reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.143 — Energy Forward Pricing Mechanisms.

16C.143 ENERGY FORWARD PRICING MECHANISMS.
Subdivision 1.
Definitions.
The following definitions apply in this section:
(1) "energy" means natural gas, heating oil, propane, diesel fuel, and any other energy source except electricity used in state operations; and
(2) "forward pricing mechanism" means a contract or financial instrument that obligates a state agency to buy or sell a specified quantity of energy at a future date at a set price.
Subd. 2.
Authority.
Notwithstanding any other law to the contrary, the commissioner may use forward pricing mechanisms for budget risk reduction.
Subd. 3.
Conditions.
Forward pricing mechanism transactions must be made only under the following conditions:
(1) the quantity of energy affected by the forward pricing mechanism must not exceed 90 percent of the estimated energy use for the state agency for the same period, which shall not exceed 24 months; and
(2) a separate account must be established for each state agency using a forward pricing mechanism.
Subd. 4.
Written policies and procedures.
Before exercising the authority under this section, the commissioner must develop written policies and procedures governing the use of forward pricing mechanisms.
History:
2005 c 156 art 2 s 23; 2007 c 68 s 1
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.145 — Nonvisual Technology Access Standards.

16C.145 NONVISUAL TECHNOLOGY ACCESS STANDARDS.
(a) The commissioner shall develop nonvisual technology access standards. The standards must be included in all contracts for the procurement of information technology by, or for the use of, agencies, political subdivisions, and the Minnesota State Colleges and Universities. The University of Minnesota is encouraged to consider similar standards.
(b) The nonvisual access standards must include the following minimum specifications:
(1) that effective, interactive control and use of the technology including the operating system, applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means;
(2) that the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact;
(3) that nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and
(4) that the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.
(c) Nothing in this section requires the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired.
(d) Executive branch state agencies subject to section 16E.03, subdivision 9, are not required to include nonvisual technology access standards developed under this section in contracts for the procurement of information technology.
History:
1998 c 366 s 27; 1999 c 250 art 1 s 54; 2013 c 142 art 3 s 20
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.147 — Document Imaging; Use Of Persons With Developmental Disabilities.

16C.147 DOCUMENT IMAGING; USE OF PERSONS WITH DEVELOPMENTAL DISABILITIES.
The commissioner shall promote the use of persons with developmental disabilities to provide document imaging services for state and local government agencies.
History:
2007 c 148 art 2 s 43
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.15 — Rehabilitation Facilities And Extended Employment Providers.

16C.15 REHABILITATION FACILITIES AND EXTENDED EMPLOYMENT PROVIDERS.
The commissioner, in consultation with the commissioner of employment and economic development, shall prepare a list containing products and services of certified rehabilitation facilities and extended employment providers as described in chapter 268A for acquisition by state agencies and institutions.
History:
1998 c 386 art 1 s 16; 1Sp2003 c 8 art 1 s 10; 2004 c 206 s 52
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.151 — Purchases From Corrections Industries.

16C.151 PURCHASES FROM CORRECTIONS INDUSTRIES.
Subdivision 1.
Definitions.
As used in this section:
(1) "public entity" or "public entities" includes the state and an agency, department, or institution of the state, any governmental unit as defined in section 471.59, the state legislative and judicial branches, and state colleges and universities; and
(2) "items" includes articles, products, supplies, and services.
Subd. 2.
Public entities; purchases from corrections industries.
(a) The commissioner of corrections, in consultation with the commissioner of administration, shall prepare updated lists of the items available for purchase from Department of Corrections industries and annually forward a copy of the most recent list to all public entities within the state. A public entity that is supported in whole or in part with funds from the state treasury may purchase items directly from corrections industries. The bid solicitation process is not required for these purchases.
(b) The commissioner of administration shall develop a contract or contracts to enable public entities to purchase items directly from corrections industries. The commissioner of administration shall require that all requests for bids or proposals, for items provided by corrections industries, be forwarded to the commissioner of corrections to enable corrections industries to submit bids. The commissioner of corrections shall consult with the commissioner of administration prior to introducing new products to the state agency market.
(c) No public entity may evade the intent of this section by adopting slight variations in specifications, when Minnesota corrections industry items meet the reasonable needs and specifications of the public entity.
History:
1995 c 226 art 5 s 1; 1996 c 408 art 8 s 1; 1998 c 386 art 1 s 2; 2001 c 161 s 4; 2001 c 210 s 1; 2002 c 379 art 1 s 114; 2004 c 206 s 52; 2007 c 54 art 6 s 2; 2007 c 133 art 2 s 2; 2014 c 196 art 1 s 5
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.17 — Encouragement Of Participation.

