STATE OF
MINNESOTA
NINETY-FIRST
SESSION - 2019
_____________________
TWENTY-FOURTH
DAY
Saint Paul, Minnesota, Wednesday, March 20, 2019
The House of Representatives convened at
12:00 noon and was called to order by Melissa Hortman, Speaker of the House.
Prayer was offered by the Reverend Hans
Jorgensen, St. Timothy Lutheran Church, St. Paul, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Daniels
Daudt
Davids
Davnie
Dehn
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Fabian
Fischer
Franson
Freiberg
Garofalo
Gomez
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hornstein
Howard
Huot
Johnson
Jurgens
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Lucero
Lueck
Mahoney
Mann
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Morrison
Munson
Murphy
Nelson
Noor
Nornes
O'Driscoll
Olson
O'Neill
Pelowski
Persell
Petersburg
Pierson
Pinto
Poppe
Poston
Pryor
Quam
Richardson
Robbins
Runbeck
Sandell
Sandstede
Sauke
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Tabke
Torkelson
Urdahl
Vang
Vogel
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Zerwas
Spk. Hortman
A quorum was present.
Green, Grossell, Moran, Nash, Neu, Theis
and West were excused.
Lesch was excused until 12:50 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
PETITIONS
AND COMMUNICATIONS
The following communication was received:
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Melissa Hortman
Speaker of the House of
Representatives
The Honorable Jeremy R. Miller
President of the Senate
I have the honor to inform you that the
following enrolled Act of the 2019 Session of the State Legislature has been
received from the Office of the Governor and is deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution, Article
IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2019 |
Date Filed 2019 |
2225 4 1:16
p.m. March 18 March 18
Sincerely,
Steve
Simon
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 85, A bill for an act relating to health; requiring the Emergency Medical Services Regulatory Board to propose guidelines authorizing patient-assisted medication administration in emergencies.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 286, A bill for an act relating to railroads; requiring a minimum crew size for certain rail carriers; imposing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 219.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 495, A bill for an act relating to housing; amending requirements for residential leases; amending Minnesota Statutes 2018, sections 504B.111; 504B.206, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 504B.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 682, A bill for an act relating to public safety; transferring money to the disaster contingency account.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 785, A bill for an act relating to health-related licensing boards; creating emeritus dental licensure; clarifying general practice residency requirements; making technical changes; amending Minnesota Statutes 2018, sections 150A.06, subdivision 3, by adding subdivisions; 150A.091, by adding subdivisions.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1041, A bill for an act relating to health insurance; requiring coverage for treatments related to ectodermal dysplasias; amending Minnesota Statutes 2018, sections 62A.25, subdivision 2; 62A.28, subdivision 2; 256B.0625, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 62A.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1049, A bill for an act relating to human services; establishing a mobile food shelf grant program; appropriating money.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 1065, A bill for an act relating to legislative enactments; making miscellaneous technical corrections to laws and statutes; correcting erroneous, obsolete, and omitted text and references; removing redundant, conflicting, and superseded provisions; amending Minnesota Statutes 2018, sections 5.001, subdivision 1a; 10A.022, subdivision 3b; 10A.08, subdivision 3; 10A.173; 10A.177; 13.7191, subdivision 19; 13.7905, by adding a subdivision; 15B.36, subdivision 8; 16A.28, subdivision 3; 16D.11, subdivision 3; 16E.03, subdivisions 9, 10; 28A.08, subdivision 3; 28A.151, subdivision 5; 47.58, subdivision 7; 60A.11, subdivision 10; 62D.02, subdivision 12; 79.251, subdivision 2a; 84D.11, subdivision 1; 84D.14; 97A.055, subdivision 2; 97B.621, subdivision 2; 97C.505, subdivision 2; 103B.201; 103B.255, subdivision 3; 103C.321, subdivision 2; 103C.625; 103D.641; 103E.202, subdivision 2; 103H.151, subdivision 4; 122A.31, subdivision 2; 123B.42, subdivision 3; 126C.48, subdivision 8; 127A.49, subdivisions 2, 3; 136A.1276, subdivision 1; 144.441, subdivision 1; 144.55, subdivision 2; 144A.04, subdivision 7; 144A.073, subdivision 1; 145.365, subdivision 4; 146A.09, subdivision 7; 146B.02, subdivision 8; 147.111, subdivision 10; 147E.01, subdivision 3; 148.6402, subdivisions 14, 16; 148.6420, subdivision 1; 148.6443, subdivision 2; 148.6448, subdivision 1; 148.7802, subdivision 3; 148F.11, subdivision 1; 150A.25, subdivision 1; 151.21, subdivision 8; 155A.30, subdivision 12; 168.33, subdivision 8a; 169.81, subdivision 3; 169.86, subdivision 5; 171.05, subdivision 2a; 176.102, subdivision 2; 214.072; 214.073; 245A.065; 245A.07, subdivision 3; 245A.22, subdivision 4; 245D.22, subdivision 2; 252A.01, subdivision 1; 253D.27, subdivision 3; 254B.04, subdivision 1; 254B.05, subdivision 5; 254B.13, subdivision 2a; 256B.0659, subdivision 11; 256B.0755, subdivision 4; 256B.15, subdivision 1k; 256B.49, subdivision 26; 256B.4914, subdivisions 3, 5, 6, 7, 8, 9; 256D.051, subdivision 6b; 256I.01; 256J.95, subdivision 17; 256N.02, subdivision 10; 256N.23, subdivision 11; 256N.26, subdivisions 4, 8, 9; 260.011, subdivision 1; 260B.198, subdivision 1; 260C.139, subdivisions 1, 3; 270B.12, subdivision 7; 289A.18, subdivision 2a; 290.06, subdivision 2h; 290.0674, subdivision 1; 290.0677, subdivision 1; 290.0684, subdivision 1; 290A.03, subdivisions 8, 12; 290A.19; 297A.68, subdivision 9; 297F.08, subdivision 8; 298.296, subdivision 2; 299L.09, subdivision 1; 309.515, subdivision 1; 319B.02, subdivision 3; 321.1116, subdivision 2; 326B.986, subdivision 8; 349.12, subdivision 25; 352.22, subdivision 8; 352D.02, subdivision 3; 352D.04, subdivision 2; 353.37; 353.6511, subdivision 7; 353.6512, subdivision 7; 353G.01, subdivision 8b; 354.46, subdivision 6; 354.50, subdivision 4; 354A.35, subdivision 2; 354B.20, subdivision 10; 356.65, subdivision 2; 360.0752, subdivision 5; 383D.41, subdivision 11; 473.4052, subdivision 2; 473.517, subdivision 3; 475.55, subdivision 7; 501C.0105; 576.25, subdivision 5; 604A.11, subdivision 1; 626.556, subdivisions 2, 3e; 626.557, subdivision 4; Laws 2018, chapter 214, article 1, sections 16, subdivision 7; 17, subdivision 7; 22, subdivision 4; 26, subdivision 1; article 3, sections 7, subdivision 1; 11; 13; 14; 15; repealing Minnesota Statutes 2018, sections 13.411, subdivision 2; 116J.8737, subdivision 10; 127A.05, subdivision 6; 148.6402, subdivisions 11, 12, 17, 24, 26; 148E.0555; 148E.0556; 148E.0557; 161.36, subdivision 7; 174.37; 609B.105; Laws 2018, chapter 211, article 11, section 16; Laws 2018, chapter 214, article 3, sections 7, subdivision 2; 8, subdivision 2; 9, subdivision 2; 10, subdivision 2; Minnesota Rules, part 2782.0100.
Reported the same back with the following amendments:
Page 114, delete article 3
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1378, A bill for an act relating to health care; requiring health maintenance organizations to be nonprofit corporations; amending Minnesota Statutes 2018, sections 62D.02, subdivision 4; 62D.03, subdivision 1; 62D.05, subdivision 1; 62D.06, subdivision 1; 62D.12, by adding a subdivision; 62D.19; 62E.02, subdivision 3.
Reported the same back with the following amendments:
Page 3, line 3, after "the" insert "nonprofit"
Page 3, line 5, after "No" insert "nonprofit"
Page 3, line 7, after "that" insert "nonprofit"
Page 3, line 10, after "any" insert "nonprofit"
Page 3, line 19, after "of" insert "nonprofit"
Page 4, line 2, after "to" insert "4 and"
Page 4, line 3, delete "this act" and insert "those sections" and after "for" insert "small businesses, seniors, or"
Page 4, lines 4 and 5, after "for" insert "small businesses, seniors, or"
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1386, A bill for an act relating to natural resources; modifying collector snowmobile registration requirements; amending Minnesota Statutes 2018, section 84.82, subdivision 7a.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1388, A bill for an act relating to health care; modifying coverage under the AIDS drug assistance program; amending Minnesota Statutes 2018, section 256.9365.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1403, A bill for an act relating to wildlife; prohibiting trade in ivory and rhinoceros horn; authorizing rulemaking; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 84.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [84.0896]
TRADE IN PROHIBITED ANIMAL PARTS PROHIBITED.
Subdivision 1. Definitions. (a) The definitions in this
subdivision apply to this section.
(b) "Antique" means an item
that:
(1) contains no more than 200 grams of
prohibited animal part as a fixed component of an item that is not made wholly
or partially from a prohibited animal part; and
(2) is documented to be at least 100
years old.
(c) "Prohibited animal part"
means any of the following:
(1) a tooth or tusk from any species of
elephant, hippopotamus, mammoth, mastodon, walrus, whale, or narwhal, or any
piece thereof, whether raw or worked;
(2) a product containing any of the
materials described in clause (1);
(3) a horn; piece of horn; or derivative
of a horn, such as a powder, of any species of rhinoceros; and
(4) a product containing any of the
materials described in clause (3).
(d) "Sell" or "sale"
means an exchange for consideration and includes barter and possession with
intent to sell. The term does not
include a transfer of ownership by gift, donation, or bequest.
Subd. 2. Prohibition. A person shall not purchase or sell
any item that the person knows or should know is a prohibited animal part.
Subd. 3. Exceptions. (a) Subdivision 2 does not prohibit
the sale or purchase of a prohibited animal part if the sale or purchase is:
(1) undertaken as part of law
enforcement activities;
(2) expressly authorized by federal law;
(3) of an antique;
(4) of a musical instrument containing a
lawfully acquired fixed component made of no more than 200 grams of prohibited
animal part; or
(5) of a prohibited animal part by a
bona fide educational or scientific institution that is a nonprofit
corporation, as defined in section 501(c)(3) of the Internal Revenue Code.
(b) Subdivision 2 does not prohibit
possession of a cultural artifact containing a prohibited animal part.
Subd. 4. Disposition
of seized prohibited animal parts. Notwithstanding
any other provision of law, a prohibited animal part seized under this section
must, upon a conviction, be forfeited to the state and either destroyed or
given to a nonprofit corporation, as defined in section 501(c)(3) of the
Internal Revenue Code, for an educational or scientific purpose.
EFFECTIVE DATE. This section is effective January 1, 2020, and
applies to crimes committed on or after that date.
Sec. 2. OUTREACH
AND EDUCATION.
The commissioner of natural resources, in coordination with interested organizations, must provide outreach and education to communities concerned about cultural artifacts about the new requirements established under Minnesota Statutes, section 84.0896."
Delete the title and insert:
"A bill for an act relating to wildlife; prohibiting trade in certain animal parts; proposing coding for new law in Minnesota Statutes, chapter 84."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1408, A bill for an act relating to public safety; authorizing peace officers to issue citations based on report from work zone flagger; prohibiting wireless communications device use in work zones; providing penalties; amending Minnesota Statutes 2018, sections 169.06, subdivision 4a; 169.475, subdivision 3.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 169.06, subdivision 4a, is amended to read:
Subd. 4a. Obedience
to work zone flagger; violation, penalty.
(a) A flagger in a work zone may stop vehicles and, hold
vehicles in place until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
been stopped by a flagger in a work zone may proceed after stopping only on
instruction by the flagger or a police officer, and direct vehicles to
proceed when it is safe. A driver who
does not comply with an instruction made by a flagger in a work zone under this
paragraph is guilty of a petty misdemeanor and must pay a fine of $300 in
addition to the surcharge under section 357.021, subdivision 6.
(b) A person convicted of operating a motor vehicle in violation of a speed limit in a work zone, or any other provision of this section while in a work zone, shall be required to pay a fine of $300. This fine is in addition to the surcharge under section 357.021, subdivision 6.
(c) If a motor vehicle is operated in
violation of paragraph (a), the owner of the vehicle, or for a leased motor
vehicle the lessee of the vehicle, is guilty of a petty misdemeanor and is
subject to a fine as provided in paragraph (b) (a). The owner or lessee may not be fined under
this paragraph if (1) another person is convicted for that violation, or (2)
the motor vehicle was stolen at the time of the violation. This paragraph does not apply to a lessor of
a motor vehicle if the lessor keeps a record of the name and address of the
lessee.
(d)
Paragraph (c) does not prohibit or limit the prosecution of a motor vehicle
operator for violating paragraph (a).
(e) A violation under paragraph (c) does not constitute grounds for revocation or suspension of a driver's license.
(f) A peace officer may issue a
citation to the operator of a motor vehicle if the peace officer has probable
cause to believe that the person has operated the vehicle in violation of
paragraph (a). In addition to other
evidentiary elements or factors, a peace officer has probable cause under this
subdivision if:
(1) a qualified work zone flagger has
provided a report of a violation of paragraph (a) that includes a description
and the license plate number of the vehicle used to commit the offense, and the
time of the incident;
(2) the person is operating the vehicle
described in the report; and
(3) it is within the four-hour period
following the time of the incident, as specified in the report.
(g) A work zone flagger is qualified to
provide a report under paragraph (f) if each flagger involved in the reporting
has completed training that includes information on flagging operations,
equipment, traffic laws, observation and accurate identification of motor
vehicles, and delegation of duties involving a report under paragraph (f).
EFFECTIVE DATE. This section is effective August 1, 2019, and applies to violations that occur on or after that date."
Delete the title and insert:
"A bill for an act relating to public safety; authorizing peace officers to issue citations based on report from work zone flagger; providing penalties; amending Minnesota Statutes 2018, section 169.06, subdivision 4a."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Poppe from the Agriculture and Food Finance and Policy Division to which was referred:
H. F. No. 1546, A bill for an act relating to agriculture; modifying eligibility for beginning farmer tax credits; allocating tax credits to beginning farmers belonging to a protected group; amending Minnesota Statutes 2018, section 41B.0391, subdivisions 1, 4.
Reported the same back with the following amendments:
Page 4, line 12, delete "30" and insert "15"
With the recommendation that when so amended the bill be re-referred to the Committee on Taxes.
The
report was adopted.
Halverson from the Committee on Commerce to which was referred:
H. F. No. 1571, A bill for an act relating to housing; modifying the procedures for closing or modifying the use of manufactured home parks; amending Minnesota Statutes 2018, sections 327C.01, by adding a subdivision; 327C.095, subdivisions 6, 7, 9, 11; repealing Minnesota Statutes 2018, section 327C.095, subdivision 8.
Reported the same back with the following amendments:
Page 1, line 12, delete "adult tenant or"
Page 1, line 13, delete "504B.001, subdivision 12," and insert "327C.01, subdivision 9,"
Page 1, line 14, delete the first "tenant" and insert "resident" and delete "the tenant is" and insert "they are" and delete "or"
Page 1, line 15, delete "tenant" and before the period, insert "and shall be exclusive to only one representative acting on behalf of residents"
Page 1, line 17, before "Before" insert "(a)"
Page 2, after line 25, insert:
"(b) A representative acting on
behalf of residents must obtain a bond for ten percent of the offer price upon
gaining the required number of signatures to represent the residents in the
purchase of a manufactured home park and must maintain the bond for six months. If the representative acting on behalf of the
residents is unable to complete the purchase, and the original purchaser withdraws
their offer during the 45-day period in paragraph (a), and the manufactured
home park is sold to another purchaser for a lower price within six months of
the notice to residents in paragraph (a), then the park owner will be
compensated from the bond for the difference between the offer made by the
original purchaser and the actual lower purchase price.
(c) In the event of a sale to a representative acting on behalf of residents, the representative must certify to the commissioner of commerce that the property will be preserved as a manufactured home park for ten years from the date of the sale."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Freiberg from the Committee on Government Operations to which was referred:
H. F. No. 1603, A bill for an act relating to elections; authorizing mail balloting in any town or any city with fewer than 400 registered voters; amending Minnesota Statutes 2018, section 204B.45, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
ELECTIONS AND VOTING RIGHTS
Section 1. Minnesota Statutes 2018, section 13.607, is amended by adding a subdivision to read:
Subd. 9. Data
derived from driver's license applications.
Data on an application for a driver's license, a Minnesota
identification card, or a learner's permit transferred to the secretary of
state that are provided by a person whom the secretary of state determines is
not eligible to vote are governed by section 201.161.
Sec. 2. Minnesota Statutes 2018, section 123B.09, subdivision 5b, is amended to read:
Subd. 5b. Appointments
to fill vacancies; special elections. (a)
Any vacancy on the board, other than a vacancy described in subdivision 4, must
be filled by board appointment at a regular or special meeting. The appointment shall be evidenced by a
resolution entered in the minutes and shall be effective 30 days following
adoption of the resolution, subject to paragraph (b). If the appointment becomes effective, it
shall continue until an election is held under this subdivision. All elections to fill vacancies shall be for
the unexpired term. A special election
to fill the vacancy must be held no later than the first Tuesday after the
first Monday in November following the vacancy.
If the vacancy occurs less than 90 days prior to the first Tuesday after
the first Monday in November in the year in which the vacancy occurs, the
special election must be held no later than the first Tuesday after the first
Monday in November of the following calendar year. If the vacancy occurs less than 90 days prior
to the first Tuesday after the first Monday in November in the third year of
the term, no special election is required.
If the vacancy is filled by a special election, the person elected at
that election for the ensuing term shall take office immediately after
receiving the certificate of election, filing the bond, and taking the oath of
office the appointee shall serve for the remainder of the unexpired term.
(b) An appointment made under paragraph (a) shall not be effective if a petition to reject the appointee is filed with the school district clerk. To be valid, a petition to reject an appointee must be signed by a number of eligible voters residing in the district equal to at least five percent of the total number of voters voting in the district at the most recent state general election, and must be filed within 30 days of the board's adoption of the resolution making the appointment. If a valid petition is filed according to the requirements of this paragraph, the appointment by the school board is ineffective and the board must name a new appointee as provided in paragraph (a).
EFFECTIVE DATE. This section is effective August 1, 2019, and
applies to vacancies created on or after that date.
Sec. 3. Minnesota Statutes 2018, section 174.24, is amended by adding a subdivision to read:
Subd. 7a. Transit
service on election day. An
eligible recipient of operating assistance under this section who contracts or
has contracted to provide fixed route public transit shall provide fixed route
public transit service free of charge on a day a state general election is
held.
EFFECTIVE
DATE. This section is effective
July 1, 2020.
Sec. 4. Minnesota Statutes 2018, section 201.014, is amended by adding a subdivision to read:
Subd. 2a. Felony conviction; restoration of civil right to vote. An individual convicted of a felony has the civil right to vote restored when the individual completes any incarceration imposed and executed by the court for the offense or upon sentencing if no incarceration is imposed. If the individual is later incarcerated for the same offense, the individual's civil right to vote is lost only during the period of incarceration.
Sec. 5. Minnesota Statutes 2018, section 201.022, subdivision 1, is amended to read:
Subdivision 1. Establishment. The secretary of state shall maintain a statewide voter registration system to facilitate voter registration and to provide a central database containing voter registration information from around the state. The system must be accessible to the county auditor of each county in the state. The system must also:
(1) provide for voters to submit their voter registration applications to any county auditor, the secretary of state, or the Department of Public Safety;
(2) provide for the definition, establishment, and maintenance of a central database for all voter registration information;
(3) provide for entering data into the statewide registration system;
(4) provide for electronic transfer of completed voter registration applications from the Department of Public Safety to the secretary of state or the county auditor;
(5) assign a unique identifier to each legally registered voter in the state;
(6) provide for the acceptance of the Minnesota driver's license number, Minnesota state identification number, and last four digits of the Social Security number for each voter record;
(7) coordinate with other agency databases within the state;
(8) allow county auditors and the secretary of state to add or modify information in the system to provide for accurate and up-to-date records;
(9) allow county auditors, municipal and school district clerks, and the secretary of state to have electronic access to the statewide registration system for review and search capabilities;
(10) provide security and protection of all information in the statewide registration system and ensure that unauthorized access is not allowed;
(11) provide access to municipal clerks to use the system;
(12) provide a system for each county to identify the precinct to which a voter should be assigned for voting purposes;
(13) provide daily reports accessible by
county auditors on the driver's license numbers, state identification numbers,
or last four digits of the Social Security numbers submitted on voter
registration applications that have been verified as accurate by the secretary
of state; and
(14) provide reports on the number of
absentee ballots transmitted to and returned and cast by voters under section
203B.16.; and
(15) provide reports necessary for
early voting.
The appropriate state or local official shall provide security measures to prevent unauthorized access to the computerized list established under section 201.021.
Sec. 6. Minnesota Statutes 2018, section 201.071, subdivision 1, is amended to read:
Subdivision 1. Form. Both paper and electronic voter registration applications must contain the same information unless otherwise provided by law. A voter registration application must contain spaces for the following required information: voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number, if provided by the voter; date of registration; current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification, the last four digits of the voter's Social Security number; and voter's signature. The paper registration application may include the voter's email address, if provided by the voter. The electronic voter registration application must include the voter's email address. The registration application may include the voter's interest in serving as an election judge, if indicated by the voter. The application must also contain the following certification of voter eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately preceding election day;
(4) maintain residence at the address given on the registration form;
(5) am not under court-ordered guardianship in which the court order revokes my right to vote;
(6) have not been found by a court to be legally incompetent to vote;
(7) have the right to vote because, if
I have been convicted of a felony, my felony sentence has expired (been
completed) or I have been discharged from my sentence am not currently
incarcerated for a felony offense; and
(8) have read and understand the following statement: that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."
The certification must include boxes for the voter to respond to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election day?"
And the instruction:
"If you checked 'no' to either of these questions, do not complete this form."
The form of the voter registration application and the certification of voter eligibility must be as provided in this subdivision and approved by the secretary of state. Voter registration forms authorized by the National Voter Registration Act must also be accepted as valid. The federal postcard application form must also be accepted as valid if it is not deficient and the voter is eligible to register in Minnesota.
An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.
Sec. 7. Minnesota Statutes 2018, section 201.091, subdivision 4, is amended to read:
Subd. 4. Public
information lists. The county
auditor shall make available for inspection a public information list which
must contain the name, address, year of birth, and voting history of each
registered voter in the county. The
list must include the party choice of any voter who voted in the most recent
presidential nomination primary. The
telephone number must be included on the list if provided by the voter. The public information list may also include
information on voting districts. The
county auditor may adopt reasonable rules governing access to the list. No individual inspecting the public
information list shall tamper with or alter it in any manner. No individual who inspects the public
information list or who acquires a list of registered voters prepared from the
public information list may use any information contained in the list for
purposes unrelated to elections, political activities, or law enforcement. The secretary of state may provide copies of
the public information lists and other information from the statewide
registration system for uses related to elections, political activities, or in
response to a law enforcement inquiry from a public official concerning a
failure to comply with any criminal statute or any state or local tax statute.
Before inspecting the public information list or obtaining a list of voters or other information from the list, the individual shall provide identification to the public official having custody of the public information list and shall state in writing that any information obtained from the list will not be used for purposes unrelated to elections, political activities, or law enforcement. Requests to examine or obtain information from the public information lists or the statewide registration system must be made and processed in the manner provided in the rules of the secretary of state.
Upon receipt of a statement signed by the voter that withholding the voter's name from the public information list is required for the safety of the voter or the voter's family, the secretary of state and county auditor must withhold from the public information list the name of a registered voter.
Sec. 8. Minnesota Statutes 2018, section 201.161, is amended to read:
201.161
AUTOMATIC REGISTRATION OF DRIVER'S LICENSE, INSTRUCTION PERMIT, AND
IDENTIFICATION CARD APPLICATIONS APPLICANTS.
Subdivision 1. Automatic
registration. An individual
who properly completes an application for a new or renewed Minnesota driver's
license, instruction permit, or identification card, and who is eligible to
vote under section 201.014, must be registered to vote as provided in this
section, unless the applicant declines to be registered.
Subd. 2. Applications. The Department commissioner
of public safety, in consultation with the secretary of state, shall
change its the applications for an original, duplicate, or change
of address driver's license, instruction permit, or identification card
so that the forms may also serve as voter registration applications. The forms must contain spaces for all
information collected by voter registration applications prescribed by the
secretary of state. Applicants for
driver's licenses or identification cards must be asked if they want to
register to vote at the same time and that and a box for the applicant
to decline to be registered to vote. The
form must clearly state that it is a felony for a person who is not eligible to
vote to register to vote or cast a ballot.
Unless the applicant has declined to be registered to vote or has
provided an address other than the applicant's address of residence under
section 171.12, subdivision 7, paragraph (d), the commissioner shall transmit
the information must be transmitted at least weekly daily by
electronic means to the secretary of state.
Pursuant to the Help America Vote Act of 2002, Public Law 107‑252,
the computerized driver's license record containing the voter's name, address,
date of birth, citizenship, driver's license number or state
identification number, county, town, and city or town must be
made available for access by the secretary of state and interaction with the
statewide voter registration system.
Subd. 3. Registration. (a) The secretary of state shall
determine whether the applicant is currently registered in the statewide voter
registration system. For each currently
registered voter whose registration is not changed, the secretary of state
shall update the voter's registration date in the statewide voter registration
system. For each currently registered
voter whose registration is changed, the secretary of state shall transmit the
registration daily by electronic means to the county auditor of the county
where the voter resides.
(b) If the applicant is not currently
registered in the statewide voter registration system, the secretary of state
shall determine whether the applicant is 18 years of age or older and a citizen
of the United States and compare the voter registration information received
under section 201.145 to determine whether the applicant is eligible to vote. If an applicant is less than 18 years of age,
the secretary of state shall wait until the applicant has turned 18 years of
age to determine whether the applicant is eligible to vote. For each applicant the secretary of state
determines is an eligible voter, the secretary of state shall transmit the
registration daily by electronic means to the county auditor of the county
where the voter resides.
(c) Any data on applicants who the
secretary determines are not eligible to vote are private data on individuals,
as defined in section 13.02, subdivision 12.
Subd. 4. Notice. Upon receipt of the registration, the
county auditor shall mail to the voter the notice of registration required by
section 201.121, subdivision 2.
Subd. 5. Registering
20 days before election. An
application for registration that is dated during the 20 days before an
election in any jurisdiction within which the voter resides is not effective
until the day after the election.
Subd. 6. System
certification. An applicant
for a Minnesota driver's license, instruction permit, or identification card
must not be registered to vote until the commissioner of public safety has
certified that the department's systems have been tested and can accurately
provide the necessary data, and the secretary of state has certified that the
system for automatic registration of those applicants has been tested and is
capable of properly determining whether an applicant is eligible to vote.
Subd. 7. Implementation
costs. The secretary of state
and commissioner of public safety must absorb any costs associated with
implementation of this section using existing appropriations provided to the
secretary or commissioner by law.
Sec. 9. [201.276]
DUTIES OF SECRETARY OF STATE; INFORMATION ABOUT VOTING RIGHTS.
The secretary of state shall develop accurate
and complete information in a single publication about the voting rights of
people who have been charged with or convicted of a crime. This publication must be made available
electronically to the state court administrator for distribution to judges,
court personnel, probation officers, and the commissioner of corrections for
distribution to corrections officials, parole and supervised release agents,
and the public.
Sec. 10. Minnesota Statutes 2018, section 203B.001, is amended to read:
203B.001
ELECTION LAW APPLICABILITY.
The Minnesota Election Law is applicable to voting by absentee ballot and early voting unless otherwise provided in this chapter.
Sec. 11. Minnesota Statutes 2018, section 203B.01, is amended by adding a subdivision to read:
Subd. 5. Early
voting. "Early
voting" means voting in person before election day at the office of the
county auditor or designated municipal clerk within the time period provided in
section 203B.31.
Sec. 12. Minnesota Statutes 2018, section 203B.03, subdivision 1, is amended to read:
Subdivision 1. Violation. (a) No individual shall intentionally:
(1) make or sign any false certificate required by this chapter;
(2) make any false or untrue statement in any application for absentee ballots;
(3) apply for absentee ballots more than once in any election with the intent to cast an illegal ballot;
(4) exhibit a ballot marked by that individual to any other individual;
(5) do any act in violation of the provisions of this chapter for the purpose of casting an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;
(6) use information from absentee ballot or early voting materials or records for purposes unrelated to elections, political activities, or law enforcement;
(7) provide assistance to an absentee or early voter except in the manner provided by section 204C.15, subdivision 1;
(8) solicit the vote of an absentee or early voter while in the immediate presence of the voter during the time the individual knows the absentee or early voter is voting; or
(9) alter an absentee ballot application after it has been signed by the voter, except by an election official for administrative purposes.
(b) Before inspecting information from absentee ballot or early voting materials or records, an individual shall provide identification to the public official having custody of the material or information.
Sec. 13. Minnesota Statutes 2018, section 203B.04, subdivision 5, is amended to read:
Subd. 5. Permanent
absentee voter status. (a) An
eligible voter may apply to a county auditor or municipal clerk to
automatically receive an absentee ballot application before each
election, other than an election by mail conducted under section 204B.45, and
to have the status as a permanent absentee voter indicated on the voter's
registration record. The secretary of
state must prescribe a form for this purpose. An eligible voter listed as an ongoing
absentee voter as of July 31, 2013, pursuant to laws in effect on that date,
shall be treated as if the voter applied for status as a permanent absentee
voter pursuant to this subdivision.
(b) A voter who applies under paragraph (a)
must automatically be provided an absentee ballot application for each
eligible election. A voter's permanent
absentee status ends and automatic ballot application delivery must be
terminated on:
(1) the voter's written request;
(2) the voter's death;
(3) return of an absentee ballot as undeliverable; or
(4) a change in the voter's status to "challenged" or "inactive" in the statewide voter registration system.
(c) The secretary of state shall adopt rules governing procedures under this subdivision.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to elections conducted on or after that
date.
Sec. 14. [203B.045]
VOTERS WITH A DISABILITY.
Subdivision 1. Transmitting
ballot and certificate of voter eligibility. (a) A voter with a temporary or
permanent disability may include in an application for absentee ballots a
request that the ballots, instructions, and a certificate of voter eligibility
meeting the requirements of section 203B.21, subdivision 3, be transmitted to
the voter electronically in an accessible format, including ballots with the
ability to be marked by accessible software or devices. Upon receipt of a properly completed
application requesting accessible electronic transmission, the county auditor
shall electronically transmit the requested materials to the voter.
