STATE
OF MINNESOTA
Journal of the
House
NINETY-FOURTH SESSION - 2025
_____________________
TWENTY-SEVENTH LEGISLATIVE DAY
Saint Paul, Minnesota, Tuesday,
April 29, 2025
The House of Representatives convened at
11:00 a.m. and was called to order by Lisa Demuth, Speaker of the House.
The members of the House paused for a
brief meditation or moment of reflection.
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
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
A quorum was present.
Lawrence and Schultz were excused until
3:05 p.m.
Pursuant to Rule 10.05, relating to Remote
House Operations, the Speaker permitted the following member to vote via remote
means: McDonald.
Pursuant to Rule 10.05, relating to Remote
House Operations, the DFL Caucus Leader permitted the following member to vote
via remote means: Hussein.
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.
REPORTS OF
CHIEF CLERK
S. F. No. 2200 and
H. F. No. 104, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Feist moved that
S. F. No. 2200 be substituted for H. F. No. 104
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2370 and
H. F. No. 1615, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Stephenson moved that
S. F. No. 2370 be substituted for H. F. No. 1615
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2511 and
H. F. No. 2027, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
O'Driscoll moved that
S. F. No. 2511 be substituted for H. F. No. 2027
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND
DIVISIONS
Stephenson and Torkelson from the Committee on Ways and Means to which was referred:
S. F. No. 3045, A bill for an act relating to state government operations; establishing a biennial budget; appropriating money for the legislature, certain constitutional offices and state agencies, the Minnesota Historical Society, the Minnesota Humanities Center, certain retirement accounts, certain offices, departments, boards, commissions, councils, general contingent account, and tort claims; transferring money; raising fees; making changes to policy provisions for state government operations and local government policy; modifying state personnel management policies; modifying business filing and fraud policies; creating a task force; repealing provisions; modifying various laws related to election administration; modifying voting and absentee voting requirements and procedures; formalizing the election reporting system; clarifying terminology; expanding laws relating to reprisals for political activity; expanding election-related bribery and solicitation prohibitions; amending fair campaign practices laws; requiring the Campaign Finance and Public Disclosure Board to study campaign spending limits; modifying campaign finance definitions; establishing and modifying disclaimer requirements; amending standards for coordinated and noncoordinated expenditures and disbursements; modifying laws on transition expenses; modifying campaign finance definitions; modifying statement of economic interest requirements; modifying payment for the presidential nomination primary; providing for civil causes of action and civil enforcement; providing criminal and civil penalties; authorizing rulemaking; repealing the voting equipment grant account; requiring reports and publications; amending Minnesota Statutes 2024, sections 3.06; 3.084, subdivision 2; 3.971, subdivisions 2, 8a, 9; 10A.01, subdivisions 16a, 18, 21, 22, 24, 26, 26b, 35, by adding a subdivision; 10A.04, subdivisions 4, 6; 10A.06; 10A.07, subdivisions 1, 2; 10A.08, subdivision 1; 10A.09, subdivisions 1, 5, 5a, 6a; 10A.175, by adding a subdivision; 10A.176; 10A.177; 10A.20, by adding a subdivision; 10A.201, subdivision 6; 10A.202, subdivision 4; 10A.36; 11A.24, by adding a subdivision; 13.485, subdivision 1,
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
STATE GOVERNMENT APPROPRIATIONS
|
Section 1. APPROPRIATIONS. |
The sums shown in the
columns marked "Appropriations" are appropriated to the agencies and
for the purposes specified in this article.
The appropriations are from the general fund, or another named fund, and
are available for the fiscal years indicated for each purpose. The figures "2026" and
"2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027,
respectively. "The first year"
is fiscal year 2026. "The second
year" is fiscal year 2027. "The
biennium" is fiscal years 2026 and 2027.
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APPROPRIATIONS |
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|
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Available for the
Year |
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|
|
|
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Ending June 30 |
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2026 |
2027 |
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Sec. 2. LEGISLATURE
|
|
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Subdivision 1. Total
Appropriation |
|
$114,268,000 |
|
$114,389,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
|
Subd. 2. Senate
|
|
38,953,000 |
|
38,953,000 |
The base for this
appropriation is $39,703,000 in fiscal year 2028 and each fiscal year
thereafter.
|
Subd. 3. House
of Representatives |
|
42,375,000 |
|
41,162,000 |
The base for this
appropriation is $39,437,000 in fiscal year 2028 and $39,436,000 in fiscal year
2029.
|
Subd. 4. Legislative
Coordinating Commission |
|
32,940,000 |
|
34,274,000 |
The base for this
appropriation is $34,283,000 in fiscal year 2028 and $34,284,000 in fiscal year
2029.
Legislative Auditor. $12,654,000
the first year and $13,147,000 the second year are for the Office of the
Legislative Auditor.
Revisor of Statutes. $9,388,000
the first year and $9,769,000 the second year are for the Office of the Revisor
of Statutes.
Legislative Reference Library.
$2,278,000 the first year and $2,369,000 the second year are for
the Legislative Reference Library.
Legislative Budget Office.
$2,800,000 the first year and $2,965,000 the second year are for
the Legislative Budget Office.
|
Sec. 3. GOVERNOR
AND LIEUTENANT GOVERNOR |
$9,231,000 |
|
$9,231,000 |
(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 |
|
$15,497,000 |
|
$16,101,000 |
The base for this
appropriation is $16,034,000 in fiscal year 2028 and $16,064,000 in fiscal year
2029.
|
Sec. 5. ATTORNEY
GENERAL |
|
$48,854,000 |
|
$48,237,000 |
The general fund base for
this appropriation is $44,821,000 in fiscal year 2028 and $44,462,000 in fiscal
year 2029.
|
Appropriations by Fund |
||
|
|
2026 |
2027 |
|
General |
45,438,000 |
44,821,000 |
|
State Government Special Revenue |
3,021,000 |
3,021,000 |
|
Environmental |
145,000 |
145,000 |
|
Remediation |
250,000 |
250,000 |
|
Sec. 6. SECRETARY
OF STATE |
|
$13,120,000 |
|
$13,004,000 |
The base for this
appropriation is $12,934,000 in fiscal year 2028 and $13,004,000 in fiscal year
2029.
|
Sec. 7. STATE
BOARD OF INVESTMENT |
|
$139,000 |
|
$139,000 |
|
Sec. 8. ADMINISTRATIVE
HEARINGS |
|
$11,110,000 |
|
$11,709,000 |
|
Appropriations by Fund |
||
|
|
2026 |
2027 |
|
General |
705,000 |
715,000 |
|
Workers'
Compensation |
10,405,000 |
10,994,000 |
|
Sec. 9. INFORMATION
TECHNOLOGY SERVICES |
$10,153,000 |
|
$10,172,000 |
The base for this
appropriation is $10,222,000 in fiscal year 2028 and each fiscal year
thereafter.
During the biennium ending
June 30, 2027, 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.
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Sec. 10. ADMINISTRATION |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$36,976,000 |
|
$36,985,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
|
Subd. 2. Government
and Citizen Services |
|
17,067,000 |
|
17,075,000 |
The general fund base for
this appropriation is $17,131,000 in fiscal year 2028 and each fiscal year
thereafter.
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.
|
Subd. 3. Strategic
Management Services |
|
2,639,000 |
|
2,639,000 |
|
Subd. 4. Fiscal
Agent |
|
17,270,000 |
|
17,271,000 |
The appropriations under
this subdivision are to the commissioner of administration for the purposes
specified.
In Lieu of Rent. $12,566,000
the first year and $12,567,000 the second year are 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.
(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)
$1,242,000 each year is for community service grants to public educational
radio stations. This appropriation may
be used to disseminate emergency information in foreign languages. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year. The Association of Minnesota Public
Educational Radio Stations may use up to four percent of this appropriation to
help the organization and its member stations to better serve Minnesota's
communities.
(b)
$142,000 each year is for equipment grants to public educational radio stations. This appropriation may be used for the repair,
rental, purchase, and upgrade of equipment and software, including computer
software, applications, firmware, and equipment under $500.
(c) $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.
(d) The appropriations in
paragraphs (a) to (c) may not be used for indirect costs claimed by an
institution or governing body.
(e) The commissioner of
administration must consider the recommendations of the Association of
Minnesota Public Educational Radio Stations before awarding grants under
Minnesota Statutes, section 129D.14, using the appropriations in paragraphs (a)
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.
(f) 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.
|
Sec. 11. CAPITOL
AREA ARCHITECTURAL AND PLANNING BOARD |
$464,000 |
|
$472,000 |
|
Sec. 12. MINNESOTA
MANAGEMENT AND BUDGET |
$52,181,000 |
|
$52,181,000 |
The general fund base for this
appropriation is $52,206,000 in fiscal year 2028 and each fiscal year thereafter.
|
Sec. 13. REVENUE
|
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$216,816,000 |
|
$213,818,000 |
|
Appropriations by Fund |
||
|
|
2026 |
2027 |
|
General |
212,556,000 |
209,558,000 |
|
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 $209,557,000 in fiscal year 2028 and $209,558,000 in
fiscal year 2029.
|
Subd. 2. Tax System Management |
|
181,837,000 |
|
178,913,000 |
|
Appropriations by Fund |
||
|
General |
177,577,000 |
174,653,000 |
|
Health Care
Access |
1,760,000 |
1,760,000 |
|
Highway User Tax Distribution |
2,195,000 |
2,195,000 |
|
Environmental |
305,000 |
305,000 |
Taxpayer Assistance and Tax Credit Outreach Grants. (a) $1,250,000 each year is for
taxpayer assistance grants under Minnesota Statutes, section 270C.21,
subdivision 3. The unencumbered balance
in the first year does not cancel but is available for the second year.
(b) $1,500,000 each year is
for tax credit outreach grants under Minnesota Statutes, section 270C.21,
subdivision 4.
|
Subd. 3. Debt
Collection Management |
|
34,979,000 |
|
34,905,000 |
|
Sec. 14. GAMBLING
CONTROL BOARD |
|
$6,334,000 |
|
$6,334,000 |
These appropriations are
from the lawful gambling regulation account in the special revenue fund.
|
Sec. 15. RACING
COMMISSION |
|
$954,000 |
|
$954,000 |
These appropriations are
from the racing and card playing regulation accounts in the special revenue fund.
|
Sec. 16. STATE
LOTTERY |
|
|
|
|
Notwithstanding Minnesota
Statutes, section 349A.10, subdivision 3, the State Lottery's operating budget
must not exceed $45,000,000 in fiscal year
2026 and $45,000,000 in fiscal year 2027.
|
Sec. 17. AMATEUR
SPORTS COMMISSION |
|
$401,000 |
|
$411,000 |
|
Sec. 18. COUNCIL
FOR MINNESOTANS OF AFRICAN HERITAGE |
$828,000 |
|
$840,000 |
|
Sec. 19. COUNCIL
ON LATINO AFFAIRS |
|
$693,000 |
|
$705,000 |
|
Sec. 20. COUNCIL
ON ASIAN-PACIFIC MINNESOTANS |
$655,000 |
|
$665,000 |
|
Sec. 21. INDIAN
AFFAIRS COUNCIL |
|
$1,381,000 |
|
$1,402,000 |
|
Sec. 22. COUNCIL
ON LGBTQIA2S+ MINNESOTANS |
$607,000 |
|
$615,000 |
|
Sec. 23. MINNESOTA
HISTORICAL SOCIETY |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$26,813,000 |
|
$27,126,000 |
The
amounts that may be spent for each purpose are specified in the following
subdivisions.
|
Subd. 2. Operations
and Programs |
|
26,442,000 |
|
26,755,000 |
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.
|
Subd. 3. Fiscal
Agent |
|
371,000 |
|
371,000 |
|
(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
|
|
165,000 |
|
165,000 |
|
(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. 24. BOARD
OF THE ARTS |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$7,798,000 |
|
$7,808,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
|
Subd. 2. Operations
and Services |
|
859,000 |
|
869,000 |
|
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. 25. MINNESOTA HUMANITIES CENTER |
|
$970,000 |
|
$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.
|
Sec. 26. BOARD
OF ACCOUNTANCY |
|
$873,000 |
|
$887,000 |
|
Sec. 27. BOARD
OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN |
$928,000 |
|
$943,000 |
|
Sec. 28. BOARD
OF COSMETOLOGIST EXAMINERS |
$3,654,000 |
|
$3,711,000 |
|
Sec. 29. BOARD
OF BARBER EXAMINERS |
|
$459,000 |
|
$466,000 |
|
Sec. 30. CHILDREN,
YOUTH, AND FAMILIES. |
|
$55,000 |
|
$-0- |
$55,000 the first year is to
integrate the transit assistance program into the MNbenefits web portal under
article 2, section 24.
|
Sec. 31. GENERAL
CONTINGENT ACCOUNTS |
|
$2,000,000 |
|
$500,000 |
|
Appropriations by Fund |
||
|
|
2026 |
2027 |
|
General |
1,500,000 |
-0- |
|
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 2028 and each even-numbered
fiscal year thereafter. The base is $0
for fiscal year 2029 and each odd-numbered fiscal year thereafter.
(b) The appropriations in
this section may only be spent with the approval of the governor after
consultation with the Legislative Advisory
Commission pursuant to Minnesota Statutes, section 3.30.
(c) If an appropriation in
this section for either year is insufficient, the appropriation for the other
year is available for it.
|
Sec. 32. TORT
CLAIMS |
|
$161,000 |
|
$161,000 |
These appropriations are to
be spent by the commissioner of management and budget according to Minnesota
Statutes, section 3.736, subdivision 7. If
an appropriation in this section for either year is insufficient, the
appropriation for the other year is available for it.
|
Sec. 33. MINNESOTA STATE RETIREMENT SYSTEM |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$15,064,000 |
|
$15,154,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
|
Subd. 2. Combined Legislators and Constitutional Officers Retirement Plan |
9,064,000 |
|
9,154,000 |
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 |
The appropriations for this
subdivision are 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, 2026, and
$16,000,000 on September 15, 2027. These
amounts are estimated to be needed under Minnesota Statutes, section 353.505.
|
Sec. 35. TEACHERS
RETIREMENT ASSOCIATION |
$29,831,000 |
|
$29,831,000 |
The amounts estimated to be
needed are as follows.
Special Direct State Aid.
$27,331,000 each year is for special direct state aid authorized
under Minnesota Statutes, section 354.436.
Special Direct State Matching Aid. $2,500,000 each year is for special
direct state matching aid authorized under Minnesota Statutes, section 354.435.
|
Sec. 36. ST. PAUL TEACHERS RETIREMENT FUND |
$14,827,000 |
|
$14,827,000 |
The amounts estimated to be
needed for special direct state aid to the first class city teachers retirement
fund association authorized under Minnesota
Statutes, section 354A.12, subdivisions 3a and 3c.
Sec. 37. Laws 2023, chapter 62, article 1, section 11, subdivision 2, is amended to read:
|
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 June 30, 2026.
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.
EFFECTIVE DATE. This
section is effective retroactively from July 1, 2024.
Sec. 38. Laws 2023, chapter 62, article 1, section 47, is amended to read:
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
2026, 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 2026.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 39. Laws 2024, chapter 127, article 67, section 6, is amended to read:
|
Sec. 6. COMMISSIONER OF MANAGEMENT AND BUDGET |
|
|
|
|
Appropriations by Fund |
||
|
|
2024
|
2025 |
|
General |
-0- |
(232,000) |
|
Health Care Access |
-0- |
100,000 |
(a) Insulin safety net program. $100,000 in fiscal year 2025 is from the health care access fund for the insulin safety net program in Minnesota Statutes, section 151.74.
(b) Transfer. The commissioner
must transfer from the health care access fund to the insulin safety net
program repayment account in the special revenue fund the amount
certified by the commissioner of administration under Minnesota Statutes,
section 151.741, subdivision 5, paragraph (b), estimated to be $100,000 in
fiscal year 2025, for reimbursement to manufacturers for insulin dispensed
under the insulin safety net program in Minnesota Statutes, section 151.74. The base for this transfer is estimated to be
$100,000 in fiscal year 2026 and $100,000 in fiscal year 2027.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 2
STATE GOVERNMENT STATUTORY PROVISIONS
Section 1. Minnesota Statutes 2024, 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 five six 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.
EFFECTIVE DATE. This
section is effective retroactively from January 14, 2025.
Sec. 2. Minnesota Statutes 2024, section 3.971, is amended by adding a subdivision to read:
Subd. 10. Implementation
of audit recommendations. (a)
By February 1 each year, as resources permit, the legislative auditor must
submit a report to the chairs and ranking minority members of the legislative
committees with fiscal jurisdiction over an entity subject to audit under this
section. The report must detail whether
the entity has implemented any recommendations identified by the legislative
auditor during the prior five years in a financial audit, program evaluation,
or special review.
(b) By July 1 each year,
as resources permit, the legislative auditor must submit a report to designated
legislators listing the standing committees in the senate and the house of
representatives to which the legislative auditor did or did not present their
reports under paragraph (a) in a public hearing. For purposes of this paragraph,
"designated legislators" means the chairs and ranking minority
members of the senate Committees on State and Local Government, Rules and
Administration, and Finance, and the house of representatives Committees on
State Government Finance and Policy, Rules and Legislative Administration, and
Ways and Means.
Sec. 3. Minnesota Statutes 2024, section 3.98, subdivision 1, is amended to read:
Subdivision 1. Preparation;
duties. (a) The head or chief
administrative officer of each department or agency of the state government,
including the supreme court, shall prepare a fiscal note consistent with the
standards and procedures adopted under section 3.8853, at the request of the chair
or ranking minority member of the standing committee to which a bill has
been referred, or the chair or ranking minority member of the
house of representatives Ways and Means Committee, or the chair or ranking
minority member of the senate Committee on Finance.
(b) For purposes of this subdivision, "supreme court" includes all agencies, committees, and commissions supervised or appointed by the state supreme court or the state court administrator.
Subd. 3. Distribution. A copy of the fiscal note shall be
delivered to the chair or ranking minority member of the Ways and Means
Committee of the house of representatives, the chair or ranking minority
member of the Finance Committee of the senate, the chair and ranking
minority member of the standing committee to which the bill has been
referred, to the chief author of the bill, and to the
commissioner of management and budget.
Sec. 5. [4.048]
HEALTHY AGING SUBCABINET.
Subdivision 1. Establishment. The Healthy Aging Subcabinet is
established in Minnesota Management and Budget.
The subcabinet is a distinct entity, separately identifiable from other
state agencies and is dedicated to ensuring all people in Minnesota age with
dignity and have equitable opportunities for the best possible health and
well-being throughout the lifespan.
Subd. 2. Membership;
chair. The subcabinet
consists of the heads of the state agencies that administer policies that
impact aging Minnesotans, as determined by the governor in consultation with
the director appointed under subdivision 5.
The director is the chair of the subcabinet.
Subd. 3. Purpose. The purpose of the subcabinet is to:
(1) assist in the design of a statewide planning process for a Minnesota
Healthy Aging Plan under subdivision 10;
(2) engage public
participation in creating policy solutions for identified challenges and
opportunities related to aging in communities and living in one's own home;
(3) identify
opportunities within state government to improve quality of life for older
adults and promote healthy aging for all Minnesotans; and
(4) serve as a resource
to the legislature on policies and practices that will enhance the aging
experience for all Minnesotans.
