STATE OF MINNESOTA
Journal of the House
NINETY-THIRD
SESSION - 2023
_____________________
SEVENTY-FOURTH
DAY
Saint Paul, Minnesota, Friday, May 19, 2023
The House of Representatives convened at
11:00 a.m. and was called to order by Dan Wolgamott, Speaker pro tempore.
Prayer was offered by the Reverend Dr.
DeWayne Davis, Plymouth Congregational Church, Minneapolis, 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
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Bliss
Brand
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Garofalo
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
Koegel
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Mekeland
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
Pursell
Quam
Rehm
Reyer
Richardson
Robbins
Schomacker
Schultz
Scott
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Urdahl
Vang
West
Wiener
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
A quorum was present.
Moller was excused.
Pryor was excused until 12:30 p.m. Kotyza-Witthuhn was excused until 12:35 p.m. O'Neill was excused until 12:50 p.m. Kiel was excused until 5:40 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 communication was received:
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 |
1955 43 10:18
a.m. May 18 May 18
Sincerely,
Steve
Simon
Secretary
of State
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Scott, Wiens, Hudson, Fogelman, Harder, Knudsen and Altendorf introduced:
H. F. No. 3331, A bill for an act relating to judiciary; requiring courts to recognize the fundamental right to the parent-child relationship in child custody and parenting time determinations; amending Minnesota Statutes 2022, section 518.155.
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law.
Davis, Igo, Skraba, Joy, Heintzeman and Bliss introduced:
H. F. No. 3332, A bill for an act relating to arts and cultural heritage; appropriating money for purchasing Wizard of Oz ruby slippers.
The bill was read for the first time and referred to the Committee on Legacy Finance.
Berg introduced:
H. F. No. 3333, A bill for an act relating to collective bargaining; proposing an amendment to the Minnesota Constitution.
The bill was read for the first time and referred to the Committee on Labor and Industry Finance and Policy.
Long moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Wolgamott.
Kozlowski was excused between the hours of
11:55 a.m. and 12:10 p.m.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 1830
A bill for an act relating to state government; appropriating money for the legislature, certain constitutional offices, and certain boards, offices, agencies, councils, departments, commissions, societies, centers, Minnesota State Retirement System, retirement plans, retirement associations, retirement fund; making appropriation reductions and cancellations; making deficiency appropriations; providing for revenue recovery; providing a statutory appropriation of funds to the legislature for sums sufficient to operate the house of representatives, senate, and Legislative Coordinating Commission; changing provisions for the legislative audit commission; making budget provisions; requiring Compensation Council to prescribe salaries for constitutional officers; requiring accountability and performance management measures; establishing the Office of Enterprise Translation; providing for grant administration and grant agreements; making county and local cybersecurity grants; changing human burial provisions; establishing the public land survey system monument grant program, the legislative task force on aging, the State Emblems Redesign Commission, and the infrastructure resilience advisory task force; requiring mixed-use Ford Building Site Redevelopment; providing for the Capitol Mall Design Framework; requiring the legislature to certify appropriation amounts for fiscal years 2026 and 2027; requiring a study of issues facing small agencies; requiring financial review of nonprofit grant recipients; modifying election administration provisions relating to voter registration, absentee voting, and election day voting; establishing early voting; adopting the national popular vote compact; allowing access for census workers; amending requirements related to soliciting near the polling
place; modifying campaign finance provisions; modifying campaign finance reporting requirements; requiring disclosure of electioneering communications; prohibiting certain contributions during the legislative session; modifying provisions related to lobbying; establishing the voting operations, technology, and election resources account; providing penalties; making technical and clarifying changes; requiring reports; amending Minnesota Statutes 2022, sections 1.135, subdivisions 2, 4, 6, by adding a subdivision; 1.141, subdivision 1; 3.099, subdivision 3; 3.97, subdivision 2; 3.972, subdivision 3; 3.978, subdivision 2; 3.979, subdivisions 2, 3, by adding a subdivision; 4.045; 5.30, subdivision 2; 5B.06; 10.44; 10.45; 10A.01, subdivisions 5, 21, 26, 30, by adding subdivisions; 10A.022, subdivision 3; 10A.025, subdivision 4; 10A.03, subdivision 2, by adding a subdivision; 10A.04, subdivisions 3, 4, 6, 9; 10A.05; 10A.06; 10A.071, subdivision 1; 10A.09, subdivision 5, by adding a subdivision; 10A.121, subdivisions 1, 2; 10A.15, subdivision 5, by adding a subdivision; 10A.20, subdivisions 2a, 5, 12; 10A.244; 10A.25, subdivision 3a; 10A.271, subdivision 1; 10A.273, subdivision 1; 10A.275, subdivision 1; 10A.31, subdivision 4; 10A.38; 15A.0815, subdivisions 1, 2; 15A.082, subdivisions 1, 2, 3, 4; 16A.122, subdivision 2; 16A.126, subdivision 1; 16A.1286, subdivision 2; 16A.152, subdivision 4; 16B.97, subdivisions 2, 3, 4; 16B.98, subdivisions 5, 6, 8, by adding subdivisions; 16B.991; 16E.14, subdivision 4; 16E.21, subdivisions 1, 2; 43A.08, subdivision 1; 135A.17, subdivision 2; 138.912, subdivisions 1, 2; 145.951; 200.02, subdivision 7; 201.022, subdivision 1; 201.061, subdivisions 1, 3, by adding a subdivision; 201.071, subdivisions 1, as amended, 8; 201.091, subdivision 4a; 201.12, subdivision 2; 201.121, subdivision 1; 201.13, subdivision 3; 201.1611, subdivision 1, by adding a subdivision; 201.195; 201.225, subdivision 2; 202A.18, subdivision 2a; 203B.001; 203B.01, by adding subdivisions; 203B.03, subdivision 1, by adding a subdivision; 203B.05, subdivision 1; 203B.08, subdivisions 1, 3; 203B.081, subdivisions 1, 3, by adding subdivisions; 203B.085; 203B.11, subdivisions 2, 4; 203B.12, subdivision 7, by adding a subdivision; 203B.121, subdivisions 1, 2, 3, 4; 203B.16, subdivision 2; 204B.06, subdivisions 1, 1b, 4a, by adding a subdivision; 204B.09, subdivisions 1, 3; 204B.13, by adding a subdivision; 204B.14, subdivision 2; 204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21, subdivision 2; 204B.26; 204B.28, subdivision 2; 204B.32, subdivision 2; 204B.35, by adding a subdivision; 204B.45, subdivisions 1, 2, by adding a subdivision; 204B.46; 204B.49; 204C.04, subdivision 1; 204C.07, subdivision 4; 204C.15, subdivision 1; 204C.19, subdivision 3; 204C.24, subdivision 1; 204C.28, subdivision 1; 204C.33, subdivision 3; 204C.35, by adding a subdivision; 204C.39, subdivision 1; 204D.08, subdivisions 5, 6; 204D.09, subdivision 2; 204D.14, subdivision 1; 204D.16; 204D.19, subdivision 2; 204D.22, subdivision 3; 204D.23, subdivision 2; 204D.25, subdivision 1; 205.13, subdivision 5; 205.16, subdivision 2; 205.175, subdivision 3; 205A.09, subdivision 2; 205A.10, subdivision 5; 205A.12, subdivision 5; 206.58, subdivisions 1, 3; 206.61, subdivision 1; 206.80; 206.83; 206.845, subdivision 1, by adding a subdivision; 206.86, by adding a subdivision; 206.90, subdivision 10; 207A.12; 207A.15, subdivision 2; 208.05; 209.021, subdivision 2; 211B.11, subdivision 1; 211B.15, subdivision 8; 211B.20, subdivision 1; 211B.32, subdivision 1; 307.08; 349A.02, subdivision 1; 367.03, subdivision 6; 381.12, subdivision 2; 447.32, subdivision 4; 462A.22, subdivision 10; proposing coding for new law in Minnesota Statutes, chapters 2; 3; 5; 10A; 16A; 16B; 16E; 203B; 208; 211B; 381; repealing Minnesota Statutes 2022, sections 1.135, subdivisions 3, 5; 1.141, subdivisions 3, 4, 6; 4A.01; 4A.04; 4A.06; 4A.07; 4A.11; 15A.0815, subdivisions 3, 4, 5; 124D.23, subdivision 9; 202A.16; 203B.081, subdivision 2; 204D.04, subdivision 1; 204D.13, subdivisions 2, 3; 383C.806; Laws 2014, chapter 287, section 25, as amended; Minnesota Rules, part 4511.0600, subpart 5.
May 18, 2023
The Honorable Melissa Hortman
Speaker of the House of Representatives
The Honorable Bobby Joe Champion
President of the Senate
We, the undersigned conferees for H. F. No. 1830 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 1830 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
STATE GOVERNMENT AND ELECTIONS APPROPRIATIONS
Section 1. STATE
GOVERNMENT AND ELECTIONS APPROPRIATIONS.
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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.
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APPROPRIATIONS
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|
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Available
for the Year |
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Ending
June 30 |
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2024
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2025
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Sec. 2. LEGISLATURE
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Subdivision 1. Total
Appropriation |
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$153,255,000 |
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$122,993,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions. The base for this appropriation is
$123,093,000 in fiscal year 2026 and each fiscal year thereafter.
Subd. 2. Senate
|
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41,045,000 |
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43,845,000 |
The base for this
appropriation in fiscal year 2026 and fiscal year 2027 is reduced by an amount
equal to the base established for the senate under Minnesota Statutes, section
3.1985, subdivision 2.
Subd. 3. House
of Representatives |
|
48,046,000 |
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48,558,000 |
The base for this
appropriation in fiscal year 2026 and fiscal year 2027 is reduced by an amount
equal to the base established for the house of representatives under Minnesota
Statutes, section 3.1985, subdivision 2.
Subd. 4. Legislative
Coordinating Commission |
|
64,164,000 |
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30,590,000 |
The base is $30,690,000 in
fiscal year 2026 and each fiscal year thereafter.
$200,000 each year is for
the Office on the Economic Status of Women.
The base for this appropriation is $400,000 in fiscal year 2026 and each
fiscal year thereafter.
$1,000,000 the first year
is to provide translation services for legislative business.
Legislative Auditor. $10,459,000 the first year and
$11,526,000 the second year are for the Office of the Legislative Auditor.
Revisor of Statutes. $22,250,000
the first year and $8,714,000 the second year are for the Office of the Revisor
of Statutes.
Legislative Reference Library.
$2,055,000 the first year and $2,184,000 the second year are for
the Legislative Reference Library.
Legislative Budget Office.
$2,454,000 the first year and $2,669,000 the second year are for
the Legislative Budget Office.
Sec. 3. GOVERNOR
AND LIEUTENANT GOVERNOR |
$9,258,000 |
|
$9,216,000 |
(a) $19,000 each year is
for necessary expenses in the normal performance of the governor's and
lieutenant governor's duties for which no other reimbursement is provided.
(b) By September 1 of each
year, the commissioner of management and budget shall report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
state government finance any personnel costs incurred by the Offices of the
Governor and Lieutenant Governor that were supported by appropriations to other
agencies during the previous fiscal year.
The Office of the Governor shall inform the chairs and ranking minority
members of the committees before initiating any interagency agreements.
Sec. 4. STATE
AUDITOR |
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$14,965,000 |
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$14,254,000 |
The base for this
appropriation is $14,268,000 in fiscal year 2026 and $14,278,000 in fiscal year
2027.
$500,000 the first year is
for assistance and grants to towns to facilitate use of the Small City and Town
Accounting System.
Sec. 5. ATTORNEY
GENERAL |
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$56,296,000 |
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$43,825,000 |
Appropriations by Fund |
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2024 |
2025 |
General |
53,380,000 |
40,909,000 |
State
Government Special Revenue |
2,521,000 |
2,521,000 |
Environmental |
145,000 |
145,000 |
Remediation |
250,000
|
250,000
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$1,000,000 the first year is
for transfer from the general fund to the consumer litigation account
established in Minnesota Statutes, section 8.315.
Sec. 6. SECRETARY
OF STATE |
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$13,470,000 |
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$11,069,000 |
The base for this
appropriation is $11,255,000 in fiscal year 2026 and $11,069,000 in fiscal year
2027.
$500,000 the first year is
for the secretary of state to make grants to counties and municipalities to
improve access to polling places for individuals with disabilities and to
provide the same opportunity for access and participation in the electoral
process, including privacy and independence, to voters with disabilities as
that which exists for voters with no disabilities. Funds may be used to purchase equipment or to
make capital improvements to government-owned facilities. This is a onetime appropriation and is
available until June 30, 2027.
$200,000 the first year is
to develop and implement an educational campaign relating to the restoration of
the right to vote to formerly incarcerated individuals, including voter
education materials and outreach to affected individuals.
Sec. 7. CAMPAIGN
FINANCE AND PUBLIC DISCLOSURE BOARD |
$1,993,000 |
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$1,981,000 |
The base for this
appropriation is $1,791,000 in fiscal year 2026 and each fiscal year
thereafter.
Sec. 8. STATE
BOARD OF INVESTMENT |
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$139,000 |
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$139,000 |
Sec. 9. ADMINISTRATIVE
HEARINGS |
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$12,528,000 |
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$10,510,000 |
Appropriations by Fund |
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2024 |
2025 |
General |
2,760,000 |
694,000 |
Workers'
Compensation |
9,768,000 |
9,816,000 |
Sec. 10. INFORMATION
TECHNOLOGY SERVICES |
$90,215,000 |
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$56,140,000 |
The base for this
appropriation is $10,853,000 in fiscal year 2026 and $10,872,000 in fiscal year
2027.
(a) Cybersecurity Grant Program.
$2,204,000 the first year and $3,521,000 the second year are for
a state and local cybersecurity improvement grant program for political
subdivisions and Minnesota Tribal governments, as established in Minnesota
Statutes, section 16E.35. This is a
onetime appropriation and is available until June 30, 2027.
(b) Statewide Cybersecurity Enhancements. $10,280,000 the first year and
$16,875,000 the second year are to procure, implement, and support advanced
cybersecurity tools that combat persistent and evolving cybersecurity threats. This is a onetime appropriation and is
available until June 30, 2027.
(c) Executive Branch Cloud Transformation. $10,685,000 the first year and $22,910,000 the second year are to support planning, migration, modernization, infrastructure, training, and services required for executive branch cloud transformation to modernize enterprise information technology delivery for state agency business partners. This is a onetime appropriation and is available until June 30, 2027.
(d) Targeted Application Modernization. $40,000,000 the first year is to modernize targeted applications to improve user experiences with digital services provided by state agencies, enable service delivery transformation, and systematically address aging technology. This is a onetime appropriation and is available until June 30, 2027.
(e) Children's Cabinet IT Innovation. $2,000,000 each year is to provide technology capabilities that support centering Minnesota children and their families over agency structures and provides dedicated information technology resources to deliver innovative digital services to children and families. This is a onetime appropriation and is available until June 30, 2027.
(f) Public Land Survey System.
$9,700,000 the first year is for the grant program authorized by
Minnesota Statutes, section 381.125, and for grants to counties to employ
county technical staff to aid surveyors making land survey corners. Up to six percent of this appropriation may
be used by the chief geospatial information officer for the administration of
the grant program. This is a onetime appropriation and is available
until June 30, 2027.
(g) During the biennium
ending June 30, 2025, the Department of Information Technology Services must
not charge fees to a public noncommercial educational television broadcast
station eligible for funding under Minnesota Statutes, chapter 129D, for access
to the state broadcast infrastructure. If
the access fees not charged to public noncommercial educational television
broadcast stations total more than $400,000 for the biennium, the office may
charge for access fees in excess of these amounts.
Sec. 11. ADMINISTRATION
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Subdivision 1. Total
Appropriation |
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$73,623,000 |
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$46,421,000 |
The base for this
appropriation is $35,746,000 in fiscal year 2026 and $35,758,000 in fiscal year
2027.
The amounts that may be spent
for each purpose are specified in the following subdivisions.
Subd. 2. Government
and Citizen Services |
|
39,928,000 |
|
19,943,000 |
The base for this
appropriation is $17,268,000 in fiscal year 2026 and $17,280,000 in fiscal year
2027.
Council on Developmental Disabilities. $222,000 each year is for the Council
on Developmental Disabilities.
State Agency Accommodation Reimbursement. $200,000 each year may be transferred
to the accommodation account established in Minnesota Statutes, section
16B.4805.
Disparity Study. $500,000 the first year and $1,000,000 the second year are to conduct a study on disparities in state procurement. This is a onetime appropriation.
Grants Administration Oversight.
$2,411,000 the first year and $1,782,000 the second year are for
grants administration oversight. The
base for this appropriation in fiscal year 2026 and each year thereafter is
$1,581,000.
$735,000 the first year and $201,000 the second year are for a study to develop a road map on the need for an enterprise grants management system and to implement the study's recommendation. This is a onetime appropriation.
Risk Management Fund Property Self-Insurance. $12,500,000 the first year is for transfer to the risk management fund under Minnesota Statutes, section 16B.85. This is a onetime appropriation.
Office of Enterprise Translations. $1,306,000 the first year and
$1,159,000 the second year are to establish the Office of Enterprise
Translations. $250,000 each year may be
transferred to the language access service account established in Minnesota
Statutes, section 16B.373.
Capitol Mall Design Framework Implementation. $5,000,000 the first year is to
implement the updated Capitol Mall Design Framework, prioritizing the framework
plans identified in article 2, section
124. This appropriation is available
until December 31, 2024.
Parking Fund. $3,255,000
the first year and $1,085,000 the second year are for a transfer to the state
parking account to maintain the operations of the parking and transit program
on the Capitol complex. These are
onetime transfers.
Procurement; Environmental
Analysis and Task Force. $522,000
the first year and $367,000 the second year are to implement the provisions of
Minnesota Statutes, section 16B.312.
Center for Rural Policy and Development. $100,000 the first year is for a grant
to the Center for Rural Policy and Development.
Subd. 3. Strategic
Management Services |
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2,574,000 |
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2,645,000 |
Subd. 4. Fiscal
Agent |
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31,121,000 |
|
23,833,000 |
The base for this appropriation
is $15,833,000 in fiscal year 2026 and each fiscal year thereafter.
The appropriations under
this section are to the commissioner of administration for the purposes
specified.
In-Lieu of Rent. $11,129,000
each year is for space costs of the legislature and veterans organizations,
ceremonial space, and statutorily free space.
Public Television. (a)
$1,550,000 each year is for matching grants for public television.
(b) $250,000 each year is
for public television equipment grants under Minnesota Statutes, section
129D.13.
(c) $500,000 each year is
for block grants to public television under Minnesota Statutes, section 129D.13. Of this amount, up to three percent is for
the commissioner of administration to administer the grants. This is a onetime appropriation.
(d) The commissioner of
administration must consider the recommendations of the Minnesota Public
Television Association before allocating the amounts appropriated in paragraphs
(a) and (b) for equipment or matching grants.
Public Radio. (a)
$2,392,000 the first year and $1,242,000 the second year are for community
service grants to public educational radio stations. This appropriation may be used to disseminate
emergency information in foreign languages.
Any unencumbered balance does not cancel at the end of the first year
and is available for the second year.
(b) $142,000 each year is
for equipment grants to public educational radio stations. This appropriation may be used for the
repair, rental, and purchase of equipment including equipment under $500.
(c) $850,000 the first year
is for grants to the Association of Minnesota Public Educational Radio Stations
for the purchase of emergency equipment and increased cybersecurity and
broadcast
technology. The Association of Minnesota Public
Educational Radio Stations may use up to four percent of this appropriation for
costs that are directly related to and necessary for the administration of
these grants.
(d) $1,288,000 the first
year is for a grant to the Association of Minnesota Public Educational Radio
Stations to provide a diverse community radio news service. Of this amount, up to $38,000 is for the
commissioner of administration to administer this grant. This is a
onetime appropriation and is available until June 30, 2027.
(e) $1,020,000 each year is
for equipment grants to Minnesota Public Radio, Inc., including upgrades to
Minnesota's Emergency Alert and AMBER Alert Systems.
(f) The appropriations in
paragraphs (a) to (e) may not be used for indirect costs claimed by an
institution or governing body.
(g) The commissioner of
administration must consider the recommendations of the Association of
Minnesota Public Educational Radio Stations before awarding grants under
Minnesota Statutes, section 129D.14, using the appropriations in paragraphs (a)
to (c). No grantee is eligible for a
grant unless they are a member of the Association of Minnesota Public
Educational Radio Stations on or before July 1, 2023.
(h) Any unencumbered
balance remaining the first year for grants to public television or public
radio stations does not cancel and is available for the second year.
Real Estate and Construction Services. $12,000,000 the first year and $8,000,000 the second year are to facilitate space consolidation and the transition to a hybrid work environment, including but not limited to the design, remodel, equipping, and furnishing of the space. This appropriation may also be used for relocation and rent loss. This is a onetime appropriation and is available until June 30, 2027.
Sec. 12. CAPITOL
AREA ARCHITECTURAL AND PLANNING BOARD |
$1,070,000 |
|
$510,000 |
The base for this
appropriation in fiscal year 2026 and each year thereafter is $455,000.
$500,000 the first year is
to support commemorative artwork activities.
This is a onetime appropriation and is available until June 30, 2027.
$130,000 in fiscal year
2024 and $55,000 in fiscal year 2025 are for mandatory zoning and design rules. This is a onetime appropriation.
Sec. 13. MINNESOTA MANAGEMENT AND BUDGET |
$55,356,000 |
|
$58,057,000 |
The base for this
appropriation is $47,831,000 in fiscal year 2026 and each fiscal year
thereafter.
(a) $13,489,000 the first
year and $14,490,000 the second year are to stabilize and secure the state's
enterprise resource planning systems. This
amount is available until June 30, 2027.
The base for this appropriation is $6,470,000 in fiscal year 2026 and
each fiscal year thereafter.
(b) $1,000,000 each year is
for administration and staffing of the Children's Cabinet established in
Minnesota Statutes, section 4.045.
(c) $317,000 each year is
to increase the agency's capacity to proactively raise awareness about the
capital budget process and provide technical assistance around the requirements
associated with the capital budget process and receiving general fund or
general obligation bond funding for capital projects, including compliance
requirements that must be met at various stages of capital project development,
with particular focus on nonprofits, American Indian communities, and
communities of color that have traditionally not participated in the state
capital budget process. This
appropriation may also be used to increase the agency's capacity to coordinate
with other state agencies regarding the administration of grant agreements,
programs, and technical assistance related to capital projects governed by the
provisions of Minnesota Statutes, chapter 16A, and other applicable laws and
statutes.
(d) $2,500,000 each year is
for interagency collaboration to develop data collection standards for race,
ethnicity, gender identity, and disability status and to develop a roadmap and
timeline for implementation of the data standards across state government. These funds may be transferred to other
agencies to support this work and may be used to update computer systems to
accommodate revised data collection standards.
This is a onetime appropriation and is available until June 30, 2027.
(e) $102,000 the first year
and $60,000 the second year are for the report required under Minnesota
Statutes, section 43A.15, subdivision 14a, and for training and content
development relating to ADA Title II, affirmative action, equal employment
opportunity, digital accessibility, inclusion, disability awareness, and
cultural competence.
Sec. 14. REVENUE |
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|
|
Subdivision 1. Total
Appropriation |
|
$194,566,000 |
|
$203,778,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
190,306,000 |
199,518,000 |
Health Care
Access |
1,760,000 |
1,760,000 |
Highway User
Tax Distribution |
2,195,000 |
2,195,000 |
Environmental |
305,000 |
305,000 |
The general fund base for
this appropriation is $198,168,000 in fiscal year 2026 and each fiscal year
thereafter.
Subd. 2. Tax
System Management |
|
161,715,000 |
|
168,851,000 |
Appropriations by Fund |
||
General |
157,455,000 |
164,591,000 |
Health Care
Access |
1,760,000 |
1,760,000 |
Highway User
Tax Distribution |
2,195,000 |
2,195,000 |
Environmental |
305,000 |
305,000 |
The general fund base for
this appropriation is $163,189,000 in fiscal year 2026 and $163,263,000 in
fiscal year 2027 and each fiscal year thereafter.
Taxpayer Assistance. (a)
$750,000 each year is for the commissioner of revenue to make grants to one or
more eligible organizations, qualifying under section 7526A(e)(2)(B) of the
Internal Revenue Code of 1986 to coordinate, facilitate, encourage, and aid in
the provision of taxpayer assistance services.
The unencumbered balance in the first year does not cancel but is
available for the second year.
(b) For purposes of this
section, "taxpayer assistance services" means accounting and tax
preparation services provided by volunteers to low-income, elderly, and
disadvantaged Minnesota residents to help them file federal and state income
tax returns and Minnesota property tax refund claims and to provide personal
representation before the Department of Revenue and Internal Revenue Service.
Subd. 3. Debt
Collection Management |
|
32,851,000 |
|
34,927,000 |
The base for this
appropriation is $34,979,000 in fiscal year 2026 and $34,905,000 in fiscal year
2027 and each fiscal year thereafter.
Sec. 15. GAMBLING CONTROL BOARD |
|
$6,365,000 |
|
$6,334,000 |
These appropriations are
from the lawful gambling regulation account in the special revenue fund.
Sec. 16. RACING
COMMISSION |
|
$1,933,000 |
|
$954,000 |
Appropriations by Fund |
||
General |
1,000,000 |
-0- |
Special Revenue
|
933,000 |
954,000 |
The special revenue fund
appropriations are from the racing and card playing regulation accounts in the
special revenue fund.
Horseracing Integrity and Safety Act Compliance. $1,000,000 in fiscal year 2024 is from
the general fund for costs related to the federal Horseracing Integrity and
Safety Act.
Sec. 17. STATE
LOTTERY |
|
|
|
|
Notwithstanding Minnesota
Statutes, section 349A.10, subdivision 3, the State Lottery's operating budget
must not exceed $40,000,000 in fiscal year 2024 and $40,000,000 in fiscal year
2025.
Sec. 18. AMATEUR
SPORTS COMMISSION |
|
$1,229,000 |
|
$391,000 |
$850,000 the first year is
for upgrades necessary to support the installation of solar panels on the roof
of the ice arena complex at the National Sports Center.
Sec. 19. COUNCIL
FOR MINNESOTANS OF AFRICAN HERITAGE |
$795,000 |
|
$816,000 |
Sec. 20. COUNCIL
ON LATINO AFFAIRS |
|
$664,000 |
|
$680,000 |
Sec. 21. COUNCIL
ON ASIAN-PACIFIC MINNESOTANS |
$623,000 |
|
$645,000 |
Sec. 22. INDIAN
AFFAIRS COUNCIL |
|
$1,337,000 |
|
$1,360,000 |
Sec. 23. COUNCIL
ON LGBTQIA2S+ MINNESOTANS |
$500,000 |
|
$499,000 |
Sec. 24. MINNESOTA
HISTORICAL SOCIETY |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$35,356,000 |
|
$26,932,000 |
The base for this
appropriation in fiscal year 2026 and each year thereafter is $26,457,000.
The amounts that may be spent
for each purpose are specified in the following subdivisions.
Subd. 2. Operations
and Programs |
|
34,935,000 |
|
26,511,000 |
The base for this
appropriation in fiscal year 2026 and each year thereafter is $26,136,000.
Notwithstanding Minnesota
Statutes, section 138.668, the Minnesota Historical Society may not charge a
fee for its general tours at the Capitol, but may charge fees for special
programs other than general tours.
(a) $9,390,000 the first
year is for capital improvements and betterments at state historic sites,
buildings, landscaping at historic buildings, exhibits, markers, and monuments,
to be spent in accordance with Minnesota Statutes, section 16B.307. The society shall determine project
priorities as appropriate based on need.
This amount is available until June 30, 2027.
(b) $35,000 the first year
is to support the work of the State Emblems Redesign Commission established
under article 2, section 118.
Subd. 3. Fiscal
Agent |
|
421,000 |
|
421,000 |
The base for this
appropriation is $321,000 in fiscal year 2026 and each fiscal year thereafter.
(a) Global
Minnesota |
|
39,000 |
|
39,000 |
(b) Minnesota
Air National Guard Museum |
|
17,000 |
|
17,000 |
(c) Hockey Hall
of Fame |
|
100,000 |
|
100,000 |
(d) Farmamerica |
|
215,000 |
|
215,000 |
The base for this
appropriation is $115,000 in fiscal year 2026 and each fiscal year thereafter.
(e) Minnesota
Military Museum |
|
50,000 |
|
50,000 |
Any unencumbered balance
remaining in this subdivision the first year does not cancel but is available
for the second year of the biennium.
Sec. 25. BOARD
OF THE ARTS |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$7,774,000 |
|
$7,787,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2.
Operations and Services |
|
835,000 |
|
848,000 |
Subd. 3. Grants
Program |
|
4,800,000 |
|
4,800,000 |
Subd. 4. Regional
Arts Councils |
|
2,139,000 |
|
2,139,000 |
Any unencumbered balance
remaining in this section the first year does not cancel, but is available for
the second year.