(b) Electronic materials provided by a
county auditor to a voter under this subdivision must comply with the
accessibility standards developed under section 16E.03, subdivision 9.
(c) The county auditor or municipal
clerk must provide a return envelope containing first class postage to a voter
requesting a ballot and ballot materials under this subdivision.
Subd. 2. Marking
ballots. The voter may
electronically mark the ballot using accessible software or devices.
Subd. 3. Returning
voted ballots. The voter must
return the voted ballots and the certificate of voter eligibility to the county
auditor in a sealed envelope.
Sec. 15. Minnesota Statutes 2018, section 203B.05, subdivision 1, is amended to read:
Subdivision 1. Generally. The full-time clerk of any city or town shall administer the provisions of sections 203B.04 to 203B.15 if:
(1) the county auditor of that county has designated the clerk to administer them; or
(2) the clerk has given the county auditor of that county notice of intention to administer them.
The designation or notice must specify whether the clerk will be responsible for the administration of a ballot board as provided in section 203B.121.
A clerk of a city that is located in more than one county may only administer the provisions of sections 203B.04 to 203B.15 and 203B.30 to 203B.35 if the clerk has been designated by each of the county auditors or has provided notice to each of the county auditors that the city will administer absentee voting. A clerk may only administer the provisions of sections 203B.04 to 203B.15 if the clerk has technical capacity to access the statewide voter registration system in the secure manner prescribed by the secretary of state. The secretary of state must identify hardware, software, security, or other technical prerequisites necessary to ensure the security, access controls, and performance of the statewide voter registration system. A clerk must receive training approved by the secretary of state on the use of the statewide voter registration system before administering this section. A clerk may not use the statewide voter registration system until the clerk has received the required training. The county auditor must notify the secretary of state of any municipal clerk who will be administering the provisions of this section and the duties that the clerk will administer.
Sec. 16. Minnesota Statutes 2018, section 203B.06, subdivision 1, is amended to read:
Subdivision 1. Printing
and delivery of forms. Each county
auditor and municipal clerk shall prepare and print a sufficient number of
blank application forms for absentee ballots.
The county auditor or municipal clerk shall deliver a blank application
form to any voter who requests one pursuant to section 203B.04. Blank application forms must be mailed to eligible voters who have requested an
application pursuant to section 203B.04, subdivision 5, at least 60 days
before:
(1) each regularly scheduled primary
for federal, state, county, city, or school board office;
(2) each regularly scheduled general
election for city or school board office for which a primary is not held; and
(3) a special primary to fill a federal
or county office vacancy or special election to fill a federal or county office
vacancy, if a primary is not required to be held pursuant to section 204D.03,
subdivision 3, or 204D.07, subdivision 3; and
(4) any election held in conjunction
with an election described in clauses (1) to (3);
or at least 45 days before any other primary or other
election for which a primary is not held.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to elections conducted on or after that
date.
Sec. 17. Minnesota Statutes 2018, section 203B.06, subdivision 3, is amended to read:
Subd. 3. Delivery
of ballots. (a) The county
auditor or municipal clerk, or full-time clerk of any city or town
administering an election pursuant to section 203B.05, shall mail absentee
ballots to voters on the permanent absentee ballot list pursuant to section
203B.04, subdivision 5, at least 45 days before:
(1) each regularly scheduled primary or
general election for federal, state, county, city, or school board office;
(2) each special primary or special
election to fill a federal, state, county, city, or school board vacancy;
except
(3) town clerks administering absentee
ballots for a town general election held in March shall deliver absentee
ballots at least 30 days before the election.
(b) The commissioner of corrections must provide the secretary of state with a list of the names and mailing addresses of state adult correctional facilities. An application for an absentee ballot that provides an address included on the list provided by the commissioner of corrections must not be accepted and an absentee ballot must not be provided to the applicant. The county auditor or municipal clerk must promptly transmit a copy of the application to the county attorney. The Department of Corrections must implement procedures to ensure that absentee ballots issued under this chapter are not received or mailed by offenders incarcerated at state adult correctional facilities.
(b) (c) If an application
for absentee ballots is accepted at a time when absentee ballots are not yet
available for distribution, the county auditor, or municipal clerk accepting
the application shall file it and as soon as absentee ballots are available for
distribution shall mail them to the address specified in the application. If an application for absentee ballots is
accepted when absentee ballots are available for distribution, the county
auditor or municipal clerk accepting the application shall promptly:
(1) mail the ballots to the voter whose signature appears on the application if the application is submitted by mail and does not request commercial shipping under clause (2);
(2) ship the ballots to the voter using a commercial shipper requested by the voter at the voter's expense;
(3) deliver the absentee ballots directly to the voter if the application is submitted in person; or
(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a voter who would have difficulty getting to the polls because of incapacitating health reasons, or who is disabled, or who is a patient in a health care facility, a resident of a facility providing assisted living services governed by chapter 144G, a participant in a residential program for adults licensed under section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
(c) (d) If an application does
not indicate the election for which absentee ballots are sought, the county
auditor or municipal clerk shall mail or deliver only the ballots for the next
election occurring after receipt of the application. Only one set of ballots may be mailed,
shipped, or delivered to an applicant for any election, except as provided in
section 203B.121, subdivision 2, or when a replacement ballot has been
requested by the voter for a ballot that has been spoiled or lost in transit.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to elections conducted on or after that
date.
Sec. 18. Minnesota Statutes 2018, section 203B.081, subdivision 1, is amended to read:
Subdivision 1. Location; timing. (a) An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place designated by the county auditor or by a municipal clerk authorized to conduct absentee balloting under section 203B.05 during the 46 days before the election, except as provided in this section.
(b) A polling place location, other than
the office of the county auditor, may be opened for fewer than 46 days. If a polling place is open fewer than 46 days
before the election, the county auditor or municipal clerk must post the
polling place location and hours of operation on the jurisdiction's website and
must inform the secretary of state of the polling place's location and hours.
Sec. 19. Minnesota Statutes 2018, section 203B.085, is amended to read:
203B.085
COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO REMAIN OPEN DURING CERTAIN
HOURS PRECEDING ELECTION.
The county auditor's office in each county and the clerk's office in each city or town authorized under section 203B.05 to administer absentee balloting must be open for acceptance of absentee ballot applications and casting of absentee ballots from 8:00 a.m. to 12:00 noon on the day immediately preceding an election subject to early voting under section 203B.30 unless that day falls on a Sunday. When performing the duties of the county auditor in an election not subject to early voting under section 203B.30, the clerk's office must be open from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. on the day immediately preceding a primary, special, or general election unless that day falls on a Saturday or Sunday. Town clerks' offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town general election held in March. The school district clerk, when performing the county auditor's election duties, need not comply with this section.
Sec. 20. Minnesota Statutes 2018, section 203B.121, subdivision 1, is amended to read:
Subdivision 1. Establishment; applicable laws. (a) The governing body of each county, municipality, and school district with responsibility to accept and reject absentee ballots or to administer early voting must, by ordinance or resolution, establish a ballot board. The board must consist of a sufficient number of election judges trained in the handling of absentee ballots and appointed as provided in sections 204B.19 to 204B.22. The board may include deputy county auditors or deputy city clerks who have received training in the processing and counting of absentee ballots.
(b) Each jurisdiction must pay a reasonable compensation to each member of that jurisdiction's ballot board for services rendered during an election.
(c) Except as otherwise provided by this section, all provisions of the Minnesota Election Law apply to a ballot board.
Sec. 21. Minnesota Statutes 2018, section 203B.121, subdivision 2, is amended to read:
Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot board shall take possession of all return envelopes delivered to them in accordance with section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk, two or more members of the ballot board shall examine each return envelope and shall mark it accepted or rejected in the manner provided in this subdivision. Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10, subdivision 2.
(b) The members of the ballot board shall mark the return envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if a majority of the members of the ballot board examining the envelope are satisfied that:
(1) the voter's name and address on the return envelope are the same as the information provided on the absentee ballot application or voter record;
(2) the voter signed the certification on the envelope;
(3) the voter's Minnesota driver's license, state identification number, or the last four digits of the voter's Social Security number are the same as a number on the voter's absentee ballot application or voter record. If the number does not match, the election judges must compare the signature provided by the applicant to determine whether the ballots were returned by the same person to whom they were transmitted;
(4) the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the return envelope;
(5) the certificate has been completed as prescribed in the directions for casting an absentee ballot; and
(6) the voter has not already voted at that election, either in person or, if it is after the close of business on the seventh day before the election, by absentee ballot.
The return envelope from accepted ballots must be preserved and returned to the county auditor.
(c)(1) If a majority of the members of the ballot board examining a return envelope find that an absentee voter has failed to meet one of the requirements provided in paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the word "Rejected," list the reason for the rejection on the envelope, and return it to the
county auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by this section. Failure to place the ballot within the security envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.
(2) If an envelope has been rejected at least five days before the election, the envelope must remain sealed and the official in charge of the ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
(3) If an envelope is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or email to notify the voter that the voter's ballot has been rejected. The official must document the attempts made to contact the voter.
(d) The official in charge of the absentee ballot board must mail the voter a written notice of absentee ballot rejection between six and ten weeks following the election. If the official determines that the voter has otherwise cast a ballot in the election, no notice is required. If an absentee ballot arrives after the deadline for submission provided by this chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A notice of absentee ballot rejection must contain the following information:
(1) the date on which the absentee ballot was rejected or, if the ballot was received after the required deadline for submission, the date on which the ballot was received;
(2) the reason for rejection; and
(3) the name of the appropriate election official to whom the voter may direct further questions, along with appropriate contact information.
(e) An absentee ballot return envelope marked "Rejected" may not be opened or subject to further review except in an election contest filed pursuant to chapter 209.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to elections conducted on or after that
date.
Sec. 22. Minnesota Statutes 2018, section 203B.121, is amended by adding a subdivision to read:
Subd. 2a. Duties
of ballot board; early voting. The
members of the ballot board shall administer the process of early voting as
prescribed in section 203B.35, and shall make a record of voters who cast
ballots early and count those ballots as provided in subdivisions 4 and 5.
Sec. 23. Minnesota Statutes 2018, section 203B.121, subdivision 3, is amended to read:
Subd. 3. Record
of voting. (a) When applicable, the
county auditor or municipal clerk must immediately record that a voter's
absentee ballot has been accepted or that the voter has cast a ballot
pursuant to the early voting procedures provided in this chapter. A voter whose record indicates that the voter
has cast an early ballot must not be permitted to cast another ballot in that
election. After the close of
business on the seventh day before the election day prior to the
beginning of the early voting period as provided in section 203B.31, a
voter whose record indicates that an absentee ballot has been accepted must not
be permitted to cast another ballot at that election. In a state primary, general, or state special
election for federal or, state, or county office, the
auditor or clerk must also record this information in the statewide voter
registration system.
(b) The roster must be marked, and a supplemental report of absentee and early voters who submitted a voter registration application with their ballot must be created, no later than the start of voting on election day to indicate the voters that have already cast a ballot at the election. The roster may be marked either:
(1) by the county auditor or municipal clerk before election day;
(2) by the ballot board before election day; or
(3) by the election judges at the polling place on election day.
The record of a voter whose absentee ballot was received after the close of business on the seventh day before the election is not required to be marked on the roster or contained in a supplemental report as required by this paragraph.
Sec. 24. Minnesota Statutes 2018, section 203B.121, subdivision 5, is amended to read:
Subd. 5. Storage and counting of absentee and early voting ballots. (a) On a day on which absentee or early voting ballots are inserted into a ballot box, two members of the ballot board must:
(1) remove the ballots from the ballot box at the end of the day;
(2) without inspecting the ballots, ensure that the number of ballots removed from the ballot box is equal to the number of voters who cast early votes and whose absentee ballots were accepted that day; and
(3) seal and secure all voted and unvoted ballots present in that location at the end of the day.
(b) After the polls have closed on election day, two members of the ballot board must count the ballots, tabulating the vote in a manner that indicates each vote of the voter and the total votes cast for each candidate or question. In state primary and state general elections, the results must indicate the total votes cast for each candidate or question in each precinct and report the vote totals tabulated for each precinct. The count must be recorded on a summary statement in substantially the same format as provided in section 204C.26. The ballot board shall submit at least one completed summary statement to the county auditor or municipal clerk. The county auditor or municipal clerk may require the ballot board to submit a sufficient number of completed summary statements to comply with the provisions of section 204C.27, or the county auditor or municipal clerk may certify reports containing the details of the ballot board summary statement to the recipients of the summary statements designated in section 204C.27.
In state primary and state general elections, these vote totals shall be added to the vote totals on the summary statements of the returns for the appropriate precinct. In other elections, these vote totals may be added to the vote totals on the summary statement of returns for the appropriate precinct or may be reported as a separate total.
The
count shall be public. No vote totals
from ballots may be made public before the close of voting on election day.
(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been completed previously, the members of the ballot board must verify as soon as possible, but no later than 24 hours after the end of the hours for voting, that voters whose absentee ballots arrived after the rosters were marked or supplemental reports were generated and whose ballots were accepted did not vote in person on election day. An absentee ballot submitted by a voter who has voted in person on election day must be rejected. All other accepted absentee ballots must be opened, duplicated if necessary, and counted by members of the ballot board. The vote totals from these ballots must be incorporated into the totals with the other absentee ballots and handled according to paragraph (b).
Sec. 25. [203B.30]
EARLY VOTING; APPLICABILITY.
(a) Any eligible voter may vote in person
in a federal, state, or county election prior to the date of the election, in
the manner provided in sections 203B.31 to 203B.35.
(b)(1) Subject to clause (2), for city
elections not held in conjunction with a federal, state, or county election,
the city may authorize eligible voters to vote in the manner provided in
sections 203B.31 to 203B.35 upon resolution of the governing body of the city,
adopted prior to the first day for filing affidavits of candidacy for the
election. In the case of a home rule
charter city, authorization may alternatively be made by amendment to the
city's charter for this purpose.
(2) A city may only authorize voting
under sections 203B.31 to 203B.35 if the municipal clerk has the technical
capacity to access the statewide voter registration system in the secure manner
prescribed by the secretary of state. The
secretary of state must identify hardware, software, security, or other
technical prerequisites necessary to ensure the security, access controls, and
performance of the statewide voter registration system. The clerk must receive training approved by
the secretary of state on the use of the statewide voter registration system
before administering voting authorized under this paragraph. The clerk may not use the statewide voter
registration system until the clerk has received the required training.
Sec. 26. [203B.31]
TIME PERIOD FOR EARLY VOTING.
Early voting must be available to any
eligible voter as provided in section 203B.32 for every primary, general, and
special election subject to early voting under section 203B.30 from 30 days before
the election through 5:00 p.m. on the third day before the election. All voters in line at 5:00 p.m. on the third
day before the election must be allowed to vote in the same manner as provided
in section 204C.05, subdivision 2.
Sec. 27. [203B.32]
HOURS FOR EARLY VOTING.
Early voting must be available between
the hours of 8:00 a.m. and 4:30 p.m. on each weekday during the time period
provided in section 203B.31, from 8:00 a.m. to 8:00 p.m. on at least one
weekday, and from 10:00 a.m. to 5:00 p.m. on the two Saturdays before the
election.
Sec. 28. [203B.33]
LOCATIONS FOR EARLY VOTING.
(a) Early voting must be made available
at polling places designated in the county auditor's offices in county‑owned
or operated buildings, at the municipal clerk's office in every municipality
that has been delegated the responsibility to administer absentee voting as
provided in section 203B.05 or which is conducting an election that includes
early voting, as authorized in section 203B.30, and at any other county or
city-owned or operated buildings designated by the county auditor or municipal
clerk. At least one voting station and
one ballot marking device for disabled voters must be made available in each
polling place.
(b) The county auditor or municipal
clerk must make an electronic ballot counter available in each polling place.
Sec. 29. [203B.34]
NOTICE TO VOTERS.
The county auditor or municipal clerk
must prepare a notice to the voters of the days, times, and locations for early
voting. This notice must be posted on
the county's website, if applicable, and the website for each municipality in
the county where an early voting location is designated for the election at
least 14 days before the first day for early voting. If a county or municipality does not have a
website, the county auditor or municipal clerk must publish the notice at least
once in the jurisdiction's official newspaper at least seven days and not more
than 14 days before the first day for early voting.
Sec. 30. [203B.35]
PROCEDURES FOR EARLY VOTING.
Subdivision 1. Voting
procedure. Each voter shall
sign the certification provided in section 204C.10. An individual who is not registered to vote
must register in the manner provided in section 201.061, subdivision 3.
After the voter has signed the
certification, a member of the ballot board must provide a ballot to the voter. Ballots must be prepared and distributed by
members of the ballot board in the manner provided in section 204C.09. The voter must mark the ballot and deposit it
in either a precinct voting system or a sealed ballot box. A voter may not leave the polling place with
the ballot.
Subd. 2. Processing
of ballots. Ballots cast
pursuant to sections 203B.30 to 203B.35 must be processed and counted by a
ballot board.
Sec. 31. Minnesota Statutes 2018, section 204B.28, subdivision 2, is amended to read:
Subd. 2. Election supplies; duties of county auditors and clerks. (a) Except as otherwise provided for absentee ballots in this section and in section 204B.35, subdivision 4, the county auditor shall complete the preparation of the election materials for which the auditor is responsible at least four days before every state primary and state general election. At any time after all election materials are available from the county auditor but not later than four days before the election each municipal clerk shall secure from the county auditor:
(a) (1) the forms that are
required for the conduct of the election;
(b) (2) any printed voter
instruction materials furnished by the secretary of state;
(c) (3) any other
instructions for election officers; and
(d) (4) a sufficient
quantity of the official ballots, registration files, envelopes for ballot
returns, and other supplies and materials required for each precinct in order
to comply with the provisions of the Minnesota Election Law. The county auditor may furnish the election
supplies to the municipal clerks in the same manner as the supplies are
furnished to precincts in unorganized territory pursuant to section 204B.29,
subdivision 1.
(b) The county auditor must prepare and
make available election materials for early voting to city clerks designated to
administer early voting under section 203B.05 at least one day prior to the
beginning of the early voting period as provided in section 203B.31.
Sec. 32. Minnesota Statutes 2018, section 204B.35, is amended by adding a subdivision to read:
Subd. 6. Electronic voting systems. Notwithstanding sections 204B.35 to 204B.44 and chapter 204D, a jurisdiction may employ an electronic voting system provided by section 206.80, paragraph (b), clause (3), displaying the required ballot information on an electronic device in a format that substantially meets the requirements of law.
Sec. 33. Minnesota Statutes 2018, section 204B.45, subdivision 1, is amended to read:
Subdivision 1. Authorization. A town of any size not located in a
metropolitan county as defined by section 473.121, or a city having fewer
than 400 registered voters on June 1 of an election year and not located in
a metropolitan county as defined by section 473.121, may provide balloting
by mail at any municipal, county, or state election with no polling place other
than the office of the auditor or clerk or other locations designated by the
auditor or clerk. The governing body may
apply to the county auditor for permission to conduct balloting by mail. The
county board may provide for balloting by mail in unorganized territory. The governing body of any municipality may designate for mail balloting any precinct having fewer than 100 registered voters, subject to the approval of the county auditor.
Voted ballots may be returned in person to any location designated by the county auditor or municipal clerk.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to elections conducted on or after that
date.
Sec. 34. Minnesota Statutes 2018, section 204B.45, subdivision 2, is amended to read:
Subd. 2. Procedure. Notice of the election and the special mail procedure must be given at least ten weeks prior to the election. Not more than 46 days nor later than 14 days before a regularly scheduled election and not more than 30 days nor later than 14 days before any other election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the city, town, or unorganized territory. No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed and eligible voters with a temporary or permanent disability may apply for ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "accepted" or "rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day. The board may consist of deputy county auditors or deputy municipal clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party. Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or email to notify the voter that the voter's ballot has been rejected. The official must document the attempts made to contact the voter.
If the ballot is accepted, the county auditor or municipal clerk must mark the roster to indicate that the voter has already cast a ballot in that election. After the close of business on the seventh day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
In all other respects, the provisions of the Minnesota Election Law governing deposit and counting of ballots apply.
The mail and absentee ballots for a precinct must be counted together and reported as one vote total. No vote totals from mail or absentee ballots may be made public before the close of voting on election day.
The costs of the mailing shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
Sec. 35. Minnesota Statutes 2018, section 204C.03, is amended by adding a subdivision to read:
Subd. 5. Transit
service. Certain requirements
for transit service on the date of a state general election are as provided in
sections 174.24, subdivision 7a, and 473.408, subdivision 11.
EFFECTIVE DATE. This section is effective July 1,
2020.
Sec. 36. Minnesota Statutes 2018, section 204C.10, is amended to read:
204C.10 POLLING
PLACE ROSTER; VOTER SIGNATURE CERTIFICATE; VOTER RECEIPT.
(a) An individual seeking to vote shall sign a polling place roster or voter signature certificate which states that the individual:
(1) is at least 18 years of age,;
(2) a citizen of the United States,;
(3) has resided in Minnesota for 20 days immediately
preceding the election,;
(4) maintains residence at the address shown,;
(5) is not under a guardianship in which the court
order revokes the individual's right to vote,;
(6) has not been found by a court of law to be
legally incompetent to vote or;
(7) has the right to vote because, if the individual
was convicted of a felony, the felony sentence has expired or been completed
or the individual has been discharged from the sentence, completed
the term of incarceration, if any, for the felony offense;
(8) is registered; and
(9) has not already voted in the election.
The roster must also state: "I understand that deliberately providing false information is a felony punishable by not more than five years imprisonment and a fine of not more than $10,000, or both."
(b) At the presidential nomination primary, the polling
place roster must also state: "I am
in general agreement with the principles of the party for whose candidate I
intend to vote, and I understand that my choice of a party's ballot will be
public information." This
statement must appear separately from the statements required in paragraph (a). The felony penalty provided for in paragraph
(a) does not apply to this paragraph.
(c) (b) A judge may, before the applicant
signs the roster or voter signature certificate, confirm the applicant's name,
address, and date of birth.
(d) (c) After the applicant signs the roster
or voter signature certificate, the judge shall give the applicant a voter's
receipt. The voter shall deliver the
voter's receipt to the judge in charge of ballots as proof of the voter's right
to vote, and thereupon the judge shall hand to the voter the ballot. The voters' receipts must be maintained
during the time for notice of filing an election contest.
(e) (d) Whenever a challenged status appears
on the polling place roster, an election judge must ensure that the challenge
is concealed or hidden from the view of any voter other than the voter whose
status is challenged.
Sec. 37. Minnesota Statutes 2018, section 204C.15, subdivision 1, is amended to read:
Subdivision 1. Physical assistance in marking ballots. A voter who claims a need for assistance because of inability to read English or physical inability to mark a ballot may obtain the aid of two election judges who are members of different major political parties. The election judges shall mark the ballots as directed by the voter and
in
as secret a manner as circumstances permit.
A voter in need of assistance may alternatively obtain the assistance of
any individual the voter chooses. Only
the following persons may not provide assistance to a voter: the voter's employer, an agent of the voter's
employer, an officer or agent of the voter's union, or a candidate for election. The person who assists the voter shall,
unaccompanied by an election judge, retire with that voter to a booth and mark
the ballot as directed by the voter. No
person who assists another voter as provided in the preceding sentence shall
mark the ballots of more than three voters at one election. Before the ballots are deposited, the voter
may show them privately to an election judge to ascertain that they are marked
as the voter directed. An election judge
or other individual assisting a voter shall not in any manner request,
persuade, induce, or attempt to persuade or induce the voter to vote for any
particular political party or candidate.
The election judges or other individuals who assist the voter shall not
reveal to anyone the name of any candidate for whom the voter has voted or
anything that took place while assisting the voter.
Sec. 38. Minnesota Statutes 2018, section 204C.24, subdivision 1, is amended to read:
Subdivision 1. Information requirements. Precinct summary statements shall be submitted by the election judges in every precinct. For all elections, the election judges shall complete three or more copies of the summary statements, and each copy shall contain the following information for each kind of ballot:
(1) the number of ballots delivered to the precinct as adjusted by the actual count made by the election judges, the number of unofficial ballots made, and the number of absentee ballots delivered to the precinct;
(2) the number of votes each candidate received or the number of yes and no votes on each question, the number of undervotes, the number of overvotes, and the number of defective ballots with respect to each office or question;
(3) the number of spoiled ballots, the number of duplicate ballots made, the number of absentee ballots rejected, and the number of unused ballots, presuming that the total count provided on each package of unopened prepackaged ballots is correct;
(4) the number of voted ballots indicating only a voter's
choices as provided by section 206.80, paragraph (b), clause (3);
(4) (5) the number of individuals who voted
at the election in the precinct which must equal the total number of ballots
cast in the precinct, as required by sections 204C.20 and 206.86, subdivision
1;
(5) (6) the number of voters registering on
election day in that precinct; and
(6) (7) the signatures of the election judges
who counted the ballots certifying that all of the ballots cast were properly
piled, checked, and counted; and that the numbers entered by the election
judges on the summary statements correctly show the number of votes cast for
each candidate and for and against each question.
At least two copies of the summary statement must be prepared for elections not held on the same day as the state elections.
Sec. 39. Minnesota Statutes 2018, section 204D.19, subdivision 2, is amended to read:
Subd. 2. Special election when legislature will be
in session. Except for vacancies in
the legislature which occur at any time between the last day of session in an
odd-numbered year and the 40th 54th day prior to the opening day
of session in the succeeding even-numbered year, when a vacancy occurs and the
legislature will be in session so that the individual elected as provided by
this section could take office and exercise the duties of the office
immediately upon election, the governor shall issue within five days after the
vacancy occurs a writ calling for a special election. The special election shall be held as soon as
possible, consistent with the notice requirements of
section
204D.22, subdivision 3, but in no event more than 35 49 days
after the issuance of the writ. A
special election must not be held during the four days before or the four days
after a holiday as defined in section 645.44, subdivision 5.
EFFECTIVE
DATE. This section is
effective August 1, 2019, and applies to vacancies occurring on or after that
date.
Sec. 40. Minnesota Statutes 2018, section 204D.195, is amended to read:
204D.195
DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED.
Notwithstanding any other provision of
law, a special primary and special general election may not be held:
(1) for a period beginning the day
following the date of the state primary election and ending the day prior to
the date of the state general election.; or
(2) on a holiday, or during the four
days before or the four days after a holiday, as defined in section 645.44,
subdivision 5.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to special elections
for vacancies in office occurring on or after that date.
Sec. 41. Minnesota Statutes 2018, section 204D.22, subdivision 3, is amended to read:
Subd. 3. Notice
of special election. The county
auditor of a county in which a special election is to be held shall direct the
clerk of each municipality in which the election is to be held to post a notice
of the special primary and special election at least seven 14
days before the special primary and at least 14 21 days before
the special election in the manner provided in sections 204B.33 and 204B.34. If the special primary is to be held 14
21 days before the special election, a single notice of both elections
may be posted seven days before the primary.
When the special primary or special election is to be held on the same day as any other election, notice of the special primary or special election may be included in the notice of the other election, if practicable.
EFFECTIVE
DATE. This section is
effective August 1, 2019, and applies to vacancies occurring on or after that
date.
Sec. 42. Minnesota Statutes 2018, section 204D.23, subdivision 2, is amended to read:
Subd. 2. Time
of filing. Except as provided in
subdivision 3, the affidavits and petitions shall be filed no later than 14
21 days before the special primary.
EFFECTIVE
DATE. This section is
effective August 1, 2019, and applies to vacancies occurring on or after that
date.
Sec. 43. [204D.275]
LOCAL REIMBURSEMENT FOR SPECIAL ELECTIONS.
Subdivision 1. Reimbursement
authorized. Each county and
municipality shall be reimbursed for the cost of conducting a special election
as defined in section 200.02, subdivision 4, for a federal or state office.
Subd. 2. Expenses eligible for reimbursement. The secretary of state shall reimburse each county and municipality for the cost of:
(1) preparation and printing of ballots
and other election materials for the special election;
(2) postage for absentee ballots;
(3) publication of the sample ballot;
(4) preparation of polling places;
(5) preparation of electronic voting
systems;
(6) compensation paid to the county
canvassing board members;
(7) election judge salaries; and
(8) other reasonable costs of administering the election, as approved by the secretary of state.
Reimbursable costs do not include salaries of permanent local officials or the cost of reusable supplies and equipment.
Subd. 3. Reimbursement
requests. (a) Not more than
90 days after the special election, the county auditor must submit a request
for reimbursement of the costs incurred by the county for conducting the
special election and the municipal clerk must submit a request for
reimbursement of the costs incurred by the municipality for conducting the
special election. The request for
reimbursement must be submitted to the secretary of state and must be
accompanied by an itemized description of actual county or municipal
expenditures including copies of invoices.
In addition, the county auditor or municipal clerk must certify that the
request for reimbursement is based on actual costs incurred by the county or
municipality in the special election. The
secretary of state shall provide each county and municipality with the
appropriate forms for requesting payment and certifying expenses under this
subdivision.
(b) The secretary of state must not
reimburse expenses unless the request for payment and certification of costs
has been submitted as provided in this subdivision. The secretary of state must complete the
issuance of reimbursements to the counties and municipalities for qualifying
claims no later than 120 days after the special election. Amounts necessary to pay qualifying claims
are appropriated from the general fund to the secretary of state for that
purpose.
Sec. 44. [204E.01]
APPLICABILITY.
This chapter applies to all elections
expressly authorized by law to use ranked-choice voting. All other provisions of the Minnesota
Election Law also apply, to the extent they are not inconsistent with this
chapter.
Sec. 45. [204E.02]
DEFINITIONS.
Subdivision 1. Scope. The definitions in this section apply
to this chapter.
Subd. 2. Batch
elimination. "Batch
elimination" means a simultaneous defeat of multiple continuing candidates
that have no mathematical chance of being elected.
Subd. 3. Chief
election official. "Chief
election official" means the principal officer in the jurisdiction charged
with duties relating to elections.
Subd. 4. Duplicate
ranking. "Duplicate
ranking" means a voter has ranked the same candidate at multiple rankings
for the office being counted.
Subd. 5. Exhausted
ballot. "Exhausted
ballot" means a ballot that can no longer be advanced under the procedures
in section 204E.06.
Subd. 6. Highest
continuing ranking. "Highest
continuing ranking" means the ranking on a voter's ballot with the lowest
numerical value for a continuing candidate.
Subd. 7. Mathematically
impossible to be elected. "Mathematically
impossible to be elected" means either:
(1) the candidate cannot be elected
because the candidate's current vote total plus all votes that could possibly
be transferred to the candidate in future rounds from candidates with fewer
votes or an equal number of votes and surplus votes would not be enough to
surpass the candidate with the next higher current vote total; or
(2) the candidate has a lower current
vote total than a candidate who is described by clause (1).
Subd. 8. Overvote. "Overvote" means a voter has
ranked more than one candidate at the same ranking.