16C.17 ENCOURAGEMENT OF PARTICIPATION.
Subdivision 1.
Commissioners' duties.
The commissioners of administration and employment and economic development shall publicize the provisions of the purchasing programs in sections 16C.16 to 16C.21, attempt to locate small businesses or small targeted group businesses able to perform under the programs, and encourage participation through education, technical assistance, mentoring, and other means. When the commissioner of administration determines that a small business or small targeted group business is unable to perform under a program established in sections 16C.16 to 16C.21, the commissioner shall inform the commissioner of employment and economic development who shall assist the small business or small targeted group business in attempting to remedy the causes of the inability to perform the award. In assisting the small business or small targeted group business, the commissioner of employment and economic development in cooperation with the commissioner of administration shall use management or financial assistance programs made available by or through the Department of Employment and Economic Development, other state or governmental agencies, or private sources.
Subd. 2.
[Repealed by amendment, 2007 c 133 art 2 s 3]
Subd. 3.
[Repealed by amendment, 2007 c 133 art 2 s 3]
History:
1998 c 386 art 1 s 18; 2001 c 162 s 9; 1Sp2003 c 4 s 1; 2007 c 133 art 2 s 3
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.18 — Reports.

16C.18 REPORTS.
Subdivision 1.
[Repealed, 1Sp2003 c 8 art 1 s 13]
Subd. 2.
[Repealed, 2007 c 135 art 2 s 40]
Subd. 3.
Reports from other agencies.
The commissioner of transportation, and each metropolitan agency listed in section 473.143, subdivision 1, shall report to the commissioner of administration all information that the commissioner requests to make reports required under this section. The information must be reported at the time and in the manner requested by the commissioner of administration.
History:
1998 c 386 art 1 s 19; 1Sp2003 c 4 s 1
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.20 — Certification.

16C.20 CERTIFICATION.
A business that is certified by the commissioner of administration as a small business, small targeted group business, a small business located in an economically disadvantaged area, or a veteran-owned small business is eligible to participate under the requirements of sections 137.31 and 161.321 and, if certified as a small business, small targeted group business, or veteran-owned small business, under section 473.142 without further certification by the contracting agency.
History:
1998 c 386 art 1 s 21; 2009 c 94 art 3 s 5; 2009 c 101 art 2 s 58,110
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.21 — Criminal Penalty.

16C.21 CRIMINAL PENALTY.
A person who knowingly provides false information to a public official or employee for the purpose of obtaining or retaining certification as a small targeted group business or a small business located in an economically disadvantaged area under sections 16C.16 to 16C.20, 137.31, 137.35, 161.321, or 473.142 is guilty of a misdemeanor.
History:
1998 c 386 art 1 s 22
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.25 — Building And Construction Contracts.

16C.25 BUILDING AND CONSTRUCTION CONTRACTS.
Notwithstanding sections 16C.06 and 16C.10, sections 16C.251 to 16C.29, and other provisions of law not inconsistent with the provisions of sections 16C.251 to 16C.29, apply to building and construction contracts entered into on or after August 1, 2002.
History:
1998 c 386 art 1 s 26; 2002 c 254 s 1; 2014 c 196 art 2 s 12
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.251 — Best And Final Offer.

16C.251 BEST AND FINAL OFFER.
A "best and final offer" solicitation process may not be used for building and construction contracts awarded based on competitive bids.
History:
2007 c 148 art 2 s 44; 2023 c 62 art 2 s 81
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.281 — Original Jurisdiction Of Public Procurement Actions.

16C.281 ORIGINAL JURISDICTION OF PUBLIC PROCUREMENT ACTIONS.
Subdivision 1.
Original jurisdiction.
(a) Original jurisdiction is granted to the district court over any action seeking legal, equitable, or declaratory relief arising under or based upon the alleged violation of any law governing public procurement requirements, public procurement procedures, or the award of any public contract.
(b) The grant of original jurisdiction under paragraph (a) applies regardless of whether a public entity involved or implicated in the action is alleged to have acted, or may be held to have acted, in a judicial or quasi-judicial capacity.
(c) The grant of original jurisdiction under paragraph (a) does not: (1) alter the standard of review to be applied by a district court; (2) alter the standard of review applied by an appellate court; (3) affect section 471.345, subdivision 14; (4) affect the available remedies, including, but not limited to, the availability or nonavailability of attorney fees awards and bid preparation costs; or (5) affect the procedural or administrative steps, if any, set out by statute, rule, or procurement procedure, that a party must comply with prior to initiating any such action.
Subd. 2.
Timing for filing.
(a) A procurement process participant must file an action prior to the date when the procurement contract at issue is fully executed unless:
(1) the party demonstrates that it acted diligently in seeking access to information the party reasonably deemed necessary to review prior to bringing an action; and
(2) the procurement process participant has not been afforded (i) reasonable access to information necessary to prepare the action for filing, or (ii) a reasonable opportunity to bring the action and seek appropriate relief from the court before the public procurement contract is fully executed. Reasonable access to necessary information and a reasonable opportunity to seek relief includes receipt of data described under section 13.591, subdivision 3 or 4, at least 15 days prior to full execution of the procurement contract.
(b) This subdivision does not apply to matters alleging: (1) fraud or misrepresentation, or (2) acts following contract execution that would have been improper or illegal prior to contract execution.
History:
2019 c 21 s 1
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.29 — Contract Management And Review.