Money appropriated in this
section and distributed as grants may only be spent on projects located in
Minnesota. A recipient of a grant funded
by an appropriation in this section must not use more than ten percent of the
total grant for costs related to travel outside the state of Minnesota.
Sec. 26. MINNESOTA
HUMANITIES CENTER |
|
$3,470,000 |
|
$970,000 |
$500,000 each year is for
Healthy Eating, Here at Home grants under Minnesota Statutes, section 138.912. No more than three percent of the
appropriation may be used for the nonprofit administration of the program.
$2,500,000 the first year is
for cultural awareness programs and grants.
If the center awards grants, it may retain up to five percent of the
amount allocated to grants for administrative costs associated with the grants. This is a onetime appropriation and is
available until June 30, 2027.
Sec. 27. BOARD
OF ACCOUNTANCY |
|
$844,000 |
|
$859,000 |
Sec. 28. BOARD
OF ARCHITECTURE ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN |
$893,000 |
|
$913,000 |
Sec. 29. BOARD
OF COSMETOLOGIST EXAMINERS |
$3,470,000 |
|
$3,599,000 |
Sec. 30. BOARD
OF BARBER EXAMINERS |
|
$442,000 |
|
$452,000 |
Sec. 31. GENERAL
CONTINGENT ACCOUNTS |
|
$2,000,000 |
|
$2,000,000 |
Appropriations by Fund |
||
|
2024 |
2025 |
General |
1,500,000 |
1,500,000 |
State Government Special Revenue |
400,000 |
400,000 |
Workers'
Compensation |
100,000 |
100,000 |
(a) The general fund base
for this appropriation is $1,500,000 in fiscal year 2026 and each even-numbered
fiscal year thereafter. The base is $0
for fiscal year 2027 and each odd-numbered fiscal year thereafter.
(b) The appropriations in this
section may only be spent with the approval of the governor after consultation
with the Legislative Advisory Commission
pursuant to Minnesota Statutes, section 3.30.
(c) If an appropriation in
this section for either year is insufficient, the appropriation for the other
year is available for it.
Sec. 32. TORT
CLAIMS |
|
$161,000 |
|
$161,000 |
These appropriations are to
be spent by the commissioner of management and budget according to Minnesota Statutes,
section 3.736, subdivision 7. If an
appropriation in this section for either year is insufficient, the
appropriation for the other year is available for it.
Sec. 33. MINNESOTA STATE RETIREMENT SYSTEM |
|
|
|
Subdivision 1. Total
Appropriation |
|
$14,543,000 |
|
$14,372,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Combined Legislators and Constitutional Officers Retirement Plan |
8,543,000 |
|
8,372,000 |
Under Minnesota Statutes,
sections 3A.03, subdivision 2; 3A.04, subdivisions 3 and 4; and 3A.115.
Subd. 3. Judges
Retirement Plan |
|
6,000,000 |
|
6,000,000 |
For transfer to the judges
retirement fund under Minnesota Statutes, section 490.123. This transfer continues each fiscal year
until the judges retirement plan reaches 100 percent funding as determined by
an actuarial valuation prepared according to Minnesota Statutes, section
356.214.
Sec. 34. PUBLIC
EMPLOYEES RETIREMENT ASSOCIATION |
$25,000,000 |
|
$25,000,000 |
(a) $9,000,000 each year is
for direct state aid to the public employees police and fire retirement plan
authorized under Minnesota Statutes, section 353.65, subdivision 3b.
(b) State payments from the
general fund to the Public Employees Retirement Association on behalf of the
former MERF division account are $16,000,000 on September 15, 2024, and
$16,000,000 on September 15, 2025. These
amounts are estimated to be needed under Minnesota Statutes, section 353.505.
Sec. 35. TEACHERS RETIREMENT ASSOCIATION |
$29,831,000 |
|
$29,831,000 |
The amounts estimated to be
needed are as follows:
Special Direct State Aid.
$27,331,000 each year is for special direct state aid authorized
under Minnesota Statutes, section 354.436.
Special Direct State Matching Aid. $2,500,000 each year is for special
direct state matching aid authorized under Minnesota Statutes, section 354.435.
Sec. 36. ST. PAUL
TEACHERS RETIREMENT FUND |
$14,827,000 |
|
$14,827,000 |
The amounts estimated to be
needed for special direct state aid to the first class city teachers retirement
fund association authorized under Minnesota
Statutes, section 354A.12, subdivisions 3a and 3c.
Sec. 37. CANCELLATION;
COVID-19 MANAGEMENT.
$58,334,000 of the general fund appropriation in Minnesota Laws 2022, chapter 50, article 3, section 1, is canceled to the general fund by June 30, 2023.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 38. APPROPRIATION
REDUCTION FOR EXECUTIVE AGENCIES.
(a) The commissioner of
management and budget must reduce general fund appropriations to executive
agencies for agency operations for the biennium ending June 30, 2025, by
$8,672,000 due to savings from reduced transfers to the Governor's Office
account in the special revenue fund.
(b) If savings are
obtained through reduced transfers from nongeneral funds other than those
established in the state constitution or protected by federal law, the
commissioner of management and budget may transfer the amount of savings to the
general fund. The amount transferred to
the general fund from other funds reduces the required general fund reduction
in this section. Reductions made in
fiscal year 2025 must be reflected as reductions in agency base budgets for
fiscal years 2026 and 2027.
Sec. 39. APPROPRIATION;
CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD; CAPITOL MALL DESIGN FRAMEWORK.
$1,000,000 in fiscal year 2023 is appropriated from the general fund to the Capitol Area Architectural and Planning Board to update the Capitol Mall Design Framework and for initial implementation of the framework. This is a onetime appropriation and is available until December 31, 2024.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 40. APPROPRIATION;
SECRETARY OF STATE; HELP AMERICA VOTE ACT STATE MATCHING FUNDS.
$461,000 in fiscal year
2023 is transferred from the general fund to the Help America Vote Act (HAVA)
account established in Minnesota Statutes, section 5.30, and is credited to the
state match requirement of the Consolidated Appropriations Act of 2022, Public
Law 117-103, and the Consolidated Appropriations Act of 2023, Public Law
117-328. This is a onetime transfer.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 41. APPROPRIATION;
SECRETARY OF STATE; COURT ORDERED ATTORNEY FEES.
$495,000 in fiscal year
2023 is appropriated from the general fund to the secretary of state for the payment
of attorney fees and costs awarded by court order in the legislative and
congressional redistricting cases Peter Wattson, et al.; Paul Anderson, et al.; and Frank Sachs, et al. v. Steve Simon,
Secretary of State of Minnesota, Nos. A21-0243 and A21-0546, and
interest thereon. This is a onetime
appropriation.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 42. APPROPRIATION;
DEPARTMENT OF CORRECTIONS.
$165,000 in fiscal year
2024 and $33,000 in fiscal year 2025 are appropriated to the commissioner of
corrections for the report required under Minnesota Statutes section 201.145,
subdivision 3.
Sec. 43. TRANSFER;
VOTING OPERATIONS, TECHNOLOGY, AND ELECTION RESOURCES ACCOUNT.
$1,250,000 each year is transferred from the general fund to the voting operations, technology, and election resources account established under Minnesota Statutes, section 5.305. The base for this transfer is $1,250,000 in fiscal year 2026 and each fiscal year thereafter.
Sec. 44. TRANSFER;
STATE ELECTIONS CAMPAIGN ACCOUNT.
$2,103,000 in fiscal year
2025 is transferred from the general fund to the general account of the state
elections campaign account established in Minnesota Statutes, section 10A.31. This is a onetime transfer.
Sec. 45. TRANSFER;
STATE FACILITIES ASSET PRESERVATION.
$9,391,000 in fiscal year
2024 is transferred from the general fund to the asset preservation account in
the special revenue fund established in Minnesota Statutes, section 16B.24, subdivision
5, paragraph (d).
Sec. 46. SCIENCE
MUSEUM OF MINNESOTA REVENUE RECOVERY.
$500,000 in fiscal year
2024 and $250,000 in fiscal year 2025 are appropriated from the general fund to
the Science Museum of Minnesota for revenue recovery. This is a onetime appropriation.
Sec. 47. ST. ANTHONY
FALLS STUDY.
$1,000,000 in fiscal year
2024 is appropriated from the general fund to the Board of Regents of the
University of Minnesota for a geophysical study and hazard assessment of the St. Anthony
Falls area and St. Anthony Falls cutoff wall. The study must include a field-based
investigation of the cutoff wall and other subsurface structures, modeling of
the surrounding area, examination of public safety and infrastructure risks
posed by potential failure of the cutoff wall or surrounding area, and
emergency response plan for identified risks.
By conducting this study, the Board of Regents does not consent to
accepting liability for the current condition or risks posed by a potential
failure of the cutoff wall. By July 1,
2025, the Board of Regents must submit a report to the legislative committees
with jurisdiction over state and local government policy and finance. This appropriation is available until June
30, 2025.
Sec. 48. Minnesota Statutes 2022, section 5.30, subdivision 2, is amended to read:
Subd. 2. Appropriation. Notwithstanding section 4.07, Money
in the Help America Vote Act account may be spent only pursuant to direct
appropriations enacted from time to time by law. Money in the account must be spent is
appropriated to the secretary of state to improve the administration
of elections in accordance with the Help
America Vote Act, the state plan certified by the governor under the act, and for reporting and administrative requirements under the act and plan. To the extent required by federal law, money in the account must be used in a manner that is consistent with the maintenance of effort requirements of section 254(a)(7) of the Help America Vote Act, Public Law 107-252, based on the level of state expenditures for the fiscal year ending June 30, 2000.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to any
balances in the Help America Vote Act account existing on or after that date.
Sec. 49. Minnesota Statutes 2022, section 6.91, subdivision 4, is amended to read:
Subd. 4. Appropriation. (a) The amount necessary to fund
obligations under subdivision 2 is annually appropriated from the general fund
to the commissioner of revenue.
(b) The sum of $6,000 in
fiscal year 2011 and $2,000 in each fiscal year thereafter is annually
appropriated from the general fund to the state auditor to carry out the
auditor's responsibilities under sections 6.90 to 6.91.
Sec. 50. Minnesota Statutes 2022, section 10A.31, subdivision 4, is amended to read:
Subd. 4. Appropriation. (a) The amounts designated by individuals for the state elections campaign account, less three percent, are appropriated from the general fund, must be transferred and credited to the appropriate account in the state elections campaign account, and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7. The remaining three percent must be kept in the general fund for administrative costs.
(b) In addition to the
amounts in paragraph (a), $1,020,000 $2,432,000 for each general
election is appropriated from the general fund for transfer to the general
account of the state elections campaign account.
EFFECTIVE DATE. This
section is effective July 1, 2025.
Sec. 51. REPEALER.
Laws 2023, chapter 34,
article 4, section 1, subdivision 2, is repealed.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 2
STATE GOVERNMENT POLICY
Section 1. Minnesota Statutes 2022, section 1.135, subdivision 2, is amended to read:
Subd. 2. Official
seal. The seal described in
subdivision 3 3a is the "Great Seal of the State of
Minnesota." When the seal, the impression of the seal, the scene within
the seal, or its likeness is reproduced at state expense, it must conform to
subdivision 3 and section 4.04. A seal,
impression, scene, or likeness which does not conform to these provisions is
not official.
EFFECTIVE DATE. This
section is effective May 11, 2024.
Sec. 2. Minnesota Statutes 2022, section 1.135, is amended by adding a subdivision to read:
Subd. 3a. Official
seal; May 11, 2024, and thereafter. The
Great Seal of the State of Minnesota is the design as certified in the report
of the State Emblems Redesign Commission, as established by this act.
EFFECTIVE DATE. This
section is effective May 11, 2024.
Sec. 3. Minnesota Statutes 2022, section 1.135, subdivision 4, is amended to read:
Subd. 4. Additional
effects; size. Every effort shall be
made to reproduce the seal with justification to the 12 o'clock position and
with attention to the authenticity of the illustrations used to create the
scene within the seal. The description
of the scene in this section does not preclude the graphic inclusion of the
effects of movement, sunlight, or falling water when the seal is reproduced. Nor does. This section does not prohibit the
enlargement, proportioned reduction, or embossment of the seal for its use in
unofficial acts.
EFFECTIVE DATE. This
section is effective May 11, 2024.
Sec. 4. Minnesota Statutes 2022, section 1.135, subdivision 6, is amended to read:
Subd. 6. State's
duties. State agencies and
departments using the seal, its impression, the scene within the seal or
its likeness shall make every effort to bring any seal, impression, scene,
or likeness currently fixed to a permanent object into accordance with this
section and section 4.04. Expendable
material to which the seal in effect prior to May 11, 2024, or any
impression, scene, or likeness of that seal is currently affixed may be
used until the supply is exhausted or until January 1, 2025, whichever
occurs first. All unused dies and
engravings of the Great Seal shall be given to the Minnesota Historical
Society, along with all historical information available about the seal, to be
retained in the society's permanent collection.
EFFECTIVE DATE. This
section is effective May 11, 2024.
Sec. 5. Minnesota Statutes 2022, section 1.141, subdivision 1, is amended to read:
Subdivision 1. Adoption. The design of the state flag proposed
by the Legislative Interim Commission acting under Laws 1955, chapter 632, as
certified in the report of the State Emblems Redesign Commission, as
established by this act, is adopted as the official state flag.
EFFECTIVE DATE. This
section is effective May 11, 2024.
Sec. 6. [1.1471]
STATE FIRE MUSEUM.
The Bill and Bonnie
Daniels Firefighters Hall and Museum in the city of Minneapolis is designated
as the official state fire museum.
Sec. 7. Minnesota Statutes 2022, section 3.011, is amended to read:
3.011 SESSIONS.
The legislature shall meet
at the seat of government on the first Tuesday after the first second
Monday in January of each odd-numbered year.
When the first Monday in January falls on January 1, it shall meet on
the first Wednesday after the first Monday.
It shall also meet when called by the governor to meet in special
session.
Sec. 8. Minnesota Statutes 2022, section 3.012, is amended to read:
3.012 LEGISLATIVE DAY.
For the purposes of the
Minnesota Constitution, article IV, section 12, a legislative day is a day
when either house of the legislature is called to order gives any
bill a third reading, adopts a rule of procedure or organization, elects a
university regent, confirms a gubernatorial appointment, or votes to override a
gubernatorial veto. A legislative
day begins at seven o'clock a.m. and continues until seven o'clock a.m. of the
following calendar day.
EFFECTIVE DATE. This
section is effective January 13, 2025, and applies to sessions of the
legislature convening on or after that date.
Sec. 9. Minnesota Statutes 2022, section 3.099, subdivision 3, is amended to read:
Subd. 3. Leaders. The senate Committee on Rules and
Administration for the senate and the house of representatives Committee on
Rules and Legislative Administration for the house of representatives may each
designate for their respective body up to three five leadership
positions to receive up to 140 percent of the compensation of other members.
At the commencement of each biennial legislative session, each house of the legislature shall adopt a resolution designating its majority and minority leader.
The majority leader is the person elected by the caucus of members in each house which is its largest political affiliation. The minority leader is the person elected by the caucus which is its second largest political affiliation.
Sec. 10. Minnesota Statutes 2022, section 3.195, subdivision 1, is amended to read:
Subdivision 1. Distribution
of reports. (a) Except as provided
in subdivision 4, a report to the legislature required of a department or
agency shall be made, unless otherwise specifically required by law, by filing two
copies one copy with the Legislative Reference Library, and by
making the report available electronically to the Legislative Reference Library. The same distribution procedure shall be
followed for other reports and publications unless otherwise requested by a
legislator or the Legislative Reference Library.
(b) A public entity as defined in section 16C.073 shall not distribute a report or publication to a member or employee of the legislature, except the Legislative Reference Library, unless the entity has determined that the member or employee wants the reports or publications published by that entity or the member or employee has requested the report or publication. This prohibition applies to both mandatory and voluntary reports and publications. A report or publication may be summarized in an executive summary and distributed as the entity chooses. Distribution of a report to legislative committee or commission members during a committee or commission hearing is not prohibited by this section.
(c) A report or publication produced by a public entity may not be sent to both the home address and the office address of a representative or senator unless mailing to both addresses is requested by the representative or senator.
(d) Reports, publications, periodicals, and summaries under this subdivision must be printed in a manner consistent with section 16C.073.
Sec. 11. [3.1985]
LEGISLATIVE FUNDING; APPROPRIATION.
Subdivision 1. Definition. As used in this section, "member
expenses" means:
(1) compensation to
members of the legislature, to include salary; payroll taxes; leadership pay;
employer-paid benefits or contributions offered through the state employee
group insurance program or the Minnesota State Retirement System; and any fees
related to items identified in this clause; and
(2) per diem and mileage
costs associated with the conduct of legislative business by members of the
legislature, and housing and communication costs for members, as authorized by
the house of representatives Committee on Rules and Legislative Administration
or the senate Committee on Rules and Administration.
Subd. 2. Legislative
funding. (a) Sums sufficient
to fund member expenses of the house of representatives and the senate are
appropriated from the general fund to the house of representatives and senate,
as applicable.
(b) No later than June 15 of
each year, the controller of the house of representatives and the secretary of
the senate must each certify to the commissioner of management and budget the
amounts to be appropriated under this section for the fiscal year beginning
July 1 of the same year.
(c) No later than
January 15 of each year, the controller of the house of representatives and the
secretary of the senate must each certify to the commissioner of management and
budget any changes to the current biennium's appropriations. Certifications provided by January 15 of an
odd-numbered year must include estimated amounts to be appropriated for the
fiscal biennium beginning the next July 1.
(d) Amounts certified
under paragraphs (b) and (c) must be the amounts determined by a majority vote
conducted during a public meeting of the house of representatives Committee on
Rules and Legislative Administration, or the senate Committee on Rules and
Administration, as applicable.
(e) At any time between
the date funds are certified under this subdivision and the last date for
adjusting the certified amount, the Legislative Advisory Commission may convene
a meeting to review and provide advice on the certified amount. At its discretion, the committees may
incorporate the advice of the Legislative Advisory Commission when making an
adjustment to the certified amount.
(f) Sums sufficient to
address emergency needs of the house of representatives, senate, Legislative
Coordinating Commission, and any other joint legislative office, council, or
commission, are appropriated from the general fund to the house of
representatives, senate, or Legislative Coordinating Commission, as applicable. Emergency needs may include but are not
limited to information technology system failures, cybersecurity incidents, and
physical infrastructure failures. The controller
of the house of representatives, the secretary of the senate, or the executive
director of the Legislative Coordinating Commission must certify to the
commissioner of management and budget any amount to be appropriated under this
paragraph, as directed by the speaker of the house, majority leader of the
senate, or chair of the Legislative Coordinating Commission. To the extent practical, any amount proposed
for appropriation must be submitted to the commissioner of management and
budget for advice and comment prior to final certification. The total amount appropriated by this
paragraph in a fiscal year must not exceed $1,000,000.
(g) In the event of a
nonappropriation caused by a gubernatorial veto impacting the house of
representatives, the senate, the Legislative Coordinating Commission, or any
other joint legislative office, council, or commission, the general fund
appropriation base for the house of representatives, senate, or Legislative
Coordinating Commission, plus three percent, is appropriated in the next fiscal
year from the general fund to the house of representatives, senate, or
Legislative Coordinating Commission, as applicable, for any expenses for which
an appropriation is not otherwise provided by this section.
(h) By October 15 each
year, the house of representatives, the senate, and the Legislative
Coordinating Commission must each submit a report to the commissioner of
management and budget detailing expenditures made under paragraphs (a) and (f)
for the prior fiscal year.
Subd. 3. Other
appropriations. Nothing in
this section precludes the house of representatives, the senate, or a joint
legislative office or commission of the Legislative Coordinating Commission
from receiving a direct appropriation by law or another statutory appropriation
for a specific purpose provided in the direct or statutory appropriation. If the house of representatives, the senate,
or a joint legislative office or commission receives a direct or statutory
appropriation, the amount appropriated is distinct from and must not be
considered during the biennial appropriation certification process under this
section.
EFFECTIVE DATE; APPLICABILITY.
This section is effective July 1, 2025, and applies to
appropriations for fiscal years 2026 and thereafter.
Sec. 12. Minnesota Statutes 2022, section 3.303, subdivision 6, is amended to read:
Subd. 6. Grants; staff; space; equipment; contracts. (a) The commission may make grants, employ an executive director and other staff, and obtain office space, equipment, and supplies necessary to perform its duties.
(b) The executive
director may enter into contracts in compliance with section 3.225 to provide
necessary services and supplies for the house of representatives and the
senate, and for legislative commissions and joint legislative offices. A contract for professional or technical
services that is valued at more than $50,000 may be made only after the
executive director has consulted with the chair and vice-chair of the
commission.
Sec. 13. Minnesota Statutes 2022, section 3.855, subdivision 2, is amended to read:
Subd. 2. Unrepresented
state employee negotiations compensation. (a) The commissioner of management and
budget shall regularly advise the commission on the progress of collective
bargaining activities with state employees under the state Public Employment
Labor Relations Act. During
negotiations, the commission may make recommendations to the commissioner as it
deems appropriate but no recommendation shall impose any obligation or grant
any right or privilege to the parties.
(b) (a) The
commissioner of management and budget shall submit to the chair of the
commission any negotiated collective bargaining agreements, arbitration
awards, compensation plans, or salaries for legislative approval
or disapproval. Negotiated agreements
shall be submitted within five days of the date of approval by the commissioner
or the date of approval by the affected state employees, whichever occurs later. Arbitration awards shall be submitted within
five days of their receipt by the commissioner. prepared under section 43A.18,
subdivisions 2, 3, 3b, and 4. The
chancellor of the Minnesota State Colleges and Universities shall submit any
compensation plan under section 43A.18, subdivision 3a. If the commission disapproves a collective
bargaining agreement, award, compensation plan, or salary, the
commission shall specify in writing to the parties those portions with which it
disagrees and its reasons. If the
commission approves a collective bargaining agreement, award, compensation
plan, or salary, it shall submit the matter to the legislature to be
accepted or rejected under this section.
(c) (b) When
the legislature is not in session, the commission may give interim approval to
a negotiated collective bargaining agreement, salary, or
compensation plan, or arbitration award.
When the legislature is not in session, failure of the commission to
disapprove a collective bargaining agreement or arbitration award within 30
days constitutes approval. The
commission shall submit the negotiated collective bargaining agreements,
salaries, and compensation plans, or arbitration awards
for which it has provided approval to the entire legislature for ratification
at a special legislative session called to consider them or at its next regular
legislative session as provided in this section. Approval or disapproval by the commission is
not binding on the legislature.
(d) (c) When
the legislature is not in session, the proposed collective bargaining
agreement, arbitration decision, salary, or compensation plan must
be implemented upon its approval by the commission, and state employees covered
by the proposed agreement or arbitration decision plan or salary
do not have the right to strike while the interim approval is in effect. Wages and economic fringe benefit
increases provided for in the agreement or arbitration decision paid in
accordance with the interim approval by the commission are not affected, but
the wages or benefit increases must cease to be paid or provided effective upon
the rejection of the agreement, arbitration decision, salary, or compensation
plan, or upon adjournment of the legislature without acting on it.
Sec. 14. Minnesota Statutes 2022, section 3.855, subdivision 3, is amended to read:
Subd. 3. Other
salaries and compensation plans. The
commission shall also:
(1) review and approve,
or reject, or modify a plan for compensation and terms and
conditions of employment prepared and submitted by the commissioner of
management and budget under section 43A.18, subdivision 2, covering all state
employees who are not represented by an exclusive bargaining representative and
whose compensation is not provided for by chapter 43A or other law;
(2) review and approve, or
reject, or modify a plan for total compensation and terms and conditions
of employment for employees in positions identified as being managerial under
section 43A.18, subdivision 3, whose salaries and benefits are not otherwise
provided for in law or other plans established under chapter 43A;
(3) review and approve,
reject, or modify recommendations for salaries submitted by the governor or
other appointing authority under section 15A.0815, subdivision 5, covering
agency head positions listed in section 15A.0815;
(4) (3) review
and approve, or reject, or modify recommendations for
salary range of officials of higher education systems under section 15A.081,
subdivision 7c;
(5) (4) review
and approve, or reject, or modify plans for compensation,
terms, and conditions of employment proposed under section 43A.18, subdivisions
3a, 3b, and 4; and
(6) (5) review
and approve, or reject, or modify the plan for
compensation, terms, and conditions of employment of classified employees in
the office of the legislative auditor under section 3.971, subdivision 2.
Sec. 15. Minnesota Statutes 2022, section 3.855, subdivision 5, is amended to read:
Subd. 5. Information
required. The commissioner of
management and budget must submit to the Legislative Coordinating Commission
the following information with the submission of a collective bargaining
agreement or compensation plan under subdivisions subdivision
2 and 3:
(1) for each agency and for
each proposed agreement or plan, a comparison of biennial compensation
costs under the current agreement or plan to the projected biennial
compensation costs under the proposed agreement or plan, paid with funds
appropriated from the general fund;
(2) for each agency and for
each proposed agreement or plan, a comparison of biennial compensation
costs under the current agreement or plan to the projected biennial
compensation costs under the proposed agreement or plan, paid with funds
appropriated from each fund other than the general fund;
(3) for each agency and for
each proposed agreement or plan, an identification of the amount of the
additional biennial compensation costs that are attributable to salary and
wages and to the cost of nonsalary and nonwage benefits; and
(4) for each agency, for
clauses (1) to (3), the impact of the aggregate of all agreements and
plans being submitted to the commission.
Sec. 16. Minnesota Statutes 2022, section 3.855, is amended by adding a subdivision to read:
Subd. 6. Information
required; collective bargaining agreements, memoranda of understanding, and
arbitration awards. Within 14
days after the implementation of a collective bargaining agreement, memorandum
of understanding, or receipt of an arbitration award, the commissioner of
management and budget must submit to the Legislative Coordinating Commission
the following:
(1) a copy of the
collective bargaining agreement showing changes from previous agreements and a
copy of the executed agreement;
(2) a copy of any
memorandum of understanding that has a fiscal impact, interest, or arbitration
award;
(3) a comparison of biennial
compensation costs under the current agreement to the projected biennial
compensation costs under the new agreement, memorandum of understanding,
interest, or arbitration award; and
(4) a comparison of
biennial compensation costs under the current agreement to the projected
biennial compensation costs for the following biennium under the new agreement,
memorandum of understanding, interest, or arbitration award.
Sec. 17. Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to read:
Subd. 1a. Definition. (a) For purposes of this section, the
following term has the meaning given.
(b) "Security
records" means data, documents, recordings, or similar that:
(1) were originally
collected, created, received, maintained, or disseminated by a member of the
commission during a closed meeting or a closed portion of a meeting; and
(2) are security
information as defined by section 13.37, subdivision 1, or otherwise pertain to
cybersecurity briefings and reports; issues related to cybersecurity systems;
or deficiencies in or recommendations regarding cybersecurity services,
infrastructure, and facilities, if disclosure of the records would pose a
danger to or compromise cybersecurity infrastructure, facilities, procedures,
or responses.
Sec. 18. Minnesota Statutes 2022, section 3.888, subdivision 5, is amended to read:
Subd. 5. Meetings. The commission must meet at least three
times per calendar year. The meetings of
the commission are subject to section 3.055, except that the commission may
close a meeting when necessary to safeguard the state's cybersecurity. The minutes, recordings, and documents
from a closed meeting under this subdivision Security records shall
be maintained by the Legislative Coordinating Commission and shall not be made
available to the public until at least eight years but no more than
20 years after the date of the closed meeting.
Sec. 19. Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to read:
Subd. 5a. Closed
meetings procedures. The
commission must adopt procedures for conducting closed meetings before the
commission's first closed meeting. At a
minimum, the procedures must include:
(1) a requirement to
provide notice to the public, when practicable, before each closed meeting of
the commission's intent and authority to hold a closed meeting or to hold a
closed session during an otherwise open meeting;
(2) a requirement that
the commission minimize the number of people present at a closed meeting to
those necessary to conduct the meeting;
(3) a requirement that
votes shall not be taken during a closed meeting or a closed portion of a
meeting pursuant to this section;
(4) steps the commission
must take if a commission member is alleged to have violated the
confidentiality of a closed meeting; and
(5) guidance for the
Legislative Coordinating Commission for the public release of security records
following the eight-year record requirement in subdivision 5. The meetings of the Legislative Coordinating
Commission under this subdivision are exempt from section 3.055 when necessary
to safeguard the confidentiality of security records.
Sec. 20. Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to read:
Subd. 5b. Alleged
member closed meeting confidentiality violations. Notwithstanding any law to the
contrary, if a complaint alleging a member violated the confidentiality of a
closed meeting is brought to a legislative committee with jurisdiction over
ethical conduct, the committee with jurisdiction over ethical conduct must
preserve the confidentiality of the closed meeting at issue.