Subd. 9. Partially
defective ballot. "Partially
defective ballot" means a ballot that is defective to the extent that the
election judges are unable to determine the voter's intent with respect to the
office being counted.
Subd. 10. Ranked-choice
voting. "Ranked-choice
voting" means an election method in which voters rank candidates for an
office in order of their preference, with each vote counting for the
highest-ranked continuing candidate on each ballot until that candidate has
been elected or defeated by the method established in this chapter.
Subd. 11. Ranked-choice
voting tabulation center. "Ranked-choice
voting tabulation center" means the place selected for the automatic or
manual processing and tabulation of ballots.
Subd. 12. Ranking. "Ranking" means the number
assigned by a voter to a candidate to express the voter's preference for that
candidate. Ranking number one is the
highest ranking. A ranking of lower
numerical value indicates a greater preference for a candidate than a ranking
of higher numerical value.
Subd. 13. Round. "Round" means an instance of
the sequence of voting tabulation steps established in section 204E.06.
Subd. 14. Skipped ranking. "Skipped ranking" means a voter has left a ranking blank and ranks a candidate at a subsequent ranking.
Subd. 15. Surplus. "Surplus" means the total
number of votes cast for an elected candidate in excess of the threshold.
Subd. 16. Surplus
fraction of a vote. "Surplus
fraction of a vote" means the proportion of each vote to be transferred
when a surplus is transferred. The
surplus fraction is calculated by dividing the surplus by the total votes cast
for the elected candidate, calculated to four decimal places, ignoring any
remainder.
Subd. 17. Threshold. "Threshold" means the number
of votes sufficient for a candidate to be elected. In any given election, the threshold equals
the total votes counted in the first round after removing defective ballots,
divided by the sum of one plus the number of offices to be filled and adding
one to the quotient, disregarding any fractions.
Subd. 18. Transfer
value. "Transfer
value" means the fraction of a vote that a transferred ballot will
contribute to the next ranked continuing candidate on that ballot. The transfer value of a vote cast for an
elected candidate is calculated by multiplying the surplus fraction of each
vote by its current value, calculated to four decimal places, ignoring any
remainder. The transfer value of a vote
cast for a defeated candidate is the same as its current value.
Subd. 19. Transferable
vote. "Transferable
vote" means a vote or a fraction of a vote for a candidate who has been
either elected or defeated.
Subd. 20. Totally
defective ballot. "Totally
defective ballot" means a ballot that is defective to the extent that
election judges are unable to determine the voter's intent for any office on
the ballot.
Subd. 21. Undervote. "Undervote" means a voter
did not rank any candidates for an office.
Sec. 46. [204E.03]
AUTHORIZATION TO ADOPT RANKED-CHOICE VOTING; IMPLEMENTATION.
(a) The following political
subdivisions may adopt, in the manner provided in this section, ranked-choice
voting as a method of voting for local offices within the political
subdivision:
(1) home rule charter or statutory
cities;
(2) counties;
(3) townships; and
(4) school districts.
(b) A jurisdiction that adopts
ranked-choice voting may do so by adopting an ordinance or resolution or by a
ballot question presented to the voters.
The ranked-choice voting method may be repealed by one of the same
methods provided for adoption.
(c) A home rule charter jurisdiction
that adopts a ranked-choice voting system in its charter may adopt this chapter
by reference in an ordinance, but is not required to do so. Nothing in this chapter prevents a home rule
charter jurisdiction from adopting another voting method in its charter.
(d) Ranked-choice voting shall only be
used to elect local offices at a general or special election, or at a primary
election which serves as a party-nominating election for a partisan office. A primary election must not be held for any
nonpartisan offices that are elected using ranked-choice voting.
(e) A jurisdiction that adopts the use
of ranked-choice voting in local elections must do so no later than 30 days
before the first day for filing affidavits of candidacy for the office for
which ranked-choice voting is to be used as the method of election.
(f) Repeal of ranked-choice voting must
be no later than 30 days before the first day for filing affidavits of
candidacy for offices for which ranked-choice voting is used as the method of
election.
(g) The chief election official shall
notify the secretary of state and, if applicable, the county auditor within
30 days following adoption or repeal of ranked-choice voting.
Sec. 47. [204E.04]
BALLOTS.
Subdivision 1. Ballot
format. (a) If there are
three or more qualified candidates, a ballot must allow a voter to rank at
least three candidates for each office in order of preference and must also
allow the voter to add write-in candidates.
(b) A ballot must:
(1) include instructions to voters that
clearly indicate how to mark the ballot;
(2)
include instructions to voters that clearly indicate how to rank candidates in
order of the voter's preference; and
(3) indicate the number of seats to be
elected for each office.
(c) A jurisdiction may use ballots
compatible with alphanumeric character recognition voting equipment.
Subd. 2. Mixed-election method ballots. If elections are held in which ranked-choice voting is used in addition to other methods of voting, the ranked-choice voting and non-ranked-choice voting elections must be on the same ballot card if possible, with ranked-choice voting and non-ranked-choice voting portions clearly separated on the ballot card. A separate ballot card may be used if necessary. A jurisdiction may deviate from the standard ballot order of offices to allow separation of ranked-choice voting and non-ranked-choice voting elections.
Subd. 3. Ballot
format rules. The chief
election official shall establish administrative rules for ballot format after
a voting mechanism has been selected, consistent with this section.
Sec. 48. [204E.05]
RANKED-CHOICE VOTING TABULATION CENTER.
Subdivision 1. Tabulation
of votes; generally. The
chief election official shall designate one location to serve as the
ranked-choice voting tabulation center. The
center must be accessible to the public for the purpose of observing the vote
tabulation. Tabulation of votes must be
conducted as described in section 204E.06.
Subd. 2. Precinct
tabulation. When the hours
for voting have ended and all voting has concluded, the election judges in each
precinct shall record and publicly declare the number of first choices cast for
each candidate in that precinct. The
election judges must then securely transfer all electronic voting data and
ballots from the precinct to the ranked-choice voting tabulation center
designated under this section. Upon
receipt at the ranked-choice voting tabulation center, all electronic voting
data and ballots shall be secured.
Subd. 3. Notice
of recess in count. At any
time following receipt of materials under subdivision 1, the chief election
official may declare a recess. Notice of
the recess must include the date, time, and location at which the process of
recording and tabulating votes will resume and the reason for the recess. Notice must be posted on the city's official
bulletin board and on the door of the ranked-choice voting tabulation center.
Subd. 4. Recording
write-in votes. At a time set
by the chief election official, the election judges shall convene at the
ranked-choice voting tabulation center to examine ballots on which voters have
indicated a write-in choice, and record the names and number of votes received
by each write-in candidate. In the event
that votes cast for the write-in category are not eliminated as provided in
section 204E.06, the results must be entered into the ranked-choice voting
tabulation software.
Subd. 5. Ranked-choice
vote tabulation. After all
votes have been recorded, and at a time set by the chief election official, the
process of tabulating votes cast for offices to be elected using the
ranked-choice method must begin. The
counting must continue until preliminary results for all races are determined,
subject to subdivision 3.
Sec. 49. [204E.06]
TABULATION OF VOTES.
(a) Tabulation of votes at the
ranked-choice voting tabulation center must proceed in rounds for each office
to be counted. The threshold must be
calculated and publicly declared. Each
round must proceed sequentially as follows:
(1) the number of votes cast for each
candidate for the current round must be counted. If the number of candidates whose vote totals
equal or exceed the threshold are equal to the number of seats to be filled,
those candidates who are continuing candidates are elected and the tabulation
is complete. If the number of candidates
whose vote totals are equal to or greater than the threshold is not equal to
the number of seats to be filled, a new round begins and the tabulation must
continue as provided in the remainder of this paragraph;
(2) surplus votes for any candidates
whose vote totals are equal to or greater than the threshold must be
calculated;
(3) after any surplus votes are
calculated but not yet transferred, all candidates for whom it is
mathematically impossible to be elected must be defeated by batch elimination. Votes for the defeated candidates must be
transferred to each ballot's next-ranked continuing candidate, and the
tabulation process reiterates beginning with clause (2). If no candidate can be defeated mathematically,
the tabulation must continue as described in clause (4);
(4) the transfer value of each vote
cast for an elected candidate must be transferred to the next continuing
candidate on that ballot. Of the
candidates whose vote totals reach or exceed the threshold, the candidate with
the largest surplus is declared elected and that candidate's surplus is
transferred. A tie between two or more
candidates must immediately and publicly be resolved by lot by the chief
election official at the tabulation center.
The surplus of the candidate chosen by lot must be transferred before
other transfers are made. The result of
the tie resolution must be recorded and reused in the event of a recount. If no candidate has a surplus, the tabulation
must continue as described in clause (5); otherwise, the tabulation process
must reiterate beginning with clause (2);
(5) if there are no transferable
surplus votes, the candidate with the fewest votes is defeated. Votes for the defeated candidate must be
transferred to each ballot's next-ranked continuing candidate. Ties between candidates with the fewest votes
must be decided by lot, and the candidate chosen by lot must be defeated. The result of the tie resolution must be
recorded and reused in the event of a recount.
The tabulation process must reiterate beginning with clause (2); and
(6) the procedures in clauses (2) to
(5) must be repeated until the number of candidates whose vote totals are equal
to or exceed the threshold is equal to the number of seats to be filled, or
until the number of continuing candidates is equal to the number of offices yet
to be elected. If the number of
continuing candidates is equal to the number of offices yet to be elected, the
remaining continuing candidates must be declared elected. In the case of a tie between two continuing
candidates, the tie must be decided by lot as provided in section 204C.34, and
the candidate chosen by lot must be defeated.
The result of the tie resolution must be recorded and reused in the
event of a recount.
(b) When a single skipped ranking is
encountered on a ballot, that ballot must count toward the next nonskipped
ranking. If any ballot cannot be
advanced because no further candidates are ranked on that ballot, because a
voter has skipped more than one ranking, or because an undervote, overvote, or
duplicate ranking is encountered, the ballot must not count toward any
candidate in that round or in subsequent rounds for the office being counted.
Sec. 50. [204E.07]
REPORTING RESULTS.
(a) Each precinct must print a precinct
summary statement, which must include the number of first choices cast for each
candidate in that precinct.
(b)
The ranked-choice voting tabulation center must print a summary statement with
the following information: total votes
cast; number of undervotes; number of totally defective and spoiled ballots;
threshold calculation; total first choice rankings for all candidates;
round-by-round tabulation results, including simultaneous batch eliminations,
surplus transfers, and defeated candidate transfers; and exhausted ballots at
each round.
(c) The election abstract must include
the information required in the ranked-choice voting tabulation center summary
statement, with the addition of the number of registered voters by precinct,
the number of same-day voter registrations, and the number of absentee voters.
Sec. 51. [204E.08]
RECOUNTS.
(a) A candidate defeated in the final
round of tabulation may request a recount as provided in section 204C.36.
(b) A candidate defeated in the final
round of tabulation when the vote difference is greater than that provided in
section 204C.36 may request a recount at the candidate's own expense. A candidate defeated in an earlier round of
tabulation may request a recount at the candidate's own expense. The candidate is responsible for all expenses
associated with the recount, regardless of the vote difference between the
candidates in the round in which the requesting candidate was defeated. The requesting candidate shall file with the
filing officer a bond, cash, or surety in an amount set by the filing officer
for the payment of the recount expenses.
Expenses must be determined as provided in section 204C.36, subdivision
4.
(c) Rules adopted by the secretary of
state under section 204C.36 for recounts apply to recounts conducted under this
section.
Sec. 52. [204E.09]
RULES.
The secretary of state may adopt rules
necessary to implement the requirements and procedures established by this
chapter.
Sec. 53. Minnesota Statutes 2018, section 205.13, subdivision 2, is amended to read:
Subd. 2. Notice of filing dates. At least two weeks before the first day to file affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the clerk's office and the closing time for filing on the last day for filing. The clerk shall post a similar notice at least ten days before the first day to file affidavits of candidacy. The notice must indicate the method of election to be used for the offices on the ballot. The notice must separately list any office for which affidavits of candidacy may be filed to fill the unexpired portion of a term when a special election is being held to fill a vacancy as provided in section 412.02, subdivision 2a.
Sec. 54. Minnesota Statutes 2018, section 206.58, subdivision 1, is amended to read:
Subdivision 1. Municipalities. (a) The governing body of a municipality, at a regular meeting or at a special meeting called for the purpose, may provide for the use of an electronic voting system in one or more precincts and at all elections in the precincts, subject to approval by the county auditor. The governing body shall disseminate information to the public about the use of a new voting system at least 60 days prior to the election and shall provide for instruction of voters with a demonstration voting system in a public place for the six weeks immediately prior to the first election at which the new voting system will be used.
(b) No system may be adopted or used unless it has been approved by the secretary of state pursuant to section 206.57.
(c) The governing body of a municipality may provide for the use of an electronic voting system that has been approved by the secretary of state under section 206.57 but includes an automatic tabulating equipment reallocation feature that has not been approved by the secretary of state if the municipal clerk certifies to the secretary of state, within 30 days from the date of adoption under paragraph (a), that the reallocation feature:
(1) has been certified as required
under section 206.57, subdivision 6; and
(2) meets the municipality's ordinance
requirements for electronic voting systems.
Sec. 55. Minnesota Statutes 2018, section 206.61, is amended by adding a subdivision to read:
Subd. 1a. Availability
of alternate ballot formats. In
precincts using a ballot format authorized by section 206.80, paragraph (b),
clause (3), voters must be provided the option of voting a regularly printed
optical scan ballot.
Sec. 56. Minnesota Statutes 2018, section 206.80, is amended to read:
206.80
ELECTRONIC VOTING SYSTEMS.
(a) An electronic voting system may not be employed unless it:
(1) permits every voter to vote in secret;
(2) permits every voter to vote for all candidates and questions for whom or upon which the voter is legally entitled to vote;
(3) provides for write-in voting when authorized;
(4) automatically rejects, except as provided in section 206.84 with respect to write-in votes, all votes for an office or question when the number of votes cast on it exceeds the number which the voter is entitled to cast;
(5) permits a voter at a primary election to select secretly the party for which the voter wishes to vote;
(6) automatically rejects all votes cast in a primary election by a voter when the voter votes for candidates of more than one party; and
(7) provides every voter an opportunity to verify votes recorded on the permanent paper ballot, either visually or using assistive voting technology, and to change votes or correct any error before the voter's ballot is cast and counted, produces an individual, discrete, permanent, paper ballot cast by the voter, and preserves the paper ballot as an official record available for use in any recount.
(b) An electronic voting system purchased on or after June 4, 2005, may not be employed unless it:
(1) accepts and tabulates, in the polling
place or at a counting center, a marked optical scan ballot; or
(2) creates a marked optical scan ballot
that can be tabulated in the polling place or at a counting center by automatic
tabulating equipment certified for use in this state.; or
(3)
creates a marked paper ballot indicating, at a minimum, the date of the
election, the name of the precinct, an electronically readable precinct
identifier or ballot style indicator, and the voter's votes for each office or
question, generated from the voter's use of a touch screen or other electronic
device on which a complete ballot meeting the information requirements of any
applicable law was displayed electronically.
(c) Jurisdictions using multiple ballot
formats must not record the ballot formats of electronic voting system used by
a particular voter.
Sec. 57. [206.802]
ELECTRONIC VOTING SYSTEMS; PURCHASING.
Any new voting equipment purchased for
use in Minnesota for the purpose of replacing a voting system must have the
ability to:
(1) capture and store ballot data;
(2) keep data anonymous;
(3) accept ranked or cumulative voting
data under a variety of tabulation rules;
(4)
be programmable to follow all other specifications of the ranked-choice voting
system as provided in chapter 204E;
(5) provide a minimum of three rankings
for ranked-choice voting elections;
(6) notify voters of the following
errors: overvotes, skipped rankings, and
duplicate rankings in a ranked-choice voting election; and
(7) be programmable to print a zero
tape indicating all rankings for all candidates in a ranked-choice voting
election.
EFFECTIVE
DATE. This section is
effective upon certification by the secretary of state that equipment meeting
the standards required by this section is available for purchase and
implementation.
Sec. 58. Minnesota Statutes 2018, section 206.82, subdivision 1, is amended to read:
Subdivision 1. Program. A program or programs for use in an election conducted by means of an electronic voting system or using an electronic ballot marker shall be prepared at the direction of the county auditor or municipal clerk who is responsible for the conduct of the election and shall be independently verified by a competent person designated by that official. The term "competent person" as used in this section means a person who can demonstrate knowledge as a computer programmer and who is other than and wholly independent of any person operating or employed by the counting center or the corporation or other preparer of the program. A test deck prepared by a competent person shall be used for independent verification of the program; it shall test the maximum digits used in totaling the returns and shall be usable by insertion during the tabulation process as well as prior to tabulation. A test deck must also be prepared using the electronic ballot marker program and must also be used to verify that all valid votes counted by the vote tabulator may be selected using the electronic ballot marker. The computer program for any election and an exact duplicate of the program for use as backup must be completed and delivered to the election jurisdiction or the county auditor in charge of a common central counting center at least 40 days prior to the election. The secretary of state shall adopt rules further specifying test procedures.
Sec. 59. Minnesota Statutes 2018, section 206.83, is amended to read:
206.83
TESTING OF VOTING SYSTEMS.
(a) Within 14 37 days
before election day, the official in charge of elections shall have the voting
system tested to ascertain that the system will correctly mark ballots using
all methods supported by the system, including ranked‑choice voting if
applicable, and through assistive technology, and count the votes cast for
all candidates and on all questions. Public
notice of the time and place of the test must be given at least two days in
advance by publication once in official newspapers. The test must be observed by at least two
election judges, who are not of the same major political party, and must be
open to representatives of the political parties, candidates, the press, and
the public. The test must be conducted
by (1) processing a preaudited group of ballots punched or marked to record a
predetermined number of valid votes for each candidate and on each question,
and must include for each office one or more ballot cards which have votes in excess
of the number allowed by law in order to test the ability of the voting system
tabulator and electronic ballot marker to reject those votes; and (2)
processing an additional test deck of ballots marked using the electronic
ballot marker for the precinct, including ballots marked using the electronic
ballot display, audio ballot reader, and any assistive voting technology used
with the electronic ballot marker. If
an election is to be conducted using ranked-choice voting, the equipment must
also be tested to ensure that each ranking for each candidate is recorded
properly.
(b) If any error is detected, the cause must be ascertained and corrected and an errorless count must be made before the voting system may be used in the election.
(c) After the completion of the test, the programs used and ballot cards must be sealed, retained, and disposed of as provided for paper ballots.
Sec. 60. Minnesota Statutes 2018, section 206.86, is amended by adding a subdivision to read:
Subd. 5a. Ballots
in precincts with multiple styles of voting system. (a) This subdivision applies only to
precincts using a ballot format as provided by section 206.80, paragraph (b),
clause (3), that was used by ten or fewer voters.
(b) In the event the results of a precinct
are subject to a recount under section 204C.35 or 204C.36, or are subject to
postelection review under section 206.89, the election judges from that
precinct are not eligible to participate in conducting a recount or
postelection review in that precinct.
Sec. 61. Minnesota Statutes 2018, section 206.89, subdivision 2, is amended to read:
Subd. 2. Selection for review; notice. At the canvass of the state primary, the county canvassing board in each county must set the date, time, and place for the postelection review of the state general election to be held under this section. In jurisdictions where ranked-choice voting is used, the date, time, and place for postelection review must be set by the county auditor at least 30 days before the election. The postelection review must not begin before the 11th day after the state general election and must be complete no later than the 18th day after the state general election.
At the canvass of the state general election, the county canvassing boards must select the precincts to be reviewed by lot. The ballots to be reviewed for a precinct include both the ballots counted at the polling place for that precinct and the absentee ballots counted centrally by a ballot board for that precinct. The county canvassing board of a county with fewer than 50,000 registered voters must conduct a postelection review of a total of at least two precincts. The county canvassing board of a county with between 50,000 and 100,000 registered voters must conduct a review of a total of at least three precincts. The county canvassing board of a county with over 100,000 registered voters must conduct a review of a total of at least four precincts, or three percent of the total number of precincts in the county, whichever is greater. At least one precinct selected in each county must have had more than 150 votes cast at the general election.
The county auditor must notify the secretary of state of the precincts that have been chosen for review and the time and place the postelection review for that county will be conducted, as soon as the decisions are made. If the selection of precincts has not resulted in the selection of at least four precincts in each congressional district, the secretary of state may require counties to select by lot additional precincts to meet the congressional district requirement. The secretary of state must post this information on the office website.
Sec. 62. Minnesota Statutes 2018, section 206.89, subdivision 3, is amended to read:
Subd. 3. Scope and conduct of review. The county canvassing board shall appoint the postelection review official as defined in subdivision 1. The postelection review must be conducted of the votes cast for president or governor; United States senator; and United States representative. In jurisdictions where ranked-choice voting is used, the review must also include at least one single-seat ranked-choice voting election and at least one multiple‑seat ranked-choice voting election, if such an election occurred. A postelection review of a ranked-choice voting election must be conducted for elections decided most closely in the final round, by percentage. The postelection review official may conduct postelection review of the votes cast for additional offices.
The postelection review must be conducted in public at the location where the voted ballots have been securely stored after the state general election or at another location chosen by the county canvassing board. The postelection review official for each precinct selected must conduct the postelection review and may be assisted by election judges designated by the postelection review official for this purpose. The party balance requirement of section 204B.19 applies to election judges designated for the review. The postelection review must consist of a manual count of the ballots used in the precincts selected and must be performed in the manner provided by section 204C.21. The postelection review must be conducted in the manner provided for recounts under section 204C.361 to the extent practicable, and where ranked-choice voting is used, must include testing of the accumulation software using stored electronic data for those precincts that are not reviewed by manual count. The review must be completed no later than two days before the meeting of the state canvassing board to certify the results of the state general election.
Sec. 63. Minnesota Statutes 2018, section 207A.12, is amended to read:
207A.12
CONDUCTING PRESIDENTIAL NOMINATION PRIMARY.
(a) Except as otherwise provided by law, the presidential nomination primary must be conducted, and the results canvassed and returned, in the manner provided by law for the state primary.
(b) An individual seeking to vote at the
presidential nomination primary must be registered to vote pursuant to section
201.054, subdivision 1. The voter must
request the ballot of the party for whose candidate the individual wishes to
vote. Notwithstanding section 204C.18,
subdivision 1, the election judge must record in the polling place roster the
name of the political party whose ballot the voter requested. When posting voter history pursuant to
section 201.171, the county auditor must include the name of the political
party whose ballot the voter requested. The
voter instruction posters, pamphlets, and other informational materials
prepared for a presidential primary by the secretary of state pursuant to
section 204B.27 must include information about the requirements of this
paragraph, including a notice that the voter's choice of a political party's
ballot will be recorded and is public information.
(c) Immediately after the state
canvassing board declares the results of the presidential nomination primary,
the secretary of state must notify the chair of each party of the results.
(d) The results of the presidential
nomination primary must bind the election of delegates in each party.
(b) An individual seeking to vote at the
presidential nomination primary must be registered to vote pursuant to section
201.054, subdivision 1. The voter must
declare the party for whose candidate the voter wishes to vote. Notwithstanding section 204C.18, subdivision
1, the election judge must record in the polling place roster the name
of
the political party the voter declared. When
posting voter history under section 201.171, the county auditor must include
the name of the political party the voter declared. The voter instruction posters, pamphlets, and
other informational materials prepared for a presidential nomination primary by
the secretary of state under section 204B.27, must include information about
the requirements of this paragraph, including a notice that the voter's choice
of a political party will be recorded.
Sec. 64. Minnesota Statutes 2018, section 207A.13, is amended to read:
207A.13
FORM OF BALLOTS AND ENVELOPES; CANDIDATES ON BALLOT.
Subdivision 1. Form of
ballots. (a) Except as provided
by law, presidential nomination primary ballots shall be printed in the same
manner as state primary ballots as far as practicable. A sufficient number of each ballot ballots
shall be printed for each precinct and ward in the state.
(b) There must be separate ballots for
the names of the candidates of each political party. Each ballot must be a single ballot
for the presidential nomination primary.
The ballot shall be headed by the words "Presidential
Nomination Primary Ballot." The
heading must also indicate the party that appears on the ballot The
presidential nomination primary is exempt from the base rotation requirements
of Minnesota Rules, part 8220.0825.
(c) If requested by a party chair, the column on the ballot for that party must contain a place for a voter to indicate a preference for having delegates to the party's national convention remain uncommitted. If requested by a party chair, the column on the ballot for that party must contain a blank line printed below the other choices on the ballot so that a voter may write in the name of a person who is not listed on the ballot. A request under this paragraph must be submitted to the secretary of state no later than 63 days before the presidential nomination primary.
Subd. 1a. Form
of envelope. The signature
envelope must include:
(1) a place for the voter to select
which party the voter will vote for; and
(2) the following statement: "I am in general agreement with the
principles of the party for whose candidate I intend to vote."
Subd. 2. Candidates
on the ballot. (a) Each party must
determine which candidates are to be placed on the presidential nomination
primary ballot for that party. The chair
of each party must submit to the secretary of state the names of the candidates
to appear on the ballot for that party no later than 63 days before the
presidential nomination primary. Once
submitted, changes must not be made to the candidates that will appear on the
ballot.
(b) No later than the seventh day before the presidential nomination primary, the chair of each party must submit to the secretary of state the names of write-in candidates, if any, to be counted for that party.
Sec. 65. [207A.131]
BALLOT BOARD; PARTY LISTS; PRIMARY RESULTS.
Subdivision 1. Ballot board. (a) The county auditor must appoint a ballot board to examine the signature envelopes and mark them "accepted" or "rejected" as provided in section 203B.121. For each signature envelope examined, the county auditor, or designee on the ballot board, must record in the polling place roster the name of the political party selected by the voter. If a voter did not select a party or selected more than one party, the ballot board must reject the ballot. The selection of a political party must not be included in the public information list.
(b)
After opening a signature envelope, the secrecy envelope must be removed and
placed into the pile corresponding to the party selected by the voter on the
signature envelope. When the secrecy
envelopes are opened, a ballot must be spoiled if:
(1) there are votes for more than one
party; or
(2) the party voted for does not
correspond to the party in which pile the ballot was placed.
Subd. 2. Party
list. The secretary of state
must maintain a list of each voter who voted in the presidential nomination
primary and the party selected by that voter.
Information maintained on the list is private data on individuals as
defined under section 13.02, subdivision 12, except that the secretary of state
must provide to the chair of each major political party a list of voters who
selected that party for the most recent presidential nomination primary.
Subd. 3. Results. Immediately after the state canvassing
board declares the results of the presidential nomination primary, the
secretary of state must notify the chair of each party of the results. The results of the presidential nomination
primary must bind the election of delegates in each party.
Sec. 66. Minnesota Statutes 2018, section 207A.14, is amended to read:
207A.14
NOTICE OF PRESIDENTIAL NOMINATION PRIMARY; SAMPLE BALLOTS.
Subdivision 1. Notice of primary to counties and municipalities. Twenty weeks before a presidential nomination primary is to be held, the secretary of state shall provide notice to the county auditor of each county of the date of the presidential nomination primary. Within ten days after notification by the secretary of state, each county auditor shall provide notice of the date of the presidential nomination primary to each municipal clerk in the county.
Subd. 2. Sample
ballots. No later than 70 days
before the presidential nomination primary, the secretary of state must supply
each county auditor with a sample ballots ballot to be
used at the presidential nomination primary.
The sample ballots ballot must illustrate the format
required for the ballots used in the presidential nomination primary.
Subd. 3. Notice
of primary to public. At least 15
days before the date of the presidential nomination primary, each municipal
clerk shall post a public notice stating the date of the presidential
nomination primary, the location of each polling place in the municipality, the
hours during which the polling places in the municipality will be open, and
information about the requirements of section 207A.12, paragraph (b),
including a notice that the voter's choice of a political party's ballot
will be recorded and is public information.
The county auditor shall post a similar notice in the auditor's office
with information for any polling places in unorganized territory in the county. The governing body of a municipality or
county may publish the notice in addition to posting it. Failure to give notice does not invalidate
the election.
Sec. 67. Minnesota Statutes 2018, section 207A.15, subdivision 2, is amended to read:
Subd. 2. Reimbursable
local expenses. (a) The secretary of
state shall reimburse the counties and municipalities for expenses incurred in
the administration of the presidential nomination primary from money contained
in the presidential nomination primary elections account. The following expenses are eligible for
reimbursement: preparation and printing
of ballots; postage for absentee mailing and returning ballots;
publication of the sample ballot; preparation of polling places in an amount
not to exceed $150 per polling place; preparation of electronic voting systems
in an amount not to exceed $100 per precinct; compensation for temporary
staff or
overtime
payments; salaries of election judges; and compensation of county
canvassing board members; and other expenses as approved by the secretary of
state. The secretary's procedures
for approving other expenses are exempt from chapter 14, and section 14.386
does not apply.
(b) Within 60 days after the results of a presidential nomination primary are certified by the State Canvassing Board, the county auditor must submit a request for payment of the costs incurred by the county for conducting the presidential nomination primary, and the municipal clerk must submit a request for payment of the costs incurred by the municipality for conducting the presidential nomination primary. The request for payment must be submitted to the secretary of state, and must be accompanied by an itemized description of actual county or municipal expenditures, including copies of invoices. In addition, the county auditor or municipal clerk must certify that the request for reimbursement is based on actual costs incurred by the county or municipality in the presidential nomination primary.
(c) The secretary of state shall provide each county and municipality with the appropriate forms for requesting payment and certifying expenses under this subdivision. The secretary of state must not reimburse expenses unless the request for payment and certification of costs has been submitted as provided in this subdivision. The secretary of state must complete the issuance of reimbursements to the counties and municipalities no later than 90 days after the results of the presidential nomination primary have been certified by the State Canvassing Board.
Sec. 68. [208.051] AGREEMENT AMONG THE STATES TO
ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE.
The Agreement Among the States to Elect the President by
National Popular Vote is enacted into law and entered into with all other
states legally joining in it in substantially the following form:
Article I - Membership
Any state of the United States and the District of Columbia may become a member of this agreement by enacting this agreement.
Article II - Right
of the People in Member States to
Vote for President and Vice President
Each member state shall conduct a statewide popular election for president and vice president of the United States.
Article III - Manner of Appointing Presidential Electors in Member States
Prior to the time set by law for the meeting and voting
by the presidential electors, the chief election official of each member state
shall determine the number of votes for each presidential slate in each state
of the United States and in the District of Columbia in which votes have been
cast in a statewide popular election and shall add such votes together to
produce a "national popular vote total" for each presidential slate. The chief election official of each member
state shall designate the presidential slate with the largest national popular
vote total as the "national popular vote winner." The presidential elector certifying official
of each member state shall certify the appointment in that official's own state
of the elector slate nominated in that state in association with the national
popular vote winner. At least six days
before the day fixed by law for the meeting and voting by the presidential
electors, each member state shall make a final determination of the number of
popular votes cast in the state for each presidential slate and shall
communicate an official statement of such determination within 24 hours to the
chief election official of each other member state. The chief election official of each member
state shall treat as conclusive an official statement containing the number of
popular votes in a state for each presidential slate made by the day
established
by
federal law for making a state's final determination conclusive as to the
counting of electoral votes by Congress.