16C.29 CONTRACT MANAGEMENT AND REVIEW.
The commissioner must develop procedures to audit agency personnel to whom the commissioner has delegated contracting authority, in order to ensure compliance with laws and guidelines governing issuance of contracts, including laws and guidelines governing conflicts of interest.
History:
2002 c 254 s 5
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.35 — Job Order Contracting.

16C.35 JOB ORDER CONTRACTING.
Subdivision 1.
Authority.
The commissioner may undertake construction utilizing job order contracting for projects that do not exceed a construction cost of $250,000.
Subd. 2.
Job order contracting request for qualifications.
(a) The commissioner is authorized to issue a request for qualifications that includes the criteria that will be used for the projects, provided that these criteria do not unduly restrict competition, nor impose conditions beyond reasonable requirements to ensure maximum participation of all qualified contractors, and does not relate to the collective bargaining status of the contractor.
(b) The request for qualifications must be publicized in a manner designated by the commissioner that ensures open and unrestricted access for any potential responder. To the extent practical, this must include posting on a state website. To the extent practical, the commissioner must give notice to representatives of targeted group businesses designated under section 16C.16.
Subd. 3.
Qualified contractors.
(a) The commissioner shall review the responses to the request for qualifications and determine responder's ability to enter into the master contract that will be utilized for the projects. The commissioner shall establish a list of qualified contractors based on the proposers' ability to enter into a master contract as described in the request for qualifications.
(b) The commissioner shall enter into master contracts with all qualified contractors.
(c) The commissioner shall establish procedures to allow firms to submit qualifications at least annually to allow placement on the list of contractors qualified to enter into a master contract.
Subd. 4.
Construction services bidding.
The commissioner shall request bids for construction services for any project using job order contracting from qualified contractors as follows:
(1) for construction projects up to a maximum cost of $50,000, the commissioner shall request a minimum of two bids;
(2) for construction projects with a cost greater than $50,000, but less than or equal to $100,000, the commissioner shall request a minimum of three bids;
(3) for construction projects with a cost greater than $100,000 but less than or equal to $250,000, the commissioner shall request a minimum of four bids.
Subd. 5.
Qualified contractor selection.
The commissioner shall select the contractor who submits the lowest price bid for the construction services proposed.
Subd. 6.
Reasonable distribution of bid requests among qualified contractors.
The commissioner in requesting bidding for projects using job order contracting as described in this section shall develop a system to ensure a reasonable opportunity for all qualified contractors to bid on construction services on a periodic basis.
History:
2005 c 78 s 9
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.36 — Reorganization Services Under Master Contract.

16C.36 REORGANIZATION SERVICES UNDER MASTER CONTRACT.
The commissioner of administration must make available under a master contract program a list of eligible contractors who can assist state agencies in using data analytics to:
(1) accomplish agency reorganization along service rather than functional lines in order to provide more efficient and effective service; and
(2) bring about internal reorganization of management functions in order to flatten the organizational structure by requiring that decisions are made closer to the service needed, eliminating redundancies, and optimizing the span of control ratios to public and private sector industry benchmarks.
History:
2012 c 220 s 1; 2023 c 62 art 2 s 83
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.01 — Citation And Scope.

16D.01 CITATION AND SCOPE.
Subdivision 1.
Citation.
This chapter may be cited as the "Debt Collection Act."
Subd. 2.
Scope.
The collection procedures and remedies under this chapter are in addition to any other procedure or remedy available by law. If the referring agency's applicable state or federal law provides for the use of a particular remedy or procedure for the collection of a debt, that particular remedy or procedure governs the collection of that debt to the extent the procedure or remedy is inconsistent with this chapter.
History:
1994 c 632 art 3 s 35
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.02 — Definitions.

