HF 4378

as introduced - 90th Legislature (2017 - 2018) Posted on 04/12/2018 02:35pm

A bill for an act
relating to state government; appropriating money for the governor's supplemental
jobs budget; appropriating money for the Department of Employment and Economic
Development, Minnesota Housing Finance Agency, and Workers' Compensation
Court of Appeals; making occupational and safety and health federal conformity
changes; extending a Department of Commerce utility grid assessment; modifying
manufactured homes relocation provisions; adopting wage theft provisions;
establishing criminal and civil penalties; amending Minnesota Statutes 2016,
sections 177.27, subdivision 2, by adding a subdivision; 177.30; 177.32, subdivision
1; 181.03, subdivision 1, by adding subdivisions; 181.032; 181.101; 182.659,
subdivision 8; 182.666, subdivisions 1, 2, 3, 4, 5, by adding a subdivision;
327C.095, subdivisions 1, 2, 3, 4, 12, 13; Minnesota Statutes 2017 Supplement,
sections 15A.083, subdivision 7; 216B.62, subdivision 3b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

JOBS APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS new text end

new text begin The sums shown in the columns under "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2017, chapter 94, or other law to
the specified agencies. The appropriations are from the general fund, or another named
fund, and are available for the fiscal years indicated for each purpose. The figures "2018"
and "2019" used in this article mean that the appropriations listed under them are available
for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. Appropriations for
the fiscal year ending June 30, 2018, are effective the day following final enactment.
Reductions may be taken in either fiscal year.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2018 new text end		new text begin 2019 new text end

Sec. 2. new text begin DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 0 new text end

new text begin $ new text end

new text begin 32,683,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Business and Community Development new text end

new text begin 0 new text end

new text begin 2,683,000 new text end

new text begin (a) Of the amount appropriated in Laws 2017,
chapter 94, article 1, section 2, subdivision 2,
paragraph (e), in fiscal year 2019, $2,000,000
is for a loan to a paper mill in Duluth to
support the operation and manufacture of
packaging paper grades. The company that
owns the paper mill must spend $15,000,000
on expansion activities by December 31, 2019,
in order to be eligible to receive funds in this
appropriation. This appropriation is onetime
and may be used for the mill's equipment,
materials, supplies, and other operating
expenses. The commissioner of employment
and economic development shall forgive a
portion of the loan each year after verification
that the mill has retained 195 full-time jobs
over a period of five years and has satisfied
other performance goals and contractual
obligations as required under Minnesota
Statutes, section 116J.8731.
new text end

new text begin (b) $900,000 in fiscal year 2019 is for transfer
to the general projects fund for a grant to the
Family Tree Clinic located in St. Paul to
design, renovate, construct, furnish, and equip
Family Tree Clinic. This appropriation is not
available until the commissioner of
management and budget determines that at
least $2,200,000 is committed to Family Tree
Clinic from nonstate sources to support the
project. This appropriation is onetime and
available until the project is completed or
abandoned subject to Minnesota Statutes,
section 16A.642.
new text end

new text begin (c) $383,000 in fiscal year 2019 is for transfer
to the general projects fund for a grant to
Tubman to predesign and design the
renovation of the Harriet Tubman Chrysalis
Center in South Minneapolis and the Tubman
Center East in Maplewood. Amounts
expended since November 1, 2015, for
predesign and design shall count toward the
nonstate match for this project. This
appropriation is onetime and available until
the project is completed or abandoned subject
to Minnesota Statutes, section 16A.642.
new text end

new text begin (d) $1,400,000 in fiscal year 2019 is for
transfer to the general projects fund for a grant
to the Family Partnership for property
acquisition and site preparation that will
accommodate the construction and renovation
of the Family Partnership. Amounts expended
since January 1, 2014, for predesign and
design shall count toward the nonstate match
for this project. This appropriation is onetime
and available until the project is completed or
abandoned subject to Minnesota Statutes,
section 16A.642.
new text end

new text begin Subd. 3. new text end new text begin Broadband Development new text end

new text begin 0 new text end

new text begin 30,000,000 new text end

new text begin $30,000,000 in fiscal year 2019 is for transfer
to the border-to-border broadband fund
account in the special revenue fund established
under Minnesota Statutes, section 116J.396
and may be used for purposes provided in
Minnesota Statutes, section 116J.395. This
appropriation is onetime and is available until
spent. Of this appropriation, up to three
percent is for costs incurred by the
commissioner to administer Minnesota
Statutes, section 116J.395. Administrative
costs may include the following activities
related to measuring progress toward the
state's broadband goals established in
Minnesota Statutes, section 237.012:
new text end

new text begin (1) collecting broadband deployment data from
Minnesota providers, verifying its accuracy
through on-the-ground testing, and creating
state and county maps available to the public
showing the availability of broadband service
at various upload and download speeds
throughout Minnesota;
new text end

new text begin (2) analyzing the deployment data collected
to help inform future investments in broadband
infrastructure; and
new text end

new text begin (3) conducting business and residential surveys
that measure broadband adoption and use in
the state.
new text end

new text begin Data provided by a broadband provider under
this subdivision is nonpublic data under
Minnesota Statutes, section 13.02, subdivision
9. Maps produced under this subdivision are
public data under Minnesota Statutes, section
13.03.
new text end

Sec. 3. new text begin HOUSING FINANCE AGENCY new text end

new text begin $ new text end

new text begin 0 new text end

new text begin $ new text end

new text begin 4,000,000 new text end

new text begin This amount is for transfer to the housing
development fund for the programs in
Minnesota Statutes, sections 462A.201,
subdivision 2, paragraph (a), clause (4), and
462A.204, subdivision 8. The agency may
allocate this appropriation as necessary to
these two programs to facilitate the Homework
Starts with Home program.
new text end

Sec. 4. new text begin WORKERS' COMPENSATION COURT OF APPEALS new text end

new text begin $ new text end

new text begin 0 new text end

new text begin $ new text end

new text begin 33,000 new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

ARTICLE 2

OCCUPATIONAL SAFETY AND HEALTH

Section 1.