In event of a tie for the national popular vote winner, the presidential
elector certifying official of each member state shall certify the appointment
of the elector slate nominated in association with the presidential slate
receiving the largest number of popular votes within that official's own state. If, for any reason, the number of
presidential electors nominated in a member state in association with the
national popular vote winner is less than or greater than that state's number
of electoral votes, the presidential candidate on the presidential slate that
has been designated as the national popular vote winner shall have the power to
nominate the presidential electors for that state and that state's presidential
elector certifying official shall certify the appointment of such nominees. The chief election official of each member
state shall immediately release to the public all vote counts or statements of
votes as they are determined or obtained.
This article shall govern the appointment of presidential electors in
each member state in any year in which this agreement is, on July 20, in effect
in states cumulatively possessing a majority of the electoral votes.
Article IV - Other Provisions
This agreement shall take effect when
states cumulatively possessing a majority of the electoral votes have enacted
this agreement in substantially the same form and the enactments by such states
have taken effect in each state. Any
member state may withdraw from this agreement, except that a withdrawal
occurring six months or less before the end of a president's term shall not
become effective until a president or vice president shall have been qualified
to serve the next term. The chief
executive of each member state shall promptly notify the chief executive of all
other states of when this agreement has been enacted and has taken effect in
that official's state, when the state has withdrawn from this agreement, and
when this agreement takes effect generally.
This agreement shall terminate if the electoral college is abolished. If any provision of this agreement is held
invalid, the remaining provisions shall not be affected.
Article V - Definitions
For purposes of this agreement,
"chief executive" means the
governor of a state of the United States or the mayor of the District of Columbia;
"elector slate" means a slate
of candidates who have been nominated in a state for the position of
presidential elector in association with a presidential slate;
"chief election official"
means the state official or body that is authorized to certify the total number
of popular votes for each presidential slate;
"presidential elector" means
an elector for president and vice president of the United States;
"presidential elector certifying official" means the state official or body that is authorized to certify the appointment of the state's presidential electors;
"presidential slate" means a
slate of two persons, the first of whom has been nominated as a candidate for
president of the United States and the second of whom has been nominated as a
candidate for vice president of the United States, or any legal successors to
such persons, regardless of whether both names appear on the ballot presented
to the voter in a particular state;
"state" means a state of the United States and the District of Columbia; and
"statewide popular election"
means a general election in which votes are cast for presidential slates by
individual voters and counted on a statewide basis.
Sec. 69. [243.205]
NOTICE OF RESTORATION OF RIGHT TO VOTE.
Subdivision 1. Correctional
facilities; designation of official.
The chief executive officer of each state and local correctional
facility shall designate an official within the facility to provide the notice
and application required under this section to persons to whom the civil right
to vote is restored by reason of the persons' release from actual incarceration. The official shall maintain an adequate
supply of voter registration applications and informational materials for this
purpose.
Subd. 2. Notice
requirement. A notice of
restoration of the civil right to vote and a voter registration application
must be provided as follows:
(1) the chief executive officer of each
state and local correctional facility shall provide the notice and application
to a person being released from the facility following incarceration for a
felony-level offense; and
(2) a probation officer or supervised
release agent shall provide the notice and application to all individuals under
correctional supervision for a felony-level offense.
Subd. 3. Form
of notice. The notice
required by subdivision 2 must appear substantially as follows:
"NOTICE OF
RESTORATION OF YOUR RIGHT TO VOTE.
Your receipt of this notice today means
that your right to vote in Minnesota has been restored. Before you can vote on election day, you
still need to register to vote. To
register, you may complete a voter registration application and return it to
the Office of the Minnesota Secretary of State.
You may also register to vote in your polling place on election day. You will not be permitted to cast a ballot
until you register to vote. The first
time you appear at your polling place to cast a ballot, you may be required to
provide proof of your current residence."
Subd. 4. Failure
to provide notice. A failure
to provide proper notice as required by this section does not prevent the
restoration of the person's civil right to vote.
Sec. 70. Minnesota Statutes 2018, section 473.408, is amended by adding a subdivision to read:
Subd. 11. Transit
service on election day. (a)
The Metropolitan Council shall provide regular route transit, as defined under
section 473.385, subdivision 1, paragraph (b), free of charge on a day a state
general election is held.
(b) The requirements under this
subdivision apply to operators of regular route transit (1) receiving financial
assistance under section 473.388, or (2) operating under section 473.405,
subdivision 12.
EFFECTIVE
DATE; APPLICATION. This
section is effective July 1, 2020, and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 71. Minnesota Statutes 2018, section 609.165, subdivision 1, is amended to read:
Subdivision 1. Restoration. Except as provided in section 201.014,
subdivision 2a, when a person has been deprived of civil rights by reason
of conviction of a crime and is thereafter discharged, such discharge shall
restore the person to all civil rights and to full citizenship, with full
right to vote and hold office, the same as if such conviction had not taken
place, and the order of discharge shall so provide.
Sec. 72. HELP
AMERICA VOTE ACT TRANSFERS AND APPROPRIATIONS; SECRETARY OF STATE.
(a) $6,595,610 is appropriated in fiscal
year 2019 from the HAVA account established in Minnesota Statutes, section
5.30, to the secretary of state for the purposes of improving the
administration and security of elections as authorized by federal law,
including but not limited to any of the following activities:
(1) modernizing, securing, and updating
the statewide voter registration system and for cybersecurity upgrades as
authorized by federal law;
(2) improving accessibility;
(3) preparing training materials and
training local election officials;
(4) implementing security improvements
for election systems; and
(5) funding other activities to improve
the security of elections.
(b) Any amount earned in interest on the
amount appropriated under paragraph (a) is appropriated from the HAVA account
to the secretary of state for purposes of improving the administration and
security of elections as authorized by federal law.
(c) The appropriations under paragraphs
(a) and (b) are onetime and available until March 23, 2023.
(d) $167,000 expended by the secretary
of state in fiscal years 2018 and 2019 for increasing secure access to the
statewide voter registration system is deemed:
(1) to be money used for carrying out the purposes authorized under the
Omnibus Appropriations Act of 2018, Public Law 115-1410, and the Help America
Vote Act of 2002, Public Law 107-252, section 101; and (2) to be credited
toward any match required by those laws.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 73. APPROPRIATION;
EARLY VOTING.
$....... in fiscal year 2020 is appropriated
from the general fund to the secretary of state to implement early voting
requirements of this article.
Sec. 74. REPEALER;
EARLY VOTING.
Minnesota Statutes 2018, section
203B.081, subdivision 3, is repealed.
Sec. 75. EFFECTIVE
DATE; EARLY VOTING.
The provisions of this article related
to early voting are effective when the secretary of state has certified that:
(1) the statewide voter registration
system has been tested and shown to properly allow for the tracking of the
information required to conduct early voting, and can handle the expected
volume of use; and
(2) precinct voting equipment that can
tabulate at least 30 different ballot styles has been certified for use in this
state. Upon certification pursuant to
this section, the provisions of this act related to early voting apply to all
federal, state, and county elections held on August 1, 2019, and thereafter. A jurisdiction may implement the requirements
of this act prior to the date provided in this section, if the secretary of
state has made the required certifications at least 90 days prior to the date
of the election at which early voting will be used.
ARTICLE 2
CAMPAIGN FINANCE
Section 1. Minnesota Statutes 2018, section 10A.01, subdivision 4, is amended to read:
Subd. 4. Approved
expenditure. "Approved
expenditure" means an expenditure made on behalf of a candidate or a
local candidate by an entity other than the candidate's principal
campaign committee of the candidate or the local candidate, if
the expenditure is made with the authorization or expressed or implied consent
of, or in cooperation or in concert with, or at the request or suggestion of
the candidate or local candidate, the candidate's principal campaign
committee, or the candidate's or local candidate's agent. An approved expenditure is a contribution to
that candidate or local candidate.
Sec. 2. Minnesota Statutes 2018, section 10A.01, subdivision 7, is amended to read:
Subd. 7. Ballot
question. "Ballot
question" means a question or proposition that is placed on the ballot and
that may be voted on by:
(1) all voters of the state.;
(2) all voters of Hennepin County;
(3) all voters of any home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more; or
(4) all voters of Special School
District No. 1.
"Promoting or defeating a ballot question" includes activities, other than lobbying activities, related to qualifying the question for placement on the ballot.
Sec. 3. Minnesota Statutes 2018, section 10A.01, subdivision 9, is amended to read:
Subd. 9. Campaign expenditure. "Campaign expenditure" or "expenditure" means a purchase or payment of money or anything of value, or an advance of credit, made or incurred for the purpose of influencing the nomination or election of a candidate or a local candidate or for the purpose of promoting or defeating a ballot question.
An expenditure is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services.
An expenditure made for the purpose of defeating a candidate or a local candidate is considered made for the purpose of influencing the nomination or election of that candidate or local candidate or any opponent of that candidate or local candidate.
Except as provided in clause (1), "expenditure" includes the dollar value of a donation in kind.
"Expenditure" does not include:
(1) noncampaign disbursements as defined in subdivision 26;
(2) services provided without compensation by an individual volunteering personal time on behalf of a candidate or a local candidate, ballot question, political committee, political fund, principal campaign committee, or party unit;
(3) the publishing or broadcasting of news items or editorial comments by the news media; or
(4) an individual's unreimbursed personal use of an automobile owned by the individual and used by the individual while volunteering personal time.
Sec. 4. Minnesota Statutes 2018, section 10A.01, is amended by adding a subdivision to read:
Subd. 10d. Local
candidate. "Local
candidate" means an individual who seeks nomination or election to:
(1) any county office in Hennepin
County;
(2) any city office in any home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more; or
(3) the school board in Special School
District No. 1.
Sec. 5. Minnesota Statutes 2018, section 10A.01, subdivision 11, is amended to read:
Subd. 11. Contribution. (a) "Contribution" means money, a negotiable instrument, or a donation in kind that is given to a political committee, political fund, principal campaign committee, local candidate, or party unit. An allocation by an association of general treasury money to be used for activities that must be or are reported through the association's political fund is considered to be a contribution for the purposes of disclosure required by this chapter.
(b) "Contribution" includes a loan or advance of credit to a political committee, political fund, principal campaign committee, local candidate, or party unit, if the loan or advance of credit is: (1) forgiven; or (2) repaid by an individual or an association other than the political committee, political fund, principal campaign committee, local candidate, or party unit to which the loan or advance of credit was made. If an advance of credit or a loan is forgiven or repaid as provided in this paragraph, it is a contribution in the year in which the loan or advance of credit was made.
(c) "Contribution" does not include services provided without compensation by an individual volunteering personal time on behalf of a candidate, local candidate, ballot question, political committee, political fund, principal campaign committee, or party unit; the publishing or broadcasting of news items or editorial comments by the news media; or an individual's unreimbursed personal use of an automobile owned by the individual while volunteering personal time.
Sec. 6. Minnesota Statutes 2018, section 10A.01, subdivision 16a, is amended to read:
Subd. 16a. Expressly
advocating. "Expressly
advocating" means:
(1) that a communication clearly
identifies a candidate or a local candidate and uses words or phrases of
express advocacy.; or
(2) that a communication when taken as
a whole and with limited reference to external events, such as the proximity to
the election, is susceptible of no reasonable interpretation other than as an
appeal advocating the election or defeat of one or more clearly identified
candidates.
EFFECTIVE
DATE. This section is
effective August 1, 2019, except that clause (2) is effective January 1, 2020,
and applies to expenditures and electioneering communications made on or after
that date.
Sec. 7. Minnesota Statutes 2018, section 10A.01, subdivision 17c, is amended to read:
Subd. 17c. General treasury money. "General treasury money" means money that an association other than a principal campaign committee, party unit, or political committee accumulates through membership dues and fees, donations to the association for its general purposes, and income from the operation of a business. General treasury money does not include money collected to influence the nomination or election of candidates or local candidates or to promote or defeat a ballot question.
Sec. 8. Minnesota Statutes 2018, section 10A.01, subdivision 18, is amended to read:
Subd. 18. Independent expenditure. "Independent expenditure" means an expenditure expressly advocating the election or defeat of a clearly identified candidate or local candidate, if the expenditure is made without the express or implied consent, authorization, or cooperation of, and not in concert with or at the request or suggestion of, any candidate or any candidate's principal campaign committee or agent or any local candidate or local candidate's agent. An independent expenditure is not a contribution to that candidate or local candidate. An independent expenditure does not include the act of announcing a formal public endorsement of a candidate or local candidate for public office, unless the act is simultaneously accompanied by an expenditure that would otherwise qualify as an independent expenditure under this subdivision.
Sec. 9. Minnesota Statutes 2018, section 10A.01, subdivision 20, is amended to read:
Subd. 20. Loan. "Loan" means an advance of money or anything of value made to a political committee, political fund, principal campaign committee, local candidate, or party unit.
Sec. 10. Minnesota Statutes 2018, section 10A.01, subdivision 26, is amended to read:
Subd. 26. Noncampaign disbursement. (a) "Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, or a donation in kind received, by a principal campaign committee for any of the following purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, and necessary utensils and supplies, entertainment, and facility rental for a fund-raising event;
(6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch as provided in section 10A.173, subdivision 1;
(7) payment for food and beverages consumed by a candidate or volunteers while they are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending a reception or meeting directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities;
(10) payment by a principal campaign committee of the candidate's expenses for serving in public office, other than for personal uses;
(11) costs of child care for the candidate's children when campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a postelection party during the election year when a candidate's name will no longer appear on a ballot or the general election is concluded, whichever occurs first;
(14) interest on loans paid by a principal campaign committee on outstanding loans;
(15) filing fees;
(16) post-general election holiday or seasonal cards, thank-you notes, or advertisements in the news media mailed or published prior to the end of the election cycle;
(17) the cost of campaign material purchased to replace defective campaign material, if the defective material is destroyed without being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials;
(20) the cost of a magnet less than six inches in diameter containing legislator contact information and distributed to constituents;
(21) costs associated with a candidate attending a political party state or national convention in this state;
(22) other purchases or payments specified in board rules or advisory opinions as being for any purpose other than to influence the nomination or election of a candidate or to promote or defeat a ballot question;
(23) costs paid to a third party for processing contributions made by a credit card, debit card, or electronic check;
(24) a contribution to a fund established to support a candidate's participation in a recount of ballots affecting that candidate's election;
(25) costs paid by a candidate's principal campaign committee for a single reception given in honor of the candidate's retirement from public office after the filing period for affidavits of candidacy for that office has closed;
(26) a donation from a terminating
principal campaign committee to the state general fund; and
(27) a donation from a terminating
principal campaign committee to a county obligated to incur special election
expenses due to that candidate's resignation from state office.; and
(28) payment of security-related
expenses for a candidate and any immediate family members of the candidate
residing in the candidate's household, including but not limited to home
security cameras, a home security system, and identity theft monitoring
services.
(b) The board must determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision.
(c) A noncampaign disbursement is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services.
Sec. 11. Minnesota Statutes 2018, section 10A.01, subdivision 27, is amended to read:
Subd. 27. Political committee. "Political committee" means an association whose major purpose is to influence the nomination or election of one or more candidates or local candidates or to promote or defeat a ballot question, other than a principal campaign committee, local candidate, or a political party unit.
Sec. 12. Minnesota Statutes 2018, section 10A.01, subdivision 28, is amended to read:
Subd. 28. Political fund. "Political fund" means an accumulation of dues or voluntary contributions by an association other than a political committee, principal campaign committee, or party unit, if the accumulation is collected or expended to influence the nomination or election of one or more candidates or local candidates or to promote or defeat a ballot question. The term political fund as used in this chapter may also refer to the association acting through its political fund.
Sec. 13. Minnesota Statutes 2018, section 10A.12, subdivision 1, is amended to read:
Subdivision 1. When required for contributions and approved expenditures. An association other than a political committee or party unit may not contribute more than $750 in aggregate in any calendar year to candidates, local candidates, political committees, or party units or make approved expenditures of more than $750 in aggregate in any calendar year unless the contribution or expenditure is made through a political fund.
Sec. 14. Minnesota Statutes 2018, section 10A.12, subdivision 2, is amended to read:
Subd. 2. Commingling prohibited. The contents of an association's political fund may not be commingled with other funds or with the personal funds of an officer or member of the association or the fund. It is not commingling for an association that uses only its own general treasury money to make expenditures and disbursements permitted under section 10A.121, subdivision 1, directly from the depository used for its general treasury money. An association that accepts more than $1,500 in aggregate in contributions to influence the nomination or election of candidates or local candidates or more than $5,000 in contributions to promote or defeat a ballot question must establish a separate depository for those contributions.
Sec. 15. Minnesota Statutes 2018, section 10A.121, subdivision 1, is amended to read:
Subdivision 1. Permitted disbursements. An independent expenditure political committee or fund, or a ballot question political committee or fund, may:
(1) pay costs associated with its fund-raising and general operations;
(2) pay for communications that do not constitute contributions or approved expenditures;
(3) make contributions to independent expenditure or ballot question political committees or funds;
(4) make independent expenditures;
(5) make expenditures to promote or defeat ballot questions;
(6) return a contribution to its source;
(7) for a political fund, record bookkeeping
entries transferring the association's general treasury money allocated for
political purposes back to the general treasury of the association; and
(8) for a political fund, return general
treasury money transferred to a separate depository to the general depository
of the association.; and
(9) make disbursements for electioneering
communications.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to expenditures and electioneering
communications made on or after that date.
Sec. 16. Minnesota Statutes 2018, section 10A.121, subdivision 2, is amended to read:
Subd. 2. Penalty. (a) An independent expenditure political committee or independent expenditure political fund is subject to a civil penalty of up to four times the amount of the contribution or approved expenditure if it does the following:
(1) makes a contribution to a candidate, local candidate, party unit, political committee, or political fund other than an independent expenditure political committee or an independent expenditure political fund; or
(2) makes an approved expenditure.
(b) No other penalty provided in law may be imposed for conduct that is subject to a civil penalty under this section.
Sec. 17. Minnesota Statutes 2018, section 10A.13, subdivision 1, is amended to read:
Subdivision 1. Accounts; penalty. The treasurer of a political committee, political fund, principal campaign committee, or party unit must keep an account of:
(1) the sum of all contributions, except any donation in kind valued at $20 or less, made to the committee, fund, or party unit;
(2) the name and address of each source of a contribution made to the committee, fund, or party unit in excess of $20, together with the date and amount of each;
(3) each expenditure made by the committee, fund, or party unit, together with the date and amount;
(4) each approved expenditure made on behalf of the committee, fund, or party unit, together with the date and amount; and
(5) the name and address of each political committee, political fund, principal campaign committee, local candidate, or party unit to which contributions in excess of $20 have been made, together with the date and amount.
Any individual who knowingly violates this subdivision is subject to a civil penalty imposed by the board of up to $1,000.
Sec. 18. Minnesota Statutes 2018, section 10A.17, subdivision 4, is amended to read:
Subd. 4. Independent expenditures. An individual, political committee, political fund, principal campaign committee, or party unit that independently solicits or accepts contributions or makes independent expenditures on behalf of a candidate or local candidate must publicly disclose that the expenditure is an independent expenditure. All written and broadcast communications with those from whom contributions are independently solicited or accepted or to whom independent expenditures are made on behalf of a candidate or local candidate must contain a statement in substantially the form provided in section 211B.04, subdivision 2. The statement must be on the front page of all written communications and at the end of all broadcast communications made by that individual, political committee, political fund, principal campaign committee, or party unit on the candidate's or local candidate's behalf.
Sec. 19. Minnesota Statutes 2018, section 10A.20, is amended by adding a subdivision to read:
Subd. 2a.
Local election reports. (a) This subdivision applies to a
political committee, political fund, or political party unit that during a
nongeneral election year:
(1) spends in aggregate more than $200 to influence the
nomination or election of local candidates;
(2) spends in aggregate more than $200 to make independent expenditures on behalf of local candidates; or
(3) spends in aggregate more than $200 to promote or
defeat ballot questions defined in section 10A.01, subdivision 7, clause (2),
(3), or (4).
(b) In addition to the reports required under
subdivision 2, the entities listed in paragraph (a) must file the following
reports in each nongeneral election year:
(1) a first-quarter report covering the calendar year
through March 31, which is due April 14;
(2) a report covering the calendar year through May 31, which is due June 14;
(3) a pre-primary-election report due 15 days before the
local primary election date specified in section 205.065;
(4) a pre-general-election report due 42 days before the local general election; and
(5) a pre-general-election report due ten days before a
local general election.
The reporting obligations in this paragraph begin with
the first report due after the reporting period in which the entity reaches the
spending threshold specified in paragraph (a).
Sec. 20. Minnesota Statutes 2018, section 10A.20, subdivision 3, is amended to read:
Subd. 3. Contents of report. (a) The report required by this section must include each of the items listed in paragraphs (b) to (q) that are applicable to the filer. The board shall prescribe forms based on filer type indicating which of those items must be included on the filer's report.
(b) The report must disclose the amount of liquid assets on hand at the beginning of the reporting period.
(c) The report must disclose the name, address, employer, or occupation if self-employed, and registration number if registered with the board, of each individual or association that has made one or more contributions to the reporting entity, including the purchase of tickets for a fund-raising effort, that in aggregate within the year exceed $200 for legislative or statewide candidates or more than $500 for ballot questions, together with the amount and
date of each contribution, and the aggregate amount of contributions within the year from each source so disclosed. A donation in kind must be disclosed at its fair market value. An approved expenditure must be listed as a donation in kind. A donation in kind is considered consumed in the reporting period in which it is received. The names of contributors must be listed in alphabetical order. Contributions from the same contributor must be listed under the same name. When a contribution received from a contributor in a reporting period is added to previously reported unitemized contributions from the same contributor and the aggregate exceeds the disclosure threshold of this paragraph, the name, address, and employer, or occupation if self-employed, of the contributor must then be listed on the report.
(d) The report must disclose the sum of contributions to the reporting entity during the reporting period.
(e) The report must disclose each loan made or received by the reporting entity within the year in aggregate in excess of $200, continuously reported until repaid or forgiven, together with the name, address, occupation, principal place of business, if any, and registration number if registered with the board of the lender and any endorser and the date and amount of the loan. If a loan made to the principal campaign committee of a candidate is forgiven or is repaid by an entity other than that principal campaign committee, it must be reported as a contribution for the year in which the loan was made.
(f) The report must disclose each receipt over $200 during the reporting period not otherwise listed under paragraphs (c) to (e).
(g) The report must disclose the sum of all receipts of the reporting entity during the reporting period.
(h) The report must disclose the following:
(1) the name, address, and
registration number if registered with the board of each individual or
association to whom aggregate expenditures, approved expenditures, independent
expenditures, and ballot question expenditures, and disbursements for
electioneering communications have been made by or on behalf of the
reporting entity within the year in excess of $200, together with;
(2) the amount, date, and purpose
of each expenditure, including an explanation of how the expenditure was used,
and;
(3) the name and address of, and
office sought by, each candidate or local candidate on whose behalf the
expenditure was made, or, in the case of electioneering
communications, each candidate identified positively in the communication;
(4) identification of the ballot
question that the expenditure was intended to promote or defeat and an
indication of whether the expenditure was to promote or to defeat the ballot
question,; and
(5) in the case of independent
expenditures made in opposition to a candidate, local candidate, or
electioneering communications in which a candidate is identified negatively,
the candidate's or local candidate's name, address, and office sought. A reporting entity making an expenditure on
behalf of more than one candidate for state or legislative office must
allocate the expenditure among the candidates or local candidates on a
reasonable cost basis and report the allocation for each candidate or local
candidate. The report must list
on separate schedules any independent expenditures made on behalf of local
candidates and any expenditures made for ballot questions as defined in section
10A.01, subdivision 7, clause (2), (3), or (4).
(i) The report must disclose the sum of all expenditures made by or on behalf of the reporting entity during the reporting period.
(j) The report must disclose the amount and nature of an advance of credit incurred by the reporting entity, continuously reported until paid or forgiven. If an advance of credit incurred by the principal campaign committee of a candidate is forgiven by the creditor or paid by an entity other than that principal campaign committee, it must be reported as a donation in kind for the year in which the advance of credit was made.
(k) The report must disclose the name,
address, and registration number if registered with the board of each political
committee, political fund, principal campaign committee, local candidate,
or party unit to which contributions have been made that aggregate in excess of
$200 within the year and the amount and date of each contribution. The report must list on separate schedules
any contributions made to state candidates' principal campaign committees and
any contributions made to local candidates.
(l) The report must disclose the sum of all contributions made by the reporting entity during the reporting period and must separately disclose the sum of all contributions made to local candidates by the reporting entity during the reporting period.
(m) The report must disclose the name, address, and registration number if registered with the board of each individual or association to whom noncampaign disbursements have been made that aggregate in excess of $200 within the year by or on behalf of the reporting entity and the amount, date, and purpose of each noncampaign disbursement, including an explanation of how the expenditure was used.
(n) The report must disclose the sum of all noncampaign disbursements made within the year by or on behalf of the reporting entity.
(o) The report must disclose the name and address of a nonprofit corporation that provides administrative assistance to a political committee or political fund as authorized by section 211B.15, subdivision 17, the type of administrative assistance provided, and the aggregate fair market value of each type of assistance provided to the political committee or political fund during the reporting period.
(p) Legislative, statewide, and judicial candidates, party units, and political committees and funds must itemize contributions that in aggregate within the year exceed $200 for legislative or statewide candidates or more than $500 for ballot questions on reports submitted to the board. The itemization must include the date on which the contribution was received, the individual or association that provided the contribution, and the address of the contributor. Additionally, the itemization for a donation in kind must provide a description of the item or service received. Contributions that are less than the itemization amount must be reported as an aggregate total.
(q) Legislative, statewide, and judicial candidates, party units, political committees and funds, and committees to promote or defeat a ballot question must itemize expenditures and noncampaign disbursements that in aggregate exceed $200 in a calendar year on reports submitted to the board. The itemization must include the date on which the committee made or became obligated to make the expenditure or disbursement, the name and address of the vendor that provided the service or item purchased, and a description of the service or item purchased, including an explanation of how the expenditure was used. Expenditures and noncampaign disbursements must be listed on the report alphabetically by vendor.
EFFECTIVE
DATE. This section is
effective August 1, 2019, except that the amendments related to electioneering
communications are effective January 1, 2020, and apply to expenditures and
electioneering communications made on or after that date.
Sec. 21. Minnesota Statutes 2018, section 10A.20, subdivision 6a, is amended to read:
Subd. 6a. Statement
of independence. An individual,
political committee, political fund, or party unit filing a report or statement
disclosing an independent expenditure under subdivision 3 or 6 must file with
the report a sworn statement that the disclosed expenditures were not made with
the authorization or expressed or implied consent of, or in cooperation or in
concert with, or at the request or suggestion of any candidate; or
any candidate's principal campaign committee or agent; any local candidate
or any local candidate's agent.
Sec. 22. [10A.201]
ELECTIONEERING COMMUNICATIONS.
Subdivision 1. Electioneering
communication. (a)
"Electioneering communication" means a communication distributed by
television, radio, satellite, the Internet, or cable broadcasting system; by
means of printed material, signs, or billboards; through the use of telephone
communications; or by electronic communication, including electronic mail or
electronic text messaging that:
(1) refers to a clearly identified
candidate;
(2) is made within:
(i) 30 days before a primary election or
special primary election for the office sought by the candidate; or
(ii) 60 days before a general election
or special election for the office sought by the candidate;
(3) is targeted to the relevant
electorate; and
(4) is made without the express or
implied consent, authorization, or cooperation of, and not in concert with or
at the request or suggestion of, a candidate or a candidate's principal
campaign committee or agent.
(b) Electioneering communication does
not include:
(1) the publishing or broadcasting of
news items or editorial comments by the news media;
(2) a communication that constitutes an
approved expenditure or an independent expenditure;
(3) a voter guide, which is a pamphlet or
similar printed material, intended to help voters compare candidates' positions
on a set of issues, as long as each of the following is true:
(i) the guide does not focus on a single
issue or a narrow range of issues, but includes questions and subjects
sufficient to encompass major issues of interest to the entire electorate;
(ii) the questions and any other
description of the issues are clear and unbiased in both their structure and
content;
(iii) the questions posed and provided to
the candidates are identical to those included in the guide;
(iv) each candidate included in the guide
is given a reasonable amount of time and the same opportunity as other
candidates to respond to the questions;
(v) if the candidate is given limited
choices for an answer to a question, for example: "support," "oppose,"
"yes," or "no," the candidate is also given an opportunity,
subject to reasonable limits, to explain the candidate's position in the
candidate's own words; the fact that a candidate provided an explanation is
clearly indicated in the guide; and the guide clearly indicates that the
explanations will be made available for public inspection, subject to
reasonable conditions;
(vi)
answers included in the guide are those provided by the candidates in response
to questions, the candidates' answers are unedited, and the answers appear in
close proximity to the question to which they respond;
(vii) if the guide includes candidates' positions based on information other than responses provided directly by the candidate, the positions are based on recorded votes or public statements of the candidates and are presented in an unedited and unbiased manner; and
(viii) the guide includes all major party
candidates for each office listed in the guide;
(4) a candidate forum or debate hosted
by one or more nonprofit organizations that does not endorse, support, or
oppose candidates, as long as each of the following is true:
(i) the forum or debate includes the
participation of at least two candidates for each office featured;
(ii) the forum or debate is structured
so that it does not promote one candidate or one candidate's issues of interest
over another; and
(iii) candidates are selected for
participation in the forum or debate based on preestablished, objective
criteria;
(5) any other communication specified in board rules or advisory opinions as being excluded from the definition of electioneering communication; or
(6) a communication that:
(i) refers to a clearly identified
candidate who is an incumbent member of the legislature or a constitutional
officer;
(ii) refers to a clearly identified
issue that is or was before the legislature in the form of an introduced bill;
and
(iii) is made when the legislature is
in session or within ten days after the last day of a regular session of the
legislature.
(c) A communication that meets the
requirements of paragraph (a) but is made with the authorization or express or
implied consent of, or in cooperation or in concert with, or at the request or
suggestion of a candidate, a candidate's principal campaign committee, or a
candidate's agent is an approved expenditure.
(d) Distributing a voter guide
questionnaire, survey, or similar document to candidates and communications
with candidates limited to obtaining their responses, without more, do not
constitute communications that would result in the voter guide being an
approved expenditure on behalf of the candidate.