Sec. 21. Minnesota Statutes 2022, section 3.97, subdivision 2, is amended to read:
Subd. 2. Membership; terms; meetings; compensation;
powers. The Legislative Audit
Commission consists of:
(1) three members of the
senate appointed by the Subcommittee on Committees of the Committee on Rules
and Administration of the senate majority leader;
(2) three members of the senate appointed by the senate minority leader;
(3) three members of the house of representatives appointed by the speaker of the house; and
(4) three members of the house of representatives appointed by the house of representatives minority leader.
Members shall serve until replaced, or until they are not members of the legislative body from which they were appointed. Appointing authorities shall fill vacancies on the commission within 30 days of a vacancy being created.
The commission shall meet in January of each odd-numbered year to elect its chair and vice-chair. They shall serve until successors are elected. The chair and vice-chair shall alternate biennially between the senate and the house of representatives, and shall be of different political parties. The commission shall meet at the call of the chair. The members shall serve without compensation but be reimbursed for their reasonable expenses as members of the legislature. The commission may exercise the powers prescribed by section 3.153.
Sec. 22. Minnesota Statutes 2022, section 3.972, subdivision 3, is amended to read:
Subd. 3. Audit
contracts. Notwithstanding any
other law, A state department, board, commission, or other state agency shall
not negotiate a contract contracting with a public accountant for an
audit, except a contract negotiated by the state auditor for an audit of a
local government, unless the contract has been reviewed by the legislative
auditor. The legislative auditor shall
not participate in the selection of the public accountant but shall review and
submit written comments on the proposed contract within seven days of its
receipt. Upon completion of the audit,
the legislative auditor shall be given must provide the legislative
auditor with a copy of the final report of the audit upon completion of
the audit.
Sec. 23. Minnesota Statutes 2022, section 3.978, subdivision 2, is amended to read:
Subd. 2. Inquiry
and inspection power; duty to aid legislative auditor. All public officials and their deputies
and employees, and all corporations, firms, and individuals having business
involving the receipt, disbursement, or custody of public funds shall at all
times: (1) afford reasonable
facilities for examinations by the legislative auditor, make; (2)
provide returns and reports required by the legislative auditor,;
(3) attend and answer under oath the legislative auditor's lawful inquiries,;
(4) produce and exhibit all books, accounts, documents, data of any
classification, and property that the legislative auditor requests to inspect,;
and (5) in all things cooperate with the legislative auditor.
Sec. 24. Minnesota Statutes 2022, section 3.979, subdivision 2, is amended to read:
Subd. 2. Access
to data by commission members. Members
of the commission have access to not public data that is collected or
used by the legislative auditor and classified as not public or as private
or confidential only as authorized by resolution of the commission. The commission may not authorize its members
to have access to private or confidential data on individuals collected or used
in connection with the collection of any tax.
Sec. 25. Minnesota Statutes 2022, section 3.979, subdivision 3, is amended to read:
Subd. 3. Audit
data. (a) "Audit" as used
in this subdivision means a financial audit, program evaluation, special
review, or investigation, or assessment of an allegation or report
submitted to the legislative auditor.
(b) Notwithstanding any
other law, data relating to an audit are not public or with respect to
data on individuals are confidential or protected nonpublic until
the final report of the audit has been released by the legislative auditor or
the audit is no longer being actively pursued.
Upon release of a final audit report by the legislative auditor, data
relating to an audit are public except data otherwise classified as not public.
(c) Unless the data are
subject to a more restrictive classification by another law, upon the
legislative auditor's decision to no longer actively pursue an audit without
the release of a final audit report, data relating to an audit are private or
nonpublic except for data: (1) relating
to the audit's existence, status, and disposition; and (2) that document the
work of the legislative auditor. For any
such audit, data identifying individuals or nongovernmental entities are
private or nonpublic.
(b) (d) Data
related to an audit but not published in the audit report and that the
legislative auditor reasonably believes will be used in litigation are not
public and with respect to data on individuals are confidential or
protected nonpublic until the litigation has been completed or is no longer
being actively pursued.
(c) (e) Data
that could reasonably be used to determine the identity of an individual or
entity supplying data for an audit are private or nonpublic if the
data supplied by the individual were needed for an audit and the
individual would not have been provided the data to the
legislative auditor without an assurance that the individual's identity of
the individual or entity would remain private or nonpublic, or the
legislative auditor reasonably believes that the subject data
would not have been provided the data.
(d) The definitions of
terms provided in section 13.02 apply for purposes of this subdivision (f)
Data related to an audit that were obtained from a nongovernmental entity have
the classification that the data would have if obtained from the governmental
entity for which the data were created, collected, or maintained by the
nongovernmental entity.
(g) The legislative
auditor may disseminate data of any classification to:
(1) a governmental
entity, other than a law enforcement agency or prosecuting authority, if the
dissemination of the data aids a pending audit; or
(2) a law enforcement
agency or prosecuting authority if there is reason to believe that the data are
evidence of criminal activity within the agency's or authority's jurisdiction.
(h) Notwithstanding the classification
of data as confidential or protected nonpublic, an individual or entity who
supplies information for an audit may authorize the legislative auditor to
release data that would identify the individual or entity for the purpose of
conducting the audit. Data disseminated
pursuant to this paragraph are subject to section 13.03, subdivision 4,
paragraph (c).
Sec. 26. Minnesota Statutes 2022, section 3.979, is amended by adding a subdivision to read:
Subd. 6. Definitions. The definitions of terms provided in
section 13.02 apply for purposes of this section.
Sec. 27. Minnesota Statutes 2022, section 4.045, is amended to read:
4.045 CHILDREN'S CABINET.
The Children's Cabinet
shall consist of the commissioners of education, human services, employment and
economic development, public safety, corrections, management and budget,
health, administration, Housing Finance Agency, and transportation, and the
director of the Office of Strategic and Long-Range Planning. The governor shall designate one member to
serve as cabinet chair. The chair is
responsible for ensuring that the duties of the Children's Cabinet are
performed.
Sec. 28. [8.315]
CONSUMER LITIGATION FUND.
Subdivision 1. Establishment. The consumer litigation account is
established in the special revenue fund in the state treasury.
Subd. 2. Disbursements
from account. The attorney
general may authorize disbursements from the consumer litigation account for
the following purposes related to multistate consumer litigation:
(1) payment of the costs
of litigation, investigation, administration, or settlement of any matter
related to the duties and authorities provided by this chapter, federal law, or
common law as it pertains to consumer litigation;
(2) cost-share payments
subject to agreements entered into with other states, governmental entities,
law enforcement agencies, or federal agencies in furtherance of litigation,
investigation, administration, or settlement of any matter that pertains to
consumer litigation;
(3) retention of expert
witnesses, professional or technical services, consultants, specialists,
mediators, or necessary services related to litigation, investigation,
administration, or settlement of any matter that pertains to consumer
litigation; and
(4) document review,
issue coding, electronic data hosting, or discovery-related costs, including
reasonable costs for services incurred by a state agency if related to
litigation or an investigation pertaining to consumer litigation in which the
state is a party and the attorney general determines it is beneficial to the
state to authorize such payments.
Subd. 3. Reporting. The attorney general shall report
annually by October 15 to the chairs and ranking minority members of the
committees in the senate and the house of representatives with jurisdiction
over state government finance on activities funded through money disbursed from
the consumer litigation account during the prior fiscal year. The report must include an accounting of the
starting balance and ending balance of the consumer litigation account for the
relevant reporting period and a summary description of all disbursements from
the account, along with the purpose of any disbursements.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 29. Minnesota Statutes 2022, section 9.031, subdivision 3, is amended to read:
Subd. 3. Collateral. (a) In lieu of the corporate bond required in subdivision 2, a depository may deposit with the commissioner of management and budget collateral to secure state funds that are to be deposited with it. The Executive Council must approve the collateral.
(b) The Executive Council shall not approve any collateral except:
(1) bonds and
certificates of indebtedness, other than bonds secured by real estate, that are
legal investments for savings banks under any law of the state; and
(2) bonds of any insular
possession of the United States, of any state, or of any agency of this state,
the payment of the principal and interest of which is provided for by other
than direct taxation.
(1) United States
government treasury bills, treasury notes, and treasury bonds;
(2) issues of United
States government agencies and instrumentalities, as quoted by a recognized
industry quotation service available to the state;
(3) general obligation
securities of any state other than the state and its agencies or local
government with taxing powers that is rated "A" or better by a
national bond rating service, or revenue obligation securities of any state
other than the state and its agencies or local government with taxing powers
that is rated "AA" or better by a national bond rating service;
(4) irrevocable standby
letters of credit issued by Federal Home Loan Banks to the state accompanied by
written evidence that the bank's public debt is rated "AA" or better
by Moody's Investors Service, Inc., or Standard & Poor's Corporation; and
(5) time deposits that
are fully insured by any federal agency.
(c) The collateral deposited shall be accompanied by an assignment thereof to the state, which assignment shall recite that:
(1) the depository will pay all the state funds deposited with it to the commissioner of management and budget, free of exchange or other charge, at any place in this state designated by the commissioner of management and budget; if the deposit is a time deposit it shall be paid, together with interest, only when due; and
(2) in case of default by the depository the state may sell the collateral, or as much of it as is necessary to realize the full amount due from the depository, and pay any surplus to the depository or its assigns.
(d) Upon the direction of the Executive Council, the commissioner of management and budget, on behalf of the state, may reassign in writing to the depository any registered collateral pledged to the state by assignment thereon.
(e) A depository may deposit collateral of less value than the total designation and may, at any time during the period of its designation, deposit additional collateral, withdraw excess collateral, and substitute other collateral for all or part of that on deposit. Approval of the Executive Council is not necessary for the withdrawal of excess collateral.
(f) If the depository is not in default the commissioner of management and budget shall pay the interest collected on the deposited collateral to the depository.
(g) In lieu of
depositing collateral with the commissioner of management and budget,
collateral may also be placed in safekeeping in a restricted account at a
Federal Reserve bank, or in an account at a trust department of a commercial
bank or other financial institution that is not owned or controlled by the
financial institution furnishing the collateral. The selection shall be approved by the
commissioner.
Sec. 30. Minnesota Statutes 2022, section 10.44, is amended to read:
10.44 HOUSE, SENATE, COURT, ELECTED OFFICE BUDGETS; HOW TREATED.
Except as provided in section 3.1985, the budgets of the house of representatives, senate, constitutional officers, district courts, court of appeals, and supreme court must be submitted to and considered by the appropriate committees of the legislature in the same manner as the budgets of executive agencies.
EFFECTIVE DATE. This
section is effective July 1, 2025, and applies to budgets proposed for fiscal
years 2026 and thereafter.
Sec. 31. Minnesota Statutes 2022, section 10.45, is amended to read:
10.45 BUDGETS; INFORMATION.
The budgets of the house
of representatives, the senate, Legislative Coordinating Commission and
each constitutional officer, the district courts, court of appeals, and supreme
court shall be public information and shall be divided into expense categories. The budgets of the house of
representatives and the senate shall be public information and shall be
separated by appropriation categories identified in section 3.1985 and direct
appropriation expense categories.
The categories shall include, among others, payroll, travel,
and telephone expenses.
EFFECTIVE DATE. This
section is effective July 1, 2025, and applies to budgets adopted for fiscal
years 2026 and thereafter.
Sec. 32. Minnesota Statutes 2022, section 10.5805, is amended to read:
10.5805 HMONG SPECIAL GUERRILLA UNITS REMEMBRANCE DAY.
(a) May 14 of each year is designated as Hmong Special Guerrilla Units Remembrance Day in honor of Southeast Asians, Americans, and their allies who served, suffered, sacrificed, or died in the Secret War in Laos during the Vietnam War in the years 1961 to 1975 in support of the armed forces of the United States, and in recognition of the significance of May 14, 1975, the last day that the overall American-trained Hmong command structure over the Special Guerrilla Units in Laos was operational. At least 35,000 Hmong Special Guerrilla soldiers lost their lives protecting trapped, lost, or captured American soldiers and pilots in Laos and Vietnam. One-half of the Hmong population in Laos perished as a result of the American Secret War in Laos. Ethnic Hmong men, women, and children in Laos faced persecution and forced reeducation in seminar camps after their American support ended. Despite the tremendous cost and sacrifices in the war, the Hmong remain proud to stand by the values of freedom and justice that America symbolizes. Those who survived escaped to western countries to start a new life. Each year, the governor shall issue a proclamation honoring the observance.
(b) Schools are
encouraged to offer instruction about Hmong history or read the passage under
paragraph (a) to students in honor of this
day on May 14 or, if May 14 falls on a Saturday or Sunday, on the Friday
preceding May 14.
(c) Businesses may close
in honor of this day and an employee may request the day off in observance.
(d) The governor shall
order the United States and the Minnesota flags flown on the grounds of the
Capitol Area to be flown at half-staff on May 14. Local governments, private businesses, and
public and private schools are encouraged to fly United States and Minnesota
flags at half-staff on May 14.
Sec. 33. Minnesota Statutes 2022, section 13.04, subdivision 4, is amended to read:
Subd. 4. Procedure when data is not accurate or complete. (a) An individual subject of the data may contest the accuracy or completeness of public or private data about themselves.
(b) To exercise this right, an individual shall notify in writing the responsible authority of the government entity that maintains the data, describing the nature of the disagreement.
(c) Upon receiving notification from the data subject, the responsible authority shall within 30 days either:
(1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or
(2) notify the individual
that the responsible authority believes has determined the
data to be correct. If the challenged
data are determined to be accurate or complete, the responsible authority shall
inform the individual of the right to appeal the determination to the
commissioner as specified under paragraph (d). Data in dispute shall be disclosed only if
the individual's statement of disagreement is included with the disclosed data.
(d) A data subject may
appeal the determination of the responsible authority may be appealed
pursuant to the provisions of the Administrative Procedure Act relating to
contested cases. An individual must
submit an appeal to the commissioner within 60 days of the responsible
authority's notice of the right to appeal or as otherwise provided by the rules
of the commissioner. Upon receipt of
an appeal by an individual, the commissioner shall, before issuing the order
and notice of a contested case hearing required by chapter 14, try to resolve
the dispute through education, conference, conciliation, or persuasion. If the parties consent, the commissioner may
refer the matter to mediation. Following
these efforts, the commissioner shall dismiss the appeal or issue the order and
notice of hearing.
(e) The commissioner may
dismiss an appeal without first attempting to resolve the dispute or before
issuing an order and notice of a contested case hearing if:
(1) the appeal to the
commissioner is not timely;
(2) the appeal concerns
data previously presented as evidence in a court proceeding in which the data
subject was a party; or
(3) the individual
making the appeal is not the subject of the data challenged as inaccurate or
incomplete.
(b) (f) Data on
individuals that have been successfully challenged by an individual must be
completed, corrected, or destroyed by a government entity without regard to the
requirements of section 138.17.
(g) After completing, correcting, or destroying successfully challenged data, a government entity may retain a copy of the commissioner of administration's order issued under chapter 14 or, if no order were issued, a summary of the dispute between the parties that does not contain any particulars of the successfully challenged data.
Sec. 34. [15.0147]
COUNCIL ON LGBTQIA2S+ MINNESOTANS.
Subdivision 1. Council
established; membership. (a)
The Council on LGBTQIA2S+ Minnesotans is established. The council consists of 16 voting members.
(b) The governor shall
appoint a total of 12 public voting members.
The governor may additionally appoint a commissioner of a state agency
or a designee of the commissioner to serve as an ex-officio, nonvoting member
of the council.
(c)
Four legislators shall be appointed to the council. The speaker of the house and the minority
leader of the house of representatives shall each appoint one member of the
house of representatives to the council.
The senate Subcommittee on Committees of the Committee on Rules and
Administration shall appoint one member of the senate majority caucus and one
member of the senate minority caucus.
Subd. 2. Appointments;
terms; removal. (a) In making
appointments to the council, the governor shall consider an appointee's proven
dedication and commitment to Minnesota's LGBTQIA2S+ community and any expertise
possessed by the appointee that might be beneficial to the council, such as
experience in public policy, legal affairs, social work, business, or
management. The executive director and
legislative members may offer advice to the governor on applicants seeking
appointment.
(b) Terms, compensation,
and filling of vacancies for members appointed by the governor are as provided
in section 15.059. Removal of members
appointed by the governor is governed by section 15.059, except that: (1) a member who misses more than half of the
council meetings convened during a 12-month period is automatically removed
from the council; and (2) a member appointed by the governor may be removed by
a vote of three of the four legislative members of the council. The chair of the council shall inform the
governor of the need for the governor to fill a vacancy on the council. Legislative members serve at the pleasure of
their appointing authority.
(c) A member appointed
by the governor may serve no more than a total of eight years on the council. A legislator may serve no more than eight
consecutive years or 12 nonconsecutive years on the council.
Subd. 3. Training;
executive committee; meetings; support.
(a) A member appointed by the governor must attend orientation
training within the first six months of service for the member's initial term. The commissioner of administration must
arrange for the training to include but not be limited to the legislative
process, government data practices, ethics, conflicts of interest, Open Meeting
Law, Robert's Rules of Order, fiscal management, and human resources. The governor must remove a member who does
not complete the training.
(b) The council shall
annually elect from among the members appointed by the governor a chair and
other officers the council deems necessary.
These officers and one legislative member selected by the council shall
serve as the executive committee of the council.
(c) Forty percent of
voting members of the council constitutes a quorum. A quorum is required to conduct council
business. A council member may not vote
on any action if the member has a conflict of interest under section 10A.07.
(d) The council shall
receive administrative support from the commissioner of administration under
section 16B.371. The council may
contract in its own name but may not accept or receive a loan or incur
indebtedness except as otherwise provided by law. Contracts must be approved by a majority of
the members of the council and executed by the chair and the executive director. The council may apply for, receive, and
expend in its own name grants and gifts of money consistent with the powers and
duties specified in this section.
(e) The attorney general
shall provide legal services to the council on behalf of the state on all
matters relating to the council, including matters relating to the state as the
employer of the executive director of the council and other council staff.
Subd. 4. Executive
director; staff. (a) The
Legislative Coordinating Commission must appoint an executive director for the
council. The executive director must be
experienced in administrative activities and familiar with the challenges and
needs of Minnesota's LGBTQIA2S+ community of people who identify as lesbian,
gay, bisexual, transgender, gender expansive, queer, intersex, asexual, or
two-spirit. The executive director
serves in the unclassified service at the pleasure of the Legislative
Coordinating Commission.
(b) The Legislative
Coordinating Commission must establish a process for recruiting and selecting
applicants for the executive director position.
This process must include consultation and collaboration with the
council.
(c) The executive
director and council members must work together in fulfilling council duties. The executive director must consult with the
commissioner of administration to ensure appropriate financial, purchasing,
human resources, and other services for operation of the council.
(d) Once appointed, the
council is responsible for supervising the work of the executive director. The council chair must report to the chair of
the Legislative Coordinating Commission regarding the performance of the
executive director, including recommendations regarding any disciplinary
actions. The executive director must
appoint and supervise the work of other staff necessary to carry out the duties
of the council. The executive director
must consult with the council chair prior to taking the following disciplinary
actions with council staff: written
reprimand, suspension, demotion, or discharge.
The executive director and other council staff are executive branch
employees.
(e) The executive
director must submit the council's biennial budget request to the commissioner
of management and budget as provided under chapter 16A.
Subd. 5. Duties
of council. (a) The council
must work for the implementation of economic, social, legal, and political
equality for Minnesota's community of people who identify as lesbian, gay,
bisexual, transgender, gender expansive, queer, intersex, asexual, or two-spirit. The council shall work with the legislature
and governor to carry out this work by performing the duties in this section.
(b) The council shall
advise the governor and the legislature on issues confronting the LGBTQIA2S+
community. This may include but is not
limited to presenting the results of surveys, studies, and community forums to
the appropriate executive departments and legislative committees.
(c) The council shall
advise the governor and the legislature of administrative and legislative changes
needed to improve the economic and social condition of Minnesota's LGBTQIA2S+
community. This may include but is not
limited to working with legislators to develop legislation to address issues
and to work for passage of legislation. This
may also include making recommendations regarding the state's affirmative
action program and the state's targeted group small business program or working
with state agencies and organizations to develop business opportunities and
promote economic development for the LGBTQIA2S+ community.
(d) The council shall
advise the governor and the legislature of the implications and effect of
proposed administrative and legislative changes on the constituency of the
council. This may include but is not
limited to tracking legislation, testifying as appropriate, and meeting with
executive departments and legislators.
(e) The council shall
serve as a liaison between state government and organizations that serve
Minnesota's LGBTQIA2S+ community. This
may include but is not limited to working with these organizations to carry out
the duties in paragraphs (a) to (d) and working with these organizations to
develop informational programs or publications to involve and empower the
community in seeking improvement in their economic and social conditions.
(f) The council shall
perform or contract for the performance of studies designed to suggest
solutions to the problems of Minnesota's LGBTQIA2S+ community in the areas of
education, employment, human rights, health, housing, social welfare, and other
related areas.
(g) In carrying out
duties under this subdivision, the council may act to advise on issues that
affect the shared constituencies with the councils established in section
15.0145.
Subd. 6. Duties
of council members. A council
member shall:
(1) attend and
participate in scheduled meetings and be prepared by reviewing meeting notes;
(2) maintain and build
communication with Minnesota's LGBTQIA2S+ community;
(3) collaborate with the
council and executive director in carrying out the council's duties; and
(4) participate in
activities the council or executive director deem appropriate and necessary to
facilitate the goals and duties of the council.
Subd. 7. Reports. The council must report on the
measurable outcomes achieved in the council's current strategic plan to meet
its statutory duties, along with the specific objectives and outcome measures
proposed for the following year. The
council must submit the report by January 15 each year to the chairs and
ranking minority members of the legislative committees with primary
jurisdiction over state government operations.
Each report must cover the calendar year of the year before the report
is submitted. The specific objectives
and outcome measures for the following current year must focus on three or four
achievable objectives, action steps, and measurable outcomes for which the
council will be held accountable. The
strategic plan may include other items that support the statutory purposes of
the council but should not distract from the primary statutory proposals
presented. The biennial budget of the
council must be submitted to the Legislative Coordinating Commission by
February 1 in each odd-numbered year.
Sec. 35. Minnesota Statutes 2022, section 15.0395, is amended to read:
15.0395 INTERAGENCY AGREEMENTS AND INTRA-AGENCY TRANSFERS.
(a) By October 15, 2018, and annually thereafter, the head of each agency must provide reports to the chairs and ranking minority members of the legislative committees with jurisdiction over the department or agency's budget on:
(1) each interagency
agreements agreement or service-level agreements and agreement,
including any renewals renewal or extensions extension
of an existing interagency or service-level agreements agreement
with another agency if the cumulative value of those agreements between two
agencies is more than $100,000 in the previous fiscal year; and
(2) transfers of appropriations between accounts within or between agencies, if the cumulative value of the transfers is more than $100,000 in the previous fiscal year.
The report must include the statutory citation
authorizing the agreement, transfer or dollar amount, purpose, and the
effective date of the agreement, and the duration of the agreement,
and a copy of the agreement. Interagency
agreements and service-level agreements that authorize enterprise central
services and transfers specifically required by statute or session law are not
required to be reported under this section.
(b) As used in this section, "agency" includes the departments of the state listed in section 15.01, a multimember state agency in the executive branch described in section 15.012, paragraph (a), the Department of Information Technology Services, and the Office of Higher Education.
Sec. 36. Minnesota Statutes 2022, section 15.066, is amended by adding a subdivision to read:
Subd. 3. Advice
and consent time limit. (a)
For appointments that require confirmation by only the senate, if the senate
does not reject an appointment within 60 legislative days of the day of receipt
of the letter of appointment by the president of the senate, the senate has
consented to the appointment.
(b) For appointments that
require confirmation by both the senate and the house of representatives, if
neither the senate nor the house of representatives has rejected an appointment
within 60 legislative days of the later of the day of receipt of the letter of
appointment by the president of the senate or the day of receipt of the letter
of appointment by the speaker of the house of representatives, the house of
representatives and senate have consented to the appointment.
(c) This section does
not apply to appointments to the Campaign Finance and Public Disclosure Board
under section 10A.02.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 37. Minnesota Statutes 2022, section 15A.0815, subdivision 1, is amended to read:
Subdivision 1. Salary
limits. The governor or other
appropriate appointing authority shall set the salary rates for positions
listed in this section within the salary limits listed in subdivisions 2 to
4. The governor's or other appointing
authority's action is subject to approval of the Legislative Coordinating
Commission and the legislature as provided by subdivision 5 and section 3.855
based upon the salaries prescribed by the Compensation Council established
under section 15A.082.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to salary
rates adopted by the council for fiscal year 2024 and thereafter.
Sec. 38. Minnesota Statutes 2022, section 15A.0815, subdivision 2, is amended to read:
Subd. 2. Group
I salary limits Agency head salaries. The salary for a position listed in this
subdivision shall not exceed 133 percent of the salary of the governor. This limit must be adjusted annually on
January 1. The new limit must equal the
limit for the prior year increased by the percentage increase, if any, in the Consumer
Price Index for all urban consumers from October of the second prior year to
October of the immediately prior year be determined by the Compensation
Council under section 15A.082. The
commissioner of management and budget must publish the limit salaries
on the department's website. This
subdivision applies to the following positions:
Commissioner of administration;
Commissioner of agriculture;
Commissioner of education;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of health;
Commissioner, Minnesota Office of Higher Education;
Commissioner, Minnesota IT
Services;
Commissioner, Housing Finance Agency;
Commissioner of human rights;
Commissioner of human services;
Commissioner of labor and industry;
Commissioner of management and budget;
Commissioner of natural resources;
Commissioner, Pollution Control Agency;
Commissioner of public safety;
Commissioner of revenue;
Commissioner of employment and economic development;
Commissioner of
transportation; and
Commissioner of veterans
affairs.;
Executive director of the
Gambling Control Board;
Executive director of
the Minnesota State Lottery;
Commissioner of Iron Range
resources and rehabilitation;
Commissioner, Bureau of
Mediation Services;
Ombudsman for mental
health and developmental disabilities;
Ombudsperson for
corrections;
Chair, Metropolitan
Council;
Chair, Metropolitan
Airports Commission;
School trust lands
director;
Executive director of pari-mutuel
racing; and
Commissioner, Public
Utilities Commission.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to salary
rates adopted by the council for fiscal year 2024 and thereafter.
Sec. 39. Minnesota Statutes 2022, section 15A.082, subdivision 1, is amended to read:
Subdivision 1. Creation. A Compensation Council is created each
odd-numbered year to assist the legislature in establishing establish
the compensation of constitutional officers and the heads of state and
metropolitan agencies identified in section 15A.0815, and to assist the
legislature in establishing the compensation of justices of the supreme
court, and judges of the court of appeals and district court,
and the heads. of state
and metropolitan agencies included in section 15A.0815.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to salary
rates adopted by the council for fiscal year 2024 and thereafter.
Sec. 40. Minnesota Statutes 2022, section 15A.082, subdivision 2, is amended to read:
Subd. 2. Membership. (a) The Compensation Council
consists of 16 the following members: eight nonjudges appointed by the chief
justice of the supreme court, of whom no more than four may belong to the same
political party; and one member from each congressional district appointed by
the governor, of whom no more than four may belong to the same political party. The speaker and minority leader of the house
of representatives must each appoint two members. The majority leader and minority leader of
the senate must each appoint two members.
Appointments must be made after the first Monday in January and before
January 15. The compensation and removal
of members appointed by the governor or the chief justice shall be as
provided in section 15.059, subdivisions 3 and 4. Members continue to serve until new
members are appointed. Members appointed
by the governor may not vote on the salary of the governor. The Legislative Coordinating Commission shall
provide the council with administrative and support services. The commissioner of management and budget
must provide analytical and policy support to the council related to the
compensation of agency heads. The
provision of analytical and policy support under this subdivision shall not be
considered ex parte communication under subdivision 7.
(b) Members appointed
under paragraph (a) may not be a:
(1) current or former
judge;
(2) current lobbyist
registered under Minnesota law;
(3) current employee in
the judicial, legislative, or executive branch of state government;
(4) current or former
governor, lieutenant governor, attorney general, secretary of state, or state
auditor; or
(5) current or former
legislator, or the spouse of a current legislator.
Sec. 41. Minnesota Statutes 2022, section 15A.082, subdivision 3, is amended to read:
Subd. 3. Submission
of recommendations and determination.
