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Capital IconMinnesota Legislature

HF 1342

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/09/2021 12:50pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20
1.21 1.22
1.23 1.24 1.25 1.26 1.27 1.28 1.29 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8
2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25
12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7
15.8 15.9 15.10 15.11
15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30
16.1 16.2
16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19
16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29
17.1 17.2 17.3 17.4 17.5 17.6 17.7
17.8 17.9 17.10 17.11 17.12
17.13 17.14 17.15 17.16 17.17 17.18
17.19 17.20 17.21 17.22 17.23 17.24 17.25
17.26 17.27 17.28 17.29 17.30
18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8
18.9 18.10 18.11 18.12
18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31
19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9
20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20
21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 22.1 22.2 22.3 22.4 22.5 22.6
22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14
22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10
23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27
26.28 26.29 26.30 26.31
27.1 27.2
27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14
27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 28.1 28.2
28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 30.1 30.2
30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 32.1 32.2 32.3
32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30
45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16
45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10
46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24
49.25 49.26 49.27 49.28 49.29
50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 53.1 53.2 53.3 53.4 53.5
53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16
54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10
55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8
58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11
62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10
67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15
68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8
70.9 70.10 70.11 70.12
70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12
72.13 72.14 72.15 72.16 72.17
72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26
74.27 74.28 74.29 74.30 74.31 74.32 74.33 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20
75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31
76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9
76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17
76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 79.1 79.2
79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13
79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 80.1 80.2 80.3 80.4 80.5
80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32
81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9
81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29
85.30 85.31 85.32 85.33
86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 87.1 87.2
87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9
88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24
88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32
89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21
89.22 89.23 89.24 89.25 89.26 89.27
89.28
89.29 89.30 89.31 90.1 90.2 90.3 90.4 90.5
90.6 90.7
90.8 90.9 90.10 90.11 90.12
90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10
91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9
92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18
92.19 92.20
92.21 92.22
92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 94.1 94.2 94.3 94.4 94.5 94.6
94.7
94.8 94.9 94.10
94.11
94.12 94.13
94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27
95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16
95.17 95.18
95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 96.1 96.2
96.3 96.4 96.5
96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30
97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31
98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13
99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14
100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19
102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28
102.29 102.30 102.31
103.1 103.2 103.3 103.4
103.5 103.6 103.7 103.8 103.9
103.10 103.11 103.12 103.13 103.14 103.15
103.16 103.17 103.18 103.19 103.20 103.21
103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 104.1 104.2 104.3 104.4 104.5 104.6
104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25
104.26 104.27 104.28 104.29 104.30 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20
105.21 105.22 105.23 105.24 105.25 105.26
105.27 105.28 105.29 105.30 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8
106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18
106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5
107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10
109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26
110.27 110.28 110.29 110.30 110.31 110.32 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27
111.28 111.29 111.30 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17
112.18
112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29
112.30
113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 119.1 119.2 119.3
119.4 119.5

A bill for an act
relating to state government; establishing the governor's budget for jobs and
economic development; appropriating money for the Departments of Employment
and Economic Development and Labor and Industry, Bureau of Mediation Services,
and Workers' Compensation Court of Appeals; making policy changes; authorizing
rulemaking; modifying fees; requiring reports; amending Minnesota Statutes 2020,
sections 13.719, by adding a subdivision; 116J.035, subdivision 6; 116L.02;
116L.03, subdivisions 1, 2, 3; 116L.05, subdivision 5; 116L.17, subdivisions 1,
4; 116L.20, subdivision 2; 116L.40, subdivisions 5, 6, 9, 10, by adding a
subdivision; 116L.41, subdivisions 1, 2, by adding subdivisions; 116L.42,
subdivisions 1, 2; 116L.98, subdivisions 1, 2, 3; 177.27, subdivision 4; 181.032;
181.939; 181.940, subdivisions 2, 3; 181.9414, by adding a subdivision; 182.666,
subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 256J.561, by adding a
subdivision; 256J.95, subdivisions 3, 11; 256P.01, subdivision 3; 268.035,
subdivision 21c; 268.085, subdivision 2; 268.133; 268.19, subdivision 1; 326B.092,
subdivision 7; 326B.106, subdivision 1; 326B.89, subdivisions 1, 5, 9; proposing
coding for new law in Minnesota Statutes, chapter 116L; proposing coding for
new law as Minnesota Statutes, chapter 268B; repealing Minnesota Statutes 2020,
section 116L.18.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginJOBS, ECONOMIC DEVELOPMENT, LABOR AND INDUSTRY, AND
BUREAU OF MEDIATION SERVICES APPROPRIATIONS.
new text end

new text begin (a) The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2022" and "2023" used in this article mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2022, or June 30, 2023,
respectively. "The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The
biennium" is fiscal years 2022 and 2023.
new text end

new text begin (b) If an appropriation in this article is enacted more than once in the 2021 regular or
special legislative session, the appropriation must be given effect only once.
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 2022
new text end
new text begin 2023
new text end