Minnesota Statutes 2016, section 182.659, subdivision 8, is amended to read:

Subd. 8.

Protection from subpoena; data.

Neither the commissioner nor any employee
of the department deleted text begin , including those employees of the Department of Health providing services
to the Department of Labor and Industry, pursuant to section 182.67, subdivision 1, deleted text end is subject
to subpoena for purposes of inquiry into any occupational safety and health inspection
except in enforcement proceedings brought under this chapter. Data that identify individuals
who provide data to the department as part of an investigation conducted under this chapter
shall be private.

Sec. 2.

Minnesota Statutes 2016, section 182.666, subdivision 1, is amended to read:

Subdivision 1.

Willful or repeated violations.

Any employer who willfully or repeatedly
violates the requirements of section 182.653, or any standard, rule, or order adopted under
the authority of the commissioner as provided in this chapter, may be assessed a fine not to
exceed deleted text begin $70,000 deleted text end new text begin $126,750 new text end for each violation. The minimum fine for a willful violation is
deleted text begin $5,000 deleted text end new text begin $9,055 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 3.

Minnesota Statutes 2016, section 182.666, subdivision 2, is amended to read:

Subd. 2.

Serious violations.

Any employer who has received a citation for a serious
violation of its duties under section 182.653, or any standard, rule, or order adopted under
the authority of the commissioner as provided in this chapter, shall be assessed a fine not
to exceed deleted text begin $7,000 deleted text end new text begin $12,675 new text end for each violation. If a serious violation under section 182.653,
subdivision 2, causes or contributes to the death of an employee, the employer shall be
assessed a fine of up to $25,000 new text begin for each violation new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2016, section 182.666, subdivision 3, is amended to read:

Subd. 3.

Nonserious violations.

Any employer who has received a citation for a violation
of its duties under section 182.653, subdivisions 2 to 4, where the violation is specifically
determined not to be of a serious nature as provided in section 182.651, subdivision 12,
may be assessed a fine of up to deleted text begin $7,000 deleted text end new text begin $12,675 new text end for each violation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 5.

Minnesota Statutes 2016, section 182.666, subdivision 4, is amended to read:

Subd. 4.

Failure to correct a violation.

Any employer who fails to correct a violation
for which a citation has been issued under section 182.66 within the period permitted for
its correction, which period shall not begin to run until the date of the final order of the
commissioner in the case of any review proceedings under this chapter initiated by the
employer in good faith and not solely for delay or avoidance of penalties, may be assessed
a fine of not more than deleted text begin $7,000 deleted text end new text begin $12,675 new text end for each day during which the failure or violation
continues.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 6.

Minnesota Statutes 2016, section 182.666, subdivision 5, is amended to read:

Subd. 5.

Posting violations.

Any employer who violates any of the posting requirements,
as prescribed under this chapter, except those prescribed under section 182.661, subdivision
3a, shall be assessed a fine of up to deleted text begin $7,000 deleted text end new text begin $12,675 new text end for each violation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 7.

Minnesota Statutes 2016, section 182.666, is amended by adding a subdivision to
read:

new text begin Subd. 6a. new text end

new text begin Increases for inflation. new text end

new text begin (a) No later than August 31 of each year, beginning
in 2018, the commissioner shall determine the percentage increase in the rate of inflation,
as measured by the implicit price deflator, national data for personal consumption
expenditures as determined by the United States Department of Commerce, Bureau of
Economic Analysis during the 12-month period immediately preceding that August or, if
that data is unavailable, during the most recent 12-month period for which data is available.
The fines in subdivisions 1, 2, 3, 4, and 5, except for the fine for a serious violation under
section 182.653, subdivision 2, that causes or contributes to the death of an employee, are
increased by the lesser of (1) 2.5 percent, rounded to the nearest dollar amount evenly
divisible by ten, or (2) the percentage calculated by the commissioner, rounded to the nearest
dollar amount evenly divisible by ten.
new text end

new text begin (b) The fines increased under paragraph (a) shall not be increased to an amount greater
than the corresponding federal penalties for the specified violations promulgated in United
States Code, title 29, section 666, subsections (a)-(d), (i), as amended through November
5, 1990, and adjusted according to United States Code, title 28, section 2461, note (Federal
Civil Penalties Inflation Adjustment), as amended through November 2, 2015.
new text end

new text begin (c) A fine must not be reduced under this subdivision. A fine increased under this
subdivision takes effect on the next January 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

ARTICLE 3

UTILITY GRID ASSESSMENTS

Section 1.

Minnesota Statutes 2017 Supplement, section 216B.62, subdivision 3b, is
amended to read:

Subd. 3b.