Subd. 2. Targeted
to relevant electorate. (a)
For purposes of this section, a communication that refers to a clearly
identified candidate is targeted to the relevant electorate if the
communication is distributed to or can be received by more than 1,500 persons
in the district the candidate seeks to represent, in the case of a candidate
for the house of representatives, senate, or a district court judicial office
or by more than 6,000 persons in the state, in the case of a candidate for
constitutional office or appellate court judicial office. When determining the number of persons to
whom a communication in the form of printed material, telephone communication,
electronic mail, or electronic text messaging is distributed, an association
may exclude communications distributed to its own members.
(b)
A communication consisting of printed materials, other than signs, billboards,
or advertisements published in the print media, is targeted to the relevant
electorate if it meets the requirements of paragraph (a) and is distributed to
voters by means of United States mail or through direct delivery to a
resident's home or business.
Subd. 3. Disclosure
of electioneering communications. (a)
Electioneering communications made by a political
committee, a party unit, or a principal campaign committee must be disclosed on
the periodic reports of receipts and expenditures filed by the association on
the schedule and in accordance with the terms of section 10A.20.
(b) An association other than a
political committee, party unit, or principal campaign committee may register a
political fund with the board and disclose its electioneering communications on
the reports of receipts and expenditures filed by the political fund. If it does so, it must disclose its
disbursements for electioneering communications on the schedule and in
accordance with the terms of section 10A.20.
(c) An association that does not
disclose its disbursements for electioneering communications under paragraph
(a) or (b) must disclose its electioneering communications according to the
requirements of subdivision 4.
Subd. 4. Statement
required for electioneering communications.
(a) Except for associations providing disclosure as specified in
subdivision 3, paragraph (a) or (b), every person who makes a disbursement for
the costs of producing or distributing electioneering communications that
aggregate more than $1,500 in a calendar year must, within 24 hours of each
disclosure date, file with the board a disclosure statement containing the
information described in this subdivision.
(b) Each statement required to be filed
under this section must contain the following information:
(1) the names of: (i) the association making the disbursement;
(ii) any person exercising direction or control over the activities of the
association with respect to the disbursement; and (iii) the custodian of the
financial records of the association making the disbursement;
(2) the address of the association
making the disbursement;
(3) the amount of each disbursement of
more than $200 during the period covered by the statement, a description of the
purpose of the disbursement, and the identification of the person to whom the disbursement
was made;
(4) the names of the candidates
identified or to be identified in the communication;
(5) if the disbursements were paid out
of a segregated bank account that consists of funds donated specifically for
electioneering communications, the name and address of each person who gave the
association more than $200 in aggregate to that account during the period
beginning on the first day of the preceding calendar year and ending on the
disclosure date; and
(6) if the disbursements for electioneering
communications were made using general treasury money of the association, an
association that has paid more than $5,000 in aggregate for electioneering
communications during the calendar year must file with its disclosure statement
a written statement that includes the name, address, and amount attributable to
each person that paid the association membership dues or fees, or made
donations to the association that, in total, aggregate more than $5,000 of the
money used by the association for electioneering communications. The statement must also include the total
amount of the disbursements for electioneering communications attributable to
persons not subject to itemization under this clause. The statement must be certified as true by an
officer of the association that made the disbursements for the electioneering
communications.
(c)
To determine the amount of the membership dues or fees, or donations made by a
person to an association and attributable to the association's disbursements
for electioneering communications, the association must separately prorate the
total disbursements made for electioneering communications during the calendar
year over all general treasury money received during the calendar year.
(d) If the amount spent for electioneering
communications exceeds the amount of general treasury money received by the
association during that year:
(1) the electioneering communications
must be attributed first to all receipts of general treasury money received
during the calendar year in which the electioneering communications were made;
(2) any amount of current year
electioneering communications that exceeds the total of all receipts of general
treasury money during the current calendar year must be prorated over all
general treasury money received in the preceding calendar year; and
(3) if the allocation made in clauses
(1) and (2) is insufficient to cover the subject electioneering communications,
no further allocation is required.
(e) After a portion of the general
treasury money received by an association from a person has been designated as
the source of a disbursement for electioneering communications, that portion of
the association's general treasury money received from that person may not be
designated as the source of any other disbursement for electioneering
communications or as the source for any contribution to an independent
expenditure political committee or fund.
Subd. 5. Disclosure
date. For purposes of this
section, the term "disclosure date" means the earlier of:
(1) the first date on which an
electioneering communication is publicly distributed, provided that the person
making the electioneering communication has made disbursements for the direct
costs of producing or distributing one or more electioneering communication
aggregating in excess of $1,500; or
(2) any other date during the same
calendar year on which an electioneering communication is publicly distributed,
provided that the person making the electioneering communication has made
disbursements for the direct costs of distributing one or more electioneering
communication aggregating in excess of $1,500 since the most recent disclosure
date.
Subd. 6. Contracts
to disburse. For purposes of
this section, a person shall be treated as having made a disbursement if the
person has entered into an obligation to make the disbursement.
Subd. 7. Statement
of attribution. (a) An
electioneering communication must include a statement of attribution.
(1) For communications distributed by
printed material, signs, and billboards, the statement must say, in conspicuous
letters: "Paid for by [association
name] [address]."
(2) For communications distributed by
television, radio, satellite, or cable broadcasting system, the statement must
be included at the end of the communication and must orally state at a volume
and speed that a person of ordinary hearing can comprehend: "The preceding communication was paid
for by the [association name]."
(3) For communications distributed by
telephone, the statement must precede the communication and must orally state
at a volume and speed that a person of ordinary hearing can comprehend: "The following communication is paid for
by the [association name]."
(b)
If the communication is paid for by an association registered with the board,
the statement of attribution must use the association's name as it is
registered with the board. If the
communication is paid for by an association not registered with the board, the
statement of attribution must use the association's name as it is disclosed to
the board on the association's disclosure statement associated with the
communication.
Subd. 8. Failure
to file; penalty. (a) If a
person fails to file a statement required by this section by the date the
statement is due, the board may impose a late filing fee of $50 per day, not to
exceed $1,000, commencing the day after the statement was due.
(b) The board must send notice by
certified mail to a person who fails to file a statement within ten business
days after the statement was due that the person may be subject to a civil
penalty for failure to file the statement.
A person who fails to file the statement within seven days after the
certified mail notice was sent by the board is subject to a civil penalty
imposed by the board of up to $1,000.
(c) An association that provides
disclosure under section 10A.20 rather than under this section is subject to
the late filing fee and civil penalty provisions of section 10A.20 and is not
subject to the penalties provided in this subdivision.
(d) An association that makes
electioneering communications under this section and willfully fails to provide
the statement required by subdivision 4, paragraph (b), clause (6), within the
time specified is subject to an additional civil penalty of up to four times
the amount of the electioneering communications disbursements that should have
been included on the statement.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to expenditures and electioneering
communications made on or after that date.
Sec. 23. Minnesota Statutes 2018, section 10A.244, is amended to read:
10A.244
VOLUNTARY INACTIVE STATUS; POLITICAL FUNDS.
Subdivision 1. Election of voluntary inactive status. An association that has a political fund registered under this chapter may elect to have the fund placed on voluntary inactive status if the following conditions are met:
(1) the association makes a written request for inactive status;
(2) the association has filed all periodic reports required by this chapter and has received no contributions into its political fund and made no expenditures or disbursements, including disbursements for electioneering communications, through its political fund since the last date included on the association's most recent report; and
(3) the association has satisfied all obligations to the state for late filing fees and civil penalties imposed by the board or the board has waived this requirement.
Subd. 2. Effect of voluntary inactive status. After an association has complied with the requirements of subdivision 1:
(1) the board must notify the association that its political fund has been placed in voluntary inactive status and of the terms of this section;
(2) the board must stop sending the association reports, forms, and notices of report due dates that are periodically sent to entities registered with the board;
(3) the association is not required to file periodic disclosure reports for its political fund as otherwise required under this chapter;
(4) the association may not accept contributions into its political fund and may not make expenditures, contributions, or disbursements, including disbursements for electioneering communications, through its political fund; and
(5) if the association maintains a separate depository account for its political fund, it may continue to pay bank service charges and receive interest paid on that account while its political fund is in inactive status.
Subd. 3. Resumption of active status or termination. (a) An association that has placed its political fund in voluntary inactive status may resume active status upon written notice to the board.
(b) A political fund placed in voluntary inactive status must resume active status within 14 days of the date that it has accepted contributions or made expenditures, contributions, or disbursements, including disbursements for electioneering communications, that aggregate more than $750 since the political fund was placed on inactive status. If, after meeting this threshold, the association does not notify the board that its fund has resumed active status, the board may place the association's political fund in active status and notify the association of the change in status.
(c) An association that has placed its political fund in voluntary inactive status may terminate the registration of the fund without returning it to active status.
Subd. 4. Penalty for financial activity while in voluntary inactive status. If an association fails to notify the board of its political fund's resumption of active status under subdivision 3, the board may impose a civil penalty of $50 per day, not to exceed $1,000 commencing on the 15th calendar day after the fund resumed active status.
EFFECTIVE DATE. This section is effective January 1,
2020, and applies to expenditures and electioneering communications made on or
after that date.
Sec. 24. Minnesota Statutes 2018, section 10A.25, subdivision 3a, is amended to read:
Subd. 3a. Independent expenditures and electioneering communications. The principal campaign committee of a candidate must not make independent expenditures or disbursements for electioneering communications. If the principal campaign committee of a candidate makes a contribution to an independent expenditure committee or independent expenditure fund on or after January 1 of the year the candidate's office will appear on the ballot, the independent expenditure committee or independent expenditure fund must not make an independent expenditure for that candidate.
EFFECTIVE DATE. This section is effective January 1,
2020, and applies to expenditures and electioneering communications made on or
after that date.
Sec. 25. Minnesota Statutes 2018, section 10A.27, subdivision 15, is amended to read:
Subd. 15. Contributions or use of general treasury money. (a) An association may, if not prohibited by other law, contribute its general treasury money to an independent expenditure or ballot question political committee or fund, including its own independent expenditure or ballot question political committee or fund, without complying with subdivision 13.
(b) Before the day when the recipient committee or fund's next report must be filed with the board under section 10A.20, subdivision 2 or 5, an association that has contributed more than $5,000 in aggregate to independent expenditure political committees or funds during the calendar year or has contributed more than $5,000 in aggregate
to ballot question political committees or funds during the calendar year must provide in writing to the recipient's treasurer a statement that includes the name, address, and amount attributable to each person that paid the association dues or fees, or made donations to the association that, in total, aggregate more than $5,000 of the contribution from the association to the independent expenditure or ballot question political committee or fund. The statement must also include the total amount of the contribution attributable to persons not subject to itemization under this section. The statement must be certified as true by an officer of the donor association.
(c) To determine the amount of membership
dues or fees, or donations made by a person to an association and attributable
to the association's contribution to the independent expenditure or ballot
question political committee or fund, the donor association must: separately
prorate the total independent expenditures and ballot question expenditures
made during the calendar year over all general treasury money received during
the calendar year.
(1) apply a pro rata calculation to all
unrestricted dues, fees, and contributions received by the donor association in
the calendar year; or
(2) as provided in paragraph (d),
identify the specific individuals or associations whose dues, fees, or contributions
are included in the contribution to the independent expenditure political
committee or fund.
(d) Dues, fees, or contributions from
an individual or association must be identified in a contribution to an
independent expenditure political committee or fund under paragraph (c), clause
(2), if:
(1) the individual or association has
specifically authorized the donor association to use the individual's or
association's dues, fees, or contributions for this purpose; or
(2) the individual's or association's
dues, fees, or contributions to the donor association are unrestricted and the
donor association designates them as the source of the subject contribution to
the independent expenditure political committee or fund.
(d) If the amount contributed to
independent expenditure and ballot question political committees or funds in a
calendar year exceeds the amount of general treasury money received by the
association during that year:
(1) the contributions must be
attributed first to all receipts of general treasury money received during the
calendar year in which the contributions were made;
(2) any amount of current-year
contributions that exceeds the total of all receipts of general treasury money
during the current calendar year must be prorated over all general treasury
money received in the preceding calendar year; and
(3) if the allocation made in clauses
(1) and (2) is insufficient to cover the subject independent expenditures and
ballot question expenditures, no further allocation is required.
(e) After a portion of the general treasury money received by an association from a person has been designated as the source of a contribution to an independent expenditure or ballot question political committee or fund, that portion of the association's general treasury money received from that person may not be designated as the source of any other contribution to an independent expenditure or ballot question political committee or fund, or as the source of funds for a disbursement for electioneering communications made by that association.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to expenditures and electioneering
communications made on or after that date.
Sec. 26. Minnesota Statutes 2018, section 383B.041, is amended to read:
383B.041
CAMPAIGN FINANCING, DISCLOSURE OF ECONOMIC INTERESTS.
Subdivision 1. Hennepin
County candidates. Sections
383B.041 to 383B.058 apply to the financing of campaigns for county elections
in Hennepin County and for city elections in home rule charter cities and
statutory cities located wholly within Hennepin County, having a population of
75,000 or more, and for school board elections in the Special School District No. 1,
Minneapolis, and to disclosure of economic interests by candidates and elected
public officials of those jurisdictions.
The provisions of sections 211A.02 to 211A.07 do not apply to the
financing of campaigns for elections subject to the provisions of sections
383B.041 to 383B.058. Candidates
for county commissioner, county attorney, and sheriff of Hennepin County must
file campaign disclosure forms with the filing officer for Hennepin County. These candidates are subject to the
provisions of chapter 211A.
Subd. 2. Political
subdivision candidates. Candidates
for elected city, school board, park commissioner, and other political
subdivision offices within Hennepin County shall file campaign disclosure forms
with the filing officer for the political subdivision for which the candidate
is seeking office. These candidates are
subject to the provisions of chapter 211A.
Subd. 3. Political
committees, political funds, and independent expenditures. (a) The provisions of chapter 10A
apply to political committees as defined in section 10A.01, subdivision 27;
political funds as defined in section 10A.01, subdivision 28; and independent
expenditures as defined in section 10A.01, subdivision 18, related to:
(1) a campaign for the nomination or
election of a candidate for:
(i) a county office in Hennepin County;
(ii) a city office in a home rule
charter or statutory city located wholly within Hennepin County with a
population of 75,000 or more; or
(iii) the school board in Special School District No. 1; and
(2) a ballot question or proposition
that may be voted on by:
(i) all voters in Hennepin County;
(ii) all voters of a home rule charter
or statutory city located wholly within Hennepin County and having a population
of 75,000 or more; or
(iii) all voters in Special School
District No. 1.
(b) The provisions of chapter 211A
apply to a campaign for nomination or election for an office in the following
political subdivisions:
(1) a home rule or statutory city
located wholly within Hennepin County and having a population of less than
75,000; and
(2) a school district located wholly
within Hennepin County other than Special School District No. 1.
(c)
The provisions of chapter 211A apply to a ballot question or proposition that
may be voted on by:
(1) all voters of a home rule or
statutory city located wholly within Hennepin County and having a population of
less than 75,000; and
(2)
all voters of a school district located wholly within Hennepin County other
than Special School District No. 1.
Subd. 4. Local
ordinances and charters superseded. This
section supersedes the provisions of any ordinance or resolution of a political
subdivision within Hennepin County or any existing special law or home rule
charter provision of a political subdivision within Hennepin County requiring
disclosure of information related to the financing of election campaigns.
Subd. 5. Economic
interest disclosure; Special School District No. 1. Every candidate for school board in
Special School District No. 1, Minneapolis, must file an original
statement of economic interest with the school district within 14 days of the
filing of an affidavit or petition to appear on the ballot. An elected official in Special School
District No. 1, Minneapolis, must file the annual statement required in
section 10A.09, subdivision 6, with the school district for every year that the
individual serves in office. An original
and annual statement must contain the information listed in section 10A.09,
subdivision 5. The provisions of section
10A.09, subdivisions 6a, 7, and 9, apply to statements required under this
subdivision.
Sec. 27. REPEALER.
Minnesota Statutes 2018, sections
10A.15, subdivision 6; 383B.042; 383B.043; 383B.044; 383B.045; 383B.046;
383B.047; 383B.048; 383B.049; 383B.05; 383B.051; 383B.052; 383B.053; 383B.054;
383B.055; 383B.056; and 383B.057, are repealed.
ARTICLE 3
CENSUS AND REDISTRICTING
Section 1.
[2.032] REDISTRICTING
COMMISSION.
Subdivision 1. Commission
membership; duties. In each
year ending in one, a redistricting commission is created to draw the
boundaries of congressional and legislative districts in accordance with the
principles established in section 2.035.
The commission consists of 12 public members, to be appointed in the
manner provided in subdivision 2, and five retired judges of the appellate or
district courts of this state who have not served in a party‑designated
or party-endorsed position, such as legislator, to be appointed in the manner
provided in subdivision 3.
Subd. 2. Public
members; appointment. (a) The
secretary of state shall supervise the appointment of public members to the
redistricting commission.
(b) By January 15 of each year ending
in zero, the secretary of state shall open a widely publicized process that
encourages eligible residents of this state to apply for membership on the
redistricting commission. The secretary
of state shall solicit recommendations for appointment to the redistricting
commission from nongovernmental organizations with an interest in the elections
process.
(c) The secretary of state shall
provide an application form which must be designed to show: (1) that an applicant meets the requirements
of this subdivision; (2) that the application must be submitted under oath
affirming the truthfulness of its contents under penalty of perjury; and (3)
the applicant's demographic information, such as gender, race, ethnicity, and
age.
(d)
The following persons are not eligible to serve as a commissioner:
(1) a person who is not eligible to
vote;
(2) a person under a contract with, or
who serves as a consultant or staff to, or who has an immediate family
relationship with the governor, a member of the legislature, or a member of
congress; and
(3) a person, or member of the person's
immediate family, who has done any of the following during the ten years
immediately preceding the date of application:
(i) has been appointed to, elected to,
or a candidate for federal or state office;
(ii) served as an officer, employee, or
paid consultant of a political party or of the campaign committee of a
candidate for elective federal or state office;
(iii) served as an elected or appointed
member of a political party state central committee;
(iv) registered as a federal, state, or
local lobbyist or principal;
(v) served as paid congressional or
legislative staff; or
(vi) violated the candidate
contribution limits in section 10A.27.
(e) For purposes of this subdivision, a
member of a person's immediate family means a sibling, spouse, parent or
stepparent, child or stepchild, or in-law.
(f) The secretary of state shall
process applications as they are received and remove from the applicant pool
any person not eligible to serve as a commissioner and notify the person of the
reason they were removed. To be
considered, applications must be received by September 15 of the year ending in
zero. An applicant must provide with the
application two positive references from community leaders or groups that
promote civic engagement with whom the applicant has worked and demonstrate
that the applicant:
(1) has experience with outreach to
community groups to encourage civic participation with an emphasis on
historically disenfranchised groups; or
(2) has an interest in or experience
with government, elections, or civic life.
(g) The secretary of state shall, based
on a review of the applications, prepare a list of 120 applicant finalists who
have demonstrated based on their application an ability to be impartial and respect
the diversity of this state's many communities.
The list must, to the extent practicable, reflect the gender,
socioeconomic, age, racial, language, ethnic, and geographic diversity of the
state.
(h) The list must include:
(1) 40 applicant finalists identifying with the largest major political party in Minnesota;
(2) 40 applicant finalists identifying
with the second largest major political party in Minnesota; and
(3) 40 applicant finalists identifying
their political party preference as belonging to a party not described in
clause (1) or (2) or to no party.
For
purposes of this paragraph, the two largest political parties are the parties
whose candidates received the greatest and second greatest number of votes at
the most recent two gubernatorial elections.
(i) By December 15 of the year ending
in zero, the secretary of state shall give the list of finalists and their
applications to the majority and minority leaders of the senate, the speaker of
the house, and the minority leader of the house of representatives. At an open meeting, each of the four leaders
shall remove 21 applicant finalists from the list: seven applicant finalists identifying their
political party preference with the majority party in the house of
representatives, seven applicant finalists identifying their political party
preference with the minority party in the house of representatives, and seven
applicant finalists who identified their political party preference with a
party different than the majority party in the house of representatives and the
minority party of the house of representatives or with no party. The leaders shall remove applicants one at a
time in the order listed above, unless the leaders agree to a different order.
(j) By January 15 of each year ending
in one, after the process of removing applicants from the list is completed,
each of the four leaders of the house of representatives and senate shall give
the list of finalists and their applications to the secretary of state. The secretary of state shall randomly draw
four names from the remaining applicants identifying their political party
preference as belonging to the majority party of the house of representatives,
four identifying their political party preference as belonging to the minority
party of the house of representatives, and four identifying their political
party preference as belonging to a different party than the majority party in
the house of representatives and the minority party of the house of representatives
or to no party. These 12 persons shall
serve as public member commissioners.
(k) The secretary of state's actions
under this subdivision are not subject to chapter 14.
Subd. 3. Retired
judges; appointment. By
January 15 of each year ending in one, the four leaders of the house of
representatives and senate shall each appoint one retired judge, after
consulting with each other in an effort to attain geographic balance in their
appointments. If the legislative leaders
do not make the appointment by the deadline, the chief justice of the supreme
court shall make the appointment by January 22 of that year. The director of the Legislative Coordinating
Commission shall convene a meeting of the four retired judges by January 29 of
that year. The four retired judges shall
then appoint the fifth retired judge by a vote of at least three judges.
Subd. 4. Code
of conduct. (a) In performing
their duties, the five retired judges serving as commissioners shall abide by
the Code of Judicial Conduct and are considered judicial officers as defined in
section 609.415.
(b) Public members of the commission
exercise the function of a public officer as defined in section 609.415.
Subd. 5. Removal;
filling vacancies. (a) A
commissioner can be removed with two-thirds vote of the commission after notice
and a hearing for reasons that would justify recall of a state official under
section 211C.02.
(b)
The commission must remove a commissioner who participates in a communication
that violates subdivision 8.
(c) Except for vacancies filled by the
chief justice, vacancies on the commission must be filled by the appointing
authority that made the initial appointment within 30 days after the vacancy
occurs. The appointing authority for
public members is the secretary of state and must be filled by drawing from the
same partisan pool as the vacant position.
If no applicants in the pool are available for service, the secretary of
state shall establish a new pool, as provided in subdivision 2.
Subd. 6. Open
records. The commission is
subject to chapter 13, except that a plan is not public data until it has been
submitted to the commission for its consideration.
Subd. 7. Open
meetings. The commission is
subject to chapter 13D.
Subd. 8. Certain
communications prohibited. (a)
Commissioners and commission staff must not communicate with anyone except
other commissioners or staff regarding the content of a plan. The prohibition under this paragraph does not
apply to open meetings of the commission.
(b) A commissioner may not direct,
request, suggest, or recommend an interpretation of a districting principle or
a change to a district boundary to commission staff except during open meetings
of the commission. Commission staff
shall report to the commission attempts made to exert influence over the
staff's role in the drafting of plans.
Subd. 9. Lobbyist
registration. Action of the
commission to submit a redistricting plan to the legislature is an
administrative action for purposes of section 10A.01, subdivision 21, requiring
certain persons to register as a lobbyist.
Subd. 10. Compensation
and expenses. Commissioners
must be compensated for their commission activity as provided in section
15.059, subdivision 3.
Subd. 11. Plans
submitted to commission. The
commission shall adopt a schedule for interested persons to submit proposed
plans and to respond to plans proposed by others. The commission shall also adopt standards to
govern the format of plans submitted. The
schedule and standards adopted by the commission under this subdivision are not
rules. Chapter 14 and section 14.386 do
not apply to this section.
Subd. 12. Public
hearings. The commission
shall hold at least one public hearing in each congressional district before
adopting the first congressional and legislative district plans. The commission must ask for input on defining
communities of interest for consideration.
The commission must publish on its website preliminary drafts of the
congressional and legislative district plans and each preliminary draft's
accompanying reports at least one week before a hearing required under this
subdivision and allow the public at least 30 days to submit comments after
publication.
Subd. 13. Deadlines. (a) By April 30 of each year ending in
one, the commission shall submit plans to the legislature for congressional and
legislative districts. Each plan must be
accompanied by a report summarizing information and testimony received by the
commission in the course of the hearings and including any comments and
conclusions the commissioners deem appropriate on the information and testimony
received at the hearings or otherwise presented. Any plan submitted to the legislature must be
approved by an affirmative vote of at least 13 members of the commission.
(b) The legislature intends that a bill
be introduced to enact each plan and that the bill be brought to a vote in
either the senate or the house of representatives under a procedure or rule
permitting no amendments except those of a purely corrective nature, not less
than one week after the report of the commission was received and made
available to the members of the legislature.
The legislature further intends that the bill be brought to a vote in
the second body within one week after final passage in the first body under a
similar procedure or rule. If either the
senate or the house of representatives fails to approve a first plan submitted
by the commission, within one week after the failure the secretary of the
senate or the chief clerk of the house of representatives must notify the
commission of the failure, including any information that the senate or house
of representatives may direct by resolution regarding reasons why the plan was
not approved. If the governor vetoes a
plan, the veto message serves as the notice.
(c) The commission shall submit a
second plan within two weeks after the commission received the notice, unless
by then the legislature has adjourned the regular session in the year ending in
one, in which case the second plan must be submitted to the legislature at the
opening of its regular session in the year ending in two. The legislature intends that a second plan be
considered by the legislature under the same procedure as provided for a first
plan under paragraph (b).
(d)
If the commission fails to submit a plan by either of these two deadlines, the
legislature may proceed to enact a plan in place of the missing plan without
waiting for the commission to submit a plan.
(e) If the secretary of the senate or
the chief clerk of the house of representatives notifies the commission that a
second plan has failed, or the governor vetoes a second plan, the commission
shall submit a third plan within two weeks after the commission received the
notice, unless by then the legislature has adjourned the regular session in the
year ending in one, in which case the third plan must be submitted to the
legislature at the opening of its regular session in the year ending in two. The third plan is subject to the same
procedure as provided for first and second plans under paragraph (b).
Final approval of all plans, whether
enacted by the legislature or as provided by order of the court, must take
place no later than the date provided in section 204B.14, subdivision 1a.
Subd. 14. Data
used. (a) To draw
congressional and legislative districts, the commission shall use, at a
minimum, census data representing the entire population of Minnesota.
(b) The commission shall use
redistricting population data that includes data for persons who are incarcerated
reflecting their residence to be their last known residential address before
incarceration.
Subd. 15. Expiration. (a) The commission expires when both
congressional and legislative redistricting plans have been enacted into law or
adopted by order of the court and any legal challenges to the plans have been
resolved.
(b) If use of a plan is enjoined after
the commission expires, the court enjoining the plan may direct that a new
commission be appointed under this section to draft a remedial plan for
presentation to the legislature in accordance with deadlines established by
order of the court.
Sec. 2. [2.035]
DISTRICTING PRINCIPLES.
Subdivision 1. Application. The principles in this section apply
to congressional and legislative districts.
Subd. 2. Prohibited
information. (a) No plan
shall be drawn to purposefully favor or disfavor a political party or
candidate.
(b) Information regarding registered
voters, political affiliation, voting history, and demographics shall be
sequestered from the Redistricting Commission for the initial phase of the
process, but may be used to test for compliance with the goals in subdivision 3
and reports described in section 2.036, subdivision 4.
Subd. 3. Priority
of principles. Redistricting
commissioners appointed under section 2.032 shall adhere to the principles in
subdivisions 4 to 12 when drawing congressional and legislative districts. Where it is not possible to fully comply with
the principles contained below, a redistricting plan shall give priority to
those principles in the order in which they are listed, except to the extent
that doing so would violate federal or state law.
Subd. 4. Population equality. (a) Congressional districts must be as nearly equal in population as practicable.
(b) Legislative districts must be
substantially equal in population. The
population of a legislative district must not deviate from the ideal by more
than one percent.
Subd. 5. Contiguity. The districts must be contiguous
allowing for easy travel throughout the district. Contiguity by water is sufficient if the
water is not a serious obstacle to travel within the district. Districts with areas that touch only at a
point are not contiguous.
Subd. 6. Minority
representation. (a) Each
district must be drawn in compliance with all state and federal laws. A district must not be drawn with either the
purpose or effect of diluting, denying, or abridging the right of any citizen
of the United States to vote on account of race, ethnicity, or membership in a
language minority group, whether by themselves or when voting in concert with
other people.
(b) Racial, ethnic, and language
minorities must have an equal opportunity to participate in the political
process and elect candidates of their choice.
Racial, ethnic, and language minorities who constitute less than a
voting-age majority of a district must have an opportunity to substantially
influence the outcome of an election.
Subd. 7. Communities
of interest. District
boundaries shall recognize communities of interest. A community of interest is a contiguous
population sharing common social and economic interests that should be included
within a single district for purposes of the community's effective and fair
representation. Communities of interest
include but are not limited to geographic areas where there are clearly
recognizable similarities of social, cultural, ethnic, economic, or other
interests. Examples of shared interests
are those common to an urban area, rural area, industrial area, or agricultural
area and those common to areas in which the people share similar living
standards, have similar work opportunities, or have access to the same media of
communication relevant to the election process.
Communities of interest shall not include relationships with political
parties, incumbents, or political candidates.
Subd. 8. Political
subdivisions. Counties,
cities, and municipalities should be preserved to the greatest extent possible
and in compliance with the other principles to preserve rather than divide them
among multiple districts.
Subd. 9. Incumbents. The residence of incumbents shall not
be taken into consideration in the development or approval of a proposed plan.
Subd. 10. Compactness. Compactness must be measured by using
one or more statistical tests and must be compact.
Subd. 11. Partisan
symmetry and bias. A district
must not be drawn in a manner that unduly favors or disfavors any political
party. The commission shall use judicial
standards and the best available scientific and statistical methods to assess
whether a plan unduly favors or disfavors a political party.
Subd. 12. Numbering. (a) Congressional district numbers
must begin with district one in the southeast corner of the state and end with
the district with the highest number in the northeast corner of the state.
(b) Legislative districts must be
numbered in a regular series, beginning with house district 1A in the northwest
corner of the state and proceeding across the state from west to east, north to
south. In a county that includes more
than one whole senate district, the districts must be numbered consecutively.
Sec. 3. [2.036]
LEGISLATIVE COORDINATING COMMISSION; REDISTRICTING.
Subdivision 1. Administrative
support. The Legislative
Coordinating Commission shall provide administrative support to the
Redistricting Commission.
Subd. 2. Database. The geographic areas and population
counts used in maps, tables, and legal descriptions of congressional and
legislative districts considered by the legislature must be those used by the
Geographic Information Services (GIS) Office of the Legislative Coordinating
Commission. The population counts shall
be the block population counts provided to the state under Public Law 94-171
after each decennial census, subject to correction of any errors acknowledged
by the United States Census Bureau. The
GIS Office must make the database available to the public on the GIS Office
website.
Subd. 3. Publication;
consideration of plans. A
redistricting plan must not be considered for adoption by the senate or house
of representatives until the redistricting plan's block equivalency file has
been submitted to the GIS Office in a form prescribed by the GIS Office. The block equivalency file must show the
district to which each census block has been assigned. The GIS Office shall publish each plan
submitted to it on the GIS Office website.