(a) By April 1 in each odd-numbered year, the Compensation Council
shall submit to the speaker of the house and the president of the senate salary
recommendations for constitutional officers, justices of the supreme
court, and judges of the court of appeals and district court. The recommended salary for each other
office must take effect on the first Monday in January of the next odd-numbered
year, with no more than one adjustment, to take effect on January 1 of the year
after that The recommended salaries take effect on July 1 of that year
and July 1 of the subsequent even-numbered year and at whatever interval the
council recommends thereafter, unless the legislature by law provides otherwise. The salary recommendations for judges and
constitutional officers take effect if an appropriation of money to pay the
recommended salaries is enacted after the recommendations are submitted and
before their effective date. Recommendations
may be expressly modified or rejected.
(b) The council shall also
submit to the speaker of the house and the president of the senate
recommendations for the salary ranges of the heads of state and metropolitan
agencies, to be effective retroactively from January 1 of that year if enacted
into law. The recommendations shall
include the appropriate group in section 15A.0815 to which each agency head
should be assigned and the appropriate limitation on the maximum range of the
salaries of the agency heads in each group, expressed as a percentage of the
salary of the governor. By April
1 in each odd‑numbered year, the Compensation Council must prescribe
salaries for constitutional officers, and for the agency and metropolitan
agency heads identified in section 15A.0815.
The prescribed salary for each office must take effect July 1 of that
year and July 1 of the subsequent even-numbered year and at whatever interval
the council determines thereafter, unless the legislature by law provides
otherwise. An appropriation by the
legislature to fund the relevant office, branch, or agency of an amount
sufficient to pay the salaries prescribed by the council constitutes a
prescription by law as provided in the Minnesota Constitution, article V,
sections 4 and 5.
Sec. 42. Minnesota Statutes 2022, section 15A.082, subdivision 4, is amended to read:
Subd. 4. Criteria. In making compensation recommendations and determinations, the council shall consider the amount of compensation paid in government service and the private sector to persons with similar qualifications, the amount of compensation needed to attract and retain experienced and competent persons, and the ability of the state to pay the recommended compensation.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to salary
rates adopted by the council for fiscal year 2024 and thereafter.
Sec. 43. Minnesota Statutes 2022, section 15A.082, is amended by adding a subdivision to read:
Subd. 7. No
ex parte communications. Members
may not have any communication with a constitutional officer, a head of a state
agency, or member of the judiciary during the period after the first meeting is
convened under this section and the date the prescribed and recommended
salaries are submitted under subdivision 3.
Sec. 44. Minnesota Statutes 2022, section 15A.0825, subdivision 1, is amended to read:
Subdivision 1. Membership. (a) The Legislative Salary Council consists of the following members:
(1) one person, who is not a judge, from each congressional district, appointed by the chief justice of the supreme court; and
(2) one person from each congressional district, appointed by the governor.
(b) If Minnesota has an odd number of congressional districts, the governor and the chief justice must each appoint an at-large member, in addition to a member from each congressional district.
(c) One-half of the members appointed by the governor and one-half of the members appointed by the chief justice must belong to the political party that has the most members in the legislature. One-half of the members appointed by the governor and one-half of the members appointed by the chief justice must belong to the political party that has the second most members in the legislature.
(d) None of the members of the council may be:
(1) a current or former legislator, or the spouse of a current legislator;
(2) a current or former lobbyist registered under Minnesota law;
(3) a current employee of the legislature;
(4) a current or former
judge; or
(5) a current or former
governor, lieutenant governor, attorney general, secretary of state, or state
auditor.; or
(6) a current employee
of an entity in the executive or judicial branch.
Sec. 45. Minnesota Statutes 2022, section 15A.0825, subdivision 2, is amended to read:
Subd. 2. Initial
appointment Appointments; convening authority; first meeting in
odd-numbered year. Appointing
authorities must make their initial appointments by January 2, 2017
after the first Monday in January and before January 15 in each odd-numbered
year. Appointing authorities who
determine that a vacancy exists under subdivision 3, paragraph (b), must make
an appointment to fill that vacancy by January 15 in each odd‑numbered
year. The governor shall designate
one member to convene and chair the first meeting of the council, that must
occur by February 15 of each odd-numbered year. The first meeting must be before January
15, 2017. At its first meeting, the
council must elect a chair from among its members. Members that reside in an even-numbered
congressional district serve a first term ending January 15, 2019. Members residing in an odd-numbered
congressional district serve a first term ending January 15, 2021.
Sec. 46. Minnesota Statutes 2022, section 15A.0825, subdivision 3, is amended to read:
Subd. 3. Terms. (a) Except for initial terms and
for the first term following redistricting, a term is four years or until new
appointments are made after congressional redistricting as provided in
subdivision 4. Members may serve no more
than two full terms or portions of two consecutive terms.
(b) If a member ceases to reside in the congressional district that the member resided in at the time of appointment as a result of moving or redistricting, the appointing authority who appointed the member must appoint a replacement who resides in the congressional district to serve the unexpired term.
Sec. 47. Minnesota Statutes 2022, section 15A.0825, subdivision 4, is amended to read:
Subd. 4. Appointments
following redistricting. Appointing
authorities shall make appointments within three months after a
congressional redistricting plan is adopted.
Appointing authorities shall make appointments in accordance with the
timing requirements in subdivision 2.
Members that reside in an even-numbered district shall be appointed to a
term of two years following redistricting.
Members that reside in an odd-numbered district shall be appointed to a
term of four years following redistricting.
Sec. 48. Minnesota Statutes 2022, section 15A.0825, subdivision 9, is amended to read:
Subd. 9. Staffing. The Legislative Coordinating Commission
shall provide administrative and support services for the council. The provision of administrative and
support services under this subdivision shall not be considered ex parte
communication under subdivision 10.
Sec. 49. Minnesota Statutes 2022, section 16A.011, is amended by adding a subdivision to read:
Subd. 15a. Transfer. A "transfer" means the
authorization to move state money from one fund, account, or agency to another
fund, account, or agency within the state treasury. When authorized by law, a transfer must
reduce money in one fund, account, or agency and increase the same amount to a
separate fund, account, or agency.
Sec. 50. Minnesota Statutes 2022, section 16A.055, is amended by adding a subdivision to read:
Subd. 7. Grant
acceptance. The commissioner
may apply for and receive grants from any source for the purpose of fulfilling
any of the duties of the department. All
funds received under this subdivision are appropriated to the commissioner for
the purposes for which the funds are received.
Sec. 51. [16A.091]
ACCOUNTABILITY AND PERFORMANCE MANAGEMENT.
(a) The commissioner of management and budget is responsible for the coordination, development, assessment, and communication of information, performance measures, planning, and policy concerning the state's future.
(b) The commissioner must develop a statewide system of economic, social, and environmental performance measures. The commissioner must provide information to assist public and elected officials with understanding the status of these performance measures.
(c) The commissioner may
appoint one deputy with principal responsibility for planning, strategy, and
performance management.
Sec. 52. Minnesota Statutes 2022, section 16A.103, subdivision 1, is amended to read:
Subdivision 1. State
revenue and expenditures. In
February and November each year, the commissioner shall prepare a forecast of
state revenue and expenditures. The
November forecast must be delivered to the legislature and governor no later
than the end of the first week of December 6. The February forecast must be delivered to
the legislature and governor by the end of February. Forecasts must be delivered to the
legislature and governor on the same day.
If requested by the Legislative Commission on Planning and Fiscal
Policy, delivery to the legislature must include a presentation to the
commission.
Sec. 53. Minnesota Statutes 2022, section 16A.103, subdivision 1b, as amended by Laws 2023, chapter 10, section 2, is amended to read:
Subd. 1b. Forecast
variable. In determining the rate of
inflation, the application of inflation, the amount of state bonding as it
affects debt service, the calculation of investment income, and the other variables
to be included in the expenditure part of the forecast, the commissioner must
consult with the chairs and lead minority members of the senate State
Government Finance Committee and the house of representatives Ways and
Means Committee, and legislative fiscal staff.
This consultation must occur at least three weeks before the forecast is
to be released. No later than two weeks
prior to the release of the forecast, the commissioner must inform the chairs
and lead minority members of the senate State Government Finance
Committee and the house of representatives Ways and Means Committee, and
legislative fiscal staff of any changes in these variables from the previous
forecast.
Sec. 54. Minnesota Statutes 2022, section 16A.103, is amended by adding a subdivision to read:
Subd. 1i. Budget
close report. By October 15
of each odd-numbered year, the commissioner shall prepare a detailed fund
balance analysis of the general fund for the previous biennium. The analysis shall include a comparison to
the most recent publicly available fund balance analysis of the general fund. The commissioner shall provide this analysis
to the chairs and ranking minority members of the house of representatives Ways
and Means Committee and the senate Finance Committee, and shall post the
analysis on the agency's website.
Sec. 55. Minnesota Statutes 2022, section 16A.126, subdivision 1, is amended to read:
Subdivision 1. Set
rates. The commissioner shall
approve the rates an agency must pay to a revolving fund for services. Funds subject to this subdivision include,
but are not limited to, the revolving funds established in sections 14.46;
14.53; 16B.2975, subdivision 4; 16B.48; 16B.54; 16B.58; 16B.85; 16E.14; 43A.55;
and 176.591; and the fund established in section 43A.30; and the
account established in section 16A.1286.
EFFECTIVE DATE. This
section is effective July 1, 2024.
Sec. 56. Minnesota Statutes 2022, section 16A.1286, subdivision 2, is amended to read:
Subd. 2. Billing
procedures. The commissioner may
bill up to $10,000,000 in each fiscal year for statewide systems
services provided to state agencies, judicial branch agencies, the
University of Minnesota in the executive, legislative, and judicial
branches, the Minnesota State Colleges and Universities, and other entities. Each entity shall be billed based on that
entity's usage of the statewide systems.
Each agency shall transfer from agency operating appropriations to the
statewide systems account the amount billed by the commissioner. Billing policies and procedures related to
statewide systems services must be developed by the commissioner in
consultation with the commissioners of management and budget and
administration, the University of Minnesota, and the Minnesota State Colleges
and Universities. The
commissioner shall develop billing policies and procedures.
EFFECTIVE DATE. This
section is effective July 1, 2025.
Sec. 57. Minnesota Statutes 2022, section 16A.15, subdivision 3, is amended to read:
Subd. 3. Allotment and encumbrance. (a) A payment may not be made without prior obligation. An obligation may not be incurred against any fund, allotment, or appropriation unless the commissioner has certified a sufficient unencumbered balance or the accounting system shows sufficient allotment or encumbrance balance in the fund, allotment, or appropriation to meet it. The commissioner shall determine when the accounting system may be used to incur obligations without the commissioner's certification of a sufficient unencumbered balance. An expenditure or obligation authorized or incurred in violation of this chapter is invalid and ineligible for payment until made valid. A payment made in violation of this chapter is illegal. An employee authorizing or making the payment, or taking part in it, and a person receiving any part of the payment, are jointly and severally liable to the state for the amount paid or received. If an employee knowingly incurs an obligation or authorizes or makes an expenditure in violation of this chapter or takes part in the violation, the violation is just cause for the employee's removal by the appointing authority or by the governor if an appointing authority other than the governor fails to do so. In the latter case, the governor shall give notice of the violation and an opportunity to be heard on it to the employee and to the appointing authority. A claim presented against an appropriation without prior allotment or encumbrance may be made valid on investigation, review, and approval by the agency head in accordance with the commissioner's policy, if the services, materials, or supplies to be paid for were actually furnished in good faith without collusion and without intent to defraud. The commissioner may then pay the claim just as properly allotted and encumbered claims are paid.
(b) The commissioner may approve payment for materials and supplies in excess of the obligation amount when increases are authorized by section 16C.03, subdivision 3.
(c) To minimize potential construction delay claims, an agency with a project funded by a building appropriation may allow a consultant or contractor to proceed with supplemental work within the limits of the appropriation before money is encumbered. Under this circumstance, the agency may requisition funds and allow consultants or contractors to expeditiously proceed with services or a construction sequence. While the consultant or contractor is proceeding, the agency shall immediately act to encumber the required funds.
Sec. 58. Minnesota Statutes 2022, section 16A.152, subdivision 2, is amended to read:
Subd. 2. Additional revenues; priority. (a) If on the basis of a forecast of general fund revenues and expenditures, the commissioner of management and budget determines that there will be a positive unrestricted budgetary general fund balance at the close of the biennium, the commissioner of management and budget must allocate money to the following accounts and purposes in priority order:
(1) the cash flow account established in subdivision 1 until that account reaches $350,000,000;
(2) the budget reserve account
established in subdivision 1a until that account reaches $2,377,399,000 $2,852,098,000;
(3) the amount necessary to
increase the aid payment schedule for school district aids and credits payments
in section 127A.45 to not more than 90 percent rounded to the nearest tenth of
a percent without exceeding the amount available and with any remaining funds
deposited in the budget reserve; and
(4) the amount necessary to
restore all or a portion of the net aid reductions under section 127A.441 and
to reduce the property tax revenue recognition shift under section 123B.75,
subdivision 5, by the same amount;
(5) the amount necessary
to increase the Minnesota 21st century fund by not more than the difference
between $5,000,000 and the sum of the amounts credited and canceled to it in
the previous 12 months under Laws 2020, chapter 71, article 1, section 11,
until the sum of all transfers under this section and all amounts credited or
canceled under Laws 2020, chapter 71, article 1, section 11, equals
$20,000,000; and
(6) for a forecast in
November only, the amount remaining after the transfer under clause (5) must be
used to reduce the percentage of accelerated June liability sales tax payments
required under section 289A.20, subdivision 4, paragraph (b), until the
percentage equals zero, rounded to the nearest tenth of a percent. By March 15 following the November forecast,
the commissioner must provide the commissioner of revenue with the percentage
of accelerated June liability owed based on the reduction required by this
clause. By April 15 each year, the
commissioner of revenue must certify the percentage of June liability owed by
vendors based on the reduction required by this clause.
(b) The amounts necessary to meet the requirements of this section are appropriated from the general fund within two weeks after the forecast is released or, in the case of transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations schedules otherwise established in statute.
(c) The commissioner of management and budget shall certify the total dollar amount of the reductions under paragraph (a), clauses (3) and (4), to the commissioner of education. The commissioner of education shall increase the aid payment percentage and reduce the property tax shift percentage by these amounts and apply those reductions to the current fiscal year and thereafter.
Sec. 59. Minnesota Statutes 2022, section 16A.152, subdivision 4, is amended to read:
Subd. 4. Reduction. (a) If the commissioner determines that probable receipts for the general fund will be less than anticipated, and that the amount available for the remainder of the biennium will be less than needed, the commissioner shall, with the approval of the governor, and after consulting the Legislative Advisory Commission, reduce the amount in the budget reserve account as needed to balance expenditures with revenue.
(b) An additional deficit shall, with the approval of the governor, and after consulting the Legislative Advisory Commission, be made up by reducing unexpended allotments of any prior appropriation or transfer. Notwithstanding any other law to the contrary, the commissioner is empowered to defer or suspend prior statutorily created obligations which would prevent effecting such reductions.
(c) If the commissioner determines that probable receipts for any other fund, appropriation, or item will be less than anticipated, and that the amount available for the remainder of the term of the appropriation or for any allotment period will be less than needed, the commissioner shall notify the agency concerned and then reduce the amount allotted or to be allotted so as to prevent a deficit.
(d) In reducing allotments, the commissioner may consider other sources of revenue available to recipients of state appropriations and may apply allotment reductions based on all sources of revenue available.
(e) In like manner, the commissioner shall reduce allotments to an agency by the amount of any saving that can be made over previous spending plans through a reduction in prices or other cause.
(f) The commissioner is
prohibited from reducing an allotment or appropriation made to the legislature.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 60. [16A.2845]
APPROPRIATIONS TO OFFICE OF THE GOVERNOR.
Except as provided in
this section, section 16A.28 applies to appropriations made to the Office of
the Governor. An unexpended balance not
carried forward and remaining unexpended and unencumbered at the end of a
biennium lapses and shall be returned to the fund from which it was
appropriated. Balances may be carried
forward into the next biennium and credited to special accounts to be used only
as follows: (1) for nonrecurring
expenditures on investments that enhance efficiency or improve effectiveness;
(2) to pay expenses associated with the work of the office, including public
outreach efforts and related activities; and (3) to pay severance costs of
involuntary terminations. The approval
of the commissioner of management and budget under section 16A.28, subdivision
2, does not apply to the Office of the Governor. An appropriation made to the Office of the
Governor may be spent in either year of the biennium.
EFFECTIVE DATE. This
section is effective July 1, 2023, and applies to appropriations made to the
Office of the Governor for fiscal year 2024 and thereafter.
Sec. 61. Minnesota Statutes 2022, section 16A.632, subdivision 2, is amended to read:
Subd. 2. Standards. (a) Article XI, section 5, clause (a), of
the constitution states general obligation bonds may be issued to finance only
the acquisition or betterment of state land, buildings, and improvements of a
capital nature. In interpreting this and
applying it to the purposes of the program contemplated in this section, the
following standards are adopted for the disbursement of money from the capital
asset preservation and replacement account:
.
(b) No An
appropriation under this section may not be used to acquire new land,
or buildings, or major new improvements will be acquired. These projects, including all capital
expenditures required to permit their effective use for the intended purpose on
completion, will be estimated and provided for individually through a direct
appropriation for each project or to construct new buildings or
additions.
(c) An expenditure will be made from the account only when it is a capital expenditure on a capital asset previously owned by the state, within the meaning of accepted accounting principles as applied to public expenditures. The commissioner of administration will consult with the commissioner of management and budget to the extent necessary to ensure this and will furnish the commissioner of management and budget a list of projects to be financed from the account in order of their priority. The commissioner shall also furnish each revision of the list. The legislature assumes that many provisions for preservation and replacement of portions of existing capital assets will constitute betterments and capital improvements within the meaning of the constitution and capital expenditures under correct accounting principles, and will be financed more efficiently and economically under the program than by direct appropriations for specific projects. However, the purpose of the program is to accumulate data showing how additional costs may be saved by appropriating money from the general fund for preservation measures, the necessity of which is predictable over short periods.
(d) The commissioner of
administration will furnish instructions to agencies to apply for funding of
capital expenditures for preservation and replacement from the account, will
review applications, will make initial allocations among types of eligible
projects enumerated below, will determine priorities, and will allocate money
in priority order until the available appropriation has been committed. An appropriation under this section may not
be used to make minor emergency repairs.
(e) Categories of projects considered likely to be most needed and appropriate for financing are the following:
(1) unanticipated
emergencies of all kinds, for which a relatively small amount should be
initially reserved, replaced from money allocated to low-priority projects, if
possible, as emergencies occur, and used for stabilization rather than
replacement if the cost would exhaust the account and should be specially
appropriated involving impacts to state-owned property;
(2) major projects
to remove address life safety hazards, like for
existing buildings and sites, including but not limited to security, replacement
of mechanical and other building systems, building code violations, or
structural defects, at costs not large enough to require major capital
requests to the legislature;
(3) elimination removal
or containment of hazardous substances like asbestos or PCBs;
(4) moderate cost
replacement major projects to replace and repair of roofs,
windows, tuckpointing, and structural members necessary to preserve the
exterior and interior of existing buildings; and
(5) up to ten percent of an appropriation awarded under this section may be used for design costs for projects eligible to be funded from this account in anticipation of future funding from the account.
Sec. 62. Minnesota Statutes 2022, section 16A.97, is amended to read:
16A.97 TOBACCO BONDS.
The commissioner may sell
and issue debt under either or both of sections 16A.98 and section
16A.99, but the net proceeds of bonds issued and sold under those sections
together that section must not exceed $640,000,000 during fiscal
years 2012 and 2013.
Sec. 63. Minnesota Statutes 2022, section 16B.307, subdivision 1, is amended to read:
Subdivision 1. Standards. (a) Article XI, section 5, clause (a), of the constitution requires that state general obligation bonds be issued to finance only the acquisition or betterment of public land, buildings, and other public improvements of a capital nature. Money appropriated for asset preservation, whether from state bond proceeds or from other revenue, is subject to the following additional limitations:
(b) An appropriation for
asset preservation may not be used to acquire new land nor to acquire or
construct new buildings, or additions to buildings, or major
new improvements.
(c) An appropriation for asset preservation may be used only for a capital expenditure on a capital asset previously owned by the state, within the meaning of generally accepted accounting principles as applied to public expenditures. The commissioner of administration will consult with the commissioner of management and budget to the extent necessary to ensure this and will furnish the commissioner of management and budget a list of projects to be financed from the account in order of their priority. The legislature assumes that many projects for preservation and replacement of portions of existing capital assets will constitute betterments and capital improvements within the meaning of the constitution and capital expenditures under generally accepted accounting principles, and will be financed more efficiently and economically under this section than by direct appropriations for specific projects.
(d) Categories of projects considered likely to be most needed and appropriate for asset preservation appropriations are the following:
(1) major projects to remove
address life safety hazards, like for existing buildings and
sites, including but not limited to security, building code violations,
or structural defects. Notwithstanding
paragraph (b), a project in this category may include an addition to an
existing building if it is a required component of the hazard removal abatement
project;
(2) projects to eliminate or contain hazardous substances like asbestos or lead paint;
(3) major projects to address
accessibility and building code violations; replace or repair roofs,
windows, tuckpointing, mechanical or, electrical, plumbing or
other building systems, utility infrastructure, and tunnels,;
make site renovations improvements necessary to support
building use,; and repair structural components necessary
to preserve the exterior and interior of existing buildings; and
(4) major projects
to renovate repair parking structures facilities and
surface lots.
(e) Up to ten percent of an appropriation subject to this section may be used for design costs for projects eligible to be funded under this section in anticipation of future asset preservation appropriations.
Sec. 64. Minnesota Statutes 2022, section 16B.32, subdivision 1, is amended to read:
Subdivision 1. Alternative
energy sources. Plans prepared by
the commissioner for a new building or for a renovation of 50 percent or more
of an existing building or its energy systems must include designs which use
active and passive solar energy systems, earth sheltered construction, and
other alternative energy sources where feasible. (a) If the incorporation of cost-effective
energy efficiency measures into the design, materials, and operations of a
building or major building renovation subject to section 16B.325 is not
sufficient to meet Sustainable Building 2030 energy performance standards
required under section 216B.241, subdivision 9, cost-effective renewable energy
sources or solar thermal energy systems, or both, must be deployed to achieve
those standards.
(b) The commissioners of
administration and commerce shall review compliance of building designs and
plans subject to this section with Sustainable Building 2030 performance
standards developed under section 216B.241, subdivision 9, and shall make
recommendations to the legislature as necessary to ensure that those
performance standards are met.
(c) For the purposes of
this section:
(1) "energy
efficiency" has the meaning given in section 216B.2402, subdivision 7;
(2) "renewable
energy" has the meaning given in section 216B.2422, subdivision 1,
paragraph (c), and includes hydrogen generated from wind, solar, or
hydroelectric; and
(3) "solar thermal
energy systems" has the meaning given to "qualifying solar thermal
project" in section 216B.2411, subdivision 2, paragraph (e).
Sec. 65. Minnesota Statutes 2022, section 16B.32, subdivision 1a, is amended to read:
Subd. 1a. Onsite
energy generation from renewable sources.
A state agency that prepares a predesign for a new building must
consider meeting at least two percent of the energy needs of the building from
renewable sources located on the building site.
For purposes of this subdivision, "renewable sources" are
limited to wind and the sun. The
predesign must include an explicit cost and price analysis of complying with
the two-percent requirement compared with the present and future costs of
energy supplied by a public utility from a location away from the building site
and the present and future costs of controlling carbon emissions. If the analysis concludes that the building
should not meet at least two percent of its energy needs from renewable sources
located on the building
site, the analysis must provide
explicit reasons why not. The building
may not receive further state appropriations for design or construction unless
at least two percent of its energy needs are designed to be met from renewable
sources, unless the commissioner finds that the reasons given by the agency for
not meeting the two-percent requirement were supported by evidence in the
record. The total aggregate
nameplate capacity of all renewable energy sources utilized to meet Sustainable
Building 2030 standards in a state-owned building or facility, including any
subscription to a community solar garden under section 216B.1641, may not
exceed 120 percent of the average annual electric energy consumption of the
state-owned building or facility.
Sec. 66. Minnesota Statutes 2022, section 16B.33, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given them:
(b) "Agency" has the meaning given in section 16B.01.
(c) "Architect" means an architect or landscape architect registered to practice under sections 326.02 to 326.15.
(d) "Board" means the state Designer Selection Board.
(e) "Design-build" means the process of entering into and managing a single contract between the commissioner and the design-builder in which the design-builder agrees to both design and construct a project as specified in the contract at a guaranteed maximum or a fixed price.
(f) "Design-builder" means a person who proposes to design and construct a project in accordance with the requirements of section 16C.33.
(g) "Designer" means an architect or engineer, or a partnership, association, or corporation comprised primarily of architects or engineers or of both architects and engineers.
(h) "Engineer" means an engineer registered to practice under sections 326.02 to 326.15.
(i) "Person" includes an individual, corporation, partnership, association, or any other legal entity.
(j) "Primary designer" means the designer who is to have primary design responsibility for a project, and does not include designers who are merely consulted by the user agency and do not have substantial design responsibility, or designers who will or may be employed or consulted by the primary designer.
(k) "Project"
means an undertaking to construct, erect, or remodel a building by or for the
state or an agency. Capital projects
exempt from the requirements of this section include demolition or
decommissioning of state assets; hazardous materials abatement; repair and
replacement of utility infrastructure, parking lots, and parking structures;
security upgrades; building systems replacement or repair, including
alterations to building interiors needed to accommodate the systems; and other
asset preservation work not involving remodeling of occupied space.
(l) "User agency" means the agency undertaking a specific project. For projects undertaken by the state of Minnesota, "user agency" means the Department of Administration or a state agency with an appropriate delegation to act on behalf of the Department of Administration.
Sec. 67. Minnesota Statutes 2022, section 16B.33, subdivision 3, is amended to read:
Subd. 3. Agencies
must request designer. (a) Application. Upon undertaking a project with an
estimated cost greater than $2,000,000 $4,000,000 or a planning
project with estimated fees greater than $200,000 $400,000, every
user agency, except the Capitol Area Architectural and Planning Board, shall
submit a written request for a primary
designer for its project to the commissioner, who shall forward the request to the board. The University of Minnesota and the Minnesota State Colleges and Universities shall follow the process in subdivision 3a to select designers for their projects. The written request must include a description of the project, the estimated cost of completing the project, a description of any special requirements or unique features of the proposed project, and other information which will assist the board in carrying out its duties and responsibilities set forth in this section.
(b) Reactivated project. If a project for which a designer has been selected by the board becomes inactive, lapses, or changes as a result of project phasing, insufficient appropriations, or other reasons, the commissioner, the Minnesota State Colleges and Universities, or the University of Minnesota may, if the project is reactivated, retain the same designer to complete the project.
(c) Fee limit reached after designer selected. If a project initially estimated to be below the cost and planning fee limits of this subdivision has its cost or planning fees revised so that the limits are exceeded, the project must be referred to the board for designer selection even if a primary designer has already been selected. In this event, the board may, without conducting interviews, elect to retain the previously selected designer if it determines that the interests of the state are best served by that decision and shall notify the commissioner of its determination.
Sec. 68. Minnesota Statutes 2022, section 16B.33, subdivision 3a, is amended to read:
Subd. 3a. Higher
education projects. (a) When the
University of Minnesota or the Minnesota State Colleges and Universities
undertakes a project involving construction or major remodeling, as defined in
section 16B.335, subdivision 1, with an estimated cost greater than $2,000,000
$4,000,000 or a planning project with estimated fees greater than $200,000
$400,000, the system shall submit a written request for a primary
designer to the commissioner, as provided in subdivision 3.
(b) When the University of Minnesota or the Minnesota State Colleges and Universities undertakes a project involving renovation, repair, replacement, or rehabilitation, the system office may submit a written request for a primary designer to the commissioner as provided in subdivision 3.
(c) For projects at the University of Minnesota or the State Colleges and Universities, the board shall select at least two primary designers under subdivision 4 for recommendation to the Board of Regents or the Board of Trustees. Meeting records or written evaluations that document the final selection are public records. The Board of Regents or the Board of Trustees shall notify the commissioner of the designer selected from the recommendations.
Sec. 69. Minnesota Statutes 2022, section 16B.33, is amended by adding a subdivision to read:
Subd. 6. Rate
of inflation. No later than
December 31 of every fifth year starting in 2025, the commissioner shall
determine the percentage increase in the rate of inflation, as measured by the
Means Quarterly Construction Cost Index, during the four-year period preceding
that year. The thresholds in
subdivisions 3, paragraph (a); and 3a, paragraph (a), shall be increased by the
percentage calculated by the commissioner to the nearest ten-thousandth dollar.
Sec. 70. [16B.361]
OFFICE OF COLLABORATION AND DISPUTE RESOLUTION.