Assessment for department regional and national duties.

In addition to
other assessments in subdivision 3, the department may assess up to $500,000 per fiscal
year for performing its duties under section 216A.07, subdivision 3a. The amount in this
subdivision shall be assessed to energy utilities in proportion to their respective gross
operating revenues from retail sales of gas or electric service within the state during the last
calendar year and shall be deposited into an account in the special revenue fund and is
appropriated to the commissioner of commerce for the purposes of section 216A.07,
subdivision 3a. An assessment made under this subdivision is not subject to the cap on
assessments provided in subdivision 3 or any other law. For the purpose of this subdivision,
an "energy utility" means public utilities, generation and transmission cooperative electric
associations, and municipal power agencies providing natural gas or electric service in the
state. deleted text begin This subdivision expires June 30, 2018.
deleted text end

ARTICLE 4

MANUFACTURED HOME PARK RELOCATION

Section 1.

Minnesota Statutes 2016, section 327C.095, subdivision 1, is amended to read:

Subdivision 1.

Conversion of use; minimum notice.

new text begin (a) new text end At least deleted text begin nine deleted text end new text begin 12 new text end months before
the conversion of all or a portion of a manufactured home park to another use, or before
closure of a manufactured home park or cessation of use of the land as a manufactured home
park, the park owner must prepare a closure statement and provide a copy to the
commissioners of health and the housing finance agency, the local planning agency, and a
resident of each manufactured home where the residential use is being converted. The
closure statement must include the following language in a font no smaller than 14 point:
"YOU MAY BE ENTITLED TO COMPENSATION FROM THE MINNESOTA
MANUFACTURED HOME RELOCATION TRUST FUND ADMINISTERED BY THE
MINNESOTA HOUSING FINANCE AGENCY." A resident may not be required to vacate
until deleted text begin 60 deleted text end new text begin 90 new text end days after the conclusion of the public hearing required under subdivision 4. If
a lot is available in another section of the park that will continue to be operated as a park,
the park owner must allow the resident to relocate the home to that lot unless the home,
because of its size or local ordinance, is not compatible with that lot.

new text begin (b) Closure statements issued more than 24 months prior to the park closure must contain
a closure date. If the closure does not take place within 24 months and the original statement
does not contain a closure date, the statement must be reissued to the commissioners of
health and the Housing Finance Agency, the local planning agency, and a resident of each
manufactured home where the residential use is being converted.
new text end

Sec. 2.

Minnesota Statutes 2016, section 327C.095, subdivision 2, is amended to read:

Subd. 2.

Notice of hearing; proposed change in land use.

If the planned conversion
or cessation of operation requires a variance or zoning change, the deleted text begin municipality deleted text end new text begin local
government authority new text end must mail a notice at least ten days before the hearing to a resident
of each manufactured home in the park stating the time, place, and purpose of the public
hearing. The park owner shall provide the deleted text begin municipality deleted text end new text begin local government authority new text end with a
list of the names and addresses of at least one resident of each manufactured home in the
park at the time application is made for a variance or zoning change.

Sec. 3.

Minnesota Statutes 2016, section 327C.095, subdivision 3, is amended to read:

Subd. 3.

Closure statement.

Upon receipt of the closure statement from the park owner,
the local planning agency shall submit the closure statement to the governing body of the
deleted text begin municipality deleted text end new text begin local government authority new text end and request the governing body to schedule a public
hearing. The deleted text begin municipality deleted text end new text begin local government authority new text end must mail a notice at least ten days
before the hearing to a resident of each manufactured home in the park stating the time,
place, and purpose of the public hearing. The park owner shall provide the deleted text begin municipality deleted text end new text begin
local government authority new text end with a list of the names and addresses of at least one resident
of each manufactured home in the park at the time the closure statement is submitted to the
local planning agency.

Sec. 4.

Minnesota Statutes 2016, section 327C.095, subdivision 4, is amended to read:

Subd. 4.

Public hearing; relocation compensation; neutral third party.

The governing
body of the affected deleted text begin municipality deleted text end new text begin local government authority new text end shall hold a public hearing to
review the closure statement and any impact that the park closing may have on the displaced
residents and the park owner. At the time of, and in the notice for, the public hearing,
displaced residents must be informed that they may be eligible for payments from the
Minnesota manufactured home relocation trust fund under section 462A.35 as compensation
for reasonable relocation costs under subdivision 13, paragraphs (a) and (e).

The governing body of the deleted text begin municipality deleted text end new text begin local government authority new text end may also require
that other parties, including the deleted text begin municipality deleted text end new text begin local government authority new text end , but excluding the
park owner or its purchaser, involved in the park closing provide additional compensation
to residents to mitigate the adverse financial impact of the park closing upon the residents.

At the public hearing, the deleted text begin municipality deleted text end new text begin local government authority new text end shall appoint a neutral
third party, to be agreed upon by both the manufactured home park owner and manufactured
home owners, whose hourly cost must be reasonable and paid from the Minnesota
manufactured home relocation trust fund. The neutral third party shall act as a paymaster
and arbitrator, with decision-making authority to resolve any questions or disputes regarding
any contributions or disbursements to and from the Minnesota manufactured home relocation
trust fund by either the manufactured home park owner or the manufactured home owners.
If the parties cannot agree on a neutral third party, the deleted text begin municipality deleted text end new text begin local government
authority new text end will make a determination.

new text begin At the public hearing, the governing body of the local government authority shall make
a determination if any ordinance was in effect on May 26, 2007, that would provide
compensation to displaced residents and provide this information to the third party neutral
to determine the applicable amount of compensation under subdivision 13, paragraph (f).
new text end

Sec. 5.