Subd. 4. Duties. Led by the director, and in
consultation with the Citizens' Engagement Council appointed under subdivision
6, the subcabinet must perform the following duties:
(1) integrate
aging-related considerations into state agency planning, decision-making, and
measurable outcomes for service delivery processes;
(2) promote the adoption
of evidence-based approaches and policies that support healthy aging across the
public and private sectors;
(3) ensure that member
agencies conduct community engagement to inform strategic plans for each
agency;
(4) identify federal and
state funding for programs that address the negative impact of social
determinants of health and well-being for Minnesotans and those that would
significantly benefit from community strategies that prevent or delay
disability and that enable quality-of-life outcomes throughout the lifespan;
(5) identify areas of
potential savings through economic and community development and resource
planning for an aging demographic;
(6)
evaluate the impact on healthy aging of current aging-related initiatives in
public and private sectors including housing, transit and workforce programs
designed for older adults, and community health efforts in order to inform the
Minnesota Healthy Aging Plan;
(7) coordinate with local
and state agencies and Tribal Nations to analyze the health care delivery
system for oral health, chronic and acute health conditions, and palliative and
end-of-life care to identify and address access issues throughout Minnesota;
(8) in consultation with
Tribal Nations, analyze the extent of family caregiving in private and public
sectors to determine the need for greater support through aging policies
initiated in the public and private sectors;
(9) in consultation with
the ombudsman for long-term care, evaluate the oversight process of long-term
care facilities, assisted living residences, and home-care agencies to ensure
public safety and accountability;
(10) develop a
transparency policy that tracks the use of government funding for long-term
care to ensure state funding is used as intended;
(11) monitor and evaluate
strategies and findings for progress reports during the planning process to be
posted on the subcabinet's website; and
(12) in consultation with
the ombudsman for long-term care, evaluate the need for additional long-term
care services and training and recruitment of long-term care providers
throughout the state.
Subd. 5. Director;
Office of Healthy Aging; staffing; duties.
(a) The governor must appoint a director to establish and lead an
Office of Healthy Aging and serve as chair of the Healthy Aging Subcabinet. The director must possess a background in
public health, public policy, and community engagement and possess demonstrated
knowledge of older adult abilities and needed supports when living at home or
in the person's community. The director
may have experience working with an aging population. The director's responsibilities at a minimum
are to:
(1) lead and coordinate
the duties of the Healthy Aging Subcabinet;
(2) initiate and conduct
a planning process to develop and adopt the Minnesota Healthy Aging Plan under
subdivision 10;
(3) appoint members of,
and provide support to, the Citizens' Engagement Council under subdivision 6;
(4) ensure community
discussions across public and private sectors and with Tribal governments and
the Indian Affairs Council to inform policy recommendations for the Minnesota
Healthy Aging Plan under subdivision 10;
(5) ensure that the
Minnesota Healthy Aging Plan under subdivision 10 reflects the perspectives of
older adults, caregivers, health care and service providers, and advocacy
organizations regarding the community development required to support older
adults living at home and aging in the community;
(6) explore initiatives
that enhance opportunities for an aging adult, regardless of age, income, or
ability level, to live in the adult's own home and community if desired and
safe;
(7) make efforts to break
down silos and work across agencies to better target the state's role in
addressing issues impacting aging in Minnesota communities; and
(8) establish and manage
external partnerships and build relationships with communities, community
leaders, and those who have direct experience with aging to ensure that all
voices are represented in the work of the subcabinet, office, and Citizens' Engagement
Council.
(b) The
director may secure professional development and training opportunities to
promote community development initiatives that address aging-related issues and
support the Healthy Aging Subcabinet.
(c) The director may hire
and compensate out of available funds additional staff as necessary to support
the office and conduct the planning process.
Staff members must possess relevant expertise and experience in areas
such as aging services, policy analysis, community health, and community
development and engagement. The director
serves in the unclassified service.
Subd. 6. Citizens'
Engagement Council; public engagement.
(a) The director must appoint a Citizens' Engagement Council
composed of 20 diverse members from different geographic regions and
demographic groups, including older adults, caregivers, elder advocates, the
Minnesota area agencies on aging, Tribal Nations, county agencies, nonprofit
services, and business sectors. At least
ten members of the council must be older adults, caregivers, or elder
advocates, and these members may not otherwise represent a specific agency,
service, or business sector. The purpose
of the council is to:
(1) ensure the voices and
perspectives of older adults are included in the recommended initiatives and
policies for implementing the Minnesota Healthy Aging Plan under subdivision
10;
(2) provide feedback to
the subcabinet on current aging-related programs and services, identifying
areas for improvements and innovations; and
(3) provide ongoing
input, advice, and strategies for the planning process to engage older
Minnesotans and their families.
(b) Except where
otherwise provided in this section, the terms, compensation, and removal of
council members is governed by section 15.059.
A member participating in council activities in the ordinary course of
the member's employment is not entitled to compensation from the council.
Subd. 7. Discretionary
powers. The office may apply
for and receive grants from public sources and private foundations, award
grants, and enter into contracts subject to applicable law.
Subd. 8. Staff
and administrative support. The
commissioner of management and budget, in coordination with other state
agencies and boards as applicable, must provide staffing and administrative
support to the Healthy Aging Subcabinet, the Office of Healthy Aging, and the
Citizens' Engagement Council.
Subd. 9. Public
awareness. In order to
promote public engagement, the Office of Healthy Aging shall maintain a website
and publish annual reports about the work of the office. The office shall also share on its website
ideas for how Minnesotans can become involved with and informed on aging issues. By use of this medium, the office shall
gather ideas from the public on needed programs for healthy aging in the
community.
Subd. 10. The
Minnesota Healthy Aging Plan. The
Office of Healthy Aging must adopt a plan entitled the Minnesota Healthy Aging
Plan. A draft plan must be published no
later than June 30, 2027, and a final plan must be adopted and published no
later than January 15, 2028. The
Minnesota Healthy Aging Plan shall include recommendations from the Citizens'
Engagement Council and subcabinet members that support the health and well‑being
of older Minnesotans, their contributions, and their health care needs as follows:
(1) community-based
initiatives that support living in one's own home and community if desired,
regardless of age, income, or ability level, and as safely, independently, and
comfortably as possible;
(2) community-based
initiatives with public and private sector funding that provide older adults
the choice to remain in and contribute to their communities with needed
supports including access to health care and food, independent housing options,
opportunities to socialize, innovative residential options for long-term care,
and safe and affordable transportation;
(3)
public policies that recommend systemwide improvements for safe and affordable
housing options and transportation, innovative market-rate housing options,
removal of employment barriers and increased opportunities for an aging
workforce, outdoor recreational opportunities, broadband communications, and
health care that includes mental health and oral health;
(4) public policies that
address the current and future demand for home care, assisted living and
skilled nursing facilities, and innovations for community-based long-term care
services; workforce training, recruitment, and employment opportunities throughout
Minnesota; and professional education opportunities for long-term care
providers;
(5) public and private
sector resource management policies that implement community health strategies
to address social determinants of health and well-being;
(6) state agencies'
strategic plans that drive innovations for healthy aging in communities across
the lifespan;
(7) ongoing aging policy
coordination and oversight within state and county agencies and in coordination
with Tribal Nations, local communities, and the private sector;
(8) measures to ensure
ongoing monitoring and evaluation of the impact of healthy aging policies and
programs in order to make improvements and recommend further innovations;
(9) recommendations for
full implementation of the Minnesota Healthy Aging Plan that includes
administration, staffing, and appropriations; and
(10) measures to evaluate
the success and impact of the Minnesota Healthy Aging Plan.
Subd. 11. Annual
report. By January 15 of each
year, the office must submit a report to the governor and the chairs and
ranking minority members of the legislative committees with primary
jurisdiction over healthy aging policy and funding detailing the activities of
the office for the preceding year with legislative recommendations for the
coming year.
Sec. 6. Minnesota Statutes 2024, section 8.16, subdivision 1, is amended to read:
Subdivision 1. Authority. (a) The attorney general, or any
deputy, assistant, or special assistant attorney general whom the attorney
general authorizes in writing, has the authority in any county of the state to
subpoena and require the production of:
(1) any records of:
(i) telephone
companies, cellular phone companies, and paging companies,;
(ii) subscribers of
private computer networks, including Internet service providers or
computer bulletin board systems,;
(iii) electric
companies, gas companies, and water utilities,;
(iv) chemical
suppliers,;
(v) hotels and motels,;
(vi) pawn shops,;
(vii) airlines, buses, taxis, and
other entities engaged in the business of transporting people,; and
(viii)
freight companies, self-service storage facilities, warehousing companies,
package delivery companies, and other entities engaged in the businesses of
transport, storage, or delivery, and;
(2) wage and employment
records;
(3) records of the
existence of safe deposit box account numbers and customer savings and checking
account numbers maintained by financial institutions and safe deposit companies;
(4) insurance records
related to claim settlement; and
(5) banking, credit card, and financial records, including but not limited to a safe deposit, loan and account application and agreement, signature card, statement, check, transfer, account authorization, safe deposit access record, and documentation of fraud, that belong to the subject of an investigation conducted pursuant to the attorney general's authority under section 256B.12, whether the record is held in the investigation subject's name or in another person's name.
(b) Subpoenas may only be issued for records that are relevant to an ongoing legitimate law enforcement investigation.
Sec. 7. Minnesota Statutes 2024, section 11A.07, subdivision 4, is amended to read:
Subd. 4. Duties and powers. The director, at the direction of the state board, shall:
(1) plan, direct, coordinate, and execute administrative and investment functions in conformity with the policies and directives of the state board and the requirements of this chapter and of chapter 356A;
(2) prepare and submit biennial and annual budgets to the board and with the approval of the board submit the budgets to the Department of Management and Budget;
(3) employ professional and clerical staff as necessary;
(4) report to the state board on all operations under the director's control and supervision;
(5) maintain accurate and complete records of securities transactions and official activities;
(6) establish a policy, which is subject to state board approval, relating to the purchase and sale of securities on the basis of competitive offerings or bids;
(7) cause securities acquired to be kept in the custody of the commissioner of management and budget or other depositories consistent with chapter 356A, as the state board deems appropriate;
(8) prepare and file with
the director of the Legislative Reference Library, by December 31 of each
year, a report summarizing the activities of the state board, the council,
and the director during the preceding fiscal year;
(9) include on the state board's website its annual report and an executive summary of its quarterly reports;
(10) require state officials from any department or agency to produce and provide access to any financial documents the state board deems necessary in the conduct of its investment activities;
(11) receive and expend legislative appropriations; and
(12) undertake any other activities necessary to implement the duties and powers set forth in this subdivision consistent with chapter 356A.
Subd. 4b. Annual report. The report required under subdivision 4, clause (8), must include an executive summary, must be prepared and filed after the completion of the applicable fiscal year audit but no later than March 31 of each year, and must be prepared so as to provide the legislature and the people of the state with:
(1) a clear, comprehensive summary of the portfolio composition, the transactions, the total annual rate of return, and the yield to the state treasury and to each of the funds with assets invested by the state board; and
(2) the recipients of business placed or commissions allocated among the various commercial banks, investment bankers, money managers, and brokerage organizations and the amount of these commissions or other fees.
Sec. 9. Minnesota Statutes 2024, section 16A.057, subdivision 5, is amended to read:
Subd. 5. Monitoring Office of the Legislative Auditor audits. (a) The commissioner must review audit reports from the Office of the Legislative Auditor and take appropriate steps to address internal control problems found in executive agencies.
(b) The commissioner must
submit a report to the legislative auditor no later than September 1 of each
year detailing the implementation status of all recommendations identified in
an auditor's financial audit, program evaluation, or special review during the
prior five years. The report must
include a specific itemization of recommendations that have not been
implemented during that period, along with the basis for that decision.
Sec. 10. Minnesota Statutes 2024, section 240.131, subdivision 7, is amended to read:
Subd. 7. Payments
to state. (a) A regulatory fee is
imposed at the rate of one two percent of all amounts wagered by
Minnesota residents with an authorized advance deposit wagering provider. The fee shall be declared on a form
prescribed by the commission. The ADW
provider must pay the fee to the commission no more than 15 days after the end
of the month in which the wager was made.
Fees collected under this paragraph must be deposited in the state
treasury and credited to a racing and card-playing regulation account in the
special revenue fund and are appropriated to the commission to offset the costs
incurred by the commission as described in section 240.30, subdivision 9, or
the costs associated with regulating horse racing and pari-mutuel wagering in
Minnesota.
(b) A breeders fund fee is imposed in the amount of one-quarter of one percent of all amounts wagered by Minnesota residents with an authorized advance deposit wagering provider. The fee shall be declared on a form prescribed by the commission. The ADW provider must pay the fee to the commission no more than 15 days after the end of the month in which the wager was made. Fees collected under this paragraph must be deposited in the state treasury and credited to a racing and card-playing regulation account in the special revenue fund and are appropriated to the commission to offset the cost of administering the breeders fund, to support racehorse adoption, retirement, and repurposing, and promote horse breeding in Minnesota.
Sec. 11. Minnesota Statutes 2024, section 256B.12, is amended to read:
256B.12 LEGAL REPRESENTATION.
The attorney general or the
appropriate county attorney appearing at the direction of the attorney general
shall be the attorney for the state agency, and the county attorney of the
appropriate county shall be the attorney for the local agency in all matters
pertaining hereto. To prosecute under
this chapter or sections 609.466 and 609.467 and 609.52,
subdivision 2, or to recover payments wrongfully made under this chapter, the
attorney general or the appropriate county attorney, acting independently or at
the direction of the attorney general may institute a criminal or civil action.
EFFECTIVE
DATE. This section is
effective August 1, 2025.
Subd. 6. Certificate; required education and experience until July 1, 2030. (a) On or after July 1, 2006, and before July 1, 2030, a person who has passed the examination required in this section must be granted a certificate as a certified public accountant provided: (1) the person certifies to the board that the person has completed at least 150 semester or 225 quarter hours at a college or university that is fully accredited by a recognized accrediting agency listed with the United States Department of Education, or an equivalent accrediting association, and has completed at least one year of experience of the type specified in paragraph (b); (2) the board verifies the certifications; and (3) the person complies with requirements for initial issuance of the certificate as a certified public accountant as prescribed by the board by rule.
(b) An applicant for initial issuance of a certificate under this subdivision shall show that the applicant has had one year of experience. Acceptable experience includes providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills, as verified by a licensee and meeting requirements prescribed by the board by rule. Acceptable experience may be gained through employment in government, industry, academia, or public practice. Experience as an auditor in the Office of the Legislative Auditor or State Auditor, as verified by a licensee, shall be acceptable experience.
(c) This subdivision
expires July 1, 2030.
Sec. 13. Minnesota Statutes 2024, section 326A.03, is amended by adding a subdivision to read:
Subd. 6a. Certificate;
required education and experience after June 30, 2030. (a) On and after July 1, 2030, or
during the transitional period as provided in subdivision 6b, the board must
grant a certificate as a certified public accountant to a person who has not
previously been certified and who has passed the examination required in this
section if:
(1) the person certifies
to the board that the person has:
(i) completed a master's
degree at a college or university that is fully accredited by a recognized
accrediting agency listed with the United States Department of Education and
has completed at least one year of acceptable experience as described in paragraph
(b); or
(ii) earned a bachelor's
or graduate degree from a college or university that is fully accredited by a
recognized accrediting agency listed with the United States Department of
Education and has completed at least two years of acceptable experience as described
in paragraph (b);
(2) the board verifies
the certification under clause (1); and
(3) the person complies
with requirements as prescribed by the board for an initial certificate.
(b) Acceptable
experience includes providing any type of service or advice that involves
accounting, attestation, compilation, management advisement, financial
advisement, tax, or consulting, as verified by a licensee and meeting
requirements prescribed by the board by rule.
Acceptable experience may be gained through employment in government,
industry, academia, or public practice. Experience
as an auditor in the Office of the Legislative Auditor or the Office of the
State Auditor, as verified by a licensee, is acceptable experience.
Subd. 6b. Transitional
period. (a) Until July 1,
2030, a person must be granted an initial certificate as a certified public
accountant if the person meets either:
(1) all requirements
under subdivision 6; or
(2) all requirements
under subdivision 6a.
(b) This subdivision
expires July 1, 2030.
EFFECTIVE DATE. This
section is effective January 1, 2026.
Sec. 15. Minnesota Statutes 2024, section 326A.14, is amended to read:
326A.14 SUBSTANTIAL EQUIVALENCY MOBILITY.
Subdivision 1. Requirements. (a) An individual whose principal place
of business is not in this state and who holds a valid license in good
standing as a certified public accountant from any state which, upon
verification, is in substantial equivalence with the certified public
accountant licensure requirements of section 326A.03, subdivisions 3, 4, and 6,
shall be presumed to have qualifications substantially equivalent to this
state's requirements and shall have all the privileges of licensees of this state
without the need to obtain a license., if the person:
(1) holds a valid
certificate, license, or permit to practice as a certified public accountant
that was issued in another state and is in good standing to practice as a
certified public accountant in that state;
(2) has a bachelor's
degree or higher from an accredited postsecondary school with an accounting
concentration or equivalent as determined by the board by rule; and
(3) has passed the
Uniform CPA Examination.
(b) Notwithstanding
any contrary provision of this chapter, an individual who offers or renders
professional services, whether in person, by mail, telephone, or electronic
means, under this paragraph (a):
(1) shall be granted practice privileges in this state; (2) is subject
to the requirements in paragraph (c); and (3) is not required to provide any
notice or other submission.
(b) An individual whose
principal place of business is not in this state and who holds a valid license
in good standing as a certified public accountant from any state whose
certified public accountant licensure qualifications, upon verification, are
not substantially equivalent with the licensure requirements of section
326A.03, subdivisions 3, 4, and 6, shall be presumed to have qualifications
substantially equivalent to this state's requirements and shall have all the
privileges of licensees of this state without the need to obtain a license if
the individual obtains verification, as specified in board rule, that the
individual's qualifications are substantially equivalent to the licensure
requirements of section 326A.03, subdivisions 3, 4, and 6. For purposes of this paragraph, any
individual who passed the Uniform CPA Examination and holds a valid license
issued by any other state prior to January 1, 2009, is exempt from the
education requirement in section 326A.03, subdivision 6, paragraph (a), provided
the individual meets the education requirement in section 326A.03, subdivision
3. Notwithstanding any contrary
provision of this chapter, an individual who offers or renders professional
services, whether in person, by mail, telephone, or electronic means, under
this paragraph: (1) shall, after the
verification specified by adopted rules, be granted practice privileges in this
state; (2) is subject to the requirements in paragraph (c); and (3) is not
required to provide any notice or other submission.
(1) to the personal and subject matter jurisdiction and disciplinary authority of the board;
(2) to comply with this chapter and the board's rules;
(3) to the appointment of the state board that issued the license as the licensee's agent upon whom process may be served in any action or proceeding by this board against the licensee; and
(4) to cease offering or rendering professional services in this state individually and on behalf of a firm in the event the license issued by the state of the individual's principal place of business is no longer valid or in good standing.
(d) An individual who has been granted practice privileges under this section who performs attest services as defined in section 326A.01, subdivision 2, clause (1), (4), or (5), for any entity with its headquarters in this state, may only do so through a firm which has obtained a permit under section 326A.05.
Subd. 2. Use of title in another state. A licensee of this state offering or rendering services or using the CPA title in another state is subject to the same disciplinary action in this state for which the licensee would be subject to discipline for an act committed in the other state. The board shall investigate any complaint made by the board of accountancy of another state.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 16. Minnesota Statutes 2024, section 349A.01, is amended by adding a subdivision to read:
Subd. 13a. Responsible
lottery official. "Responsible
lottery official" means the officers, directors, or owners of an
organization, firm, partnership, or corporation that have oversight of lottery
ticket sales.
Sec. 17. Minnesota Statutes 2024, section 349A.06, subdivision 2, is amended to read:
Subd. 2. Qualifications. (a) The director may not contract with a retailer who is a sole proprietor who:
(1) is under the age of 18;
(2) is in business solely as a seller of lottery tickets;
(3) owes $500 or more in delinquent taxes as defined in section 270C.72;
(4) has been convicted within the previous five years of a felony or gross misdemeanor, any crime involving fraud or misrepresentation, or a gambling-related offense in any jurisdiction in the United States;
(5) is a member of the immediate family, residing in the same household, as the director or any employee of the lottery;
(6) in the director's judgment does not have the financial stability or responsibility to act as a lottery retailer, or whose contracting as a lottery retailer would adversely affect the public health, welfare, and safety, or endanger the security and integrity of the lottery; or
(7) is a currency exchange, as defined in section 53A.01.
A
contract entered into before August 1, 1990, which violates clause (7) may
continue in effect until its expiration but may not be renewed.