Subd. 4. Reports. Publication of a plan must include the
following reports:
(1) a population equality report,
listing each district in the plan, its population as the total number of
persons, and deviations from the ideal as both a number of persons and as a
percentage of the population. The report
must also show the populations of the largest and smallest districts and the
overall range of deviations of the districts;
(2) a contiguity report, listing each
district that is noncontiguous either because two areas of a district do not
touch or because they are linked by a point;
(3) a minority voting-age population
report, listing for each district the voting age population of each racial or
language minority and the total minority voting age population, according to
the categories recommended by the United States Department of Justice. The report must also highlight each district
with 30 percent or more total minority population;
(4) a communities of interest report,
if the chief author of a plan asserts that it preserves a community of
interest, maps of the plan must include a layer identifying the census blocks
within the community of interest. Publication
of the plan must also include a report that lays out the research and process
used to identify the communities of interest and lists the district or
districts to which the community of interest has been assigned. The report must include the number of
communities of interest that are split and the number of times the communities
were split;
(5) a political subdivision splits
report, listing the split counties, cities, towns, unorganized territories, and
precincts, and the district to which each portion of a split subdivision is
assigned. The report must also show the
number of subdivisions split and the number of times a subdivision is split;
(6) a plan components report, listing
for each district the names and populations of the counties within it and,
where a county is split between or among districts, the names and populations
of the portion of the split county and each of the split county's whole or
partial cities, townships, unorganized territories, and precincts within each
district.
(7) a measures of compactness report,
listing for each district at least the results of the Reock, Polsby-Popper,
Minimum Convex Hull, Population Polygon, Population Circle, Ehrenburg,
Length-Width, measures of compactness. The
report must also state for all the districts in a plan the sum of its
perimeters and the mean of its other measurements. The commission may consider other tests of
compactness; and
(8) a partisan bias report, listing
multiple measures of partisan symmetry or other measures of partisan bias as
accepted in political science literature and the best available scientific and
statistical methods.
Sec. 4. [204B.136]
REDISTRICTING OF LOCAL ELECTION DISTRICTS.
Subdivision 1. Redistricting
plan standards; Redistricting Commission.
The principles provided in section 2.035 must be applied to the
redistricting of:
(1) county commissioner districts, county park districts, and soil and water conservation supervisor districts in counties with a population greater than 100,000; and
(2) wards in cities with a population
greater than 75,000.
Subd. 2. Population
variance. The minimum
population variance permitted for county districts and wards may be up to 1.5
percent of the mean population for all districts or wards in a redistricting
plan adopted as provided in this section.
Subd. 3. Procedure. Redistricting plans required by this
section shall be prepared and adopted by the charter commission, or where such
a commission does not exist, by a redistricting commission of no fewer than
seven and no more than 15 members appointed by the chief judge of the district
court in which a majority of the population of the affected jurisdiction reside. Members of a commission appointed under this
subdivision must meet the qualification standards for a public member of the
Redistricting Commission as described in section 2.032, subdivision 2,
paragraph (d).
Sec. 5. ACCESS
TO MULTIUNIT FACILITIES BY UNITED STATES CENSUS EMPLOYEES.
Subdivision 1. Access
required. It is unlawful for
a person, either directly or indirectly, to deny access to an apartment house,
dormitory, nursing home, manufactured home park, other multiple unit facility
used as a residence, or an area in which two or more single-family dwellings
are located on private roadways, to an employee of the United States Census who
displays a current, valid census credential and who is engaged in official
census business. An employee granted
access under this section must be permitted to leave census materials for
residents at their doors, except that the manager of a nursing home may direct
that the materials be left at a central location within the facility. The materials must be left in an orderly
manner.
Subd. 2. Limitations. This section does not prohibit:
(1) denial of admittance into a
particular apartment, room, manufactured home, or personal residential unit;
(2) in the case of a nursing home or a
registered housing with services establishment providing assisted living
services meeting the requirements of Minnesota Statutes, section 144G.03,
subdivision 2, denial of permission to visit certain persons for valid health
reasons;
(3) limiting visits to a reasonable
number of census employees or reasonable hours;
(4) requiring a prior appointment to
gain access to the facility; or
(5) denial of admittance to or
expulsion of an individual employee from a multiple unit dwelling for good
cause.
Subd. 3. Compliance
with federal law. A person in
compliance with United States Code, title 13, section 223, and any guidance or
rules adopted by the United States Department of Commerce, Bureau of the
Census, governing access to a facility described in subdivision 1 is considered
to be in compliance with the requirements of this section.
Subd. 4. Applicability. This section is effective from January
1 to December 31 in any year during which a decennial census is conducted under
the authority of the United States Constitution, article 1, section 2.
Sec. 6. APPROPRIATIONS.
Subdivision 1. Legislative
Coordinating Commission. $.......
in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
general fund to the Legislative Coordinating Commission for costs associated
with implementing this article. These
are onetime appropriations.
Subd. 2. Secretary of State. $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the general fund to the secretary of state for costs associated with implementing this article. These are onetime appropriations."
Delete the title and insert:
"A bill for an act relating to elections; making policy and technical changes to various election and campaign finance related provisions; providing automatic voter registration; restoring the voting rights of persons with felony convictions; providing early voting; authorizing automatic absentee ballot delivery; authorizing ranked-choice voting; adopting the National Popular Vote Interstate Compact; modifying campaign finance reporting requirements for Hennepin County elections and certain political subdivisions in Hennepin County; modifying definition of expressly advocating; requiring reporting of electioneering communications; establishing a redistricting commission; appropriating money; amending Minnesota Statutes 2018, sections 10A.01, subdivisions 4, 7, 9, 11, 16a, 17c, 18, 20, 26, 27, 28, by adding a subdivision; 10A.12, subdivisions 1, 2; 10A.121, subdivisions 1, 2; 10A.13, subdivision 1; 10A.17, subdivision 4; 10A.20, subdivisions 3, 6a, by adding a subdivision; 10A.244; 10A.25, subdivision 3a; 10A.27, subdivision 15; 13.607, by adding a subdivision; 123B.09, subdivision 5b; 174.24, by adding a subdivision; 201.014, by adding a subdivision; 201.022, subdivision 1; 201.071, subdivision 1; 201.091, subdivision 4; 201.161; 203B.001; 203B.01, by adding a subdivision; 203B.03, subdivision 1; 203B.04, subdivision 5; 203B.05, subdivision 1; 203B.06, subdivisions 1, 3; 203B.081, subdivision 1; 203B.085; 203B.121, subdivisions 1, 2, 3, 5, by adding a subdivision; 204B.28, subdivision 2; 204B.35, by adding a subdivision; 204B.45, subdivisions 1, 2; 204C.03, by adding a subdivision; 204C.10; 204C.15, subdivision 1; 204C.24, subdivision 1; 204D.19, subdivision 2; 204D.195; 204D.22, subdivision 3; 204D.23, subdivision 2; 205.13, subdivision 2; 206.58, subdivision 1; 206.61, by adding a subdivision; 206.80; 206.82, subdivision 1; 206.83; 206.86, by adding a subdivision; 206.89, subdivisions 2, 3; 207A.12; 207A.13; 207A.14; 207A.15, subdivision 2; 383B.041; 473.408, by adding a subdivision; 609.165, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 2; 10A; 201; 203B; 204B; 204D; 206; 207A; 208; 243; proposing coding for new law as Minnesota Statutes, chapter 204E; repealing Minnesota Statutes 2018, sections 10A.15, subdivision 6; 203B.081, subdivision 3; 383B.042; 383B.043; 383B.044; 383B.045; 383B.046; 383B.047; 383B.048; 383B.049; 383B.05; 383B.051; 383B.052; 383B.053; 383B.054; 383B.055; 383B.056; 383B.057."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1658, A bill for an act relating to human services; expanding liability insurance coverage for licensed foster home providers; amending Minnesota Statutes 2018, section 245.814, subdivisions 2, 3.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1719, A bill for an act relating to human services; modifying drug testing provisions for MFIP and general assistance; amending Minnesota Statutes 2018, sections 256D.024, subdivision 1; 256J.26, subdivision 1; 609B.425, subdivision 2; 609B.435, subdivision 2.
Reported the same back with the following amendments:
Page 1, line 14, strike "as a condition of continued eligibility"
Page 1, line 15, delete "may" and insert "or tribe must"
Page 2, line 10, strike "as a condition of continued eligibility"
Page 2, line 11, delete "may" and insert "or tribe must"
Page 3, lines 5 and 6, reinstate the stricken language
Page 3, line 7, reinstate the stricken "after July 1, 1997, may, if otherwise eligible, receive food stamps or food support" and insert a period and reinstate the stricken "the"
Page 3, line 8, reinstate the stricken "convicted applicant or participant" and insert "may be" and reinstate the stricken "subject to random drug testing"
Page 3, line 9, reinstate the stricken ". Following a positive test for an illegal controlled substance,"
Page 3, line 10, after the stricken colon, insert "the county or tribe must provide resources and referrals to drug treatment programs."
Page 3, line 28, reinstate the stricken language and delete the new language
Page 4, lines 10 and 22, delete "may" and insert "or tribe must"
Page 4, line 20, strike everything after "testing"
Page 4, line 21, strike "MFIP benefits"
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Freiberg from the Committee on Government Operations to which was referred:
H. F. No. 1855, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 3; establishing a redistricting commission to adopt congressional and legislative district boundaries following each federal decennial census.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. CONSTITUTIONAL
AMENDMENT PROPOSED.
An amendment to the Minnesota
Constitution is proposed to the people. If
the amendment is adopted, article IV, section 3, will read:
Sec. 3. At its first session (a) After
each enumeration of the inhabitants of this state made by the authority of the
United States, the legislature a commission shall have the
power to prescribe the bounds of congressional and legislative districts. The commission consists of five retired
judges of the appellate or district courts of this state who have not served in
a party-designated or party-endorsed position, such as legislator, and 12
public members. By January 15 of each
year ending in one, after consulting with each other in an effort to attain
geographic balance in their appointments, the majority and minority leaders of
the senate and the speaker and minority leader of the house of representatives
shall each appoint one retired judge. If
any of the four leaders fails to make an appointment by the deadline, the
supreme court must fill the vacancy by January 22 of that year. The four retired judges shall meet by January
29 of that year and, by a vote of at least three retired judges, choose the
fifth retired judge. A public member
must be eligible to vote but must not have been deeply engaged in partisan
politics during the previous decade. The
public members must be appointed in a manner provided by law.
(b) After notice and a hearing, by a vote
of at least 12 of its members, including at least one retired judge, the
commission may remove a commissioner, for reasons that would justify recall of
a state official other than a judge under article VIII, section 6. Except for vacancies filled by the supreme
court, vacancies on the commission must be filled within 30 days after the
vacancy occurs by the appointing authority that made the initial appointment.
(c) The commission shall hold at least
one public hearing in each congressional district before adopting the first
redistricting plans. The commission must
request advice on how to define communities of interest. The commission must publish on its website a
preliminary draft of each plan and their accompanying reports at least one week
before the hearing and accept comments on each plan for at least one week after
the hearing.
(d) The commission shall file with the
secretary of state plans prescribing the bounds of congressional and
legislative districts by September 1 of the year ending in one. Adoption of a plan requires the affirmative
vote of at least 12 members of the commission, including at least one retired
judge. The distribution of votes
required from various categories of public members must be provided by law. If the commission fails to adopt a plan by
the deadline, the supreme court shall adopt a replacement for the missing plan
by February 1 of the year ending in two.
(e) The legislature may amend a redistricting
plan adopted by the commission, but must do so by a two-thirds vote of the
legislators elected to each house. Any
amendment must pass both houses by the end of the 30th calendar day of the
first session convened after the commission adopts a plan. After that day, the plan, with any
legislative amendments, constitutes the state districting law.
(f) The commission expires when
congressional and legislative redistricting plans are enacted into law or
adopted by court order and any legal challenges to the plans have been resolved. If use of a plan is enjoined after the
commission expires, the court enjoining the plan may direct that a new
commission be appointed under this section to draft a remedial plan for
presentation to the secretary of state in accordance with deadlines established
by order of the court.
(g) Districts must not be drawn with
either the purpose or effect of denying or abridging the right of any citizen
of the United States to vote on account of race or membership in a language minority
group. The districts must ensure that
members of the minority have a realistic opportunity to elect candidates of
their choice, where a concentration of a racial or language minority population
makes that possible and can be done in compliance with the other principles in
this section.
(h) Senators shall be chosen by single districts of convenient contiguous territory.
(i)
Districts should be compact.
(j) A county, city, town, or precinct
must not be divided into more than one district except as necessary to meet
equal population requirements or to form districts that are composed of
convenient, contiguous, and compact territory.
When a county, city, town, or precinct must be divided into more than
one district, it must be divided into as few districts as possible.
(k) Districts should attempt to preserve
identifiable communities of interest.
(l) A district or plan must not be drawn
with the intent or effect of unduly favoring or disfavoring a political party.
(m) A district or plan must not be drawn
with the intent to protect or defeat an incumbent.
(n) Districts should be drawn to
encourage electoral competition.
(o) The statewide proportion of districts
whose voters have historically favored each political party should not be
significantly smaller than the statewide proportion of votes the candidates of
the party have historically received, nor should a majority of districts have a
majority of voters who have historically favored a minority party. Both proportions must be based on statewide
state and federal partisan general election results during the last ten years.
(p) No representative district shall be divided in the formation of a senate district.
(q) The senate districts shall be numbered in a regular series.
(r) Where it is not possible to fully
comply with the principles in this section, a redistricting plan must give
priority to those principles in the order in which they are listed, except to
the extent that doing so would violate federal law.
Sec. 2. SUBMISSION
TO VOTERS.
The proposed amendment must be
submitted to the people at the 2020 general election. The question submitted must be:
"Shall the Minnesota Constitution
be amended to transfer from the legislature to an independent redistricting
commission the power to draw congressional and legislative districts?
|
Yes………… |
|
No…………."" |
Delete the title and insert:
"A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 3; establishing a redistricting commission to prescribe the boundaries of congressional and legislative districts following each federal decennial census; establishing districting principles for congressional and legislative plans."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1882, A bill for an act relating to natural resources; modifying restrictions on commercial fishing areas to provide for invasive species control; amending Minnesota Statutes 2018, section 97C.815, subdivision 2.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1883, A bill for an act relating to education; foster care; requiring a student in foster care to be enrolled in school; requiring a report on foster youth school enrollment; amending Minnesota Statutes 2018, section 257.0725; proposing coding for new law in Minnesota Statutes, chapter 120A.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1898, A bill for an act relating to health; creating a public awareness campaign on the health dangers of using skin lightening creams containing mercury; appropriating money.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Halverson from the Committee on Commerce to which was referred:
H. F. No. 1960, A bill for an act relating to commerce; making technical changes to various provisions administered by the Department of Commerce; amending Minnesota Statutes 2018, sections 45A.01, subdivision 7; 58A.03, subdivision 2; 72B.03, subdivision 2; 80A.84; 82B.195, subdivision 2; 115C.11; 332.37; 332A.07, subdivision 1; 332B.04, by adding a subdivision.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Freiberg from the Committee on Government Operations to which was referred:
H. F. No. 2018, A bill for an act relating to pari-mutuel horse racing; modifying licensing, reporting, and other regulatory provisions of the Racing Commission; amending Minnesota Statutes 2018, sections 240.01, by adding a subdivision; 240.02, subdivisions 2, 6; 240.08, subdivision 5; 240.10; 240.12; 240.13, subdivision 5; 240.131, subdivision 7; 240.135; 240.16, subdivisions 1, 2; 240.18, subdivisions 2, 3; 240.22; 240.27.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Halverson from the Committee on Commerce to which was referred:
H. F. No. 2051, A bill for an act relating to insurance; making changes to conform with certain model regulations; amending Minnesota Statutes 2018, section 60A.1291, subdivisions 1, 15, 18, by adding a subdivision.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
ANNUAL FINANCIAL REPORTING AND AUDIT
Section 1. Minnesota Statutes 2018, section 60A.1291, subdivision 1, is amended to read:
Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
(a) "Accountant" and "independent public accountant" mean an independent certified public accountant or accounting firm in good standing with the American Institute of Certified Public Accountants and in all states in which the accountant or firm is licensed or is required to be licensed to practice. For Canadian and British companies, the term means a Canadian-chartered or British-chartered accountant.
(b) "Affiliate" or
"affiliated" means a person that directly or indirectly through one
or more intermediaries controls, is controlled by, or is under common control
with a person.
(b) (c) "Audit
committee" means a committee or equivalent body established by the board
of directors of an entity for the purpose of overseeing the accounting and
financial reporting processes of an insurer or group of insurers, and the
internal audit function of an insurer or group of insurers, if applicable, and
external audits of financial statements of the insurer or group of insurers. The audit committee of any entity that
controls a group of insurers may be deemed to be the audit committee for one or
more of these controlled insurers solely for the purposes of this section at
the election of the controlling person under subdivision 15, paragraph (e). If an audit committee is not designated by
the insurer, the insurer's entire board of directors constitutes the audit
committee.
(d) "Audited financial
report" means the report described in subdivision 4.
(c) (e) "Indemnification"
means an agreement of indemnity or a release from liability where the intent or
effect is to shift or limit in any manner the potential liability of the person
or firm for failure to adhere to applicable auditing or professional standards,
whether or not resulting in part from knowing of other misrepresentations made
by the insurer or its representatives.
(d) (f) "Independent
board member" has the same meaning as described in subdivision 15,
paragraph (c).
(g) "Internal audit function"
means a person or persons that provide independent, objective and reasonable
assurance designed to add value and improve an organization's operations and
accomplish its objectives by bringing a systematic, disciplined approach to
evaluate and improve the effectiveness of risk management, control, and
governance processes.
(e) (h) "Internal
control over financial reporting" means a process effected by an entity's
board of directors, management, and other personnel designed to provide
reasonable assurance regarding the reliability of the financial statements, for
example, those items specified in subdivision 4, paragraphs (a), clauses (2) to
(6), (b), and (c), and includes those policies and procedures that:
(1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of assets;
(2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of the financial statements, for example, those items specified in subdivision 4, paragraphs (a), clauses (2) to (6), (b), and (c), and that receipts and expenditures are being made only in accordance with authorizations of management and directors; and
(3) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use, or disposition of assets that could have a material effect on the financial statements, for example, those items specified in subdivision 4, paragraphs (a), clauses (2) to (6), (b), and (c).
(f) (i) "SEC"
means the United States Securities and Exchange Commission.
(g) (j) "Section
404" means Section 404 of the Sarbanes-Oxley Act of 2002 and the SEC's
rules and regulations promulgated under it.
(h) (k) "Section 404
report" means management's report on "internal control over financial
reporting" as defined by the SEC and
the related attestation report of the independent certified public accountant
as described in paragraph (a).
(i) (l) "SOX compliant
entity" means an entity that either is required to be compliant with, or
voluntarily is compliant with, all of the following provisions of the
Sarbanes-Oxley Act of 2002: (i) the
preapproval requirements of Section 201 (section 10A(i) of the Securities
Exchange Act of 1934); (ii) the audit committee independence requirements of
Section 301 (section 10A(m)(3) of the Securities Exchange Act of 1934); and
(iii) the internal control over financial reporting requirements of Section 404
(Item 308 of SEC Regulation S-K).
Sec. 2. Minnesota Statutes 2018, section 60A.1291, subdivision 15, is amended to read:
Subd. 15. Requirements for audit committee. (a) The audit committee must be directly responsible for the appointment, compensation, and oversight of the work of any accountant including resolution of disagreements between management and the accountant regarding financial reporting for the purpose of preparing or issuing the audited financial report or related work pursuant to this section. Each accountant shall report directly to the audit committee.
(b) The audit committee of an insurer
or group of insurers is responsible for overseeing the insurer's internal audit
function and granting the person or persons performing the function suitable
authority and resources to fulfill their responsibilities if required by
subdivision 15a.
(b) (c) Each member of the
audit committee must be a member of the board of directors of the insurer or a member of the board of directors of an entity
elected pursuant to paragraph (e) (f) and subdivision 1,
paragraph (b) (c).
(c) (d) In order to be
considered independent for purposes of this section, a member of the audit
committee may not, other than in his or her capacity as a member of the audit
committee, the board of directors, or any other board committee, accept any
consulting, advisory, or other compensatory fee from the entity or be an
affiliated person of the entity or any subsidiary of the entity. However, if law requires board participation
by otherwise nonindependent members, that law shall prevail and such members
may participate in the audit committee and be designated as independent for
audit committee purposes, unless they are an officer or employee of the insurer
or one of its affiliates.
(d) (e) If a member of the audit committee ceases to be independent for reasons outside the member's reasonable control, that person, with notice by the responsible entity to the state, may remain an audit committee member of the responsible entity until the earlier of the next annual meeting of the responsible entity or one year from the occurrence of the event that caused the member to be no longer independent.
(e) (f) To exercise the
election of the controlling person to designate the audit committee for
purposes of this section, the ultimate controlling person shall provide written
notice to the commissioners of the affected insurers. Notification must be made timely before the issuance
of the statutory audit report and include a description of the basis for the
election. The election can be changed
through notice to the commissioner by the insurer, which shall include a
description of the basis for the change.
The election remains in effect for perpetuity, until rescinded.
(f) (g) The audit committee
shall require the accountant that performs for an insurer any audit required by
this section to timely report to the audit committee in accordance with the
requirements of SAS No. 114, The Auditor's Communication with Those
Charged with Governance, or its replacement, including:
(1) all significant accounting policies and material permitted practices;
(2) all material alternative treatments of financial information within statutory accounting principles that have been discussed with management officials of the insurer, ramifications of the use of the alternative disclosures and treatments, and the treatment preferred by the accountant; and
(3) other material written communications between the accountant and the management of the insurer, such as any management letter or schedule of unadjusted differences.
(g) (h) If an insurer is a
member of an insurance holding company system, the reports required by
paragraph (f) (g) may be provided to the audit committee on an
aggregate basis for insurers in the holding company system, provided that any
substantial differences among insurers in the system are identified to the
audit committee.
(h) (i) The proportion of
independent audit committee members shall meet or exceed the following
criteria:
(1) for companies with prior calendar year direct written and assumed premiums $0 to $300,000,000, no minimum requirements;
(2) for companies with prior calendar year direct written and assumed premiums over $300,000,000 to $500,000,000, majority of members must be independent; and
(3) for companies with prior calendar year direct written and assumed premiums over $500,000,000, 75 percent or more must be independent.
(i) (j) An insurer with direct
written and assumed premium, excluding premiums reinsured with the Federal Crop
Insurance Corporation and Federal Flood Program, less than $500,000,000 may
make application to the commissioner for a waiver from the requirements of this
subdivision based upon hardship. The
insurer shall file, with its annual statement filing, the approval for relief
from this subdivision with the states that it is licensed in or doing business
in and the NAIC. If the nondomestic
state accepts electronic filing with the NAIC, the insurer shall file the
approval in an electronic format acceptable to the NAIC.
This subdivision does not apply to foreign or alien insurers licensed in this state or an insurer that is a SOX compliant entity or a direct or indirect wholly owned subsidiary of a SOX compliant entity.
Sec. 3. Minnesota Statutes 2018, section 60A.1291, is amended by adding a subdivision to read:
Subd. 15a.
Internal audit function
requirements. (a) An insurer
is exempt from the requirements of this section if:
(1) the insurer has annual direct written and
unaffiliated assumed premium, including international direct and assumed
premium but excluding premiums reinsured with the Federal Crop Insurance
Corporation and Federal Flood Program, less than $500,000,000; and
(2) if the insurer is a member of a group of insurers,
the group has annual direct written and unaffiliated assumed premium including
international direct and assumed premium, but excluding premiums reinsured with
the Federal Crop Insurance Corporation and Federal Flood Program, less than
$1,000,000,000.
(b) The insurer or group of insurers shall establish an
internal audit function providing independent, objective, and reasonable
assurance to the audit committee and insurer management regarding the insurer's
governance, risk management, and internal controls. This assurance shall be provided by
performing general and specific audits, reviews, and tests and by employing
other techniques deemed necessary to protect assets, evaluate control
effectiveness and efficiency, and evaluate compliance with policies and
regulations.
(c) In order to ensure that internal auditors remain
objective, the internal audit function must be organizationally independent. Specifically, the internal audit function
will not defer ultimate judgment on audit matters to others, and shall appoint
an individual to head the internal audit function who will have direct and
unrestricted access to the board of directors.
Organizational independence does not preclude dual-reporting relationships.
(d) The head of the internal audit function shall report
to the audit committee regularly, but no less than annually, on the periodic
audit plan, factors that may adversely impact the internal audit function's
independence or effectiveness, material findings from completed audits and the
appropriateness of corrective actions implemented by management as a result of
audit findings.
(e) If an insurer is a member of an insurance holding
company system or included in a group of insurers, the insurer may satisfy the
internal audit function requirements set forth in this section at the ultimate
controlling parent level, an intermediate holding company level or the
individual legal entity level.
EFFECTIVE DATE. The requirements of this subdivision are
effective January 1, 2020. If an insurer
or group of insurers that is exempt from this subdivision no longer qualifies
for that exemption, it shall have one year after the year the threshold is
exceeded to comply with the requirements of this subdivision.
ARTICLE 2
INSURANCE HOLDING COMPANY SYSTEMS
Section 1. Minnesota Statutes 2018, section 60D.15, is amended by adding a subdivision to read:
Subd. 4b.
Groupwide supervisor. The regulatory official authorized to
engage in conducting and coordinating groupwide supervision activities who is
determined or acknowledged by the commissioner under section 60D.217 to have
sufficient significant contacts with the internationally active insurance
group.
Sec. 2. Minnesota Statutes 2018, section 60D.15, is amended by adding a subdivision to read:
Subd. 6a.
Internationally active
insurance group. An insurance
holding company system that (1) includes an insurer registered under section
60D.19; and (2) meets the following criteria:
(i) premiums written in at least three countries, (ii) the percentage of
gross premiums written outside the United States is at least ten percent of the
insurance
holding company system's total gross written premiums, and (iii) based on a
three-year rolling average, the total assets of the insurance holding company
system are at least $50,000,000,000 or the total gross written premiums of the
insurance holding company system are at least $10,000,000,000.
Sec. 3. [60D.217]
GROUPWIDE SUPERVISION OF INTERNATIONALLY ACTIVE INSURANCE GROUPS.
(a) The commissioner is authorized to
act as the groupwide supervisor for any internationally active insurance group
in accordance with the provisions of this section. However, the commissioner may otherwise
acknowledge another regulatory official as the groupwide supervisor where the
internationally active insurance group:
(1) does not have substantial insurance
operations in the United States;
(2) has substantial insurance
operations in the United States, but not in this state; or
(3) has substantial insurance
operations in the United States and this state, but the commissioner has
determined pursuant to the factors set forth in subsections (b) and (f) that
the other regulatory official is the appropriate groupwide supervisor.
An insurance holding company system that does not
otherwise qualify as an internationally active insurance group may request that
the commissioner make a determination or acknowledgment as to a groupwide
supervisor pursuant to this section.
(b) In cooperation with other state,
federal, and international regulatory agencies, the commissioner will identify
a single groupwide supervisor for an internationally active insurance group. The commissioner may determine that the
commissioner is the appropriate groupwide supervisor for an internationally
active insurance group that conducts substantial insurance operations
concentrated in this state. However, the
commissioner may acknowledge that a regulatory official from another
jurisdiction is the appropriate groupwide supervisor for the internationally
active insurance group. The commissioner
shall consider the following factors when making a determination or
acknowledgment under this subsection:
(1) the place of domicile of the insurers
within the internationally active insurance group that hold the largest share
of the group's written premiums, assets, or liabilities;
(2) the place of domicile of the
top-tiered insurer(s) in the insurance holding company system of the
internationally active insurance group;
(3) the location of the executive offices
or largest operational offices of the internationally active insurance group;
(4) whether another regulatory official
is acting or is seeking to act as the groupwide supervisor under a regulatory
system that the commissioner determines to be:
(i) substantially similar to the system
of regulation provided under the laws of this state; or
(ii) otherwise sufficient in terms of
providing for groupwide supervision, enterprise risk analysis, and cooperation
with other regulatory officials; and
(5) whether another regulatory official
acting or seeking to act as the groupwide supervisor provides the commissioner
with reasonably reciprocal recognition and cooperation.
However,
a commissioner identified under this section as the groupwide supervisor may
determine that it is appropriate to acknowledge another supervisor to serve as
the groupwide supervisor. The
acknowledgment of the groupwide supervisor shall be made after consideration of
the factors listed in clauses (1) to (5), and shall be made in cooperation with
and subject to the acknowledgment of other regulatory officials involved with
supervision of members of the internationally active insurance group, and in
consultation with the internationally active insurance group.
(c) Notwithstanding any other provision
of law, when another regulatory official is acting as the groupwide supervisor
of an internationally active insurance group, the commissioner shall
acknowledge that regulatory official as the groupwide supervisor. However, in the event of a material change in
the internationally active insurance group that results in:
(1) the internationally active insurance
group's insurers domiciled in this state holding the largest share of the
group's premiums, assets, or liabilities; or
(2) this state being the place of
domicile of the top-tiered insurer(s) in the insurance holding company system
of the internationally active insurance group,
the commissioner shall make a determination or
acknowledgment as to the appropriate groupwide supervisor for such an
internationally active insurance group pursuant to subsection (b).
(d) Pursuant to section 60D.21, the
commissioner is authorized to collect from any insurer registered pursuant to
section 60D.19 all information necessary to determine whether the commissioner
may act as the groupwide supervisor of an internationally active insurance
group or if the commissioner may acknowledge another regulatory official to act
as the groupwide supervisor. Prior to
issuing a determination that an internationally active insurance group is
subject to groupwide supervision by the commissioner, the commissioner shall
notify the insurer registered pursuant to section 60D.19 and the ultimate
controlling person within the internationally active insurance group. The internationally active insurance group
shall have not less than 30 days to provide the commissioner with additional
information pertinent to the pending determination. The commissioner shall publish in the State
Register and on the department's website the identity of internationally active
insurance groups that the commissioner has determined are subject to groupwide
supervision by the commissioner.