Minnesota Statutes 2016, section 327C.095, subdivision 12, is amended to read:

Subd. 12.

Payment to the Minnesota manufactured home relocation trust fund.

(a)
If a manufactured home owner is required to move due to the conversion of all or a portion
of a manufactured home park to another use, the closure of a park, or cessation of use of
the land as a manufactured home park, the manufactured park owner shall, upon the change
in use, pay to the commissioner of management and budget for deposit in the Minnesota
manufactured home relocation trust fund under section 462A.35, the lesser amount of the
actual costs of moving or purchasing the manufactured home approved by the neutral third
party and paid by the Minnesota Housing Finance Agency under subdivision 13, paragraph
(a) or (e), or $3,250 for each single section manufactured home, and $6,000 for each
multisection manufactured home, for which a manufactured home owner has made
application for payment of relocation costs under subdivision 13, paragraph (c). The
manufactured home park owner shall make payments required under this section to the
Minnesota manufactured home relocation trust fund within 60 days of receipt of invoice
from the neutral third party.

(b) A manufactured home park owner is not required to make the payment prescribed
under paragraph (a), nor is a manufactured home owner entitled to compensation under
subdivision 13, paragraph (a) or (e), if:

(1) the manufactured home park owner relocates the manufactured home owner to
another space in the manufactured home park or to another manufactured home park at the
park owner's expense;

(2) the manufactured home owner is vacating the premises and has informed the
manufactured home park owner or manager of this prior to the mailing date of the closure
statement under subdivision 1;

(3) a manufactured home owner has abandoned the manufactured home, or the
manufactured home owner is not current on the monthly lot rental, personal property taxes;

(4) the manufactured home owner has a pending eviction action for nonpayment of lot
rental amount under section 327C.09, which was filed against the manufactured home owner
prior to the mailing date of the closure statement under subdivision 1, and the writ of recovery
has been ordered by the district court;

(5) the conversion of all or a portion of a manufactured home park to another use, the
closure of a park, or cessation of use of the land as a manufactured home park is the result
of a taking or exercise of the power of eminent domain by a governmental entity or public
utility; or

(6) the owner of the manufactured home is not a resident of the manufactured home
park, as defined in section 327C.01, subdivision 9, or the owner of the manufactured home
is a resident, but came to reside in the manufactured home park after the mailing date of
the closure statement under subdivision 1.

(c) If the unencumbered fund balance in the manufactured home relocation trust fund
is less than deleted text begin $1,000,000 deleted text end new text begin $3,000,000 new text end as of June 30 of each year, the commissioner of
management and budget shall assess each manufactured home park owner by mail the total
amount of $15 for each licensed lot in their park, payable on or before September 15 of that
year. The commissioner of management and budget shall deposit any payments in the
Minnesota manufactured home relocation trust fund. On or before July 15 of each year, the
commissioner of management and budget shall prepare and distribute to park owners a letter
explaining whether funds are being collected for that year, information about the collection,
an invoice for all licensed lots, and a sample form for the park owners to collect information
on which park residents have been accounted for. If assessed under this paragraph, the park
owner may recoup the cost of the $15 assessment as a lump sum or as a monthly fee of no
more than $1.25 collected from park residents together with monthly lot rent as provided
in section 327C.03, subdivision 6. Park owners may adjust payment for lots in their park
that are vacant or otherwise not eligible for contribution to the trust fund under section
327C.095, subdivision 12, paragraph (b), and deduct from the assessment accordingly.

(d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
attorney fees, court costs, and disbursements.

Sec. 6.

Minnesota Statutes 2016, section 327C.095, subdivision 13, is amended to read:

Subd. 13.

Change in use, relocation expenses; payments by park owner.

(a) If a
manufactured home owner is required to relocate due to the conversion of all or a portion
of a manufactured home park to another use, the closure of a manufactured home park, or
cessation of use of the land as a manufactured home park under subdivision 1, and the
manufactured home owner complies with the requirements of this section, the manufactured
home owner is entitled to payment from the Minnesota manufactured home relocation trust
fund equal to the manufactured home owner's actual relocation costs for relocating the
manufactured home to a new location within a deleted text begin 25-mile deleted text end new text begin 50-mile new text end radius of the park that is
being closed, up to a maximum of $7,000 for a single-section and $12,500 for a multisection
manufactured home. The actual relocation costs must include the reasonable cost of taking
down, moving, and setting up the manufactured home, including equipment rental, utility
connection and disconnection charges, minor repairs, modifications necessary for
transportation of the home, necessary moving permits and insurance, moving costs for any
appurtenances, which meet applicable local, state, and federal building and construction
codes.

(b) A manufactured home owner is not entitled to compensation under paragraph (a) if
the manufactured home park owner is not required to make a payment to the Minnesota
manufactured home relocation trust fund under subdivision 12, paragraph (b).