(b) The director may not
contract with a retailer that is an organization, firm, partnership, or
corporation that:
(1) has a responsible
lottery official who:
(i) is under the age of
18;
(ii) owes $500 or more
in delinquent taxes as defined in section 270C.72; or
(iii) has been convicted
within the previous five years of a felony or gross misdemeanor, any crime
involving fraud or misrepresentation, or a gambling-related offense in any
jurisdiction in the United States;
An organization, firm, partnership,
or corporation that (2) has a stockholder who owns more than five
percent of the business or the stock of the corporation, a responsible
lottery official, an officer, or a director, that does not meet
the requirements of paragraph (a), clause (4), is not eligible to be a lottery
retailer under this section is a member of the immediate family,
residing in the same household, as the director or any employee of the lottery;
or
(3)(i) is in business
solely as a seller of lottery tickets;
(ii) in the director's
judgment does not have the financial stability or responsibility to act as a
lottery retailer, or whose contracting as a lottery retailer would adversely
affect the public health, welfare, and safety, or endanger the security and integrity
of the lottery; or
(iii) is a currency exchange, as defined in section 53A.01.
(c) The restrictions
under paragraph (a), clause (4), do not apply to an organization, partnership,
or corporation if the director determines that the organization, partnership,
or firm has terminated its relationship with the individual whose actions directly
contributed to the disqualification under this subdivision.
Sec. 18. Minnesota Statutes 2024, section 349A.06, subdivision 4, is amended to read:
Subd. 4. Criminal
history. The director may request
the director of alcohol and gambling enforcement to investigate all applicants
for lottery retailer contracts to determine their compliance with the
requirements of subdivision 2.
(a) Upon the director's
request, an applicant for a lottery retailer contract must submit a completed
criminal history records check consent form, a full set of classifiable
fingerprints, and required fees to the director or the Bureau of Criminal
Apprehension. Upon receipt of the
information, the director must submit the completed criminal history records
check consent form, full set of classifiable fingerprints, and required fees to
the Bureau of Criminal Apprehension.
(b) After receiving the
information, the bureau must conduct a Minnesota criminal history records check
of the individual. The bureau is
authorized to exchange the fingerprints with the Federal Bureau of
Investigation to obtain the applicant's national criminal history record
information. The bureau must return the
results of the Minnesota and national criminal history records checks to the
director to determine the individual's compliance with the requirements of
subdivision 2.
(c) The
director must request a Minnesota and national criminal history records check
for any sole proprietor or responsible lottery official that applies to be a
lottery retailer and (1) has not undergone a check under this section within
the past seven years, or (2) has had any lapse in a contract to sell lottery
tickets.
(d) The director may
issue a temporary contract, valid for not more than 90 days, to an applicant
pending the completion of the investigation or a final determination of
qualifications under this section. The
director has access to all criminal history data compiled by the director of
alcohol and gambling enforcement Bureau of Criminal Apprehension on
(1) any person holding or applying for a retailer contract, (2) any person
holding a lottery vendor contract or who has submitted a bid on such a
contract, and (3) any person applying for employment with the lottery.
Sec. 19. Minnesota Statutes 2024, section 349A.06, subdivision 11, is amended to read:
Subd. 11. Cancellation, suspension, and refusal to renew contracts or locations. (a) The director shall cancel the contract of any lottery retailer or prohibit a lottery retailer from selling lottery tickets at a business location who:
(1) has a sole proprietor or responsible lottery official that has been convicted of a felony or gross misdemeanor in any jurisdiction in the United States;
(2) has a sole proprietor
or responsible lottery official that has committed any crime involving
fraud, or misrepresentation, or deceit a
gambling-related offense in any jurisdiction in the United States;
(3) has provided false or misleading information to the lottery; or
(4) has acted in a manner prejudicial to public confidence in the integrity of the lottery.
(b) The director may cancel, suspend, or refuse to renew the contract of any lottery retailer or prohibit a lottery retailer from selling lottery tickets at a business location who:
(1) changes business location;
(2) fails to account for lottery tickets received or the proceeds from tickets sold;
(3) fails to remit funds to the director in accordance with the director's rules;
(4) violates a law or a rule or order of the director;
(5) fails to comply with any of the terms in the lottery retailer's contract;
(6) fails to file a bond, securities, or a letter of credit as required under subdivision 3;
(7) in the opinion of the director fails to maintain a sufficient sales volume to justify continuation as a lottery retailer; or
(8) has violated section 340A.503, subdivision 2, clause (1), two or more times within a two-year period.
(c) The director may also cancel, suspend, or refuse to renew a lottery retailer's contract or prohibit a lottery retailer from selling lottery tickets at a business location if there is a material change in any of the factors considered by the director under subdivision 2.
(d) A contract cancellation, suspension, refusal to renew, or prohibiting a lottery retailer from selling lottery tickets at a business location under this subdivision is a contested case under sections 14.57 to 14.69 and is in addition to any criminal penalties provided for a violation of law or rule.
Sec. 20. [609.467]
MEDICAL ASSISTANCE FRAUD.
Subdivision 1. Medical
assistance fraud prohibited. A
person who intentionally presents, submits, tenders, offers, or participates in
the preparation of a claim for payment, claim for reimbursement, cost report,
or rate application relating to the payment of medical assistance funds under
chapter 256B knowing or having reason to know that any part of the claim,
report, or application is false is guilty of medical assistance fraud and may
be sentenced as provided in subdivision 2.
Subd. 2. Penalties. Whoever violates subdivision 1 may be
sentenced as follows:
(1) to imprisonment of
not more than 20 years, payment of a fine of not more than $100,000, or both if
the part of any claim for payment, claim for reimbursement, cost report, or
rate application submitted, tendered, or offered that is false is more than
$35,000;
(2) to imprisonment of
not more than ten years, payment of a fine of not more than $20,000, or both
if:
(i) the part of any claim
for payment, claim for reimbursement, cost report, or rate application
submitted, tendered, or offered that is false is more than $5,000 but not more
than $35,000; or
(ii) the part of any
claim for payment, claim for reimbursement, cost report, or rate application
submitted, tendered, or offered that is false is not more than $5,000 and the
person has been convicted within the preceding five years for an offense under
this section, section 256.98; 268.182; 609.24; 609.245; 609.247; 609.52;
609.522; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or
609.821, or a statute from another state, the United States, or a foreign
jurisdiction, in conformity with any of those sections, and the person received
a felony or gross misdemeanor sentence for the offense, or a sentence that was
stayed under section 609.135 if the offense to which a plea was entered would
allow imposition of a felony or gross misdemeanor sentence; or
(3) to imprisonment of
not more than five years, payment of a fine of not more than $10,000, or both
if the part of any claim for payment, claim for reimbursement, cost report, or
rate application submitted, tendered, or offered that is false is not more than
$5,000.
Subd. 3. Aggregation. The total of all claims for payment,
claims for reimbursement, cost reports, and rate applications submitted,
tendered, or offered in violation of subdivision 1 within any six-month period
may be aggregated and the defendant charged accordingly in applying the
provisions of subdivision 2. When the
same person commits two or more offenses in two or more counties, the accused
may be prosecuted for all of the offenses aggregated under this subdivision in
any county in which one of the offenses was committed.
Subd. 4. Venue. Notwithstanding anything to the
contrary in section 627.01, a violation of this section may be prosecuted in:
(1) the county where any
part of the offense occurred; or
(2) the county where the
entity who received a claim for payment, claim for reimbursement, cost report,
or rate application is located.
EFFECTIVE DATE. This section is effective August 1, 2025, and
applies to crimes committed on or after that date.
Subd. 2. Acts constituting theft. (a) Whoever does any of the following commits theft and may be sentenced as provided in subdivision 3:
(1) intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of the property; or
(2) with or without having a legal interest in movable property, intentionally and without consent, takes the property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of the property; or
(3) obtains for the actor or another the possession, custody, or title to property of or performance of services by a third person by intentionally deceiving the third person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. "False representation" includes without limitation:
(i) the issuance of a check, draft, or order for the payment of money, except a forged check as defined in section 609.631, or the delivery of property knowing that the actor is not entitled to draw upon the drawee therefor or to order the payment or delivery thereof; or
(ii) a promise made with intent not to perform. Failure to perform is not evidence of intent not to perform unless corroborated by other substantial evidence; or
(iii) the preparation or
filing of a claim for reimbursement, a rate application, or a cost report used
to establish a rate or claim for payment for medical care provided to a
recipient of medical assistance under chapter 256B, which intentionally
and falsely states the costs of or actual services provided by a vendor of
medical care; or
(iv) (iii) the
preparation or filing of a claim for reimbursement for providing treatment or
supplies required to be furnished to an employee under section 176.135 which
intentionally and falsely states the costs of or actual treatment or supplies
provided; or
(v) (iv) the
preparation or filing of a claim for reimbursement for providing treatment or
supplies required to be furnished to an employee under section 176.135 for
treatment or supplies that the provider knew were medically unnecessary,
inappropriate, or excessive; or
(4) by swindling, whether by artifice, trick, device, or any other means, obtains property or services from another person; or
(5) intentionally commits any of the acts listed in this subdivision but with intent to exercise temporary control only and:
(i) the control exercised manifests an indifference to the rights of the owner or the restoration of the property to the owner; or
(ii) the actor pledges or otherwise attempts to subject the property to an adverse claim; or
(iii) the actor intends to restore the property only on condition that the owner pay a reward or buy back or make other compensation; or
(7) intentionally obtains property or services, offered upon the deposit of a sum of money or tokens in a coin or token operated machine or other receptacle, without making the required deposit or otherwise obtaining the consent of the owner; or
(8) intentionally and without claim of right converts any article representing a trade secret, knowing it to be such, to the actor's own use or that of another person or makes a copy of an article representing a trade secret, knowing it to be such, and intentionally and without claim of right converts the same to the actor's own use or that of another person. It shall be a complete defense to any prosecution under this clause for the defendant to show that information comprising the trade secret was rightfully known or available to the defendant from a source other than the owner of the trade secret; or
(9) leases or rents personal property under a written instrument and who:
(i) with intent to place the property beyond the control of the lessor conceals or aids or abets the concealment of the property or any part thereof; or
(ii) sells, conveys, or encumbers the property or any part thereof without the written consent of the lessor, without informing the person to whom the lessee sells, conveys, or encumbers that the same is subject to such lease or rental contract with intent to deprive the lessor of possession thereof; or
(iii) does not return the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, with intent to wrongfully deprive the lessor of possession of the property; or
(iv) returns the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, but does not pay the lease or rental charges agreed upon in the written instrument, with intent to wrongfully deprive the lessor of the agreed-upon charges.
For the purposes of items (iii) and (iv), the value of the property must be at least $100.
Evidence that a lessee used a false, fictitious, or not current name, address, or place of employment in obtaining the property or fails or refuses to return the property or pay the rental contract charges to lessor within five days after written demand for the return has been served personally in the manner provided for service of process of a civil action or sent by certified mail to the last known address of the lessee, whichever shall occur later, shall be evidence of intent to violate this clause. Service by certified mail shall be deemed to be complete upon deposit in the United States mail of such demand, postpaid and addressed to the person at the address for the person set forth in the lease or rental agreement, or, in the absence of the address, to the person's last known place of residence; or
(10) alters, removes, or obliterates numbers or symbols placed on movable property for purpose of identification by the owner or person who has legal custody or right to possession thereof with the intent to prevent identification, if the person who alters, removes, or obliterates the numbers or symbols is not the owner and does not have the permission of the owner to make the alteration, removal, or obliteration; or
(11) with the intent to prevent the identification of property involved, so as to deprive the rightful owner of possession thereof, alters or removes any permanent serial number, permanent distinguishing number or manufacturer's identification number on personal property or possesses, sells or buys any personal property knowing or having reason to know that the permanent serial number, permanent distinguishing number or manufacturer's identification number has been removed or altered; or
(i) making or using or attempting to make or use an unauthorized external connection outside the individual dwelling unit whether physical, electrical, acoustical, inductive, or other connection; or by
(ii) attaching any unauthorized device to any cable, wire, microwave, or other component of a licensed cable communications system as defined in chapter 238. Nothing herein shall be construed to prohibit the electronic video rerecording of program material transmitted on the cable communications system by a subscriber for fair use as defined by Public Law 94-553, section 107; or
(13) except as provided in clauses (12) and (14), obtains the services of another with the intention of receiving those services without making the agreed or reasonably expected payment of money or other consideration; or
(14) intentionally deprives another of a lawful charge for telecommunications service by:
(i) making, using, or attempting to make or use an unauthorized connection whether physical, electrical, by wire, microwave, radio, or other means to a component of a local telecommunication system as provided in chapter 237; or
(ii) attaching an unauthorized device to a cable, wire, microwave, radio, or other component of a local telecommunication system as provided in chapter 237.
The existence of an unauthorized connection is prima facie evidence that the occupier of the premises:
(A) made or was aware of the connection; and
(B) was aware that the connection was unauthorized;
(15) with intent to defraud, diverts corporate property other than in accordance with general business purposes or for purposes other than those specified in the corporation's articles of incorporation; or
(16) with intent to defraud, authorizes or causes a corporation to make a distribution in violation of section 302A.551, or any other state law in conformity with it; or
(17) takes or drives a motor vehicle without the consent of the owner or an authorized agent of the owner, knowing or having reason to know that the owner or an authorized agent of the owner did not give consent; or
(18) intentionally, and without claim of right, takes motor fuel from a retailer without the retailer's consent and with intent to deprive the retailer permanently of possession of the fuel by driving a motor vehicle from the premises of the retailer without having paid for the fuel dispensed into the vehicle; or
(19) commits wage theft under subdivision 1, clause (13).
(b) Proof that the driver of a motor vehicle into which motor fuel was dispensed drove the vehicle from the premises of the retailer without having paid for the fuel permits the factfinder to infer that the driver acted intentionally and without claim of right, and that the driver intended to deprive the retailer permanently of possession of the fuel. This paragraph does not apply if: (1) payment has been made to the retailer within 30 days of the receipt of notice of nonpayment under section 604.15; or (2) a written notice as described in section 604.15, subdivision 4, disputing the retailer's claim, has been sent. This paragraph does not apply to the owner of a motor vehicle if the vehicle or the vehicle's license plate has been reported stolen before the theft of the fuel.
EFFECTIVE DATE. This section is effective August 1, 2025, and
applies to crimes committed on or after that date.
628.26 LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at any time after the commission of the offense if the victim was under the age of 18 at the time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), shall be found or made and filed in the proper court within six years after the commission of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and 609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or
complaints for violation of sections 609.466 609.467 and 609.52,
subdivision 2, paragraph (a), clause (3), item (iii), shall be found or made
and filed in the proper court within six years after the commission of the
offense.
(g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the property or services stolen is more than $35,000, or for violation of section 609.527 where the offense involves eight or more direct victims or the total combined loss to the direct and indirect victims is more than $35,000, shall be found or made and filed in the proper court within five years after the commission of the offense.
(h) Except for violations relating to false material statements, representations or omissions, indictments or complaints for violations of section 609.671 shall be found or made and filed in the proper court within five years after the commission of the offense.
(i) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found or made and filed in the proper court within five years after the commission of the offense.
(j) Indictments or complaints for violation of section 609.746 shall be found or made and filed in the proper court within the later of three years after the commission of the offense or three years after the offense was reported to law enforcement authorities.
(k) In all other cases, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense.
(l) The limitations periods contained in this section shall exclude any period of time during which the defendant was not an inhabitant of or usually resident within this state.
(m) The limitations periods contained in this section for an offense shall not include any period during which the alleged offender participated under a written agreement in a pretrial diversion program relating to that offense.
EFFECTIVE DATE. This
section is effective August 1, 2025.
Sec. 23. OPEN
POSITIONS REPORT.
The commissioner of
management and budget must report the number of posted executive branch job openings
that have gone unfilled for at least six months. The commissioner's report must identify such
openings by agency and job title, and identify which specific job titles or
classes take longest to fill on average and those that experience the most
turnover. No later than February 1,
2026, August 1, 2026, and February 1, 2027, the commissioner must submit this
report to the chairs and ranking minority members of the legislative committees
with jurisdiction over state government finance and policy.
Sec. 24. INTEGRATING
APPLICATION INFORMATION AND A REFERRAL PROCESS FOR THE TRANSIT ASSISTANCE
PROGRAM ON THE MNBENEFITS WEB PORTAL.
No later than June 30,
2026, the commissioner of children, youth, and families, in consultation with
Metro Transit and the commissioners of transportation, human services, and
Minnesota IT Services, must integrate application information and a referral process
for the transit assistance program administered by Metro Transit into the
MNbenefits web portal. Metro Transit and
the Metropolitan Council must continue to process applications for the transit
assistance program after application information and a referral process are
integrated into the MNbenefits web portal.
Sec. 25. STATUE
REPLACEMENT.
The commissioner of
administration may accept private funds, submit a request to the Joint
Committee on the Library of Congress, and erect a new statue in Statuary Hall
in the United States Capitol, including removing an existing statue from
Statuary Hall and transporting it to Minnesota, recasting an existing statue in
Minnesota, and transporting and installing the new statue in Statuary Hall. All money accepted by the commissioner under
this section must be deposited in a dedicated account in the special revenue
fund and is appropriated to the commissioner for purposes of this section. The account expires on January 1, 2028, with
any money remaining in the account at that time appropriated to the State Arts
Board for purposes of the programs and activities authorized under Minnesota
Statutes, chapter 129D.
EFFECTIVE DATE. This
section is effective the day after the chief clerk of the house of
representatives and the secretary of the senate jointly notify the revisor of
statutes and the commissioner of administration that the state has satisfied the requirements for a statue
replacement request under United States Code, title 2, chapter 30, section
2132.
Sec. 26. REVISOR
INSTRUCTION.
The revisor of statutes
must replace each reference to section 609.466 in Minnesota Statutes with a
reference to section 609.467.
EFFECTIVE DATE. This
section is effective August 1, 2025.
Sec. 27. REPEALER.
Subdivision 1. Employee
gainsharing. Minnesota
Statutes 2024, section 16A.90, is repealed.
Subd. 2. Advisory
Council on Infrastructure. Minnesota
Statutes 2024, sections 16B.356; 16B.357; 16B.358; and 16B.359, are repealed.
Subd. 3. CPA
substantial equivalence. Minnesota
Rules, part 1105.7900, item D, is repealed.
Subd. 4. Medical
assistance fraud. Minnesota
Statutes 2024, section 609.466, is repealed.
EFFECTIVE DATE. Subdivision
3 is effective the day following final enactment. Subdivision 4 is effective August 1, 2025.
ARTICLE 3
BUSINESS FILING FRAUD AND DECEPTIVE MAILINGS
Section 1. [5.60]
LATE RENEWAL PENALTY.
Subdivision 1. Late
penalty. The secretary of
state may require a person to pay a late penalty of up to $25 when filing for
renewal or reinstatement of a business entity that the secretary of state has
dissolved, terminated, or revoked due to failure to file an annual renewal, or
a business entity for which the secretary of state has canceled a certificate
of authority. The secretary of state
must deposit all late penalty revenue in the account created under subdivision
2. The late penalty is in addition to
any other fee or assessment provided by law.
Subd. 2. Account;
appropriation. The secretary
of state fraud prevention and data security account is created in the special
revenue fund. Money in the account is
appropriated to the secretary of state to:
(1) fulfill statutory
and constitutional duties regarding fraud prevention and data privacy and
security, including but not limited to cyber security and the Minnesota
Business Filing Fraud Prevention Act under sections 300.70 to 300.78;
(2) ensure the accuracy
and completeness of documents that are permitted or required under law to be
filed with the secretary of state; and
(3) enhance the
secretary of state's information and telecommunications technology systems and services.
Subd. 3. Annual
report. By February 15 each
year, the secretary of state must submit a report identifying the amount of
revenue collected and outcomes achieved under this section to the chairs and
ranking minority members of the legislative committees with jurisdiction over
state government finance and policy.
EFFECTIVE DATE. This
section is effective July 1, 2025, and applies to renewal or reinstatement
applications submitted on or after that date.
Sec. 2. Minnesota Statutes 2024, section 13.485, subdivision 1, is amended to read:
Subdivision 1. Scope. The sections referred to in subdivisions
3 to 6 7 are codified outside this chapter. Those sections classify corporation data as
other than public, place restrictions on access to government data, or involve
data sharing.