(e) If the commissioner is the groupwide
supervisor for an internationally active insurance group, the commissioner is
authorized to engage in any of the following groupwide supervision activities:
(1) assess the enterprise risks within
the internationally active insurance group to ensure that:
(i) the material financial condition and
liquidity risks to the members of the internationally active insurance group
that are engaged in the business of insurance are identified by management; and
(ii) reasonable and effective mitigation
measures are in place; or
(2) request, from any member of an
internationally active insurance group subject to the commissioner's
supervision, information necessary and appropriate to assess enterprise risk,
including but not limited to information about the members of the
internationally active insurance group regarding:
(i) governance, risk assessment, and
management;
(ii) capital adequacy; and
(iii) material intercompany transactions;
(3)
coordinate and, through the authority of the regulatory officials of the
jurisdictions where members of the internationally active insurance group are
domiciled, compel development and implementation of reasonable measures
designed to ensure that the internationally active insurance group is able to
timely recognize and mitigate enterprise risks to members of such
internationally active insurance group that are engaged in the business of
insurance;
(4) communicate with other state, federal
and international regulatory agencies for members within the internationally
active insurance group and share relevant information subject to the
confidentiality provisions of section 60D.22, through supervisory colleges as
set forth in section 60D.215 or otherwise;
(5) enter into agreements with or obtain
documentation from any insurer registered under section 60D.19, any member of
the internationally active insurance group, and any other state, federal, and
international regulatory agencies for members of the internationally active
insurance group, providing the basis for or otherwise clarifying the
commissioner's role as groupwide supervisor, including provisions for resolving
disputes with other regulatory officials.
Such agreements or documentation shall not serve as evidence in any
proceeding that any insurer or person within an insurance holding company
system not domiciled or incorporated in this state is doing business in this
state or is otherwise subject to jurisdiction in this state; and
(6) other groupwide supervision
activities, consistent with the authorities and purposes enumerated above, as
considered necessary by the commissioner.
(f) If the commissioner acknowledges that
another regulatory official from a jurisdiction that is not accredited by the
NAIC is the groupwide supervisor, the commissioner is authorized to reasonably
cooperate, through supervisory colleges or otherwise, with groupwide
supervision undertaken by the groupwide supervisor, provided that:
(1) the commissioner's cooperation is in compliance
with the laws of this state; and
(2) the regulatory official acknowledged
as the groupwide supervisor also recognizes and cooperates with the
commissioner's activities as a groupwide supervisor for other internationally
active insurance groups where applicable.
Where such recognition and cooperation is not reasonably reciprocal, the
commissioner is authorized to refuse recognition and cooperation.
(g) The commissioner is authorized to
enter into agreements with or obtain documentation from any insurer registered
under section 60D.19, any affiliate of the insurer, and other state, federal,
and international regulatory agencies for members of the internationally active
insurance group, that provide the basis for or otherwise clarify a regulatory official's
role as groupwide supervisor.
(h) A registered insurer subject to this section shall be liable for and shall pay the reasonable expenses of the commissioner's participation in the administration of this section, including the engagement of attorneys, actuaries, and any other professionals and all reasonable travel expenses.
ARTICLE 3
RISK-BASED CAPITAL TREND TEST FOR HEALTH ORGANIZATIONS
Section 1. Minnesota Statutes 2018, section 60A.51, is amended by adding a subdivision to read:
Subd. 2a. Excess
of capital. An excess of
capital (net worth) over the amount produced by the risk-based capital
requirements contained in sections 60A.50 to 60A.592 and the formulas,
schedules, and instructions referenced in sections 60A.50 to 60A.592 is desirable
in the business of health insurance. Health
organizations should seek to maintain capital above the RBC levels required by
sections 60A.50 to 60A.592. Additional
capital is useful in the insurance business and helps to secure a health
organization against various risk inherent in or affecting the business of
insurance and not accounted for or only partially measured by the risk-based
capital requirements contained in sections 60A.50 to 60A.592.
Sec. 2. Minnesota Statutes 2018, section 60A.52, subdivision 1, is amended to read:
Subdivision 1. Definition. "Company action level event" means the following events:
(1) the filing of an RBC report by a health organization that indicates that the health organization's total adjusted capital is greater than or equal to its regulatory action level RBC but less than its company action level RBC. If a health organization has total adjusted capital greater than or equal to its company action level RBC but less than the product of its authorized control level RBC multiplied by three, and triggers the trend test determined in accordance with the trend test calculation included in the health RBC instructions;
(2) notification by the commissioner to the health organization of an adjusted RBC report that indicates an event in clause (1), provided the health organization does not challenge the adjusted RBC report under section 60A.56; or
(3) if, pursuant to section 60A.56, a health organization challenges an adjusted RBC report that indicates the event in clause (1), the notification by the commissioner to the health organization that the commissioner has, after a hearing, rejected the health organization's challenge.
ARTICLE 4
CORPORATE GOVERNANCE ANNUAL DISCLOSURE
Section 1.
[60A.1391] CORPORATE
GOVERNANCE ANNUAL DISCLOSURE.
Subdivision 1. Purpose
and scope. (a) The purpose of
sections 60A.142 to 60A.149 is to:
(1) provide the commissioner a summary
of an insurer or insurance group's corporate governance structure, policies,
and practices to permit the commissioner to gain and maintain an understanding
of the insurer's corporate governance framework; and
(2) outline the requirements for
completing a corporate governance annual disclosure with the commissioner.
(b) Nothing in this section shall be construed
to limit the commissioner's authority, or the rights or obligations of third
parties.
(c) The requirements of this section
apply to all insurers domiciled in this state.
Subd. 2. Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(b) "Commissioner" means the
commissioner of commerce.
(c) "Corporate Governance Annual
Disclosure (CGAD)" means a confidential report filed by the insurer or
insurance group according to this section.
(d) "Insurance group" means
those insurers and affiliates included within an insurance holding company
system as defined in section 60D.15, subdivision 5.
(e) "Insurer" has the meaning
given in section 60A.705, subdivision 4, except that it does not include
agencies, authorities, or instrumentalities of the United States, its
possessions and territories, the Commonwealth of Puerto Rico, the District of
Columbia, or a state or political subdivision of a state.
(f) "ORSA summary report"
means the report filed under section 60D.54.
(g)
"Senior management" means any corporate officer responsible for
reporting information to the board of directors at regular intervals or
providing this information to shareholders or regulators and shall include, for
example and without limitation, the Chief Executive Officer (CEO), Chief
Financial Officer (CFO), Chief Operations Officer (COO), Chief Procurement
Officer (CPO), Chief Legal Officer (CLO), Chief Information Officer (CIO),
Chief Technology Officer (CTO), Chief Revenue Officer (CRO), Chief Visionary
Officer (CVO), or any other "C" level executive.
Subd. 3. Disclosure
and filing requirements. (a)
An insurer, or the insurance group of which the insurer is a member, shall, no
later than June 1 of each calendar year, submit to the commissioner a Corporate
Governance Annual Disclosure (CGAD) that contains the information described in
subdivision 4. Notwithstanding any
request from the commissioner made pursuant to paragraph (c), if the insurer is
a member of an insurance group, the insurer shall submit the report required by
this section to the commissioner of the lead state for the insurance group, in
accordance with the laws of the lead state, as determined by the procedures
outlined in the most recent Financial Analysis Handbook adopted by the NAIC.
(b) The CGAD must include a signature
of the insurer or insurance group's chief executive officer or corporate
secretary attesting to the best of that individual's belief and knowledge that
the insurer has implemented the corporate governance practices and that a copy
of the disclosure has been provided to the insurer's or the insurance group's
board of directors or the appropriate committee thereof.
(c) An insurer not required to submit a
CGAD under this section shall do so upon the commissioner's request.
(d) For purposes of completing the
CGAD, the insurer or insurance group may provide information regarding
corporate governance at the ultimate controlling parent level, an intermediate
holding company level, or the individual legal entity level, depending upon how
the insurer or insurance group has structured its system of corporate
governance. The insurer or insurance
group is encouraged to make the CGAD disclosures at the level at which the
insurer's or insurance group's risk appetite is determined, or at which the
earnings, capital, liquidity, operations, and reputation of the insurer are
overseen collectively and at which the supervision of those factors are
coordinated and exercised, or the level at which legal liability for failure of
general corporate governance duties would be placed. If the insurer or insurance group determines
the level of reporting based on these criteria, it shall indicate which of the
three criteria was used to determine the level of reporting and explain any
subsequent changes in level of reporting.
(e) The review of the CGAD and any
additional requests for information shall be made through the lead state as
determined by the procedures within the most recent Financial Analysis Handbook
referenced in paragraph (a). If the CGAD
is completed at the insurance group level, then it must be filed with the lead
state of the group as determined by the procedures outlined in the most recent
Financial Analysis Handbook adopted by the NAIC. In these instances, a copy of the CGAD must
also be provided to the chief regulatory official of any state in which the
insurance group has a domestic insurer, upon request.
(f) Insurers providing information
substantially similar to the information required under this section in other
documents provided to the commissioner, including proxy statements filed in
conjunction with Form B requirements, or other state or federal filings
provided to this department shall not be required to duplicate that information
in the CGAD, but shall be required to clearly cross-reference the location of
the relevant information within the CGAD and attach the referenced document in
which the information is included if not already filed with or available to the
regulator.
(g) Each year following the initial
filing of the CGAD, the insurer or insurance group shall file an amended
version of the previously filed CGAD indicating where changes have been made. If no changes were made in the information or
activities reported by the insurer or insurance group, the filing should so
state.
Subd. 4. Contents
of Corporate Governance Annual Disclosure.
(a) The insurer or insurance group shall have discretion
regarding the appropriate format for providing the information required by this
section, provided the CGAD shall contain the material information necessary to
permit the commissioner to gain an understanding of the insurer's or group's
corporate governance structure, policies, and practices. The commissioner may request additional information
deemed material and necessary to provide the commissioner with a clear
understanding of the corporate governance policies, the reporting or
information system, or controls implementing those policies. Documentation and supporting information
shall be maintained and made available upon examination or upon request of the
commissioner.
(b) The insurer or insurance group
shall be as descriptive as possible in completing the CGAD, with inclusion of
attachments or example documents that are used in the governance process, as
these may provide a means to demonstrate the strengths of their governance
framework and practices.
(c) The CGAD shall describe the
insurer's or insurance group's corporate governance framework and structure
including consideration of the following:
(1) the board and various committees
thereof ultimately responsible for overseeing the insurer or insurance group
and the level(s) at which that oversight occurs (e.g., ultimate control level,
intermediate holding company, legal entity, etc.). The insurer or insurance group shall describe
and discuss the rationale for the current board size and structure; and
(2) the duties of the board and each of
its significant committees and how they are governed (e.g., bylaws, charters,
informal mandates, etc.), as well as how the board's leadership is structured,
including a discussion of the roles of Chief Executive Officer and Chairman of
the Board within the organization.
(d) The insurer or insurance group
shall describe the policies and practices of the most senior governing entity
and significant committees thereof, including a discussion of the following
factors:
(1) how the qualifications, expertise,
and experience of each board member meet the needs of the insurer or insurance
group;
(2) how an appropriate amount of
independence is maintained on the board and its significant committees;
(3) the number of meetings held by the
board and its significant committees over the past year as well as the
information on director attendance;
(4) how the insurer or insurance group
identifies, nominates, and elects members to the board and its committees. The discussion should include, for example:
(i) whether the nomination committee is
in place to identify and select individuals for consideration;
(ii) whether term limits are placed on directors;
(iii) how the election and reelection
processes function; and
(iv) whether a board diversity policy
is in place and if so, how it functions; and
(5) the processes in place for the
board to evaluate its performance and the performance of its committees, as
well as any recent measures taken to improve performance, including any board
or committee training programs that have been put in place.
(e)
The insurer or insurance group shall describe the policies and practices for
directing senior management, including a description of the following factors:
(1) any processes or practices (i.e.,
sustainability standards) to determine whether officers and key persons in
control functions have the appropriate background, experience, and integrity to
fulfill their prospective roles, including:
(i) identification of the specific
positions for which suitability standards have been developed and a description
of the standards employed; and
(ii) any changes in an officer's or key
person's suitability as outlined by the insurer's or insurance group's
standards and procedures to monitor and evaluate such changes;
(2) the insurer's or insurance group's
code of business conduct and ethics, the discussion of which considers, for
example:
(i) compliance with laws, rules, and
regulations; and
(ii) proactive reporting of any illegal
or unethical behavior;
(3) the insurer's or insurance group's
processes for performance evaluation, compensation, and corrective action to
ensure effective senior management throughout the organization, including a
description of the general objectives of significant compensation programs and
what the programs are designed to reward.
The description shall include sufficient detail to allow the commissioner
to understand how the organization ensures that compensation programs do not
encourage or reward excessive risk taking.
Elements to be discussed may include, for example:
(i) the board's role in overseeing
management compensation programs and practices;
(ii) the various elements of
compensation awarded in the insurer's or insurance group's compensation
programs and how the insurer or insurance group determines and calculates the
amount of each element of compensation paid;
(iii) how compensation programs are
related to both company and individual performance over time;
(iv) whether compensation programs
include risk adjustments and how those adjustments are incorporated into the
programs for employees at different levels;
(v) any clawback provisions built into
the programs to recover awards or payments if the performance measures upon
which they are based are restated or otherwise adjusted; and
(vi) any other factors relevant in
understanding how the insurer or insurance group monitors its compensation
policies to determine whether its risk management objectives are met by
incentivizing its employees; and
(4) the insurer's or insurance group's
plans for CEO and senior management succession.
(f) The insurer or insurance group
shall describe the processes by which the board, its committees, and senior
management ensure an appropriate amount of oversight to the critical risk areas
impacting the insurer's business activities, including a discussion of:
(1) how oversight and management
responsibilities are delegated between the board, its committees, and senior
management;
(2)
how the board is kept informed of the insurer's strategic plans, the associated
risks, and steps that senior management is taking to monitor and manage those
risks; and
(3) how reporting responsibilities are
organized for each critical risk area. The
description should allow the commissioner to understand the frequency at which
information on each critical risk area is reported to and reviewed by senior
management and the board. This
description may include, for example, the following critical risk areas of the
insurer:
(i) risk management processes (an ORSA
Summary Report filer may refer to its ORSA Summary Report pursuant to the Risk
Management and Own Risk and Solvency Assessment Model Act);
(ii) actuarial function;
(iii) investment decision-making
processes;
(iv) reinsurance decision-making
processes;
(v) business strategy and finance
decision-making processes;
(vi) compliance function;
(vii) financial reporting and internal
auditing; and
(viii) market conduct decision-making
processes.
Subd. 5. Confidentiality. (a) Documents, materials, or other
information, including the CGAD, in the possession or control of the department
that are obtained by, created by, or disclosed to the commissioner or any other
person under this section are recognized by this state as being confidential,
protected nonpublic, and containing trade secrets. Those documents, materials, or other
information are classified as confidential, protected nonpublic, or both, are
not subject to subpoena, and are not subject to discovery or admissible in
evidence in any private civil action. However,
the commissioner may use the documents, materials, or other information in the
furtherance of a regulatory or legal action brought as a part of the
commissioner's official duties. The
commissioner shall not otherwise make the documents, materials, or other
information public without the prior written consent of the insurer. Nothing in this section shall be construed to
require written consent of the insurer before the commissioner may share or
receive confidential documents, materials, or other CGAD-related information
pursuant to paragraph (c) below to assist in the performance of the commissioner's
regular duties.
(b) Neither the commissioner nor any
person who received documents, materials, or other CGAD-related information,
through examination or otherwise, while acting under the authority of the
commissioner, or with whom the documents, materials, or other information are
shared pursuant to this section are permitted or required to testify in any
private civil action concerning documents, materials, or information subject to
this subdivision that are classified as confidential, protected nonpublic, or
both.
(c) In order to assist in the
performance of the commissioner's regulatory duties, the commissioner:
(1) may, upon request, share documents,
materials, or other CGAD-related information, including the confidential,
protected nonpublic, and privileged documents, materials, or information
subject to this subdivision, with other state, federal, and international
financial regulatory agencies, including members of any supervisory college as
defined in section 60D.215, with the NAIC, and with third-party consultants
pursuant to subdivision 7, provided that the recipient agrees in writing to
maintain the confidentiality and privileged status of the CGAD‑related
documents, material, or other information and has verified in writing the legal
authority to maintain confidentiality; and
(2)
may receive documents, materials, or other CGAD-related information, including
otherwise confidential, protected nonpublic, and privileged documents,
materials, or information, from regulatory officials of other state, federal,
and international financial regulatory agencies, including members of any
supervisory college as defined in section 60D.215 and from the NAIC, and shall
maintain as confidential, protected nonpublic, or privileged any documents,
materials, or information received with notice or the understanding that it is
confidential, protected nonpublic, or privileged under the laws of the
jurisdiction that is the source of the document, material, or information.
(d) The sharing of information and documents
by the commissioner pursuant to this section shall not constitute a delegation
of regulatory authority or rulemaking, and the commissioner is solely
responsible for the administration, execution, and enforcement of the
provisions of this section.
(e) No waiver of any applicable
privilege or claim of confidentiality in the documents, trade-secret materials,
or other CGAD-related information shall occur as a result of disclosure of such
CGAD-related information or documents to the commissioner under this
subdivision or as a result of sharing as authorized under this section.
Subd. 6. NAIC
and third-party consultants. (a)
The commissioner may retain, at the insurer's expense, third‑party
consultants, including attorneys, actuaries, accountants, and other experts not
otherwise a part of the commissioner's staff as may be reasonably necessary to
assist the commissioner in reviewing the CGAD and related information or the
insurer's compliance with this section.
(b) Any person retained under paragraph
(a) shall be under the direction and control of the commissioner and shall act
in a purely advisory capacity.
(c) The NAIC and third-party
consultants shall be subject to the same confidentiality standards and
requirements as the commissioner.
(d) As part of the retention process, a
third-party consultant shall verify to the commissioner, with notice to the
insurer, that it is free of a conflict of interest and that it has internal
procedures in place to monitor compliance with a conflict and to comply with
the confidentiality standards and requirements of this section.
(e) A written agreement with the NAIC
or a third-party consultant governing sharing and use of information provided
pursuant to this section shall contain the following provisions and expressly
require the written consent of the insurer prior to making public information
provided under this section:
(1) specific procedures and protocols
for maintaining the confidentiality and security of CGAD-related information
shared with the NAIC or a third-party consultant pursuant to this section;
(2) procedures and protocols for
sharing by the NAIC only with other state regulators from states in which the
insurance group has domiciled insurers. The
agreement shall provide that the recipient agrees in writing to maintain the
confidentiality and privileged status of the CGAD-related documents, materials,
or other information and has verified in writing the legal authority to
maintain confidentiality;
(3) a provision specifying that
ownership of the CGAD-related information shared with the NAIC or a third‑party
consultant remains with the department and the NAIC's or third-party
consultant's use of the information is subject to the direction of the
commissioner;
(4) a provision that prohibits the NAIC
or a third-party consultant from storing the information shared pursuant to
this section in a permanent database after the underlying analysis is
completed;
(5)
a provision requiring the NAIC or third-party consultant to provide prompt
notice to the commissioner and to the insurer or insurance group regarding any
subpoena, request for disclosure, or request for production of the insurer's
CGAD-related information; and
(6) a requirement that the NAIC or a
third-party consultant to consent to intervention by an insurer in any judicial
or administrative action in which the NAIC or a third-party consultant may be
required to disclose confidential information about the insurer shared with the
NAIC or a third-party consultant pursuant to this section.
Subd. 7. Sanctions. Any insurer failing, without just
cause, to timely file the CGAD as required in this section shall be required to
pay a penalty of $1,000 for each day's delay, to be recovered by the
commissioner and to be paid into the general fund of this state. The commissioner may reduce the penalty if
the insurer demonstrates to the commissioner that the imposition of the penalty
would constitute a financial hardship to the insurer.
EFFECTIVE DATE. This section is effective on January 1, 2020. The first filing of the CGAD shall be in
2020.
ARTICLE 5
MEDICARE SUPPLEMENT INSURANCE
Section 1. Minnesota Statutes 2018, section 62A.3099, is amended by adding a subdivision to read:
Subd. 18a. Newly
eligible individual. "Newly
eligible individual" means an individual who is eligible for Medicare on
or after January 1, 2020, because the individual:
(1) has attained age 65 on or after
January 2020; or
(2) although under age 65, is entitled
to or deemed eligible for benefits under Medicare Part A by reason of
disability or otherwise.
Sec. 2. Minnesota Statutes 2018, section 62A.31, subdivision 1, is amended to read:
Subdivision 1. Policy
requirements. No individual or group
policy, certificate, subscriber contract issued by a health service plan
corporation regulated under chapter 62C, or other evidence of accident and
health insurance the effect or purpose of which is to supplement Medicare
coverage, including to supplement coverage under Medicare Advantage plans
established under Medicare Part C, issued or delivered in this state or offered
to a resident of this state shall be sold or issued to an individual covered by
Medicare unless the requirements in subdivisions 1a to 1u 1v are
met.
Sec. 3. Minnesota Statutes 2018, section 62A.31, is amended by adding a subdivision to read:
Subd. 1v. Medicare
Part B deductible. A Medicare
supplemental policy or certificate must not provide coverage for 100 percent or
any portion of the Medicare Part B deductible to a newly eligible individual.
Sec. 4. Minnesota Statutes 2018, section 62A.315, is amended to read:
62A.315
EXTENDED BASIC MEDICARE SUPPLEMENT PLAN; COVERAGE.
(a) The extended basic Medicare supplement plan must have a level of coverage so that it will be certified as a qualified plan pursuant to section 62E.07, and will provide:
(1) coverage for all of the Medicare Part A inpatient hospital deductible and coinsurance amounts, and 100 percent of all Medicare Part A eligible expenses for hospitalization not covered by Medicare;
(2) coverage for the daily co-payment amount of Medicare Part A eligible expenses for the calendar year incurred for skilled nursing facility care;
(3) coverage for the coinsurance amount or in the case of hospital outpatient department services paid under a prospective payment system, the co-payment amount, of Medicare eligible expenses under Medicare Part B regardless of hospital confinement, and the Medicare Part B deductible amount;
(4) 80 percent of the usual and customary hospital and medical expenses and supplies described in section 62E.06, subdivision 1, not to exceed any charge limitation established by the Medicare program or state law, the usual and customary hospital and medical expenses and supplies, described in section 62E.06, subdivision 1, while in a foreign country; and prescription drug expenses, not covered by Medicare. An outpatient prescription drug benefit must not be included for sale or issuance in a Medicare supplement policy or certificate issued on or after January 1, 2006;
(5) coverage for the reasonable cost of the first three pints of blood, or equivalent quantities of packed red blood cells as defined under federal regulations under Medicare Parts A and B, unless replaced in accordance with federal regulations;
(6) 100 percent of the cost of immunizations not otherwise covered under Part D of the Medicare program and routine screening procedures for cancer, including mammograms and pap smears;
(7) preventive medical care benefit: coverage for the following preventive health services not covered by Medicare:
(i) an annual clinical preventive medical history and physical examination that may include tests and services from clause (ii) and patient education to address preventive health care measures;
(ii) preventive screening tests or preventive services, the selection and frequency of which is determined to be medically appropriate by the attending physician.
Reimbursement shall be for the actual charges up to 100 percent of the Medicare-approved amount for each service as if Medicare were to cover the service as identified in American Medical Association current procedural terminology (AMA CPT) codes to a maximum of $120 annually under this benefit. This benefit shall not include payment for any procedure covered by Medicare;
(8) coverage of cost sharing for all Medicare Part A eligible hospice care and respite care expenses; and
(9) coverage for cost sharing for Medicare Part A or B home health care services and medical supplies.
(b) An extended basic Medicare
supplement plan must provide the benefits contained in this section, but must
not provide coverage for 100 percent or any portion of the Medicare Part B
deductible to a newly eligible individual.
Sec. 5. Minnesota Statutes 2018, section 62A.316, is amended to read:
62A.316
BASIC MEDICARE SUPPLEMENT PLAN; COVERAGE.
(a) The basic Medicare supplement plan must have a level of coverage that will provide:
(1) coverage for all of the Medicare Part A inpatient hospital coinsurance amounts, and 100 percent of all Medicare part A eligible expenses for hospitalization not covered by Medicare, after satisfying the Medicare Part A deductible;
(2) coverage for the daily co-payment amount of Medicare Part A eligible expenses for the calendar year incurred for skilled nursing facility care;
(3) coverage for the coinsurance amount, or in the case of outpatient department services paid under a prospective payment system, the co-payment amount, of Medicare eligible expenses under Medicare Part B regardless of hospital confinement, subject to the Medicare Part B deductible amount;
(4) 80 percent of the hospital and medical expenses and supplies incurred during travel outside the United States as a result of a medical emergency;
(5) coverage for the reasonable cost of the first three pints of blood, or equivalent quantities of packed red blood cells as defined under federal regulations under Medicare Parts A and B, unless replaced in accordance with federal regulations;
(6) 100 percent of the cost of immunizations not otherwise covered under Part D of the Medicare program and routine screening procedures for cancer screening including mammograms and pap smears;
(7) 80 percent of coverage for all physician prescribed medically appropriate and necessary equipment and supplies used in the management and treatment of diabetes not otherwise covered under Part D of the Medicare program. Coverage must include persons with gestational, type I, or type II diabetes. Coverage under this clause is subject to section 62A.3093, subdivision 2;
(8) coverage of cost sharing for all Medicare Part A eligible hospice care and respite care expenses; and
(9) coverage for cost sharing for Medicare Part A or B home health care services and medical supplies subject to the Medicare Part B deductible amount.
(b) The following benefit riders must be offered with this plan:
(1) coverage for all of the Medicare Part A inpatient hospital deductible amount;
(2) 100 percent of the Medicare Part B excess charges coverage for all of the difference between the actual Medicare Part B charges as billed, not to exceed any charge limitation established by the Medicare program or state law, and the Medicare-approved Part B charge;
(3) coverage for all of the Medicare Part B annual deductible; and
(4) preventive medical care benefit coverage for the following preventative health services not covered by Medicare:
(i) an annual clinical preventive medical history and physical examination that may include tests and services from item (ii) and patient education to address preventive health care measures;
(ii) preventive screening tests or preventive services, the selection and frequency of which is determined to be medically appropriate by the attending physician.
Reimbursement shall be for the actual charges up to 100 percent of the Medicare-approved amount for each service, as if Medicare were to cover the service as identified in American Medical Association current procedural terminology (AMA CPT) codes, to a maximum of $120 annually under this benefit. This benefit shall not include payment for a procedure covered by Medicare.
(c)
A basic Medicare supplement plan must provide the benefits contained in this
section, but must not provide coverage for 100 percent or any portion of the
Medicare Part B deductible to a newly eligible individual.
Sec. 6. Minnesota Statutes 2018, section 62A.3161, is amended to read:
62A.3161
MEDICARE SUPPLEMENT PLAN WITH 50 PERCENT COVERAGE.
(a) The Medicare supplement plan with 50 percent coverage must have a level of coverage that will provide:
(1) 100 percent of Medicare Part A hospitalization coinsurance plus coverage for 365 days after Medicare benefits end;
(2) coverage for 50 percent of the Medicare Part A inpatient hospital deductible amount per benefit period until the out-of-pocket limitation is met as described in clause (8);
(3) coverage for 50 percent of the coinsurance amount for each day used from the 21st through the 100th day in a Medicare benefit period for posthospital skilled nursing care eligible under Medicare Part A until the out-of-pocket limitation is met as described in clause (8);
(4) coverage for 50 percent of cost sharing for all Medicare Part A eligible expenses and respite care until the out-of-pocket limitation is met as described in clause (8);
(5) coverage for 50 percent, under Medicare Part A or B, of the reasonable cost of the first three pints of blood, or equivalent quantities of packed red blood cells, as defined under federal regulations, unless replaced according to federal regulations, until the out-of-pocket limitation is met as described in clause (8);
(6) except for coverage provided in this clause, coverage for 50 percent of the cost sharing otherwise applicable under Medicare Part B, after the policyholder pays the Medicare Part B deductible, until the out-of-pocket limitation is met as described in clause (8);
(7) coverage of 100 percent of the cost sharing for Medicare Part B preventive services and diagnostic procedures for cancer screening described in section 62A.30 after the policyholder pays the Medicare Part B deductible; and
(8) coverage of 100 percent of all cost sharing under Medicare Parts A and B for the balance of the calendar year after the individual has reached the out-of-pocket limitation on annual expenditures under Medicare Parts A and B of $4,000 in 2006, indexed each year by the appropriate inflation adjustment by the secretary of the United States Department of Health and Human Services.
(b) A Medicare supplement plan with 50
percent coverage must provide the benefits contained in this section, but must
not provide coverage for 100 percent or any portion of the Medicare Part B
deductible to a newly eligible individual.
Sec. 7. Minnesota Statutes 2018, section 62A.3162, is amended to read:
62A.3162
MEDICARE SUPPLEMENT PLAN WITH 75 PERCENT COVERAGE.
(a) The basic Medicare supplement plan with 75 percent coverage must have a level of coverage that will provide:
(1) 100 percent of Medicare Part A hospitalization coinsurance plus coverage for 365 days after Medicare benefits end;
(2) coverage for 75 percent of the Medicare Part A inpatient hospital deductible amount per benefit period until the out-of-pocket limitation is met as described in clause (8);
(3) coverage for 75 percent of the coinsurance amount for each day used from the 21st through the 100th day in a Medicare benefit period for posthospital skilled nursing care eligible under Medicare Part A until the out-of-pocket limitation is met as described in clause (8);
(4) coverage for 75 percent of cost sharing for all Medicare Part A eligible expenses and respite care until the out-of-pocket limitation is met as described in clause (8);
(5) coverage for 75 percent, under Medicare Part A or B, of the reasonable cost of the first three pints of blood, or equivalent quantities of packed red blood cells, as defined under federal regulations, unless replaced according to federal regulations until the out-of-pocket limitation is met as described in clause (8);
(6) except for coverage provided in this clause, coverage for 75 percent of the cost sharing otherwise applicable under Medicare Part B after the policyholder pays the Medicare Part B deductible until the out-of-pocket limitation is met as described in clause (8);
(7) coverage of 100 percent of the cost sharing for Medicare Part B preventive services and diagnostic procedures for cancer screening described in section 62A.30 after the policyholder pays the Medicare Part B deductible; and
(8) coverage of 100 percent of all cost sharing under Medicare Parts A and B for the balance of the calendar year after the individual has reached the out-of-pocket limitation on annual expenditures under Medicare Parts A and B of $2,000 in 2006, indexed each year by the appropriate inflation adjustment by the Secretary of the United States Department of Health and Human Services.
(b) A Medicare supplement plan with 75
percent coverage must provide the benefits contained in this section, but must
not provide coverage for 100 percent or any portion of the Medicare Part B
deductible to a newly eligible individual.
Sec. 8. Minnesota Statutes 2018, section 62A.3163, is amended to read:
62A.3163 MEDICARE SUPPLEMENT PLAN WITH 50 PERCENT
PART A DEDUCTIBLE COVERAGE.