(c) Except as provided in paragraph (e), in order to obtain payment from the Minnesota
manufactured home relocation trust fund, the manufactured home owner shall submit to the
neutral third party and the Minnesota Housing Finance Agency, with a copy to the park
owner, an application for payment, which includes:

(1) a copy of the closure statement under subdivision 1;

(2) a copy of the contract with a moving or towing contractor, which includes the
relocation costs for relocating the manufactured home;

(3) a statement with supporting materials of any additional relocation costs as outlined
in subdivision 1;

(4) a statement certifying that none of the exceptions to receipt of compensation under
subdivision 12, paragraph (b), apply to the manufactured home owner;

(5) a statement from the manufactured park owner that the lot rental is current deleted text begin and that
the annual $15 payments to the Minnesota manufactured home relocation trust fund have
been paid when due deleted text end ; and

(6) a statement from the county where the manufactured home is located certifying that
personal property taxes for the manufactured home are paid through the end of that year.

(d) If the neutral third party has acted reasonably and does not approve or deny payment
within 45 days after receipt of the information set forth in paragraph (c), the payment is
deemed approved. Upon approval and request by the neutral third party, the Minnesota
Housing Finance Agency shall issue two checks in equal amount for 50 percent of the
contract price payable to the mover and towing contractor for relocating the manufactured
home in the amount of the actual relocation cost, plus a check to the home owner for
additional certified costs associated with third-party vendors, that were necessary in relocating
the manufactured home. The moving or towing contractor shall receive 50 percent upon
execution of the contract and 50 percent upon completion of the relocation and approval
by the manufactured home owner. The moving or towing contractor may not apply the funds
to any other purpose other than relocation of the manufactured home as provided in the
contract. A copy of the approval must be forwarded by the neutral third party to the park
owner with an invoice for payment of the amount specified in subdivision 12, paragraph
(a).

(e) In lieu of collecting a relocation payment from the Minnesota manufactured home
relocation trust fund under paragraph (a), the manufactured home owner may collect an
amount from the fund after reasonable efforts to relocate the manufactured home have failed
due to the age or condition of the manufactured home, or because there are no manufactured
home parks willing or able to accept the manufactured home within a 25-mile radius. A
manufactured home owner may tender title of the manufactured home in the manufactured
home park to the manufactured home park owner, and collect an amount to be determined
by an independent appraisal. The appraiser must be agreed to by both the manufactured
home park owner and the manufactured home owner. If the appraised market value cannot
be determined, the tax market value, averaged over a period of five years, can be used as a
substitute. The maximum amount that may be reimbursed under the fund is $8,000 for a
single-section and $14,500 for a multisection manufactured home. The minimum amount
that may be reimbursed under the fund is $2,000 for a single section and $4,000 for a
multisection manufactured home. The manufactured home owner shall deliver to the
manufactured home park owner the current certificate of title to the manufactured home
duly endorsed by the owner of record, and valid releases of all liens shown on the certificate
of title, and a statement from the county where the manufactured home is located evidencing
that the personal property taxes have been paid. The manufactured home owner's application
for funds under this paragraph must include a document certifying that the manufactured
home cannot be relocated, that the lot rental is current, that the annual $15 payments to the
Minnesota manufactured home relocation trust fund have been paid when due, that the
manufactured home owner has chosen to tender title under this section, and that the park
owner agrees to make a payment to the commissioner of management and budget in the
amount established in subdivision 12, paragraph (a), less any documented costs submitted
to the neutral third party, required for demolition and removal of the home, and any debris
or refuse left on the lot, not to exceed $1,000. The manufactured home owner must also
provide a copy of the certificate of title endorsed by the owner of record, and certify to the
neutral third party, with a copy to the park owner, that none of the exceptions to receipt of
compensation under subdivision 12, paragraph (b), clauses (1) to (6), apply to the
manufactured home owner, and that the home owner will vacate the home within 60 days
after receipt of payment or the date of park closure, whichever is earlier, provided that the
monthly lot rent is kept current.

(f) deleted text begin The Minnesota Housing Finance Agency must make a determination of the amount
of payment a manufactured home owner would have been entitled to under a local ordinance
in effect on May 26, 2007. deleted text end Notwithstanding paragraph (a), the manufactured home owner's
compensation for relocation costs from the fund under section 462A.35, is the greater of
the amount provided under this subdivision, or the amount under the local ordinance in
effect on May 26, 2007, that is applicable to the manufactured home owner. Nothing in this
paragraph is intended to increase the liability of the park owner.

(g) Neither the neutral third party nor the Minnesota Housing Finance Agency shall be
liable to any person for recovery if the funds in the Minnesota manufactured home relocation
trust fund are insufficient to pay the amounts claimed. The Minnesota Housing Finance
Agency shall keep a record of the time and date of its approval of payment to a claimant.

(h) The agency shall report to the chairs of the senate Finance Committee and house of
representatives Ways and Means Committee by January 15 of each year on the Minnesota
manufactured home relocation trust fund, including the account balance, payments to
claimants, the amount of any advances to the fund, the amount of any insufficiencies
encountered during the previous calendar year, and any administrative charges or expenses
deducted from the trust fund balance. If sufficient funds become available, the Minnesota
Housing Finance Agency shall pay the manufactured home owner whose unpaid claim is
the earliest by time and date of approval.

ARTICLE 5

WAGE THEFT

Section 1.