Subdivision 1. Duties
of the office. The
commissioner of administration shall maintain the Office of Collaboration and
Dispute Resolution within the Department of Administration. The office must:
(1) assist state agencies;
offices of the executive, legislative, and judicial branches; Tribal
governments; and units of local government in improving collaboration, dispute
resolution, and public engagement;
(2) promote and utilize
collaborative dispute resolution models and processes based on documented best
practices to foster trust, relationships, mutual understanding, consensus-based
resolutions, and wise and durable solutions, including but not limited to:
(i) using established criteria and procedures for identifying and assessing collaborative dispute resolution projects;
(ii) designing
collaborative dispute resolution processes;
(iii) preparing and
training participants; and
(iv) facilitating
meetings and group processes using collaborative techniques and approaches;
(3) support collaboration and dispute resolution in the public and private sectors by providing technical assistance and information on best practices and new developments in dispute resolution fields;
(4) build capacity and
educate the public and government entities on collaboration, dispute resolution
approaches, and public engagement;
(5) promote the broad
use of community mediation in the state; and
(6) ensure that all
areas of the state have access to services by providing grants to private
nonprofit entities certified by the state court administrator under chapter 494
that assist in resolution of disputes.
Subd. 2. Awarding
grants to assist in resolution of disputes.
(a) The commissioner shall, to the extent funds are appropriated
for this purpose, make grants to private nonprofit community mediation entities
certified by the state court administrator under chapter 494 that assist in
resolution of disputes under subdivision 1, clause (6). The commissioner shall establish a grant review
committee to assist in the review of grant applications and the allocation of
grants under this section.
(b) To be eligible for a
grant under this section, a nonprofit organization must meet the requirements
of section 494.05, subdivision 1, clauses (1), (2), (4), and (5).
(c) A nonprofit entity
receiving a grant must agree to comply with guidelines adopted by the state
court administrator under section 494.015, subdivision 1. Policies adopted under sections 16B.97 and
16B.98 apply to grants under this section.
The exclusions in section 494.03 apply to grants under this section.
(d) Grantees must report
data required under chapter 494 to evaluate quality and outcomes.
Subd. 3. Accepting
funds. The commissioner may
apply for and receive money made available from federal, state, or other
sources for the purposes of carrying out the mission of the Office of
Collaboration and Dispute Resolution. Funds
received under this subdivision are appropriated to the commissioner for their
intended purpose.
Sec. 71. [16B.372]
ENVIRONMENTAL SUSTAINABILITY GOVERNMENT OPERATIONS; OFFICE CREATED.
Subdivision 1. Enterprise
sustainability. The Office of
Enterprise Sustainability is established to assist all state agencies in making
measurable progress toward improving the sustainability of government
operations by reducing the impact on the environment, controlling unnecessary
waste of natural resources and public funds, and
spurring innovation. The office shall create new tools and share
best practices, assist state agencies to plan for and implement improvements,
and monitor progress toward achieving intended outcomes. Specific duties include but are not limited
to:
(1) managing a
sustainability metrics and reporting system, including a public dashboard that
allows Minnesotans to track progress and is updated annually;
(2) assisting agencies in
developing and executing sustainability plans; and
(3) implementing the
state building energy conservation improvement revolving loan in Minnesota
Statutes, sections 16B.86 and 16B.87.
Subd. 2. State
agency responsibilities. Each
cabinet-level agency is required to participate in the sustainability effort by
developing a sustainability plan and by making measurable progress toward
improving associated sustainability outcomes.
State agencies and boards that are not members of the cabinet shall take
steps toward improving sustainability outcomes.
However, they are not required to participate at the level of
cabinet-level agencies.
Subd. 3. Local
governments. The Office of
Enterprise Sustainability shall make reasonable attempts to share tools and
best practices with local governments.
Sec. 72. [16B.373]
OFFICE OF ENTERPRISE TRANSLATIONS.
Subdivision 1. Office
establishment. (a) The
commissioner shall establish an Office of Enterprise Translations. The office must:
(1) provide translation
services for written material for executive agencies;
(2) create and maintain
language-specific landing webpages in Spanish, Hmong, and Somali and other
languages that may be determined by the commissioner, in consultation with the
state demographer, with links to translated materials at state agency websites;
and
(3) serve as a resource
to executive agencies in areas such as best practices and standards for the
translation of written materials.
(b) The commissioner
shall determine the process and requirements for state agencies to request
translations of written materials.
Subd. 2. Language
access service account established. The
language access service account is created in the special revenue fund for
reimbursing state agencies for expenses incurred in providing language
translation services.
Sec. 73. Minnesota Statutes 2022, section 16B.4805, subdivision 1, is amended to read:
Subdivision 1. Definitions. "Reasonable accommodation" as used in this section has the meaning given in section 363A.08. "State agency" as used in this section has the meaning given in section 16A.011, subdivision 12. "Reasonable accommodations eligible for reimbursement" means:
(1) reasonable accommodations provided to applicants for employment;
(2) reasonable accommodations for employees for services that will need to be provided on a periodic or ongoing basis; or
(3) reasonable
accommodations that involve onetime expenses that total more than $1,000
$500 for an employee in a fiscal year.
Sec. 74. Minnesota Statutes 2022, section 16B.58, is amended by adding a subdivision to read:
Subd. 9. Electric
vehicle charging. The
commissioner may require that a user of a charging station located on the State
Capitol complex used to charge an electric vehicle pay an electric service fee
as determined by the commissioner.
Sec. 75. Minnesota Statutes 2022, section 16B.87, subdivision 2, is amended to read:
Subd. 2. Award and terms of loans. (a) An agency shall apply for a loan on a form developed by the commissioner of administration that requires an applicant to submit the following information:
(1) a description of the proposed project, including existing equipment, structural elements, operating characteristics, and other conditions affecting energy use that the energy conservation improvements financed by the loan modify or replace;
(2) the total estimated project cost and the loan amount sought;
(3) a detailed project budget;
(4) projections of the proposed project's expected energy and monetary savings;
(5) information demonstrating the agency's ability to repay the loan;
(6) a description of the energy conservation programs offered by the utility providing service to the state building from which the applicant seeks additional funding for the project; and
(7) any additional information requested by the commissioner.
(b) The committee shall review applications for loans and shall award a loan based upon criteria adopted by the committee. A loan made under this section must:
(1) be at or below the market rate of interest, including a zero interest loan; and
(2) have a term no longer
than seven ten years.
(c) In making awards, the committee shall give preference to:
(1) applicants that have sought funding for the project through energy conservation projects offered by the utility serving the state building that is the subject of the application; and
(2) to the extent feasible, applications for state buildings located within the electric retail service area of the utility that is subject to section 116C.779.
Sec. 76. Minnesota Statutes 2022, section 16C.10, subdivision 2, is amended to read:
Subd. 2. Emergency
acquisition. The solicitation
process described in this chapter and chapter 16B is not required in
emergencies. In emergencies, the
commissioner may make or authorize any purchases necessary for the design,
construction, repair, rehabilitation, and improvement of a state-owned
publicly owned structure or may make or authorize an agency to do
so and may purchase, or may authorize an agency to purchase, any goods,
services, or utility services directly for immediate use. This provision applies to projects
conducted by Minnesota State Colleges and Universities.
Sec. 77. Minnesota Statutes 2022, section 16C.16, subdivision 6, is amended to read:
Subd. 6. Purchasing
methods. (a) The commissioner may
award up to a six 12 percent preference for specified goods or
services to small targeted group businesses.
(b) The commissioner may
award a contract for goods, services, or construction directly to a small
business or small targeted group business without going through a competitive
solicitation process up to a total contract award value, including extension options,
of $25,000 $100,000.
(c) The commissioner may designate a purchase of goods or services for award only to small businesses or small targeted group businesses if the commissioner determines that at least three small businesses or small targeted group businesses are likely to respond to a solicitation.
(d) The commissioner, as a condition of awarding a construction contract or approving a contract for professional or technical services, may set goals that require the prime contractor to subcontract a portion of the contract to small businesses or small targeted group businesses. The commissioner must establish a procedure for granting waivers from the subcontracting requirement when qualified small businesses or small targeted group businesses are not reasonably available. The commissioner may establish financial incentives for prime contractors who exceed the goals for use of small business or small targeted group business subcontractors and financial penalties for prime contractors who fail to meet goals under this paragraph. The subcontracting requirements of this paragraph do not apply to prime contractors who are small businesses or small targeted group businesses.
Sec. 78. Minnesota Statutes 2022, section 16C.16, subdivision 6a, is amended to read:
Subd. 6a. Veteran-owned
small businesses. (a) Except when
mandated by the federal government as a condition of receiving federal funds,
the commissioner shall award up to a six 12 percent preference,
but no less than the percentage awarded to any other group under this section,
on state procurement to certified small businesses that are majority-owned and
operated by veterans.
(b) The commissioner may
award a contract for goods, services, or construction directly to a
veteran-owned small business without going through a competitive solicitation
process up to a total contract award value, including extension options, of $25,000
$100,000.
(c) The commissioner may designate a purchase of goods or services for award only to a veteran-owned small business if the commissioner determines that at least three veteran-owned small businesses are likely to respond to a solicitation.
(d) The commissioner, as a condition of awarding a construction contract or approving a contract for professional or technical services, may set goals that require the prime contractor to subcontract a portion of the contract to a veteran-owned small business. The commissioner must establish a procedure for granting waivers from the subcontracting requirement when qualified veteran-owned small businesses are not reasonably available. The commissioner may establish financial incentives for prime contractors who exceed the goals for use of veteran‑owned small business subcontractors and financial penalties for prime contractors who fail to meet goals under this paragraph. The subcontracting requirements of this paragraph do not apply to prime contractors who are veteran-owned small businesses.
(e) The purpose of this designation is to facilitate the transition of veterans from military to civilian life, and to help compensate veterans for their sacrifices, including but not limited to their sacrifice of health and time, to the state and nation during their military service, as well as to enhance economic development within Minnesota.
(f) Before the commissioner certifies that a small business is majority-owned and operated by a veteran, the commissioner of veterans affairs must verify that the owner of the small business is a veteran, as defined in section 197.447.
Sec. 79. Minnesota Statutes 2022, section 16C.16, subdivision 7, is amended to read:
Subd. 7. Economically
disadvantaged areas. (a) The
commissioner may award up to a six 12 percent preference on state
procurement to small businesses located in an economically disadvantaged area.
(b) The commissioner may
award a contract for goods, services, or construction directly to a small
business located in an economically disadvantaged area without going through a
competitive solicitation process up to a total contract award value, including
extension options, of $25,000 $100,000.
(c) The commissioner may designate a purchase of goods or services for award only to a small business located in an economically disadvantaged area if the commissioner determines that at least three small businesses located in an economically disadvantaged area are likely to respond to a solicitation.
(d) The commissioner, as a condition of awarding a construction contract or approving a contract for professional or technical services, may set goals that require the prime contractor to subcontract a portion of the contract to a small business located in an economically disadvantaged area. The commissioner must establish a procedure for granting waivers from the subcontracting requirement when qualified small businesses located in an economically disadvantaged area are not reasonably available. The commissioner may establish financial incentives for prime contractors who exceed the goals for use of subcontractors that are small businesses located in an economically disadvantaged area and financial penalties for prime contractors who fail to meet goals under this paragraph. The subcontracting requirements of this paragraph do not apply to prime contractors who are small businesses located in an economically disadvantaged area.
(e) A business is located in an economically disadvantaged area if:
(1) the owner resides in or the business is located in a county in which the median income for married couples is less than 70 percent of the state median income for married couples;
(2) the owner resides in or the business is located in an area designated a labor surplus area by the United States Department of Labor; or
(3) the business is a certified rehabilitation facility or extended
employment provider as described in chapter 268A.
(f) The commissioner may designate one or more areas designated as targeted neighborhoods under section 469.202 or as border city enterprise zones under section 469.166 as economically disadvantaged areas for purposes of this subdivision if the commissioner determines that this designation would further the purposes of this section. If the owner of a small business resides or is employed in a designated area, the small business is eligible for any preference provided under this subdivision.
(g) The Department of Revenue shall gather data necessary to make the determinations required by paragraph (e), clause (1), and shall annually certify counties that qualify under paragraph (e), clause (1). An area designated a labor surplus area retains that status for 120 days after certified small businesses in the area are notified of the termination of the designation by the United States Department of Labor.
Sec. 80. Minnesota Statutes 2022, section 16C.19, is amended to read:
16C.19 ELIGIBILITY; RULES.
(a) A small business wishing to participate in the programs under section 16C.16, subdivisions 4 to 7, must be certified by the commissioner or, if authorized by the commissioner, by a nationally recognized certifying organization. The commissioner may choose to authorize a nationally recognized certifying organization if the certification requirements are substantially the same as those adopted under the rules authorized in this section and the business meets the requirements in section 16C.16, subdivision 2.
(b) The commissioner shall adopt by rule standards and procedures for certifying that small targeted group businesses, small businesses located in economically disadvantaged areas, and veteran-owned small businesses are eligible to participate under the requirements of sections 16C.16 to 16C.21. The commissioner shall adopt by rule standards and procedures for hearing appeals and grievances and other rules necessary to carry out the duties set forth in sections 16C.16 to 16C.21.
(b) (c) The
commissioner may make rules which exclude or limit the participation of
nonmanufacturing business, including third-party lessors, brokers, franchises,
jobbers, manufacturers' representatives, and others from eligibility under
sections 16C.16 to 16C.21.
(c) (d) The
commissioner may make rules that set time limits and other eligibility limits
on business participation in programs under sections 16C.16 to 16C.21.
(d) (e) Notwithstanding
paragraph (a), for purposes of sections 16C.16 to 16C.21, a veteran-owned small
business, the principal place of business of which is in Minnesota, is
certified if:
(1) it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service-disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74; or
(2) the veteran-owned small business supplies the commissioner with proof that the small business is majority‑owned and operated by:
(i) a veteran as defined in section 197.447; or
(ii) a veteran with a service-connected disability, as determined at any time by the United States Department of Veterans Affairs.
(e) (f) Until
rules are adopted pursuant to paragraph (a) for the purpose of certifying
veteran-owned small businesses, the provisions of Minnesota Rules, part
1230.1700, may be read to include veteran-owned small businesses. In addition to the documentation required in
Minnesota Rules, part 1230.1700, the veteran owner must have been discharged
under honorable conditions from active service, as indicated by the veteran
owner's most current United States Department of Defense form DD-214.
(f) (g) Notwithstanding
paragraph (a), for purposes of sections 16C.16 to 16C.21, a minority- or
woman-owned small business, the principal place of business of which is in
Minnesota, is certified if it has been certified by the Minnesota unified
certification program under the provisions of Code of Federal Regulations,
title 49, part 26, and a Tribal-owned small business, the principal place of
business of which is in Minnesota, is certified if it has been certified by the
Small Business Administration (SBA) 8(a) program under the provisions of Code
of Federal Regulations, title 13, part 124.
(g) (h) The commissioner may adopt rules to implement the programs under section 16C.16, subdivisions 4 to 7, using the expedited rulemaking process in section 14.389.
Sec. 81. Minnesota Statutes 2022, section 16C.251, is amended to read:
16C.251 BEST AND FINAL OFFER.
A "best and final offer" solicitation process may not be used for building and construction contracts awarded based on competitive bids.
Sec. 82. Minnesota Statutes 2022, section 16C.32, subdivision 1, is amended to read:
Subdivision 1. Definitions. As used in sections 16C.32 to 16C.35, the following terms have the meanings given them, unless the context clearly indicates otherwise:
(1) "acceptance" means a formal resolution of the commissioner authorizing the execution of a design-build, construction manager at risk, or job order contracting contract;
(2) "agency" means any state officer, employee, board, commission, authority, department, or other agency of the executive branch of state government. Unless specifically indicated otherwise, as used in sections 16C.32 to 16C.35, agency also includes the Minnesota State Colleges and Universities;
(3) "architect" means an architect or landscape architect registered to practice under sections 326.02 to 326.15;
(4) "board" means
the state Designer Selection Board, unless the estimated cost of the project is
less than $2,000,000 the amount specified in section 16B.33,
subdivision 3, in which case the commissioner may act as the board;
(5) "Capitol Area Architectural and Planning Board" means the board established to govern the Capitol Area under chapter 15B;
(6) "commissioner" means the commissioner of administration or the Board of Trustees of the Minnesota State Colleges and Universities, whichever controls a project;
(7) "construction manager at risk" means a person who is selected by the commissioner to act as a construction manager to manage the construction process, which includes, but is not limited to, responsibility for the price, schedule, and workmanship of the construction performed in accordance with the procedures of section 16C.34;
(8) "construction manager at risk contract" means a contract for construction of a project between a construction manager at risk and the commissioner, which contract shall include a guaranteed maximum price, construction schedule, and workmanship of the construction performed;
(9) "design-build contract" means a contract between the commissioner and a design-builder to furnish the architectural, engineering, and related design services as well as the labor, materials, supplies, equipment, and construction services for a project;
(10) "design and price-based proposal" means the proposal to be submitted by a design-builder in the design and price-based selection process, as described in section 16C.33, which proposal meets the requirements of section 16C.33, subdivision 7, paragraph (c), in such detail as required in the request for proposals;
(11) "design and price-based selection" means the selection of a design-builder as described in section 16C.33, subdivision 8;
(12) "design criteria package" means performance criteria prepared by a design criteria professional who shall be either an employee of the commissioner or shall be selected in compliance with section 16B.33, 16C.08, or 16C.087;
(13) "design criteria professional" means a person licensed under chapter 326, or a person who employs an individual or individuals licensed under chapter 326, required to design a project, and who is employed by or under contract to the commissioner to provide professional, architectural, or engineering services in connection with the preparation of the design criteria package;
(14) "guaranteed maximum price" means the maximum amount that a design-builder, construction manager at risk, or subcontractor will be paid pursuant to a contract to perform a defined scope of work;
(15) "guaranteed maximum price contract" means a contract under which a design-builder, construction manager, or subcontractor is paid on the basis of their actual cost to perform the work specified in the contract plus an amount for overhead and profit, the sum of which must not exceed the guaranteed maximum price set forth in the contract;
(16) "job order contracting" means a project delivery method that requests a limited number of bids from a list of qualified contractors, selected from a registry of qualified contractors who have been prescreened and who have entered into master contracts with the commissioner, as provided in section 16C.35;
(17) "past performance" or "experience" does not include the exercise or assertion of a person's legal rights;
(18) "person" includes an individual, corporation, partnership, association, or any other legal entity;
(19) "project" means an undertaking to construct, alter, or enlarge a building, structure, or other improvements, except highways and bridges, by or for the state or an agency;
(20) "qualifications-based selection" means the selection of a design-builder as provided in section 16C.33;
(21) "request for qualifications" means the document or publication soliciting qualifications for a design-build, construction manager at risk, or job order contracting contract as provided in sections 16C.33 to 16C.35;
(22) "request for proposals" means the document or publication soliciting proposals for a design-build or construction manager at risk contract as provided in sections 16C.33 and 16C.34; and
(23) "trade contract work" means the furnishing of labor, materials, or equipment by contractors or vendors that are incorporated into the completed project or are major components of the means of construction. Work performed by trade contractors involves specific portions of the project, but not the entire project.
Sec. 83. Minnesota Statutes 2022, section 16C.36, is amended to read:
16C.36 REORGANIZATION SERVICES UNDER MASTER CONTRACT.
The commissioner of administration must make available under a master contract program a list of eligible contractors who can assist state agencies in using data analytics to:
(1) accomplish agency reorganization along service rather than functional lines in order to provide more efficient and effective service; and
(2) bring about internal reorganization of management functions in order to flatten the organizational structure by requiring that decisions are made closer to the service needed, eliminating redundancies, and optimizing the span of control ratios to public and private sector industry benchmarks.
The commissioner of
administration must report to the legislature by January 15, 2013, and January
15, 2014, on state agency use of eligible contractors under this section, and
on improvements in efficiency and effectiveness, including the contract
oversight process, of state services as a result of services provided by
contractors.
Sec. 84. Minnesota Statutes 2022, section 43A.04, subdivision 7, is amended to read:
Subd. 7. Reporting. The commissioner shall issue a written
report by February 1 and August 1 of each year to the chair of the Legislative
Coordinating Commission. The report must
list the number of appointments made under each of the categories in section
43A.15, the number made to the classified service other than under section
43A.15, and the number made under section 43A.08, subdivision 2a, during the
six-month periods ending June 30 and December 31, respectively. The report must be posted online and must
be accessible under section 16E.03. The
commissioner shall advertise these reports in multiple formats to ensure broad
dissemination.
Sec. 85. Minnesota Statutes 2022, section 43A.06, subdivision 1, is amended to read:
Subdivision 1. General. (a) The commissioner shall perform the
duties assigned to the commissioner by this section and sections 3.855,
and 179A.01 to 179A.25 and this section.
(b) The commissioner shall be the state labor negotiator for purposes of negotiating and administering agreements with exclusive representatives of employees and shall perform any other duties delegated by the commissioner subject to the limitations in paragraph (c).
(c) The Board of Trustees
of the Minnesota State Colleges and Universities may exercise the powers under
this section for employees included in the units provided in section
179A.10, subdivision 2, clauses (9), (10), and (11) of section 179A.10,
subdivision 2, except with respect to sections 43A.22 to 43A.31, which
shall continue to be the responsibility of the commissioner. The commissioner shall have the right to
review and comment to the Minnesota State Colleges and Universities on the
board's final proposals prior to exchange of final positions with the
designated bargaining units as well as any requests for interest arbitration. The legislature encourages the Board of
Trustees, in coordination with the commissioner of management and budget and
the Board of Regents of the University of Minnesota, to endeavor in collective
bargaining negotiations to seek fiscal balance recognizing the ability of the
employer to fund the agreements or awards.
When submitting a proposed collective bargaining agreement to the
Legislative Coordinating Commission and the legislature under section 3.855,
subdivision 2, the Board of Trustees must use procedures and assumptions
consistent with those used by the commissioner in calculating the costs of the
proposed contract. The Legislative
Coordinating Commission must, when considering a collective bargaining
agreement or arbitration award submitted by the Board of Trustees, evaluate
market conditions affecting the employees in the bargaining unit, equity with
other bargaining units in the executive branch, and the ability of the trustees
and the state to fund the agreement or award.
Sec. 86. Minnesota Statutes 2022, section 43A.08, subdivision 1, is amended to read:
Subdivision 1. Unclassified positions. Unclassified positions are held by employees who are:
(1) chosen by election or appointed to fill an elective office;
(2) heads of agencies required by law to be appointed by the governor or other elective officers, and the executive or administrative heads of departments, bureaus, divisions, and institutions specifically established by law in the unclassified service;
(3) deputy and assistant agency
heads and one confidential secretary in the agencies listed in subdivision 1a and
in the Office of Strategic and Long-Range Planning;
(4) the confidential secretary to each of the elective officers of this state and, for the secretary of state and state auditor, an additional deputy, clerk, or employee;
(5) intermittent help employed by the commissioner of public safety to assist in the issuance of vehicle licenses;
(6) employees in the offices of the governor and of the lieutenant governor and one confidential employee for the governor in the Office of the Adjutant General;
(7) employees of the Washington, D. C., office of the state of Minnesota;
(8) employees of the legislature and of legislative committees or commissions; provided that employees of the Legislative Audit Commission, except for the legislative auditor, the deputy legislative auditors, and their confidential secretaries, shall be employees in the classified service;
(9) presidents, vice-presidents, deans, other managers and professionals in academic and academic support programs, administrative or service faculty, teachers, research assistants, and student employees eligible under terms of the federal Economic Opportunity Act work study program in the Perpich Center for Arts Education and the Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance employees, or any professional or managerial employee performing duties in connection with the business administration of these institutions;
(10) officers and enlisted persons in the National Guard;
(11) attorneys, legal assistants, and three confidential employees appointed by the attorney general or employed with the attorney general's authorization;
(12) judges and all employees of the judicial branch, referees, receivers, jurors, and notaries public, except referees and adjusters employed by the Department of Labor and Industry;
(13) members of the State Patrol; provided that selection and appointment of State Patrol troopers must be made in accordance with applicable laws governing the classified service;
(14) examination monitors and intermittent training instructors employed by the Departments of Management and Budget and Commerce and by professional examining boards and intermittent staff employed by the technical colleges for the administration of practical skills tests and for the staging of instructional demonstrations;
(15) student workers;
(16) executive directors or executive secretaries appointed by and reporting to any policy-making board or commission established by statute;
(17) employees unclassified pursuant to other statutory authority;
(18) intermittent help employed by the commissioner of agriculture to perform duties relating to pesticides, fertilizer, and seed regulation;
(19) the administrators and the deputy administrators at the State Academies for the Deaf and the Blind; and
(20) chief executive officers in the Department of Human Services.
Sec. 87. Minnesota Statutes 2022, section 43A.18, subdivision 1, is amended to read:
Subdivision 1. Collective
bargaining agreements. Except as
provided in section 43A.01 and to the extent they are covered by a collective
bargaining agreement, the compensation, terms and conditions of employment for
all employees represented by an exclusive representative certified pursuant to
chapter 179A shall be governed solely by the collective bargaining agreement
executed by the parties and approved by the legislature.
Sec. 88. Minnesota Statutes 2022, section 137.0245, subdivision 2, is amended to read:
Subd. 2. Membership. The Regent Candidate Advisory Council
shall consist of 24 members. Twelve
members shall be appointed by the Subcommittee on Committees of the
Committee on Rules and Administration majority leader of the senate. Twelve members shall be appointed by the
speaker of the house. Each appointing
authority must appoint one member who is a student enrolled in a degree program
at the University of Minnesota at the time of appointment. No more than one-third of the members
appointed by each appointing authority may be current or former legislators. No more than two-thirds of the members
appointed by each appointing authority may belong to the same political party;
however, political activity or affiliation is not required for the appointment
of any member. Geographical
representation must be taken into consideration when making appointments. Section 15.0575 shall govern the advisory
council, except that:
(1) the members shall be appointed to six-year terms with one-third appointed each even-numbered year; and
(2) student members are appointed to two-year terms with two students appointed each even-numbered year.
A member may not serve more than two full terms.
Sec. 89. Minnesota Statutes 2022, section 137.0245, is amended by adding a subdivision to read:
Subd. 6. Public
meetings. Meetings of the
council or subcommittees of the council must be open to the public and are
subject to section 3.055.
Sec. 90. Minnesota Statutes 2022, section 138.081, subdivision 3, is amended to read:
Subd. 3. Administration
of federal act. The Department of
Administration Minnesota Historical Society is designated as the
state agency to administer the provisions of the federal act providing for the
preservation of historical and archaeological data, United States Code, title 16
54, sections 469 to 469C section 312501, as amended,
insofar as the provisions of the act provide for implementation by the state.
Sec. 91. Minnesota Statutes 2022, section 138.665, subdivision 2, is amended to read:
Subd. 2. Mediation
Consultation. The state, state
departments, agencies, and political subdivisions, including the Board of
Regents of the University of Minnesota, have a responsibility to protect the
physical features and historic character of properties designated in sections
138.662 and 138.664 or listed on the National Register of Historic Places
created by Public Law 89-665. Before
carrying out any undertaking that will affect designated or listed properties,
or funding or licensing an undertaking by other parties, the state department
or agency shall consult with the State Historic Preservation Office pursuant to
the society's the State Historic Preservation Office's
established procedures to determine appropriate treatments and to seek ways to
avoid and mitigate any adverse effects on designated or listed properties. If the state department or agency and the
State Historic Preservation Office agree in writing on a suitable course of
action, the project may proceed. If the
parties cannot agree, any one of the parties may request that the governor
appoint and convene a mediation task force consisting of five members, two
appointed by the governor, the chair of the State Review Board of the State
Historic Preservation Office, the commissioner of administration or the
commissioner's designee, and one member who is not an employee of the
Minnesota Historical Society
appointed by the director of the Minnesota Historical Society. The two appointees of the governor and the
one of the director of the society shall be qualified by training or
experience in one or more of the following disciplines: (1) history; (2) archaeology; and (3)
architectural history. The mediation
task force is not subject to the conditions of section 15.059. This subdivision does not apply to section
138.662, subdivision 24, and section 138.664, subdivisions 8 and 111.
Sec. 92. [138.705]
CAPITOL BUILDING ELECTROLIER.
The Minnesota Historical
Society must light the Capitol building electrolier during regular business
hours on any days during which the legislature is convened in a regular or
special session, and during special events, when requested jointly by the chief
clerk of the house of representatives and the secretary of the senate. The historical society must coordinate with
the chief clerk of the house of representatives and the secretary of the senate
for the purpose of keeping the electrolier lit when either body of the
legislature is expected to meet outside of regular business hours.
Sec. 93. Minnesota Statutes 2022, section 138.912, subdivision 1, is amended to read:
Subdivision 1. Establishment. The healthy eating, here at home program is established to provide incentives for low-income Minnesotans to use federal Supplemental Nutrition Assistance Program (SNAP) benefits for healthy purchases at Minnesota-based farmers' markets, mobile markets, and direct-farmer sales, including community‑supported agriculture shares.