(a) The Medicare supplement plan with 50 percent Medicare Part A deductible coverage must have a level of coverage that will provide:
(1) 100 percent of Medicare Part A hospitalization coinsurance plus coverage for 365 days after Medicare benefits end;
(2) coverage for 50 percent of the Medicare Part A inpatient hospital deductible amount per benefit period;
(3) coverage for the coinsurance amount for each day used from the 21st through the 100th day in a Medicare benefit period for posthospital skilled nursing care eligible under Medicare Part A;
(4) coverage for cost sharing for all Medicare Part A eligible hospice and respite care expenses;
(5) coverage under Medicare Part A or B for the reasonable cost of the first three pints of blood, or equivalent quantities of packed red blood cells, as defined under federal regulations;
(6) coverage for 100 percent of the cost sharing otherwise applicable under Medicare Part B, after the policyholder pays the Medicare Part B deductible;
(7) coverage of 100 percent of the cost sharing for Medicare Part B preventive services and diagnostic procedures for cancer screening described in section 62A.30 after the policyholder pays the Medicare Part B deductible;
(8) coverage of 80 percent of the hospital and medical expenses and supplies incurred during travel outside of the United States as a result of a medical emergency; and
(9) coverage for 100 percent of the Medicare Part A or B home health care services and medical supplies after the policyholder pays the Medicare Part B deductible.
(b) A Medicare supplement plan with 50
percent Part A deductible coverage must provide the benefits contained in this
section, but must not provide coverage for 100 percent or any portion of the
Medicare Part B deductible to a newly eligible individual.
Sec. 9. Minnesota Statutes 2018, section 62A.3164, is amended to read:
62A.3164 MEDICARE SUPPLEMENT PLAN WITH $20 AND
$50 CO-PAYMENT MEDICARE PART B COVERAGE.
(a) The Medicare supplement plan with $20 and $50 co-payment Medicare Part B coverage must have a level of coverage that will provide:
(1) 100 percent of Medicare Part A hospitalization coinsurance plus coverage for 365 days after Medicare benefits end;
(2) coverage for the Medicare Part A inpatient hospital deductible amount per benefit period;
(3) coverage for the coinsurance amount for each day used from the 21st through the 100th day in a Medicare benefit period for posthospital skilled nursing care eligible under Medicare Part A;
(4) coverage for the cost sharing for all Medicare Part A eligible hospice and respite care expenses;
(5) coverage for Medicare Part A or B of the reasonable cost of the first three pints of blood, or equivalent quantities of packed red blood cells, as defined under federal regulations, unless replaced according to federal regulations;
(6) coverage for 100 percent of the cost sharing otherwise applicable under Medicare Part B except for the lesser of $20 or the Medicare Part B coinsurance or co-payment for each covered health care provider office visit and the lesser of $50 or the Medicare Part B coinsurance or co-payment for each covered emergency room visit; however, this co-payment shall be waived if the insured is admitted to any hospital and the emergency visit is subsequently covered as a Medicare Part A expense;
(7) coverage of 100 percent of the cost sharing for Medicare Part B preventive services and diagnostic procedures for cancer screening described in section 62A.30 after the policyholder pays the Medicare Part B deductible;
(8) coverage of 80 percent of the hospital and medical expenses and supplies incurred during travel outside of the United States as a result of a medical emergency; and
(9) coverage for Medicare Part A or B home health care services and medical supplies after the policyholder pays the Medicare Part B deductible.
(b) A Medicare supplement plan with $20
and $50 co-payment Medicare Part B coverage must provide the benefits contained in this section, but must not
provide coverage for 100 percent or any portion of the Medicare Part B
deductible to a newly eligible individual.
No portion of the co-payment referenced in this paragraph may be applied
to a Medicare Part B deductible.
Sec. 10. Minnesota Statutes 2018, section 62A.3165, is amended to read:
62A.3165
MEDICARE SUPPLEMENT PLAN WITH HIGH DEDUCTIBLE COVERAGE.
(a) The Medicare supplement plan will pay 100 percent coverage upon payment of the annual high deductible. The annual deductible shall consist of out-of-pocket expenses, other than premiums, for services covered. This plan must have a level of coverage that will provide:
(1) 100 percent of Medicare Part A hospitalization coinsurance plus coverage for 365 days after Medicare benefits end;
(2) coverage for 100 percent of the Medicare Part A inpatient hospital deductible amount per benefit period;
(3) coverage for 100 percent of the coinsurance amount for each day used from the 21st through the 100th day in a Medicare benefit period for posthospital skilled nursing care eligible under Medicare Part A;
(4) coverage for 100 percent of cost sharing for all Medicare Part A eligible expenses and respite care;
(5) coverage for 100 percent, under Medicare Part A or B, of the reasonable cost of the first three pints of blood, or equivalent quantities of packed red blood cells, as defined under federal regulations, unless replaced according to federal regulations;
(6) except for coverage provided in this clause, coverage for 100 percent of the cost sharing otherwise applicable under Medicare Part B;
(7) coverage of 100 percent of the cost sharing for Medicare Part B preventive services and diagnostic procedures for cancer screening described in section 62A.30 after the policyholder pays the Medicare Part B deductible;
(8) coverage of 100 percent of the hospital and medical expenses and supplies incurred during travel outside of the United States as a result of a medical emergency;
(9) coverage for 100 percent of Medicare Part A and B home health care services and medical supplies; and
(10) the basis for the deductible shall be $1,860 and shall be adjusted annually from 2010 by the secretary of the United States Department of Health and Human Services to reflect the change in the Consumer Price Index for all urban consumers for the 12-month period ending with August of the preceding year, and rounded to the nearest multiple of $10.
(b) A Medicare supplement plan with
high deductible coverage must provide the benefits contained in this section,
but must not provide coverage for 100 percent or any portion of the Medicare
Part B deductible to a newly eligible individual.
Sec. 11. Minnesota Statutes 2018, section 62A.318, subdivision 17, is amended to read:
Subd. 17. Types of plans. (a) Medicare select policies and certificates offered by the issuer must provide the coverages specified in sections 62A.315 to 62A.3165. Before a Medicare select policy or certificate is sold or issued in this state, the applicant must be provided with an explanation of coverage for each of the coverages specified in sections 62A.315 to 62A.3165 and must be provided with the opportunity of purchasing such coverage if offered by the issuer. The basic plan may also include any of the optional benefit riders authorized by section 62A.316. Preventive care provided by Medicare select policies or certificates must be provided as set forth in section 62A.315 or 62A.316, except that the benefits are as defined in chapter 62D.
(b) Medicare select policies and
certificates must provide the benefits contained in this section, but must not
provide coverage for 100 percent or any portion of the Medicare Part B
deductible to a newly eligible individual.
Sec. 12. Minnesota Statutes 2018, section 62E.07, is amended to read:
62E.07
QUALIFIED MEDICARE SUPPLEMENT PLAN.
(a) Any plan which provides benefits may be certified as a qualified Medicare supplement plan if the plan is designed to supplement Medicare and provides coverage of 100 percent of the deductibles required under Medicare, with exclusion under paragraph (b) for any part of the Medicare Part B deductible, and 80 percent of the charges for covered services described in section 62E.06, subdivision 1, which charges are not paid by Medicare. The coverage shall include a limitation of $1,000 per person on total annual out-of-pocket expenses for the covered services.
(b) Any plan sold or issued to a newly
eligible individual, as defined in section 62A.3099, subdivision 18a, that
provides benefits may be certified as a qualified Medicare supplemental plan if
the plan is designed to supplement Medicare and provides coverage of 100
percent of the deductibles, with the exception of coverage of:
(1) 100 percent or any portion of the
Medicare Part B deductible; and
(2) 80 percent of the charges for
covered services, as provided under section 62E.06, subdivision 6, that are
charges not paid by Medicare.
The coverage must include a $1,000 per person limitation on
total annual out-of-pocket expenses for the covered services.
Sec. 13. EFFECTIVE
DATE.
Sections 1 to 12 are effective the day following final enactment. The coverage requirements provided by this act in sections 1 to 12 apply to Medicare supplemental policies or certificates sold or issued on or after January 1, 2020, to a newly eligible individual."
Delete the title and insert:
"A bill for an act relating to insurance; making changes to conform with certain model regulations; making federally conforming changes to supplemental Medicare coverage; amending Minnesota Statutes 2018, sections 60A.1291, subdivisions 1, 15, by adding a subdivision; 60A.51, by adding a subdivision; 60A.52, subdivision 1; 60D.15, by adding subdivisions; 62A.3099, by adding a subdivision; 62A.31, subdivision 1, by adding a subdivision; 62A.315; 62A.316; 62A.3161; 62A.3162; 62A.3163; 62A.3164; 62A.3165; 62A.318, subdivision 17; 62E.07; proposing coding for new law in Minnesota Statutes, chapters 60A; 60D."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2145, A bill for an act relating to game and fish; requiring license to take muskellunge; amending Minnesota Statutes 2018, sections 97A.445, subdivisions 1, 1a; 97A.451, subdivisions 2, 5; 97A.475, subdivisions 6, 7; 97A.485, subdivision 6; 97C.301, by adding a subdivision.
Reported the same back with the following amendments:
Page 2, after line 14, insert:
"Sec. 4. Minnesota Statutes 2018, section 97A.451, subdivision 2a, is amended to read:
Subd. 2a. Residents age 16 or 17; muskellunge or spearing. Residents age 16 or over and under age 18 may take muskellunge without a muskellunge license and fish by spearing without a spearing license but must possess a fishing license under section 97A.475, subdivision 6, clause (7)."
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Halverson from the Committee on Commerce to which was referred:
H. F. No. 2154, A bill for an act relating to lawful gambling; modifying regulatory provisions of the Gambling Control Board; making clarifying, conforming, and technical changes; amending Minnesota Statutes 2018, sections 349.12, subdivision 2; 349.17, subdivision 6; 349.181, subdivision 5; 349.19, subdivisions 1, 2.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Freiberg from the Committee on Government Operations to which was referred:
H. F. No. 2171, A bill for an act relating to health; directing the commissioner of health to convene one or more working groups to examine links between health disparities and educational achievement for children from American Indian communities and communities of color; requiring a report; appropriating money.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2258, A bill for an act relating to natural resources; prohibiting use of certain conservation materials; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 103F.
Reported the same back with the following amendments:
Page 1, line 7, delete "(a)"
Page 1, delete lines 15 and 16
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2267, A bill for an act relating to environment; providing for carpet product stewardship program; requiring a report; amending Minnesota Statutes 2018, sections 13.7411, subdivision 4; 115A.142; proposing coding for new law in Minnesota Statutes, chapter 115A.
Reported the same back with the following amendments:
Page 1, delete section 1
Page 8, line 25, delete "to 3" and insert "and 2"
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2321, A bill for an act relating to natural resources; prohibiting purchase or sale of right to kill privately-owned big game; proposing coding for new law in Minnesota Statutes, chapter 97B.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Freiberg from the Committee on Government Operations to which was referred:
H. F. No. 2398, A bill for an act relating to aeronautics; modifying provisions governing airport zoning; amending Minnesota Statutes 2018, sections 360.013, by adding a subdivision; 360.017, subdivision 1; 360.021, subdivision 1; 360.062; 360.063, subdivisions 1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066, subdivision 1; 360.067, by adding a subdivision; 360.071, subdivision 2; 360.305, subdivision 6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25, subdivision 3; 462.352, by adding a subdivision; 462.355, subdivision 1; 462.357, subdivision 9, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 360; repealing Minnesota Statutes 2018, sections 360.063, subdivision 4; 360.065, subdivision 2; 360.066, subdivisions 1a, 1b.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2442, A bill for an act relating to game and fish; allowing use of night vision equipment while hunting coyote or fox; establishing civil penalties; amending Minnesota Statutes 2018, sections 97A.421, by adding a subdivision; 97B.086.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
SECOND READING
OF HOUSE BILLS
H. F. Nos. 85, 286, 495,
682, 1065, 1386, 1408, 1571, 1882, 1883, 1960, 2051 and 2154 were read for the
second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Huot and Bierman introduced:
H. F. No. 2603, A bill for an act relating to transportation; appropriating money to construct a roundabout on marked Trunk Highway 3 in Rosemount; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Liebling introduced:
H. F. No. 2604, A bill for an act relating to human services; requiring a report on the cost of producing legislatively mandated reports.
The bill was read for the first time and referred to the Committee on Ways and Means.
Liebling introduced:
H. F. No. 2605, A bill for an act relating to human services; requiring deposit of background study fees to the special revenue fund; amending Minnesota Statutes 2018, section 245C.10, subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 9a, 10, 11, 12, 13.
The bill was read for the first time and referred to the Committee on Ways and Means.
Liebling introduced:
H. F. No. 2606, A bill for an act relating to health; appropriating money to the commissioner of health for public health services.
The bill was read for the first time and referred to the Committee on Ways and Means.
McDonald introduced:
H. F. No. 2607, A bill for an act relating to capital investment; appropriating money for infrastructure improvements in the city of Annandale; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Sundin, Ecklund and Swedzinski introduced:
H. F. No. 2608, A bill for an act relating to natural resources; facilitating integration of aggregate mapping information into county comprehensive planning process; appropriating money; amending Minnesota Statutes 2018, section 84.94, subdivision 3, by adding subdivisions.
The bill was read for the first time and referred to the Committee on Ways and Means.
Heintzeman introduced:
H. F. No. 2609, A bill for an act relating to game and fish; expanding use of crossbows during firearms deer season; amending Minnesota Statutes 2018, section 97B.036.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Pinto introduced:
H. F. No. 2610, A bill for an act relating to early education finance; modifying school readiness aid; amending Minnesota Statutes 2018, section 124D.16, subdivision 2.
The bill was read for the first time and referred to the Committee on Ways and Means.
Pelowski, Poppe, Gunther, Anderson and Davids introduced:
H. F. No. 2611, A bill for an act relating to public safety; transferring money to the disaster assistance contingency account.
The bill was read for the first time and referred to the Committee on Ways and Means.
Loeffler, Marquart, Hertaus and Drazkowski introduced:
H. F. No. 2612, A bill for an act relating to taxation; sales and use; amending the requirements for imposition and use of local sales and use taxes; amending Minnesota Statutes 2018, section 297A.99, subdivisions 1, 2, 3, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Haley introduced:
H. F. No. 2613, A bill for an act relating to health insurance; establishing a pilot program in southeastern Minnesota that requires health plan companies to develop and implement a shared savings incentive program.
The bill was read for the first time and referred to the Committee on Commerce.
McDonald, Baker, Erickson, Theis, Koznick, Lucero, Mekeland, Albright and Garofalo introduced:
H. F. No. 2614, A bill for an act relating to employment; creating a two-tiered minimum wage for tipped employees; amending Minnesota Statutes 2018, section 177.24, subdivision 1; repealing Minnesota Statutes 2018, section 177.24, subdivision 2.
The bill was read for the first time and referred to the Committee on Labor.
Runbeck, Bennett, Her and Xiong, J., introduced:
H. F. No. 2615, A bill for an act relating to workforce development; appropriating money for career and technical education.
The bill was read for the first time and referred to the Committee on Ways and Means.
Schultz introduced:
H. F. No. 2616, A bill for an act relating to human services; establishing an integrated health care, services, and supports partnership demonstration project; establishing a long-term care access fund; proposing coding for new law in Minnesota Statutes, chapters 16A; 256B.
The bill was read for the first time and referred to the Committee on Ways and Means.
Schultz introduced:
H. F. No. 2617, A bill for an act relating to human services; establishing additional reimbursement for out‑of‑home placements; requiring reports; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 477A.
The bill was read for the first time and referred to the Committee on Taxes.
Stephenson introduced:
H. F. No. 2618, A bill for an act relating to energy; establishing a demonstration grant program to purchase electric school buses; appropriating money.
The bill was read for the first time and referred to the Committee on Ways and Means.
Schultz, Olson, Koegel and Becker-Finn introduced:
H. F. No. 2619, A bill for an act relating to capital investment; appropriating money for renovation of AB Anderson Hall at the University of Minnesota, Duluth campus; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Drazkowski introduced:
H. F. No. 2620, A bill for an act relating to taxation; property; establishing property tax exemption for charitable farmland; amending Minnesota Statutes 2018, section 272.02, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Nornes introduced:
H. F. No. 2621, A bill for an act relating to local government aid; appropriating money for a grant to Otter Tail County for debt service on a building in Fergus Falls.
The bill was read for the first time and referred to the Committee on Taxes.
Mahoney introduced:
H. F. No. 2622, A bill for an act relating to workforce development; mandating a biannual inventory of workforce development programs; requiring reports; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116L.
The bill was read for the first time and referred to the Committee on Ways and Means.
Mahoney introduced:
H. F. No. 2623, A bill for an act relating to workforce development; creating the Minnesota technology training account in the special revenue fund; appropriating money in the account for training in digital technology; transferring funds from the excess surplus in the assigned risk plan; proposing coding for new law in Minnesota Statutes, chapter 116L.
The bill was read for the first time and referred to the Committee on Ways and Means.
Schomacker introduced:
H. F. No. 2624, A bill for an act relating to capital investment; appropriating money for reconstruction of marked Trunk Highway 75 in Luverne; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Long introduced:
H. F. No. 2625, A bill for an act relating to solar energy; amending operational aspects of community solar gardens; creating a new category of community solar gardens; requiring a report; appropriating money; amending Minnesota Statutes 2018, sections 216B.1641; 216B.2422, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 216B.
The bill was read for the first time and referred to the Committee on Ways and Means.
Nornes introduced:
H. F. No. 2626, A bill for an act relating to capital investment; appropriating money for improvements to the Fergus Falls armory; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Gomez introduced:
H. F. No. 2627, A bill for an act relating to state government; appropriating money for a grant to Red Lake Band of Chippewa Indians to purchase certain property to provide shelter to residents of the Hiawatha Homeless Encampment.
The bill was read for the first time and referred to the Committee on Ways and Means.
Davids introduced:
H. F. No. 2628, A bill for an act relating to taxation; corporate franchise; modifying due dates for estimated tax payments; amending Minnesota Statutes 2018, section 289A.26, subdivisions 2, 3.
The bill was read for the first time and referred to the Committee on Taxes.
Dehn, Pierson and Vang introduced:
H. F. No. 2629, A bill for an act relating to state lands; allowing county boards to spend net proceeds from sale of tax-forfeited land for certain purposes; amending Minnesota Statutes 2018, section 282.08.
The bill was read for the first time and referred to the Committee on Taxes.
Pryor introduced:
H. F. No. 2630, A bill for an act relating to pensions; authorizing a service credit purchase.
The bill was read for the first time and referred to the Committee on Government Operations.
Nelson introduced:
H. F. No. 2631, A bill for an act relating to retirement; increasing the limits for contributions by governmental subdivisions to supplemental pension funds and other retirement funds on behalf of laborers, plumbers and pipefitters, and operating engineers who are covered by collective bargaining agreements; authorizing limited contributions to supplemental pension funds and other retirement funds on behalf of other building trades employees; amending Minnesota Statutes 2018, sections 353.01, subdivision 10; 356.24, subdivision 1.
The bill was read for the first time and referred to the Committee on Government Operations.
Murphy, by request, introduced:
H. F. No. 2632, A bill for an act relating to retirement; Minnesota State Retirement System administrative revisions; establishing application filing procedures; clarifying voting rights of unclassified plan members; establishing rights upon partial repayment of a refund; payment of contributions for retroactive coverage elected by employees of the Department of Military Affairs and the Fire Marshal Division; making other changes of an administrative nature; amending Minnesota Statutes 2018, sections 3A.02, by adding a subdivision; 352.03, subdivisions 1, 1b; 352.113, subdivision 2; 352.115, subdivision 7, by adding a subdivision; 352.23; 352.85, subdivision 4; 352.87, subdivision 8; 352B.08, by adding a subdivision; 352D.05, subdivision 3; 352F.04, subdivision 1; 490.126, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 356; repealing Minnesota Statutes 2018, section 352F.06.
The bill was read for the first time and referred to the Committee on Government Operations.
Murphy, by request, introduced:
H. F. No. 2633, A bill for an act relating to retirement; Public Employees Retirement Association phased retirement option; eliminating expiration of the program and annual renewal requirement; clarifying language; amending Minnesota Statutes 2018, section 353.371, subdivisions 1, 2, 3, 4, 5, 6, 7; repealing Minnesota Statutes 2018, section 353.371, subdivision 8.
The bill was read for the first time and referred to the Committee on Government Operations.
Daniels introduced:
H. F. No. 2634, A bill for an act relating to occupational licensing; creating the Board of Sign Language Interpreters and Transliterators; requiring licensure; authorizing rulemaking; providing penalties; amending Minnesota Statutes 2018, section 546.44, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 156B.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Mann and Morrison introduced:
H. F. No. 2635, A bill for an act relating to health; authorizing pharmacists to prescribe self-administered hormonal contraceptives, tobacco and nicotine cessation medications and products, opiate antagonists, and travel medications; amending Minnesota Statutes 2018, sections 151.01, subdivisions 23, 27, by adding a subdivision; 256B.0625, subdivision 13h; proposing coding for new law in Minnesota Statutes, chapter 151.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Olson and Schultz introduced:
H. F. No. 2636, A bill for an act relating to port authorities; allowing the Seaway Port Authority of Duluth to conduct meetings by telephone or other electronic means; amending Minnesota Statutes 2018, section 469.074, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Government Operations.
Mann and Liebling introduced:
H. F. No. 2637, A bill for an act relating to health; providing an exemption from provider conflict of interest restrictions for infusion drugs; amending Minnesota Statutes 2018, section 62J.23, subdivision 2.
The bill was read for the first time and referred to the Committee on Commerce.
REPORT
FROM THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
Winkler from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Thursday, March
21, 2019 and established a prefiling requirement for amendments offered to the
following bills:
H. F. Nos. 10, 679, 680,
892 and 1503.
MOTIONS AND RESOLUTIONS
Dettmer moved that the name of Boe be
added as an author on H. F. No. 69. The motion prevailed.
Freiberg moved that the name of Brand be
added as an author on H. F. No. 99. The motion prevailed.
Dettmer moved that the name of Morrison be
added as an author on H. F. No. 204. The motion prevailed.
Bennett moved that the name of Runbeck be
added as an author on H. F. No. 246. The motion prevailed.
Halverson moved that the name of Persell
be added as an author on H. F. No. 284. The motion prevailed.
Kunesh-Podein moved that the name of Huot
be added as an author on H. F. No. 292. The motion prevailed.
Lien moved that the name of Zerwas be
added as an author on H. F. No. 356. The motion prevailed.
Brand moved that the name of Pierson be
added as an author on H. F. No. 422. The motion prevailed.
Franson moved that the names of Miller,
Layman, Koznick, Anderson, Robbins, Fabian, Neu, Zerwas, Petersburg,
Gruenhagen, Baker, Johnson, Munson, Runbeck, Hertaus, Haley, Bennett and
Heintzeman be added as authors on H. F. No. 445. The motion prevailed.
O'Neill moved that the name of Bahner be
added as an author on H. F. No. 464. The motion prevailed.
Urdahl moved that the name of Fischer be
added as an author on H. F. No. 478. The motion prevailed.
O'Neill moved that the name of Bahner be
added as an author on H. F. No. 480. The motion prevailed.
Howard moved that the name of Brand be
added as an author on H. F. No. 485. The motion prevailed.
Elkins moved that the name of Edelson be
added as an author on H. F. No. 511. The motion prevailed.
Hausman moved that the name of Xiong, J.,
be added as an author on H. F. No. 543. The motion prevailed.
Runbeck moved that the name of Lucero be
added as an author on H. F. No. 618. The motion prevailed.
Tabke moved that the name of Mariani be
added as an author on H. F. No. 681. The motion prevailed.
Mann moved that the name of Mariani
be added as an author on H. F. No. 684. The motion prevailed.
Cantrell moved that the name of Bierman be
added as an author on H. F. No. 724. The motion prevailed.
Quam moved that the name of Fabian be
added as an author on H. F. No. 855. The motion prevailed.
Stephenson moved that the name of Munson
be added as an author on H. F. No. 892. The motion prevailed.
Hornstein moved that the names of Carlson,
L.; Christensen and Freiberg be added as authors on
H. F. No. 895. The motion
prevailed.
Edelson moved that the name of Demuth be
added as an author on H. F. No. 910. The motion prevailed.
Moller moved that the name of Mariani be
added as an author on H. F. No. 932. The motion prevailed.
Bierman moved that the name of Hassan be
added as an author on H. F. No. 964. The motion prevailed.
Davids moved that the name of Pierson be
added as an author on H. F. No. 994. The motion prevailed.
Zerwas moved that the name of Lucero be
added as an author on H. F. No. 1000. The motion prevailed.
Mann moved that the name of Schultz be
added as an author on H. F. No. 1011. The motion prevailed.
Moran moved that the name of Demuth be
added as an author on H. F. No. 1056. The motion prevailed.
Hausman moved that the name of Mariani be
added as an author on H. F. No. 1151. The motion prevailed.
Tabke moved that the name of Lesch be
added as an author on H. F. No. 1156. The motion prevailed.
Ecklund moved that the name of Morrison be
added as an author on H. F. No. 1189. The motion prevailed.
Wagenius moved that the name of Bierman be
added as an author on H. F. No. 1239. The motion prevailed.
Baker moved that the name of Becker-Finn
be added as an author on H. F. No. 1247. The motion prevailed.
Cantrell moved that the name of Mariani be
added as an author on H. F. No. 1257. The motion prevailed.
Lippert moved that the names of Fischer
and Brand be added as authors on H. F. No. 1299. The motion prevailed.
Wazlawik moved that the name of
Becker-Finn be added as an author on H. F. No. 1341. The motion prevailed.
Christensen moved that the name of Lillie
be added as an author on H. F. No. 1342. The motion prevailed.
Erickson moved that the name of Huot be
added as an author on H. F. No. 1370. The motion prevailed.
Marquart moved that the name of Kresha be
added as an author on H. F. No. 1391. The motion prevailed.
Poppe moved that the name of Pierson be
added as an author on H. F. No. 1417. The motion prevailed.
Poppe moved that the name of Pierson
be added as an author on H. F. No. 1418. The motion prevailed.
Poppe moved that the name of Pierson be
added as an author on H. F. No. 1419. The motion prevailed.
Davnie moved that the name of Koznick be
added as an author on H. F. No. 1504. The motion prevailed.
Olson moved that the name of Ecklund be
added as an author on H. F. No. 1533. The motion prevailed.
Wolgamott moved that his name be stricken
as an author on H. F. No. 1666.
The motion prevailed.
Sandstede moved that the name of Layman be
added as an author on H. F. No. 1699. The motion prevailed.
Youakim moved that the names of Pryor and
Nornes be added as authors on H. F. No. 1782. The motion prevailed.
Ecklund moved that the names of Hamilton
and Torkelson be added as authors on H. F. No. 1839. The motion prevailed.
Wolgamott moved that the name of Anderson
be added as an author on H. F. No. 1871. The motion prevailed.
Lesch moved that the name of Stephenson be
added as an author on H. F. No. 1941. The motion prevailed.
Loeffler moved that the name of Sauke be
added as an author on H. F. No. 1967. The motion prevailed.
Lesch moved that the name of Dettmer be
added as an author on H. F. No. 1971. The motion prevailed.
Christensen moved that the name of
Bernardy be added as an author on H. F. No. 1982. The motion prevailed.
Huot moved that the name of Bierman be
added as an author on H. F. No. 1993. The motion prevailed.
Hansen moved that the names of Mariani and
Lee be added as authors on H. F. No. 2070. The motion prevailed.
Moran moved that the name of Fischer be
added as an author on H. F. No. 2114. The motion prevailed.
Kresha moved that the name of Dettmer be
added as an author on H. F. No. 2144. The motion prevailed.
Sundin moved that the name of Vang be
added as an author on H. F. No. 2180. The motion prevailed.
Vang moved that the name of Gomez be added
as an author on H. F. No. 2248.
The motion prevailed.
Xiong, J., moved that the name of Lesch be
added as an author on H. F. No. 2285. The motion prevailed.
Jurgens moved that the name of Davids be
added as an author on H. F. No. 2317. The motion prevailed.
Huot moved that the name of Cantrell be
added as an author on H. F. No. 2328. The motion prevailed.
Vang moved that the name of Gomez be added
as an author on H. F. No. 2345.
The motion prevailed.
Loeffler moved that the name of Her be
added as an author on H. F. No. 2349. The motion prevailed.
Garofalo moved that the name of
Lippert be added as an author on H. F. No. 2461. The motion prevailed.
Sundin moved that the name of Howard be
added as an author on H. F. No. 2467. The motion prevailed.
Pierson moved that the names of Vang,
Urdahl and Dehn be added as authors on H. F. No. 2500. The motion prevailed.
Sandell moved that the name of Kresha be
added as an author on H. F. No. 2531. The motion prevailed.
Vang moved that the name of Gomez be added
as an author on H. F. No. 2541.
The motion prevailed.
Vang moved that the name of Xiong, J., be
added as an author on H. F. No. 2545. The motion prevailed.
Hassan moved that the names of Vang and
Xiong, J., be added as authors on H. F. No. 2546. The motion prevailed.
Robbins moved that the name of Demuth be
added as an author on H. F. No. 2565. The motion prevailed.
Halverson moved that the name of Dehn be
added as an author on H. F. No. 2571. The motion prevailed.
Xiong, T., moved that the name of Xiong,
J., be added as an author on H. F. No. 2580. The motion prevailed.
Morrison moved that the name of Dehn be
added as an author on H. F. No. 2581. The motion prevailed.
Gomez moved that the name of Xiong, J., be
added as an author on H. F. No. 2587. The motion prevailed.
Xiong, T., moved that the name of Xiong,
J., be added as an author on H. F. No. 2596. The motion prevailed.
Xiong, T., moved that the name of Xiong,
J., be added as an author on H. F. No. 2597. The motion prevailed.
Dettmer moved that
H. F. No. 492, now on the General Register, be re-referred to
the Committee on Ways and Means. The
motion prevailed.
Murphy moved that
H. F. No. 2387 be recalled from the Committee on Government
Operations and be re‑referred to the Committee on Taxes. The motion prevailed.
Miller was excused for the remainder of
today's session.
MOTION TO
SUSPEND RULES
Pursuant to House rule 4.30, Davids moved
that the rules be so far suspended so that S. F. No. 761 be
recalled from the Committee on Ways and Means, be given its second reading and
be placed on the General Register.
A roll call was requested and properly
seconded.
The question was taken on the Davids
motion and the roll was called. There
were 46 yeas and 79 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Erickson
Fabian
Franson
Garofalo
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lueck
McDonald
Nornes
O'Driscoll
O'Neill
Petersburg
Pierson
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Torkelson
Urdahl
Vogel
Zerwas
Those who voted in the negative were:
Acomb
Bahner
Bahr
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Drazkowski
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Lucero
Mahoney
Mann
Mariani
Marquart
Masin
Mekeland
Moller
Morrison
Munson
Murphy
Nelson
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The motion did
not prevail.
ADJOURNMENT
Winkler moved that when the House adjourns
today it adjourn until 3:30 p.m., Thursday, March 21, 2019. The motion prevailed.
Winkler moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 3:30 p.m., Thursday, March 21, 2019.
Patrick
D. Murphy, Chief
Clerk, House of Representatives