16D.02 DEFINITIONS.
Subdivision 1.
Application.
The definitions in this section apply to this chapter.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of revenue.
Subd. 3.
Debt.
"Debt" means an amount owed to the state directly, or through a state agency, on account of a fee, duty, lease, direct loan, loan insured or guaranteed by the state, rent, service, sale of real or personal property, overpayment, fine, assessment, penalty, restitution, damages, interest, tax, bail bond, forfeiture, reimbursement, liability owed, an assignment to the state including assignments under section 256.741, the Social Security Act, or other state or federal law, recovery of costs incurred by the state, or any other source of indebtedness to the state. Debt also includes amounts owed to individuals as a result of civil, criminal, or administrative action brought by the state or a state agency pursuant to its statutory authority or for which the state or state agency acts in a fiduciary capacity in providing collection services in accordance with the regulations adopted under the Social Security Act at Code of Federal Regulations, title 45, section 302.33. When the commissioner provides collection services to a referring agency, debt also includes an amount owed to the courts, local government units, Minnesota state colleges and universities governed by the Board of Trustees of the Minnesota State Colleges and Universities, or University of Minnesota.
Subd. 4.
Debtor.
"Debtor" means an individual, corporation, partnership, an unincorporated association, a limited liability company, a trust, an estate, or any other public or private entity, including a state, local, or federal government, or an Indian tribe, that is liable for a debt or against whom there is a claim for a debt.
Subd. 5.
[Repealed, 2014 c 308 art 9 s 94]
Subd. 6.
Referring agency.
"Referring agency" means a state agency, local government unit, Minnesota state colleges and universities governed by the Board of Trustees of the Minnesota State Colleges and Universities, University of Minnesota, or a court, that has entered into an agreement with the commissioner to refer debts to the commissioner for collection.
Subd. 7.
State agency.
"State agency" means a state office, officer, board, commission, bureau, division, department, authority, agency, public corporation, or other unit of state government.
Subd. 8.
[Repealed, 2014 c 308 art 9 s 94]
History:
1994 c 632 art 3 s 36; 1995 c 254 art 5 s 3,4; 1996 c 390 s 14,15; 1998 c 366 s 29; 1999 c 159 s 3; 2008 c 366 art 16 s 1,2; 2014 c 308 art 9 s 1,2
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.03 — Supervision Of State Debt Collection.

16D.03 SUPERVISION OF STATE DEBT COLLECTION.
Subdivision 1.
Responsibility.
The commissioner of management and budget shall supervise and report on state debt collection.
Subd. 2.
State agency reports.
State agencies shall report quarterly to the commissioner of management and budget the debts owed to them. The commissioner of management and budget, in consultation with the commissioners of revenue and human services, and the attorney general, shall establish internal guidelines for the recognition, tracking, reporting, and collection of debts owed the state. The internal guidelines must include accounting standards, performance measurements, and uniform reporting requirements applicable to all state agencies. The commissioner of management and budget shall require a state agency to recognize, track, report, and attempt to collect debts according to the internal guidelines.
Subd. 3.
[Repealed, 2003 c 112 art 1 s 19]
History:
1994 c 632 art 3 s 37; 1996 c 390 s 16,17; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.045 — Staff.

16D.045 STAFF.
If there is an increase in the complement of collectors employed by the commissioner of revenue to work for the Minnesota collection enterprise above the complement employed on June 30, 1998, the new complement of collectors must be located in the Ely office.
History:
1998 c 366 s 32; 1998 c 408 s 8
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.05 — Priority Of Satisfaction Of Debts.

16D.05 PRIORITY OF SATISFACTION OF DEBTS.
Subdivision 1.
Multiple debts.
If two or more debts owed by the same debtor are submitted to the commissioner, amounts collected on those debts must be applied as prescribed in this section.
Subd. 2.
Enforcement of liens.
If the money received is collected on a judgment lien under chapter 550, a lien provided by chapter 514, a consensual lien or security interest, protection of an interest in property through chapter 570, by collection process provided by chapters 551 and 571, or by any other process by which the commissioner is enforcing rights in a particular debt, the money must be applied to that particular debt.
Subd. 3.
Other methods of collection.
If the money is collected in any manner not specified in subdivision 2, the money collected must apply first to the satisfaction of any debts for child support. Any debts other than child support must be satisfied in the order in time in which the commissioner received the debts from the referring agency.
History:
1994 c 632 art 3 s 39
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.06 — Debtor Information.