Sec. 94. Minnesota Statutes 2022, section 138.912, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Healthy eating, here at home" means a program administered by the Minnesota Humanities Center to provide incentives for low-income Minnesotans to use SNAP benefits for healthy purchases at Minnesota-based farmers' markets.
(c) "Healthy purchases" means SNAP-eligible foods.
(d) "Minnesota-based farmers' market" means a physical market as defined in section 28A.151, subdivision 1, paragraph (b), and also includes mobile markets and direct-farmer sales, including through a community-supported agriculture model.
(e) "Voucher" means a physical or electronic credit.
(f) "Eligible household" means an individual or family that is determined to be a recipient of SNAP.
Sec. 95. Minnesota Statutes 2022, section 145.951, is amended to read:
145.951 IMPLEMENTATION PLAN; STATEWIDE PROGRAM FOR FAMILIES.
The commissioner of health,
in consultation with the commissioners of education; corrections; public
safety; and human services, and with the directors director of the
Office of Strategic and Long-Range Planning, the Council on Disability,
and the councils and commission under sections 3.922, 3.9221, and 15.0145, may
develop an implementation plan for the establishment of a statewide program to
assist families in developing the full potential of their children. The program must be designed to strengthen
the family, to reduce the risk of abuse to children, and to promote the
long-term development of children in their home environments. The program must also be designed to use
volunteers to provide support to parents, and to link parents with existing
public health, education, and social services as appropriate.
Sec. 96. Minnesota Statutes 2022, section 155A.23, subdivision 8, is amended to read:
Subd. 8. Manager. A "manager" is any person who
is a cosmetologist, esthetician, advanced practice esthetician, hair
technician, nail technician practitioner, or eyelash technician practitioner,
and who has a manager license and provides any services under that license, as
defined in subdivision 3.
Sec. 97. Minnesota Statutes 2022, section 155A.23, subdivision 18, is amended to read:
Subd. 18. Practitioner. A "practitioner" is any person licensed as an operator or manager in the practice of cosmetology, esthiology, hair technology services, nail technology services, or eyelash technology services.
Sec. 98. Minnesota Statutes 2022, section 155A.23, is amended by adding a subdivision to read:
Subd. 21. Hair
technician. A "hair
technician" is any person who, for compensation, performs personal
services for the cosmetic care of the hair on the scalp. Hair technician services include cutting the
hair and the application of dyes, bleach, reactive chemicals, keratin, or other
preparations to color or alter the structure of the hair. A person who only performs hairstyling as
defined by subdivision 19, is not a hair technician.
EFFECTIVE DATE. This
section is effective on or after July 1, 2024.
Sec. 99. Minnesota Statutes 2022, section 155A.27, subdivision 1, is amended to read:
Subdivision 1. Licensing. A person must hold an individual license to practice in the state as a cosmetologist, esthetician, hair technician, nail technician, eyelash technician, advanced practice esthetician, manager, or instructor.
Sec. 100. Minnesota Statutes 2022, section 155A.27, subdivision 5a, is amended to read:
Subd. 5a. Temporary military license. The board shall establish temporary licenses for a cosmetologist, hair technician, nail technician, and esthetician in accordance with section 197.4552.
Sec. 101. Minnesota Statutes 2022, section 155A.27, subdivision 10, is amended to read:
Subd. 10. Nonresident
licenses. (a) A nonresident
cosmetologist, hair technician, nail technician, or esthetician
may be licensed in Minnesota if the individual has completed cosmetology school
in a state or country with the same or greater school hour requirements, has an
active license in that state or country, and has passed a board-approved theory
and practice-based examination, the Minnesota-specific written operator
examination for cosmetologist, hair technician, nail technician, or
esthetician. If a test is used to verify
the qualifications of trained cosmetologists, the test should be translated
into the nonresident's native language within the limits of available resources. Licenses shall not be issued under this
subdivision for managers or instructors.
(b) If an individual has
less than the required number of school hours, the individual must have had a
current active license in another state or country for at least three years and
have passed a board-approved theory and practice-based examination, and the
Minnesota-specific written operator examination for cosmetologist, hair
technician, nail technician, or esthetician. If a test is used to verify the
qualifications of trained cosmetologists, the test should be translated into
the nonresident's native language within the limits of available resources. Licenses must not be issued under this
subdivision for managers or instructors.
(c) Applicants claiming training and experience in a foreign country shall supply official English-language translations of all required documents from a board-approved source.
Sec. 102. [155A.2705]
HAIR TECHNICIAN REQUIREMENTS AND TRAINING.
Subdivision 1. Age
requirement. An applicant for
a hair technician license must be at least 17 years of age.
Subd. 2. Application. A complete application for a hair
technician license must include the following:
(1) a completed
application form;
(2) payment of the fees
required by section 155A.25;
(3) passing test results
achieved no more than one year before the submission of the application of the
following board-approved tests for the license for a hair technician:
(i) the general theory
test;
(ii) the written
practical test; and
(iii) the test on
Minnesota Laws and Rules related to providing hair technician services; and
(4) proof of completion
of training in the form of the original course completion certificate with the
notarized signatures of the school manager or owner documenting the successful
completion of the required training under subdivision 3. If the completed training is more than five
years old, a skills course certificate no more than one year old must also be
submitted.
Subd. 3. Training. Hair technician training must be
completed at a Minnesota-licensed cosmetology school. The training must consist of 900 hours of
coursework and planned clinical instruction and experience that includes:
(1) the first 300 hours
of the hair technology course that includes:
(i) student orientation;
(ii) preclinical
instruction in the theory of sciences, including:
(A) muscle and bone
structure and function;
(B) properties of the
hair and scalp;
(C) disorders and
diseases of the hair and scalp;
(D) chemistry as related
to hair technology; and
(E) electricity and
light related to the practice of hair technology;
(iii) theory and
preclinical instruction on client and service safety prior to students offering
services;
(iv) introductory
service skills that are limited to the observation of an instructor
demonstration, student use of mannequins, or student-to-student application of
basic services related to hair technology;
(v) Minnesota statutes
and rules pertaining to the regulation of hair technology;
(vi) health and safety
instruction that includes:
(A) chemical safety;
(B) safety data sheets;
(C) personal protective
equipment (PPE);
(D) hazardous substances;
and
(E) laws and regulations
related to health and public safety; and
(vii) infection control
to protect the health and safety of the public and technician that includes:
(A) disinfectants;
(B) disinfectant
procedures;
(C) cleaning and disinfection;
(D) single use items;
(E) storage of tools,
implements, and linens; and
(F) other implements and
equipment used in salons and schools;
(2) 300 hours in hair
cutting and styling that includes hair and scalp analysis, cleaning, scalp and
hair conditioning, hair design and shaping,
drying, arranging, curling, dressing, waving, and nonchemical straightening;
and
(3) 300 hours in
chemical hair services that includes hair and scalp analysis, dying, bleaching,
reactive chemicals, keratin, hair coloring, permanent straightening, permanent
waving, predisposition and strand tests, safety precautions, chemical mixing,
color formulation, and the use of dye removers.
EFFECTIVE DATE. This
section is effective July 1, 2024.
Sec. 103. Minnesota Statutes 2022, section 155A.271, subdivision 1, is amended to read:
Subdivision 1. Continuing education requirements. (a) To qualify for license renewal under this chapter as an individual cosmetologist, hair technician, nail technician, esthetician, advanced practice esthetician, eyelash technician, or salon manager, the applicant must complete four hours of continuing education credits from a board‑approved continuing education provider during the three years prior to the applicant's renewal date. One credit hour of the requirement must include instruction pertaining to state laws and rules governing the practice of cosmetology. Three credit hours must include instruction pertaining to health, safety, and infection control matters consistent with the United States Department of Labor's Occupational Safety and Health Administration standards applicable to the practice of cosmetology, or other applicable federal health, infection control, and safety standards, and must be regularly updated so as to incorporate newly developed standards and accepted professional best practices. Credit hours earned are valid for three years and may be applied simultaneously to all individual licenses held by a licensee under this chapter.
(b) Effective August 1,
2017, In addition to the hours of continuing education credits required
under paragraph (a), to qualify for license renewal under this chapter as an
individual cosmetologist, hair technician, nail technician, esthetician,
advanced practice esthetician, or salon manager, the applicant must also
complete a four credit hour continuing education course from a board-approved
continuing education provider based on any of the following within the
licensee's scope of practice:
(1) product chemistry and chemical interaction;
(2) proper use and maintenance of machines and instruments;
(3) business management, professional ethics, and human relations; or
(4) techniques relevant to the type of license held.
Credits are valid for three years and must be completed with a board-approved provider of continuing education during the three years prior to the applicant's renewal date and may be applied simultaneously to other individual licenses held as applicable, except that credits completed under this paragraph must not duplicate credits completed under paragraph (a).
(c) Paragraphs (a) and (b) do not apply to an instructor license, a school manager license, or an inactive license.
Sec. 104. Minnesota Statutes 2022, section 155A.29, subdivision 1, is amended to read:
Subdivision 1. Licensing. A person must not offer cosmetology
services for compensation unless the services are provided by a licensee in a
licensed salon or as otherwise provided in this section. Each salon must be licensed as a
cosmetology salon, a nail salon, esthetician salon, advanced practice
esthetician salon, or eyelash extension salon.
A salon may hold more than one type of salon license.
Sec. 105. Minnesota Statutes 2022, section 161.1419, subdivision 2, is amended to read:
Subd. 2. Members. (a) The commission shall be composed of 15 members of whom:
(1) one shall be appointed by the commissioner of transportation;
(2) one shall be appointed by the commissioner of natural resources;
(3) one shall be appointed by the director of Explore Minnesota Tourism;
(4) one shall be appointed by the commissioner of agriculture;
(5) one shall be appointed by the director of the Minnesota Historical Society;
(6) two shall be members of the senate to be appointed by the Committee on Committees;
(7) two shall be members of the house of representatives to be appointed by the speaker;
(8) one shall be the secretary appointed pursuant to subdivision 3; and
(9) five shall be citizen members appointed to staggered four-year terms by the commission after receiving recommendations from five citizen committees established by the members appointed under clauses (1) to (8), with each citizen committee established within and representing each of the following geographic segments along the Mississippi River:
(i) Lake Itasca to but not including the city of Grand Rapids;
(ii) Grand Rapids to but not including the city of Brainerd;
(iii) Brainerd to but not including the city of Elk River;
(iv) Elk River to but not including the city of Hastings; and
(v) Hastings to the Iowa border.
Each citizen committee member shall be
a resident of the geographic segment that the committee and member
represents.
(b) The members of the commission appointed in paragraph (a), clauses (1) to (8), shall serve for a term expiring at the close of each regular session of the legislature and until their successors are appointed.
(c) Successor members shall be appointed by the same appointing authorities. Members may be reappointed. Any vacancy shall be filled by the appointing authority. The commissioner of transportation, the commissioner of natural resources, and the director of the Minnesota Historical Society shall be ex officio members, and shall be in addition to the 15 members heretofore provided for. Immediately upon making the appointments to the commission the appointing authorities shall so notify the Mississippi River Parkway Commission, hereinafter called the National Commission, giving the names and addresses of the members so appointed.
Sec. 106. Minnesota Statutes 2022, section 179A.03, subdivision 14, is amended to read:
Subd. 14. Public employee or employee. (a) "Public employee" or "employee" means any person appointed or employed by a public employer except:
(1) elected public officials;
(2) election officers;
(3) commissioned or enlisted personnel of the Minnesota National Guard;
(4) emergency employees who are employed for emergency work caused by natural disaster;
(5) part-time employees whose service does not exceed the lesser of 14 hours per week or 35 percent of the normal work week in the employee's appropriate unit;
(6) employees whose positions are basically temporary or seasonal in character and: (i) are not for more than 67 working days in any calendar year; or (ii) are not for more than 100 working days in any calendar year and the employees are under the age of 22, are full-time students enrolled in a nonprofit or public educational institution prior to being hired by the employer, and have indicated, either in an application for employment or by being enrolled at an educational institution for the next academic year or term, an intention to continue as students during or after their temporary employment;
(7) employees providing services for not more than two consecutive quarters to the Board of Trustees of the Minnesota State Colleges and Universities under the terms of a professional or technical services contract as defined in section 16C.08, subdivision 1;
(8) employees of charitable hospitals as defined by section 179.35, subdivision 3, except that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public employees for purposes of sections 179A.051, 179A.052, and 179A.13;
(9) full-time undergraduate students employed by the school which they attend under a work-study program or in connection with the receipt of financial aid, irrespective of number of hours of service per week;
(10) an individual who is employed for less than 300 hours in a fiscal year as an instructor in an adult vocational education program;
(11) an individual hired
by the Board of Trustees of the Minnesota State Colleges and Universities
to teach one course for three or fewer credits for one semester in a year;
(12) (11) with
respect to court employees:
(i) personal secretaries to judges;
(ii) law clerks;
(iii) managerial employees;
(iv) confidential employees; and
(v) supervisory employees;
(13) (12) with
respect to employees of Hennepin Healthcare System, Inc., managerial, supervisory,
and confidential employees.
(b) The following
individuals are public employees regardless of the exclusions of paragraph (a),
clauses (5) and (6) to (7):
(1) an employee hired by a school district or the Board of Trustees of the Minnesota State Colleges and Universities except at the university established in the Twin Cities metropolitan area under section 136F.10 or for community services or community education instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member who is a public employee, where the replacement employee is employed more than 30 working days as a replacement for that teacher or faculty member; or (ii) to take a teaching position created due to increased enrollment, curriculum expansion, courses which are a part of the curriculum whether offered annually or not, or other appropriate reasons;
(2) an employee hired for a
position under paragraph (a), clause (6), item (i), if that same position has
already been filled under paragraph (a), clause (6), item (i), in the same
calendar year and the cumulative number of days worked in that same position by
all employees exceeds 67 calendar days in that year. For the purpose of this paragraph, "same
position" includes a substantially equivalent position if it is not the
same position solely due to a change in the classification or title of the
position; and
(3) an early childhood
family education teacher employed by a school district.; and
(4) an individual hired by the
Board of Trustees of the Minnesota State Colleges and Universities as the
instructor of record to teach (i) one class for more than three credits in a
fiscal year, or (ii) two or more credit‑bearing classes in a fiscal year.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 107. Minnesota Statutes 2022, section 179A.22, subdivision 4, is amended to read:
Subd. 4. Agreements. The commissioner of management and budget
is authorized to enter into agreements with exclusive representatives as
provided in section 43A.06, subdivisions 1, paragraph (b), and 3. The Board of Trustees of the Minnesota State
Colleges and Universities is authorized to enter into agreements with exclusive
representatives as provided in section 43A.06, subdivision 1, paragraph (c). The negotiated agreements and any related
arbitration decision decisions must be submitted to the
legislature to be accepted or rejected in accordance with this section and
section 3.855 implemented by the commissioner of management and budget
or the Board of Trustees of the Minnesota State Colleges and Universities
respectively, following the approval of the tentative agreement by exclusive
representatives.
Sec. 108. Minnesota Statutes 2022, section 307.08, is amended to read:
307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS; BURIALS;
CEMETERIES; PENALTY; AUTHENTICATION ASSESSMENT.
Subdivision 1. Legislative
intent; scope. It is a declaration
and statement of legislative intent that all human burials, human remains, and
human burial grounds shall be accorded equal treatment and respect for human
dignity without reference to their ethnic origins, cultural backgrounds, or
religious affiliations. The provisions
of this section shall apply to all human burials, human remains, or human
burial grounds found on or in all public or private lands or waters in
Minnesota. Within the boundaries of
Tribal Nation reservations, nothing in this section should be interpreted to
conflict with federal law, including the Native American Graves Protection and
Repatriation Act (NAGPRA), United States Code, title 25, section 3001 et seq.,
and its implementing regulations, Code of Federal Regulations, title 43, part
10.
Subd. 2. Felony;
gross misdemeanor. (a) A person who
intentionally, willfully, and or knowingly does any of the
following is guilty of a felony:
(1) destroys, mutilates, or
injures human burials or, human burial grounds, or associated
grave goods; or
(2) without the consent of the appropriate authority, disturbs human burial grounds or removes human remains or associated grave goods.
(b) A person who, without
the consent of the appropriate authority and the landowner, intentionally,
willfully, and or knowingly does any of the following is guilty
of a gross misdemeanor:
(1) removes any tombstone,
monument, or structure placed in any public or private cemetery or authenticated
assessed human burial ground; or
(2) removes any fence,
railing, natural stone, or other work erected for protection or
ornament, or any tree, shrub, or plant or grave goods and artifacts
within the limits of a public or private cemetery or authenticated assessed
human burial ground; or
(3) discharges any firearms
upon or over the grounds of any public or private cemetery or authenticated
assessed burial ground.
(c) A person who
intentionally, willfully, or knowingly fails to comply with any other provision
of this section is guilty of a misdemeanor.
Subd. 3. Protective
posting. Upon the agreement of the
appropriate authority and the landowner, an authenticated or recorded human
burial ground may be posted for protective purposes every 75 feet around its
perimeter with signs listing the activities prohibited by subdivision 2 and the
penalty for violation of it. Posting is
at the discretion of the Indian affairs council in the case of American Indian
burials or at the discretion of the state archaeologist in the case of non-Indian
non-American Indian burials. This
subdivision does not require posting of a burial ground. The size, description, location, and
information on the signs used for protective posting must be approved by the
appropriate authority and the landowner.
Subd. 3a. Authentication
Cemeteries; records and condition assessments. The state archaeologist shall
authenticate all burial grounds for purposes of this section. The state archaeologist may retain the
services of a qualified professional archaeologist, a qualified physical
anthropologist, or other appropriate experts for the purpose of gathering
information that the state archaeologist can use to authenticate or identify burial
grounds. If probable Indian burial
grounds are to be disturbed or probable Indian remains analyzed, the Indian
Affairs Council must approve the professional archaeologist, qualified
anthropologist, or other appropriate expert.
Authentication is at the discretion of the state archaeologist based on
the needs identified in this section or upon request by an agency, a landowner,
or other appropriate authority. (a)
Cemeteries shall be assessed according to this subdivision.
(b) The state
archaeologist shall implement and maintain a system of records identifying the
location of known, recorded, or suspected cemeteries. The state archaeologist shall provide access
to the records as provided in subdivision 11.
(c) The cemetery
condition assessment of non-American Indian cemeteries is at the discretion of
the state archaeologist based on the needs identified in this section or upon
request by an agency, a landowner, or other appropriate authority.
(d) The cemetery
condition assessment of American Indian cemeteries is at the discretion of the
Indian Affairs Council based on the needs identified in this section or upon
request by an agency, a landowner, or other appropriate authority. If the Indian Affairs Council has possession
or takes custody of remains they may follow United States Code, title 25,
sections 3001 to 3013.
(e) The cemetery
condition assessment of cemeteries that include American Indian and
non-American Indian remains or include remains whose ancestry cannot be
determined shall be assessed at the discretion of the state archaeologist in
collaboration with the Indian Affairs Council based on the needs identified in
this section or upon request by an agency, a landowner, or other appropriate
authority.
(f) The state
archaeologist and the Indian Affairs Council shall have 90 days from the date a
request is received to begin a cemetery condition assessment or provide notice
to the requester whether or not a condition assessment of a cemetery is needed.
(g) The state
archaeologist and the Indian Affairs Council may retain the services of a
qualified professional archaeologist, a qualified forensic anthropologist, or
other appropriate experts for the purpose of gathering information that the
state archaeologist or the Indian Affairs Council can use to assess or identify
cemeteries.
Subd. 5. Cost;
use of data. The cost of authentication
condition assessment, recording, surveying, and marking burial grounds
and the cost of identification, analysis, rescue, and reburial of human remains
on public lands or waters shall be the responsibility of the state or political
subdivision controlling the lands or waters.
On private lands or waters these costs shall may be borne
by the state, but may be borne by or the landowner upon mutual
agreement with the state. The state
archaeologist must make the data collected for this activity available using
standards adopted by the Department of Information Technology Services and
geospatial technology standards and guidelines published by the Minnesota
Geospatial Information Office. Costs
associated with this data delivery must be borne by the state.
Subd. 7. Remains found outside of recorded cemeteries. (a) All unidentified human remains or burials found outside of recorded cemeteries or unplatted graves or burials found within recorded cemeteries and in contexts which indicate antiquity greater than 50 years shall be treated with the utmost respect for all human dignity and dealt with according to the provisions of this section.
(b) If such burials are not American Indian or their ethnic identity cannot be ascertained, as determined by the state archaeologist, they shall be dealt with in accordance with provisions established by the state archaeologist and other appropriate authority.
(c) If such burials
are American Indian, as determined by the state archaeologist and
Indian Affairs Council, efforts shall be made by the state archaeologist
and the Indian Affairs Council to ascertain their tribal identity. If their probable tribal identity can be
determined and the remains have been removed from their original context, such
remains shall be turned over to contemporary tribal leaders for disposition. If tribal identity cannot be determined, the
Indian remains must be dealt with in accordance with provisions established by
the state archaeologist and the Indian Affairs Council if they are from public
land. If removed Indian remains are from
private land they shall be dealt with in accordance with provisions established
by the Indian Affairs Council. If it is
deemed desirable by the state archaeologist or the Indian Affairs Council,
removed remains shall be studied in a timely and respectful manner by a
qualified professional archaeologist or a qualified physical anthropologist
before being delivered to tribal leaders or before being reburied to
follow procedures as defined in United States Code, title 25, section 3001 et
seq., and its implementing regulations, Code of Federal Regulations, title 43,
part 10, within reservation boundaries. For
burials outside of reservation boundaries, the procedures defined in United
States Code, title 25, section 3001 et seq., and its implementing regulations,
Code of Federal Regulations, title 43, part 10, are at the discretion of the
Indian Affairs Council.
Subd. 7a. Landowner
responsibilities. Application by
a landowner for permission to develop or disturb nonburial areas within authenticated
assessed or recorded burial grounds shall be made to:
(1) the state
archaeologist and other appropriate authority in the case of non-Indian non-American
Indian burials; and to
(2) the Indian Affairs Council and other appropriate authority in the case of American Indian burials.
(b) Landowners with authenticated
assessed or suspected human burial grounds on their property are
obligated to inform prospective buyers of the burial ground.
Subd. 8. Burial
ground relocation. No non-Indian
non-American Indian burial ground may be relocated without the consent
of the appropriate authority. No American
Indian burial ground may be relocated unless the request to relocate is
approved by the Indian Affairs Council. When
a burial ground is located on public lands or waters, any burial relocations
must be duly licensed under section 138.36 and the cost of removal is the
responsibility of and shall be paid by the state or political subdivision
controlling the lands or waters. If
burial grounds are authenticated assessed on private lands,
efforts may be made by the state to purchase and protect them instead of
removing them to another location.
Subd. 9. Interagency cooperation. (a) The state archaeologist and the Indian Affairs Council shall enter into a memorandum of understanding to coordinate their responsibilities under this section.
(b) The Department of Natural Resources, the Department of Transportation, and all other state agencies and local governmental units whose activities may be affected, shall cooperate with the state archaeologist and the Indian Affairs Council to carry out the provisions of this section.
Subd. 10. Construction
and development plan review. When
human burials are known or suspected to exist, on public lands or waters, the
state or political subdivision controlling the lands or waters or, in the case
of private lands, the landowner or developer, shall submit construction and
development plans to the state archaeologist for review prior to the time
bids are advertised before plans are finalized and prior to any
disturbance within the burial area. If
the known or suspected burials are thought to be American Indian, plans
shall also be submitted to the Indian Affairs Council. The state archaeologist and the Indian
Affairs Council shall review the plans within 30 45 days of
receipt and make recommendations for the preservation in place or removal of
the human burials or remains, which may be endangered by construction or
development activities.
Subd. 11. Burial
sites data. (a) Burial sites locational
and related data maintained by data under the authority of the
Office of the State Archaeologist and accessible through the office's
"Unplatted Burial Sites and Earthworks in Minnesota" website or
Indian Affairs Council are security information for purposes of section
13.37. Persons who gain access to the
data maintained on the site this data are subject to liability under
section 13.08 and the penalty established by section 13.09 if they improperly
use or further disseminate the data. Use
of this information must be approved by the appropriate authority.
Subd. 12. Right
of entry. The state archaeologist or
designee may enter on property for the purpose of authenticating assessing
burial sites. The Indian Affairs
Council or a designated representative of the Indian Affairs Council may enter
on property for the purpose of assessing or identifying American Indian
cemeteries. Only after obtaining
permission from the property owner or lessee, descendants of persons buried in
burial grounds covered by this section may enter the burial grounds for the
purpose of conducting religious or commemorative ceremonies. This right of entry must not unreasonably
burden property owners or unnecessarily restrict their use of the property.
Subd. 13. Definitions. As used in this section, the following terms have the meanings given.
(a) "Abandoned cemetery" means a cemetery where the cemetery association has disbanded or the cemetery is neglected and contains marked graves older than 50 years.
(b) "Appropriate authority" means:
(1) the trustees when the trustees have been legally defined to administer burial grounds;
(2) the Indian Affairs Council in the case of American Indian burial grounds lacking trustees;
(3) the county board in the case of abandoned cemeteries under section 306.243; and
(4) the state archaeologist
in the case of non-Indian non-American Indian burial grounds
lacking trustees or not officially defined as abandoned.
(c) "Artifacts" means natural or artificial articles, objects, implements, or other items of archaeological interest.
(d) "Authenticate"
"Assess" means to establish the presence of or high potential
of human burials or human skeletal remains being located in a discrete area,
delimit the boundaries of human burial grounds or graves, and attempt to
determine the ethnic, cultural, or religious affiliation of individuals
interred.
(e) "Burial" means the organic remnants of the human body that were intentionally interred as part of a mortuary process.
(f) "Burial ground" means a discrete location that is known to contain or has high potential to contain human remains based on physical evidence, historical records, or reliable informant accounts.
(g) "Cemetery" means a discrete location that is known to contain or intended to be used for the interment of human remains.
(h) "Disturb"
means any activity that significantly harms the physical integrity or
setting of a human burial or human burial ground.
(i) "Grave goods" means objects or artifacts directly associated with human burials or human burial grounds that were placed as part of a mortuary ritual at the time of interment.
(j) "Human
remains" means the calcified portion of the human body of a
deceased person in whole or in part, regardless of the state of decomposition,
not including isolated teeth, or cremated remains deposited in a container
or discrete feature.
(k) "Identification" means to analyze organic materials to attempt to determine if they represent human remains and to attempt to establish the ethnic, cultural, or religious affiliations of such remains.
(l) "Marked" means a burial that has a recognizable tombstone or obvious grave marker in place or a legible sign identifying an area as a burial ground or cemetery.
(m) "Qualified physical anthropologist" means a specialist in identifying human remains who holds an advanced degree in anthropology or a closely related field.
(n) "Qualified professional archaeologist" means an archaeologist who meets the United States Secretary of the Interior's professional qualification standards in Code of Federal Regulations, title 36, part 61, appendix A, or subsequent revisions.
(o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a county recorder's office.
(p) "State" or "the state" means the state of Minnesota or an agency or official of the state acting in an official capacity.
(q) "Trustees" means the recognized representatives of the original incorporators, board of directors, or cemetery association.
(r) "Person"
means a natural person or a business and includes both if the natural person is
engaged in a business.
(s) "Business"
means a contractor, subcontractor, supplier, consultant, or provider of
technical, administrative, or physical services organized as a sole
proprietorship, partnership, association, corporation, or other entity formed
for the purpose of doing business for profit.
Sec. 109. Minnesota Statutes 2022, section 349A.02, subdivision 1, is amended to read:
Subdivision 1. Director. A State Lottery is established under the
supervision and control of a director. The
director of the State Lottery shall be appointed by the governor with the
advice and consent of the senate. The
director serves in the unclassified service at the pleasure of the governor. The annual salary rate authorized for the
director is equal to 95 percent of the salary rate prescribed for the
governor established through the process described under section
15A.0815.
EFFECTIVE DATE. This
section is effective the day following final enactment. Any recommendations made by the Compensation
Council in 2023 determine salaries for fiscal years 2024 and 2025.
Sec. 110. Minnesota Statutes 2022, section 381.12, subdivision 2, is amended to read:
Subd. 2. Expense, tax levy. The county board of any county may levy a tax upon all the taxable property in the county for the purpose of defraying the expense incurred, or to be incurred, less any amount received from the public system monument grant program under section 381.125, for:
(1) the preservation and restoration of monuments under this section;
(2) the preservation or establishment of control monuments for mapping activities;
(3) the modernization of county land records through the use of parcel-based land management systems; or
(4) the establishment of geographic (GIS), land (LIS), management (MIS) information systems.
Sec. 111. [381.125]
PUBLIC LAND SURVEY SYSTEM MONUMENT GRANT PROGRAM.