Sec. 3. Minnesota Statutes 2024, section 13.485, is amended by adding a subdivision to read:
Subd. 7. Business
fraud investigations. Government
data related to investigations under sections 300.70 to 300.78 are governed by
section 300.78.
Subdivision 1. Citation. Sections 300.70 to 300.78 may be cited
as the "Minnesota Business Filing Fraud Prevention Act."
Subd. 2. Definitions. (a) For purposes of sections 300.70 to
300.78, the following terms have the meanings given.
(b)
"Complainant" means a person who (1) delivers a declaration of
wrongful filing, and (2) has a connection to the allegedly wrongful filing or
the related business.
(c) "Filer"
means the person who has allegedly made a wrongful filing.
(d) "Office"
means the Office of the Secretary of State.
Sec. 5. [300.71]
DECLARATION OF WRONGFUL FILING.
Subdivision 1. Form
and contents of declaration. (a)
A complainant may deliver a declaration of wrongful filing to the office if the
complainant believes that a document filed under chapters 301 to 323A:
(1) was not authorized
to be filed; and
(2) was filed with the
intent to: (i) modify the ownership,
registered agent, business address, contact information, governance, or other
information of a business on record; or (ii) register a business using another
person's name, address, or identity.
(b) A declaration of
wrongful filing must include:
(1) the file number of
the allegedly wrongful filing;
(2) the complainant's
name, mailing address, and email address;
(3) whether the
complainant is employed by or has an ownership interest in the business that is
the subject of the filing;
(4) any information or
evidence supporting the complainant's allegations under this section;
(5) a statement verifying the complainant believes in good faith that
the facts stated in the declaration are true; and
(6) any other
information the office deems necessary.
(c) The office must
provide a form for declarations filed under this section. A complainant must use the provided form when
submitting a declaration of wrongful filing.
(d) A false material
statement of fact in a declaration of wrongful filing or any other document
submitted under sections 300.70 to 300.78 is a violation of section 609.48.
Subd. 2. Review
of declaration. (a) The
office must promptly accept or reject a declaration of wrongful filing.
(b)
The office may reject a declaration of wrongful filing that is incomplete or
does not use the provided form or if the office reasonably believes it was
delivered with the intent to harass or defraud the filer. The office may reject a declaration of
wrongful filing if the office has already issued a final order on the filing
identified in the declaration.
Subd. 3. Nonexclusive
remedy. The remedy in
sections 300.70 to 300.78 is not exclusive.
An aggrieved party may seek district court action regardless of whether
the individual has initiated or completed the procedure described in these
sections.
Sec. 6. [300.72]
NOTICE.
(a) When the office
accepts a declaration of wrongful filing, the office must provide notice of the
declaration to the complainant and the filer.
The notice must describe the allegations made in the declaration and the
process used to resolve the allegations.
The notice must prominently state the response timeline in section
300.73 and the consequences if the filer does not respond. The notice must prominently state that a
false statement of material fact in any documents submitted under sections
300.70 to 300.78 is a violation of section 609.48.
(b) The office must send
the notice by first class mail, postage prepaid, to:
(1) the complainant at
the mailing address provided in the declaration; and
(2) the filer at:
(i) the most recent
registered business address associated with the filing named in the
declaration; or
(ii) if a mailing
address for the filer cannot be identified, the notice may be served on the
filer as provided under section 5.25, subdivision 6.
(c) Notice is deemed
received by the complainant and the filer upon mailing.
(d) If the notice to the
filer is returned as undeliverable, the office may deem the filing fraudulent
and immediately issue a final order as provided under section 300.76,
notwithstanding the time period under section 300.73.
Sec. 7. [300.73]
RESPONSE.
(a) After notice is
received, the filer must respond in writing to the allegations in the
declaration. The response must be
received by the office within 21 calendar days of receipt of the notice.
(b) The filer's response
under this section must include any information refuting the allegations
contained in the complainant's declaration.
Sec. 8. [300.74]
PROCEDURE WHEN NO RESPONSE RECEIVED.
If the filer does not
respond within the time period under section 300.73, the office must deem the
filing fraudulent and issue a final order as provided under section 300.76.
Sec. 9. [300.75]
PROCEDURE WHEN RESPONSE RECEIVED.
Subdivision 1. Preliminary
determination. (a) If the
filer responds within the period under section 300.73, the office must further
investigate the allegations in the declaration and information in the response
and make a preliminary determination regarding whether the filing named in the
declaration is fraudulent.
(b)
The office may request additional information from the complainant and the
filer if necessary to make the preliminary determination.
Subd. 2. Notice
of preliminary determination. The
office must send notice of the preliminary determination to the complainant and
the filer in the manner described under section 300.72. Notice is deemed received in the manner
described under section 300.72.
Subd. 3. Response. After notice is received, the
nonprevailing party must respond to the preliminary determination within ten
calendar days with additional information or evidence in support of the
nonprevailing party's position. The
prevailing party may send additional information or evidence within the same
time period. The response must be
received by the office within the time period provided under this subdivision.
Subd. 4. Procedure
if no second response is received. If
the nonprevailing party does not respond as required under subdivision 3, the
preliminary determination becomes final and the office must issue a final order
under section 300.76.
Subd. 5. Procedure
if second response is received. If
the nonprevailing party responds as required under subdivision 3, the office
must consider the additional information provided, make a final determination
regarding whether the filing named in the declaration is fraudulent, and issue
a final order under section 300.76.
Subd. 6. Factors. When making a preliminary or final
determination under this section, the office may consider various factors,
including but not limited to:
(1) whether the office
has previously received declarations of wrongful filing or issued final orders
relating to the business, the filer, or the complainant;
(2) the previous filing
history relating to the business, the filer, or the complainant;
(3) whether the filer or
complainant failed to respond to a request for additional information; and
(4) whether the office
is able to independently verify the information provided by the filer or
complainant using publicly available information.
Sec. 10. [300.76]
FINAL ORDER.
Subdivision 1. Filings
deemed fraudulent. (a) If the
office deems a filing fraudulent under section 300.74 or 300.75, the office
must issue a final order under this subdivision. The final order must provide the office's
rationale for deeming the filing fraudulent.
(b) When a filing is
deemed fraudulent pursuant to a final order under this subdivision, the filing
must be treated for legal purposes as if the filing never existed. In the case of a business registered using a
Minnesota resident's name, address, or identity without the resident's
authorization, the business is deemed dissolved.
(c) When a filing is
deemed fraudulent pursuant to a final order, the office must:
(1) mark the
unauthorized filing or the business record as unauthorized or fraudulent;
(2) redact names and
addresses that were used without authorization; and
(3) retain a copy of the final order.
(d) In
addition to the actions in paragraph (c), the office may:
(1) disable additional
filing functionality on the business entity's record; or
(2) take other action
the office deems necessary to prevent further unauthorized filings, protect
private information, or prevent misuse of unauthorized information.
Subd. 2. Filings
deemed not fraudulent or insufficient evidence. If the office determines that a filing
is not fraudulent or that insufficient information is available to make a
determination, the office must issue a final order stating that the office is
not removing the filing from the database.
The final order must provide the office's rationale for determining that
the filing is not fraudulent or that insufficient information is available to
make a determination.
Sec. 11. [300.77]
JUDICIAL REVIEW.
(a) Any party who is
aggrieved by a final order under section 300.76 may appeal the order to the
district court of the Minnesota county where the business that is the subject
of the final order is registered or was registered before the business's
dissolution or, if the business is not registered in Minnesota, to the district
court of Ramsey County. The aggrieved
party may also appeal the final order as part of any district court action
between the filer and complainant where the filing at issue is relevant to the
issues in the case.
(b) The aggrieved party
must serve a written copy of a notice of appeal upon the office and any adverse
party of record within 30 calendar days after the date the final order was
issued and must also file the original notice and proof of service with the
court administrator of the district court.
Service may be made in person or by mail. Service by mail is complete upon mailing. The court administrator is prohibited from
requiring a filing fee for appeals taken pursuant to this section.
(c) The office may elect
to become a party to the proceedings in the district court.
(d) The court may order
that the office furnish the court and all parties to the proceedings with a
copy of the decision, the filing that is the subject of the decision, and any
materials or information submitted to the office. Any materials provided under this section
that are filed with the court must be done so under restricted access unless
the court orders otherwise.
(e) A party may obtain a
hearing at a special term of the district court by serving a written notice of
the hearing's time and place at least ten days before the date of the hearing.
(f) A party aggrieved by
the order of the district court may appeal the order as in other civil cases. Costs or disbursements must not be taxed
against a party. A filing fee or bond
must not be required of a party.
Sec. 12. [300.78]
DATA PRACTICES.
Subdivision 1. Definitions. For purposes of this section,
"nonpublic data" has the meaning given in section 13.02, subdivision
9, and "private data on individuals" has the meaning given in section
13.02, subdivision 12.
Subd. 2. Data
classification. Data
submitted by a complainant or filer under sections 300.70 to 300.78 is
classified as nonpublic data or private data on individuals. A final order under section 300.76 is public
data, subject to the following: the
complainant or filer's personal contact information is classified as private
data on individuals. The unredacted
version of a filing deemed fraudulent pursuant to a final order under section
300.76, subdivision 1, is classified as nonpublic data or private data on
individuals. The version of the filing
that has been redacted pursuant to section 300.76, subdivision 1, paragraph
(c), is classified as public data.
Subd. 3. Dissemination
permitted. Notwithstanding
subdivision 2, the office may disseminate data of any classification collected,
created, or maintained under sections 300.70 to 300.78:
(1) to the attorney
general to aid the office in the investigation and review of a filing that is
the subject of a declaration of wrongful filing;
(2) to a person or
agency if the office determines that access to the data aids a criminal or
civil investigation; or
(3) if required or
authorized by a court order or other state or federal law.
Sec. 13. [300.79]
PROHIBITION ON DECEPTIVE BUSINESS MAILINGS.
Subdivision 1. Definition. For purposes of this section,
"solicitation" means a communication that is sent by a nongovernment
third party to a business and that purports to:
(1) notify the business
of an operating requirement, including but not limited to filing documents with
or retrieving documents from the Office of the Secretary of State; or
(2) offer a service that
relates to filing documents with, producing documents for, or reporting
information to the Office of the Secretary of State.
Subd. 2. Design
and content requirements. (a)
A solicitation must:
(1) include a clear
statement indicating that the solicitation is an advertisement and is not from
a government agency. The statement must
be placed at the top of a physical document or the beginning of an electronic
communication and must be in at least 24-point font. All other text in the document must be
smaller than the statement required by this clause;
(2) provide information
indicating where an individual is able to directly file documents with the
secretary of state or retrieve copies of public records;
(3) disclose the name
and physical address of the company sending the solicitation. The physical address must not be a post
office box; and
(4) for a mailed
solicitation, prominently display in capital letters on the envelope or outer
wrapper the words "THIS IS NOT A GOVERNMENT DOCUMENT."
(b) The overall design
and language of a solicitation must not:
(1) create the
impression that the solicitation is an official government notice or document;
(2) incorporate the
Minnesota state seal or other logo or branding of the state or any state
agency; or
(3) indicate or imply a
legal duty to act on the solicitation or a penalty for failure to act on the
solicitation.
Subd. 3. Penalties. (a) A person who sends a solicitation
that does not comply with the requirements of this section is guilty of a
misdemeanor.
(b) A violation of this section is a
violation of sections 325D.43 to 325D.48.
Subdivision 1. Acts constituting. Whoever makes a false material statement not believing it to be true in any of the following cases is guilty of perjury and may be sentenced as provided in subdivision 4:
(1) in or for an action, hearing or proceeding of any kind in which the statement is required or authorized by law to be made under oath or affirmation;
(2) in any writing which is required or authorized by law to be under oath or affirmation;
(3) in any writing made according to section 358.115;
(4) in any writing made
according to section 358.116; or
(5) in any writing made
according to sections 300.70 to 300.78; or
(6) in any other case in which the penalties for perjury are imposed by law and no specific sentence is otherwise provided.
Sec. 15. RULEMAKING.
The secretary of state
may adopt rules to carry out the provisions of this article. Notwithstanding Minnesota Statutes, section
14.125, no time limit applies to the authority granted under this section.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 16. EFFECTIVE
DATE.
Sections 2 to 12 and 14
are effective for filings made on or after January 1, 2026.
ARTICLE 4
ELECTIONS AND CAMPAIGN FINANCE APPROPRIATIONS
|
Section 1. ELECTIONS
AND CAMPAIGN FINANCE APPROPRIATIONS.
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The sums shown in the
columns marked "Appropriations" are appropriated to the agencies and
for the purposes specified in this article.
The appropriations are from the general fund, and are available for the
fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article
mean that the appropriations listed under them are available for the fiscal
year ending June 30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year
2026. "The second year" is
fiscal year 2027. "The
biennium" is fiscal years 2026 and 2027.
|
|
|
|
APPROPRIATIONS |
|
|
|
|
|
Available for the
Year |
|
|
|
|
|
Ending June 30 |
|
|
|
|
|
2026 |
2027 |
|
Sec. 2.
CAMPAIGN FINANCE AND PUBLIC
DISCLOSURE BOARD |
$1,819,000 |
|
$1,846,000 |
The base for this
appropriation is $1,846,000 in fiscal year 2028 and thereafter.
|
Sec. 3. SECRETARY OF STATE |
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$200,000 |
|
$-0- |
This appropriation is for
transfer to the Help America Vote Act account established in Minnesota
Statutes, section 5.30, and is credited to the state match requirement of the
Further Consolidated Appropriations Act of 2024, Public Law 118-47.
ARTICLE 5
ELECTIONS AND CAMPAIGN FINANCE POLICY
Section 1. Minnesota Statutes 2024, section 2.92, subdivision 2, is amended to read:
Subd. 2. Limitations. This section does not prohibit:
(1) denial of admittance into a particular apartment, room, manufactured home, or personal residential unit;
(2) in the case of a nursing home or an assisted living facility licensed under chapter 144G, denial of permission to visit certain persons for valid health reasons;
(3) limiting visits to a reasonable number of census employees or reasonable hours, provided that access must be permitted during the hours of 10:00 a.m. through 8:00 p.m. on any day, at a minimum;
(4) requiring a prior
appointment 24 hours prior notice to gain access to the facility; or
(5) denial of admittance to or expulsion of an individual employee from a multiple unit dwelling for good cause.
Sec. 2. Minnesota Statutes 2024, section 2.92, is amended by adding a subdivision to read:
Subd. 2a. Notice
to residents. The owner,
manager, or operator of a multiple unit dwelling is encouraged to notify
residents of the days on which a census worker has provided notice of an intent
to be present.
Sec. 3. Minnesota Statutes 2024, section 10A.09, subdivision 1, is amended to read:
Subdivision 1. Time for filing. An individual must file a statement of economic interest:
(1) within 60 days of accepting employment as a public official or a local official in a metropolitan governmental unit;
(2) within 60 days of assuming office as a district court judge, appeals court judge, supreme court justice, or county commissioner;
(3) within 14 days after filing
the candidate filing period ends where the candidate filed an affidavit
of candidacy or petition to appear on the ballot for an elective state
constitutional or legislative office or an elective local office in a
metropolitan governmental unit other than county commissioner;
(4) in the case of a public official requiring the advice and consent of the senate, within 14 days after undertaking the duties of office; or
(5) in the case of members of the Minnesota Racing Commission, the director of the Minnesota Racing Commission, chief of security, medical officer, inspector of pari-mutuels, and stewards employed or approved by the commission or persons who fulfill those duties under contract, within 60 days of accepting or assuming duties.
EFFECTIVE
DATE. This section is
effective January 1, 2026.
200.031 DETERMINATION OF RESIDENCE.
Residence shall be determined in accordance with the following principles, so far as they may be applicable to the facts of the case:
(1) The residence of an individual is in the precinct where the individual's home is located, from which the individual has no present intention of moving, and to which, whenever the individual is absent, the individual intends to return.
(2) An individual does not lose residence if the individual leaves home to live temporarily in another state or precinct.
(3) An individual does not acquire a residence in any precinct of this state if the individual is living there only temporarily, without the intention of making that precinct home.
(4) If an individual goes into another state or precinct with the intention of making it home or files an affidavit of residence there for election purposes, the individual loses residence in the former precinct.
(5) If an individual moves to another state with the intention of living there for an indefinite period, the individual loses residence in this state, notwithstanding any intention to return at some indefinite future time.
(6) Except as otherwise provided in this section, an individual's residence is located in the precinct where the individual's family lives, unless the individual's family is living in that precinct only temporarily.
(7) If an individual's family lives in one precinct and the individual lives or does business in another, the individual's residence is located in the precinct where the individual's family lives, unless the individual establishes a home in the other precinct and intends to remain there, with or without the individual's family.
(8) The residence of a single individual is in the precinct where the individual lives and usually sleeps.
(9) The mere intention to acquire a new residence, is not sufficient to acquire a new residence, unless the individual moves to that location; moving to a new location is not sufficient to acquire a new residence unless the individual intends to remain there.
(10) The residence of an individual who is working temporarily in any precinct of this state is in the precinct where the individual's permanent home is located.
(11) The residence of an individual who is living permanently in a soldiers' home or nursing home is in the precinct where the home is located.
(12) If an individual's home lies in more than one precinct or political subdivision, the residence of the individual is in the precinct in which a majority of the room in which the individual usually sleeps is located.
(13) If an individual's home is destroyed or rendered uninhabitable by fire or natural disaster, the individual does not lose residence in the precinct where the home is located if the individual intends to return to the home when it is reconstructed or made habitable.
(14) The residence of a
person committed to a secure treatment facility as a sexual psychopathic
personality or as a sexually dangerous person under chapter 253D is the
person's last known residential address prior to issuance of the committal
order.
Subd. 3. Election day registration. (a) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration application, making an oath in the form prescribed by the secretary of state and providing proof of residence. An individual may prove residence for purposes of registering by:
(1) presenting a driver's license or Minnesota identification card issued pursuant to section 171.07;
(2) presenting any document approved by the secretary of state as proper identification;
(3) presenting a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or
(4) having a voter who is registered to vote in the precinct, or an employee who provides proof that they are employed by and working in a residential facility in the precinct and vouching for a resident in the facility, sign an oath in the presence of the election judge vouching that the voter or employee personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day. An election judge may not sign a proof of residence oath vouching for any individual who appears in the precinct where the election judge is working. A voter who is registered to vote in the precinct may sign up to eight proof-of-residence oaths on any election day. This limitation does not apply to an employee of a residential facility described in this clause. The secretary of state shall provide a form for election judges to use in recording the number of individuals for whom a voter signs proof-of-residence oaths on election day. The form must include space for the maximum number of individuals for whom a voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form must include a statement that the individual: (i) is registered to vote in the precinct or is an employee of a residential facility in the precinct, (ii) personally knows that the voter is a resident of the precinct, and (iii) is making the statement on oath. The form must include a space for the voter's printed name, signature, telephone number, and address.
The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be attached to the voter registration application.
(b) The operator of a
residential facility shall prepare a list of the names of its employees
currently working in the residential facility and the address of the
residential facility. The operator shall
certify the list and provide it to the appropriate county auditor no less than
20 days before each election for use in election day registration. The secretary of state must publish
guidance for residential facilities and residential facility employees on the
vouching process and the requirements of this subdivision.
(c) "Residential facility" means transitional housing as defined in section 256K.48, subdivision 1; a supervised living facility licensed by the commissioner of health under section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; an assisted living facility licensed by the commissioner of health under chapter 144G; a veterans home operated by the board of directors of the Minnesota Veterans Homes under chapter 198; a residence licensed by the commissioner of human services to provide a residential program as defined in section 245A.02, subdivision 14; a residential facility for persons with a developmental disability licensed by the commissioner of human services under section 252.28; setting authorized to provide housing support as defined in section 256I.03, subdivision 10a; a shelter for battered women as defined in section 611A.37, subdivision 4; a supervised publicly or privately operated shelter or dwelling designed to provide temporary living accommodations for the homeless; a facility where a provider operates a residential treatment program as defined in section 245.462, subdivision 23; or a facility where a provider operates an adult foster care program as defined in section 245A.02, subdivision 6c.
