449 | | - | 13.10Sec. 36. ST. PAUL TEACHERS RETIREMENT |
---|
450 | | - | 13.11FUND |
---|
451 | | - | 13.12The amounts estimated to be needed for |
---|
452 | | - | 13.13special direct state aid to the first class city |
---|
453 | | - | 13.14teachers retirement fund association authorized |
---|
454 | | - | 13.15under Minnesota Statutes, section 354A.12, |
---|
455 | | - | 13.16subdivisions 3a and 3c. |
---|
456 | | - | 13.17Sec. 37. Laws 2023, chapter 62, article 1, section 11, subdivision 2, is amended to read: |
---|
457 | | - | 19,943,00039,928,00013.18Subd. 2.Government and Citizen Services |
---|
458 | | - | 13.19The base for this appropriation is $17,268,000 |
---|
459 | | - | 13.20in fiscal year 2026 and $17,280,000 in fiscal |
---|
460 | | - | 13.21year 2027. |
---|
461 | | - | 13.22Council on Developmental Disabilities. |
---|
462 | | - | 13.23$222,000 each year is for the Council on |
---|
463 | | - | 13.24Developmental Disabilities. |
---|
464 | | - | 13.25State Agency Accommodation |
---|
465 | | - | 13.26Reimbursement. $200,000 each year may be |
---|
466 | | - | 13.27transferred to the accommodation account |
---|
467 | | - | 13.28established in Minnesota Statutes, section |
---|
468 | | - | 13.2916B.4805. |
---|
469 | | - | 13.30Disparity Study. $500,000 the first year and |
---|
470 | | - | 13.31$1,000,000 the second year are to conduct a |
---|
471 | | - | 13.32study on disparities in state procurement. This |
---|
472 | | - | 13.33is a onetime appropriation. |
---|
473 | | - | 13Article 1 Sec. 37. |
---|
474 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 14.1Grants Administration Oversight. |
---|
475 | | - | 14.2$2,411,000 the first year and $1,782,000 the |
---|
476 | | - | 14.3second year are for grants administration |
---|
477 | | - | 14.4oversight. The base for this appropriation in |
---|
478 | | - | 14.5fiscal year 2026 and each year thereafter is |
---|
479 | | - | 14.6$1,581,000. |
---|
480 | | - | 14.7$735,000 the first year and $201,000 the |
---|
481 | | - | 14.8second year are for a study to develop a road |
---|
482 | | - | 14.9map on the need for an enterprise grants |
---|
483 | | - | 14.10management system and to implement the |
---|
484 | | - | 14.11study's recommendation. This is a onetime |
---|
485 | | - | 14.12appropriation. |
---|
486 | | - | 14.13Risk Management Fund Property |
---|
487 | | - | 14.14Self-Insurance. $12,500,000 the first year is |
---|
488 | | - | 14.15for transfer to the risk management fund under |
---|
489 | | - | 14.16Minnesota Statutes, section 16B.85. This is a |
---|
490 | | - | 14.17onetime appropriation. |
---|
491 | | - | 14.18Office of Enterprise Translations. |
---|
492 | | - | 14.19$1,306,000 the first year and $1,159,000 the |
---|
493 | | - | 14.20second year are to establish the Office of |
---|
494 | | - | 14.21Enterprise Translations. $250,000 each year |
---|
495 | | - | 14.22may be transferred to the language access |
---|
496 | | - | 14.23service account established in Minnesota |
---|
497 | | - | 14.24Statutes, section 16B.373. |
---|
498 | | - | 14.25Capitol Mall Design Framework |
---|
499 | | - | 14.26Implementation. $5,000,000 the first year is |
---|
500 | | - | 14.27to implement the updated Capitol Mall Design |
---|
501 | | - | 14.28Framework, prioritizing the framework plans |
---|
502 | | - | 14.29identified in article 2, section 124. This |
---|
503 | | - | 14.30appropriation is available until December 31, |
---|
504 | | - | 14.312024 June 30, 2026. |
---|
505 | | - | 14.32Parking Fund. $3,255,000 the first year and |
---|
506 | | - | 14.33$1,085,000 the second year are for a transfer |
---|
507 | | - | 14.34to the state parking account to maintain the |
---|
508 | | - | 14Article 1 Sec. 37. |
---|
509 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 15.1operations of the parking and transit program |
---|
510 | | - | 15.2on the Capitol complex. These are onetime |
---|
511 | | - | 15.3transfers. |
---|
512 | | - | 15.4Procurement; Environmental Analysis and |
---|
513 | | - | 15.5Task Force. $522,000 the first year and |
---|
514 | | - | 15.6$367,000 the second year are to implement |
---|
515 | | - | 15.7the provisions of Minnesota Statutes, section |
---|
516 | | - | 15.816B.312. |
---|
517 | | - | 15.9Center for Rural Policy and Development. |
---|
518 | | - | 15.10$100,000 the first year is for a grant to the |
---|
519 | | - | 15.11Center for Rural Policy and Development. |
---|
520 | | - | 15.12 EFFECTIVE DATE.This section is effective retroactively from July 1, 2024. |
---|
521 | | - | 15.13Sec. 38. Laws 2023, chapter 62, article 1, section 47, is amended to read: |
---|
522 | | - | 15.14Sec. 47. ST. ANTHONY FALLS STUDY. |
---|
523 | | - | 15.15 $1,000,000 in fiscal year 2024 is appropriated from the general fund to the Board of |
---|
524 | | - | 15.16Regents of the University of Minnesota for a geophysical study and hazard assessment of |
---|
525 | | - | 15.17the St. Anthony Falls area and St. Anthony Falls cutoff wall. The study must include a |
---|
526 | | - | 15.18field-based investigation of the cutoff wall and other subsurface structures, modeling of the |
---|
527 | | - | 15.19surrounding area, examination of public safety and infrastructure risks posed by potential |
---|
528 | | - | 15.20failure of the cutoff wall or surrounding area, and emergency response plan for identified |
---|
529 | | - | 15.21risks. By conducting this study, the Board of Regents does not consent to accepting liability |
---|
530 | | - | 15.22for the current condition or risks posed by a potential failure of the cutoff wall. By July 1, |
---|
531 | | - | 15.232025 2026, the Board of Regents must submit a report to the legislative committees with |
---|
532 | | - | 15.24jurisdiction over state and local government policy and finance. This appropriation is |
---|
533 | | - | 15.25available until June 30, 2025 2026. |
---|
534 | | - | 15.26 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
535 | | - | 15.27Sec. 39. Laws 2024, chapter 127, article 67, section 6, is amended to read: |
---|
536 | | - | 15.28Sec. 6. COMMISSIONER OF MANAGEMENT |
---|
537 | | - | 15.29AND BUDGET |
---|
538 | | - | 15.30 Appropriations by Fund |
---|
539 | | - | 202515.31 2024 |
---|
540 | | - | 15Article 1 Sec. 39. |
---|
541 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT (232,000)-0-16.1General |
---|
542 | | - | 100,000-0-16.2Health Care Access |
---|
543 | | - | 16.3(a) Insulin safety net program. $100,000 in |
---|
544 | | - | 16.4fiscal year 2025 is from the health care access |
---|
545 | | - | 16.5fund for the insulin safety net program in |
---|
546 | | - | 16.6Minnesota Statutes, section 151.74. |
---|
547 | | - | 16.7(b) Transfer. The commissioner must transfer |
---|
548 | | - | 16.8from the health care access fund to the insulin |
---|
549 | | - | 16.9safety net program repayment account in the |
---|
550 | | - | 16.10special revenue fund the amount certified by |
---|
551 | | - | 16.11the commissioner of administration under |
---|
552 | | - | 16.12Minnesota Statutes, section 151.741, |
---|
553 | | - | 16.13subdivision 5, paragraph (b), estimated to be |
---|
554 | | - | 16.14$100,000 in fiscal year 2025, for |
---|
555 | | - | 16.15reimbursement to manufacturers for insulin |
---|
556 | | - | 16.16dispensed under the insulin safety net program |
---|
557 | | - | 16.17in Minnesota Statutes, section 151.74. The |
---|
558 | | - | 16.18base for this transfer is estimated to be |
---|
559 | | - | 16.19$100,000 in fiscal year 2026 and $100,000 in |
---|
560 | | - | 16.20fiscal year 2027. |
---|
561 | | - | 16.21(c) Base Level Adjustment. The health care |
---|
562 | | - | 16.22access fund base is increased by $100,000 in |
---|
563 | | - | 16.23fiscal year 2026 and increased by $100,000 in |
---|
564 | | - | 16.24fiscal year 2027. |
---|
565 | | - | 16.25 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
566 | | - | 16.26 ARTICLE 2 |
---|
567 | | - | 16.27 STATE GOVERNMENT STATUTORY PROVISIONS |
---|
568 | | - | 16.28Section 1. Minnesota Statutes 2024, section 3.099, subdivision 3, is amended to read: |
---|
569 | | - | 16.29 Subd. 3.Leaders.The senate Committee on Rules and Administration for the senate |
---|
570 | | - | 16.30and the house of representatives Committee on Rules and Legislative Administration for |
---|
571 | | - | 16.31the house of representatives may each designate for their respective body up to five six |
---|
572 | | - | 16.32leadership positions to receive up to 140 percent of the compensation of other members. |
---|
573 | | - | 16Article 2 Section 1. |
---|
574 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 17.1 At the commencement of each biennial legislative session, each house of the legislature |
---|
575 | | - | 17.2shall adopt a resolution designating its majority and minority leader. |
---|
576 | | - | 17.3 The majority leader is the person elected by the caucus of members in each house which |
---|
577 | | - | 17.4is its largest political affiliation. The minority leader is the person elected by the caucus |
---|
578 | | - | 17.5which is its second largest political affiliation. |
---|
579 | | - | 17.6 EFFECTIVE DATE.This section is effective retroactively from January 14, 2025. |
---|
580 | | - | 17.7 Sec. 2. Minnesota Statutes 2024, section 3.971, is amended by adding a subdivision to |
---|
581 | | - | 17.8read: |
---|
582 | | - | 17.9 Subd. 10.Implementation of audit recommendations.(a) By February 1 each year, |
---|
583 | | - | 17.10as resources permit, the legislative auditor must submit a report to the chairs and ranking |
---|
584 | | - | 17.11minority members of the legislative committees with fiscal jurisdiction over an entity subject |
---|
585 | | - | 17.12to audit under this section. The report must detail whether the entity has implemented any |
---|
586 | | - | 17.13recommendations identified by the legislative auditor during the prior five years in a financial |
---|
587 | | - | 17.14audit, program evaluation, or special review. |
---|
588 | | - | 17.15 (b) By July 1 each year, as resources permit, the legislative auditor must submit a report |
---|
589 | | - | 17.16to designated legislators listing the standing committees in the senate and the house of |
---|
590 | | - | 17.17representatives to which the legislative auditor did or did not present their reports under |
---|
591 | | - | 17.18paragraph (a) in a public hearing. For purposes of this paragraph, "designated legislators" |
---|
592 | | - | 17.19means the chairs and ranking minority members of the senate Committees on State |
---|
593 | | - | 17.20Government Policy and Finance, Rules and Administration, and Finance, and the house of |
---|
594 | | - | 17.21representatives Committees on State Government Finance and Policy, Rules and Legislative |
---|
595 | | - | 17.22Administration, and Ways and Means. |
---|
596 | | - | 17.23Sec. 3. Minnesota Statutes 2024, section 3.98, subdivision 1, is amended to read: |
---|
597 | | - | 17.24 Subdivision 1.Preparation; duties.(a) The head or chief administrative officer of each |
---|
598 | | - | 17.25department or agency of the state government, including the supreme court, shall prepare |
---|
599 | | - | 17.26a fiscal note consistent with the standards and procedures adopted under section 3.8853, at |
---|
600 | | - | 17.27the request of the chair or ranking minority member of the standing committee to which a |
---|
601 | | - | 17.28bill has been referred, or the chair or ranking minority member of the house of representatives |
---|
602 | | - | 17.29Ways and Means Committee, or the chair or ranking minority member of the senate |
---|
603 | | - | 17.30Committee on Finance. |
---|
604 | | - | 17Article 2 Sec. 3. |
---|
605 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 18.1 (b) For purposes of this subdivision, "supreme court" includes all agencies, committees, |
---|
606 | | - | 18.2and commissions supervised or appointed by the state supreme court or the state court |
---|
607 | | - | 18.3administrator. |
---|
608 | | - | 18.4 Sec. 4. Minnesota Statutes 2024, section 3.98, subdivision 3, is amended to read: |
---|
609 | | - | 18.5 Subd. 3.Distribution.A copy of the fiscal note shall be delivered to the chair or ranking |
---|
610 | | - | 18.6minority member of the Ways and Means Committee of the house of representatives, the |
---|
611 | | - | 18.7chair or ranking minority member of the Finance Committee of the senate, the chair and |
---|
612 | | - | 18.8ranking minority member of the standing committee to which the bill has been referred, to |
---|
613 | | - | 18.9the chief author of the bill, and to the commissioner of management and budget. |
---|
614 | | - | 18.10Sec. 5. [4.048] HEALTHY AGING SUBCABINET. |
---|
615 | | - | 18.11 Subdivision 1.Establishment.The Healthy Aging Subcabinet is established in Minnesota |
---|
616 | | - | 18.12Management and Budget. The subcabinet is a distinct entity, separately identifiable from |
---|
617 | | - | 18.13other state agencies and is dedicated to ensuring all people in Minnesota age with dignity |
---|
618 | | - | 18.14and have equitable opportunities for the best possible health and well-being throughout the |
---|
619 | | - | 18.15lifespan. |
---|
620 | | - | 18.16 Subd. 2.Membership; chair.The subcabinet consists of the heads of the state agencies |
---|
621 | | - | 18.17that administer policies that impact aging Minnesotans, as determined by the governor in |
---|
622 | | - | 18.18consultation with the director appointed under subdivision 5. The director is the chair of |
---|
623 | | - | 18.19the subcabinet. |
---|
624 | | - | 18.20 Subd. 3.Purpose.The purpose of the subcabinet is to: |
---|
625 | | - | 18.21 (1) assist in the design of a statewide planning process for a Minnesota Healthy Aging |
---|
626 | | - | 18.22Plan under subdivision 10; |
---|
627 | | - | 18.23 (2) engage public participation in creating policy solutions for identified challenges and |
---|
628 | | - | 18.24opportunities related to aging in communities and living in one's own home; |
---|
629 | | - | 18.25 (3) identify opportunities within state government to improve quality of life for older |
---|
630 | | - | 18.26adults and promote healthy aging for all Minnesotans; and |
---|
631 | | - | 18.27 (4) serve as a resource to the legislature on policies and practices that will enhance the |
---|
632 | | - | 18.28aging experience for all Minnesotans. |
---|
633 | | - | 18.29 Subd. 4.Duties.Led by the director, and in consultation with the Citizens' Engagement |
---|
634 | | - | 18.30Council appointed under subdivision 6, the subcabinet must perform the following duties: |
---|
635 | | - | 18Article 2 Sec. 5. |
---|
636 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 19.1 (1) integrate aging-related considerations into state agency planning, decision-making, |
---|
637 | | - | 19.2and measurable outcomes for service delivery processes; |
---|
638 | | - | 19.3 (2) promote the adoption of evidence-based approaches and policies that support healthy |
---|
639 | | - | 19.4aging across the public and private sectors; |
---|
640 | | - | 19.5 (3) ensure that member agencies conduct community engagement to inform strategic |
---|
641 | | - | 19.6plans for each agency; |
---|
642 | | - | 19.7 (4) identify federal and state funding for programs that address the negative impact of |
---|
643 | | - | 19.8social determinants of health and well-being for Minnesotans and those that would |
---|
644 | | - | 19.9significantly benefit from community strategies that prevent or delay disability and that |
---|
645 | | - | 19.10enable quality-of-life outcomes throughout the lifespan; |
---|
646 | | - | 19.11 (5) identify areas of potential savings through economic and community development |
---|
647 | | - | 19.12and resource planning for an aging demographic; |
---|
648 | | - | 19.13 (6) evaluate the impact on healthy aging of current aging-related initiatives in public |
---|
649 | | - | 19.14and private sectors including housing, transit and workforce programs designed for older |
---|
650 | | - | 19.15adults, and community health efforts in order to inform the Minnesota Healthy Aging Plan; |
---|
651 | | - | 19.16 (7) coordinate with local and state agencies and Tribal Nations to analyze the health |
---|
652 | | - | 19.17care delivery system for oral health, chronic and acute health conditions, and palliative and |
---|
653 | | - | 19.18end-of-life care to identify and address access issues throughout Minnesota; |
---|
654 | | - | 19.19 (8) in consultation with Tribal Nations, analyze the extent of family caregiving in private |
---|
655 | | - | 19.20and public sectors to determine the need for greater support through aging policies initiated |
---|
656 | | - | 19.21in the public and private sectors; |
---|
657 | | - | 19.22 (9) in consultation with the ombudsman for long-term care, evaluate the oversight process |
---|
658 | | - | 19.23of long-term care facilities, assisted living residences, and home-care agencies to ensure |
---|
659 | | - | 19.24public safety and accountability; |
---|
660 | | - | 19.25 (10) develop a transparency policy that tracks the use of government funding for |
---|
661 | | - | 19.26long-term care to ensure state funding is used as intended; |
---|
662 | | - | 19.27 (11) monitor and evaluate strategies and findings for progress reports during the planning |
---|
663 | | - | 19.28process to be posted on the subcabinet's website; and |
---|
664 | | - | 19.29 (12) in consultation with the ombudsman for long-term care, evaluate the need for |
---|
665 | | - | 19.30additional long-term care services and training and recruitment of long-term care providers |
---|
666 | | - | 19.31throughout the state. |
---|
667 | | - | 19Article 2 Sec. 5. |
---|
668 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 20.1 Subd. 5.Director; Office of Healthy Aging; staffing; duties.(a) The governor must |
---|
669 | | - | 20.2appoint a director to establish and lead an Office of Healthy Aging and serve as chair of the |
---|
670 | | - | 20.3Healthy Aging Subcabinet. The director must possess a background in public health, public |
---|
671 | | - | 20.4policy, and community engagement and possess demonstrated knowledge of older adult |
---|
672 | | - | 20.5abilities and needed supports when living at home or in the person's community. The director |
---|
673 | | - | 20.6may have experience working with an aging population. The director's responsibilities at a |
---|
674 | | - | 20.7minimum are to: |
---|
675 | | - | 20.8 (1) lead and coordinate the duties of the Healthy Aging Subcabinet; |
---|
676 | | - | 20.9 (2) initiate and conduct a planning process to develop and adopt the Minnesota Healthy |
---|
677 | | - | 20.10Aging Plan under subdivision 10; |
---|
678 | | - | 20.11 (3) appoint members of, and provide support to, the Citizens' Engagement Council under |
---|
679 | | - | 20.12subdivision 6; |
---|
680 | | - | 20.13 (4) ensure community discussions across public and private sectors and with Tribal |
---|
681 | | - | 20.14governments and the Indian Affairs Council to inform policy recommendations for the |
---|
682 | | - | 20.15Minnesota Healthy Aging Plan under subdivision 10; |
---|
683 | | - | 20.16 (5) ensure that the Minnesota Healthy Aging Plan under subdivision 10 reflects the |
---|
684 | | - | 20.17perspectives of older adults, caregivers, health care and service providers, and advocacy |
---|
685 | | - | 20.18organizations regarding the community development required to support older adults living |
---|
686 | | - | 20.19at home and aging in the community; |
---|
687 | | - | 20.20 (6) explore initiatives that enhance opportunities for an aging adult, regardless of age, |
---|
688 | | - | 20.21income, or ability level, to live in the adult's own home and community if desired and safe; |
---|
689 | | - | 20.22 (7) make efforts to break down silos and work across agencies to better target the state's |
---|
690 | | - | 20.23role in addressing issues impacting aging in Minnesota communities; and |
---|
691 | | - | 20.24 (8) establish and manage external partnerships and build relationships with communities, |
---|
692 | | - | 20.25community leaders, and those who have direct experience with aging to ensure that all |
---|
693 | | - | 20.26voices are represented in the work of the subcabinet, office, and Citizens' Engagement |
---|
694 | | - | 20.27Council. |
---|
695 | | - | 20.28 (b) The director may secure professional development and training opportunities to |
---|
696 | | - | 20.29promote community development initiatives that address aging-related issues and support |
---|
697 | | - | 20.30the Healthy Aging Subcabinet. |
---|
698 | | - | 20.31 (c) The director may hire and compensate out of available funds additional staff as |
---|