Minnesota Statutes 2016, section 177.27, subdivision 2, is amended to read:

Subd. 2.

Submission of records; penalty.

The commissioner may require the employer
of employees working in the state to submit to the commissioner photocopies, certified
copies, or, if necessary, the originals of employment records which the commissioner deems
necessary or appropriate. The records which may be required include full and correct
statements in writing, including sworn statements by the employer, containing information
relating to wages, hours, names, addresses, and any other information pertaining to the
employer's employees and the conditions of their employment as the commissioner deems
necessary or appropriate.

The commissioner may require the records to be submitted new text begin in a specific format new text end by
certified mail delivery or, if necessary, by personal delivery by the employer or a
representative of the employer, as authorized by the employer in writing.

The commissioner may fine the employer up to deleted text begin $1,000 deleted text end new text begin $10,000 new text end for each failure to submit
or deliver records as required by this section. This penalty is in addition to any penalties
provided under section 177.32, subdivision 1. In determining the amount of a civil penalty
under this subdivision, the appropriateness of such penalty to the size of the employer's
business and the gravity of the violation shall be considered.

Sec. 2.

Minnesota Statutes 2016, section 177.27, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

new text begin Subpoenas. new text end

new text begin To carry out the purposes of this section, the commissioner may
issue subpoenas to compel persons to appear before the commissioner to give testimony
and produce documents, apparatus, devices, equipment, or materials. Upon the application
of the commissioner, a district court shall treat the failure of any person to obey a subpoena
lawfully issued by the commissioner under this subdivision as a contempt of court.
new text end

Sec. 3.

Minnesota Statutes 2016, section 177.30, is amended to read:

177.30 KEEPING RECORDS; PENALTY.

(a) Every employer subject to sections 177.21 to 177.44 must make and keep a record
of:

(1) the name, address, and occupation of each employee;

(2) the rate of pay, and the amount paid each pay period to each employee new text begin , including
whether each employee is paid by the hour, shift, day, week, salary, piece, commission, or
other method new text end ;

(3) the hours worked each day and each workweek by the employee new text begin , including for all
employees paid at piece rate, the number of pieces completed at each piece rate new text end ;

(4) new text begin any personnel policies provided to employees;
new text end

new text begin (5) a copy of the notice provided to each employee as required by section 181.032,
paragraph (d);
new text end

new text begin (6) new text end for each employer subject to sections 177.41 to 177.44, and while performing work
on public works projects funded in whole or in part with state funds, the employer shall
furnish under oath signed by an owner or officer of an employer to the contracting authority
and the project owner every two weeks, a certified payroll report with respect to the wages
and benefits paid each employee during the preceding weeks specifying for each employee:
name; identifying number; prevailing wage master job classification; hours worked each
day; total hours; rate of pay; gross amount earned; each deduction for taxes; total deductions;
net pay for week; dollars contributed per hour for each benefit, including name and address
of administrator; benefit account number; and telephone number for health and welfare,
vacation or holiday, apprenticeship training, pension, and other benefit programs; and

deleted text begin (5) deleted text end new text begin (7) new text end other information the commissioner finds necessary and appropriate to enforce
sections 177.21 to 177.435. The records must be kept for three years in deleted text begin or near deleted text end the premises
where an employee works except each employer subject to sections 177.41 to 177.44, and
while performing work on public works projects funded in whole or in part with state funds,
the records must be kept for three years after the contracting authority has made final payment
on the public works project.

(b) new text begin All records required to be kept under paragraph (a) must be readily available for
inspection by the commissioner on the premises of employment during reasonable office
hours under section 177.27, subdivision 1.
new text end

new text begin (c) new text end The commissioner may fine an employer up to deleted text begin $1,000 deleted text end new text begin $10,000 new text end for each failure to
maintain records as required by this section. This penalty is in addition to any penalties
provided under section 177.32, subdivision 1. In determining the amount of a civil penalty
under this subdivision, the appropriateness of such penalty to the size of the employer's
business and the gravity of the violation shall be considered.

Sec. 4.

Minnesota Statutes 2016, section 177.32, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanors.

new text begin (a) new text end An employer who does any of the following is guilty
of a misdemeanor:

(1) hinders or delays the commissioner in the performance of duties required under
sections 177.21 to 177.435;

(2) refuses to admit the commissioner to the place of business or employment of the
employer, as required by section 177.27, subdivision 1;

(3) repeatedly fails to make, keep, and preserve records as required by section 177.30;

(4) falsifies any record;

(5) refuses to make any record available, or to furnish a sworn statement of the record
or any other information as required by section 177.27;

(6) repeatedly fails to post a summary of sections 177.21 to 177.44 or a copy or summary
of the applicable rules as required by section 177.31;

(7) pays or agrees to pay wages at a rate less than the rate required under sections 177.21
to 177.44;

(8) refuses to allow adequate time from work as required by section 177.253; or

(9) otherwise violates any provision of sections 177.21 to 177.44.

new text begin (b) An employer is guilty of a gross misdemeanor if the employer fails to pay any wages
due to an employee or employees under sections 177.21 to 177.44, and the total of any such
wages in relation to all affected employees is $10,000 or more.
new text end

Sec. 5.

Minnesota Statutes 2016, section 181.03, subdivision 1, is amended to read:

Subdivision 1.