(1) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, address, signature, and picture of the individual; or
(2) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, signature, and picture of the individual and also presenting one of the documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
(e) A county, school district, or municipality may require that an election judge responsible for election day registration initial each completed registration application.
Sec. 6. Minnesota Statutes 2024, section 201.061, subdivision 3a, is amended to read:
Subd. 3a. Additional proofs of residence permitted for students. (a) If an eligible voter's name; student identification number, if available; and address within the precinct appear on a current residential housing list under section 135A.17 certified to the county auditor by the postsecondary educational institution, the voter may prove residence by presenting a current valid photo identification issued by a postsecondary educational institution in Minnesota; identification authorized in subdivision 3, paragraph (a), clause (1) or (2); or identification authorized in subdivision 3, paragraph (d), clause (1) or (2).
(b) This additional proof of residence for students must not be allowed unless the postsecondary educational institution submits to the county auditor no later than 60 days prior to the election a written agreement that the postsecondary educational institution will certify for use at the election accurate updated residential housing lists under section 135A.17. A written agreement is effective for the election and all subsequent elections held in that calendar year, including the November general election.
(c) The additional proof of residence for students must be allowed on an equal basis for voters who reside in housing meeting the requirements of section 135A.17, if the residential housing lists certified by the postsecondary educational institution meet the requirements of this subdivision.
(d) An updated residential housing list must be certified to the county auditor no later than 20 days prior to each election. The certification must be dated and signed by the chief officer or designee of the postsecondary educational institution and must state that the list is current and accurate and includes only the names of persons residing in the institution's housing and, for students who do not live in the institution's housing, that it reflects the institution's records as of the date of the certification.
(e) This additional
proof of residence for students must be allowed during the 18 days before an
election and on election day. The
county auditor shall instruct the election judges of the precinct in
procedures for use of the list in conjunction with photo identification. The auditor shall supply a list to the
election judges with the election supplies for the precinct.
(f) The county auditor shall notify all postsecondary educational institutions in the county of the provisions of this subdivision.
Subdivision 1. Form. Both paper and electronic voter
registration applications must contain the same information unless otherwise
provided by law. A voter registration
application must contain spaces for the following required information: voter's first name, middle name, and last
name; voter's previous name, if any; voter's current address; voter's previous
address, if any; voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter; date of
registration; current and valid Minnesota driver's license number or Minnesota
state identification number, or if the voter has no current and valid Minnesota
driver's license or Minnesota state identification, the last four digits of the
voter's Social Security number; a box to indicate a voter's preference to
join the permanent absentee voter list; and voter's signature. The paper registration application must
provide a space for a voter to provide a physical description of the location
of their residence, if the voter resides in an area lacking a specific physical
address. The description must be
sufficient for the county auditor to identify the correct precinct for the
voter. The description may include the
closest cross street or the nearest address to the described location that is
identified on a precinct map, and directions from that cross street or address
to the described location, including but not limited to the cardinal direction
and approximate distance to the location.
The paper registration application may include the voter's email
address, if provided by the voter. The
electronic voter registration application must include the voter's email
address. The registration application
may include the voter's interest in serving as an election judge, if indicated
by the voter. The application must also
contain the following certification of voter eligibility:
"I certify that I:
(1) am at least 16 years old and understand that I must be at least 18 years old to be eligible to vote;
(2) am a citizen of the United States;
(3) will have maintained residence in Minnesota for 20 days immediately preceding election day;
(4) maintain residence at the address or location given on the registration form;
(5) am not under court-ordered guardianship in which the court order revokes my right to vote;
(6) have not been found by a court to be legally incompetent to vote;
(7) am not currently incarcerated for a conviction of a felony offense; and
(8) have read and understand the following statement: that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."
The certification must include boxes for the voter to respond to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Are you at least 16 years old and will you be at least 18 years old on or before the day of the election in which you intend to vote?"
And the instruction:
"If you checked 'no' to either of these questions, do not complete this form."
An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.
Sec. 8. Minnesota Statutes 2024, section 203B.04, subdivision 1, is amended to read:
Subdivision 1. Application
procedures. (a) Except as otherwise
allowed by subdivision 2 or by section 203B.11, subdivision 4, or 203B.29,
an application for absentee ballots for any election:
(1) may be submitted in
person at any time not later than the day before the election; or
(2) if not submitted in
person as provided in clause (1), must be received at any time not less
than one day seven days before the day of that election.
(b) The county auditor shall prepare absentee ballot application forms in the format provided by the secretary of state and shall furnish them to any person on request. By January 1 of each even-numbered year, the secretary of state shall make the forms to be used available to auditors through electronic means. An application submitted pursuant to this subdivision shall be in writing. An application may be submitted in person, by electronic facsimile device, by electronic mail, or by mail to:
(1) the county auditor of the county where the applicant maintains residence; or
(2) the municipal clerk of the municipality, or school district if applicable, where the applicant maintains residence.
(b) (c) An
absentee ballot application may alternatively be submitted electronically
through a secure website that shall be maintained by the secretary of state for
this purpose. After 5:00 p.m. seven
days prior to an election, the secretary of state must replace the electronic
application with information detailing the available options to vote before and
on the upcoming election day.
Notwithstanding paragraph (d) (e), the secretary of state
must require applicants using the website to submit the applicant's email
address and the applicant's:
(1) verifiable
Minnesota driver's license number, or Minnesota state
identification card number, or; and
(2) the last four digits of the applicant's Social Security number.
If an applicant does not possess both types of documents, the applicant must include the number for one type of document and must affirmatively certify that the applicant does not possess the other type of documentation. This paragraph does not apply to a town election held in March.
(c) (d) An
application submitted electronically under this paragraph (c) may
only be transmitted to the county auditor for processing if the secretary of
state has verified the application information matches the information in a
government database associated with the applicant's driver's license number,
state identification card number, or Social Security number. The secretary of state must review all
unverifiable applications for evidence of suspicious activity and must forward
any such application to an appropriate law enforcement agency for
investigation.
(d)
(1) the applicant's Minnesota driver's license number;
(2) Minnesota state identification card number;
(3) the last four digits of the applicant's Social Security number; or
(4) a statement that the applicant does not have any of these numbers.
All applications must be retained by the
county auditor or the municipal clerk or school district clerk, if applicable. If an application is received after 5:00 p.m.
seven days prior to the election, the official in charge of the ballot board
must, within one day of receipt of the application, attempt to contact the
applicant by telephone or email to notify the applicant of opportunities to
vote in the election. The official must
document the attempts made to contact the applicant.
(e) (f) To be
approved, the application must contain an oath that the information contained
on the form is accurate, that the applicant is applying on the applicant's own
behalf, and that the applicant is signing the form under penalty of perjury.
(f) (g) An
applicant's full date of birth, Minnesota driver's license or state
identification number, and the last four digits of the applicant's Social
Security number must not be made available for public inspection. An application may be submitted to the county
auditor or municipal clerk by an electronic facsimile device. An application mailed or returned in person
to the county auditor or municipal clerk on behalf of a voter by a person other
than the voter must be deposited in the mail or returned in person to the
county auditor or municipal clerk within ten seven days after it
has been dated by the voter and no later than six seven days
before the election.
(g) (h) An
application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot.
Sec. 9. Minnesota Statutes 2024, section 203B.05, subdivision 1, is amended to read:
Subdivision 1. Generally. The full-time clerk of any city or town shall administer the provisions of sections 203B.04 to 203B.15 and 203B.30 if:
(1) the county auditor of that county has designated the clerk to administer them and the clerk accepts that responsibility; or
(2) the clerk has given the county auditor of that county notice of intention to administer them.
The designation or notice must specify whether the clerk will be responsible for the administration of a ballot board as provided in section 203B.121 and whether the municipality's office will be designated an absentee voting location pursuant to section 203B.081, subdivision 1, or only for early voting pursuant to section 203B.081, subdivision 1a.
A clerk of a city that is located in more than one county may only administer the provisions of sections 203B.04 to 203B.15 and 203B.30 if the clerk has been designated by each of the county auditors or has provided notice to each of the county auditors that the city will administer absentee voting. A clerk may only administer the provisions of sections 203B.04 to 203B.15 and 203B.30 if the clerk has technical capacity to access the statewide voter registration system in the secure manner prescribed by the secretary of state. The secretary of state must identify
EFFECTIVE DATE. This
section is effective upon the revisor of statutes' receipt of the early voting
certification and applies to elections held on or after the 85th day after the
revisor of statutes receives the certification.
Sec. 10. Minnesota Statutes 2024, section 203B.08, subdivision 1, is amended to read:
Subdivision 1. Marking
and return by voter. (a) An eligible
voter who receives absentee ballots as provided in this chapter shall mark them
in the manner specified in the directions for casting the absentee ballots. The return signature envelope
containing marked ballots may be mailed as provided in the directions for
casting the absentee ballots, may be left with the county auditor or municipal
clerk who transmitted the absentee ballots to the voter, or may be left in a
drop box as provided in section 203B.082.
If delivered in person, the return signature envelope must
be submitted to the county auditor or municipal clerk by 8:00 p.m. 5:00
p.m. on election day.
(b) The voter may designate
an agent to deliver in person the sealed absentee ballot return signature
envelope to the county auditor or municipal clerk or to deposit the return
signature envelope in the mail. An
agent may deliver or mail the return signature envelopes of not
more than three voters in any election. Any
person designated as an agent who tampers with either the return signature
envelope or the voted ballots or does not immediately mail or deliver the return
signature envelope to the county auditor or municipal clerk is guilty of
a misdemeanor.
Sec. 11. Minnesota Statutes 2024, section 203B.08, subdivision 3, is amended to read:
Subd. 3. Procedures
on receipt of ballots. When absentee
ballots are returned to a county auditor or municipal clerk, that official
shall stamp or initial and date the return signature envelope and
place it in a locked ballot container or other secured and locked space with
other return signature envelopes received by that office. Within five days after receipt, the county
auditor or municipal clerk shall deliver to the ballot board all ballots
signature envelopes received, except that during the 14 days immediately
preceding an election, the county auditor or municipal clerk shall deliver all ballots
signature envelopes received to the ballot board within three days. Ballots Signature envelopes
received on election day after 8:00 p.m. shall be marked as received late by
the county auditor or municipal clerk, and must not be delivered to the ballot
board.
Sec. 12. Minnesota Statutes 2024, section 203B.081, subdivision 4, is amended to read:
Subd. 4. Temporary locations. (a) A county auditor or municipal clerk authorized under section 203B.05 to administer voting before election day may designate additional polling places with days and hours that differ from those required by section 203B.085. A designation authorized by this subdivision must be made at least 47 days before the election. The county auditor or municipal clerk must provide notice to the secretary of state at the time that the designations are made.
(b) At the request of a federally recognized Indian Tribe with a reservation or off-reservation Tribal Lands in the county, the county auditor must establish an additional polling place for at least one day on the Indian reservation or off-reservation Tribal Lands on a site agreed upon by the Tribe and the county auditor that is accessible to the county auditor by a public road.
(1) is accessible to the public;
(2) satisfies the requirements of state and federal law; and
(3) is on the institution's campus or is within one-half mile of the institution's campus and is reasonably accessible to the institution's students.
A request must be made no later than May 31 before an election and the request is valid only for that election. This paragraph only applies to a postsecondary institution that provides on-campus student housing to 100 or more students. Nothing in this paragraph prevents the county auditor or municipal clerk from engaging in a dialogue with the entity that made the request regarding potential alternative locations for a temporary polling place that does not meet the requirements of clause (3). An entity that made a request for a temporary polling place may withdraw its request by notifying the county auditor or municipal clerk.
(d) Within five business
days of designating an additional polling place under this subdivision, the
county auditor or municipal clerk must post on the county's or municipality's
website the address of the polling place and the dates and times the polling
place will be available for voting. Within
five business days of receiving the notice described in paragraph (a), the
secretary of state must post on the secretary of state's website the address of
the polling place and the dates and times the polling place will be available
for voting. If a designation applies to
both a primary and general election, a separate notice must be provided for
each election, and the notice for the general election may not be posted until
after the date of the primary election.
Sec. 13. Minnesota Statutes 2024, section 203B.12, subdivision 10, is amended to read:
Subd. 10. Names of persons; absentee ballot applications. The names of voters who have submitted an absentee ballot application to the county auditor or municipal clerk, the date on which the application was signed, the date on which the application was accepted, and the method of submission must be available to the public in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
Sec. 14. Minnesota Statutes 2024, section 203B.121, subdivision 4, is amended to read:
Subd. 4. Opening
of envelopes. (a) After the
close of business on the 19th day before the election, the ballots from secrecy
ballot envelopes within the signature envelopes marked
"Accepted" may be opened, duplicated as needed in the manner provided
in section 206.86, subdivision 5, initialed by the members of the ballot board,
and deposited in the appropriate ballot box.
If more than one voted ballot is enclosed in the ballot envelope, the
ballots must be returned in the manner provided by section 204C.25 for return
of spoiled ballots, and may not be counted.
(b) Accepted signature
envelopes must be segregated by precinct and processed in accordance with this
subdivision on a precinct-by-precinct basis.
Precincts within a combination polling place established in section
205A.11, subdivision 2, may be processed together. At each step, members of the ballot board
must notify the official responsible for the ballot board if there is a
discrepancy in any count required by paragraphs (c) to (e) and note it in the
ballot board incident log.
(c)
Before opening accepted signature envelopes, two members of the ballot board
must count and record the number of envelopes and ensure that the count matches
either the number of accepted signature envelopes provided by the official responsible for the ballot board
or the number of signature envelopes accepted by the ballot board that day.
(d) Two members of the
ballot board must remove the ballots from the ballot envelopes. The governing body responsible for the ballot
board must not dispose of or destroy any ballot envelopes until 30 days after
the deadline for bringing an election contest expires or, if a contest is
filed, 30 days after completion of the contest and any related appeals,
whichever is later.
(e) After ballots have been
removed from the ballot envelopes, two members of the ballot board must count
and record the number of ballots to ensure the count matches the number of accepted
signature envelopes, accounting for any empty envelopes or spoiled ballots,
which must be noted on the ballot board incident log.
Sec. 15. Minnesota Statutes 2024, section 203B.121, subdivision 5, is amended to read:
Subd. 5. Storage and counting of absentee ballots. (a) On a day on which absentee ballots are inserted into a ballot box, two members of the ballot board must:
(1) remove the ballots from the ballot box at the end of the day;
(2) without inspecting the
ballots, ensure that the number of ballots removed from the ballot box is equal
to the number of voters whose absentee ballots were accepted from
the tally in subdivision 4 that were to be inserted into the ballot box
that day; and
(3) seal and secure all voted and unvoted ballots present in that location at the end of the day.
(b) After the polls have
closed on election day, two members of the ballot board must count the ballots,
tabulating the vote in a manner that indicates each vote of the voter and the
total votes cast for each candidate or question. In state primary and state general elections,
the results must indicate the total votes cast for each candidate or question
in each precinct and report the vote totals tabulated for each precinct. The count must be recorded on a summary
statement in substantially the same format as provided in section 204C.26. The ballot board shall must
submit at least one completed summary statement to the county auditor or
municipal clerk. The county auditor or
municipal clerk may require the ballot board to submit a sufficient number of
completed summary statements to comply with the provisions of section 204C.27,
or the county auditor or municipal clerk may certify reports containing the
details of the ballot board summary statement to the recipients of the summary
statements designated in section 204C.27.
In state primary and
state general elections, These vote totals shall must be
added to the vote totals on the summary statements of the returns for the
appropriate precinct. In other
elections, these vote totals may be added to the vote totals on the summary
statement of returns for the appropriate precinct or may be reported as a
separate total.
The count shall must
be public. No vote totals from ballots
may be made public before the close of voting on election day.
(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been completed previously, the members of the ballot board must verify as soon as possible, but no later than 24 hours after the end of the hours for voting, that voters whose absentee ballots arrived after the rosters were marked or supplemental reports were generated and whose ballots were accepted did not vote in person on election day. An absentee ballot submitted by a voter who has voted in person on election day must be rejected. All other accepted absentee ballots must be opened in accordance with the procedures outlined in subdivision 4, except for the absentee ballots cast using the alternative procedure in section 203B.081, subdivision 3, duplicated if necessary, and counted by members of the ballot board. The vote totals from these ballots must be incorporated into the totals with the other absentee ballots and handled according to paragraph (b).
Subdivision 1. Emergency response providers. Any eligible Minnesota voter who is a trained or certified emergency response provider or utility worker who is deployed in response to any state of emergency declared by the President of the United States or any governor of any state within the United States during the time period authorized by law for absentee voting or on election day may request that ballots, instructions, and a certificate of voter eligibility be transmitted to the voter electronically. Upon receipt of a properly completed application requesting electronic transmission, the county auditor must electronically transmit the requested materials to the voter. The absentee ballot application deadlines in section 203B.04, subdivision 1, do not apply to this subdivision. The county auditor is not required to provide return postage to voters to whom ballots are transmitted electronically.
Sec. 17. Minnesota Statutes 2024, section 203B.29, subdivision 2, is amended to read:
Subd. 2. Reasonable accommodation for voter with disability. Any eligible Minnesota voter with a print disability, including any voter with disabilities that interfere with the effective reading, writing, or use of printed materials, may request that ballots, instructions, and a certificate of voter eligibility be transmitted to the voter electronically in an accessible format that meets Election Assistance Commission minimum accessibility requirements. Upon receipt of a properly completed application requesting electronic transmission, the county auditor shall electronically transmit the requested materials to the voter. The absentee ballot application deadlines in section 203B.04, subdivision 1, do not apply to this subdivision. The county auditor must also mail the voter materials required under section 203B.07.
Sec. 18. Minnesota Statutes 2024, section 203B.30, subdivision 3, is amended to read:
Subd. 3. Processing
of ballots. Each day when early
voting occurs, the early voting officials must:
(1) remove and
secure ballots cast during the early voting period following the procedures
in section 203B.121, subdivision 5, paragraph (a)., noting the date,
voting location, and number of ballots cast;
(2) without inspecting
the ballots, ensure that the number of ballots removed from the ballot box is
equal to the number of voter certificates that were signed by voters in
subdivision 2, paragraph (b); and
(3) seal and secure all
voted and unvoted ballots present in that location at the end of the day.
The absentee ballot
board must count the ballots after the polls have closed on election day
following the procedures in section 203B.121, subdivision 5, paragraph (b).
EFFECTIVE DATE. This
section is effective upon the revisor of statutes' receipt of the early voting
certification and applies to elections held on or after the 85th day after the
revisor of statutes receives the certification.
Sec. 19. Minnesota Statutes 2024, section 204B.06, subdivision 1b, is amended to read:
Subd. 1b. Address, electronic mail address, and telephone number. (a) An affidavit of candidacy must state a telephone number where the candidate can be contacted. An affidavit must also state the candidate's or campaign's nongovernment issued electronic mail address or an attestation that the candidate and the candidate's campaign do not possess an electronic mail address. Except for affidavits of candidacy for (1) judicial office, (2) the office of county attorney, or (3) county sheriff, an affidavit must also state the candidate's current address of residence as determined under section 200.031, or at the candidate's request in accordance with paragraph (c), the candidate's campaign contact address. When filing the affidavit, the candidate must present the filing officer with the candidate's valid driver's license or state identification card that contains the candidate's current address of residence,
(b) If an affidavit for an office where a residency requirement must be satisfied by the close of the filing period is filed as provided by paragraph (c), the filing officer must, within one business day of receiving the filing, determine whether the address provided in the affidavit of candidacy is within the area represented by the office the candidate is seeking. For all other candidates who filed for an office whose residency requirement must be satisfied by the close of the filing period, a registered voter in this state may request in writing that the filing officer receiving the affidavit of candidacy review the address as provided in this paragraph, at any time up to one day after the last day for filing for office. If requested, the filing officer must determine whether the address provided in the affidavit of candidacy is within the area represented by the office the candidate is seeking. If the filing officer determines that the address is not within the area represented by the office, the filing officer must immediately notify the candidate and the candidate's name must be removed from the ballot for that office. A determination made by a filing officer under this paragraph is subject to judicial review under section 204B.44.