16D.06 DEBTOR INFORMATION.
Subdivision 1.
Access to government data not public.
Notwithstanding chapter 13 or any other state law classifying or restricting access to government data, upon request from the commissioner or the attorney general, state agencies, political subdivisions, and statewide systems shall disseminate not public data to the commissioner or the attorney general for the sole purpose of collecting debt. Not public data disseminated under this subdivision is limited to financial data of the debtor or data related to the location of the debtor or the assets of the debtor.
Subd. 2.
Disclosure of data.
Data received, collected, created, or maintained by the commissioner or the attorney general to collect debts are classified as private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9. The commissioner or the attorney general may disclose not public data:
(1) under section 13.05;
(2) under court order;
(3) under a statute specifically authorizing access to the not public data;
(4) to provide notices required or permitted by statute;
(5) to an agent of the commissioner or the attorney general, including a law enforcement person, attorney, or investigator acting for the commissioner or the attorney general in the investigation or prosecution of a criminal or civil proceeding relating to collection of a debt;
(6) to report names of debtors, amount of debt, date of debt, and the agency to whom debt is owed to credit bureaus;
(7) to locate the debtor, locate the assets of the debtor, or to enforce or implement the collection of a debt, provided that the commissioner or the attorney general may disclose only the data that are necessary to enforce or implement collection of the debt; and
(8) to the commissioner of revenue for tax administration purposes.
The commissioner and the attorney general may not disclose data that is not public to a private collection agency or other entity with whom the commissioner has contracted under section 16D.04, subdivision 4, unless disclosure is otherwise authorized by law.
History:
1994 c 632 art 3 s 40; 1995 c 254 art 5 s 7; 1996 c 390 s 20; 1998 c 366 s 33
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.07 — Notice To Debtor.

16D.07 NOTICE TO DEBTOR.
The referring agency shall send notice to the debtor by United States mail or personal delivery at the debtor's last known address at least 20 days before the debt is referred to the commissioner. The notice must state the nature and amount of the debt, identify to whom the debt is owed, and inform the debtor of the remedies available under this chapter. The referring agency shall advise the debtor of collection costs imposed under section 16D.11 and of the debtor's right to cancellation of collection costs under section 16D.11, subdivision 3.
History:
1994 c 632 art 3 s 41; 2014 c 308 art 9 s 5
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.08 — Collection Duties And Powers.

16D.08 COLLECTION DUTIES AND POWERS.
Subdivision 1.
Duties.
The commissioner shall take all reasonable and cost-effective actions to collect debts referred to the commissioner.
Subd. 2.
Powers.
(a) In addition to the collection remedies available to private collection agencies in this state, the commissioner, with legal assistance from the attorney general, may utilize any statutory authority granted to a referring agency for purposes of collecting debt owed to that referring agency. The commissioner may also use the tax collection remedies in sections 270C.03, subdivision 1, clause (8), 270C.31, 270C.32, 270C.52, subdivisions 2 and 3, 270C.63, 270C.65, and 270C.67 to 270C.72. A debtor may take advantage of any administrative or appeal rights contained in the listed sections. For administrative and appeal rights for nontax debts, references to administrative appeals or to the taxpayer rights advocate shall be construed to be references to the case reviewer, references to Tax Court shall be construed to mean district court, and offers in compromise shall be submitted to the referring agency. A debtor who qualifies for cancellation of collection costs under section 16D.11, subdivision 3, clause (1), can apply to the commissioner for reduction or release of a continuous wage levy, if the debtor establishes that the debtor needs all or a portion of the wages being levied upon to pay for essential living expenses, such as food, clothing, shelter, medical care, or expenses necessary for maintaining employment. The commissioner's determination not to reduce or release a continuous wage levy is appealable to district court. The word "tax" or "taxes" when used in the tax collection statutes listed in this subdivision also means debts referred under this chapter.
(b) Before using the tax collection remedies listed in this subdivision, notice and demand for payment of the amount due must be given to the person liable for the payment or collection of the debt at least 30 days prior to the use of the remedies. The notice must be sent to the person's last known address and must include a brief statement that sets forth in simple and nontechnical terms the amount and source of the debt, the nature of the available collection remedies, and remedies available to the debtor.
History:
1994 c 632 art 3 s 42; 1995 c 254 art 5 s 8; 1996 c 390 s 21; 1998 c 366 s 34; 1Sp2001 c 5 art 7 s 1; 1Sp2003 c 1 art 2 s 57; 2005 c 151 art 2 s 1
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.09 — Uncollectible Debts.