Prohibited practices.

deleted text begin An employer may not, directly or indirectly and
with intent to defraud: deleted text end new text begin (a) No employer shall commit wage theft.
new text end

new text begin (b) For purposes of this section, wage theft is committed if:
new text end

(1) deleted text begin cause deleted text end new text begin an employer has failed to pay an employee all wages to which that employee
is entitled;
new text end

new text begin (2) an employer directly or indirectly causes new text end any employee to give a receipt for wages
for a greater amount than that actually paid to the employee for services rendered;

deleted text begin (2) deleted text end new text begin (3) an employer new text end directly or indirectly deleted text begin demand deleted text end new text begin demands new text end or deleted text begin receive deleted text end new text begin receives new text end from any
employee any rebate or refund from the wages owed the employee under contract of
employment with the employer; deleted text begin or
deleted text end

deleted text begin (3) deleted text end new text begin (4) an employer new text end in any manner deleted text begin make deleted text end new text begin makes new text end or deleted text begin attempt deleted text end new text begin attempts new text end to make it appear
that the wages paid to any employee were greater than the amount actually paid to the
employee deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) an employer retaliates against an employee for asserting rights or remedies under
this section, including but not limited to filing a complaint with the Department of Labor
and Industry or telling the employer of intention to file a complaint.
new text end

Sec. 6.

Minnesota Statutes 2016, section 181.03, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin The commissioner may enforce this section. The use of an
enforcement provision in this section shall not preclude the use of any other enforcement
provision provided by law.
new text end

Sec. 7.

Minnesota Statutes 2016, section 181.03, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Citations. new text end

new text begin The commissioner may issue a citation for failure to pay wages of
up to $1,000 by serving the citation on the employer. The citation shall direct the employer
to pay the commissioner any back pay, gratuities, and compensatory damages owed to the
employee within 15 days. The citation may require the employer to correct the violation,
may require the employer to cease and desist from committing the violation, and may assess
a monetary penalty of up to $1,000. In determining the amount of the monetary penalty,
the commissioner shall consider the factors described in section 14.045, subdivision 3. If
the citation includes a penalty assessment, then the penalty is due and payable on the date
the citation becomes final. The commissioner shall vacate the citation if: (1) before the
citation was issued, the employer paid to the employee the back pay, gratuities, and
compensatory damages specified in the citation; and (2) within the five days after the citation
is issued, the employer provides to the commissioner evidence acceptable to the
commissioner that the employer made the payment described in clause (1).
new text end

Sec. 8.

Minnesota Statutes 2016, section 181.03, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Administrative review. new text end

new text begin (a) Within 15 days after the commissioner issues a
citation under subdivision 5, the employer to whom the citation is issued may request an
expedited hearing to review the citation. The request for hearing must be in writing and
must be served on the commissioner at the address specified in the citation. If the employer
does not request a hearing or if the employer's written request for hearing is not served on
the commissioner by the 15th day after the commissioner issues the citation, the citation
becomes a final order of the commissioner and is not subject to review by any court or
agency. The hearing request must state the reasons for seeking review of the citation. The
employer to whom the citation is issued and the commissioner are the parties to the expedited
hearing. The commissioner must notify the employer to whom the citation is issued of the
time and place of the hearing at least 15 days before the hearing. The hearing shall be
conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this
section. If a hearing has been held, the commissioner shall not issue a final order until at
lease five days after the date of the administrative law judge's report. Any person aggrieved
by the administrative law judge's report may, within those five days, serve written comments
to the commissioner on the report and the commissioner shall consider and enter the
comments in the record. The commissioner's final order shall comply with sections 14.61,
subdivision 2, and 14.62, subdivision 1 and 2a, and may be appealed in the manner provided
in sections 14.63 to 14.69.
new text end

new text begin (b) When an employer to whom a citation under subdivision 5 was issued requests an
expedited hearing under paragraph (a), the employer is presumed to have committed each
violation listed in the citation. The employer to whom the citation was issued may rebut
this presumption by showing that the employer did not commit the violation.
new text end

Sec. 9.

Minnesota Statutes 2016, section 181.03, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Effect on other laws. new text end

new text begin Nothing in this section shall be construed to limit the
application of other state or federal laws.
new text end

Sec. 10.

Minnesota Statutes 2016, section 181.032, is amended to read:

181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER new text begin ; NOTICE
TO EMPLOYEE new text end .

(a) At the end of each pay period, the employer shall provide each employee an earnings
statement, either in writing or by electronic means, covering that pay period. An employer
who chooses to provide an earnings statement by electronic means must provide employee
access to an employer-owned computer during an employee's regular working hours to
review and print earnings statements.