699 | | - | 20.32necessary to support the office and conduct the planning process. Staff members must |
---|
700 | | - | 20.33possess relevant expertise and experience in areas such as aging services, policy analysis, |
---|
701 | | - | 20Article 2 Sec. 5. |
---|
702 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 21.1community health, and community development and engagement. The director serves in |
---|
703 | | - | 21.2the unclassified service. |
---|
704 | | - | 21.3 Subd. 6.Citizens' Engagement Council; public engagement.(a) The director must |
---|
705 | | - | 21.4appoint a Citizens' Engagement Council composed of 20 diverse members from different |
---|
706 | | - | 21.5geographic regions and demographic groups, including older adults, caregivers, elder |
---|
707 | | - | 21.6advocates, the Minnesota area agencies on aging, Tribal Nations, county agencies, nonprofit |
---|
708 | | - | 21.7services, and business sectors. At least ten members of the council must be older adults, |
---|
709 | | - | 21.8caregivers, or elder advocates, and these members may not otherwise represent a specific |
---|
710 | | - | 21.9agency, service, or business sector. The purpose of the council is to: |
---|
711 | | - | 21.10 (1) ensure the voices and perspectives of older adults are included in the recommended |
---|
712 | | - | 21.11initiatives and policies for implementing the Minnesota Healthy Aging Plan under subdivision |
---|
713 | | - | 21.1210; |
---|
714 | | - | 21.13 (2) provide feedback to the subcabinet on current aging-related programs and services, |
---|
715 | | - | 21.14identifying areas for improvements and innovations; and |
---|
716 | | - | 21.15 (3) provide ongoing input, advice, and strategies for the planning process to engage |
---|
717 | | - | 21.16older Minnesotans and their families. |
---|
718 | | - | 21.17 (b) Except where otherwise provided in this section, the terms, compensation, and |
---|
719 | | - | 21.18removal of council members is governed by section 15.059. A member participating in |
---|
720 | | - | 21.19council activities in the ordinary course of the member's employment is not entitled to |
---|
721 | | - | 21.20compensation from the council. |
---|
722 | | - | 21.21 Subd. 7.Discretionary powers.The office may apply for and receive grants from public |
---|
723 | | - | 21.22sources and private foundations, award grants, and enter into contracts subject to applicable |
---|
724 | | - | 21.23law. |
---|
725 | | - | 21.24 Subd. 8.Staff and administrative support.The commissioner of management and |
---|
726 | | - | 21.25budget, in coordination with other state agencies and boards as applicable, must provide |
---|
727 | | - | 21.26staffing and administrative support to the Healthy Aging Subcabinet, the Office of Healthy |
---|
728 | | - | 21.27Aging, and the Citizens' Engagement Council. |
---|
729 | | - | 21.28 Subd. 9.Public awareness.In order to promote public engagement, the Office of Healthy |
---|
730 | | - | 21.29Aging shall maintain a website and publish annual reports about the work of the office. The |
---|
731 | | - | 21.30office shall also share on its website ideas for how Minnesotans can become involved with |
---|
732 | | - | 21.31and informed on aging issues. By use of this medium, the office shall gather ideas from the |
---|
733 | | - | 21.32public on needed programs for healthy aging in the community. |
---|
734 | | - | 21Article 2 Sec. 5. |
---|
735 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 22.1 Subd. 10.The Minnesota Healthy Aging Plan.The Office of Healthy Aging must |
---|
736 | | - | 22.2adopt a plan entitled the Minnesota Healthy Aging Plan. A draft plan must be published no |
---|
737 | | - | 22.3later than June 30, 2027, and a final plan must be adopted and published no later than January |
---|
738 | | - | 22.415, 2028. The Minnesota Healthy Aging Plan shall include recommendations from the |
---|
739 | | - | 22.5Citizens' Engagement Council and subcabinet members that support the health and well-being |
---|
740 | | - | 22.6of older Minnesotans, their contributions, and their health care needs as follows: |
---|
741 | | - | 22.7 (1) community-based initiatives that support living in one's own home and community |
---|
742 | | - | 22.8if desired, regardless of age, income, or ability level, and as safely, independently, and |
---|
743 | | - | 22.9comfortably as possible; |
---|
744 | | - | 22.10 (2) community-based initiatives with public and private sector funding that provide older |
---|
745 | | - | 22.11adults the choice to remain in and contribute to their communities with needed supports |
---|
746 | | - | 22.12including access to health care and food, independent housing options, opportunities to |
---|
747 | | - | 22.13socialize, innovative residential options for long-term care, and safe and affordable |
---|
748 | | - | 22.14transportation; |
---|
749 | | - | 22.15 (3) public policies that recommend systemwide improvements for safe and affordable |
---|
750 | | - | 22.16housing options and transportation, innovative market-rate housing options, removal of |
---|
751 | | - | 22.17employment barriers and increased opportunities for an aging workforce, outdoor recreational |
---|
752 | | - | 22.18opportunities, broadband communications, and health care that includes mental health and |
---|
753 | | - | 22.19oral health; |
---|
754 | | - | 22.20 (4) public policies that address the current and future demand for home care, assisted |
---|
755 | | - | 22.21living and skilled nursing facilities, and innovations for community-based long-term care |
---|
756 | | - | 22.22services; workforce training, recruitment, and employment opportunities throughout |
---|
757 | | - | 22.23Minnesota; and professional education opportunities for long-term care providers; |
---|
758 | | - | 22.24 (5) public and private sector resource management policies that implement community |
---|
759 | | - | 22.25health strategies to address social determinants of health and well-being; |
---|
760 | | - | 22.26 (6) state agencies' strategic plans that drive innovations for healthy aging in communities |
---|
761 | | - | 22.27across the lifespan; |
---|
762 | | - | 22.28 (7) ongoing aging policy coordination and oversight within state and county agencies |
---|
763 | | - | 22.29and in coordination with Tribal Nations, local communities, and the private sector; |
---|
764 | | - | 22.30 (8) measures to ensure ongoing monitoring and evaluation of the impact of healthy aging |
---|
765 | | - | 22.31policies and programs in order to make improvements and recommend further innovations; |
---|
766 | | - | 22.32 (9) recommendations for full implementation of the Minnesota Healthy Aging Plan that |
---|
767 | | - | 22.33includes administration, staffing, and appropriations; and |
---|
768 | | - | 22Article 2 Sec. 5. |
---|
769 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 23.1 (10) measures to evaluate the success and impact of the Minnesota Healthy Aging Plan. |
---|
770 | | - | 23.2 Subd. 11.Annual report.By January 15 of each year, the office must submit a report |
---|
771 | | - | 23.3to the governor and the chairs and ranking minority members of the legislative committees |
---|
772 | | - | 23.4with primary jurisdiction over healthy aging policy and funding detailing the activities of |
---|
773 | | - | 23.5the office for the preceding year with legislative recommendations for the coming year. |
---|
774 | | - | 23.6 Sec. 6. Minnesota Statutes 2024, section 8.16, subdivision 1, is amended to read: |
---|
775 | | - | 23.7 Subdivision 1.Authority.(a) The attorney general, or any deputy, assistant, or special |
---|
776 | | - | 23.8assistant attorney general whom the attorney general authorizes in writing, has the authority |
---|
777 | | - | 23.9in any county of the state to subpoena and require the production of: |
---|
778 | | - | 23.10 (1) any records of: |
---|
779 | | - | 23.11 (i) telephone companies, cellular phone companies, and paging companies,; |
---|
780 | | - | 23.12 (ii) subscribers of private computer networks, including Internet service providers or |
---|
781 | | - | 23.13computer bulletin board systems,; |
---|
782 | | - | 23.14 (iii) electric companies, gas companies, and water utilities,; |
---|
783 | | - | 23.15 (iv) chemical suppliers,; |
---|
784 | | - | 23.16 (v) hotels and motels,; |
---|
785 | | - | 23.17 (vi) pawn shops,; |
---|
786 | | - | 23.18 (vii) airlines, buses, taxis, and other entities engaged in the business of transporting |
---|
787 | | - | 23.19people,; and |
---|
788 | | - | 23.20 (viii) freight companies, self-service storage facilities, warehousing companies, package |
---|
789 | | - | 23.21delivery companies, and other entities engaged in the businesses of transport, storage, or |
---|
790 | | - | 23.22delivery, and; |
---|
791 | | - | 23.23 (2) wage and employment records; |
---|
792 | | - | 23.24 (3) records of the existence of safe deposit box account numbers and customer savings |
---|
793 | | - | 23.25and checking account numbers maintained by financial institutions and safe deposit |
---|
794 | | - | 23.26companies; |
---|
795 | | - | 23.27 (4) insurance records related to claim settlement; and |
---|
796 | | - | 23.28 (5) banking, credit card, and financial records, including but not limited to a safe deposit, |
---|
797 | | - | 23.29loan and account application and agreement, signature card, statement, check, transfer, |
---|
798 | | - | 23.30account authorization, safe deposit access record, and documentation of fraud, that belong |
---|
799 | | - | 23Article 2 Sec. 6. |
---|
800 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 24.1to the subject of an investigation conducted pursuant to the attorney general's authority |
---|
801 | | - | 24.2under section 256B.12, whether the record is held in the investigation subject's name or in |
---|
802 | | - | 24.3another person's name. |
---|
803 | | - | 24.4 (b) Subpoenas may only be issued for records that are relevant to an ongoing legitimate |
---|
804 | | - | 24.5law enforcement investigation. |
---|
805 | | - | 24.6 Sec. 7. Minnesota Statutes 2024, section 11A.07, subdivision 4, is amended to read: |
---|
806 | | - | 24.7 Subd. 4.Duties and powers.The director, at the direction of the state board, shall: |
---|
807 | | - | 24.8 (1) plan, direct, coordinate, and execute administrative and investment functions in |
---|
808 | | - | 24.9conformity with the policies and directives of the state board and the requirements of this |
---|
809 | | - | 24.10chapter and of chapter 356A; |
---|
810 | | - | 24.11 (2) prepare and submit biennial and annual budgets to the board and with the approval |
---|
811 | | - | 24.12of the board submit the budgets to the Department of Management and Budget; |
---|
812 | | - | 24.13 (3) employ professional and clerical staff as necessary; |
---|
813 | | - | 24.14 (4) report to the state board on all operations under the director's control and supervision; |
---|
814 | | - | 24.15 (5) maintain accurate and complete records of securities transactions and official |
---|
815 | | - | 24.16activities; |
---|
816 | | - | 24.17 (6) establish a policy, which is subject to state board approval, relating to the purchase |
---|
817 | | - | 24.18and sale of securities on the basis of competitive offerings or bids; |
---|
818 | | - | 24.19 (7) cause securities acquired to be kept in the custody of the commissioner of management |
---|
819 | | - | 24.20and budget or other depositories consistent with chapter 356A, as the state board deems |
---|
820 | | - | 24.21appropriate; |
---|
821 | | - | 24.22 (8) prepare and file with the director of the Legislative Reference Library, by December |
---|
822 | | - | 24.2331 of each year, a report summarizing the activities of the state board, the council, and the |
---|
823 | | - | 24.24director during the preceding fiscal year; |
---|
824 | | - | 24.25 (9) include on the state board's website its annual report and an executive summary of |
---|
825 | | - | 24.26its quarterly reports; |
---|
826 | | - | 24.27 (10) require state officials from any department or agency to produce and provide access |
---|
827 | | - | 24.28to any financial documents the state board deems necessary in the conduct of its investment |
---|
828 | | - | 24.29activities; |
---|
829 | | - | 24.30 (11) receive and expend legislative appropriations; and |
---|
830 | | - | 24Article 2 Sec. 7. |
---|
831 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 25.1 (12) undertake any other activities necessary to implement the duties and powers set |
---|
832 | | - | 25.2forth in this subdivision consistent with chapter 356A. |
---|
833 | | - | 25.3 Sec. 8. Minnesota Statutes 2024, section 11A.07, subdivision 4b, is amended to read: |
---|
834 | | - | 25.4 Subd. 4b.Annual report.The report required under subdivision 4, clause (8), must |
---|
835 | | - | 25.5include an executive summary, must be prepared and filed after the completion of the |
---|
836 | | - | 25.6applicable fiscal year audit but no later than March 31 of each year, and must be prepared |
---|
837 | | - | 25.7so as to provide the legislature and the people of the state with: |
---|
838 | | - | 25.8 (1) a clear, comprehensive summary of the portfolio composition, the transactions, the |
---|
839 | | - | 25.9total annual rate of return, and the yield to the state treasury and to each of the funds with |
---|
840 | | - | 25.10assets invested by the state board; and |
---|
841 | | - | 25.11 (2) the recipients of business placed or commissions allocated among the various |
---|
842 | | - | 25.12commercial banks, investment bankers, money managers, and brokerage organizations and |
---|
843 | | - | 25.13the amount of these commissions or other fees. |
---|
844 | | - | 25.14Sec. 9. Minnesota Statutes 2024, section 16A.057, subdivision 5, is amended to read: |
---|
845 | | - | 25.15 Subd. 5.Monitoring Office of the Legislative Auditor audits.(a) The commissioner |
---|
846 | | - | 25.16must review audit reports from the Office of the Legislative Auditor and take appropriate |
---|
847 | | - | 25.17steps to address internal control problems found in executive agencies. |
---|
848 | | - | 25.18 (b) The commissioner must submit a report to the legislative auditor no later than |
---|
849 | | - | 25.19September 1 of each year detailing the implementation status of all recommendations |
---|
850 | | - | 25.20identified in an auditor's financial audit, program evaluation, or special review during the |
---|
851 | | - | 25.21prior five years. The report must include a specific itemization of recommendations that |
---|
852 | | - | 25.22have not been implemented during that period, along with the basis for that decision. |
---|
853 | | - | 25.23Sec. 10. Minnesota Statutes 2024, section 240.131, subdivision 7, is amended to read: |
---|
854 | | - | 25.24 Subd. 7.Payments to state.(a) A regulatory fee is imposed at the rate of one two percent |
---|
855 | | - | 25.25of all amounts wagered by Minnesota residents with an authorized advance deposit wagering |
---|
856 | | - | 25.26provider. The fee shall be declared on a form prescribed by the commission. The ADW |
---|
857 | | - | 25.27provider must pay the fee to the commission no more than 15 days after the end of the month |
---|
858 | | - | 25.28in which the wager was made. Fees collected under this paragraph must be deposited in the |
---|
859 | | - | 25.29state treasury and credited to a racing and card-playing regulation account in the special |
---|
860 | | - | 25.30revenue fund and are appropriated to the commission to offset the costs incurred by the |
---|
861 | | - | 25.31commission as described in section 240.30, subdivision 9, or the costs associated with |
---|
862 | | - | 25.32regulating horse racing and pari-mutuel wagering in Minnesota. |
---|
863 | | - | 25Article 2 Sec. 10. |
---|
864 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 26.1 (b) A breeders fund fee is imposed in the amount of one-quarter of one percent of all |
---|
865 | | - | 26.2amounts wagered by Minnesota residents with an authorized advance deposit wagering |
---|
866 | | - | 26.3provider. The fee shall be declared on a form prescribed by the commission. The ADW |
---|
867 | | - | 26.4provider must pay the fee to the commission no more than 15 days after the end of the month |
---|
868 | | - | 26.5in which the wager was made. Fees collected under this paragraph must be deposited in the |
---|
869 | | - | 26.6state treasury and credited to a racing and card-playing regulation account in the special |
---|
870 | | - | 26.7revenue fund and are appropriated to the commission to offset the cost of administering the |
---|
871 | | - | 26.8breeders fund, to support racehorse adoption, retirement, and repurposing, and promote |
---|
872 | | - | 26.9horse breeding in Minnesota. |
---|
873 | | - | 26.10Sec. 11. Minnesota Statutes 2024, section 256B.12, is amended to read: |
---|
874 | | - | 26.11 256B.12 LEGAL REPRESENTATION. |
---|
875 | | - | 26.12 The attorney general or the appropriate county attorney appearing at the direction of the |
---|
876 | | - | 26.13attorney general shall be the attorney for the state agency, and the county attorney of the |
---|
877 | | - | 26.14appropriate county shall be the attorney for the local agency in all matters pertaining hereto. |
---|
878 | | - | 26.15To prosecute under this chapter or sections 609.466 and 609.467 and 609.52, subdivision |
---|
879 | | - | 26.162, or to recover payments wrongfully made under this chapter, the attorney general or the |
---|
880 | | - | 26.17appropriate county attorney, acting independently or at the direction of the attorney general |
---|
881 | | - | 26.18may institute a criminal or civil action. |
---|
882 | | - | 26.19Sec. 12. Minnesota Statutes 2024, section 326A.03, subdivision 6, is amended to read: |
---|
883 | | - | 26.20 Subd. 6.Certificate; required education and experience until July 1, 2030.(a) On |
---|
884 | | - | 26.21or after July 1, 2006, and before July 1, 2030, a person who has passed the examination |
---|
885 | | - | 26.22required in this section must be granted a certificate as a certified public accountant provided: |
---|
886 | | - | 26.23(1) the person certifies to the board that the person has completed at least 150 semester or |
---|
887 | | - | 26.24225 quarter hours at a college or university that is fully accredited by a recognized accrediting |
---|
888 | | - | 26.25agency listed with the United States Department of Education, or an equivalent accrediting |
---|
889 | | - | 26.26association, and has completed at least one year of experience of the type specified in |
---|
890 | | - | 26.27paragraph (b); (2) the board verifies the certifications; and (3) the person complies with |
---|
891 | | - | 26.28requirements for initial issuance of the certificate as a certified public accountant as |
---|
892 | | - | 26.29prescribed by the board by rule. |
---|
893 | | - | 26.30 (b) An applicant for initial issuance of a certificate under this subdivision shall show |
---|
894 | | - | 26.31that the applicant has had one year of experience. Acceptable experience includes providing |
---|
895 | | - | 26.32any type of service or advice involving the use of accounting, attest, compilation, |
---|
896 | | - | 26.33management advisory, financial advisory, tax, or consulting skills, as verified by a licensee |
---|
897 | | - | 26Article 2 Sec. 12. |
---|
898 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 27.1and meeting requirements prescribed by the board by rule. Acceptable experience may be |
---|
899 | | - | 27.2gained through employment in government, industry, academia, or public practice. |
---|
900 | | - | 27.3Experience as an auditor in the Office of the Legislative Auditor or State Auditor, as verified |
---|
901 | | - | 27.4by a licensee, shall be acceptable experience. |
---|
902 | | - | 27.5 (c) This subdivision expires July 1, 2030. |
---|
903 | | - | 27.6 Sec. 13. Minnesota Statutes 2024, section 326A.03, is amended by adding a subdivision |
---|
904 | | - | 27.7to read: |
---|
905 | | - | 27.8 Subd. 6a.Certificate; required education and experience after June 30, 2030.(a) |
---|
906 | | - | 27.9On and after July 1, 2030, or during the transitional period as provided in subdivision 6b, |
---|
907 | | - | 27.10the board must grant a certificate as a certified public accountant to a person who has not |
---|
908 | | - | 27.11previously been certified and who has passed the examination required in this section if: |
---|
909 | | - | 27.12 (1) the person certifies to the board that the person has: |
---|
910 | | - | 27.13 (i) completed a master's degree at a college or university that is fully accredited by a |
---|
911 | | - | 27.14recognized accrediting agency listed with the United States Department of Education and |