16D.09 UNCOLLECTIBLE DEBTS.
Subdivision 1.
Generally.
(a) When a debt is determined by a state agency to be uncollectible, the debt may be written off by the state agency from the state agency's financial accounting records and no longer recognized as an account receivable for financial reporting purposes. A debt is considered to be uncollectible when (1) all reasonable collection efforts have been exhausted, (2) the cost of further collection action will exceed the amount recoverable, (3) the debt is legally without merit or cannot be substantiated by evidence, (4) the debtor cannot be located, (5) the available assets or income, current or anticipated, that may be available for payment of the debt are insufficient, (6) the debt has been discharged in bankruptcy, (7) the applicable statute of limitations for collection of the debt has expired, or (8) it is not in the public interest to pursue collection of the debt.
(b) Uncollectible debt must be reported by the state agency as part of its quarterly reports to the commissioner of management and budget. The basis for the determination of the uncollectibility of the debt must be maintained by the state agency. If an uncollectible debt equals or exceeds $100,000, the agency shall notify the chairs and ranking minority members of the legislative committees with jurisdiction over the state agency's budget at the time the debt is determined to be uncollectible. The information reported shall contain the entity associated with the uncollected debt, the amount of the debt, the revenue type, the reason the debt is considered uncollectible, and the duration the debt has been outstanding. The commissioner of management and budget shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over Minnesota Management and Budget an annual summary of the number and dollar amount of debts determined to be uncollectible during the previous fiscal year by October 31 of each year. Determining that the debt is uncollectible does not cancel the legal obligation of the debtor to pay the debt.
Subd. 2.
[Repealed, 2003 c 112 art 1 s 19]
History:
1994 c 632 art 3 s 43; 1996 c 390 s 22; 1999 c 243 art 2 s 1; 2000 c 490 art 13 s 3; 2003 c 112 art 1 s 14; 2009 c 101 art 2 s 109; 1Sp2019 c 10 art 3 s 12
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.10 — Case Reviewer.

16D.10 CASE REVIEWER.
Subdivision 1.
Duties.
The commissioner shall make a case reviewer available to debtors. The reviewer must be available to answer a debtor's questions concerning the collection process and to review the collection activity taken. If the reviewer reasonably believes that the particular action being taken is unreasonable or unfair, the reviewer may make recommendations to the commissioner in regard to the collection action.
Subd. 2.
Authority to issue debtor assistance order.
On application filed by a debtor with the case reviewer, in the form, manner, and in the time prescribed by the commissioner, and after thorough investigation, the case reviewer may issue a debtor assistance order if, in the determination of the case reviewer, the manner in which the state debt collection laws are being administered is creating or will create an unjust and inequitable result for the debtor. Debtor assistance orders are governed by the provisions relating to taxpayer assistance orders under section 270C.37.
Subd. 3.
Transfer of duties to taxpayer rights advocate.
All duties and authority of the case reviewer under subdivisions 1 and 2 are transferred to the taxpayer rights advocate.
History:
1994 c 632 art 3 s 44; 2005 c 151 art 1 s 116; art 9 s 1
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.12 — Payment Of Collection Agency Fees.

16D.12 PAYMENT OF COLLECTION AGENCY FEES.
Unless otherwise expressly prohibited by law, a state agency may pay for the services of the commissioner or a private collection agency from the money collected. The portion of the money collected which must be paid to the commissioner or the collection agency as its collection fee is appropriated from the fund to which the collected money is due.
History:
1995 c 254 art 5 s 10; 1996 c 390 s 25
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.13 — Interest.

16D.13 INTEREST.
Subdivision 1.
Authority.
Unless otherwise provided by a contract out of which the debt arises, by state or federal law, or by a written justification from an agency and approved by the Department of Management and Budget showing the costs of charging interest exceed the benefit, a state agency shall charge simple interest on debts owed to the state at the rate provided in subdivision 2 if notice has been given in accordance with this subdivision. Interest charged under this section begins to accrue on the 30th calendar day following the state agency's first written demand for payment that includes notification to the debtor that interest will begin to accrue on the debt in accordance with this section.
Subd. 2.
Computation.
Notwithstanding chapter 334, the rate of interest is the rate established by the Department of Revenue under section 270C.40.
Subd. 3.
Exclusion.
A state agency may not charge interest under this section on overpayments of assistance benefits under the programs formerly codified in sections 256.031 to 256.0361, 256.72 to 256.87, and under chapters 119B, 256D, and 256I, or the federal Supplemental Nutrition Assistance Program (SNAP). Notwithstanding this prohibition, any debts that have been reduced to judgment under these programs are subject to the interest charges provided under section 549.09.
History:
1995 c 254 art 5 s 11; 1999 c 159 s 4; 2003 c 112 art 1 s 15,16; 2005 c 151 art 2 s 17; 2007 c 147 art 2 s 2; 2009 c 101 art 2 s 109; 1Sp2019 c 9 art 1 s 42
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.15 — Compromise Of Debt.