(b) The earnings statement may be in any form determined by the employer but must
include:

(1) the name of the employee;

(2) the deleted text begin hourly deleted text end rate new text begin or rates new text end of pay deleted text begin (if applicable) deleted text end new text begin and basis thereof, including whether
the employee is paid by hour, shift, day, week, salary, piece, commission, or other method new text end ;

(3) new text begin allowances, if any, claimed pursuant to permitted meals and lodging;
new text end

new text begin (4) new text end the total number of hours worked by the employee unless exempt from chapter 177;

deleted text begin (4) deleted text end new text begin (5) new text end the total amount of gross pay earned by the employee during that period;

deleted text begin (5) deleted text end new text begin (6) new text end a list of deductions made from the employee's pay;

deleted text begin (6) deleted text end new text begin (7) new text end the net amount of pay after all deductions are made;

deleted text begin (7) deleted text end new text begin (8) new text end the date on which the pay period ends; deleted text begin and
deleted text end

deleted text begin (8) deleted text end new text begin (9) new text end the legal name of the employer and the operating name of the employer if different
from the legal name deleted text begin . deleted text end new text begin ;
new text end

new text begin (10) the physical address of the employer's main office or principal place of business,
and a mailing address if different; and
new text end

new text begin (11) the telephone number of the employer.
new text end

(c) An employer must provide earnings statements to an employee in writing, rather
than by electronic means, if the employer has received at least 24 hours notice from an
employee that the employee would like to receive earnings statements in written form. Once
an employer has received notice from an employee that the employee would like to receive
earnings statements in written form, the employer must comply with that request on an
ongoing basis.

new text begin (d) At the start of employment, an employer shall provide each employee a written notice
containing the following information:
new text end

new text begin (1) the rate or rates of pay and basis thereof, including whether the employee is paid by
the hour, shift, day, week, salary, piece, commission, or other method;
new text end

new text begin (2) allowances, if any, claimed pursuant to permitted meals and lodging;
new text end

new text begin (3) paid vacation, sick time, or other paid time off accruals and terms of use;
new text end

new text begin (4) whether the employee is exempt from minimum wage, overtime, and other provisions
of chapter 177, and on what basis;
new text end

new text begin (5) a list of deductions that may be made from the employee's pay;
new text end

new text begin (6) the dates on which the pay periods start and end and the regularly scheduled payday;
new text end

new text begin (7) the legal name of the employer and the operating name of the employer if different
from the legal name;
new text end

new text begin (8) the physical address of the employer's main office or principal place of business, and
a mailing address if different; and
new text end

new text begin (9) the telephone number of the employer.
new text end

new text begin (e) The employer must keep a copy of the notice under paragraph (d) signed by each
employee acknowledging receipt of the notice. The notice must be provided to each employee
in English and in the employee's native language.
new text end

new text begin (f) An employer must provide the employee any written changes to the information
contained in the notice under paragraph (d) at least seven calendar days prior to the time
the changes take effect. The changes must be signed by the employee before the changes
go into effect. The employer must keep a signed copy of all notice of changes as well as
the initial notices under paragraph (d).
new text end

Sec. 11.

Minnesota Statutes 2016, section 181.101, is amended to read:

181.101 WAGES; HOW OFTEN PAID.

(a) Except as provided in paragraph (b), every employer must pay all wages earned by
an employee at least once every deleted text begin 31 deleted text end new text begin 16 new text end days on a regular payday designated in advance by
the employer regardless of whether the employee requests payment at longer intervals.
deleted text begin Unless paid earlier, the wages earned during the first half of the first 31-day pay period
become due on the first regular payday following the first day of work. deleted text end new text begin Payment for the
first day of work must be received no later than the first regular payday after the first 16
calendar days of employment or within 31 calendar days of the first day of employment,
whichever comes first. new text end If wages earned are not paid, the commissioner of labor and industry
or the commissioner's representative may demand payment on behalf of an employee. If
payment is not made within deleted text begin ten deleted text end new text begin five new text end days of demand, the commissioner may charge and
collect the wages earned and a penalty in the amount of the employee's average daily earnings
at the rate agreed upon in the contract of employment, not exceeding 15 days in all, for each
day beyond the deleted text begin ten-day deleted text end new text begin five-day new text end limit following the demand. Money collected by the
commissioner must be paid to the employee concerned. This section does not prevent an
employee from prosecuting a claim for wages. This section does not prevent a school district,
other public school entity, or other school, as defined under section 120A.22, from paying
any wages earned by its employees during a school year on regular paydays in the manner
provided by an applicable contract or collective bargaining agreement, or a personnel policy
adopted by the governing board. For purposes of this section, "employee" includes a person
who performs agricultural labor as defined in section 181.85, subdivision 2. For purposes
of this section, wages are earned on the day an employee works.

(b) An employer of a volunteer firefighter, as defined in section 424A.001, subdivision
10, a member of an organized first responder squad that is formally recognized by a political
subdivision in the state, or a volunteer ambulance driver or attendant must pay all wages
earned by the volunteer firefighter, first responder, or volunteer ambulance driver or attendant
at least once every 31 days, unless the employer and the employee mutually agree upon
payment at longer intervals.

ARTICLE 6

WORKERS' COMPENSATION COURT OF APPEALS

Section 1.

Minnesota Statutes 2017 Supplement, section 15A.083, subdivision 7, is
amended to read:

Subd. 7.

Workers' Compensation Court of Appeals and compensation judges.

Salaries of judges of the Workers' Compensation Court of Appeals are deleted text begin 98.52 deleted text end new text begin 105 new text end percent
of the salary for deleted text begin district court deleted text end new text begin workers' compensation new text end judges new text begin at the Office of Administrative
Hearings new text end . The salary of the chief judge of the Workers' Compensation Court of Appeals is
deleted text begin 98.52 deleted text end new text begin 107 new text end percent of the salary for deleted text begin a chief district court judge deleted text end new text begin workers' compensation judges
at the Office of Administrative Hearings new text end . Salaries of compensation judges are 98.52 percent
of the salary of district court judges.