(c) If the candidate requests that the candidate's address of residence be classified as private data, the candidate must list the candidate's address of residence on a separate form to be attached to the affidavit. The candidate must also certify on the affidavit that either: (1) a police report has been submitted, an order for protection has been issued, or the candidate has a reasonable fear in regard to the safety of the candidate or the candidate's family; or (2) the candidate's address is otherwise private pursuant to Minnesota law. The address of residence provided by a candidate who makes a request for classification on the candidate's affidavit of candidacy and provides the certification required by this paragraph is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed by the filing officer as provided in this subdivision.
(d) The requirements of
this subdivision do not apply to affidavits of candidacy for a candidate for: (1) judicial office; (2) the office of county
attorney; or (3) county sheriff.
Sec. 20. Minnesota Statutes 2024, section 204B.09, subdivision 1a, is amended to read:
Subd. 1a. Absent candidates. (a) A candidate for special district, county, state, or federal office who will be absent from the state during the filing period may submit a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary petitions in person to the filing officer. The candidate shall state in writing the reason for being unable to submit the affidavit during the filing period. The affidavit, filing fee, if any, and petitions must be submitted to the filing officer during the seven days immediately preceding the candidate's absence from the state. Nominating petitions may be signed during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
(b) A candidate for special
district, county, state, or federal office who will be absent from the state
during the entire filing period or who must leave the state for the remainder
of the filing period and who certifies to the secretary of state that the
circumstances constitute an emergency and were unforeseen, may submit a
properly executed affidavit of candidacy by facsimile device or by transmitting
electronically a scanned image of the affidavit and proof of residence
required in section 204B.06, subdivision 1b, to the secretary of state
during the filing period. The candidate
shall state in writing the specific reason for being unable to submit the
affidavit by mail or by hand during the filing period or in person prior to the
start of the filing period. The
affidavit of candidacy, filing fee, if any, and any necessary petitions must be
received by the secretary of state by 5:00 p.m. on the last day for filing. If the candidate is filing for a special
district or county office, the secretary of state shall forward the affidavit
of candidacy, filing fee, if any, and any necessary petitions to the
appropriate filing officer. Copies of
a proof of residence submitted under this subdivision are private data.
Subd. 2. Other
elections. Affidavits of candidacy
and nominating petitions for city, town or other elective offices shall be
filed during the time and with the official specified in chapter 205 or other
applicable law or charter, except as provided for a special district candidate
under subdivision 1a. Affidavits of
candidacy and applications filed on behalf of eligible voters for school board
office shall be filed during the time and with the official specified in
chapter 205A or other applicable law. Affidavits
of candidacy, including proof of residence required in section 204B.06,
subdivision 1b, and nominating petitions filed under this subdivision must
be submitted by mail or by hand, notwithstanding chapter 325L, or any other law
to the contrary, and must be received by the appropriate official within the
specified time for the filing of affidavits and petitions for the office. Copies of a proof of residence submitted
by mail are private data.
Sec. 22. Minnesota Statutes 2024, section 204B.14, subdivision 2, is amended to read:
Subd. 2. Separate precincts; combined polling place. (a) The following shall constitute at least one election precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling place may be established no later than November 1 if a presidential nomination primary is scheduled to occur in the following year or May 1 of any other year:
(1) for any city of the third or fourth class, any town, or any city having territory in more than one county, in which all the voters of the city or town shall cast their ballots;
(2) for contiguous precincts in the same municipality;
(3) for up to four contiguous municipalities located entirely outside the metropolitan area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
(4) for noncontiguous precincts located in one or more counties.
Subject to the requirements of paragraph (c), a single, accessible, combined polling place may be established after May 1 of any year in the event of an emergency.
A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body, and the county auditor must provide notice within ten days to the secretary of state, in a manner and including information prescribed by the secretary of state. A polling place combined under clause (3) must be approved by the governing body of each participating municipality. A polling place combined under clause (4) must be approved by the governing body of each participating municipality and the secretary of state and may be located outside any of the noncontiguous precincts. A municipality withdrawing from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than October 1 if a presidential nomination primary is scheduled to occur in the following year or April 1 of any other year, and the county auditor must provide notice within ten days to the secretary of state, in a manner and including information prescribed by the secretary of state.
(c) If a local elections official determines that an emergency situation preventing the safe, secure, and full operation of a polling place on election day has occurred or is imminent, the local elections official may combine two or more polling places for that election pursuant to this subdivision. To the extent possible, the polling places must be combined and the election conducted according to the requirements of paragraph (b), except that:
(1) polling places may be combined after May 1 and until the polls close on election day;
(2) any city or town, regardless of size or location, may establish a combined polling place under this paragraph;
(3) the governing body is not required to adopt an ordinance or resolution to establish the combined polling place;
(4) a polling place combined under paragraph (b), clause (3) or (4), must be approved by the local election official of each participating municipality;
(5) the local elections official must immediately notify the county auditor and the secretary of state of the combination, including the reason for the emergency combination and the location of the combined polling place. As soon as possible, the local elections official must also post a notice stating the reason for the combination and the location of the combined polling place. The notice must also be posted on the governing board's website, if one exists. The local elections official must also notify the election judges and request that local media outlets publicly announce the reason for the combination and the location of the combined polling place; and
(6) on election day, the local elections official must post a notice in large print in a conspicuous place at the polling place where the emergency occurred, if practical, stating the location of the combined polling place. The local election official must also post the notice, if practical, in a location visible by voters who vote from their motor vehicles as provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph must include a statement that the polling place hours at the combined polling place will be extended until the specified time.
Sec. 23. Minnesota Statutes 2024, section 204B.16, subdivision 1a, is amended to read:
Subd. 1a. Notice
to voters. (a) If the
location of a polling place has been changed, the governing body establishing
the polling place shall send to every affected household with at least one
registered voter in the precinct a nonforwardable mailed notice stating the
location of the new polling place at least 25 days before the next election. The secretary of state shall prepare a sample
of this notice. A notice that is
returned as undeliverable must be forwarded immediately to the county auditor. This subdivision paragraph does
not apply to a polling place location that is changed on election day under
section 204B.175.
(b) If
the location of a polling place has been changed, the local official for the
governing body establishing the polling place must post a notice in large print
and in a conspicuous place at the closed polling place, if practicable, stating
the location of the new polling place. The
local election official must also post the notice, if practicable, in a
location visible by voters who vote from their motor vehicles as provided in
section 204C.15, subdivision 2. The
notice must be in all languages required under section 204B.295 for that
precinct. The notice must be posted for
each special, primary, and general election until a general presidential
election or redistricting has occurred. The
secretary of state shall prepare a sample of this notice.
Sec. 24. Minnesota Statutes 2024, section 204B.16, subdivision 4, is amended to read:
Subd. 4. Prohibited
locations. No polling place shall be
designated in any place or in any adjoining room where intoxicating
liquors or; nonintoxicating malt beverages; or cannabis
products, as defined in section 342.01, subdivision 20, are served or in
any adjoining room sold. No
polling place shall be designated in any place in which substantial compliance
with the requirements of this chapter cannot be attained.
Sec. 25. [204B.182]
CHAIN OF CUSTODY PLANS.
(a) The county auditor
must develop a county elections chain of custody plan to be used in all state,
county, municipal, school district, and special district elections held in that
county. If any of the political
subdivisions cross county lines, the affected counties must make efforts to
ensure that the elections chain of custody procedures affecting the local
jurisdiction are uniform throughout the jurisdiction. County auditors must file the elections chain
of custody plans with the secretary of state.
(b) The chain of custody
plan must account for both the physical and cyber security of elections-related
materials. The plan must include sample
chain of custody documentation.
(c) The secretary of
state may provide additional guidance to counties on elections chain of custody
best practices and planning.
(d) A municipal clerk,
school district clerk, or special district clerk may create a local chain of
custody plan for use in local elections not held in conjunction with federal,
state, or county elections that meets or exceeds the requirements of the county
elections chain of custody plan. Any
plan adopted under this paragraph must be adopted and filed with the secretary
of state at least 84 days before the first election in which it will be used.
(e) Each political subdivision
clerk who develops a local elections chain of custody plan pursuant to
paragraph (d) and each county auditor must review their respective elections
chain of custody plan prior to each state primary election. Any revisions to the elections chain of
custody plan must be completed and filed with the secretary of state by June 1
prior to the state primary election.
EFFECTIVE DATE. This
section is effective the day following final enactment, and county auditors
must file an elections chain of custody plan with the secretary of state by
September 1, 2025.
Sec. 26. Minnesota Statutes 2024, section 204B.19, subdivision 5, is amended to read:
Subd. 5. Party
balance requirement. No more than
half of the election judges in a precinct, or at any location where ballots
are being counted, recounted, or reviewed, may be members of the same major
political party unless the election board consists of an odd number of election
judges, in which case the number of election judges who are members of the same
major political party may be one more than half the number of election judges
in that precinct. Each major
political party must be represented by at least one election judge in each
precinct.
Subdivision 1. Appointment
lists; duties of political parties and secretary of state. (a) On May April 1
in a year in which there is an election for a partisan political office, each
major political party shall must prepare a list of eligible
voters who have indicated within the last 25 months they are willing to
act as election judges in each election precinct. The list may also designate certain
eligible voters as available to serve as alternates that may be appointed in
the event of unexpected vacancies or if all positions representing that party
affiliation are not able to be filled.
The list provided by the party must indicate:
(1) which eligible
voters are willing to travel to a precinct outside of their home jurisdiction
to act as an election judge, and the jurisdictions to which each eligible voter
is willing to travel for that purpose;
(2) which eligible voters
are willing to serve on an absentee ballot board; and
(3) each eligible voter's residential address, telephone number, and email address, along with the date the eligible voter indicated their willingness to act as an election judge.
(b) The political
parties shall must furnish the lists electronically to the
secretary of state, in a format specified by the secretary of state. The secretary of state must combine the data
received from each political party under this subdivision and must process the
data to locate the precinct in which the address provided for each potential
election judge is located. If the data
submitted by a political party is insufficient for the secretary of state to
locate the proper precinct or does not include the eligible voter's
telephone number, email address, and date the eligible voter indicated their
willingness to act as an election judge, the associated name must not
appear in any list forwarded to an appointing authority under this subdivision. The secretary of state shall must
notify political parties of any proposed election judges with addresses that
could not be located in a precinct.
(c) By May April
15, the secretary of state shall must furnish electronically to
the county auditor a list of the appropriate names for each election precinct and
absentee ballot board in the jurisdiction of the appointing authority, and
a list of the names of individuals residing outside of the jurisdiction who
indicated a willingness to travel to that jurisdiction to act as an election
judge, noting the political party affiliation of each individual on the list. The county auditor must promptly forward the
appropriate names to the appropriate municipal clerk within seven days of
receipt. If necessary, the county
auditor or municipal clerk must notify the designated representatives of that
party and request that the party provide further names, to the extent
practicable.
(d) The secretary of
state must provide a form that may be used by a political party to recruit
individuals willing to serve as election judges. The form must allow an interested individual
to indicate a willingness to travel to a precinct outside of the individual's
home jurisdiction or to serve as a member of an absentee ballot board.
Sec. 28. Minnesota Statutes 2024, section 204B.24, is amended to read:
204B.24 ELECTION JUDGES; OATH.
Each election judge shall sign the following oath before assuming the duties of the office:
"I .......... solemnly swear (or affirm) that:
(1) I will perform the duties of election judge according to law and the best of my ability and will diligently endeavor to prevent fraud, deceit and abuse in conducting this election.
(2) I will perform my duties in a fair and impartial manner and not attempt to create an advantage for my party or for any candidate.
(3) In
the performance of my duties as an election judge, I will not share information
about voting that I know to be materially false and will not intentionally
hinder, interfere with, or prevent a person from voting, registering to vote,
or aiding another person in casting a ballot or registering to vote, except as
specifically required by law."
The oath shall be attached to the summary statement of the election returns of that precinct. If there is no individual present who is authorized to administer oaths, the election judges may administer the oath to each other.
Sec. 29. Minnesota Statutes 2024, section 204B.25, subdivision 1, is amended to read:
Subdivision 1. Duties
of county auditor. Each county
auditor shall provide training for all election judges who are appointed to
serve at any election to be held in the county.
The county auditor shall also provide a procedure for emergency training
of election judges elected to fill vacancies.
The county auditor may delegate to a municipal election official the
duty to provide training of election judges in that municipality or school
district. The training must be
consistent with the training programs established by the secretary of state
under subdivision 2.
Sec. 30. Minnesota Statutes 2024, section 204B.27, is amended by adding a subdivision to read:
Subd. 8a. Election
judge advice telephone line. The
secretary of state must provide a dedicated telephone line for use by election
judges on each state election day. The
line must be available for election judges to clarify procedures in the event
the municipal clerk and county auditor's offices cannot be reached.
Sec. 31. Minnesota Statutes 2024, section 204B.44, is amended to read:
204B.44 ERRORS AND OMISSIONS; REMEDY.
(a) Any individual may file a petition in the manner provided in this section for the correction of any of the following errors, omissions, or wrongful acts which have occurred or are about to occur:
(1) an error or omission in the placement or printing of the name or description of any candidate or any question on any official ballot, including the placement of a candidate on the official ballot who is not eligible to hold the office for which the candidate has filed;
(2) any other error in preparing or printing any official ballot;
(3) failure of the chair or secretary of the proper committee of a major political party to execute or file a certificate of nomination;
(4) any wrongful act, omission, or error of any election judge, municipal clerk, county auditor, canvassing board or any of its members, the secretary of state, or any other individual charged with any duty concerning an election.
(b) The petition shall describe the error, omission, or wrongful act and the correction sought by the petitioner. The petition shall be filed with any judge of the supreme court in the case of an election for state or federal office or any judge of the district court in that county in the case of an election for county, municipal, or school district office. The petitioner shall serve a copy of the petition on the officer, board or individual charged with the error, omission, or wrongful act, on all candidates for the office in the case of an election for state, federal, county, municipal, or school district office, and on any other party as required by the court. Upon receipt of the petition the court shall immediately set a time for a hearing on the matter and order the officer, board or individual charged with the error, omission or wrongful act to correct the error or wrongful act or perform the duty or show cause for not doing so. In the case of a review of a candidate's eligibility to hold office, the court may order the candidate to appear and present sufficient evidence of the candidate's eligibility. The court shall issue its findings and a final order for appropriate relief as soon as possible after the hearing. Failure to obey the order is contempt of court.
(c)
Any service required on a candidate may be accomplished by electronic mail sent
to the address the candidate provided on the candidate's affidavit of candidacy
pursuant to section 204B.06, subdivision 1b, or by any other means permitted by
law.
(d) If the candidate for
an office and the officer, board, or individual charged with the error,
omission, or wrongful act unanimously agree in writing:
(1) that an error,
omission, or wrongful act occurred; and
(2) on the appropriate
correction for the error, omission, or wrongful act;
then the officer, board, or individual
charged with the error, omission, or wrongful act must correct the error in the
manner agreed to without an order from the court.
The officer, board, or individual must
notify the secretary of state in writing of the error and proposed correction
within one business day of receiving notification of the candidate's written
agreement and must not distribute any ballots reflecting the proposed
correction for two business days unless the secretary of state waives the
notice period.
(e) Notwithstanding any
other provision of this section, an official may correct any official ballot
without order from the court if the ballot is not in compliance with sections
204B.35 to 204B.37 or any rules promulgated under sections 204B.35 to 204B.37.
Sec. 32. Minnesota Statutes 2024, section 204B.45, subdivision 2, is amended to read:
Subd. 2. Procedure;
voting prior to election day. Notice
of the election and the special mail procedure must be given at least ten weeks
prior to the election. Not more than 46
days nor later than 14 28 days before a regularly scheduled
any election and not more than 30 days nor later than 14 days before
any other election, the auditor shall mail ballots by nonforwardable mail
to all voters registered in the city, town, or unorganized territory. No later than 14 days before the election,
the auditor must make a subsequent mailing of ballots to those voters who
register to vote after the initial mailing but before the 20th day before the
election. Eligible voters not registered
at the time the ballots are mailed may apply for ballots as provided in chapter
203B. Ballot return envelopes, with
return postage provided, must be preaddressed to the auditor or clerk and the
voter may return the ballot by mail or in person to the office of the auditor
or clerk. The auditor or clerk must
appoint a ballot board to examine the mail and absentee ballot return envelopes
and mark them "accepted" or "rejected" within three days of
receipt if there are 14 or fewer days before election day, or within five days
of receipt if there are more than 14 days before election day. The board may consist of deputy county
auditors or deputy municipal clerks who have received training in the
processing and counting of mail ballots, who need not be affiliated with a
major political party. Election judges
performing the duties in this section must be of different major political
parties, unless they are exempt from that requirement under section 205.075,
subdivision 4, or section 205A.10. If an
envelope has been rejected at least five days before the election, the ballots
in the envelope must remain sealed and the auditor or clerk shall provide the
voter with a replacement ballot and return envelope in place of the spoiled
ballot. If the ballot is rejected within
five days of the election, the envelope must remain sealed and the official in
charge of the ballot board must attempt to contact the voter by telephone or
email to notify the voter that the voter's ballot has been rejected. The official must document the attempts made
to contact the voter.
If the ballot is accepted, the county auditor or municipal clerk must mark the roster to indicate that the voter has already cast a ballot in that election. After the close of business on the 19th day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
The mail and absentee ballots for a precinct must be counted together and reported as one vote total. No vote totals from mail or absentee ballots may be made public before the close of voting on election day.
The costs of the mailing shall be paid by the election jurisdiction in which the voter maintains residence. Any ballot received by 8:00 p.m. on the day of the election must be counted.
Sec. 33. Minnesota Statutes 2024, section 204C.08, subdivision 1d, is amended to read:
Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set forth in this section. Before the hours of voting are scheduled to begin, the election judges shall post it in a conspicuous location or locations in the polling place. The Voter's Bill of Rights is as follows:
"VOTER'S BILL OF RIGHTS
For all persons residing in this state who meet federal voting eligibility requirements:
(1) You have the right to be absent from work for the purpose of voting in a state, federal, or regularly scheduled election without reduction to your pay, personal leave, or vacation time on election day for the time necessary to appear at your polling place, cast a ballot, and return to work.
(2) If you are in line at your polling place any time before 8:00 p.m., you have the right to vote.
(3) If you can provide the required proof of residence, you have the right to register to vote and to vote on election day.
(4) If you are unable to sign your name, you have the right to orally confirm your identity with an election judge and to direct another person to sign your name for you.
(5) You have the right to request special assistance when voting.
(6) If you need assistance,
you may be accompanied into the voting booth by a person of your choice, except
by an agent of your employer or union or a candidate.
(7) You have the right to bring your minor children into the polling place and into the voting booth with you.
(8) You have the right to vote if you are not currently incarcerated for conviction of a felony offense.
(9) If you are under a guardianship, you have the right to vote, unless the court order revokes your right to vote.
(10) You have the right to vote without anyone in the polling place trying to influence your vote.
(11) If you make a mistake or spoil your ballot before it is submitted, you have the right to receive a replacement ballot and vote.
(12) You have the right to file a written complaint at your polling place if you are dissatisfied with the way an election is being run.
(14) You have the right to take a copy of this Voter's Bill of Rights into the voting booth with you."
Sec. 34. Minnesota Statutes 2024, section 204C.09, subdivision 1, is amended to read:
Subdivision 1. Counting and initialing. (a) Before the voting begins, at least two election judges must certify the number of ballots delivered to the precinct. Election judges may conduct this count, presuming that the total count provided for prepackaged ballots is correct. As each package is opened, two judges must count the ballots in the package to ensure that the total count provided for the package is correct. Any discrepancy must be noted on the incident log.
(b) Before the voting
begins, or as soon as possible after it begins, at least two election judges
shall each initial the backs of all the ballots. The election judges shall not otherwise mark
the ballots.
