Journal of the House - 74th Day - Friday, May 19, 2023 - Top of Page 9585

 

 

STATE OF MINNESOTA

 

 

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.


Journal of the House - 74th Day - Friday, May 19, 2023 - Top of Page 9586

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.


Journal of the House - 74th Day - Friday, May 19, 2023 - Top of Page 9587

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


Journal of the House - 74th Day - Friday, May 19, 2023 - Top of Page 9588

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:


Journal of the House - 74th Day - Friday, May 19, 2023 - Top of Page 9589

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

STATE GOVERNMENT AND ELECTIONS APPROPRIATIONS

 

      Section 1.  STATE GOVERNMENT AND ELECTIONS APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2024" and "2025" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.  "The first year" is fiscal year 2024.  "The second year" is fiscal year 2025.  "The biennium" is fiscal years 2024 and 2025.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2024

2025

 

      Sec. 2.  LEGISLATURE

 

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$153,255,000

 

$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

 

41,045,000

 

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

 

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

 

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.


Journal of the House - 74th Day - Friday, May 19, 2023 - Top of Page 9590

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

 

$14,965,000

 

$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

 

$56,296,000

 

$43,825,000

 

Appropriations by Fund

 

 

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


Journal of the House - 74th Day - Friday, May 19, 2023 - Top of Page 9591

$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

 

$13,470,000

 

$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

 

$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

 

$139,000

 

$139,000

 

      Sec. 9.  ADMINISTRATIVE HEARINGS

 

$12,528,000

 

$10,510,000

 

Appropriations by Fund

 

 

2024

 

2025

General

2,760,000

694,000

Workers' Compensation

9,768,000

9,816,000

 

      Sec. 10.  INFORMATION TECHNOLOGY SERVICES

$90,215,000

 

$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.


Journal of the House - 74th Day - Friday, May 19, 2023 - Top of Page 9592

(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

 

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$73,623,000

 

$46,421,000

 

The base for this appropriation is $35,746,000 in fiscal year 2026 and $35,758,000 in fiscal year 2027.


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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.


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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

 

2,574,000

 

2,645,000

 

      Subd. 4.  Fiscal Agent

 

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


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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.


Journal of the House - 74th Day - Friday, May 19, 2023 - Top of Page 9596

           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.


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           Sec. 14.  REVENUE

 

 

 

 

 

      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.


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           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.


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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.


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           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.


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(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.


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           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.


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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


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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.


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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.


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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.


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(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.


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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;


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(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;


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(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.


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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.


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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).


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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.


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(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.


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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.


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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.


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(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.


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(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.


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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.


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(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;


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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.


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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.


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(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;


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(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.


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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.


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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;


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(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.


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(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.


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(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:


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(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


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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


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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;


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(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


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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.


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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.


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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.


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(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.


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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.


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(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;


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(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


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(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;


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(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.


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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


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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.


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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.


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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;


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(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.


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(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


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(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;


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(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


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(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.


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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.


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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.


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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.


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(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.


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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;


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(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;


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(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.


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(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.


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(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;


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(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.


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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;


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(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


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(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.


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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;


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(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;


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(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.


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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.


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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


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(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;


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(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.


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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.


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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.


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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.


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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;


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(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.


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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.


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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;


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(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.


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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.


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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 district as described in that order.

 

(b) House of Representatives District 9B consists of all territory of Senate District 9, as modified by subdivision 1, that is not included in House of Representatives District 9A.