Subdivision 1. Grant
program. The chief geospatial
information officer, through the Geospatial Advisory Council established under
section 16E.30, subdivision 8, shall work with the stakeholders licensed as
land surveyors under section 326.02, to develop a process for accepting
applications from counties for funding for the perpetuation of monuments
established by the United States in the public lands survey to mark public land
survey corners, as provided in section 381.12, subdivision 2, clause (1). Grants may also be used to update records and
data regarding monuments. The chief
geospatial information officer must establish criteria for prioritizing
applicants when resources available for grants are not sufficient to award
grants to all applicants. The criteria
must favor providing grants to counties that demonstrate financial need for
assistance.
Subd. 2. Report. By October 1, in each odd-numbered
year, the chief geospatial information officer must submit a report to the
chairs and ranking minority members of the committees in the senate and the
house of representatives with jurisdiction over state government and local
government. The report must include the
following:
(1) a summary of the
chief geospatial information officer activities regarding administration of
this grant program for the previous fiscal year, including the amount of money
requested and disbursed by county;
(2) an assessment of the
progress toward completion of necessary monument restoration and certification
by county; and
(3) a forecast of the
amount needed to complete monument recertification in all counties.
Subd. 3. Nonstate
match. No nonstate match is required
for grants made under this program.
Sec. 112. Minnesota Statutes 2022, section 383B.32, subdivision 2, is amended to read:
Subd. 2. Unclassified service. (a) The unclassified service comprises:
(1) officers chosen by election or appointment to fill an elective office;
(2) members of boards and commissions appointed by the county board;
(3) physicians, medical residents, interns, and students in training;
(4) nonsalaried attending medical staff;
(5) special sheriff's deputies serving without pay;
(6) seasonal, temporary, provisional, intermittent, and emergency positions;
(7) positions funded by specific governmental or nongovernmental grants of intermittent or limited funding duration;
(8) the director or principal administrative officer of a department appointed pursuant to sections 383B.101 to 383B.103; or appointed by the county board; or appointed for a term pursuant to law;
(9) chief deputy or principal assistant and secretary for each elected official;
(10) examiner of titles and deputy examiners;
(11) chief criminal public
safety services deputy sheriff, a chief civil adult detention and
court services deputy sheriff, a chief administrative deputy sheriff, and
a chief financial services community relations deputy sheriff,
and a chief investigations deputy sheriff;
(12) public defender;
(13) county medical examiner;
(14) office staff appointed by the county administrator pursuant to sections 383B.101 to 383B.103; and
(15) county administrator.
(b) Notwithstanding any contrary provision of other law, any person coming within paragraph (a), clause (8), who, on August 1, 2000, is in the classified service, remains in the classified service until vacating the position. After that, an appointee to a position described in paragraph (a), clause (8), is in the unclassified service.
Sec. 113. Minnesota Statutes 2022, section 462A.22, subdivision 10, is amended to read:
Subd. 10. Audits. All of the books and records of the
agency shall be subject to audit by the legislative auditor in the manner
prescribed for other agencies of state government. The agency is authorized also to employ and
to contract in its resolutions and indentures for the employment of public
accountants for the audit of books and records pertaining to any fund or funds. The legislative auditor shall review
contracts with public accountants as provided in section 3.972.
Sec. 114. Minnesota Statutes 2022, section 507.0945, is amended to read:
507.0945 ADMINISTRATION.
(a) An Electronic Real Estate
Recording Commission administered by the Legislative Coordinating Commission
is created to evaluate and must then may adopt standards
to implement sections 507.0941 to 507.0948.
(b) The Electronic Real Estate Recording Commission shall consist of the following:
(1) three members appointed by the Minnesota Association of County Officials who are county employees, including one from within the seven-county metropolitan area, one from outside the seven-county metropolitan area, and at least one of whom is a county recorder and at least one of whom is a registrar of titles;
(2) one member appointed by the Minnesota Land Title Association;
(3) one member who represents the Minnesota Bankers Association;
(4) one member who represents the Section of Real Property Law of the Minnesota State Bar Association;
(5) one nonvoting member who is appointed by the other members of the commission and an expert in the technological aspects of electronic real estate recording; and
(6) one member who is the state archivist appointed pursuant to section 138.17.
(c) Members of the Electronic Real Estate Recording Commission shall serve four-year terms, except that (1) the initial appointments of county employees shall be for two years and (2) the expert in the technological aspects of electronic real estate recording shall serve at the pleasure of a majority of the other members of the commission. All initial terms shall commence on July 1, 2008. Members shall serve until their successors are appointed. Any member may be reappointed for successive terms.
(d) The state archivist shall
call the first meeting of the Electronic Real Estate Recording Commission. At the first meeting and biennially
thereafter, the commission shall elect from its membership a chair and
vice-chair to serve two-year terms. Meetings
may be called by the chair or the vice-chair or the director of the
Legislative Coordinating Commission.
Meetings shall be held as often as necessary, but at least once a year.
(e) A majority of the voting members of the Electronic Real Estate Recording Commission constitutes a quorum to do business, and a majority of a quorum may act in any matter within the jurisdiction of the commission.
(f) As soon as practicable
and as needed thereafter, the Electronic Real Estate Recording Commission shall
identify the information technology and any other expertise it requires
and report its needs to the Legislative Coordinating Commission. The Electronic Real Estate Recording
Commission also shall report any other expertise it needs to fulfill its
responsibilities. The Legislative
Coordinating Commission shall provide support services, including meeting
space, as needed for the Electronic Real Estate Recording Commission to carry
out its duties in an effective manner committees of the house of
representatives and the senate that have jurisdiction.
Sec. 115. Minnesota Statutes 2022, section 645.44, subdivision 5, as amended by Laws 2023, chapter 5, section 2, is amended to read:
Subd. 5. Holiday. (a) "Holiday" includes
New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in
January; Washington's and Lincoln's Birthday, the third Monday in February;
Memorial Day, the last Monday in May; Juneteenth, June 19; Independence Day,
July 4; Labor Day, the first Monday in September; Christopher Columbus Indigenous
Peoples Day, the second Monday in October; Veterans Day, November 11;
Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December
25; provided, when New Year's Day, January 1; or Juneteenth, June 19; or
Independence Day, July 4; or Veterans Day, November 11; or Christmas Day,
December 25; falls on Sunday, the following day shall be a holiday and,
provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence
Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls
on Saturday, the preceding day shall be a holiday. No public business shall be transacted on any
holiday, except in cases of necessity and except in cases of public business
transacted by the legislature, nor shall any civil process be served thereon. However, for the executive branch of the
state of Minnesota, "holiday" also includes the Friday after
Thanksgiving but does not include Christopher Columbus Indigenous
Peoples Day. Other branches of state
government and political subdivisions shall have the option of determining
whether Christopher Columbus Indigenous Peoples Day and the
Friday after Thanksgiving shall be holidays.
Where it is determined that Columbus Day Indigenous Peoples
Day or the Friday after Thanksgiving is not a holiday, public business may
be conducted thereon.
(b) Any agreement between a public employer and an employee organization citing Veterans Day as the fourth Monday in October shall be amended to cite Veterans Day as November 11.
(c) Any agreement between
a public employer and an employee organization citing "Christopher
Columbus Day" or "Columbus Day" shall be amended to cite
"Indigenous Peoples Day."
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 116. Laws 2023, chapter 5, section 1, is amended by adding an effective date to read:
EFFECTIVE DATE. This
section is effective the day following final enactment.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 117. Laws 2023, chapter 5, section 2, is amended by adding an effective date to read:
EFFECTIVE DATE. This
section is effective the day following final enactment.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 118. STATE
EMBLEMS REDESIGN COMMISSION.
Subdivision 1. Establishment.
The State Emblems Redesign
Commission is established. The purpose
of the commission is to develop and adopt a new design for the official state
flag and the official state seal no later than January 1, 2024.
Subd. 2. Membership;
meetings. (a) The commission
consists of the following members:
(1) three members of the
public, appointed by the governor;
(2) one member appointed
by the Council for Minnesotans of African Heritage;
(3) one member appointed
by the Minnesota Council on Latino Affairs;
(4) one member appointed
by the Council on Asian-Pacific Minnesotans;
(5) one member
representing the Dakota community and one member representing the Ojibwe
community, appointed by the executive board of the Indian Affairs Council;
(6) the secretary of
state or the secretary's designee;
(7) the executive
director of the Minnesota Historical Society or the director's designee;
(8) the chair of the
Capitol Area Architectural and Planning Board or the chair's designee;
(9) the chair of the Minnesota
Arts Board or the chair's designee; and
(10) the executive
director of Explore Minnesota Tourism or the director's designee.
(b) The following serve
as ex officio, nonvoting members of the commission: (1) two members of the house of representatives,
one each appointed by the speaker of the house and the minority leader of the
house; and (2) two members of the senate, one representing the majority caucus
appointed by the senate majority leader and one representing the minority
caucus appointed by the senate minority leader.
(c)
Appointments to the commission must be made no later than August 1, 2023. The voting members of the commission shall
elect a chair and vice-chair. An
appointee designated by the governor shall convene the commission's first
meeting. Decisions of the commission
must be made by majority vote. The
Minnesota Historical Society must provide office space and administrative
support to the commission.
Subd. 3. Meetings. Meetings of the commission are subject
to Minnesota Statutes, chapter 13D.
Subd. 4. Duties;
form and style of recommended state emblems. The commission shall develop and adopt
a new design for the official state seal and a new design for the official
state flag. The designs must accurately
and respectfully reflect Minnesota's shared history, resources, and diverse
cultural communities. Symbols, emblems,
or likenesses that represent only a single community or person, regardless of
whether real or stylized, may not be included in a design. The commission may solicit and secure the
voluntary service and aid of vexillologists and other persons who have either
technical or artistic skill in flag construction and design, or the design of
official seals, to assist in the work. The
commission must also solicit public feedback and suggestions to inform its
work.
Subd. 5. Report. The commission shall certify its
adopted designs in a report to the legislature and governor no later than
January 1, 2024. The commission's report
must describe the symbols and other meanings incorporated in the design.
Subd. 6. Expiration. The commission expires upon submission
of its report.
Sec. 119. WORKING
GROUP ON YOUTH INTERVENTIONS.
Subdivision 1. Establishment. The working group on youth
interventions is established to develop recommendations on the design of a
regional system of care for youth interventions, sustainable financing models,
and alternatives to criminal penalties. The
working group must evaluate coordinated approaches to youth with high behavioral
health needs with the goal of reducing and eliminating touchpoints with the
justice system as well as identifying community-based services to address youth
needs and identifying gaps in services.
Subd. 2. Membership. (a) The working group consists of the
following members:
(1) a county attorney
appointed by the Minnesota County Attorneys Association;
(2) a public defender
with responsibility for systems in one or more of the counties included in
clause (4), appointed by the State Public Defender's Office;
(3) a peace officer, as
defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c),
federally recognized Indian Tribes within the boundaries of Minnesota, from one
of the counties included in clause (4), appointed by the Minnesota Sheriffs'
Association;
(4) a county
administrator or their designee from each of the following counties:
(i) Anoka County;
(ii) Carver County;
(iii) Dakota County;
(iv) Hennepin County;
(v) Olmsted County;
(vi) Ramsey County;
(vii) Scott County;
(viii) St. Louis
County;
(ix) Stearns County; and
(x) Washington County;
(5) two representatives
of county social services agencies appointed by the Minnesota Association of
County Social Service Administrators;
(6) two representatives
of community supervision appointed by the Minnesota Association of Community
Corrections Act Counties;
(7) two representatives
of community supervision appointed by the Minnesota Association of County
Probation Officers;
(8) two representatives
appointed by the commissioner of human services, one with experience in child
welfare and one with experience in children's mental health;
(9) the commissioner of
corrections, or a designee;
(10) two members
representing culturally competent advocacy organizations, one of which must be
the National Alliance on Mental Illness-Minnesota; and
(11) two members, to be
designated by Hennepin County and Ramsey County, from the community with lived
experience of a juvenile family member who was or is currently involved in the
justice system, one of whom must be a resident of Hennepin County.
(b) Appointments to the
working group must be made by September 1, 2023.
(c) Member compensation
and reimbursement for expenses are governed by Minnesota Statutes, section
15.059, subdivision 3.
(d) None of the members
can be a current legislator.
Subd. 3. Chairs;
meetings. (a) The working
group shall be cochaired by the representative member under subdivision 2,
clause (4), from Hennepin County and the commissioner of corrections or a
designee.
(b) The cochairs shall
convene the first meeting of the working group no later than September 15,
2023.
(c) Task force meetings
are subject to the Minnesota Open Meeting Law under Minnesota Statutes, chapter
13D.
Subd. 4. Administrative
support. The Legislative
Coordinating Commission must provide administrative support and meeting space
for the working group. The commission
may also choose to delegate this authority to Hennepin County.
Subd. 5. Duties. (a) The working group shall assess the current approach to addressing the therapeutic and rehabilitative needs of youth adjudicated to be either children in need of protection services or delinquent. The working group shall evaluate racial disparities as part of the working group duties under this subdivision.
(b) The working group
shall also:
(1) provide the number
of youth currently in these systems;
(2) provide the
demographics of all youth including age, gender, sexual orientation, and race
or ethnicity;
(3) provide the number
of youth currently in out-of-home placement due to their behavioral health
needs broken down by:
(i) therapeutic and
rehabilitative needs of youth; and
(ii) proximity of a
facility to their home or community;
(4) provide the number
of youth currently in an out-of-state residential facility broken down by:
(i) therapeutic and
rehabilitative needs;
(ii) type of facility or
setting;
(iii) location of
facility; and
(iv) county of
residence;
(5) provide the number
of youth awaiting or in need of placement due to no available resource broken
down by:
(i) therapeutic and
rehabilitative needs;
(ii) type of facility or
setting needed; and
(iii) wait time and wait
setting;
(6) provide the total
bed capacity by treatment facility broken down by:
(i) residential
treatment centers;
(ii) which facilities
are state operated;
(iii) which facilities
are county operated; and
(iv) which facilities
are owned or operated by a community provider;
(7) for children who can
access residential treatment, provide the:
(i) average length of
stay;
(ii) average daily cost
per type of placement, and delineate by payor source;
(iii) return or recidivism
rate;
(iv) therapeutic and
rehabilitative needs;
(v) discharge setting,
including whether that is a home, step down program, or runaway; and
(vi) barriers, if any,
to discharge;
(8) describe
community-based programming, various treatment models, how programs operate,
and the types of these services currently being provided in the state,
including licensure model, and provide data specific to current total capacity
and availability, level of care, outcomes, and costs;
(9) provide research
models and best practices across North America, including continuum of care,
program specifics, best metrics, continuous
improvement, entities involved in funding and oversight, outcomes, and costs;
and
(10) describe the role
the state of Minnesota should play in ensuring best practice resources are
available to all children across the state.
Subd. 6. Report. No later than February 15, 2024, the
working group must submit a written report to the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over
human services, public safety, and judiciary on the working group's activities
and recommendations based on the evaluation and information collected under
subdivision 5.
Subd. 7. Expiration. The working group shall expire upon
submission of the report required under subdivision 6, or February 29, 2024, whichever
is later.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 120. LEGISLATIVE
TASK FORCE ON AGING.
Subdivision 1. Establishment. A legislative task force is
established to:
(1) review and develop
state resources for an aging demographic;
(2) identify and
prioritize necessary support for an aging population through statewide and
local endeavors for people to remain in their communities; and
(3) ensure all
aging-related state policies are inclusive of race, gender, ethnicity, culture,
sexual orientation, abilities, and other characteristics that reflect the full
population of the state.
Subd. 2. Duties. The task force shall review:
(1) all current
aging-related governmental functions, programs, and services across all state
departments;
(2) the current plans to
improve health and support services workforce demographics;
(3) current public and
private strategies to:
(i) support family
caregivers for older adults;
(ii) define and support
quality of care and life improvements in long-term care and home care; and
(iii) sustain neighborhoods and
communities for an aging population;
(4) the necessity for
planning and investment in aging in Minnesota to address:
(i) the longevity
economy and the impact it has on the workforce, advancing technology, and
innovations;
(ii) housing options,
land use, transportation, social services, and the health systems;
(iii) availability of
safe, affordable rental housing for aging tenants; and
(iv) coordination
between health services and housing supports;
(5) coordination across
all state agencies, Tribal Nations, cities, and counties to encourage
resolution of aging related concerns; and
(6) from this review,
determine the governmental entity to plan, lead, and implement these recommended
policies and funding for aging Minnesotans across the state.
Subd. 3. Membership. (a) The task force shall include the
following members:
(1) two members from the
house of representatives, one appointed by the speaker of the house and one
appointed by the minority leader;
(2) two members from the
senate, one appointed by the majority leader and one appointed by the minority
leader;
(3) the chair of the
Minnesota Board on Aging, or a board member as designee;
(4) the chair of the
Minnesota Council on Disability, or an agency employee as designee;
(5) the chair of the
Minnesota Indian Affairs Council, or a council member, except the legislative
council member, as designee; and
(6) the director of the
University of Minnesota Center for Healthy Aging and Innovation, or a
University of Minnesota employee as a designee.
(b) The speaker of the
house and the senate majority leader shall appoint a chair and a vice-chair for
the membership of the task force. The
chair and the vice-chair shall rotate after each meeting.
Subd. 4. Meetings. (a) The task force shall meet at least
once per month. The meetings shall take
place in person in the Capitol complex, provided that the chair may direct that
a meeting be conducted electronically if doing so would facilitate public
testimony or would protect the health or safety of members of the task force.
(b) The task force shall
invite input from the public, the leadership of advocacy groups, and provider
organizations.
(c) The chair designated
by the speaker of the house shall convene the first meeting of the task force
no later than August 1, 2023.
Subd. 5. Expenses;
per diem. Members serving on
the task force shall receive the following per diem:
(1) the Board on Aging
task force member who is a volunteer citizen member shall receive the per diem
listed in Minnesota Statutes, section 15.059, subdivision 3;
(2) the Council on
Disability task force member shall not receive a per diem;
(3) the Indian Affairs
Council task force member who is a citizen member shall receive the per diem
listed in Minnesota Statutes, section 15.059, subdivision 3;
(4) the University of
Minnesota task force member shall not receive a per diem; and
(5) legislative members
of the task force shall not receive a per diem.
Subd. 6. Report. The task force shall submit a report
with recommendations to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services finance
and policy and state government by January 15, 2025.
Subd. 7. Expiration. The task force expires January 31,
2025.
EFFECTIVE DATE. This
section is effective July 1, 2023, or when the legislative leaders required to
make appointments to the task force name appointees beginning the day after
final enactment.
Sec. 121. INFRASTRUCTURE
RESILIENCE ADVISORY TASK FORCE.
Subdivision 1. Definition. For purposes of this section,
"task force" means the Infrastructure Resilience Advisory Task Force
established in this section.
Subd. 2. Establishment. The Infrastructure Resilience Advisory
Task Force is established to evaluate issues related
to coordination, sustainability, resiliency, and federal funding on state,
local, and private infrastructure in the state.
Subd. 3. Membership. (a) The task force consists of the
following members:
(1) two members of the
senate, with one appointed by the senate majority leader and one appointed by
the senate minority leader;
(2) two members of the
house of representatives, with one appointed by the speaker of the house and
one appointed by the house minority leader;
(3) the commissioner of
administration;
(4) the commissioner of
agriculture;
(5) the commissioner of
commerce;
(6) the commissioner of
employment and economic development;
(7) the commissioner of
health;
(8) the commissioner of
management and budget;
(9) the commissioner of natural
resources;
(10) the commissioner of
the Pollution Control Agency;
(11) the commissioner of
transportation;
(12) two members
appointed by the governor;
(13) one representative
from a federally recognized Tribal government, appointed by the governor;
(14) one member
appointed by the Association of Minnesota Counties;
(15) one member
appointed by the League of Minnesota Cities;
(16) one member
appointed by the Minnesota Association of Townships;
(17) one member
appointed by the Minnesota chapter of the American Public Works Association;
(18) one member
appointed by the Associated General Contractors of Minnesota;
(19) one member
appointed by each public utility that owns a nuclear-powered electric
generating plant in this state; and
(20) one member
appointed by the Minnesota Municipal Utilities Association.
(b) At its first
meeting, the task force must elect a chair or cochairs by a majority vote of
those members present and may elect a vice-chair as necessary.
Subd. 4. Appointments. (a) The appointing authorities under
subdivision 3 must make the appointments by July 31, 2023.
(b) A commissioner under
subdivision 3 may appoint a designee who is an employee of the respective
agency.
(c) An appointing
authority under subdivision 3, paragraph (a), clauses (12) to (20), may only
appoint an individual who has expertise and experience in asset management,
financial management and procurement, or state and local infrastructure,
whether from the public or private sector.
Expertise and experience may include but is not limited to the following
areas:
(1) asset management
planning, design, construction, management, and operations and maintenance;
(2) infrastructure for
agriculture, communications, drinking water, energy, health, natural resources,
public utilities, stormwater, transportation, or wastewater; and
(3) asset management
planning across jurisdictions and infrastructure sectors.
Subd. 5. Duties. At a minimum, the task force must:
(1) develop objectives
and strategies to:
(i) provide for
effective and efficient management of state, local, and private infrastructure;
(ii) enhance sustainability and
resiliency of infrastructure throughout the state;
(iii) respond to and
mitigate the effects of adverse weather events across the state, including
natural disasters, droughts, and floods; and
(iv) provide for
equitable treatment in areas of persistent poverty and historically
disadvantaged communities;
(2) identify approaches
to enhance infrastructure coordination across jurisdictions, agencies, state
and local government, and public and private sectors, including in planning,
design, engineering, construction, maintenance, and operations;
(3) identify methods to
maximize federal formula and discretionary funds provided to recipients in the
state for infrastructure purposes;
(4) evaluate options for
organizational design of state agencies to meet the purposes under clauses (1)
to (3), including consideration of:
(i) options for
establishment of a board, council, office, or other agency; and
(ii) models in other
states; and
(5) develop findings and
recommendations related to the duties specified in this subdivision.
Subd. 6. Meetings. (a) The commissioner of transportation
must convene the first meeting of the task force no later than October 1, 2023.
(b) The task force must
establish a schedule for meetings and meet as necessary to accomplish the
duties under subdivision 5.
(c) The task force is
subject to the Minnesota Open Meeting Law under Minnesota Statutes, chapter
13D.
Subd. 7. Administration. (a) The Legislative Coordinating
Commission must provide administrative support to the task force and must
assist in creation of the report under subdivision 8.
(b) Upon request of the
task force, a commissioner under subdivision 3 must provide information and
technical support.
(c) Members of the task
force serve without compensation.
Subd. 8. Report
required. By February 1,
2024, the task force must submit a report to the governor and the legislative
committees with jurisdiction over climate, economic development, energy,
infrastructure, natural resources, and transportation. At a minimum, the report must:
(1) summarize the
activities of the task force;
(2) provide findings and
recommendations adopted by the task force; and
(3) include any draft
legislation to implement the recommendations.
Subd. 9. Expiration. The task force expires June 30, 2024.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 122. FORD
BUILDING SITE REDEVELOPMENT; MIXED-USE DEVELOPMENT REQUIRED.
Notwithstanding any law
to the contrary, the commissioner of administration may not prepare or approve
building construction plans for redevelopment of the Ford Building or the Ford
Building property site unless the plans are for mixed-use development and
identify ground-level space for locally owned businesses.
Sec. 123. CAPITOL
BARBER.
The commissioner of
administration must provide suitable space in the Capitol complex for
operations of the Capitol Barber.
Sec. 124. CAPITOL
MALL DESIGN FRAMEWORK.
(a) An update to the
Capitol Mall Design Framework must include:
(1) plans to integrate
green space campuswide, including but not limited to the addition of green
space on the following sites at the approximate sizes indicated:
(i) the southwest corner
of Rice Street and University Avenue, with a minimum size of 20,700 square feet;
(ii) the northeast
corner of Rice Street and University Avenue, with a minimum size of 32,000
square feet; and
(iii) the north side of
the State Capitol building adjacent to University Avenue;
(2) plans for visual
markers and welcome information for the Capitol campus at one or more corners
of Rice Street and University Avenue, anchoring a pathway to the State Capitol
building and Capitol Mall that features interpretive markers honoring the
importance and stature of the Capitol campus as both a historic site and as a
modern, active public gathering space for all Minnesotans; and
(3) plans to plant trees
throughout the Capitol campus, prioritizing the creation of a mature tree
canopy to provide an area of shade for users of the Capitol Mall between or
adjacent to the State Capitol building and Martin Luther King, Jr. Boulevard.
(b) The Capitol Area
Architectural and Planning Board must contract with one or more professional
design consultants with expertise on horticulture, landscape architecture,
civic space design, infrastructure assessment, and operations and maintenance
planning to develop the framework updates.
The board must additionally consult with the commissioners of
administration and public safety and the senate majority leader and the speaker
of the house or their designees before any proposed framework update is
approved. The board must approve the
updated design framework no later than March 1, 2024.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 125. AGENCY
HEAD SALARY REBASING.
The commissioner of
management and budget must rebase the salary of each agency head equal to the
across‑the-board increases not applied
to agency head compensation since rates were last determined, to be effective
July 1, 2023.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 126. COMPENSATION
COUNCIL.
The salary
recommendations for constitutional officers submitted to the legislature by the
Compensation Council on March 31, 2023, are adopted.
Sec. 127. DEADLINE
FOR CERTIFICATION OF APPROPRIATION AMOUNTS FOR LEGISLATURE FOR FISCAL YEARS
2026 AND 2027.
Notwithstanding the
effective date of Minnesota Statutes, section 3.1985, the house of
representatives and senate must each certify to the commissioner of management
and budget the anticipated amount to be appropriated under Minnesota Statutes,
section 3.1985, for fiscal years 2026 and 2027 no later than January 15, 2025,
and must certify the actual amount to be appropriated for fiscal years 2026 and
2027 no later than June 30, 2025.
Sec. 128. INITIAL
APPOINTMENTS; COUNCIL ON LGBTQIA2S+ MINNESOTANS.
The governor and
legislature must make initial appointments to the Council on LGBTQIA2S+
Minnesotans under Minnesota Statutes, section 15.0147, no later than August 1,
2023. The commissioner of administration
must convene the first meeting of the council no later than September 15, 2023.
Sec. 129. OFFICE
OF SMALL AGENCIES; STUDY.
Subdivision 1. Study;
requirements. The
commissioner of administration must review the unique issues faced by small
agencies other than departments of the state as defined in section 15.01. These include boards, commissions, councils,
task forces, and authorities. The study
will assess whether the current support model provides adequate support for the
agencies as well as their volunteer board members. The study will also examine how other states
support their small agencies and provide recommendations on how to most
effectively support these small agencies in their delivery of important
functions of government.
Subd. 2. Report. By February 1, 2024, the commissioner of administration must submit the findings and recommendations of the study to the governor and the chairs and ranking minority members of the legislative committees with primary jurisdiction over state government.
Sec. 130. PREPARATORY
WORK ON EXCLUSIVE REPRESENTATION AND COLLECTIVE BARGAINING FOR LEGISLATIVE
EMPLOYEES.
Subdivision 1. Legislative
employee collective bargaining report.
The executive director of the Legislative Coordinating Commission
must request that the National Conference of State Legislatures prepare a
report on the status of employee collective bargaining rights in state
legislatures. The requested report must
identify existing legislatures that engage in collective bargaining with their
employees and, as applicable, the organizational structure and procedures
adopted to accommodate employee bargaining within those legislative workplaces,
including any structures or procedures that balance the rights of employees to
bargain against the constitutional duty of a legislature to conduct necessary
business, and any structures or procedures to accommodate the distinction
between employees assigned to nonpartisan duties and employees assigned to
duties within a political party caucus. The
executive director must request that the report be prepared no later than
August 1, 2024, and, to the extent practicable, reflect the status of
collective bargaining rights as of that date.
Subd. 2. Consultant. The executive director of the
Legislative Coordinating Commission shall contract with an external consultant
to:
(1) examine issues
related to collective bargaining for employees of the house of representatives,
the senate, and legislative offices; and
(2) develop recommendations for
best practices and options for the legislature to consider in implementing and
administering collective bargaining for employees of the house of
representatives, the senate, and legislative offices.
Subd. 3. Information
gathering. The consultant
must gather input on these issues from employees of the senate, house of
representatives, and the joint offices of the legislature. The consultant must, at a minimum, conduct a
survey of all employees on these matters and conduct interviews with
representative samplings of employees in each type of position in each
legislative body and joint legislative offices, heads of nonpartisan
legislative offices, the executive director of the Legislative Coordinating
Commission, the chief clerk of the house of representatives, the secretary of
the senate, and the human resources directors of the house of representatives
and the senate.