---|
912 | | - | 27.15has completed at least one year of acceptable experience as described in paragraph (b); or |
---|
913 | | - | 27.16 (ii) earned a bachelor's or graduate degree from a college or university that is fully |
---|
914 | | - | 27.17accredited by a recognized accrediting agency listed with the United States Department of |
---|
915 | | - | 27.18Education and has completed at least two years of acceptable experience as described in |
---|
916 | | - | 27.19paragraph (b); |
---|
917 | | - | 27.20 (2) the board verifies the certification under clause (1); and |
---|
918 | | - | 27.21 (3) the person complies with requirements as prescribed by the board for an initial |
---|
919 | | - | 27.22certificate. |
---|
920 | | - | 27.23 (b) Acceptable experience includes providing any type of service or advice that involves |
---|
921 | | - | 27.24accounting, attestation, compilation, management advisement, financial advisement, tax, |
---|
922 | | - | 27.25or consulting, as verified by a licensee and meeting requirements prescribed by the board |
---|
923 | | - | 27.26by rule. Acceptable experience may be gained through employment in government, industry, |
---|
924 | | - | 27.27academia, or public practice. Experience as an auditor in the Office of the Legislative Auditor |
---|
925 | | - | 27.28or the Office of the State Auditor, as verified by a licensee, is acceptable experience. |
---|
926 | | - | 27Article 2 Sec. 13. |
---|
927 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 28.1 Sec. 14. Minnesota Statutes 2024, section 326A.03, is amended by adding a subdivision |
---|
928 | | - | 28.2to read: |
---|
929 | | - | 28.3 Subd. 6b.Transitional period.(a) Until July 1, 2030, a person must be granted an initial |
---|
930 | | - | 28.4certificate as a certified public accountant if the person meets either: |
---|
931 | | - | 28.5 (1) all requirements under subdivision 6; or |
---|
932 | | - | 28.6 (2) all requirements under subdivision 6a. |
---|
933 | | - | 28.7 (b) This subdivision expires July 1, 2030. |
---|
934 | | - | 28.8 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
935 | | - | 28.9 Sec. 15. Minnesota Statutes 2024, section 326A.14, is amended to read: |
---|
936 | | - | 28.10 326A.14 SUBSTANTIAL EQUIVALENCY MOBILITY. |
---|
937 | | - | 28.11 Subdivision 1.Requirements.(a) An individual whose principal place of business is |
---|
938 | | - | 28.12not in this state and who holds a valid license in good standing as a certified public accountant |
---|
939 | | - | 28.13from any state which, upon verification, is in substantial equivalence with the certified |
---|
940 | | - | 28.14public accountant licensure requirements of section 326A.03, subdivisions 3, 4, and 6, shall |
---|
941 | | - | 28.15be presumed to have qualifications substantially equivalent to this state's requirements and |
---|
942 | | - | 28.16shall have all the privileges of licensees of this state without the need to obtain a license., |
---|
943 | | - | 28.17if the person: |
---|
944 | | - | 28.18 (1) holds a valid certificate, license, or permit to practice as a certified public accountant |
---|
945 | | - | 28.19that was issued in another state and is in good standing to practice as a certified public |
---|
946 | | - | 28.20accountant in that state; |
---|
947 | | - | 28.21 (2) has a bachelor's degree or higher from an accredited postsecondary school with an |
---|
948 | | - | 28.22accounting concentration or equivalent as determined by the board by rule; and |
---|
949 | | - | 28.23 (3) has passed the Uniform CPA Examination. |
---|
950 | | - | 28.24 (b) Notwithstanding any contrary provision of this chapter, an individual who offers or |
---|
951 | | - | 28.25renders professional services, whether in person, by mail, telephone, or electronic means, |
---|
952 | | - | 28.26under this paragraph (a): (1) shall be granted practice privileges in this state; (2) is subject |
---|
953 | | - | 28.27to the requirements in paragraph (c); and (3) is not required to provide any notice or other |
---|
954 | | - | 28.28submission. |
---|
955 | | - | 28.29 (b) An individual whose principal place of business is not in this state and who holds a |
---|
956 | | - | 28.30valid license in good standing as a certified public accountant from any state whose certified |
---|
957 | | - | 28.31public accountant licensure qualifications, upon verification, are not substantially equivalent |
---|
958 | | - | 28Article 2 Sec. 15. |
---|
959 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 29.1with the licensure requirements of section 326A.03, subdivisions 3, 4, and 6, shall be |
---|
960 | | - | 29.2presumed to have qualifications substantially equivalent to this state's requirements and |
---|
961 | | - | 29.3shall have all the privileges of licensees of this state without the need to obtain a license if |
---|
962 | | - | 29.4the individual obtains verification, as specified in board rule, that the individual's |
---|
963 | | - | 29.5qualifications are substantially equivalent to the licensure requirements of section 326A.03, |
---|
964 | | - | 29.6subdivisions 3, 4, and 6. For purposes of this paragraph, any individual who passed the |
---|
965 | | - | 29.7Uniform CPA Examination and holds a valid license issued by any other state prior to |
---|
966 | | - | 29.8January 1, 2009, is exempt from the education requirement in section 326A.03, subdivision |
---|
967 | | - | 29.96, paragraph (a), provided the individual meets the education requirement in section 326A.03, |
---|
968 | | - | 29.10subdivision 3. Notwithstanding any contrary provision of this chapter, an individual who |
---|
969 | | - | 29.11offers or renders professional services, whether in person, by mail, telephone, or electronic |
---|
970 | | - | 29.12means, under this paragraph: (1) shall, after the verification specified by adopted rules, be |
---|
971 | | - | 29.13granted practice privileges in this state; (2) is subject to the requirements in paragraph (c); |
---|
972 | | - | 29.14and (3) is not required to provide any notice or other submission. |
---|
973 | | - | 29.15 (c) An individual licensee of another state exercising the privilege afforded under this |
---|
974 | | - | 29.16section and the firm which employs that licensee are deemed to have consented, as a condition |
---|
975 | | - | 29.17of the grant of this privilege: |
---|
976 | | - | 29.18 (1) to the personal and subject matter jurisdiction and disciplinary authority of the board; |
---|
977 | | - | 29.19 (2) to comply with this chapter and the board's rules; |
---|
978 | | - | 29.20 (3) to the appointment of the state board that issued the license as the licensee's agent |
---|
979 | | - | 29.21upon whom process may be served in any action or proceeding by this board against the |
---|
980 | | - | 29.22licensee; and |
---|
981 | | - | 29.23 (4) to cease offering or rendering professional services in this state individually and on |
---|
982 | | - | 29.24behalf of a firm in the event the license issued by the state of the individual's principal place |
---|
983 | | - | 29.25of business is no longer valid or in good standing. |
---|
984 | | - | 29.26 (d) An individual who has been granted practice privileges under this section who |
---|
985 | | - | 29.27performs attest services as defined in section 326A.01, subdivision 2, clause (1), (4), or (5), |
---|
986 | | - | 29.28for any entity with its headquarters in this state, may only do so through a firm which has |
---|
987 | | - | 29.29obtained a permit under section 326A.05. |
---|
988 | | - | 29.30 Subd. 2.Use of title in another state.A licensee of this state offering or rendering |
---|
989 | | - | 29.31services or using the CPA title in another state is subject to the same disciplinary action in |
---|
990 | | - | 29.32this state for which the licensee would be subject to discipline for an act committed in the |
---|
991 | | - | 29.33other state. The board shall investigate any complaint made by the board of accountancy |
---|
992 | | - | 29.34of another state. |
---|
993 | | - | 29Article 2 Sec. 15. |
---|
994 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 30.1 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
995 | | - | 30.2 Sec. 16. Minnesota Statutes 2024, section 349A.01, is amended by adding a subdivision |
---|
996 | | - | 30.3to read: |
---|
997 | | - | 30.4 Subd. 13a.Responsible lottery official."Responsible lottery official" means the officers, |
---|
998 | | - | 30.5directors, or owners of an organization, firm, partnership, or corporation that have oversight |
---|
999 | | - | 30.6of lottery ticket sales. |
---|
1000 | | - | 30.7 Sec. 17. Minnesota Statutes 2024, section 349A.06, subdivision 2, is amended to read: |
---|
1001 | | - | 30.8 Subd. 2.Qualifications.(a) The director may not contract with a retailer who is a sole |
---|
1002 | | - | 30.9proprietor who: |
---|
1003 | | - | 30.10 (1) is under the age of 18; |
---|
1004 | | - | 30.11 (2) is in business solely as a seller of lottery tickets; |
---|
1005 | | - | 30.12 (3) owes $500 or more in delinquent taxes as defined in section 270C.72; |
---|
1006 | | - | 30.13 (4) has been convicted within the previous five years of a felony or gross misdemeanor, |
---|
1007 | | - | 30.14any crime involving fraud or misrepresentation, or a gambling-related offense in any |
---|
1008 | | - | 30.15jurisdiction in the United States; |
---|
1009 | | - | 30.16 (5) is a member of the immediate family, residing in the same household, as the director |
---|
1010 | | - | 30.17or any employee of the lottery; |
---|
1011 | | - | 30.18 (6) in the director's judgment does not have the financial stability or responsibility to |
---|
1012 | | - | 30.19act as a lottery retailer, or whose contracting as a lottery retailer would adversely affect the |
---|
1013 | | - | 30.20public health, welfare, and safety, or endanger the security and integrity of the lottery; or |
---|
1014 | | - | 30.21 (7) is a currency exchange, as defined in section 53A.01. |
---|
1015 | | - | 30.22 A contract entered into before August 1, 1990, which violates clause (7) may continue |
---|
1016 | | - | 30.23in effect until its expiration but may not be renewed. |
---|
1017 | | - | 30.24 (b) The director may not contract with a retailer that is an organization, firm, partnership, |
---|
1018 | | - | 30.25or corporation that: |
---|
1019 | | - | 30.26 (1) has a responsible lottery official who: |
---|
1020 | | - | 30.27 (i) is under the age of 18; |
---|
1021 | | - | 30.28 (ii) owes $500 or more in delinquent taxes as defined in section 270C.72; or |
---|
1022 | | - | 30Article 2 Sec. 17. |
---|
1023 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 31.1 (iii) has been convicted within the previous five years of a felony or gross misdemeanor, |
---|
1024 | | - | 31.2any crime involving fraud or misrepresentation, or a gambling-related offense in any |
---|
1025 | | - | 31.3jurisdiction in the United States; |
---|
1026 | | - | 31.4 An organization, firm, partnership, or corporation that (2) has a stockholder who owns |
---|
1027 | | - | 31.5more than five percent of the business or the stock of the corporation, a responsible lottery |
---|
1028 | | - | 31.6official, an officer, or a director, that does not meet the requirements of paragraph (a), clause |
---|
1029 | | - | 31.7(4), is not eligible to be a lottery retailer under this section is a member of the immediate |
---|
1030 | | - | 31.8family, residing in the same household, as the director or any employee of the lottery; or |
---|
1031 | | - | 31.9 (3)(i) is in business solely as a seller of lottery tickets; |
---|
1032 | | - | 31.10 (ii) in the director's judgment does not have the financial stability or responsibility to |
---|
1033 | | - | 31.11act as a lottery retailer, or whose contracting as a lottery retailer would adversely affect the |
---|
1034 | | - | 31.12public health, welfare, and safety, or endanger the security and integrity of the lottery; or |
---|
1035 | | - | 31.13 (iii) is a currency exchange, as defined in section 53A.01. |
---|
1036 | | - | 31.14 (c) The restrictions under paragraph (a), clause (4), do not apply to an organization, |
---|
1037 | | - | 31.15partnership, or corporation if the director determines that the organization, partnership, or |
---|
1038 | | - | 31.16firm has terminated its relationship with the individual whose actions directly contributed |
---|
1039 | | - | 31.17to the disqualification under this subdivision. |
---|
1040 | | - | 31.18Sec. 18. Minnesota Statutes 2024, section 349A.06, subdivision 4, is amended to read: |
---|
1041 | | - | 31.19 Subd. 4.Criminal history.The director may request the director of alcohol and gambling |
---|
1042 | | - | 31.20enforcement to investigate all applicants for lottery retailer contracts to determine their |
---|
1043 | | - | 31.21compliance with the requirements of subdivision 2. |
---|
1044 | | - | 31.22 (a) Upon the director's request, an applicant for a lottery retailer contract must submit a |
---|
1045 | | - | 31.23completed criminal history records check consent form, a full set of classifiable fingerprints, |
---|
1046 | | - | 31.24and required fees to the director or the Bureau of Criminal Apprehension. Upon receipt of |
---|
1047 | | - | 31.25the information, the director must submit the completed criminal history records check |
---|
1048 | | - | 31.26consent form, full set of classifiable fingerprints, and required fees to the Bureau of Criminal |
---|
1049 | | - | 31.27Apprehension. |
---|
1050 | | - | 31.28 (b) After receiving the information, the bureau must conduct a Minnesota criminal history |
---|
1051 | | - | 31.29records check of the individual. The bureau is authorized to exchange the fingerprints with |
---|
1052 | | - | 31.30the Federal Bureau of Investigation to obtain the applicant's national criminal history record |
---|
1053 | | - | 31.31information. The bureau must return the results of the Minnesota and national criminal |
---|
1054 | | - | 31.32history records checks to the director to determine the individual's compliance with the |
---|
1055 | | - | 31.33requirements of subdivision 2. |
---|
1056 | | - | 31Article 2 Sec. 18. |
---|
1057 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 32.1 (c) The director must request a Minnesota and national criminal history records check |
---|
1058 | | - | 32.2for any sole proprietor or responsible lottery official that applies to be a lottery retailer and |
---|
1059 | | - | 32.3(1) has not undergone a check under this section within the past seven years, or (2) has had |
---|
1060 | | - | 32.4any lapse in a contract to sell lottery tickets. |
---|
1061 | | - | 32.5 (d) The director may issue a temporary contract, valid for not more than 90 days, to an |
---|
1062 | | - | 32.6applicant pending the completion of the investigation or a final determination of qualifications |
---|
1063 | | - | 32.7under this section. The director has access to all criminal history data compiled by the |
---|
1064 | | - | 32.8director of alcohol and gambling enforcement Bureau of Criminal Apprehension on (1) any |
---|
1065 | | - | 32.9person holding or applying for a retailer contract, (2) any person holding a lottery vendor |
---|
1066 | | - | 32.10contract or who has submitted a bid on such a contract, and (3) any person applying for |
---|
1067 | | - | 32.11employment with the lottery. |
---|
1068 | | - | 32.12Sec. 19. Minnesota Statutes 2024, section 349A.06, subdivision 11, is amended to read: |
---|
1069 | | - | 32.13 Subd. 11.Cancellation, suspension, and refusal to renew contracts or locations.(a) |
---|
1070 | | - | 32.14The director shall cancel the contract of any lottery retailer or prohibit a lottery retailer from |
---|
1071 | | - | 32.15selling lottery tickets at a business location who: |
---|
1072 | | - | 32.16 (1) has a sole proprietor or responsible lottery official that has been convicted of a felony |
---|
1073 | | - | 32.17or gross misdemeanor in any jurisdiction in the United States; |
---|
1074 | | - | 32.18 (2) has a sole proprietor or responsible lottery official that has committed any crime |
---|
1075 | | - | 32.19involving fraud, or misrepresentation, or deceit a gambling-related offense in any jurisdiction |
---|
1076 | | - | 32.20in the United States; |
---|
1077 | | - | 32.21 (3) has provided false or misleading information to the lottery; or |
---|
1078 | | - | 32.22 (4) has acted in a manner prejudicial to public confidence in the integrity of the lottery. |
---|
1079 | | - | 32.23 (b) The director may cancel, suspend, or refuse to renew the contract of any lottery |
---|
1080 | | - | 32.24retailer or prohibit a lottery retailer from selling lottery tickets at a business location who: |
---|
1081 | | - | 32.25 (1) changes business location; |
---|
1082 | | - | 32.26 (2) fails to account for lottery tickets received or the proceeds from tickets sold; |
---|
1083 | | - | 32.27 (3) fails to remit funds to the director in accordance with the director's rules; |
---|
1084 | | - | 32.28 (4) violates a law or a rule or order of the director; |
---|
1085 | | - | 32.29 (5) fails to comply with any of the terms in the lottery retailer's contract; |
---|
1086 | | - | 32.30 (6) fails to file a bond, securities, or a letter of credit as required under subdivision 3; |
---|
1087 | | - | 32Article 2 Sec. 19. |
---|
1088 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 33.1 (7) in the opinion of the director fails to maintain a sufficient sales volume to justify |
---|
1089 | | - | 33.2continuation as a lottery retailer; or |
---|
1090 | | - | 33.3 (8) has violated section 340A.503, subdivision 2, clause (1), two or more times within |
---|
1091 | | - | 33.4a two-year period. |
---|
1092 | | - | 33.5 (c) The director may also cancel, suspend, or refuse to renew a lottery retailer's contract |
---|
1093 | | - | 33.6or prohibit a lottery retailer from selling lottery tickets at a business location if there is a |
---|
1094 | | - | 33.7material change in any of the factors considered by the director under subdivision 2. |
---|
1095 | | - | 33.8 (d) A contract cancellation, suspension, refusal to renew, or prohibiting a lottery retailer |
---|
1096 | | - | 33.9from selling lottery tickets at a business location under this subdivision is a contested case |
---|
1097 | | - | 33.10under sections 14.57 to 14.69 and is in addition to any criminal penalties provided for a |
---|
1098 | | - | 33.11violation of law or rule. |
---|
1099 | | - | 33.12 (e) The director may temporarily suspend a contract or temporarily prohibit a lottery |
---|
1100 | | - | 33.13retailer from selling lottery tickets at a business location without notice for any of the reasons |
---|
1101 | | - | 33.14specified in this subdivision provided that a hearing is conducted within seven days after a |
---|
1102 | | - | 33.15request for a hearing is made by a lottery retailer. Within 20 days after receiving the |
---|
1103 | | - | 33.16administrative law judge's report, the director shall issue an order vacating the temporary |
---|
1104 | | - | 33.17suspension or prohibition or making any other appropriate order. If no hearing is requested |
---|
1105 | | - | 33.18within 30 days of the temporary suspension or prohibition taking effect, the suspension or |
---|
1106 | | - | 33.19prohibition becomes permanent unless the director vacates or modifies the order. |
---|
1107 | | - | 33.20Sec. 20. [609.467] MEDICAL ASSISTANCE FRAUD. |
---|
1108 | | - | 33.21 Subdivision 1.Medical assistance fraud prohibited.A person who intentionally |
---|
1109 | | - | 33.22presents, submits, tenders, offers, or participates in the preparation of a claim for payment, |
---|
1110 | | - | 33.23claim for reimbursement, cost report, or rate application relating to the payment of medical |
---|
1111 | | - | 33.24assistance funds under chapter 256B knowing or having reason to know that any part of the |
---|
1112 | | - | 33.25claim, report, or application is false is guilty of medical assistance fraud and may be |
---|
1113 | | - | 33.26sentenced as provided in subdivision 2. |
---|
1114 | | - | 33.27 Subd. 2.Penalties.Whoever violates subdivision 1 may be sentenced as follows: |
---|
1115 | | - | 33.28 (1) to imprisonment of not more than 20 years, payment of a fine of not more than |
---|
1116 | | - | 33.29$100,000, or both if the part of any claim for payment, claim for reimbursement, cost report, |
---|
1117 | | - | 33.30or rate application submitted, tendered, or offered that is false is more than $35,000; |
---|
1118 | | - | 33.31 (2) to imprisonment of not more than ten years, payment of a fine of not more than |
---|
1119 | | - | 33.32$20,000, or both if: |
---|
1120 | | - | 33Article 2 Sec. 20. |
---|
1121 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 34.1 (i) the part of any claim for payment, claim for reimbursement, cost report, or rate |