16D.15 COMPROMISE OF DEBT.
Unless expressly prohibited by other federal or state law, a state agency may compromise debts owed to the state, whether reduced to judgment or not, where the state agency determines that it is in the best interests of the state to do so.
History:
1995 c 254 art 5 s 13
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.16 — Setoffs.

16D.16 SETOFFS.
Subdivision 1.
Authorization.
Unless prohibited by other law, the state agency utilizes a more specific setoff statute, or the state payments are subject to a more specific setoff statute, the commissioner or a state agency may automatically deduct the amount of a debt owed to the state from any state payment due to the debtor. Tax refunds, earned income tax credit, child care credit, funds exempt under section 550.37, or funds owed to an individual who is receiving assistance under the provisions of chapter 256 are not subject to setoff under this section. If a debtor has entered into a written payment plan with respect to payment of a specified debt, the right of setoff may not be used to satisfy that debt. Notwithstanding section 181.79, the state may deduct from the wages due or earned by a state employee to collect a debt, subject to the limitations in section 571.922.
Subd. 2.
Notice and hearing.
Before setoff, the commissioner or state agency shall mail written notice by certified mail to the debtor, addressed to the debtor's last known address, that the commissioner or state agency intends to set off a debt owed to the state by the debtor against future payments due the debtor from the state. For debts owed to the state that have not been reduced to judgment, if no administrative appeal process or a hearing by an impartial decision maker on the validity or accuracy of the debt has yet been made available to the debtor, before setoff for a prejudgment debt, the notice to the debtor must advise that the debtor has a right to make a written request for a contested case hearing on the validity of the debt or the right to setoff. The debtor has 30 days from the date of that notice to make a written request for a contested case hearing to contest the validity of the debt or the right to setoff. The debtor's request must state the debtor's reasons for contesting the debt or the right to setoff. If the commissioner or state agency desires to pursue the right to setoff following receipt of the debtor's request for a hearing, the commissioner or state agency shall schedule a contested case hearing within 30 days of the receipt of the request for the hearing. If the commissioner or state agency decides not to pursue the right to setoff, the debtor must be notified of that decision.
History:
1995 c 254 art 5 s 14; 1998 c 366 s 39
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.17 — Enforcement Of Statutory Penalties.

16D.17 ENFORCEMENT OF STATUTORY PENALTIES.
A state agency may enforce a final penalty order imposed for violations of state law in the same manner as a district court judgment if:
(1) notice and opportunity for a hearing on the penalty has been provided and the notice gives at least 30 days to request a hearing, unless the agency statute provides for a different timeline; and
(2) the notice or order of the penalty states that when the order becomes final, the agency may file and enforce the penalty as a judgment without further notice or additional proceedings.
The administrative order may be filed with a district court administrator along with an affidavit of identification and amount owed, and the court administrator shall enter and docket the administrative order as a civil judgment.
History:
1998 c 366 s 40
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16D — State Debt Collection › Section 16D.18 — Reciprocal Agreement.

16D.18 RECIPROCAL AGREEMENT.
(a) The commissioner is authorized to enter into agreements with the federal Department of the Treasury that provide for offsetting state payments against federal nontax obligations. Except as provided in paragraph (d), the commissioner may charge a fee of $20 per transaction for such offsets and may collect this offset fee from the debtor by deducting it from the state payment. The agreement may provide for offsetting federal payments, as authorized by federal law, against state tax and nontax obligations, and collecting the offset cost from the debtor. The agreement shall provide that the federal Department of the Treasury may deduct a fee from each administrative offset and state payment offset. Setoffs to collect state and other entity obligations under this chapter and chapters 270A and 270C, and any other provision of Minnesota Statutes occur before a state payment offset. For purposes of this paragraph "administrative offset" is any offset of federal payments to collect state debts and "state payment offset" is any offset of state payments to collect federal nontax debts.
(b) A debt is eligible for offset under this program if notice of intent to offset the debt is sent at least 60 days prior to filing an offset claim or a shorter period of time, if required by federal law or an agreement with the federal Department of the Treasury. When there is an agreement for scheduled payments on an account, the debtor must be sent this notice each time an additional debt is claimed.
(c) The debtor shall have the time period required for notice under paragraph (b) to contest the offset. An agreement under this section must not allow for offset of payments if the debt that would be subject to the offset is being contested or if the time for appealing the determination of the debt has not yet expired. The treasury offset program agreement entered into by the state must not require federal agencies to provide different due process than the requirements under Code of Federal Regulations, title 31, section 285.6.
(d) Notwithstanding the fee authorized under paragraph (a), if the commissioner enters into a contingency fee agreement with a nonstate vendor to provide assistance under this section, the commissioner may charge a debtor a fee for the processing of state payment offsets for the recovery of federal nontax debts or the processing of federal payment offsets for the recovery of state tax and nontax debt. The fee is a separate debt and may be withheld from any refund, reimbursement, or other money held for the debtor. The fee may not exceed 15 percent of the original debt. Section 16A.1283 does not apply to fees charged under this paragraph.
History:
1Sp2011 c 10 art 3 s 30
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16E — Department Of Information Technology Services › Section 16E.015 — Definitions.