Sec. 2. new text beginDEPARTMENT 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 110,836,000
new text end
new text begin $
new text end
new text begin 110,399,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2022
new text end
new text begin 2023
new text end
new text begin General
new text end
new text begin 81,899,000
new text end
new text begin 81,462,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end
new text begin Workforce
Development
new text end
new text begin 28,237,000
new text end
new text begin 28,237,000
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 40,073,000
new text end
new text begin 39,323,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 38,023,000
new text end
new text begin 37,273,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,350,000
new text end
new text begin 1,350,000
new text end

new text begin (a) $1,787,000 each year is for the greater
Minnesota business development public
infrastructure grant program under Minnesota
Statutes, section 116J.431. This appropriation
is available until June 30, 2025.
new text end

new text begin (b) $1,425,000 each year is for the business
development competitive grant program. Of
this amount, up to five percent is for
administration and monitoring of the business
development competitive grant program. All
grant awards shall be for two consecutive
years. Grants shall be awarded in the first year.
new text end

new text begin (c) $1,772,000 each year is for contaminated
site cleanup and development grants under
Minnesota Statutes, sections 116J.551 to
116J.558. This appropriation is available until
June 30, 2025.
new text end

new text begin (d) $700,000 each year is from the remediation
fund for contaminated site cleanup and
development grants under Minnesota Statutes,
sections 116J.551 to 116J.558. This
appropriation is available until June 30, 2025.
new text end

new text begin (e) $139,000 each year is for the Center for
Rural Policy and Development.
new text end

new text begin (f) $25,000 each year is for the administration
of state aid for the Destination Medical Center
under Minnesota Statutes, sections 469.40 to
469.47.
new text end

new text begin (g) $875,000 each year is for the host
community economic development program
established in Minnesota Statutes, section
116J.548.
new text end

new text begin (h) $500,000 each year is for the small
business development center program for
grants to the regional small business
development center offices and the lead center.
This is a onetime appropriation.
new text end

new text begin (i) $3,000,000 each year is for technical
assistance to small businesses. Of this amount:
new text end

new text begin (1) $1,500,000 is for grants to nonprofit
lenders to provide additional equity support
to leverage other capitol sources;
new text end

new text begin (2) $750,000 is for the business development
competitive grant program; and
new text end

new text begin (3) $750,000 is for grants to small business
incubators that serve minority-, veteran-, and
women-owned businesses to provide
commercial space, technical assistance, and
education services.
new text end

new text begin This is a onetime appropriation.
new text end

new text begin (j) $750,000 in fiscal year 2022 is for grants
to local communities to increase the number
of quality child care providers to support
economic development. At least 60 percent of
grant funds must go to communities located
outside of the seven-county metropolitan area
as defined under Minnesota Statutes, section
473.121, subdivision 2. Grant recipients must
obtain a 50 percent nonstate match to grant
funds in either cash or in-kind contributions.
Grant funds available under this section must
be used to implement projects to reduce the
child care shortage in the state, including but
not limited to funding for child care business
start-ups or expansion, training, facility
modifications or improvements required for
licensing, and assistance with licensing and
other regulatory requirements. In awarding
grants, the commissioner must give priority
to communities that have demonstrated a
shortage of child care providers in the area.
This is a onetime appropriation. Within one
year of receiving grant funds, grant recipients
must report to the commissioner on the
outcomes of the grant program, including but
not limited to the number of new providers,
the number of additional child care provider
jobs created, the number of additional child
care slots, and the amount of cash and in-kind
local funds invested.
new text end

new text begin (k) $7,500,000 each year is for the Minnesota
job creation fund under Minnesota Statutes,
section 116J.8748. Of this amount, the
commissioner of employment and economic
development may use up to three percent for
administrative expenses. This appropriation
is available until expended. The base amount
for this purpose in fiscal year 2024 and beyond
is $8,000,000.
new text end

new text begin (l) $7,750,000 each year is for the Minnesota
investment fund under Minnesota Statutes,
section 116J.8731. Of this amount, the
commissioner of employment and economic
development may use up to three percent for
administration and monitoring of the program.
In fiscal year 2024 and beyond, the base
amount is $12,370,000. This appropriation is
available until expended. Notwithstanding
Minnesota Statutes, section 116.8731, money
appropriated to the commissioner for the
Minnesota investment fund may be used for
the redevelopment program under Minnesota
Statutes, sections 116J.575 and 116J.5761, at
the discretion of the commissioner. Grants
under this paragraph are not subject to the
grant amount limitation under Minnesota
Statutes, section 116J.8731.
new text end