---|
1122 | | - | 34.2application submitted, tendered, or offered that is false is more than $5,000 but not more |
---|
1123 | | - | 34.3than $35,000; or |
---|
1124 | | - | 34.4 (ii) the part of any claim for payment, claim for reimbursement, cost report, or rate |
---|
1125 | | - | 34.5application submitted, tendered, or offered that is false is not more than $5,000 and the |
---|
1126 | | - | 34.6person has been convicted within the preceding five years for an offense under this section, |
---|
1127 | | - | 34.7section 256.98; 268.182; 609.24; 609.245; 609.247; 609.52; 609.522; 609.53; 609.582, |
---|
1128 | | - | 34.8subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, |
---|
1129 | | - | 34.9the United States, or a foreign jurisdiction, in conformity with any of those sections, and |
---|
1130 | | - | 34.10the person received a felony or gross misdemeanor sentence for the offense, or a sentence |
---|
1131 | | - | 34.11that was stayed under section 609.135 if the offense to which a plea was entered would |
---|
1132 | | - | 34.12allow imposition of a felony or gross misdemeanor sentence; or |
---|
1133 | | - | 34.13 (3) to imprisonment of not more than five years, payment of a fine of not more than |
---|
1134 | | - | 34.14$10,000, or both if the part of any claim for payment, claim for reimbursement, cost report, |
---|
1135 | | - | 34.15or rate application submitted, tendered, or offered that is false is not more than $5,000. |
---|
1136 | | - | 34.16 Subd. 3.Aggregation.The total of all claims for payment, claims for reimbursement, |
---|
1137 | | - | 34.17cost reports, and rate applications submitted, tendered, or offered in violation of subdivision |
---|
1138 | | - | 34.181 within any six-month period may be aggregated and the defendant charged accordingly |
---|
1139 | | - | 34.19in applying the provisions of subdivision 2. When the same person commits two or more |
---|
1140 | | - | 34.20offenses in two or more counties, the accused may be prosecuted for all of the offenses |
---|
1141 | | - | 34.21aggregated under this subdivision in any county in which one of the offenses was committed. |
---|
1142 | | - | 34.22 Subd. 4.Venue.Notwithstanding anything to the contrary in section 627.01, a violation |
---|
1143 | | - | 34.23of this section may be prosecuted in: |
---|
1144 | | - | 34.24 (1) the county where any part of the offense occurred; or |
---|
1145 | | - | 34.25 (2) the county where the entity who received a claim for payment, claim for |
---|
1146 | | - | 34.26reimbursement, cost report, or rate application is located. |
---|
1147 | | - | 34.27 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
1148 | | - | 34.28committed on or after that date. |
---|
1149 | | - | 34.29Sec. 21. Minnesota Statutes 2024, section 609.52, subdivision 2, is amended to read: |
---|
1150 | | - | 34.30 Subd. 2.Acts constituting theft.(a) Whoever does any of the following commits theft |
---|
1151 | | - | 34.31and may be sentenced as provided in subdivision 3: |
---|
1152 | | - | 34Article 2 Sec. 21. |
---|
1153 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 35.1 (1) intentionally and without claim of right takes, uses, transfers, conceals or retains |
---|
1154 | | - | 35.2possession of movable property of another without the other's consent and with intent to |
---|
1155 | | - | 35.3deprive the owner permanently of possession of the property; or |
---|
1156 | | - | 35.4 (2) with or without having a legal interest in movable property, intentionally and without |
---|
1157 | | - | 35.5consent, takes the property out of the possession of a pledgee or other person having a |
---|
1158 | | - | 35.6superior right of possession, with intent thereby to deprive the pledgee or other person |
---|
1159 | | - | 35.7permanently of the possession of the property; or |
---|
1160 | | - | 35.8 (3) obtains for the actor or another the possession, custody, or title to property of or |
---|
1161 | | - | 35.9performance of services by a third person by intentionally deceiving the third person with |
---|
1162 | | - | 35.10a false representation which is known to be false, made with intent to defraud, and which |
---|
1163 | | - | 35.11does defraud the person to whom it is made. "False representation" includes without |
---|
1164 | | - | 35.12limitation: |
---|
1165 | | - | 35.13 (i) the issuance of a check, draft, or order for the payment of money, except a forged |
---|
1166 | | - | 35.14check as defined in section 609.631, or the delivery of property knowing that the actor is |
---|
1167 | | - | 35.15not entitled to draw upon the drawee therefor or to order the payment or delivery thereof; |
---|
1168 | | - | 35.16or |
---|
1169 | | - | 35.17 (ii) a promise made with intent not to perform. Failure to perform is not evidence of |
---|
1170 | | - | 35.18intent not to perform unless corroborated by other substantial evidence; or |
---|
1171 | | - | 35.19 (iii) the preparation or filing of a claim for reimbursement, a rate application, or a cost |
---|
1172 | | - | 35.20report used to establish a rate or claim for payment for medical care provided to a recipient |
---|
1173 | | - | 35.21of medical assistance under chapter 256B, which intentionally and falsely states the costs |
---|
1174 | | - | 35.22of or actual services provided by a vendor of medical care; or |
---|
1175 | | - | 35.23 (iv) (iii) the preparation or filing of a claim for reimbursement for providing treatment |
---|
1176 | | - | 35.24or supplies required to be furnished to an employee under section 176.135 which intentionally |
---|
1177 | | - | 35.25and falsely states the costs of or actual treatment or supplies provided; or |
---|
1178 | | - | 35.26 (v) (iv) the preparation or filing of a claim for reimbursement for providing treatment |
---|
1179 | | - | 35.27or supplies required to be furnished to an employee under section 176.135 for treatment or |
---|
1180 | | - | 35.28supplies that the provider knew were medically unnecessary, inappropriate, or excessive; |
---|
1181 | | - | 35.29or |
---|
1182 | | - | 35.30 (4) by swindling, whether by artifice, trick, device, or any other means, obtains property |
---|
1183 | | - | 35.31or services from another person; or |
---|
1184 | | - | 35.32 (5) intentionally commits any of the acts listed in this subdivision but with intent to |
---|
1185 | | - | 35.33exercise temporary control only and: |
---|
1186 | | - | 35Article 2 Sec. 21. |
---|
1187 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 36.1 (i) the control exercised manifests an indifference to the rights of the owner or the |
---|
1188 | | - | 36.2restoration of the property to the owner; or |
---|
1189 | | - | 36.3 (ii) the actor pledges or otherwise attempts to subject the property to an adverse claim; |
---|
1190 | | - | 36.4or |
---|
1191 | | - | 36.5 (iii) the actor intends to restore the property only on condition that the owner pay a |
---|
1192 | | - | 36.6reward or buy back or make other compensation; or |
---|
1193 | | - | 36.7 (6) finds lost property and, knowing or having reasonable means of ascertaining the true |
---|
1194 | | - | 36.8owner, appropriates it to the finder's own use or to that of another not entitled thereto without |
---|
1195 | | - | 36.9first having made reasonable effort to find the owner and offer and surrender the property |
---|
1196 | | - | 36.10to the owner; or |
---|
1197 | | - | 36.11 (7) intentionally obtains property or services, offered upon the deposit of a sum of money |
---|
1198 | | - | 36.12or tokens in a coin or token operated machine or other receptacle, without making the |
---|
1199 | | - | 36.13required deposit or otherwise obtaining the consent of the owner; or |
---|
1200 | | - | 36.14 (8) intentionally and without claim of right converts any article representing a trade |
---|
1201 | | - | 36.15secret, knowing it to be such, to the actor's own use or that of another person or makes a |
---|
1202 | | - | 36.16copy of an article representing a trade secret, knowing it to be such, and intentionally and |
---|
1203 | | - | 36.17without claim of right converts the same to the actor's own use or that of another person. It |
---|
1204 | | - | 36.18shall be a complete defense to any prosecution under this clause for the defendant to show |
---|
1205 | | - | 36.19that information comprising the trade secret was rightfully known or available to the |
---|
1206 | | - | 36.20defendant from a source other than the owner of the trade secret; or |
---|
1207 | | - | 36.21 (9) leases or rents personal property under a written instrument and who: |
---|
1208 | | - | 36.22 (i) with intent to place the property beyond the control of the lessor conceals or aids or |
---|
1209 | | - | 36.23abets the concealment of the property or any part thereof; or |
---|
1210 | | - | 36.24 (ii) sells, conveys, or encumbers the property or any part thereof without the written |
---|
1211 | | - | 36.25consent of the lessor, without informing the person to whom the lessee sells, conveys, or |
---|
1212 | | - | 36.26encumbers that the same is subject to such lease or rental contract with intent to deprive the |
---|
1213 | | - | 36.27lessor of possession thereof; or |
---|
1214 | | - | 36.28 (iii) does not return the property to the lessor at the end of the lease or rental term, plus |
---|
1215 | | - | 36.29agreed-upon extensions, with intent to wrongfully deprive the lessor of possession of the |
---|
1216 | | - | 36.30property; or |
---|
1217 | | - | 36.31 (iv) returns the property to the lessor at the end of the lease or rental term, plus |
---|
1218 | | - | 36.32agreed-upon extensions, but does not pay the lease or rental charges agreed upon in the |
---|
1219 | | - | 36.33written instrument, with intent to wrongfully deprive the lessor of the agreed-upon charges. |
---|
1220 | | - | 36Article 2 Sec. 21. |
---|
1221 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 37.1For the purposes of items (iii) and (iv), the value of the property must be at least $100. |
---|
1222 | | - | 37.2Evidence that a lessee used a false, fictitious, or not current name, address, or place of |
---|
1223 | | - | 37.3employment in obtaining the property or fails or refuses to return the property or pay the |
---|
1224 | | - | 37.4rental contract charges to lessor within five days after written demand for the return has |
---|
1225 | | - | 37.5been served personally in the manner provided for service of process of a civil action or |
---|
1226 | | - | 37.6sent by certified mail to the last known address of the lessee, whichever shall occur later, |
---|
1227 | | - | 37.7shall be evidence of intent to violate this clause. Service by certified mail shall be deemed |
---|
1228 | | - | 37.8to be complete upon deposit in the United States mail of such demand, postpaid and addressed |
---|
1229 | | - | 37.9to the person at the address for the person set forth in the lease or rental agreement, or, in |
---|
1230 | | - | 37.10the absence of the address, to the person's last known place of residence; or |
---|
1231 | | - | 37.11 (10) alters, removes, or obliterates numbers or symbols placed on movable property for |
---|
1232 | | - | 37.12purpose of identification by the owner or person who has legal custody or right to possession |
---|
1233 | | - | 37.13thereof with the intent to prevent identification, if the person who alters, removes, or |
---|
1234 | | - | 37.14obliterates the numbers or symbols is not the owner and does not have the permission of |
---|
1235 | | - | 37.15the owner to make the alteration, removal, or obliteration; or |
---|
1236 | | - | 37.16 (11) with the intent to prevent the identification of property involved, so as to deprive |
---|
1237 | | - | 37.17the rightful owner of possession thereof, alters or removes any permanent serial number, |
---|
1238 | | - | 37.18permanent distinguishing number or manufacturer's identification number on personal |
---|
1239 | | - | 37.19property or possesses, sells or buys any personal property knowing or having reason to |
---|
1240 | | - | 37.20know that the permanent serial number, permanent distinguishing number or manufacturer's |
---|
1241 | | - | 37.21identification number has been removed or altered; or |
---|
1242 | | - | 37.22 (12) intentionally deprives another of a lawful charge for cable television service by: |
---|
1243 | | - | 37.23 (i) making or using or attempting to make or use an unauthorized external connection |
---|
1244 | | - | 37.24outside the individual dwelling unit whether physical, electrical, acoustical, inductive, or |
---|
1245 | | - | 37.25other connection; or by |
---|
1246 | | - | 37.26 (ii) attaching any unauthorized device to any cable, wire, microwave, or other component |
---|
1247 | | - | 37.27of a licensed cable communications system as defined in chapter 238. Nothing herein shall |
---|
1248 | | - | 37.28be construed to prohibit the electronic video rerecording of program material transmitted |
---|
1249 | | - | 37.29on the cable communications system by a subscriber for fair use as defined by Public Law |
---|
1250 | | - | 37.3094-553, section 107; or |
---|
1251 | | - | 37.31 (13) except as provided in clauses (12) and (14), obtains the services of another with |
---|
1252 | | - | 37.32the intention of receiving those services without making the agreed or reasonably expected |
---|
1253 | | - | 37.33payment of money or other consideration; or |
---|
1254 | | - | 37Article 2 Sec. 21. |
---|
1255 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 38.1 (14) intentionally deprives another of a lawful charge for telecommunications service |
---|
1256 | | - | 38.2by: |
---|
1257 | | - | 38.3 (i) making, using, or attempting to make or use an unauthorized connection whether |
---|
1258 | | - | 38.4physical, electrical, by wire, microwave, radio, or other means to a component of a local |
---|
1259 | | - | 38.5telecommunication system as provided in chapter 237; or |
---|
1260 | | - | 38.6 (ii) attaching an unauthorized device to a cable, wire, microwave, radio, or other |
---|
1261 | | - | 38.7component of a local telecommunication system as provided in chapter 237. |
---|
1262 | | - | 38.8 The existence of an unauthorized connection is prima facie evidence that the occupier |
---|
1263 | | - | 38.9of the premises: |
---|
1264 | | - | 38.10 (A) made or was aware of the connection; and |
---|
1265 | | - | 38.11 (B) was aware that the connection was unauthorized; |
---|
1266 | | - | 38.12 (15) with intent to defraud, diverts corporate property other than in accordance with |
---|
1267 | | - | 38.13general business purposes or for purposes other than those specified in the corporation's |
---|
1268 | | - | 38.14articles of incorporation; or |
---|
1269 | | - | 38.15 (16) with intent to defraud, authorizes or causes a corporation to make a distribution in |
---|
1270 | | - | 38.16violation of section 302A.551, or any other state law in conformity with it; or |
---|
1271 | | - | 38.17 (17) takes or drives a motor vehicle without the consent of the owner or an authorized |
---|
1272 | | - | 38.18agent of the owner, knowing or having reason to know that the owner or an authorized agent |
---|
1273 | | - | 38.19of the owner did not give consent; or |
---|
1274 | | - | 38.20 (18) intentionally, and without claim of right, takes motor fuel from a retailer without |
---|
1275 | | - | 38.21the retailer's consent and with intent to deprive the retailer permanently of possession of |
---|
1276 | | - | 38.22the fuel by driving a motor vehicle from the premises of the retailer without having paid |
---|
1277 | | - | 38.23for the fuel dispensed into the vehicle; or |
---|
1278 | | - | 38.24 (19) commits wage theft under subdivision 1, clause (13). |
---|
1279 | | - | 38.25 (b) Proof that the driver of a motor vehicle into which motor fuel was dispensed drove |
---|
1280 | | - | 38.26the vehicle from the premises of the retailer without having paid for the fuel permits the |
---|
1281 | | - | 38.27factfinder to infer that the driver acted intentionally and without claim of right, and that the |
---|
1282 | | - | 38.28driver intended to deprive the retailer permanently of possession of the fuel. This paragraph |
---|
1283 | | - | 38.29does not apply if: (1) payment has been made to the retailer within 30 days of the receipt |
---|
1284 | | - | 38.30of notice of nonpayment under section 604.15; or (2) a written notice as described in section |
---|
1285 | | - | 38.31604.15, subdivision 4, disputing the retailer's claim, has been sent. This paragraph does not |
---|
1286 | | - | 38Article 2 Sec. 21. |
---|
1287 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 39.1apply to the owner of a motor vehicle if the vehicle or the vehicle's license plate has been |
---|
1288 | | - | 39.2reported stolen before the theft of the fuel. |
---|
1289 | | - | 39.3 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
1290 | | - | 39.4committed on or after that date. |
---|
1291 | | - | 39.5 Sec. 22. Minnesota Statutes 2024, section 628.26, is amended to read: |
---|
1292 | | - | 39.6 628.26 LIMITATIONS. |
---|
1293 | | - | 39.7 (a) Indictments or complaints for any crime resulting in the death of the victim may be |
---|
1294 | | - | 39.8found or made at any time after the death of the person killed. |
---|
1295 | | - | 39.9 (b) Indictments or complaints for a violation of section 609.25 may be found or made |
---|
1296 | | - | 39.10at any time after the commission of the offense. |
---|
1297 | | - | 39.11 (c) Indictments or complaints for violation of section 609.282 may be found or made at |
---|
1298 | | - | 39.12any time after the commission of the offense if the victim was under the age of 18 at the |
---|
1299 | | - | 39.13time of the offense. |
---|
1300 | | - | 39.14 (d) Indictments or complaints for violation of section 609.282 where the victim was 18 |
---|
1301 | | - | 39.15years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), |
---|
1302 | | - | 39.16shall be found or made and filed in the proper court within six years after the commission |
---|
1303 | | - | 39.17of the offense. |
---|
1304 | | - | 39.18 (e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and |
---|
1305 | | - | 39.19609.3458 may be found or made at any time after the commission of the offense. |
---|
1306 | | - | 39.20 (f) Indictments or complaints for violation of sections 609.466 609.467 and 609.52, |
---|
1307 | | - | 39.21subdivision 2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the |
---|
1308 | | - | 39.22proper court within six years after the commission of the offense. |
---|
1309 | | - | 39.23 (g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, |
---|
1310 | | - | 39.24paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where |
---|
1311 | | - | 39.25the value of the property or services stolen is more than $35,000, or for violation of section |
---|
1312 | | - | 39.26609.527 where the offense involves eight or more direct victims or the total combined loss |
---|
1313 | | - | 39.27to the direct and indirect victims is more than $35,000, shall be found or made and filed in |
---|
1314 | | - | 39.28the proper court within five years after the commission of the offense. |
---|
1315 | | - | 39.29 (h) Except for violations relating to false material statements, representations or |
---|
1316 | | - | 39.30omissions, indictments or complaints for violations of section 609.671 shall be found or |
---|
1317 | | - | 39.31made and filed in the proper court within five years after the commission of the offense. |
---|
1318 | | - | 39Article 2 Sec. 22. |
---|
1319 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 40.1 (i) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found |
---|
1320 | | - | 40.2or made and filed in the proper court within five years after the commission of the offense. |
---|
1321 | | - | 40.3 (j) Indictments or complaints for violation of section 609.746 shall be found or made |
---|
1322 | | - | 40.4and filed in the proper court within the later of three years after the commission of the |
---|
1323 | | - | 40.5offense or three years after the offense was reported to law enforcement authorities. |
---|
1324 | | - | 40.6 (k) In all other cases, indictments or complaints shall be found or made and filed in the |
---|
1325 | | - | 40.7proper court within three years after the commission of the offense. |
---|
1326 | | - | 40.8 (l) The limitations periods contained in this section shall exclude any period of time |
---|
1327 | | - | 40.9during which the defendant was not an inhabitant of or usually resident within this state. |
---|
1328 | | - | 40.10 (m) The limitations periods contained in this section for an offense shall not include any |
---|
1329 | | - | 40.11period during which the alleged offender participated under a written agreement in a pretrial |