16E.015 DEFINITIONS.
Subdivision 1.
Applicability.
For the purposes of this chapter, the following terms have the meanings given them.
Subd. 2.
Accessibility; accessible.
"Accessibility" and "accessible" are defined by the accessibility standards developed and required under section 16E.03.
Subd. 3.
Infrastructure hardware.
"Infrastructure hardware" means servers, routers, switches, and non-end-user platform devices and their operating systems.
Subd. 3a.
State information network.
"State information network" means optical fiber facilities and terminal equipment used in the delivery of high-speed telecommunications services.
Subd. 4.
Undue burden.
"Undue burden" means significant difficulty or expense determined and documented by the funding agency, including but not limited to difficulty or expense associated with technical feasibility.
History:
2009 c 131 s 6; 2013 c 134 s 22
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16E — Department Of Information Technology Services › Section 16E.016 — Responsibility For Information Technology Services And Equipment.

16E.016 RESPONSIBILITY FOR INFORMATION TECHNOLOGY SERVICES AND EQUIPMENT.
(a) The chief information officer is responsible for providing or entering into managed services contracts for the provision, improvement, development, and lifecycle management of the following information technology systems and services to state agencies:
(1) state data centers;
(2) mainframes including system software;
(3) servers including system software;
(4) desktops including system software;
(5) laptop computers including system software;
(6) a data network including system software;
(7) database, electronic mail, office systems, reporting, and other standard software tools;
(8) business application software and related technical support services;
(9) help desk for the components listed in clauses (1) to (8);
(10) maintenance, problem resolution, and break-fix for the components listed in clauses (1) to (8);
(11) regular upgrades, replacement, and lifecycle management for the components listed in clauses (1) to (8); and
(12) network-connected output devices.
(b) All state agency employees whose work primarily involves functions specified in paragraph (a) are employees of the Department of Information Technology Services. This includes employees who directly perform the functions in paragraph (a), as well as employees whose work primarily involves managing, supervising, or providing administrative services or support services to employees who directly perform these functions. The chief information officer may assign employees of the department to perform work exclusively for another state agency.
(c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow a state agency to obtain services specified in paragraph (a) through a contract with an outside vendor when the chief information officer and the agency head agree that a contract would provide best value, as defined in section 16C.02, under the service-level agreement. The chief information officer must require that agency contracts with outside vendors ensure that systems and services are compatible with standards established by the Department of Information Technology Services.
(d) The Minnesota State Retirement System, the Public Employees Retirement Association, the Teachers Retirement Association, the State Board of Investment, the Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide Radio Board are not state agencies for purposes of this section.
History:
1Sp2011 c 10 art 4 s 2; 2013 c 134 s 30; 2013 c 142 art 3 s 36; 2021 c 31 art 2 s 3; 2023 c 62 art 6 s 9
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16E — Department Of Information Technology Services › Section 16E.02 — Department Of Information Technology Services; Structure And Personnel.

16E.02 DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES; STRUCTURE AND PERSONNEL.
Subdivision 1.
Department management and structure.
(a) The chief information officer is appointed by the governor. The chief information officer serves in the unclassified service at the pleasure of the governor. The chief information officer must have experience leading enterprise-level information technology organizations. The chief information officer is the state's chief information officer and information and telecommunications technology adviser to the governor.
(b) The chief information officer may appoint other employees of the department. Staff of the department must include individuals knowledgeable in information and telecommunications technology systems and services and individuals with specialized training in information security and accessibility.
Subd. 1a.
Accountability.
The chief information officer reports to the governor. The chief information officer must consult regularly with executive branch agency commissioners on technology projects, standards, and services as well as management of resources and staff utilization.
Subd. 2.
[Repealed, 2014 c 271 art 4 s 7]
Subd. 3.
[Repealed, 2014 c 271 art 4 s 7]
History:
1997 c 202 art 3 s 8; 1999 c 250 art 1 s 69; 2000 c 260 s 8; 2005 c 156 art 5 s 8; 2009 c 101 art 2 s 109; 2009 c 131 s 7; 2010 c 392 art 1 s 7; 2013 c 134 s 30; 2013 c 142 art 3 s 36; 2021 c 31 art 2 s 4