Subd. 4. Report. The contract with the consultant must
require that the consultant submit a report on the consultant's findings and
recommendations by November 1, 2024. At
a minimum, the final report must address considerations on the following
issues:
(1) which employees of
the house of representatives, the senate, and legislative agencies for whom
collective bargaining may or may not be appropriate;
(2) mandatory,
permissive, and prohibited subjects of bargaining;
(3) who would negotiate
on behalf of the house of representatives, the senate, and legislative agencies
and which entity or entities would be considered the employer for purposes of
bargaining;
(4) definitions for
relevant terms;
(5) common public
employee collective bargaining agreement frameworks related to grievance
procedures and processes for disciplinary actions;
(6) procedures related to
certifying exclusive bargaining representatives, determining bargaining units,
adjudicating unfair labor practices, determining representation questions, and
coalition bargaining;
(7) the efficiency and
feasibility of coalition bargaining;
(8) procedures for
approving negotiated collective bargaining agreements;
(9) procedures for
submitting requests for funding to the appropriate legislative committees if
appropriations are necessary to implement provisions of the collective
bargaining agreements;
(10) the National
Conference of State Legislatures report required under subdivision 1 and
approaches taken by other state legislatures that have authorized collective
bargaining for legislative employees; and
(11) draft legislation
for any statutory changes needed to implement recommendations of the consultant
related to the collective bargaining process for legislative employees.
Subd. 5. Administrative
meeting support. The
executive director of the Legislative Coordinating Commission must arrange
working space and administrative support for the consultant, as needed.
Sec. 131. MISSISSIPPI
RIVER PARKWAY COMMISSION; CITIZEN MEMBERS.
Citizens currently
appointed to the Mississippi River Parkway Commission under Minnesota Statutes,
section 161.1419, subdivision 2, for areas following the geographic segments
along the Mississippi River, serve terms as follows:
(1) citizen member
representing Lake Itasca, to but not including the city of Grand Rapids, for a
term ending December 31, 2025;
(2) citizen member representing
Grand Rapids, to but not including the city of Brainerd, for a term ending
December 31, 2025;
(3) citizen member
representing Brainerd, to but not including the city of Elk River, for a term
ending December 31, 2025;
(4) citizen member
representing Elk River, to but not including the city of Hastings, for a term
ending December 31, 2027; and
(5) citizen member
representing Hastings, to the Iowa border, for a term ending December 31, 2027.
Sec. 132. REVISOR
INSTRUCTION.
In the next edition of
Minnesota Statutes and Minnesota Rules and the online publication of Minnesota
Statutes and Minnesota Rules, the revisor of statutes shall change references
to "Christopher Columbus Day" or "Columbus Day" to
"Indigenous Peoples Day" wherever the phrases appear in Minnesota
Statutes and Minnesota Rules.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 133. REPEALER.
Subdivision 1. State
emblems redesign. Minnesota
Statutes 2022, sections 1.135, subdivisions 3 and 5; and 1.141, subdivisions 3,
4, and 6, are repealed, effective May 11, 2024.
Subd. 2. Evergreen
firehall polling place. Minnesota
Statutes 2022, section 383C.806, is repealed.
Subd. 3. Compensation
council. Minnesota Statutes
2022, section 15A.0815, subdivisions 3, 4, and 5, are repealed effective the
day following final enactment.
Subd. 4. Parking
garage debt service waiver. Laws
2014, chapter 287, section 25, as amended by Laws 2015, chapter 77, article 2,
section 78, is repealed.
Subd. 5. Tobacco
securitization bonds. Minnesota
Statutes 2022, section 16A.98, is repealed.
Subd. 6. Strategic
and long-range planning. Minnesota
Statutes 2022, sections 4A.01; 4A.04; 4A.06; 4A.07; 4A.11; and 124D.23,
subdivision 9, are repealed.
Subd. 7. Candidate
advisory council. Minnesota
Statutes 2022, section 136F.03, is repealed.
Subd. 8. Office
of Collaboration and Dispute Resolution; grants. Minnesota Statutes 2022, sections
179.90; and 179.91, are repealed.
Subd. 9. Electric
vehicle charging. Minnesota
Statutes 2022, section 16B.24, subdivision 13, is repealed.
Subd. 10. Solar
energy in state buildings. Minnesota
Statutes 2022, section 16B.323, is repealed.
Subd. 11. Heating
and cooling systems; state-funded buildings. Minnesota Statutes 2022, section
16B.326, is repealed.
ARTICLE 3
LOCAL GOVERNMENT POLICY
Section 1. Minnesota Statutes 2022, section 13D.02, subdivision 1, is amended to read:
Subdivision 1. Conditions. (a) A meeting governed by section 13D.01, subdivisions 1, 2, 4, and 5, and this section may be conducted by interactive technology so long as:
(1) all members of the body participating in the meeting, wherever their physical location, can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one member is present;
(2) members of the public present at the regular meeting location of the body can hear and see all discussion and testimony and all votes of members of the body;
(3) at least one member of the body is physically present at the regular meeting location;
(4) all votes are conducted by roll call so each member's vote on each issue can be identified and recorded; and
(5) each location at which a member of the body is present is open and accessible to the public.
(b) A meeting satisfies the requirements of paragraph (a), although a member of the public body participates from a location that is not open or accessible to the public, if the member has not participated more than three times in a calendar year from a location that is not open or accessible to the public, and:
(1) the member is serving in the military and is at a required drill, deployed, or on active duty; or
(2) the member has been
advised by a health care professional against being in a public place for
personal or family medical reasons. This
clause only applies when a state of emergency has been declared under section
12.31, and expires 60 days after the removal of the state of emergency.
Sec. 2. Minnesota Statutes 2022, section 118A.09, subdivision 1, is amended to read:
Subdivision 1. Definition; qualifying government. (a) "Qualifying government" means:
(1) a county or statutory
or home rule charter city with a population of more than 100,000; or
(2) a county or statutory
or home rule charter city which had its most recently issued general
obligation bonds rated in the highest category by a national bond rating agency;
or whose most recent long-term, senior, general obligation rating by one
or more national rating organizations in the prior 18-month period is AA or
higher.
(3) a self-insurance
pool listed in section 471.982, subdivision 3.
(b) A county or
statutory or home rule charter city with a population of 100,000 or less that
is a qualifying government, but is subsequently rated less than the
highest category by a national bond rating agency on a general obligation bond
issue does not meet the threshold under paragraph (a), clause (2),
may not invest additional funds under this section during any time period
when it does not meet the threshold, but may continue to manage funds
previously invested under subdivision 2.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2022, section 118A.09, subdivision 2, is amended to read:
Subd. 2. Additional investment authority. Qualifying governments may invest the amount described in subdivision 3:
(1) in index mutual funds based in the United States and indexed to a broad market United States equity index, on the condition that index mutual fund investments must be made directly with the main sales office of the fund; or
(2) with the Minnesota
State Board of Investment subject to such terms and minimum amounts as may be
adopted by the board. Index mutual
fund investments must be made directly with the main sales office of the fund.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2022, section 118A.09, subdivision 3, is amended to read:
Subd. 3. Funds. (a) Qualifying governments may only invest under subdivision 2 according to the limitations in this subdivision. A qualifying government under subdivision 1, clause (1) or (2), may only invest its funds that are held for long-term capital plans authorized by the city council or county board, or long-term obligations of the qualifying government. Long-term obligations of the qualifying government include long-term capital plan reserves, funds held to offset long-term environmental exposure, other postemployment benefit liabilities, compensated absences, and other long-term obligations established by applicable accounting standards.
(b) Qualifying governments under subdivision 1, clause (1) or (2), may invest up to 15 percent of the sum of:
(1) unassigned cash;
(2) cash equivalents;
(3) deposits; and
(4) investments.
This (c) The
calculation in paragraph (b) must be based on the qualifying
government's most recent audited statement of net position, which must be
compliant and audited pursuant to governmental accounting and auditing
standards. Once the amount invested
reaches 15 percent of the sum of unassigned cash, cash equivalents, deposits,
and investments, no further funds may be invested under this section; however,
a qualifying government may continue to manage the funds previously invested
under this section even if the total amount subsequently exceeds 15 percent of
the sum of unassigned cash, cash equivalents, deposits, and investments.
(c) A qualified
government under subdivision 1, clause (3), may invest up to the lesser of:
(1) 15 percent of the
sum of its cash, cash equivalents, deposits, and investments; or
(2) 25 percent of its
net assets as reported on the pool's most recent audited statement of net
position, which must be compliant and audited pursuant to governmental
accounting and auditing standards.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 5. [118A.10]
SELF-INSURANCE POOLS; ADDITIONAL INVESTMENT AUTHORITY.
Subdivision 1. Definition. For the purposes of this section,
"qualifying government" means a self-insurance pool listed in section
471.982, subdivision 3.
Subd. 2. Additional
investment authority. (a) A
qualifying government may invest in the securities specified in section 11A.24,
with the exception of specific investments authorized under section 11A.24,
subdivision 6, paragraph (a), clauses (1) to (5).
(b) Investments
authorized under this section are subject to the limitations under section
11A.24.
(c) A qualifying
government may invest with the State Board of Investment subject to the terms
and minimum amounts adopted by the State Board of Investment.
Subd. 3. Approval. Before investing pursuant to this
section, the governing body of a qualifying government must adopt an investment
policy pursuant to a resolution that includes both of the following statements:
(1) the governing body
understands that investments under this section have a risk of loss; and
(2) the governing body
understands the type of funds that are being invested and the specific
investment itself.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 6. [134.114]
RAMSEY COUNTY LIBRARY ADVISORY BOARD.
Subdivision 1. Appointment. The Ramsey County Board of
Commissioners shall direct, operate, and manage the suburban Ramsey County
library system. The county board shall appoint
seven members to a suburban Ramsey County Library Advisory Board. All members must reside in the suburban
county library service area. The Ramsey
County Library Advisory Board shall replace the existing Ramsey County Library
Board upon the effective date of this section.
Subd. 2. Powers
and duties. The Ramsey County
Library Advisory Board shall provide advice and make recommendations on matters
pertaining to county library services. The
Ramsey County Library Advisory Board shall provide recommendations regarding
integrated county service delivery that impacts or is enhanced by library
services. The county board may delegate
additional powers and duties to the Ramsey County Library Advisory Board.
EFFECTIVE DATE. This
section is effective the day after the governing body of Ramsey County and its
chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 7. [134.115]
ANOKA COUNTY LIBRARY ADVISORY BOARD.
Subdivision 1. Appointment. The Anoka County Board of
Commissioners shall direct, operate, and manage the suburban Anoka County
library system. The county board shall
appoint seven members to a suburban Anoka County Library Advisory Board. All members must reside in the suburban
county library service area. The Anoka
County Library Advisory Board shall replace the existing Anoka County Library
Board upon the effective date of this section.
Subd. 2. Powers
and duties. The Anoka County
Library Advisory Board shall provide advice and make recommendations on matters
pertaining to county library services. The
Anoka County Library Advisory Board shall provide recommendations regarding
integrated county service delivery that impacts or is enhanced by library
services. The county board may delegate
additional powers and duties to the Anoka County Library Advisory Board.
EFFECTIVE DATE. This
section is effective the day after the governing body of Anoka County and its
chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 8. Minnesota Statutes 2022, section 383B.145, is amended by adding a subdivision to read:
Subd. 11. Solicitations
to small business enterprises or veteran-owned small businesses. Notwithstanding the contract threshold
of section 471.345, subdivision 4, a contract, as defined in section 471.345,
subdivision 2, estimated not to exceed $500,000 may be made pursuant to the
provisions of section 471.345, subdivision 4, provided that a business that is
directly solicited is certified as either:
(1) a small business enterprise; or (2) a small business that is
majority-owned and operated by a veteran or a service-disabled veteran.
Sec. 9. [412.925]
NATIVE LANDSCAPES.
(a) A statutory city or
home rule charter city shall allow an owner, authorized agent, or authorized
occupant of any privately owned lands or premises to install and maintain a
managed natural landscape. For purposes
of this section, the following terms have the meanings given:
(1) "managed
natural landscape" means a planned, intentional, and maintained planting
of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees,
including but not limited to rain gardens, meadow vegetation, and ornamental
plants. Managed natural landscapes does
not include turf-grass lawns left unattended for the purpose of returning to a
natural state;
(2) "meadow
vegetation" means grasses and flowering broad-leaf plants that are native
to, or adapted to, the state of Minnesota, and that are commonly found in
meadow and prairie plant communities, not including noxious weeds. "Noxious weed" has the meaning
given in section 18.77, subdivision 8;
(3) "ornamental
plants" means grasses, perennials, annuals, and groundcovers purposely
planted for aesthetic reasons;
(4) "rain garden"
means a native plant garden that is designed not only to aesthetically improve
properties, but also to reduce the amount of stormwater and accompanying
pollutants from entering streams, lakes, and rivers; and
(5) "turf-grass
lawn" means a lawn composed mostly of grasses commonly used in regularly
cut lawns or play areas, including but not limited to bluegrass, fescue, and
ryegrass blends, intended to be maintained at a height of no more than eight
inches.
(b) Managed natural
landscapes may include plants and grasses that are in excess of eight inches in
height and have gone to seed, but may not include any noxious weeds and must be
maintained.
(c) Except as part of a
managed natural landscape as defined in this section, any weeds or grasses
growing upon any lot or parcel of land in a city to a greater height than eight
inches or that have gone or are about to go to seed are prohibited.
Sec. 10. Minnesota Statutes 2022, section 428A.01, is amended by adding a subdivision to read:
Subd. 7. Multiunit
residential property. "Multiunit
residential property" means:
(1) property classified
as class 4a under section 273.13, subdivision 25, paragraph (a);
(2) condominiums, as
defined under section 515A.1-103, clause (7), that are classified as class 1a
under section 273.13, subdivision 22, paragraph (a); class 4b under section
273.13, subdivision 25, paragraph (b), clause (1); class 4bb under section
273.13, subdivision 25, paragraph (c), clause (1); or condominiums under
chapters 515 and 515A established prior to the enactment of the Minnesota
Common Interest Ownership act under chapter 515B;
(3) condominium-type storage
units classified as class 4bb under section 273.13, subdivision 25, paragraph
(c), clause (3); and
(4) duplex or triplex
property classified as class 1a under section 273.13, subdivision 22, paragraph
(a); or classified as class 4b under section 273.13, subdivision 25, paragraph
(b), clause (1).
Multiunit residential property does not
include any unit that is an affordable housing unit classified as 4d low‑income
rental housing under section 273.13, subdivision 25, paragraph (e).
EFFECTIVE DATE. This
section is effective for the establishment or enlargement of a special service
district after July 1, 2023.
Sec. 11. Minnesota Statutes 2022, section 428A.01, is amended by adding a subdivision to read:
Subd. 8. Nonresidential
property. "Nonresidential
property" means property that is classified under section 273.13 and used
for commercial, industrial, or public utility purposes, or is zoned for vacant
land or designated on a land use plan for commercial or industrial use.
EFFECTIVE DATE. This
section is effective for the establishment or enlargement of a special service
district after July 1, 2023.
Sec. 12. Minnesota Statutes 2022, section 428A.02, subdivision 1, is amended to read:
Subdivision 1. Ordinance. The governing body of a city may adopt an
ordinance establishing a special service district. Only nonresidential and multiunit
residential property that is classified under section 273.13 and used
for commercial, industrial, or public utility purposes, or is vacant land zoned
or designated on a land use plan for commercial or industrial use and
located in the special service district, may be subject to the charges
imposed by the city on the special service district. Other types of property may be included
within the boundaries of the special service district but are not subject to
the levies or charges imposed by the city on the special service district. If 50 percent or more of the estimated market
value of a parcel of property is classified under section 273.13 as commercial,
industrial, or vacant land zoned or designated on a land use plan for
commercial or industrial use, or public utility for the current assessment
year, then the entire taxable market value of the property is subject to a
service charge based on net tax capacity for purposes of sections 428A.01 to
428A.10. The ordinance shall describe
with particularity the area within the city to be included in the district and
the special services to be furnished in the district. The ordinance may not be adopted until after
a public hearing has been held on the question.
Notice of the hearing shall include the time and place of hearing, a map
showing the boundaries of the proposed district, and a statement that all
persons owning property in the proposed district that would be subject to a
service charge will be given opportunity to be heard at the hearing. Within 30 days after adoption of the
ordinance under this subdivision, the governing body shall send a copy of the
ordinance to the commissioner of revenue.
EFFECTIVE DATE. This
section is effective for the establishment or enlargement of a special service
district after July 1, 2023.
Sec. 13. Minnesota Statutes 2022, section 428A.03, is amended by adding a subdivision to read:
Subd. 4. Common
interest community charges. Service
charges may not be imposed on a unit in a common interest community for a
service that is ordinarily provided by the unit's owner's association unless an
increased level of service is provided by the special service district. A unit in a common interest community is
defined under section 515B.1-103, clause (10), and also includes common
interest communities under chapters 515 and 515A that were established prior to
the enactment of the Minnesota Common Interest Ownership Act under chapter
515B.
EFFECTIVE DATE. This
section is effective for the establishment or enlargement of a special service
district after July 1, 2023.
Sec. 14. Minnesota Statutes 2022, section 471.345, is amended by adding a subdivision to read:
Subd. 3b. Contracts
over $175,000; construction manager at risk alternative. As an alternative to the procurement
methods described in subdivisions 3 and 3a, municipalities may award a contract
for construction, alteration, repair, or maintenance work to a construction
manager at risk as provided in section 471.463.
Sec. 15. [471.463]
CONSTRUCTION MANAGER AT RISK.
Subdivision 1. Definitions. (a) For purposes of this section, the
terms in this subdivision have the meanings given.
(b) "Construction
manager at risk" means a person who is selected by a municipality to act
as a construction manager to manage the construction process, including but not
limited to responsibility for the price, schedule, and workmanship of the
construction performed according to the procedures in this section.
(c) "Construction
manager at risk contract" means a contract for construction of a project
between a construction manager at risk and a municipality, which shall include
a guaranteed maximum price, construction schedule, and workmanship of the
construction performed.
(d) "Guaranteed
maximum price" means the maximum amount that a construction manager at
risk is paid pursuant to a contract to perform a defined scope of work.
(e) "Guaranteed
maximum price contract" means a contract under which a construction
manager or subcontractor is paid on the basis of the actual cost to perform the
work specified in the contract plus an amount for overhead and profit, the sum
of which must not exceed the guaranteed maximum price in the contract.
(f)
"Municipality" has the meaning given under section 471.345,
subdivision 1.
(g) "Past
performance" or "experience" does not include the exercise or
assertion of a person's legal rights.
(h) "Person"
means an individual, corporation, partnership, association, or other legal
entity.
(i) "Project"
means an undertaking to construct, alter, or enlarge a building, structure, or
other improvement, except a street, road, highway, or bridge, by or for a
municipality.
(j) "Request for
proposals" means the document or publication soliciting proposals for a
construction manager at risk contract as provided in this section.
(k) "Request for
qualifications" means the document or publication soliciting
qualifications for a construction manager at risk contract as provided in this
section.
(l) "Trade contract
work" means labor, materials, or equipment furnished by contractors or
vendors that are incorporated into the completed project or are major
components of the means of construction.
Work performed by trade contractors involves specific portions of the
project, but not the entire project.
Subd. 2. Authority. Notwithstanding any other law to the
contrary, a municipality may use a construction manager at risk method of
project delivery and award a construction manager at risk contract based on the
selection criteria described in this section.
Subd. 3. Solicitation
of qualifications. (a) A
request for qualifications must be prepared for each construction manager at
risk contract as provided in this section.
The request for qualifications must contain, at a minimum, the following
elements:
(1) procedures for submitting
qualifications, the criteria and subcriteria for evaluating the qualifications
and the relative weight for each criteria and subcriteria, and the procedures
for making awards in an open, competitive, and objective manner, applying a
scoring or trade-off evaluation method, including a reference to the
requirements of this section;
(2) the proposed terms
and conditions for the contract;
(3) the desired
qualifications of the construction manager at risk;
(4) the schedule for
commencement and completion of the project;
(5) any applicable
budget limits for the project;
(6) the requirements for
insurance and statutorily required performance and payment bonds; and
(7) the identification
and location of any other information in the possession or control of a
municipality that the municipality determines is material, including surveys,
soil reports, drawings or models of existing structures, environmental studies,
photographs, or references to public records.
(b) The request for qualifications
criteria must not impose unnecessary conditions beyond reasonable requirements
to ensure maximum participation of construction managers at risk. The criteria must not consider the collective
bargaining status of the construction manager at risk.
(c) The request for
qualifications criteria may include a requirement that the proposer include the
cost for the proposer's services.
(d) Notice of requests
for qualifications must be advertised in a manner designated by the
municipality.
Subd. 4. Construction
manager at risk selection process. (a)
In a construction manager at risk selection process, the following apply:
(1) upon determining to
utilize a construction manager at risk for a project, a municipality shall
create a selection committee composed of a minimum of three persons, at least
one of whom has construction industry expertise; and
(2) a municipality shall
establish procedures for determining the appropriate content of a request for
qualifications, as provided in subdivision 3.
(b) In accordance with
the criteria and procedures set forth in the request for qualifications, the
selection committee shall evaluate the experience of a proposer as a
construction manager at risk, including but not limited to capacity of key
personnel, technical competence, capability to perform, past performance of the
firm and its employees, safety record and compliance with state and federal
law, availability to and familiarity with the project locale, and other
appropriate facts submitted by the proposer in response to the request for
qualifications.
(c) A municipality must receive at least two proposals from construction managers or the municipality may:
(1) solicit new proposals;
(2) revise the request for qualifications and then solicit new proposals using the revised request for qualifications;
(3) select another allowed procurement method; or
(4) reject all proposals.
(d) The selection committee shall review the qualification of each proposer and create a short list of two to five proposers.
(e) A municipality shall
issue a request for proposals requiring cost and other information as desired
from the short-listed proposers.
(f) The selection
committee may conduct formal interviews with the short-listed proposers but
shall not disclose any proprietary or confidential information contained in one
proposal to another proposer, and shall rank the proposers by applying a
scoring or trade-off evaluation method. The
scoring or trade-off evaluation method must be described in the request for
proposals.
Subd. 5. Construction
manager at risk contract. (a)
A municipality shall conduct contract negotiations with the highest ranked
proposer to reach an agreement on the cost and terms of the contract. If an agreement cannot be reached with the
highest ranked proposer, the municipality may begin negotiations with the next
highest ranked proposer. The negotiation
process continues until an agreement is reached with a proposer or the
municipality rejects all proposals.
(b) The construction
manager at risk shall competitively bid all trade contract work for the project
from a list of qualified firms. The list
of qualified firms may be limited to qualified Small Business Enterprise firms,
Disadvantaged Business Enterprise firms, or both, subject to availability of
such qualified firms for the specific work.
The list of qualified firms must be based on an open, competitive, and
objective prequalification process in which the selection criteria, approved by
the municipality, may include but is not limited to the firm's experience as a
constructor, including capacity of key personnel, technical competence,
capability to perform, past performance of the firm and its employees, safety
record and compliance with state and federal law, availability to and
familiarity with the project locale, Small Business Enterprise or Disadvantaged
Business Enterprise certification, and other considerations as defined by the
construction manager at risk and the municipality. The construction manager at risk and the
municipality shall jointly determine the composition of the list of qualified
firms. With the municipality's approval,
upon request, the construction manager at risk may also submit bids for trade
contract work if the construction manager at risk does not participate in the
municipality's review of the bids or selection decision.
(c) The construction
manager at risk and the municipality shall enter into a guaranteed maximum
price contract for the project.
Sec. 16. [471.585]
MUNICIPAL HOTEL LICENSING.
(a) A statutory or home
rule charter city or a town may adopt an ordinance requiring hotels as defined
in section 327.70, subdivision 3, operating within the boundaries of the city
or town to have a valid license issued by the city or town. An annual fee for a license under this
section may not exceed $150.
(b) An ordinance adopted
under this section is limited to requiring compliance with state and local laws
as a condition of licensure. No other
licensing conditions or requirements are permitted.
(c) A city or town that
has adopted an ordinance under this section may refuse to issue a license, or
may revoke an existing license, if the hotel fails to comply with the
conditions of the license.
Sec. 17. Minnesota Statutes 2022, section 473.606, subdivision 5, is amended to read:
Subd. 5. Employees,
others, affirmative action; prevailing wage.
The corporation shall have the power to appoint engineers and other
consultants, attorneys, and such other officers, agents, and employees as it
may see fit, who shall perform such duties and receive such compensation as the
corporation may determine notwithstanding the provisions of section 43A.17,
subdivision 9, and be removable at the pleasure of the corporation. The corporation must adopt an affirmative
action plan, which shall be submitted to the appropriate agency or office of
the state for review and approval. The
plan must include a yearly progress report to the agency or office. Whenever the corporation performs any work
within the limits of a city of the first class, or establishes a minimum wage
for skilled or unskilled labor in the specifications or any contract for work
within one of the cities, the rate of pay to such skilled and unskilled labor
must be the prevailing rate of wage for such labor in that city.
Sec. 18. Minnesota Statutes 2022, section 473.704, subdivision 3, is amended to read:
Subd. 3. Director;
to be entomologist. It may
employ and fix the duties and compensation of a director who shall develop the
control programs of the district and shall supervise its execution; such
director shall be an entomologist.
Sec. 19. HENNEPIN
COUNTY; CONSTRUCTION MANAGER AT RISK SELECTION.
Notwithstanding Minnesota Statutes, section 471.463, or any other law to the contrary, Hennepin County may proceed to select a construction manager at risk if:
(1) the county receives only one proposal from a construction manager for a project; and
(2) the county determines the construction manager at risk marketplace is limited and the benefit of issuing a new solicitation is not practicable.
EFFECTIVE DATE. This section is effective the day after the governing body of Hennepin County and its chief clerical officer comply with the requirements of Minnesota Statutes, section 645.021, subdivisions 2 and 3.
Sec. 20. ST. PAUL;
DESIGN-BUILD AUTHORIZATION.
Notwithstanding
Minnesota Statutes, section 471.345, or any other law to the contrary, the city
of St. Paul may solicit and award a design-build contract for the East
Side Skate Park project at Eastside Heritage Park on the basis of a best value
selection process. The city must
consider at least three proposals when awarding a design-build contract under
this section.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 21. ST. CLOUD
REGIONAL AIRPORT; ON-SALE LICENSE.
Notwithstanding any law
or ordinance to the contrary, the city of St. Cloud may issue an on-sale
intoxicating liquor license to a restaurant in the St. Cloud Regional
Airport. The license authorized by this
section may be issued for a space that is not compact and contiguous.
EFFECTIVE DATE. This
section is effective upon approval by the St. Cloud City Council and
compliance with Minnesota Statutes, section 645.021.
Sec. 22. REPEALER.
(a) Minnesota Statutes
2022, section 383B.143, subdivisions 2 and 3, are repealed.
(b) Minnesota Statutes
2022, section 43A.17, subdivision 9, is repealed.
Sec. 23. EFFECTIVE
DATE.
Sections 17 and 22,
paragraph (b), are effective the day following final enactment.
ARTICLE 4
ELECTIONS ADMINISTRATION
Section 1. [2.012]
TWELFTH DISTRICT.
Subdivision 1. Senate
district. Notwithstanding the
order of the Minnesota Special Redistricting Panel in Wattson v. Simon, Nos. A21-0243,
A21-0546 (February 15, 2022), Senate District 12 consists of the district as
described in that order, with the modification contained in file L12B-1, on
file with the Geographic Information Systems Office of the Legislative
Coordinating Commission and published on its website on April 27, 2022.
Subd. 2. House
of representatives districts. Notwithstanding
the order of the Minnesota Special Redistricting Panel in Wattson v. Simon, Nos. A21-0243,
A21-0546 (February 15, 2022), Senate District 12 is divided into two house of
representatives districts as follows:
(a) House of
Representatives District 12A consists of the district as described in that
order.
(b) House of
Representatives District 12B consists of all territory of Senate District 12,
as modified by subdivision 1, that is not included in House of Representatives
District 12A.
EFFECTIVE DATE. This
section is effective for the state primary and state general elections
conducted in 2024 for terms of office beginning on the first Monday in January
of 2025, and for all elections held thereafter.
Sec. 2. [2.109]
NINTH DISTRICT.
Subdivision 1. Senate
district. Notwithstanding the
order of the Minnesota Special Redistricting Panel in Wattson v. Simon, Nos. A21-0243,
A21-0546 (February 15, 2022), Senate District 9 consists of the district as
described in that order, with the modification contained in file L12B-1, on
file with the Geographic Information Systems Office of the Legislative
Coordinating Commission and published on its website on April 27, 2022.
Subd. 2. House
of representatives districts. Notwithstanding
the order of the Minnesota Special Redistricting Panel in Wattson v. Simon, Nos. A21-0243,
A21-0546 (February 15, 2022), Senate District 9 is divided into two house of representatives
districts as follows:
(a) House of Representatives District 9A consists of the dis