---|
1330 | | - | 40.12diversion program relating to that offense. |
---|
1331 | | - | 40.13 (n) The limitations periods contained in this section shall not include any period of time |
---|
1332 | | - | 40.14during which physical evidence relating to the offense was undergoing DNA analysis, as |
---|
1333 | | - | 40.15defined in section 299C.155, unless the defendant demonstrates that the prosecuting or law |
---|
1334 | | - | 40.16enforcement agency purposefully delayed the DNA analysis process in order to gain an |
---|
1335 | | - | 40.17unfair advantage. |
---|
1336 | | - | 40.18Sec. 23. OPEN POSITIONS REPORT. |
---|
1337 | | - | 40.19 The commissioner of management and budget must report the number of posted executive |
---|
1338 | | - | 40.20branch job openings that have gone unfilled for at least six months. The commissioner's |
---|
1339 | | - | 40.21report must identify such openings by agency and job title, and identify which specific job |
---|
1340 | | - | 40.22titles or classes take longest to fill on average and those that experience the most turnover. |
---|
1341 | | - | 40.23No later than February 1, 2026, August 1, 2026, and February 1, 2027, the commissioner |
---|
1342 | | - | 40.24must submit this report to the chairs and ranking minority members of the legislative |
---|
1343 | | - | 40.25committees with jurisdiction over state government finance and policy. |
---|
1344 | | - | 40.26Sec. 24. INTEGRATING APPLICATION INFORMATION AND A REFERRAL |
---|
1345 | | - | 40.27PROCESS FOR THE TRANSIT ASSISTANCE PROGRAM ON THE MNBENEFITS |
---|
1346 | | - | 40.28WEB PORTAL. |
---|
1347 | | - | 40.29 No later than June 30, 2026, the commissioner of children, youth, and families, in |
---|
1348 | | - | 40.30consultation with Metro Transit and the commissioners of transportation, human services, |
---|
1349 | | - | 40.31and Minnesota IT Services, must integrate application information and a referral process |
---|
1350 | | - | 40.32for the transit assistance program administered by Metro Transit into the MNbenefits web |
---|
1351 | | - | 40Article 2 Sec. 24. |
---|
1352 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 41.1portal. Metro Transit and the Metropolitan Council must continue to process applications |
---|
1353 | | - | 41.2for the transit assistance program after application information and a referral process are |
---|
1354 | | - | 41.3integrated into the MNbenefits web portal. |
---|
1355 | | - | 41.4 Sec. 25. STATUE REPLACEMENT . |
---|
1356 | | - | 41.5 The commissioner of administration may accept private funds, submit a request to the |
---|
1357 | | - | 41.6Joint Committee on the Library of Congress, and erect a new statue in Statuary Hall in the |
---|
1358 | | - | 41.7United States Capitol, including removing an existing statue from Statuary Hall and |
---|
1359 | | - | 41.8transporting it to Minnesota, recasting an existing statue in Minnesota, and transporting and |
---|
1360 | | - | 41.9installing the new statue in Statuary Hall. All money accepted by the commissioner under |
---|
1361 | | - | 41.10this section must be deposited in a dedicated account in the special revenue fund and is |
---|
1362 | | - | 41.11appropriated to the commissioner for purposes of this section. The account expires on |
---|
1363 | | - | 41.12January 1, 2028, with any money remaining in the account at that time appropriated to the |
---|
1364 | | - | 41.13State Arts Board for purposes of the programs and activities authorized under Minnesota |
---|
1365 | | - | 41.14Statutes, chapter 129D. |
---|
1366 | | - | 41.15 EFFECTIVE DATE.This section is effective the day after the chief clerk of the house |
---|
1367 | | - | 41.16of representatives and the secretary of the senate jointly notify the revisor of statutes and |
---|
1368 | | - | 41.17the commissioner of administration that the state has satisfied the requirements for a statue |
---|
1369 | | - | 41.18replacement request under United States Code, title 2, chapter 30, section 2132. |
---|
1370 | | - | 41.19Sec. 26. REPEALER. |
---|
1371 | | - | 41.20 Subdivision 1.Employee gainsharing.Minnesota Statutes 2024, section 16A.90, is |
---|
1372 | | - | 41.21repealed. |
---|
1373 | | - | 41.22 Subd. 2.Advisory Council on Infrastructure.Minnesota Statutes 2024, sections |
---|
1374 | | - | 41.2316B.356; 16B.357; 16B.358; and 16B.359, are repealed. |
---|
1375 | | - | 41.24 Subd. 3.CPA substantial equivalence.Minnesota Rules, part 1105.7900, item D, is |
---|
1376 | | - | 41.25repealed. |
---|
1377 | | - | 41.26 Subd. 4.Medical assistance fraud.Minnesota Statutes 2024, section 609.466, is |
---|
1378 | | - | 41.27repealed. |
---|
1379 | | - | 41.28 EFFECTIVE DATE.Subdivision 3 is effective the day following final enactment. |
---|
1380 | | - | 41Article 2 Sec. 26. |
---|
1381 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 42.1 ARTICLE 3 |
---|
1382 | | - | 42.2 BUSINESS FILING FRAUD AND DECEPTIVE MAILINGS |
---|
1383 | | - | 42.3 Section 1. [5.60] LATE RENEWAL PENALTY. |
---|
1384 | | - | 42.4 Subdivision 1.Late penalty.The secretary of state may require a person to pay a late |
---|
1385 | | - | 42.5penalty of up to $25 when filing for renewal or reinstatement of a business entity that the |
---|
1386 | | - | 42.6secretary of state has dissolved, terminated, or revoked due to failure to file an annual |
---|
1387 | | - | 42.7renewal, or a business entity for which the secretary of state has canceled a certificate of |
---|
1388 | | - | 42.8authority. The secretary of state must deposit all late penalty revenue in the account created |
---|
1389 | | - | 42.9under subdivision 2. The late penalty is in addition to any other fee or assessment provided |
---|
1390 | | - | 42.10by law. |
---|
1391 | | - | 42.11 Subd. 2.Account; appropriation.The secretary of state fraud prevention and data |
---|
1392 | | - | 42.12security account is created in the special revenue fund. Money in the account is appropriated |
---|
1393 | | - | 42.13to the secretary of state to: |
---|
1394 | | - | 42.14 (1) fulfill statutory and constitutional duties regarding fraud prevention and data privacy |
---|
1395 | | - | 42.15and security, including but not limited to cyber security and the Minnesota Business Filing |
---|
1396 | | - | 42.16Fraud Prevention Act under sections 300.70 to 300.78; |
---|
1397 | | - | 42.17 (2) ensure the accuracy and completeness of documents that are permitted or required |
---|
1398 | | - | 42.18under law to be filed with the secretary of state; and |
---|
1399 | | - | 42.19 (3) enhance the secretary of state's information and telecommunications technology |
---|
1400 | | - | 42.20systems and services. |
---|
1401 | | - | 42.21 Subd. 3.Annual report.By February 15 each year, the secretary of state must submit |
---|
1402 | | - | 42.22a report identifying the amount of revenue collected and outcomes achieved under this |
---|
1403 | | - | 42.23section to the chairs and ranking minority members of the legislative committees with |
---|
1404 | | - | 42.24jurisdiction over state government finance and policy. |
---|
1405 | | - | 42.25 EFFECTIVE DATE.This section is effective July 1, 2025, and applies to renewal or |
---|
1406 | | - | 42.26reinstatement applications submitted on or after that date. |
---|
1407 | | - | 42.27Sec. 2. Minnesota Statutes 2024, section 13.485, subdivision 1, is amended to read: |
---|
1408 | | - | 42.28 Subdivision 1.Scope.The sections referred to in subdivisions 3 to 6 7 are codified |
---|
1409 | | - | 42.29outside this chapter. Those sections classify corporation data as other than public, place |
---|
1410 | | - | 42.30restrictions on access to government data, or involve data sharing. |
---|
1411 | | - | 42Article 3 Sec. 2. |
---|
1412 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 43.1 Sec. 3. Minnesota Statutes 2024, section 13.485, is amended by adding a subdivision to |
---|
1413 | | - | 43.2read: |
---|
1414 | | - | 43.3 Subd. 7.Business fraud investigations.Government data related to investigations under |
---|
1415 | | - | 43.4sections 300.70 to 300.78 are governed by section 300.78. |
---|
1416 | | - | 43.5 Sec. 4. [300.70] CITATION AND DEFINITIONS. |
---|
1417 | | - | 43.6 Subdivision 1.Citation.Sections 300.70 to 300.78 may be cited as the "Minnesota |
---|
1418 | | - | 43.7Business Filing Fraud Prevention Act." |
---|
1419 | | - | 43.8 Subd. 2.Definitions.(a) For purposes of sections 300.70 to 300.78, the following terms |
---|
1420 | | - | 43.9have the meanings given. |
---|
1421 | | - | 43.10 (b) "Complainant" means a person who (1) delivers a declaration of wrongful filing, and |
---|
1422 | | - | 43.11(2) has a connection to the allegedly wrongful filing or the related business. |
---|
1423 | | - | 43.12 (c) "Filer" means the person who has allegedly made a wrongful filing. |
---|
1424 | | - | 43.13 (d) "Office" means the Office of the Secretary of State. |
---|
1425 | | - | 43.14Sec. 5. [300.71] DECLARATION OF WRONGFUL FILING. |
---|
1426 | | - | 43.15 Subdivision 1.Form and contents of declaration.(a) A complainant may deliver a |
---|
1427 | | - | 43.16declaration of wrongful filing to the office if the complainant believes that a document filed |
---|
1428 | | - | 43.17under chapters 301 to 323A: |
---|
1429 | | - | 43.18 (1) was not authorized to be filed; and |
---|
1430 | | - | 43.19 (2) was filed with the intent to: (i) modify the ownership, registered agent, business |
---|
1431 | | - | 43.20address, contact information, governance, or other information of a business on record; or |
---|
1432 | | - | 43.21(ii) register a business using another person's name, address, or identity. |
---|
1433 | | - | 43.22 (b) A declaration of wrongful filing must include: |
---|
1434 | | - | 43.23 (1) the file number of the allegedly wrongful filing; |
---|
1435 | | - | 43.24 (2) the complainant's name, mailing address, and email address; |
---|
1436 | | - | 43.25 (3) whether the complainant is employed by or has an ownership interest in the business |
---|
1437 | | - | 43.26that is the subject of the filing; |
---|
1438 | | - | 43.27 (4) any information or evidence supporting the complainant's allegations under this |
---|
1439 | | - | 43.28section; |
---|
1440 | | - | 43Article 3 Sec. 5. |
---|
1441 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 44.1 (5) a statement verifying the complainant believes in good faith that the facts stated in |
---|
1442 | | - | 44.2the declaration are true; and |
---|
1443 | | - | 44.3 (6) any other information the office deems necessary. |
---|
1444 | | - | 44.4 (c) The office must provide a form for declarations filed under this section. A complainant |
---|
1445 | | - | 44.5must use the provided form when submitting a declaration of wrongful filing. |
---|
1446 | | - | 44.6 (d) A false material statement of fact in a declaration of wrongful filing or any other |
---|
1447 | | - | 44.7document submitted under sections 300.70 to 300.78 is a violation of section 609.48. |
---|
1448 | | - | 44.8 Subd. 2.Review of declaration.(a) The office must promptly accept or reject a |
---|
1449 | | - | 44.9declaration of wrongful filing. |
---|
1450 | | - | 44.10 (b) The office may reject a declaration of wrongful filing that is incomplete or does not |
---|
1451 | | - | 44.11use the provided form or if the office reasonably believes it was delivered with the intent |
---|
1452 | | - | 44.12to harass or defraud the filer. The office may reject a declaration of wrongful filing if the |
---|
1453 | | - | 44.13office has already issued a final order on the filing identified in the declaration. |
---|
1454 | | - | 44.14 Subd. 3.Nonexclusive remedy.The remedy in sections 300.70 to 300.78 is not exclusive. |
---|
1455 | | - | 44.15An aggrieved party may seek district court action regardless of whether the individual has |
---|
1456 | | - | 44.16initiated or completed the procedure described in these sections. |
---|
1457 | | - | 44.17Sec. 6. [300.72] NOTICE. |
---|
1458 | | - | 44.18 (a) When the office accepts a declaration of wrongful filing, the office must provide |
---|
1459 | | - | 44.19notice of the declaration to the complainant and the filer. The notice must describe the |
---|
1460 | | - | 44.20allegations made in the declaration and the process used to resolve the allegations. The |
---|
1461 | | - | 44.21notice must prominently state the response timeline in section 300.73 and the consequences |
---|
1462 | | - | 44.22if the filer does not respond. The notice must prominently state that a false statement of |
---|
1463 | | - | 44.23material fact in any documents submitted under sections 300.70 to 300.78 is a violation of |
---|
1464 | | - | 44.24section 609.48. |
---|
1465 | | - | 44.25 (b) The office must send the notice by first class mail, postage prepaid, to: |
---|
1466 | | - | 44.26 (1) the complainant at the mailing address provided in the declaration; and |
---|
1467 | | - | 44.27 (2) the filer at: |
---|
1468 | | - | 44.28 (i) the most recent registered business address associated with the filing named in the |
---|
1469 | | - | 44.29declaration; or |
---|
1470 | | - | 44.30 (ii) if a mailing address for the filer cannot be identified, the notice may be served on |
---|
1471 | | - | 44.31the filer as provided under section 5.25, subdivision 6. |
---|
1472 | | - | 44Article 3 Sec. 6. |
---|
1473 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 45.1 (c) Notice is deemed received by the complainant and the filer upon mailing. |
---|
1474 | | - | 45.2 (d) If the notice to the filer is returned as undeliverable, the office may deem the filing |
---|
1475 | | - | 45.3fraudulent and immediately issue a final order as provided under section 300.76, |
---|
1476 | | - | 45.4notwithstanding the time period under section 300.73. |
---|
1477 | | - | 45.5 Sec. 7. [300.73] RESPONSE. |
---|
1478 | | - | 45.6 (a) After notice is received, the filer must respond in writing to the allegations in the |
---|
1479 | | - | 45.7declaration. The response must be received by the office within 21 calendar days of receipt |
---|
1480 | | - | 45.8of the notice. |
---|
1481 | | - | 45.9 (b) The filer's response under this section must include any information refuting the |
---|
1482 | | - | 45.10allegations contained in the complainant's declaration. |
---|
1483 | | - | 45.11Sec. 8. [300.74] PROCEDURE WHEN NO RESPONSE RECEIVED. |
---|
1484 | | - | 45.12 If the filer does not respond within the time period under section 300.73, the office must |
---|
1485 | | - | 45.13deem the filing fraudulent and issue a final order as provided under section 300.76. |
---|
1486 | | - | 45.14Sec. 9. [300.75] PROCEDURE WHEN RESPONSE RECEIVED. |
---|
1487 | | - | 45.15 Subdivision 1.Preliminary determination.(a) If the filer responds within the period |
---|
1488 | | - | 45.16under section 300.73, the office must further investigate the allegations in the declaration |
---|
1489 | | - | 45.17and information in the response and make a preliminary determination regarding whether |
---|
1490 | | - | 45.18the filing named in the declaration is fraudulent. |
---|
1491 | | - | 45.19 (b) The office may request additional information from the complainant and the filer if |
---|
1492 | | - | 45.20necessary to make the preliminary determination. |
---|
1493 | | - | 45.21 Subd. 2.Notice of preliminary determination.The office must send notice of the |
---|
1494 | | - | 45.22preliminary determination to the complainant and the filer in the manner described under |
---|
1495 | | - | 45.23section 300.72. Notice is deemed received in the manner described under section 300.72. |
---|
1496 | | - | 45.24 Subd. 3.Response.After notice is received, the nonprevailing party must respond to |
---|
1497 | | - | 45.25the preliminary determination within ten calendar days with additional information or |
---|
1498 | | - | 45.26evidence in support of the nonprevailing party's position. The prevailing party may send |
---|
1499 | | - | 45.27additional information or evidence within the same time period. The response must be |
---|
1500 | | - | 45.28received by the office within the time period provided under this subdivision. |
---|
1501 | | - | 45.29 Subd. 4.Procedure if no second response is received.If the nonprevailing party does |
---|
1502 | | - | 45.30not respond as required under subdivision 3, the preliminary determination becomes final |
---|
1503 | | - | 45.31and the office must issue a final order under section 300.76. |
---|
1504 | | - | 45Article 3 Sec. 9. |
---|
1505 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 46.1 Subd. 5.Procedure if second response is received.If the nonprevailing party responds |
---|
1506 | | - | 46.2as required under subdivision 3, the office must consider the additional information provided, |
---|
1507 | | - | 46.3make a final determination regarding whether the filing named in the declaration is fraudulent, |
---|
1508 | | - | 46.4and issue a final order under section 300.76. |
---|
1509 | | - | 46.5 Subd. 6.Factors.When making a preliminary or final determination under this section, |
---|
1510 | | - | 46.6the office may consider various factors, including but not limited to: |
---|
1511 | | - | 46.7 (1) whether the office has previously received declarations of wrongful filing or issued |
---|
1512 | | - | 46.8final orders relating to the business, the filer, or the complainant; |
---|
1513 | | - | 46.9 (2) the previous filing history relating to the business, the filer, or the complainant; |
---|
1514 | | - | 46.10 (3) whether the filer or complainant failed to respond to a request for additional |
---|
1515 | | - | 46.11information; and |
---|
1516 | | - | 46.12 (4) whether the office is able to independently verify the information provided by the |
---|
1517 | | - | 46.13filer or complainant using publicly available information. |
---|
1518 | | - | 46.14Sec. 10. [300.76] FINAL ORDER. |
---|
1519 | | - | 46.15 Subdivision 1.Filings deemed fraudulent.(a) If the office deems a filing fraudulent |
---|
1520 | | - | 46.16under section 300.74 or 300.75, the office must issue a final order under this subdivision. |
---|
1521 | | - | 46.17The final order must provide the office's rationale for deeming the filing fraudulent. |
---|
1522 | | - | 46.18 (b) When a filing is deemed fraudulent pursuant to a final order under this subdivision, |
---|
1523 | | - | 46.19the filing must be treated for legal purposes as if the filing never existed. In the case of a |
---|
1524 | | - | 46.20business registered using a Minnesota resident's name, address, or identity without the |
---|
1525 | | - | 46.21resident's authorization, the business is deemed dissolved. |
---|
1526 | | - | 46.22 (c) When a filing is deemed fraudulent pursuant to a final order, the office must: |
---|
1527 | | - | 46.23 (1) mark the unauthorized filing or the business record as unauthorized or fraudulent; |
---|
1528 | | - | 46.24 (2) redact names and addresses that were used without authorization; and |
---|
1529 | | - | 46.25 (3) retain a copy of the final order. |
---|
1530 | | - | 46.26 (d) In addition to the actions in paragraph (c), the office may: |
---|
1531 | | - | 46.27 (1) disable additional filing functionality on the business entity's record; or |
---|
1532 | | - | 46.28 (2) take other action the office deems necessary to prevent further unauthorized filings, |
---|
1533 | | - | 46.29protect private information, or prevent misuse of unauthorized information. |
---|
1534 | | - | 46Article 3 Sec. 10. |
---|
1535 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 47.1 Subd. 2.Filings deemed not fraudulent or insufficient evidence.If the office |
---|
1536 | | - | 47.2determines that a filing is not fraudulent or that insufficient information is available to make |
---|
1537 | | - | 47.3a determination, the office must issue a final order stating that the office is not removing |
---|
1538 | | - | 47.4the filing from the database. The final order must provide the office's rationale for |
---|
1539 | | - | 47.5determining that the filing is not fraudulent or that insufficient information is available to |
---|
1540 | | - | 47.6make a determination. |
---|
1541 | | - | 47.7 Sec. 11. [300.77] JUDICIAL REVIEW. |
---|
1542 | | - | 47.8 (a) Any party who is aggrieved by a final order under section 300.76 may appeal the |
---|
1543 | | - | 47.9order to the district court of the Minnesota county where the business that is the subject of |
---|
1544 | | - | 47.10the final order is registered or was registered before the business's dissolution or, if the |
---|
1545 | | - | 47.11business is not registered in Minnesota, to the district court of Ramsey County. The aggrieved |
---|
1546 | | - | 47.12party may also appeal the final order as part of any district court action between the filer |
---|