Sec. 35. Minnesota Statutes 2024, section 204C.15, subdivision 1, is amended to read:
Subdivision 1. Physical assistance in marking ballots. A voter who claims a need for assistance because of inability to read English or physical inability to mark a ballot may obtain the aid of two election judges who are members of different major political parties at any location where ballots may be cast, including early and in-person absentee voting locations, and in a polling place on election day. The election judges shall mark the ballots as directed by the voter and in as secret a manner as circumstances permit. A voter in need of assistance may alternatively obtain the assistance of any individual the voter chooses. Only the following persons may not provide assistance to a voter: the voter's employer, an agent of the voter's employer, or an officer or agent of the voter's union. The person who assists the voter shall, unaccompanied by an election judge, retire with that voter to a booth and mark the ballot as directed by the voter. Before the ballots are deposited, the voter may show them privately to an election judge to ascertain that they are marked as the voter directed. An election judge or other individual assisting a voter shall not in any manner request, persuade, induce, or attempt to persuade or induce the voter to vote for any particular political party or candidate. The election judges or other individuals who assist the voter shall not reveal to anyone the name of any candidate for whom the voter has voted or anything that took place while assisting the voter.
Sec. 36. Minnesota Statutes 2024, section 204C.15, subdivision 2, is amended to read:
Subd. 2. Outside the polling place. An individual who is unable to enter any location where ballots may be cast, including early and in-person absentee voting locations, or a polling place where paper ballots or an electronic voting system are used may register and vote without leaving a motor vehicle. Two election judges who are members of different major political parties shall assist the voter to register and to complete a voter's certificate and shall provide the necessary ballots. The voter may request additional assistance in marking ballots as provided in subdivision 1.
Sec. 37. Minnesota Statutes 2024, section 204D.19, subdivision 1, is amended to read:
Subdivision 1. Vacancy
filled at general election. When a
vacancy occurs more than 150 days before the next state general election, and
the legislature will not be in session before the final canvass of the state
general election returns, the vacancy shall be filled at the next state general
election. When practicable, the
filing period for the vacancy must be concurrent with the filing period for the
general election filing period provided in section 204B.09. If not possible, the filing period for the vacancy
must be a minimum of five days and a maximum of ten days, excluding holidays.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to vacancies
in legislative offices that occur on or after that date.
Subd. 2. Special
election when legislature will be in session.
Except for vacancies in the legislature which occur at any time
between the last day of session in an odd-numbered year and the 40th 50th
day prior to the opening day of session in the succeeding even-numbered year,
when a vacancy occurs and the legislature will be in session so that the
individual elected as provided by this section could take office and exercise
the duties of the office immediately upon election, the governor shall issue
within five days after the vacancy occurs a writ calling for a special election. The filing period for the vacancy must be
a minimum of five days and a maximum of ten days, excluding holidays. The special election shall be held as soon as
possible, consistent with the notice requirements of section 204D.22,
subdivision 3, but in no event more than 35 40 days after the
issuance of the writ. A special election
must not be held during the four days before or the four days after a holiday
as defined in section 645.44, subdivision 5.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to vacancies
in legislative offices that occur on or after that date.
Sec. 39. Minnesota Statutes 2024, section 204D.19, subdivision 3, is amended to read:
Subd. 3. Special
election at other times. When a
vacancy occurs at a time other than those described in subdivisions 1 and 2 the
governor shall issue a writ, calling for a special election to be held so that
the individual elected may take office at the opening of the next session of
the legislature, or at the reconvening of a session of the legislature. The filing period for the vacancy must be
a minimum of five days and a maximum of ten days, excluding holidays.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to vacancies
in legislative offices that occur on or after that date.
Sec. 40. Minnesota Statutes 2024, section 205.13, subdivision 1a, is amended to read:
Subd. 1a. Filing
period. In a city nominating
candidates at a primary, an affidavit of candidacy for a city office voted on
in November must be filed no more than 84 days nor less than 70 days before the
city primary. In municipalities that do
not hold a primary, an affidavit of candidacy must be filed no more than 70
days and not less than 56 days before the municipal general election held in
March in any year, or a special election not held in conjunction with another
election, and no more than 98 112 days nor less than 84 98
days before the municipal general election held in November of any year. The municipal clerk's office must be open for
filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period.
EFFECTIVE DATE. This
section is effective January 1, 2026.
Sec. 41. Minnesota Statutes 2024, section 206.845, subdivision 1, is amended to read:
Subdivision 1. Prohibited connections. The county auditor and municipal clerk must secure ballot recording and tabulating systems physically and electronically against unauthorized access. Except for wired connections within the polling place, ballot recording and tabulating systems must not be connected to or operated on, directly or indirectly, any electronic network, including a local area network, a wide-area network, the Internet, or the World Wide Web. Wireless communications may not be used in any way in a vote recording or vote tabulating system. Wireless, device-to-device capability is not permitted. No connection by modem is permitted.
Sec. 42. Minnesota Statutes 2024, section 211A.02, subdivision 2, is amended to read:
Subd. 2. Information required. The report to be filed by a candidate or committee must include:
(1) the name of the candidate and office sought;
(2) the printed name,
address, telephone number, signature, and email address, if available, or
an attestation that the candidate and the candidate's campaign do not possess
an email address, of the person responsible for filing the report;
(3) the total cash on hand designated to be used for political purposes;
(4) the total amount of contributions received and the total amount of disbursements for the period from the last previous report to five days before the current report is due;
(5) if disbursements made to the same vendor exceed $100 in the aggregate during the period covered by the report, the name and address for the vendor and the amount, date, and purpose for each disbursement; and
(6) the name, address, and employer, or occupation if self-employed, of any individual or entity that during the period covered by the report has made one or more contributions that in the aggregate exceed $100, and the amount and date of each contribution. The filing officer must restrict public access to the address of any individual who has made a contribution that exceeds $100 and who has filed with the filing officer a written statement signed by the individual that withholding the individual's address from the financial report is required for the safety of the individual or the individual's family.
EFFECTIVE DATE. This
section is effective January 1, 2026.
Sec. 43. [211B.125]
PUBLICLY FUNDED ORGANIZATIONS; CAMPAIGN EXPENDITURES PROHIBITED.
An entity or
organization, including any nonprofit organization, that receives state funding
must not make a campaign expenditure or otherwise expend money for any
political purpose, unless the entity or organization uses separate accounts for
political activities and for activities funded by state funding. The entity or organization must not supplant
its existing funding with state funding to make campaign expenditures or expend
money for political purposes. Prior to
receiving state funding, the entity or organization must attest that it will
comply with this section. As used in
this section, "state funding" includes receipt of public funds
through a direct appropriation or a legislatively named, competitive, or other
form of grant.
EFFECTIVE
DATE. This section is
effective July 1, 2025.
Subd. 2. Exceptions. Subdivision 1 does not prohibit:
(1) denial of admittance into a particular apartment, room, manufactured home, or personal residential unit;
(2) requiring reasonable and proper identification as a necessary prerequisite to admission to a multiple unit dwelling;
(3) in the case of a nursing home or an assisted living facility under chapter 144G, denial of permission to visit certain persons for valid health reasons;
(4) limiting visits by candidates or volunteers accompanied by the candidate to a reasonable number of persons or reasonable hours, provided that access must be permitted during the hours of 10:00 a.m. through 8:00 p.m. on any day, at a minimum;
(5) requiring a prior
appointment 24 hours prior notice to gain access to the facility; or
(6) denial of admittance to or expulsion from a multiple unit dwelling for good cause.
Sec. 45. Minnesota Statutes 2024, section 211B.20, is amended by adding a subdivision to read:
Subd. 3. Notice
to residents. The owner,
manager, or operator of a multiple unit dwelling is encouraged to notify
residents of the days on which a candidate has provided notice of an intent to
be present.
Sec. 46. Minnesota Statutes 2024, section 375.20, is amended to read:
375.20 BALLOT QUESTIONS.
If the county board may do
an act, incur a debt, appropriate money for a purpose, or exercise any other
power or authority, only if authorized by a vote of the people, the question
may be submitted at a special or general election, by a resolution specifying
the matter or question to be voted upon.
If the question is to authorize the appropriation of money, creation of
a debt, or levy of a tax, it shall state the amount. Notice of the election shall be given as in
the case of special elections. If the
question submitted is adopted, the board shall pass an appropriate resolution
to carry it into effect. In the election
the form of the ballot shall be: "Shall (here state the substance of the
resolution to be submitted)?, Yes...... No......,". The county board may call a special county
election upon a question to be held within 74 84 days after a
resolution to that effect is adopted by the county board. Upon the adoption of the resolution the
county auditor shall post and publish notices of the election, as required by
section 204D.22, subdivisions 2 and 3. The
election shall be conducted and the returns canvassed in the manner prescribed
by sections 204D.20 to 204D.27, so far as practicable.
Sec. 47. Minnesota Statutes 2024, section 383B.041, subdivision 5, is amended to read:
Subd. 5. Economic
interest disclosure; Special School District No. 1. Every candidate for school board in
Special School District No. 1, Minneapolis, must file an original
statement of economic interest with the school district within 14 days of
the filing of an affidavit or petition to appear on the ballot after the
candidate filing period ends. An
elected official in Special School District No. 1, Minneapolis, must file
the annual statement required in section 10A.09, subdivision 6, with the school
district for every year that the individual serves in office. An original and annual statement must contain
the information listed in section 10A.09, subdivision 5. The provisions of section 10A.09,
subdivisions 6a, 7, and 9, apply to statements required under this subdivision.
EFFECTIVE
DATE. This section is
effective January 1, 2026.
Subd. 3. Elections
of municipal officers. (a) An order
approving an incorporation or consolidation pursuant to this chapter, or an
order requiring an election under section 414.031, subdivision 4a, shall set a
date for an election of new municipal officers not less than 45 days nor
more than 60 days after the issuance of such order in accordance with
the uniform election dates defined in section 205.10, subdivision 3a.
(b) The chief administrative law judge shall appoint an acting clerk for election purposes, at least three election judges who shall be residents of the new municipality, and shall designate polling places within the new municipality.
(c) The acting clerk shall prepare the official election ballot pursuant to section 205.17.
(d) Any person eligible to
hold municipal office may file an affidavit of candidacy not more than four
weeks nor less than two weeks before the date designated in the order for the
election pursuant to section 205.13.
(e) The election shall be conducted in conformity with the charter and the laws for conducting municipal elections insofar as applicable.
(f) Any person eligible to vote at a township or municipal election within the area of the new municipality, is eligible to vote at such election.
(g) Any excess in the expense of conducting the election over receipts from filing fees shall be a charge against the new municipality; any excess of receipts shall be deposited in the treasury of the new municipality.
Sec. 49. REPEALER.
Minnesota Statutes 2024,
section 204B.25, subdivision 3, is repealed."
Delete the title and insert:
"A bill for an act relating to government operations; establishing a biennial budget; appropriating money for the legislature, certain constitutional offices and state agencies, boards, councils, commissions, Minnesota Historical Society, Minnesota Humanities Center, State Lottery, Campaign Finance Board, retirement plans, general contingent account, and tort claims; transferring money; authorizing an increase in certain legislative positions; establishing a Healthy Aging Subcabinet; modifying education requirements and mobility for public accountants; modifying an advanced deposit wagering fee; modifying lottery retailer contracting requirements; modifying provisions governing Medicaid fraud; granting the attorney general certain subpoena and enforcement authority; providing criminal penalties; authorizing statue replacement; establishing a process for fraudulent business filing removal; providing for policy changes to elections administration, census worker access, and campaign finance provisions; authorizing rulemaking; requiring reports; making technical changes; amending Minnesota Statutes 2024, sections 2.92, subdivision 2, by adding a subdivision; 3.099, subdivision 3; 3.971, by adding a subdivision; 3.98, subdivisions 1, 3; 8.16, subdivision 1; 10A.09, subdivision 1; 11A.07, subdivisions 4, 4b; 13.485, subdivision 1, by adding a subdivision; 16A.057, subdivision 5; 200.031; 201.061, subdivisions 3, 3a; 201.071, subdivision 1; 203B.04, subdivision 1; 203B.05, subdivision 1; 203B.08, subdivisions 1, 3; 203B.081, subdivision 4; 203B.12, subdivision 10; 203B.121, subdivisions 4, 5; 203B.29, subdivisions 1, 2; 203B.30, subdivision 3; 204B.06, subdivision 1b; 204B.09, subdivisions 1a, 2; 204B.14, subdivision 2; 204B.16, subdivisions 1a, 4; 204B.19, subdivision 5; 204B.21, subdivision 1; 204B.24; 204B.25, subdivision 1; 204B.27, by adding a subdivision; 204B.44; 204B.45, subdivision 2; 204C.08, subdivision 1d; 204C.09, subdivision 1; 204C.15, subdivisions 1, 2; 204D.19, subdivisions 1, 2, 3; 205.13, subdivision 1a; 206.845, subdivision 1; 211A.02, subdivision 2; 211B.20, subdivision 2, by adding a subdivision; 240.131, subdivision 7; 256B.12; 326A.03, subdivision 6, by adding subdivisions; 326A.14; 349A.01,
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
SECOND READING
OF SENATE BILLS
S. F. Nos. 2200, 2370, 2511
and 3045 were read for the second time.
INTRODUCTION AND FIRST READING OF
HOUSE BILLS
The
following House Files were introduced:
Nadeau introduced:
H. F. No. 3269, A bill for an act relating to retirement; Minnesota State Retirement System correctional state employees retirement plan; implementing the recommendations of the MSRS correctional plan eligibility work group; modifying the eligibility requirements; updating eligible employment positions; adding definitions; modifying the procedures for adding or removing plan coverage; adding a right to appeal; making conforming changes; amending Minnesota Statutes 2024, sections 352.01, by adding a subdivision; 352.029, subdivision 3; 352.03, subdivision 5; 352.90; 352.93, subdivision 1; 352.955, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 352; repealing Minnesota Statutes 2024, section 352.91, subdivisions 1, 2, 2a, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 4a, 4b, 4c, 6.
The bill was read for the first time and referred to the Committee on State Government Finance and Policy.
Long, Stephenson, Greenman, Frazier, Howard and Hollins introduced:
H. F. No. 3270, A bill for an act relating to the legislature; proposing an amendment to the Minnesota Constitution, article IV, sections 3, 5, 6, and 12; article V, section 3; by adding article IV, section 27; by adding an article XV; establishing an Independent Redistricting Commission; establishing a Redistricting Commission Applicant Review Panel; establishing principles to be used in adopting legislative and congressional districts; prohibiting members of the legislature from being employed or engaged for compensation as a lobbyist for a period of one year following the end of their legislative service; amending requirements related to the convening and conduct of regular legislative sessions; amending Minnesota Statutes 2024, sections 2.031, by adding a subdivision; 2.731; 10A.01, subdivision 35; proposing coding for new law in Minnesota Statutes, chapters 2; 2A; repealing Minnesota Statutes 2024, section 2.91.
The bill was read for the first time and referred to the Committee on State Government Finance and Policy.
REPORT FROM
THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
Niska from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Wednesday, April
30, 2025 and established a prefiling requirement for amendments offered to the
following bills:
H. F. Nos. 1982 and 2023;
and S. F. Nos. 2847 and 3196.
Niska 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 the Speaker.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Long from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Thursday, May 1,
2025 and established a prefiling requirement for amendments offered to the
following bills:
S. F. No. 3045; and
H. F. Nos. 1837, 2098, 1290 and 2130.
CALENDAR FOR THE
DAY
Lillie was excused between the hours of
3:10 p.m. and 3:35 p.m.
S. F. No. 1959 was reported
to the House.
Bliss moved to amend S. F. No. 1959, the unofficial engrossment, as follows:
Page 16, line 5, delete "section 197.58 (veterans"
Page 16, line 6, delete "organizations); section 197.61 (veterans service organizations grant program);"
Page 19, line 9, delete everything after the period and insert "The process for determining design and location of the Gold Star and Blue Star memorial will follow the Capitol Area Architectural and Planning Board commemorative works rules under Minnesota Rules, part 2400.2703. The Capitol Area Architectural and Planning Board shall select a design from the submitted designs to use as a basis for final production. The Capitol Area Architectural and Planning Board must include the commissioner of veterans affairs on the design review committee established under Minnesota Rules, part 2400.2703. The memorial design must be furnished by the person or group who submit the design at no cost to the state."
The
motion prevailed and the amendment was adopted.
Greenman moved to amend S. F. No. 1959, the unofficial engrossment, as amended, as follows:
Page 16, after line 8, insert:
"Sec. 10. Minnesota Statutes 2024, section 197.6091, is amended to read:
197.6091
VETERANS BENEFITS SERVICES; DISCLOSURE AND ACCREDITATION REQUIREMENTS.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b)(1) "Advertising" or "advertisement" means any of the following:
(i) any written or printed communication made for the purpose of soliciting business for veterans benefits services, or veterans benefits appeal services, including but not limited to a brochure, letter, pamphlet, newspaper, telephone listing, periodical, or other writing;
(ii) any directory listing caused or permitted by a person and made available by that person indicating that veterans benefits services, or veterans benefits appeal services are being offered; or
(iii) any radio, television, computer network, or similar airwave or electronic transmission that solicits business for or promotes a person offering veterans benefits services, or veterans benefits appeal services.
(2) "Advertising" or "advertisement" does not include any of the following:
(i) any printing or writing used on buildings, uniforms, or badges, where the purpose of the writing is for identification; or
(ii) any printing or writing in a memorandum or other communication used in the ordinary course of business where the sole purpose of the writing is other than soliciting business for veterans benefits services, or veterans benefits appeal services.
(c) "Benefit" means any
payment, service, commodity, function, status, or entitlement to which is
determined under laws administered by the United States Department of Veterans
Affairs pertaining to veterans, dependents, and survivors.
(d) "Claim" means an
application made under United States Code, title 38, and implementing
directives, for entitlement to United States Department of Veterans Affairs
benefits, reinstatement, continuation, or increase of benefits, or the defense
of a proposed agency adverse action concerning benefits.
(e) "Claimant" means a
veteran, dependent, or other appropriate person with a claim for benefits from
the United States Department of Veterans Affairs.
(f) "Compensation" means payment of money, a
thing of value, or a financial benefit.
(g)
"Recognition" means certification by the United States Department of
Veterans Affairs of organizations to assist claimants in the preparation,
presentation, and prosecution of claims for benefits.
(h) "Person" means an
individual, agency, government or governmental subdivision, government
employee, veterans service organization, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint venture,
public corporation, instrumentality, or any other legal or commercial entity.
(i) "Practice of law" means
legal representation, legal services, legal advice, legal consultations,
preparation of legal documents, or other legal activities provided by a
licensed attorney.
(j) "Representation" means
the acts associated with representing a claimant in a proceeding before VA
pursuant to a properly executed and filed VA Form 21-22 (Appointment of
Veterans Service Organization as Claimant's Representative) or VA Form 21-22a
(Appointment of Individual as Claimant's Representative).
(k) "VA accreditation" means
the federal credentialing process required pursuant to United States Code, tile
38, section 5904, by the United States Department of Veterans Affairs for
representatives of veterans at the agency.
Accreditation is not required for representation in federal courts.
(l) "VA-accredited
representative" means a person recognized by the United States Department
of Veterans Affairs under Code of Federal Regulations, title 38, section
14.629, including, but not limited to, VA-accredited attorneys, claims agents,
government employees, and representatives of veterans service organizations.
(m) "Veterans benefits appeal
services" means services that a veteran might reasonably require in
order to appeal a denial of federal or state veterans benefits provided
after an initial claim decision is made by the United States Department of
Veterans Affairs, including but not limited to denials of disability,
limited income, home loan, insurance, education and training, burial and
memorial, and dependent and survivor benefits.
(d) (n) "Veterans
benefits services" means services that a veteran or a family member of a
veteran might reasonably use in order to obtain federal, state, or county
veterans benefits.
(e) (o) "Written
disclosure statement" means the written disclosure statement developed by
the commissioner of veterans affairs pursuant to section 196.05, subdivision 1.
Subd. 2. Advertising
disclosure requirements. A person
advertising veterans benefits appeal services must conspicuously disclose in
the advertisement, in similar type size or voice-over, that veterans benefits
appeal services are also offered at no cost by county veterans service officers
under sections 197.603 and 197.604. This
subdivision does not apply to an attorney accredited by the United States
Department of Veterans Affairs under Code of Federal Regulations, title 38,
section 14.629.
Subd. 3. Veterans
benefits services disclosure requirements.