1547 | | - | 47.13and complainant where the filing at issue is relevant to the issues in the case. |
---|
1548 | | - | 47.14 (b) The aggrieved party must serve a written copy of a notice of appeal upon the office |
---|
1549 | | - | 47.15and any adverse party of record within 30 calendar days after the date the final order was |
---|
1550 | | - | 47.16issued and must also file the original notice and proof of service with the court administrator |
---|
1551 | | - | 47.17of the district court. Service may be made in person or by mail. Service by mail is complete |
---|
1552 | | - | 47.18upon mailing. The court administrator is prohibited from requiring a filing fee for appeals |
---|
1553 | | - | 47.19taken pursuant to this section. |
---|
1554 | | - | 47.20 (c) The office may elect to become a party to the proceedings in the district court. |
---|
1555 | | - | 47.21 (d) The court may order that the office furnish the court and all parties to the proceedings |
---|
1556 | | - | 47.22with a copy of the decision, the filing that is the subject of the decision, and any materials |
---|
1557 | | - | 47.23or information submitted to the office. Any materials provided under this section that are |
---|
1558 | | - | 47.24filed with the court must be done so under restricted access unless the court orders otherwise. |
---|
1559 | | - | 47.25 (e) A party may obtain a hearing at a special term of the district court by serving a written |
---|
1560 | | - | 47.26notice of the hearing's time and place at least ten days before the date of the hearing. |
---|
1561 | | - | 47.27 (f) A party aggrieved by the order of the district court may appeal the order as in other |
---|
1562 | | - | 47.28civil cases. Costs or disbursements must not be taxed against a party. A filing fee or bond |
---|
1563 | | - | 47.29must not be required of a party. |
---|
1564 | | - | 47Article 3 Sec. 11. |
---|
1565 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 48.1 Sec. 12. [300.78] DATA PRACTICES. |
---|
1566 | | - | 48.2 Subdivision 1.Definitions.For purposes of this section, "nonpublic data" has the meaning |
---|
1567 | | - | 48.3given in section 13.02, subdivision 9, and "private data on individuals" has the meaning |
---|
1568 | | - | 48.4given in section 13.02, subdivision 12. |
---|
1569 | | - | 48.5 Subd. 2.Data classification.Data submitted by a complainant or filer under sections |
---|
1570 | | - | 48.6300.70 to 300.78 is classified as nonpublic data or private data on individuals. A final order |
---|
1571 | | - | 48.7under section 300.76 is public data, subject to the following: the complainant or filer's |
---|
1572 | | - | 48.8personal contact information is classified as private data on individuals. The unredacted |
---|
1573 | | - | 48.9version of a filing deemed fraudulent pursuant to a final order under section 300.76, |
---|
1574 | | - | 48.10subdivision 1, is classified as nonpublic data or private data on individuals. The version of |
---|
1575 | | - | 48.11the filing that has been redacted pursuant to section 300.76, subdivision 1, paragraph (c), |
---|
1576 | | - | 48.12is classified as public data. |
---|
1577 | | - | 48.13 Subd. 3.Dissemination permitted.Notwithstanding subdivision 2, the office may |
---|
1578 | | - | 48.14disseminate data of any classification collected, created, or maintained under sections 300.70 |
---|
1579 | | - | 48.15to 300.78: |
---|
1580 | | - | 48.16 (1) to the attorney general to aid the office in the investigation and review of a filing |
---|
1581 | | - | 48.17that is the subject of a declaration of wrongful filing; |
---|
1582 | | - | 48.18 (2) to a person or agency if the office determines that access to the data aids a criminal |
---|
1583 | | - | 48.19or civil investigation; or |
---|
1584 | | - | 48.20 (3) if required or authorized by a court order or other state or federal law. |
---|
1585 | | - | 48.21Sec. 13. [300.79] PROHIBITION ON DECEPTIVE BUSINESS MAILINGS. |
---|
1586 | | - | 48.22 Subdivision 1.Definition.For purposes of this section, "solicitation" means a |
---|
1587 | | - | 48.23communication that is sent by a nongovernment third party to a business and that purports |
---|
1588 | | - | 48.24to: |
---|
1589 | | - | 48.25 (1) notify the business of an operating requirement, including but not limited to filing |
---|
1590 | | - | 48.26documents with or retrieving documents from the Office of the Secretary of State; or |
---|
1591 | | - | 48.27 (2) offer a service that relates to filing documents with, producing documents for, or |
---|
1592 | | - | 48.28reporting information to the Office of the Secretary of State. |
---|
1593 | | - | 48.29 Subd. 2.Design and content requirements.(a) A solicitation must: |
---|
1594 | | - | 48.30 (1) include a clear statement indicating that the solicitation is an advertisement and is |
---|
1595 | | - | 48.31not from a government agency. The statement must be placed at the top of a physical |
---|
1596 | | - | 48.32document or the beginning of an electronic communication and must be in at least 24-point |
---|
1597 | | - | 48Article 3 Sec. 13. |
---|
1598 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 49.1font. All other text in the document must be smaller than the statement required by this |
---|
1599 | | - | 49.2clause; |
---|
1600 | | - | 49.3 (2) provide information indicating where an individual is able to directly file documents |
---|
1601 | | - | 49.4with the secretary of state or retrieve copies of public records; |
---|
1602 | | - | 49.5 (3) disclose the name and physical address of the company sending the solicitation. The |
---|
1603 | | - | 49.6physical address must not be a post office box; and |
---|
1604 | | - | 49.7 (4) for a mailed solicitation, prominently display in capital letters on the envelope or |
---|
1605 | | - | 49.8outer wrapper the words "THIS IS NOT A GOVERNMENT DOCUMENT." |
---|
1606 | | - | 49.9 (b) The overall design and language of a solicitation must not: |
---|
1607 | | - | 49.10 (1) create the impression that the solicitation is an official government notice or document; |
---|
1608 | | - | 49.11 (2) incorporate the Minnesota state seal or other logo or branding of the state or any |
---|
1609 | | - | 49.12state agency; or |
---|
1610 | | - | 49.13 (3) indicate or imply a legal duty to act on the solicitation or a penalty for failure to act |
---|
1611 | | - | 49.14on the solicitation. |
---|
1612 | | - | 49.15 Subd. 3.Penalties.(a) A person who sends a solicitation that does not comply with the |
---|
1613 | | - | 49.16requirements of this section is guilty of a misdemeanor. |
---|
1614 | | - | 49.17 (b) A violation of this section is a violation of sections 325D.43 to 325D.48. |
---|
1615 | | - | 49.18Sec. 14. Minnesota Statutes 2024, section 609.48, subdivision 1, is amended to read: |
---|
1616 | | - | 49.19 Subdivision 1.Acts constituting.Whoever makes a false material statement not believing |
---|
1617 | | - | 49.20it to be true in any of the following cases is guilty of perjury and may be sentenced as |
---|
1618 | | - | 49.21provided in subdivision 4: |
---|
1619 | | - | 49.22 (1) in or for an action, hearing or proceeding of any kind in which the statement is |
---|
1620 | | - | 49.23required or authorized by law to be made under oath or affirmation; |
---|
1621 | | - | 49.24 (2) in any writing which is required or authorized by law to be under oath or affirmation; |
---|
1622 | | - | 49.25 (3) in any writing made according to section 358.115; |
---|
1623 | | - | 49.26 (4) in any writing made according to section 358.116; or |
---|
1624 | | - | 49.27 (5) in any writing made according to sections 300.70 to 300.78; or |
---|
1625 | | - | 49.28 (6) in any other case in which the penalties for perjury are imposed by law and no specific |
---|
1626 | | - | 49.29sentence is otherwise provided. |
---|
1627 | | - | 49Article 3 Sec. 14. |
---|
1628 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT 50.1 Sec. 15. RULEMAKING. |
---|
1629 | | - | 50.2 The secretary of state may adopt rules to carry out the provisions of this article. |
---|
1630 | | - | 50.3Notwithstanding Minnesota Statutes, section 14.125, no time limit applies to the authority |
---|
1631 | | - | 50.4granted under this section. |
---|
1632 | | - | 50.5 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1633 | | - | 50.6 Sec. 16. EFFECTIVE DATE. |
---|
1634 | | - | 50.7 Sections 2 to 12 and 14 are effective for filings made on or after January 1, 2026. |
---|
1635 | | - | 50Article 3 Sec. 16. |
---|
1636 | | - | REVISOR SGS H2783-1HF2783 FIRST ENGROSSMENT Page.Ln 1.24STATE GOVERNMENT APPROPRIATIONS.....................................ARTICLE 1 |
---|
1637 | | - | Page.Ln 16.26STATE GOVERNMENT STATUTORY PROVISIONS.......................ARTICLE 2 |
---|
1638 | | - | Page.Ln 42.1BUSINESS FILING FRAUD AND DECEPTIVE MAILINGS............ARTICLE 3 |
---|
| 409 | + | 12.12Sec. 36. ST. PAUL TEACHERS RETIREMENT |
---|
| 410 | + | 12.13FUND |
---|
| 411 | + | 12.14The amounts estimated to be needed for |
---|
| 412 | + | 12.15special direct state aid to the first class city |
---|
| 413 | + | 12.16teachers retirement fund association authorized |
---|
| 414 | + | 12.17under Minnesota Statutes, section 354A.12, |
---|
| 415 | + | 12.18subdivisions 3a and 3c. |
---|
| 416 | + | 12.19Sec. 37. APPROPRIATION; ONETIME DIRECT STATE AIDS. |
---|
| 417 | + | 12.20 Subdivision 1.Appropriation.$55,906,000 in fiscal year 2026 is appropriated from |
---|
| 418 | + | 12.21the general fund to the commissioner of management and budget to transfer onetime state |
---|
| 419 | + | 12.22aid to the fund for each pension plan as specified in subdivision 2 and pay onetime state aid |
---|
| 420 | + | 12.23to the St. Paul Teachers Retirement Fund Association in the amount specified in subdivision |
---|
| 421 | + | 12.242. |
---|
| 422 | + | 12.25 Subd. 2.Direct state aids.No later than October 1, 2025, the commissioner must allocate |
---|
| 423 | + | 12.26the amount appropriated in subdivision 1 among the funds for the pension plans as follows: |
---|
| 424 | + | Amount12.27Plan |
---|
| 425 | + | $11,083,00012.28General state employees retirement plan |
---|
| 426 | + | $307,00012.29State Patrol retirement plan |
---|
| 427 | + | $904,00012.30Correctional state employees retirement plan |
---|
| 428 | + | $153,00012.31Judges retirement plan |
---|
| 429 | + | $1,00012.32Legislators retirement plan |
---|
| 430 | + | $21,755,00012.33General public employees retirement plan |
---|
| 431 | + | $3,403,00012.34Public employees police and fire retirement plan |
---|
| 432 | + | 12Article 1 Sec. 37. |
---|
| 433 | + | REVISOR SGS/CH 25-0291903/21/25 $728,00013.1Local government correctional service retirement plan |
---|
| 434 | + | $16,740,00013.2Teachers Retirement Association |
---|
| 435 | + | $832,00013.3St. Paul Teachers Retirement Fund Association |
---|
| 436 | + | 13.4 Sec. 38. TRANSFERS; ADMINISTRATION. |
---|
| 437 | + | 13.5 Positions, salary money, and nonsalary administrative money may be transferred within |
---|
| 438 | + | 13.6the Departments of Revenue and Administration as the commissioners consider necessary |
---|
| 439 | + | 13.7with the advance approval of the commissioner of management and budget. The |
---|
| 440 | + | 13.8commissioners shall inform the chairs and ranking minority members of the legislative |
---|
| 441 | + | 13.9committees with jurisdiction over state government finance quarterly about transfers made |
---|
| 442 | + | 13.10under this section. |
---|
| 443 | + | 13.11 ARTICLE 2 |
---|
| 444 | + | 13.12 STATE GOVERNMENT POLICY |
---|
| 445 | + | 13.13Section 1. [3.0841] CODE OF ETHICS FOR THE LEGISLATIVE BRANCH. |
---|
| 446 | + | 13.14 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
---|
| 447 | + | 13.15the meanings given. |
---|
| 448 | + | 13.16 (b) "Appointing authority" means the house of representatives Rules and Legislative |
---|
| 449 | + | 13.17Administration Committee for employees of the house of representatives, the senate Rules |
---|
| 450 | + | 13.18and Administration Committee for employees of the senate, and the Legislative Coordinating |
---|
| 451 | + | 13.19Commission for the unclassified employees of joint commissions and offices. |
---|
| 452 | + | 13.20 (c) "Business" means any corporation, partnership, proprietorship, firm, enterprise, |
---|
| 453 | + | 13.21franchise, association, organization, self-employed individual, or any other legal entity that |
---|
| 454 | + | 13.22engages in either nonprofit or profit-making activities. |
---|
| 455 | + | 13.23 (d) "Confidential information" means any information obtained under government |
---|
| 456 | + | 13.24authority that has not become part of the body of public information and which, if released |
---|
| 457 | + | 13.25prematurely or in nonsummary form, may provide unfair economic advantage or adversely |
---|
| 458 | + | 13.26affect the competitive position of an individual or a business. |
---|
| 459 | + | 13.27 (e) "Employee" means all members of the legislature and all employees of the legislature, |
---|
| 460 | + | 13.28legislative committees, or commissions. |
---|
| 461 | + | 13.29 (f) "Private interest" means any interest, including but not limited to a financial interest, |
---|
| 462 | + | 13.30that pertains to a person or business whereby the person or business would gain a benefit, |
---|
| 463 | + | 13.31privilege, exemption, or advantage from the action of a state agency or employee that is not |
---|
| 464 | + | 13.32available to the general public. |
---|
| 465 | + | 13Article 2 Section 1. |
---|
| 466 | + | REVISOR SGS/CH 25-0291903/21/25 14.1 Subd. 2.Acceptance of gifts; favors.Employees in the course of or in relation to their |
---|
| 467 | + | 14.2official duties shall not directly or indirectly receive or agree to receive any payment of |
---|
| 468 | + | 14.3expense, compensation, gift, reward, gratuity, favor, service, or promise of future employment |
---|
| 469 | + | 14.4or other future benefit from any source, except the state for any activity related to the duties |
---|
| 470 | + | 14.5of the employee unless otherwise provided by law. However, the acceptance of any of the |
---|
| 471 | + | 14.6following shall not be a violation of this subdivision: |
---|
| 472 | + | 14.7 (1) gifts of nominal value; |
---|
| 473 | + | 14.8 (2) plaques or similar mementos recognizing individual services in a field of specialty |
---|
| 474 | + | 14.9or to a charitable cause; |
---|
| 475 | + | 14.10 (3) payment of reimbursement expenses for travel or meals, not to exceed actual expenses |
---|
| 476 | + | 14.11incurred, that are not reimbursed by the state and have been approved in advance by the |
---|
| 477 | + | 14.12appointing authority as part of the work assignment; or |
---|
| 478 | + | 14.13 (4) honoraria or expenses paid for papers, talks, demonstrations, or appearances made |
---|
| 479 | + | 14.14by employees on their own time for which they are not compensated by the state. |
---|
| 480 | + | 14.15 Subd. 3.Use of confidential information.An employee shall not use confidential |
---|
| 481 | + | 14.16information to further the employee's private interest and shall not accept outside employment |
---|
| 482 | + | 14.17or involvement in a business or activity that will require the employee to disclose or use |
---|
| 483 | + | 14.18confidential information. |
---|
| 484 | + | 14.19 Subd. 4.Use of state property.(a) An employee shall not use or allow the use of state |
---|
| 485 | + | 14.20time, supplies, or state-owned or leased property and equipment for the employee's private |
---|
| 486 | + | 14.21interests or any other use not in the interest of the state, except as provided by law. |
---|
| 487 | + | 14.22 (b) Appointing authorities in the legislature shall issue policies on these issues for their |
---|
| 488 | + | 14.23employees. The policies shall permit employees to make reasonable use of state time, |
---|
| 489 | + | 14.24property, and equipment for personal communications and shall address issues of privacy, |
---|
| 490 | + | 14.25content of communications, and the definition of reasonable use as well as other issues the |
---|
| 491 | + | 14.26appointing authorities identify as necessary and relevant. |
---|
| 492 | + | 14.27 Subd. 5.Conflicts of interest.The following actions by an employee shall be deemed |
---|
| 493 | + | 14.28a conflict of interest and are subject to procedures in this section regarding resolution of the |
---|
| 494 | + | 14.29conflicts or disciplinary action as appropriate: |
---|
| 495 | + | 14.30 (1) use or attempted use of the employee's official position to secure benefits, privileges, |
---|
| 496 | + | 14.31exemptions, or advantages for the employee, the employee's immediate family, or an |
---|
| 497 | + | 14.32organization with which the employee is associated, that are different from those available |
---|
| 498 | + | 14.33to the general public; |
---|
| 499 | + | 14Article 2 Section 1. |
---|
| 500 | + | REVISOR SGS/CH 25-0291903/21/25 15.1 (2) acceptance of other employment or contractual relationship that will affect the |
---|
| 501 | + | 15.2employee's independence of judgment in the exercise of official duties; |
---|
| 502 | + | 15.3 (3) actions as an agent or attorney in any action or matter pending before the employing |
---|
| 503 | + | 15.4agency, except in the proper discharge of official duties or on the employee's behalf; or |
---|
| 504 | + | 15.5 (4) the solicitation of a financial agreement for the employee or entity other than the |
---|
| 505 | + | 15.6state when the state is currently engaged in the provision of the services that are the subject |
---|
| 506 | + | 15.7of the agreement or where the state has expressed an intention to engage in competition for |
---|
| 507 | + | 15.8the provision of the services, unless the affected state agency waives this clause. |
---|
| 508 | + | 15.9 Subd. 6.Determination of conflicts of interest.When an employee believes the potential |
---|
| 509 | + | 15.10for a conflict of interest exists, it is the employee's duty to avoid the situation. A conflict of |
---|
| 510 | + | 15.11interest shall be deemed to exist when a review of the situation by the employee or the |
---|
| 511 | + | 15.12appointing authority determines any one of the following conditions to be present: |
---|
| 512 | + | 15.13 (1) the use of state time, facilities, equipment, or supplies or the use of badge, uniform, |
---|
| 513 | + | 15.14prestige, or influence of state office or employment for private gain or advantage; |
---|
| 514 | + | 15.15 (2) receipt or acceptance by the employee of any money or other thing of value from |
---|
| 515 | + | 15.16anyone other than the state for the performance of an act that the employee would be required |
---|
| 516 | + | 15.17or expected to perform in the regular course or hours of state employment or as part of the |
---|
| 517 | + | 15.18duties as an employee; |
---|
| 518 | + | 15.19 (3) employment by a business which is subject to the direct or indirect control, inspection, |
---|
| 519 | + | 15.20review, audit, or enforcement by the employee; or |
---|
| 520 | + | 15.21 (4) the performance of an act in a capacity other than the employee's official capacity |
---|
| 521 | + | 15.22that may later be subject directly or indirectly to the control, inspection, review, audit, or |
---|
| 522 | + | 15.23enforcement by the employee. |
---|
| 523 | + | 15.24 Subd. 7.Resolution of conflict of interest.If the employee or appointing authority |
---|
| 524 | + | 15.25determines that a conflict of interest exists, the matter shall be assigned to another employee |
---|
| 525 | + | 15.26who does not have a conflict of interest. If it is not possible to assign the matter to an |
---|
| 526 | + | 15.27employee who does not have a conflict of interest, interested persons shall be notified of |
---|
| 527 | + | 15.28the conflict and the employee may proceed with the assignment. |
---|
| 528 | + | 15.29 Subd. 8.Precedence of chapter 10A.Where specific provisions of chapter 10A apply |
---|
| 529 | + | 15.30to employees and would conflict with this section, the provisions of chapter 10A shall apply. |
---|
| 530 | + | 15.31 Subd. 9.Precedence of section 3.084.Where specific provisions of section 3.084 apply |
---|
| 531 | + | 15.32to employees and would conflict with this section, the provisions of section 3.084 shall |
---|
| 532 | + | 15.33apply. |
---|
| 533 | + | 15Article 2 Section 1. |
---|
| 534 | + | REVISOR SGS/CH 25-0291903/21/25 16.1 Subd. 10.Noncompliance.Any employee who intentionally fails to comply with the |
---|
| 535 | + | 16.2provisions of this section shall be subject to disciplinary action and action pursuant to chapter |
---|
| 536 | + | 16.3609 if applicable. |
---|
| 537 | + | 16.4 Subd. 11.Enforcement.Appointing authorities must adopt rules to enforce this section. |
---|
| 538 | + | 16.5 Sec. 2. Minnesota Statutes 2024, section 3A.03, subdivision 1, is amended to read: |
---|
| 539 | + | 16.6 Subdivision 1.Percentage.(a) Every member of the legislature shall contribute nine |
---|
| 540 | + | 16.7percent of total salary, except from July 1, 2025, until June 30, 2026, when every member |
---|
| 541 | + | 16.8of the legislature shall contribute 8.75 percent of total salary. |
---|
| 542 | + | 16.9 (b) The contribution must be made by payroll deduction and must be paid into the state |
---|
| 543 | + | 16.10treasury and deposited in the general fund. |
---|
| 544 | + | 16.11 (c) The director must record the periodic contributions of each member of the legislature |
---|
| 545 | + | 16.12and must credit each contribution to the member's account. |
---|
| 546 | + | 16.13Sec. 3. Minnesota Statutes 2024, section 13.02, subdivision 7a, is amended to read: |
---|
| 547 | + | 16.14 Subd. 7a.Government entity."Government entity" means the legislature or a state |
---|
| 548 | + | 16.15agency, statewide system, or political subdivision. |
---|
| 549 | + | 16.16Sec. 4. Minnesota Statutes 2024, section 13.02, subdivision 16, is amended to read: |
---|
| 550 | + | 16.17 Subd. 16.Responsible authority.(a) "Responsible authority" in a state agency or |
---|
| 551 | + | 16.18statewide system means the state official designated by law or by the commissioner as the |
---|
| 552 | + | 16.19individual responsible for the collection, use and dissemination of any set of data on |
---|
| 553 | + | 16.20individuals, government data, or summary data. |
---|
| 554 | + | 16.21 (b) "Responsible authority" in any political subdivision means the individual designated |
---|
| 555 | + | 16.22by the governing body of that political subdivision as the individual responsible for the |
---|
| 556 | + | 16.23collection, use, and dissemination of any set of data on individuals, government data, or |
---|
| 557 | + | 16.24summary data, unless otherwise provided by state law. "Responsible authority" in the |
---|
| 558 | + | 16.25legislature means the chair of the Legislative Coordinating Commission, the secretary of |
---|
| 559 | + | 16.26the senate, and the chief clerk of the house of representatives. Until an individual is |
---|
| 560 | + | 16.27designated by the political subdivision's governing body, the responsible authority is: |
---|
| 561 | + | 16.28 (1) for counties, the county coordinator or administrator. If the county does not employ |
---|
| 562 | + | 16.29a coordinator or administrator, the responsible authority is the county auditor; |
---|
| 563 | + | 16Article 2 Sec. 4. |
---|
| 564 | + | REVISOR SGS/CH 25-0291903/21/25 17.1 (2) for statutory or home rule charter cities, the elected or appointed city clerk. If the |
---|
| 565 | + | 17.2home rule charter does not provide for an office of city clerk, the responsible authority is |
---|
| 566 | + | 17.3the chief clerical officer for filing and record keeping purposes; |
---|
| 567 | + | 17.4 (3) for school districts, the superintendent; and |
---|
| 568 | + | 17.5 (4) for all other political subdivisions, the chief clerical officer for filing and record |
---|
| 569 | + | 17.6keeping purposes. |
---|
| 570 | + | 17.7 Sec. 5. [13.357] DATA SHARING. |
---|
| 571 | + | 17.8 Subdivision 1.Definitions.For purposes of this section, the following terms have the |
---|
| 572 | + | 17.9meanings given. |
---|
| 573 | + | 17.10 (a) "Public program" means any program funded by a state or federal agency that involves |
---|
| 574 | + | 17.11transfer or disbursement of public funds or other public resources. |
---|
| 575 | + | 17.12 (b) "Fraud" means an intentional or deliberate act to deprive another of property or |
---|
| 576 | + | 17.13money or to acquire property or money by deception or other unfair means. Fraud includes |
---|
| 577 | + | 17.14intentionally submitting false information to a federal, state, or local government entity for |
---|
| 578 | + | 17.15the purpose of obtaining a greater compensation or benefit than that to which the person is |
---|
| 579 | + | 17.16legally entitled. Fraud includes acts that constitute a crime against any program, or acts that |
---|
| 580 | + | 17.17attempt or conspire to commit those crimes, including but not limited to theft in violation |
---|
| 581 | + | 17.18of section 609.52, perjury in violation of section 609.48, and aggravated forgery and forgery |
---|
| 582 | + | 17.19in violation of sections 609.625 and 609.63, and substantially similar federal laws. |
---|
| 583 | + | 17.20 Subd. 2.Authority to share data regarding fraud in public programs.Notwithstanding |
---|
| 584 | + | 17.21any provision of law to the contrary specifically prohibiting data sharing, any government |
---|
| 585 | + | 17.22entity may disclose data relating to suspected or confirmed fraud in public programs to any |
---|
| 586 | + | 17.23other government entity, federal agency, or law enforcement agency if the access would |
---|
| 587 | + | 17.24promote the protection of public resources, promote the integrity of public programs, or aid |
---|
| 588 | + | 17.25the law enforcement process. |
---|
| 589 | + | 17.26Sec. 6. Minnesota Statutes 2024, section 13.605, subdivision 1, is amended to read: |
---|
| 590 | + | 17.27 Subdivision 1.Legislative and budget proposal data.(a) Definition. As used in this |
---|
| 591 | + | 17.28section, "state administration" means the governor's office, the Department of Management |
---|
| 592 | + | 17.29and Budget, and any state agency that is under the direct control of the governor. |
---|
| 593 | + | 17.30 (b) Classifications. Legislative and budget proposals, including preliminary drafts, that |
---|
| 594 | + | 17.31are created, collected, or maintained by the state administration or the legislature are protected |
---|
| 595 | + | 17.32nonpublic data. After the budget is presented to the legislature by the state administration, |
---|
| 596 | + | 17Article 2 Sec. 6. |
---|
| 597 | + | REVISOR SGS/CH 25-0291903/21/25 18.1supporting data maintained by state administration, including agency requests, are public |
---|
| 598 | + | 18.2data. After the legislature or a legislator introduces a proposal impacting the state budget, |
---|
| 599 | + | 18.3supporting data maintained by the legislature or a legislator are public data. Supporting data |
---|
| 600 | + | 18.4do not include preliminary drafts. The state administration may disclose any of the data |
---|
| 601 | + | 18.5within the state administration and to the public at any time if disclosure would aid the |
---|
| 602 | + | 18.6administration in considering and preparing its proposals. The legislature may disclose any |
---|
| 603 | + | 18.7legislative or budget proposals within the legislature if disclosure would aid in considering |
---|
| 604 | + | 18.8and preparing its proposals. |
---|
| 605 | + | 18.9 Sec. 7. [15.013] PROGRAM PAYMENTS WITHHELD; FRAUD. |
---|
| 606 | + | 18.10 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
---|
| 607 | + | 18.11the meanings given. |
---|
| 608 | + | 18.12 (b) "Credible allegation of fraud" means an allegation of fraud that has been verified by |
---|
| 609 | + | 18.13the head of a state agency from any source, including but not limited to fraud complaints; |
---|
| 610 | + | 18.14patterns identified through audits, civil cases, law enforcement investigations, or |
---|
| 611 | + | 18.15investigations by other state or federal agencies; and court filings and other legal documents, |
---|
| 612 | + | 18.16including but not limited to police reports, complaints, indictments, information, affidavits, |
---|
| 613 | + | 18.17declarations, and search warrants. |
---|
| 614 | + | 18.18 (c) "Fraud" means an intentional or deliberate act to deprive another of property or |
---|
| 615 | + | 18.19money or to acquire property or money by deception or other unfair means. Fraud includes |
---|
| 616 | + | 18.20intentionally submitting false information to a federal, state, or local government entity for |
---|
| 617 | + | 18.21the purpose of obtaining a greater compensation or benefit than that to which the person is |
---|
| 618 | + | 18.22legally entitled. Fraud also includes acts which constitute a crime against any program, or |
---|
| 619 | + | 18.23the attempts or plans to commit those crimes, including but not limited to theft in violation |
---|
| 620 | + | 18.24of section 609.52; perjury in violation of section 609.48; and aggravated forgery and forgery |
---|
| 621 | + | 18.25in violation of sections 609.625 and 609.63, and substantially similar federal laws. |
---|
| 622 | + | 18.26 (d) "Individual" means a natural person. |
---|
| 623 | + | 18.27 (e) "Program" means any program funded by a state or federal agency that involves the |
---|
| 624 | + | 18.28transfer or disbursement of public funds or other public resources. |
---|
| 625 | + | 18.29 (f) "Program participant" means any entity or individual that receives, disburses, or has |
---|
| 626 | + | 18.30custody of funds or other resources transferred or disbursed under a program. |
---|
| 627 | + | 18.31 (g) "State agency" means any department or agency of the state as defined in sections |
---|
| 628 | + | 18.3215.01 and 15.012. |
---|
| 629 | + | 18Article 2 Sec. 7. |
---|
| 630 | + | REVISOR SGS/CH 25-0291903/21/25 19.1 Subd. 2.Withholding of payments.(a) Except as otherwise authorized and to the extent |
---|
| 631 | + | 19.2permitted by federal law, the head of any state agency may withhold payments to a program |
---|
| 632 | + | 19.3participant in any program administered by that agency if the agency head determines there |
---|
| 633 | + | 19.4is a credible allegation of fraud under investigation and the program participant is a subject |
---|
| 634 | + | 19.5of the investigation. |
---|
| 635 | + | 19.6 (b) Notwithstanding subdivision 3, the state agency head must send notice of the |
---|
| 636 | + | 19.7withholding of payments to the program participant within five days of taking such action. |
---|
| 637 | + | 19.8The notice must: |
---|
| 638 | + | 19.9 (1) state that payments are being withheld in accordance with this section; |
---|
| 639 | + | 19.10 (2) state the reasons for withholding payments, but need not disclose specific information |
---|
| 640 | + | 19.11concerning an ongoing investigation; |
---|
| 641 | + | 19.12 (3) state that the withholding is for a temporary period and cite the circumstances under |
---|
| 642 | + | 19.13which withholding shall be terminated; and |
---|
| 643 | + | 19.14 (4) inform the program participant of the right to submit written evidence for |
---|
| 644 | + | 19.15consideration by the state agency head. |
---|
| 645 | + | 19.16 (c) The withholding of payments shall not continue after the state agency head determines |
---|
| 646 | + | 19.17there is insufficient evidence of fraud by the program participant, or after legal proceedings |
---|
| 647 | + | 19.18relating to the alleged fraud are completed, unless the state agency head is authorized by |
---|
| 648 | + | 19.19law to take additional action against the program participant and complies with all |
---|
| 649 | + | 19.20requirements in law to take such action. |
---|
| 650 | + | 19.21 (d) The withholding of payments is a temporary action and is not subject to appeal under |
---|
| 651 | + | 19.22chapter 14. |
---|
| 652 | + | 19.23 Subd. 3.Data classification and access.(a) During the payment withholding period |
---|
| 653 | + | 19.24under this section, all data relating to a credible allegation of fraud and withholding of |
---|
| 654 | + | 19.25payments under this section are classified as: (1) confidential data on individuals pursuant |
---|
| 655 | + | 19.26to section 13.02, subdivision 3; or (2) protected nonpublic data pursuant to section 13.02, |
---|
| 656 | + | 19.27subdivision 13, in the case of data not on individuals. The agency head may disclose that |
---|
| 657 | + | 19.28payments are being withheld from a program participant if the agency head determines that |
---|
| 658 | + | 19.29doing so will not compromise an ongoing investigation. |
---|
| 659 | + | 19.30 (b) Except for the identity of a complainant, after a determination has been made under |
---|
| 660 | + | 19.31subdivision 2, paragraph (c), that withholding of payments shall not continue, all data relating |
---|
| 661 | + | 19.32to a credible allegation of fraud and withholding of payments under this section becomes |
---|
| 662 | + | 19Article 2 Sec. 7. |
---|
| 663 | + | REVISOR SGS/CH 25-0291903/21/25 20.1public unless classified otherwise under state or federal law. The identity of a complainant |
---|
| 664 | + | 20.2is private. |
---|
| 665 | + | 20.3 (c) Any state agency may disclose any data classified as confidential or protected |
---|
| 666 | + | 20.4nonpublic under this section to any federal, state, or local government agency, or any law |
---|
| 667 | + | 20.5enforcement agency, if the state agency determines that access will help prevent fraud |
---|
| 668 | + | 20.6against public programs or aid the law enforcement process. |
---|
| 669 | + | 20.7 Sec. 8. Minnesota Statutes 2024, section 16A.28, subdivision 1, is amended to read: |
---|
| 670 | + | 20.8 Subdivision 1.Carryforward.Agencies may carry forward unexpended and |
---|
| 671 | + | 20.9unencumbered nongrant operating balances from the first year of a biennium into the second |
---|
| 672 | + | 20.10year of the biennium one fiscal year into the next fiscal year. |
---|
| 673 | + | 20.11 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 674 | + | 20.12Sec. 9. [16B.851] STATE BUILDING RENEWABLE ENERGY; STORAGE; |
---|
| 675 | + | 20.13ELECTRIC VEHICLE ACCOUNT. |
---|
| 676 | + | 20.14 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have |
---|
| 677 | + | 20.15the meanings given to them. |
---|
| 678 | + | 20.16 (b) "Energy storage" means the predesign, design, acquisition, construction, or installation |
---|
| 679 | + | 20.17of technology which stores and delivers electric or thermal energy. |
---|
| 680 | + | 20.18 (c) "EVSE" means electric vehicle service equipment, including charging equipment |
---|
| 681 | + | 20.19and associated infrastructure and site upgrades. |
---|
| 682 | + | 20.20 (d) "Renewable energy" has the meaning given in section 216B.2422, subdivision 1, |
---|
| 683 | + | 20.21paragraph (c), and the same sources in thermal energy. |
---|
| 684 | + | 20.22 (e) "Renewable energy improvement" means the predesign, design, acquisition, |
---|
| 685 | + | 20.23construction, or installation of a renewable energy production system or energy storage |
---|
| 686 | + | 20.24equipment or system, and associated infrastructure and facilities that is designed to result |
---|
| 687 | + | 20.25in a demand-side net reduction in energy use by the state building's electrical, heating, |
---|
| 688 | + | 20.26ventilating, air-conditioning, or hot water systems. |
---|
| 689 | + | 20.27 (f) "State agency" has the definition given in section 13.02, subdivision 17, or the |
---|
| 690 | + | 20.28designated definition given in section 15.01 and includes the Office of Higher Education, |
---|
| 691 | + | 20.29Housing Finance Agency, Pollution Control Agency, and Bureau of Mediation Services. |
---|
| 692 | + | 20.30State agency includes agencies, boards, commissions, committees, councils, and authorities |
---|
| 693 | + | 20.31as defined in section 15.012. |
---|
| 694 | + | 20Article 2 Sec. 9. |
---|
| 695 | + | REVISOR SGS/CH 25-0291903/21/25 21.1 (g) "State building" means a building or facility owned by the state of Minnesota. |
---|
| 696 | + | 21.2 Subd. 2.Account established.A state building renewable energy, storage, and electric |
---|
| 697 | + | 21.3vehicle account is established in the special revenue fund to provide funds to state agencies |
---|
| 698 | + | 21.4to: |
---|
| 699 | + | 21.5 (1) design, construct, and equip renewable energy improvement and renewable energy |
---|
| 700 | + | 21.6storage projects at state buildings; |
---|
| 701 | + | 21.7 (2) purchase state fleet electric vehicles in accordance with section 16C.135; |
---|
| 702 | + | 21.8 (3) purchase and install EVSE and related infrastructure; and |
---|
| 703 | + | 21.9 (4) carry out management of the program by the commissioner. |
---|
| 704 | + | 21.10 Subd. 3.Account management.The commissioner shall manage and administer the |
---|
| 705 | + | 21.11state building renewable energy, storage, and electronic vehicle account. |
---|
| 706 | + | 21.12 Subd. 4.Accepting funds.(a) The commissioner shall be responsible for making |
---|
| 707 | + | 21.13application to the federal government on behalf of the state of Minnesota for state projects |
---|
| 708 | + | 21.14eligible for elective payments under sections 6417 and 6418 of the Internal Revenue Code, |
---|
| 709 | + | 21.15as added by Public Law 117-169, 136 Statute 1818, the Inflation Reduction Act of 2022. |
---|
| 710 | + | 21.16 (b) The commissioner may apply for, receive, and expend money made available from |
---|
| 711 | + | 21.17federal, state, or other sources for the purposes of carrying out the duties in this section. |
---|
| 712 | + | 21.18 (c) Notwithstanding section 16A.72, all funds received under this subdivision are |
---|
| 713 | + | 21.19deposited into the state building renewable energy, storage, and electric vehicle account |
---|
| 714 | + | 21.20and appropriated to the commissioner for the purposes of subdivision 2 and as permitted |
---|
| 715 | + | 21.21under this section. |
---|
| 716 | + | 21.22 (d) Money in the state building renewable energy, storage, and electric vehicle account |
---|
| 717 | + | 21.23does not cancel and is available until expended. |
---|
| 718 | + | 21.24 Subd. 5.Applications.A state agency applying for state building renewable energy, |
---|
| 719 | + | 21.25storage, EVSE and electric fleet vehicle funds must submit an application to the commissioner |
---|
| 720 | + | 21.26on a form, in the manner, and at the time prescribed by the commissioner. |
---|
| 721 | + | 21.27 Subd. 6.Treatment of certain payments received from federal government.(a) |
---|
| 722 | + | 21.28Federal payments received for eligible renewable energy improvement and storage projects, |
---|
| 723 | + | 21.29and EVSE projects, made with appropriations from general obligation bonds, may be |
---|
| 724 | + | 21.30transferred to the state bond fund, if consistent with federal treasury regulations. |
---|
| 725 | + | 21Article 2 Sec. 9. |
---|
| 726 | + | REVISOR SGS/CH 25-0291903/21/25 22.1 (b) Federal payments received for eligible electric fleet vehicle purchases by the |
---|
| 727 | + | 22.2Department of Administration's fleet division must be transferred to the motor pool revolving |
---|
| 728 | + | 22.3account established in section 16B.54, subdivision 8. |
---|
| 729 | + | 22.4 (c) Federal payments received for eligible electric fleet vehicle purchases made directly |
---|
| 730 | + | 22.5by a state agency shall be transferred to the fund from which the purchase was made. |
---|
| 731 | + | 22.6 (d) When obligated to fulfill financing agreements, federal payments received for eligible |
---|
| 732 | + | 22.7renewable energy improvements shall be transferred to the appropriate agency. |
---|
| 733 | + | 22.8 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 734 | + | 22.9 Sec. 10. Minnesota Statutes 2024, section 151.741, subdivision 5, is amended to read: |
---|
| 735 | + | 22.10 Subd. 5.Insulin repayment account; annual transfer from health care access fund.(a) |
---|
| 736 | + | 22.11The insulin repayment account is established in the special revenue fund in the state treasury. |
---|
| 737 | + | 22.12Money in the account is appropriated each fiscal year to the commissioner of administration |
---|
| 738 | + | 22.13to reimburse manufacturers for insulin dispensed under the insulin safety net program in |
---|
| 739 | + | 22.14section 151.74, in accordance with section 151.74, subdivisions 3, paragraph (h), and 6, |
---|
| 740 | + | 22.15paragraph (h), and to cover costs incurred by the commissioner in providing these |
---|
| 741 | + | 22.16reimbursement payments. |
---|
| 742 | + | 22.17 (b) By June 30, 2025, and each June 30 thereafter, the commissioner of administration |
---|
| 743 | + | 22.18shall certify to the commissioner of management and budget the total amount expended in |
---|
| 744 | + | 22.19the prior fiscal year for: |
---|
| 745 | + | 22.20 (1) reimbursement to manufacturers for insulin dispensed under the insulin safety net |
---|
| 746 | + | 22.21program in section 151.74, in accordance with section 151.74, subdivisions 3, paragraph |
---|
| 747 | + | 22.22(h), and 6, paragraph (h); and |
---|
| 748 | + | 22.23 (2) costs incurred by the commissioner of administration in providing the reimbursement |
---|