A person who provides veterans benefits services in exchange for
compensation shall provide a written disclosure statement to each client or
prospective client. Before a person
enters into an agreement to provide veterans benefits services or accepts money
or any other thing of value compensation for the provision of
veterans benefits services, the person must obtain the signature of the client
on a written disclosure statement containing an attestation by the client that
the client has read and understands the written disclosure statement. This subdivision does not apply to an
attorney accredited by the United States Department of Veterans Affairs under
Code of Federal Regulations, title 38, section 14.629.
Subd. 3a. Federal
accreditation; other requirements. (a)
A person who provides veterans benefits services, or veterans benefits appeals
services, in exchange for compensation must be accredited by the secretary of
the United States Department of Veterans Affairs under United States Code,
title 38, chapter 59.
(b) A person may not
make a referral for compensation of claimant to a provider of veterans benefits
services, or veterans benefits appeals services, unless they are accredited by
the secretary of the United States Department of Veterans Affairs except as
permitted under United States Code, title 38, chapter 59.
(c) A person subject to an
accreditation requirement under paragraph (a), and who provides veterans
benefits services, or veterans benefits appeals services, may charge a veteran
or a family member of a veteran a fee or other form of compensation only as
provided in Code of Federal Regulations, title 38, section 14.636.
(d) Before providing veterans benefits
services, or veterans benefits appeals services, a person must provide a
veteran or a family member of a veteran a written fee agreement that complies
with Code of Federal Regulations, title 38, section 14.636, memorializing all
terms regarding payment of fees, and signed by both parties.
(e) A person shall not engage in the
practice of law where it concerns veterans, in the preparation, presentation,
or prosecution for veterans benefits before the United States Department of
Veterans Affairs, except if the person is a VA-accredited representative.
(f) A person seeking compensation in
connection with a veterans benefit service or veterans benefit appeal service
must:
(1) not use a veteran's personal login,
username, or password information to access the veteran's medical, financial,
or government benefits information; and
(2) ensure that any individual who has
access to a veteran's medical or financial information undergoes a background
check prior to having access to that information. The background check must be conducted by a
reputable source and include identity verification and a criminal records
check.
Subd. 3b. Guarantee
of benefits prohibited. A
person providing veterans benefits services, or veterans benefits appeals
services, in exchange for compensation, must not guarantee, either directly or
by implication, that a veteran or a family member of a veteran is certain to
receive specific federal, state, or county veterans benefits or any specific
level, percentage, or amount of federal, state, or county veterans benefits.
Subd. 4. Violations;
penalties. A person who fails to
comply with this section is subject to a civil penalty not to exceed $1,000 for
each violation. Civil penalties shall be
assessed by the district court in an action initiated by the attorney general. For the purposes of computing the amount of
each civil penalty, each day of a continuing violation constitutes a separate
violation. Additionally, the attorney
general may accept a civil penalty as determined by the attorney general in
settlement of an investigation of a violation of this section regardless of
whether an action has been filed under this section A violation of this
section is an unlawful practice under section 325F.69. Any civil penalty recovered shall be
deposited in the Support Our Troops account established under section 190.19.
Subd. 5. Nonapplicability. This section does not apply to the owner or personnel of any medium in which an advertisement appears or through which an advertisement is disseminated."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Page 1, line 4, delete "AND"
Page 1, line 5, delete "ACCREDITATION"
Page 2, delete lines 8 and 9
Page 2, delete lines 11 to 13
Page 2, delete lines 18 to 32
Reletter the paragraphs in sequence
Page 3, delete lines 25 to 34
Page 4, delete lines 1 to 17
Page 4, line 18, delete "3b" and insert "3a"
A roll call was requested and properly
seconded.
The question was taken on the Duran
amendment to the Greenman amendment and the roll was called. There were 67 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
The motion did not prevail and the
amendment to the amendment was not adopted.
The question recurred on the Greenman
amendment and the roll was called. There
were 67 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
Those who voted in the negative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
The
motion did not prevail and the amendment was not adopted.
The Speaker called Olson to the Chair.
S. F. No. 1959, A bill for
an act relating to state government; establishing a budget for the Department
of Military Affairs and the Department of Veterans Affairs; modifying veterans
services and benefits provisions; requiring the commissioner of administration
to place a memorial plaque honoring Gold Star and Blue Star families on State
Capitol grounds; providing benefits to veterans of the Secret War in Laos;
requiring county veteran services officers to aid certain additional veterans;
establishing a task force; requiring reports; appropriating money; amending
Minnesota Statutes 2024, sections 13.461, subdivision 27; 193.143; 197.065;
197.236, subdivisions 8, 9; 197.603, subdivision 1; 197.608, subdivision 6;
197.75, subdivision 1; 197.791, subdivision 4; proposing coding for new law in
Minnesota Statutes, chapter 197.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 126 yeas and 6 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Burkel
Carroll
Cha
Clardy
Coulter
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Harder
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Liebling
Lillie
Long
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Curran
Finke
Gomez
Hanson, J.
Keeler
Mahamoud
The
bill was passed, as amended, and its title agreed to.
Bliss and Cha were excused for the
remainder of today’s session.
S. F. No. 2216, A bill for
an act relating to commerce; establishing a budget for the Department of
Commerce; adding, modifying, and eliminating various provisions governing
insurance, financial institutions, commercial regulations and consumer
protection, and telecommunications; modifying cannabis provisions; modifying
fees assessed by the Department of Commerce; establishing a common interest
community ombudsperson and a common interest community register; classifying
data; making technical changes; appropriating money; amending Minnesota
Statutes 2024, sections 45.027, subdivisions 1, 2, by adding a subdivision;
45.24; 46A.04; 47.20, subdivisions 2, 4a, 8; 47.77; 53B.61; 55.07, by adding a
subdivision; 58B.02, subdivision 8a; 58B.051; 60A.201, subdivision 2, by adding
a subdivision; 60C.09, subdivision 2; 60D.09, by adding a subdivision; 60D.15,
subdivisions 4, 7, by adding subdivisions; 60D.16, subdivision 2; 60D.17,
subdivision 1; 60D.18, subdivision 3; 60D.19, subdivision 4, by adding
subdivisions; 60D.20, subdivision 1; 60D.217; 60D.22, subdivisions 1, 3, 6, by
adding a subdivision; 60D.24, subdivision 2; 60D.25; 62A.31, subdivisions 1r,
1w; 62A.65, subdivisions 1, 2, by adding a subdivision; 62D.12, subdivisions 2,
2a; 62D.121, subdivision 1; 62D.221, by adding a subdivision; 62J.26,
subdivisions 1, 2, 3, by adding subdivisions; 62Q.73, subdivision 4; 65A.01,
subdivision 3c; 72A.20, by adding a subdivision; 80A.65, subdivision 2; 80A.66;
80E.12; 82.63, subdivision 2; 116.943, subdivisions 1, 5; 168.27, by adding a
subdivision; 216B.40; 216B.62, by adding a subdivision; 325E.3892, subdivisions
1, 2; 325F.072, subdivision 3; 325G.24, subdivision 2; 334.01, subdivision 2;
342.17; 342.37, by adding subdivisions; Laws 2023, chapter 63, article 9,
section 5; proposing coding for new law in Minnesota Statutes, chapters 45;
60D; 62A; 168A; 216B; 237; 239; 325E; 325F; 515B.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 122 yeas and 10 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Burkel
Carroll
Clardy
Coulter
Curran
Davids
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Hudson
Huot
Hussein
Igo
Johnson, P.
Johnson, W.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Rarick
Rehm
Rehrauer
Repinski
Reyer
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Davis
Fogelman
Gordon
Jacob
Joy
Knudsen
Murphy
Quam
Roach
Wiener
The
bill was passed and its title agreed to.
H. F. No. 2403 was reported
to the House.
O’Driscoll moved to amend H. F. No. 2403, the first engrossment, as follows:
Pages 10 to 17, delete sections 6 to 21
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Page 93, delete article 7
Renumber the articles in sequence
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Her moved to amend H. F. No. 2403, the first engrossment, as amended, as follows:
Page 22, delete section 1
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Pursuant to Rule 10.05, relating to Remote
House Operations, the DFL Caucus Leader permitted the following member to vote
via remote means for the remainder of today’s session: Pérez-Vega.
H. F. No. 2403, A bill for an act relating to commerce; modifying and adding various provisions governing financial institutions, insurance, limited long-term care insurance; Medicare supplement insurance, and insurance holding company systems; adopting the Uniform Special Deposits Act; modifying the Minnesota Business Corporations Act; modifying various garnishment forms; modifying various provisions implemented or enforced by the Department of Commerce; authorizing administrative rulemaking; making technical and conforming changes; amending Minnesota Statutes 2024, sections 41A.09, subdivision 2a; 45.027, subdivisions 1, 2, by adding a subdivision; 45.24; 46A.04; 47.20, subdivisions 2, 4a, 8; 47.77; 53B.61; 55.07, by adding a subdivision; 58B.02, subdivision 8a; 60C.09, subdivision 2; 60D.09, by adding a subdivision; 60D.15, subdivisions 4, 7, by adding subdivisions; 60D.16, subdivision 2; 60D.17, subdivision 1; 60D.18, subdivision 3; 60D.19, subdivision 4, by adding subdivisions; 60D.20, subdivision 1; 60D.217; 60D.22, subdivisions 1, 3, 6, by adding a subdivision; 60D.24, subdivision 2; 60D.25; 62A.31, subdivisions 1, 1f, 1h, 1p, 1u, 4; 62A.44, subdivision 2; 62A.65, subdivision 2, by adding a subdivision; 62D.12, subdivisions 2, 2a; 62D.121, subdivision 1; 62Q.73, subdivision 4; 65B.02, subdivision 7; 65B.05; 65B.06, subdivisions 1, 2, 3; 65B.10, subdivision 2; 72A.20, by adding a subdivision; 80A.66; 80E.12; 82B.19, subdivision 5; 168.27, by adding a subdivision; 239.761, subdivisions 3, 4, 5, 6; 239.791, subdivision 11; 296A.01, subdivisions 20, 23, 24; 302A.011, subdivision 41, by adding subdivisions; 302A.111, subdivision 2; 302A.161, by adding a subdivision; 302A.181, by adding a subdivision; 302A.201, subdivision 1; 302A.237, by adding a subdivision; 302A.361; 302A.461, subdivision 4; 302A.471, subdivisions 1, 3; 302A.611, by adding a subdivision; 334.01, subdivision 2; 550.136, subdivisions 6, 9; 550.143, subdivisions 2, 3a, 3b, 3c; 551.05, subdivisions 1b, 1c, 1d; 551.06, subdivisions 6, 9; 571.72, subdivisions 8, 10; 571.74; 571.75, subdivision 2; 571.912; 571.914, subdivision 2; 571.925; 571.931, subdivision 6; 571.932, subdivision 2; 580.07, subdivisions 1, 2; 581.02; Laws 2024, chapter 114, article 3, section 101; proposing coding for new law in Minnesota Statutes, chapters 47; 60D; 62A; 302A; 325F; repealing Minnesota Statutes 2024, sections 62A.3099, subdivision 18b; 62A.31, subdivision 1w; 65B.10, subdivision 3; 325F.02; 325F.03; 325F.04; 325F.05; 325F.06; 325F.07; Laws 2023, chapter 57, article 2, section 66.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 112 yeas and 19 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Bierman
Burkel
Carroll
Clardy
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Finke
Fischer
Fogelman
Franson
Frazier
Freiberg
Gander
Gillman
Gomez
Gordon
Hanson, J.
Harder
Heintzeman
Her
Hollins
Hortman
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jordan
Joy
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lillie
Long
McDonald
Mekeland
Moller
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Berg
Coulter
Falconer
Feist
Frederick
Gottfried
Greene
Greenman
Hansen, R.
Hemmingsen-Jaeger
Hicks
Howard
Jones
Keeler
Liebling
Mahamoud
Momanyi-Hiltsley
Roach
Smith
The
bill was passed, as amended, and its title agreed to.
S. F. No. 2298 was reported
to the House.
Howard moved to amend S. F. No. 2298, the unofficial engrossment, as follows:
Page 12, delete subdivision 22 and insert:
"Subd. 22. Local
actions to support housing. (a)
When assessing applications for funding for any competitive development
program, the commissioner shall award an additional point or points to the
applicant, not to exceed five percent of the total available points in a given
competitive development program, if the applicant's proposed project is located
within a jurisdiction that meets any of the following criteria:
(1) the jurisdiction allows for the
development of multifamily housing in at least 50 percent of the area within
the jurisdiction zoned as a commercial district, excluding areas covered by
state or local shoreland regulations;
(2) the jurisdiction
allows for duplexes, accessory dwelling units, or townhomes within 50 percent
of the area within the jurisdiction zoned for single-family housing, excluding
areas covered by state or local shoreland regulations;
(3) the jurisdiction does not have
parking mandates greater than one stall per unit of housing for single-family
housing;
(4) the jurisdiction does not have
parking mandates greater than one stall per unit of housing for multifamily
developments;
(5) the jurisdiction does not mandate
lot sizes larger than one-eighth of an acre for new single-family home
construction, excluding areas covered by state or local shoreland regulations;
(6) the jurisdiction does not place
aesthetic mandates on new single-family construction, including type of
exterior finish materials, including siding; the presence of shutters, columns,
gables, decks, balconies, or porches; or minimum garage square footage, size,
width, or depth;
(7) the jurisdiction has a density bonus
for affordable housing that provides for an increase in floor area and lot
coverage if the housing is affordable housing; or
(8) the jurisdiction has adopted an
inclusionary zoning policy for the purpose of increasing the supply of
affordable housing.
(b) The commissioner shall conduct
community engagement when updating the scoring criteria for competitive
development programs, which shall include engagement with organizations that
represent municipalities and other housing organizations.
EFFECTIVE DATE. This section is effective the day following final enactment and applies to selection criteria and scoring systems developed on or after that day."
The
motion prevailed and the amendment was adopted.
Zeleznikar moved to amend S. F. No. 2298, the unofficial engrossment, as amended, as follows:
Page 17, after line 27, insert:
"(13) one person aged 65 or older to represent aging seniors;"
Renumber the clauses in sequence
The
motion prevailed and the amendment was adopted.
S. F. No. 2298, A bill for
an act relating to housing; establishing budget for Minnesota Housing Finance
Agency; making policy, finance, and technical changes to housing provisions;
establishing a task force on homeowners and commercial property insurance;
removing certain real property recording fees; transferring money; requiring a
report; appropriating money; amending Minnesota Statutes 2024, sections
327C.095, subdivision 12; 462A.051, subdivision 2; 462A.07, subdivision 19, by
adding a subdivision; 462A.2095, subdivision 3; 462A.222, by adding a
subdivision; 462A.33, subdivisions 2, 9; 462A.40, subdivision 3; 507.18,
subdivisions 5, 6; Laws 2023, chapter 37, article 1, section 2, subdivisions
20, 21, 29, as amended; article 2, section 10; proposing coding for new law in
Minnesota Statutes, chapter 462A; repealing Minnesota Statutes 2024, sections
16A.287; 462A.43.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 106 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Anderson, P. H.
Backer
Bahner
Baker
Bennett
Berg
Bierman
Burkel
Carroll
Clardy
Coulter
Curran
Davids
Dippel
Dotseth
Duran
Elkins
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gottfried
Greene
Greenman
Hanson, J.
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hollins
Hortman
Howard
Hudson
Huot
Hussein
Igo
Johnson, P.
Johnson, W.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Rarick
Rehm
Rehrauer
Repinski
Reyer
Schomacker
Schwartz
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Bakeberg
Davis
Engen
Fogelman
Gordon
Hansen, R.
Harder
Hill
Jacob
Joy
Knudsen
Koznick
Lawrence
Mueller
Murphy
Roach
Robbins
Rymer
Schultz
Scott
Stier
Van Binsbergen
Wiener
The
bill was passed, as amended, and its title agreed to.
The
Speaker resumed the Chair.
H. F. No. 2309 was reported
to the House.
Rehrauer moved to amend H. F. No. 2309, the first engrossment, as follows:
Page 2, after line 7, insert:
"Sec. 3. Minnesota Statutes 2024, section 462A.2095, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(c) "Program administrator" means:
(1) a housing and redevelopment authority or other local government agency or authority that administers federal tenant-based or project-based assistance under Section 8 of the United States Housing Act of 1937, as amended;
(2) a Tribal government or Tribally designated housing entity; or
(3) if there is no entity under clause (1) or (2) with the capacity to administer the program, a nongovernmental organization determined by the agency to have the capacity to administer the program."
Pages 5 to 6, delete sections 6 to 8
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
H. F. No. 2309, A bill for
an act relating to housing; modifying certain housing policy provisions;
modifying eligibility and funding provisions for certain housing programs;
modifying the high-rise sprinkler system program; authorizing housing and
redevelopment authorities to create public corporations; amending Minnesota
Statutes 2024, sections 15.082; 462A.051, subdivision 2; 462A.07, by adding a
subdivision; 462A.202, subdivision 3a; 462A.2095, subdivision 3; 462A.33,
subdivision 9; 462A.37, subdivision 2; 462A.39, subdivision 5; 462A.40,
subdivisions 2, 3; 462C.02, subdivision 6; 462C.16, subdivision 1; 469.012,
subdivision 2j; 477A.35, subdivision 5; 477A.36, subdivision 5; Laws 2023,
chapter 37, article 1, section 2, subdivision 21; article 2, section 10;
proposing coding for new law in Minnesota Statutes, chapter 469.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 109 yeas and 22 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Anderson, P. H.
Backer
Bahner
Baker
Bennett
Berg
Bierman
Burkel
Carroll
Clardy
Coulter
Curran
Davids
Dippel
Dotseth
Duran
Elkins
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Hudson
Huot
Igo
Johnson, P.
Johnson, W.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Rarick
Rehm
Rehrauer
Repinski
Reyer
Robbins
Schomacker
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Allen
Altendorf
Anderson, P. E.
Bakeberg
Davis
Engen
Fogelman
Gordon
Harder
Jacob
Joy
Knudsen
Koznick
Lawrence
Murphy
Quam
Roach
Rymer
Schultz
Stier
Van Binsbergen
Wiener
The bill was
passed, as amended, and its title agreed to.
MOTIONS AND RESOLUTIONS
Koegel moved that the name of Murphy be
added as an author on H. F. No. 185. The motion prevailed.
Freiberg moved that the name of Howard be
added as an author on H. F. No. 1278. The motion prevailed.
Carroll moved that the name of Myers be
added as an author on H. F. No. 1653. The motion prevailed.
Nadeau moved that the name of Stephenson
be added as an author on H. F. No. 1689. The motion prevailed.
Clardy moved that the name of Fischer be
added as an author on H. F. No. 1793. The motion prevailed.
Schwartz moved that the name of Olson be
added as an author on H. F. No. 2165. The motion prevailed.
Johnson, P., moved that the name of Feist
be added as an author on H. F. No. 2289. The motion prevailed.
Rehrauer moved that the name of Kozlowski
be added as an author on H. F. No. 2309. The motion prevailed.
Moller moved that the names of Hill and
Tabke be added as authors on H. F. No. 3006. The motion prevailed.
Rarick moved that the name of Skraba be
added as an author on H. F. No. 3229. The motion prevailed.
Roach moved that the names of Jacob and
Knudsen be added as authors on H. F. No. 3251. The motion prevailed.
Engen
moved that the names of Niska and Knudsen be added as authors on
H. F. No. 3253. The
motion prevailed.
Engen moved that the name of Knudsen be
added as an author on H. F. No. 3254. The motion prevailed.
Roach moved that the name of Jacob be
added as an author on H. F. No. 3255. The motion prevailed.
Smith moved that the name of Virnig be
added as an author on H. F. No. 3259. The motion prevailed.
Frederick moved that the name of Virnig be
added as an author on H. F. No. 3260. The motion prevailed.
ADJOURNMENT
Niska moved that when the House adjourns
today it adjourn until 11:00 a.m., Wednesday, April 30, 2025. The motion prevailed.
Niska moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 11:00 a.m., Wednesday, April 30,
2025.
Patrick
Duffy Murphy, Chief
Clerk, House of Representatives