| 749 | + | 22.24payments described in clause (1). |
---|
| 750 | + | 22.25 (c) The commissioner of management and budget shall transfer from the health care |
---|
| 751 | + | 22.26access fund to the special revenue fund insulin repayment account, beginning July 1, 2025, |
---|
| 752 | + | 22.27and each July 1 thereafter, an amount equal to the amount to which the commissioner of |
---|
| 753 | + | 22.28administration certified pursuant to paragraph (b). |
---|
| 754 | + | 22.29Sec. 11. Minnesota Statutes 2024, section 352.04, subdivision 2, is amended to read: |
---|
| 755 | + | 22.30 Subd. 2.Employee contributions.(a) The employee contribution to the fund must be |
---|
| 756 | + | 22.31equal to the following percent of salary: |
---|
| 757 | + | 22Article 2 Sec. 11. |
---|
| 758 | + | REVISOR SGS/CH 25-0291903/21/25 5.523.1 from July 1, 2014, to June 30, 2018 |
---|
| 759 | + | 5.7523.2 from July 1, 2018, to June 30, 2019 |
---|
| 760 | + | 623.3 from July 1, 2019, to June 30, 2023 |
---|
| 761 | + | 5.523.4 from July 1, 2023, to June 30, 2025 |
---|
| 762 | + | 6 5.7523.5 after June 30, 2025 from July 1, 2025, to June 30, 2026 |
---|
| 763 | + | 623.6 after June 30, 2026 |
---|
| 764 | + | 23.7 (b) These contributions must be made by deduction from salary as provided in subdivision |
---|
| 765 | + | 23.84. |
---|
| 766 | + | 23.9 (c) Contribution increases under paragraph (a) must be paid starting the first day of the |
---|
| 767 | + | 23.10first full pay period after the effective date of the increase. |
---|
| 768 | + | 23.11Sec. 12. Minnesota Statutes 2024, section 352.92, subdivision 1, is amended to read: |
---|
| 769 | + | 23.12 Subdivision 1.Employee contributions.(a) Employee contributions of covered |
---|
| 770 | + | 23.13correctional employees must be in an amount equal to the following percent of salary: |
---|
| 771 | + | 9.123.14 from July 1, 2014, to June 30, 2018 |
---|
| 772 | + | 9.6 |
---|
| 773 | + | 23.15 after June 30, 2018 from July 1, 2018, to June |
---|
| 774 | + | 23.16 30, 2025 |
---|
| 775 | + | 9.3523.17 from July 1, 2025, to June 30, 2026 |
---|
| 776 | + | 9.623.18 after June 30, 2026 |
---|
| 777 | + | 23.19 (b) These contributions must be made by deduction from salary as provided in section |
---|
| 778 | + | 23.20352.04, subdivision 4. |
---|
| 779 | + | 23.21 (c) Contribution increases under paragraph (a) must be paid starting the first day of the |
---|
| 780 | + | 23.22first full pay period after the effective date of the increase. |
---|
| 781 | + | 23.23Sec. 13. Minnesota Statutes 2024, section 352B.02, subdivision 1a, is amended to read: |
---|
| 782 | + | 23.24 Subd. 1a.Member contributions.(a) The member contribution is the following |
---|
| 783 | + | 23.25percentage of the member's salary: |
---|
| 784 | + | 13.423.26 from July 1, 2014, to June 30, 2016 |
---|
| 785 | + | 14.423.27 from July 1, 2016, to June 30, 2018 |
---|
| 786 | + | 14.923.28 from July 1, 2018, to June 30, 2020 |
---|
| 787 | + | 15.423.29 after June 30, 2020 from July 1, 2020, to June 30, 2025 |
---|
| 788 | + | 15.1523.30 from July 1, 2025, to June 30, 2026 |
---|
| 789 | + | 15.423.31 after June 30, 2026 |
---|
| 790 | + | 23Article 2 Sec. 13. |
---|
| 791 | + | REVISOR SGS/CH 25-0291903/21/25 24.1 (b) These contributions must be made by deduction from salary as provided in section |
---|
| 792 | + | 24.2352.04, subdivision 4. |
---|
| 793 | + | 24.3 (c) Contribution increases under paragraph (a) must be paid starting the first day of the |
---|
| 794 | + | 24.4first full pay period after the effective date of the increase. |
---|
| 795 | + | 24.5 Sec. 14. Minnesota Statutes 2024, section 353.27, subdivision 2, is amended to read: |
---|
| 796 | + | 24.6 Subd. 2.General employees retirement plan; employee contribution.(a) For a basic |
---|
| 797 | + | 24.7member of the general employees retirement plan of the Public Employees Retirement |
---|
| 798 | + | 24.8Association, the employee contribution is 9.10 percent of salary. For a coordinated member |
---|
| 799 | + | 24.9of the general employees retirement plan of the Public Employees Retirement Association, |
---|
| 800 | + | 24.10the employee contribution is the following percentage of salary plus any contribution rate |
---|
| 801 | + | 24.11adjustment under subdivision 3b: |
---|
| 802 | + | 6.2524.12 Effective after December 31, 2010 |
---|
| 803 | + | 6.524.13 Effective January 1, 2015 |
---|
| 804 | + | 6.2524.14 Effective after June 30, 2025 |
---|
| 805 | + | 6.524.15 Effective July 1, 2026 |
---|
| 806 | + | 24.16 (b) These contributions must be made by deduction from salary as defined in section |
---|
| 807 | + | 24.17353.01, subdivision 10, in the manner provided in subdivision 4. If any portion of a member's |
---|
| 808 | + | 24.18salary is paid from other than public funds, the member's employee contribution must be |
---|
| 809 | + | 24.19based on the total salary received by the member from all sources. |
---|
| 810 | + | 24.20Sec. 15. Minnesota Statutes 2024, section 353.65, subdivision 2, is amended to read: |
---|
| 811 | + | 24.21 Subd. 2.Employee contribution.(a) For members other than members who were active |
---|
| 812 | + | 24.22members of the former Minneapolis Firefighters Relief Association on December 29, 2011, |
---|
| 813 | + | 24.23or for members other than members who were active members of the former Minneapolis |
---|
| 814 | + | 24.24Police Relief Association on December 29, 2011, the employee contribution is an amount |
---|
| 815 | + | 24.25equal to the following percentage of the total salary of each member, as follows: |
---|
| 816 | + | 10.8 percent24.26 before January 1, 2019 |
---|
| 817 | + | 11.3 percent24.27 from January 1, 2019, through December 31, 2019 |
---|
| 818 | + | 11.8 percent |
---|
| 819 | + | 24.28 from January 1, 2020, and thereafter through June 30, |
---|
| 820 | + | 24.29 2025 |
---|
| 821 | + | 11.55 percent24.30 from July 1, 2025, through June 30, 2026 |
---|
| 822 | + | 11.8 percent24.31 from July 1, 2026, and thereafter |
---|
| 823 | + | 24.32 (b) For members who were active members of the former Minneapolis Firefighters Relief |
---|
| 824 | + | 24.33Association on December 29, 2011, the employee contribution is an amount equal to eight |
---|
| 825 | + | 24Article 2 Sec. 15. |
---|
| 826 | + | REVISOR SGS/CH 25-0291903/21/25 25.1percent of the monthly unit value under section 353.01, subdivision 10a, multiplied by 80 |
---|
| 827 | + | 25.2and expressed as a biweekly amount for each member. The employee contribution made |
---|
| 828 | + | 25.3by a member with at least 25 years of service credit as an active member of the former |
---|
| 829 | + | 25.4Minneapolis Firefighters Relief Association must be deposited in the postretirement health |
---|
| 830 | + | 25.5care savings account established under section 352.98. |
---|
| 831 | + | 25.6 (c) For members who were active members of the former Minneapolis Police Relief |
---|
| 832 | + | 25.7Association on December 29, 2011, the employee contribution is an amount equal to eight |
---|
| 833 | + | 25.8percent of the monthly unit value under section 353.01, subdivision 10b, multiplied by 80 |
---|
| 834 | + | 25.9and expressed as a biweekly amount for each member. The employee contribution made |
---|
| 835 | + | 25.10by a member with at least 25 years of service credit as an active member of the former |
---|
| 836 | + | 25.11Minneapolis Police Relief Association must be deposited in the postretirement health care |
---|
| 837 | + | 25.12savings account established under section 352.98. |
---|
| 838 | + | 25.13 (d) Contributions under this section must be made by deduction from salary in the manner |
---|
| 839 | + | 25.14provided in subdivision 4. Where any portion of a member's salary is paid from other than |
---|
| 840 | + | 25.15public funds, the member's employee contribution is based on the total salary received from |
---|
| 841 | + | 25.16all sources. |
---|
| 842 | + | 25.17Sec. 16. Minnesota Statutes 2024, section 353E.03, subdivision 1, is amended to read: |
---|
| 843 | + | 25.18 Subdivision 1.Member contributions.A member of the plan shall make an employee |
---|
| 844 | + | 25.19contribution in an amount equal to 6.83 percent of salary until June 30, 2025. Beginning |
---|
| 845 | + | 25.20July 1, 2025, a member of the plan shall make an employee contribution in an amount equal |
---|
| 846 | + | 25.21to 6.58 percent of salary until June 30, 2026. After June 30, 2026, a member of the plan |
---|
| 847 | + | 25.22shall make an employee contribution in an amount equal to 6.83 percent of salary. |
---|
| 848 | + | 25.23Sec. 17. Minnesota Statutes 2024, section 354.42, subdivision 2, is amended to read: |
---|
| 849 | + | 25.24 Subd. 2.Employee contribution.(a) The employee contribution to the fund is the |
---|
| 850 | + | 25.25following percentage of the member's salary: |
---|
| 851 | + | Coordinated ProgramBasic Program25.26 Period |
---|
| 852 | + | 7.5 percent11 percent25.27 from July 1, 2014, through June 30, 2023 |
---|
| 853 | + | 7.75 percent11.25 percent |
---|
| 854 | + | 25.28 from July 1, 2023, through June 30, 2025 |
---|
| 855 | + | 25.29 2026 |
---|
| 856 | + | 8.0 percent11.5 percent25.30 after June 30, 2025 2026 |
---|
| 857 | + | 25.31 (b) When an employee contribution rate changes for a fiscal year, the new contribution |
---|
| 858 | + | 25.32rate is effective for the entire salary paid for each employer unit with the first payroll cycle |
---|
| 859 | + | 25.33reported. |
---|
| 860 | + | 25Article 2 Sec. 17. |
---|
| 861 | + | REVISOR SGS/CH 25-0291903/21/25 26.1 (c) This contribution must be made by deduction from salary. Where any portion of a |
---|
| 862 | + | 26.2member's salary is paid from other than public funds, the member's employee contribution |
---|
| 863 | + | 26.3must be based on the entire salary received. |
---|
| 864 | + | 26.4 Sec. 18. Minnesota Statutes 2024, section 354A.12, subdivision 1, is amended to read: |
---|
| 865 | + | 26.5 Subdivision 1.Employee contributions.(a) The contribution required to be paid by |
---|
| 866 | + | 26.6each member is the percentage of total salary specified below for the applicable program: |
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| 867 | + | Percentage of Total Salary26.7 Program |
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| 868 | + | 1026.8 basic program after June 30, 2016, through June 30, 2023 |
---|
| 869 | + | 10.2526.9 basic program after June 30, 2023, through June 30, 2024 |
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| 870 | + | 1026.10basic program after June 30, 2024, through June 30, 2025 |
---|
| 871 | + | 11.25 1126.11basic program after June 30, 2025, through June 30, 2026 |
---|
| 872 | + | 11.526.12basic program after June 30, 2026 |
---|
| 873 | + | 7.5 |
---|
| 874 | + | 26.13coordinated program after June 30, 2016, through June 30, |
---|
| 875 | + | 26.142023 |
---|
| 876 | + | 7.75 |
---|
| 877 | + | 26.15coordinated program after June 30, 2023, through June 30, |
---|
| 878 | + | 26.162024 |
---|
| 879 | + | 7.5 |
---|
| 880 | + | 26.17coordinated program after June 30, 2024, through June 30, |
---|
| 881 | + | 26.182025 |
---|
| 882 | + | 8.75 8.5 |
---|
| 883 | + | 26.19coordinated program after June 30, 2025, through June 30, |
---|
| 884 | + | 26.202026 |
---|
| 885 | + | 926.21coordinated program after June 30, 2026 |
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| 886 | + | 26.22 (b) Contributions must be made by deduction from salary and must be remitted directly |
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| 887 | + | 26.23to the association at least once each month. |
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| 888 | + | 26.24 (c) When an employee contribution rate changes for a fiscal year, the new contribution |
---|
| 889 | + | 26.25rate is effective for the entire salary paid by the employer with the first payroll cycle reported. |
---|
| 890 | + | 26.26Sec. 19. Minnesota Statutes 2024, section 490.123, subdivision 1a, is amended to read: |
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| 891 | + | 26.27 Subd. 1a.Member contribution rates.(a) A judge in the tier I program whose service |
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| 892 | + | 26.28does not exceed the service credit limit in section 490.121, subdivision 22, shall contribute |
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| 893 | + | 26.29to the fund from each salary payment a sum equal to 9.00 percent of salary, except from |
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| 894 | + | 26.30July 1, 2025, until June 30, 2026, when every member of the legislature shall contribute |
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| 895 | + | 26.318.75 percent of total salary. |
---|
| 896 | + | 26.32 (b) A judge in the tier II program shall contribute to the fund from each salary payment |
---|
| 897 | + | 26.33a sum equal to 7.00 percent of salary, except from July 1, 2025, until June 30, 2026, when |
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| 898 | + | 26.34every member of the legislature shall contribute 6.75 percent of total salary. |
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| 899 | + | 26Article 2 Sec. 19. |
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| 900 | + | REVISOR SGS/CH 25-0291903/21/25 27.1 (c) Contributions under this subdivision are payable by salary deduction. The deduction |
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| 901 | + | 27.2must be made by the state court administrator under section 352.04, subdivisions 4, 5, and |
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| 902 | + | 27.38. |
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| 903 | + | 27.4 Sec. 20. Laws 2023, chapter 62, article 1, section 13, is amended to read: |
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| 904 | + | 58,057,000 |
---|
| 905 | + | 56,357,000$55,356,000$ |
---|
| 906 | + | 27.5Sec. 13. MINNESOTA MANAGEMENT AND |
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| 907 | + | 27.6BUDGET |
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| 908 | + | 27.7The base for this appropriation is $47,831,000 |
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| 909 | + | 27.8in fiscal year 2026 and each fiscal year |
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| 910 | + | 27.9thereafter. |
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| 911 | + | 27.10(a) $13,489,000 the first year and $14,490,000 |
---|
| 912 | + | 27.11the second year are to stabilize and secure the |
---|
| 913 | + | 27.12state's enterprise resource planning systems. |
---|
| 914 | + | 27.13This amount is available until June 30, 2027. |
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| 915 | + | 27.14The base for this appropriation is $6,470,000 |
---|
| 916 | + | 27.15in fiscal year 2026 and each fiscal year |
---|
| 917 | + | 27.16thereafter. |
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| 918 | + | 27.17(b) $1,000,000 each year is for administration |
---|
| 919 | + | 27.18and staffing of the Children's Cabinet |
---|
| 920 | + | 27.19established in Minnesota Statutes, section |
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| 921 | + | 27.204.045. |
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| 922 | + | 27.21(c) $317,000 each year is to increase the |
---|
| 923 | + | 27.22agency's capacity to proactively raise |
---|
| 924 | + | 27.23awareness about the capital budget process |
---|
| 925 | + | 27.24and provide technical assistance around the |
---|
| 926 | + | 27.25requirements associated with the capital |
---|
| 927 | + | 27.26budget process and receiving general fund or |
---|
| 928 | + | 27.27general obligation bond funding for capital |
---|
| 929 | + | 27.28projects, including compliance requirements |
---|
| 930 | + | 27.29that must be met at various stages of capital |
---|
| 931 | + | 27.30project development, with particular focus on |
---|
| 932 | + | 27.31nonprofits, American Indian communities, and |
---|
| 933 | + | 27.32communities of color that have traditionally |
---|
| 934 | + | 27.33not participated in the state capital budget |
---|
| 935 | + | 27.34process. This appropriation may also be used |
---|
| 936 | + | 27Article 2 Sec. 20. |
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| 937 | + | REVISOR SGS/CH 25-0291903/21/25 28.1to increase the agency's capacity to coordinate |
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| 938 | + | 28.2with other state agencies regarding the |
---|
| 939 | + | 28.3administration of grant agreements, programs, |
---|
| 940 | + | 28.4and technical assistance related to capital |
---|
| 941 | + | 28.5projects governed by the provisions of |
---|
| 942 | + | 28.6Minnesota Statutes, chapter 16A, and other |
---|
| 943 | + | 28.7applicable laws and statutes. |
---|
| 944 | + | 28.8(d) $2,500,000 each in fiscal year is 2024 and |
---|
| 945 | + | 28.9$800,000 in fiscal year 2025 are for |
---|
| 946 | + | 28.10interagency collaboration to develop data |
---|
| 947 | + | 28.11collection standards for race, ethnicity, gender |
---|
| 948 | + | 28.12identity, and disability status and to develop |
---|
| 949 | + | 28.13a roadmap and timeline for implementation |
---|
| 950 | + | 28.14of the data standards across state government. |
---|
| 951 | + | 28.15These funds may be transferred to other |
---|
| 952 | + | 28.16agencies to support this work and may be used |
---|
| 953 | + | 28.17to update computer systems to accommodate |
---|
| 954 | + | 28.18revised data collection standards. This is a |
---|
| 955 | + | 28.19onetime appropriation and is available until |
---|
| 956 | + | 28.20June 30, 2027. |
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| 957 | + | 28.21(e) $102,000 the first year and $60,000 the |
---|
| 958 | + | 28.22second year are for the report required under |
---|
| 959 | + | 28.23Minnesota Statutes, section 43A.15, |
---|
| 960 | + | 28.24subdivision 14a, and for training and content |
---|
| 961 | + | 28.25development relating to ADA Title II, |
---|
| 962 | + | 28.26affirmative action, equal employment |
---|
| 963 | + | 28.27opportunity, digital accessibility, inclusion, |
---|
| 964 | + | 28.28disability awareness, and cultural competence. |
---|
| 965 | + | 28.29Sec. 21. Laws 2024, chapter 127, article 67, section 6, is amended to read: |
---|
| 966 | + | 28.30Sec. 6. COMMISSIONER OF MANAGEMENT |
---|
| 967 | + | 28.31AND BUDGET |
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| 968 | + | 28.32 Appropriations by Fund |
---|
| 969 | + | 202528.33 2024 |
---|
| 970 | + | 28Article 2 Sec. 21. |
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| 971 | + | REVISOR SGS/CH 25-0291903/21/25 (232,000)-0-29.1General |
---|
| 972 | + | 100,000-0-29.2Health Care Access |
---|
| 973 | + | 29.3(a) Insulin safety net program. $100,000 in |
---|
| 974 | + | 29.4fiscal year 2025 is from the health care access |
---|
| 975 | + | 29.5fund for the insulin safety net program in |
---|
| 976 | + | 29.6Minnesota Statutes, section 151.74. |
---|
| 977 | + | 29.7(b) Transfer. The commissioner must transfer |
---|
| 978 | + | 29.8from the health care access fund to the insulin |
---|
| 979 | + | 29.9safety net program repayment account in the |
---|
| 980 | + | 29.10special revenue fund the amount certified by |
---|
| 981 | + | 29.11the commissioner of administration under |
---|
| 982 | + | 29.12Minnesota Statutes, section 151.741, |
---|
| 983 | + | 29.13subdivision 5, paragraph (b), estimated to be |
---|
| 984 | + | 29.14$100,000 in fiscal year 2025, for |
---|
| 985 | + | 29.15reimbursement to manufacturers for insulin |
---|
| 986 | + | 29.16dispensed under the insulin safety net program |
---|
| 987 | + | 29.17in Minnesota Statutes, section 151.74. The |
---|
| 988 | + | 29.18base for this transfer is estimated to be |
---|
| 989 | + | 29.19$100,000 in fiscal year 2026 and $100,000 in |
---|
| 990 | + | 29.20fiscal year 2027. |
---|
| 991 | + | 29.21(c) Base Level Adjustment. The health care |
---|
| 992 | + | 29.22access fund base is increased by $100,000 in |
---|
| 993 | + | 29.23fiscal year 2026 and increased by $100,000 in |
---|
| 994 | + | 29.24fiscal year 2027. |
---|
| 995 | + | 29.25Sec. 22. REPEALER. |
---|
| 996 | + | 29.26 Minnesota Statutes 2024, section 16A.287, is repealed. |
---|
| 997 | + | 29Article 2 Sec. 22. |
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| 998 | + | REVISOR SGS/CH 25-0291903/21/25 Page.Ln 1.15STATE GOVERNMENT APPROPRIATIONS.....................................ARTICLE 1 |
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| 999 | + | Page.Ln 13.11STATE GOVERNMENT POLICY........................................................ARTICLE 2 |
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