new text begin (m) $1,000,000 each year is for the Minnesota
emerging entrepreneur loan program under
Minnesota Statutes, section 116M.18. Funds
available under this paragraph are for transfer
into the emerging entrepreneur program
special revenue fund account created under
Minnesota Statutes, chapter 116M, and are
available until expended. Of this amount, up
to four percent is for administration and
monitoring of the program.
new text end

new text begin (n) $325,000 each year is for the Minnesota
Film and TV Board. The appropriation in each
year is available only upon receipt by the
board of $1 in matching contributions of
money or in-kind contributions from nonstate
sources for every $3 provided by this
appropriation, except that each year up to
$50,000 is available on July 1 even if the
required matching contribution has not been
received by that date.
new text end

new text begin (o) $12,000 each year is for a grant to the
Upper Minnesota Film Office.
new text end

new text begin (p) $500,000 each year is from the general
fund for a grant to the Minnesota Film and TV
Board for the film production jobs program
under Minnesota Statutes, section 116U.26.
This appropriation is available until June 30,
2025.
new text end

new text begin (q) $4,195,000 each year is for the Minnesota
job skills partnership program under
Minnesota Statutes, sections 116L.01 to
116L.17. If the appropriation for either year
is insufficient, the appropriation for the other
year is available. This appropriation is
available until expended.
new text end

new text begin (r) $1,350,000 each year from the workforce
development fund and $250,000 each year
from the general fund are for jobs training
grants under Minnesota Statutes, section
116L.42.
new text end

new text begin (s) $2,500,000 each year is for Launch
Minnesota. This is a onetime appropriation
and funds are available until June 30, 2025.
Of this amount:
new text end

new text begin (1) $1,500,000 each year is for innovation
grants to eligible Minnesota entrepreneurs or
start-up businesses to assist with their
operating needs;
new text end

new text begin (2) $500,000 each year is for administration
of Launch Minnesota; and
new text end

new text begin (3) $500,000 each year is for grantee activities
at Launch Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Employment and Training Programs
new text end

new text begin 20,548,000
new text end
new text begin 20,548,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 6,546,000
new text end
new text begin 6,546,000
new text end
new text begin Workforce
Development
new text end
new text begin 14,002,000
new text end
new text begin 14,002,000
new text end

new text begin (a) $500,000 each year from the general fund
and $500,000 each year from the workforce
development fund are for rural career
counseling coordinators in the workforce
service areas and for the purposes specified
under Minnesota Statutes, section 116L.667.
new text end

new text begin (b) $750,000 each year is for the women and
high-wage, high-demand, nontraditional jobs
grant program under Minnesota Statutes,
section 116L.99. Of this amount, up to five
percent is for administration and monitoring
of the program.
new text end

new text begin (c) $4,604,000 each year from the workforce
development fund and $2,546,000 each year
from the general fund are for the pathways to
prosperity competitive grant program. Of this
amount, up to four percent is for
administration and monitoring of the program.
new text end

new text begin (d) $500,000 each year is from the workforce
development fund for a grant to the American
Indian Opportunities and Industrialization
Center, in collaboration with the Northwest
Indian Community Development Center, to
reduce academic disparities for American
Indian students and adults. This is a onetime
appropriation. The grant funds may be used
to provide:
new text end

new text begin (1) student tutoring and testing support
services;
new text end

new text begin (2) training and employment placement in
information technology;
new text end

new text begin (3) training and employment placement within
trades;
new text end

new text begin (4) assistance in obtaining a GED;
new text end

new text begin (5) remedial training leading to enrollment
and to sustain enrollment in a postsecondary
higher education institution;
new text end

new text begin (6) real-time work experience in information
technology fields and in the trades;
new text end

new text begin (7) contextualized adult basic education;
new text end

new text begin (8) career and educational counseling for
clients with significant and multiple barriers;
and;
new text end

new text begin (9) reentry services and counseling for adults
and youth.
new text end

new text begin After notification to the chairs and minority
leads of the legislative committees with
jurisdiction over jobs and economic
development, the commissioner may transfer
this appropriation to the commissioner of
education.
new text end

new text begin (e) $500,000 each year is from the workforce
development fund for the Opportunities
Industrialization Center programs. This
appropriation shall be divided equally among
the eligible centers.
new text end

new text begin (f) $1,000,000 each year is for competitive
grants to organizations providing services to
relieve economic disparities in the Southeast
Asian community through workforce
recruitment, development, job creation,
assistance of smaller organizations to increase
capacity, and outreach. Of this amount, up to
five percent is for administration and
monitoring of the program.
new text end

new text begin (g) $1,000,000 each year is for a competitive
grant program to provide grants to
organizations that provide support services for
individuals, such as job training, employment
preparation, internships, job assistance to
parents, financial literacy, academic and
behavioral interventions for low-performing
students, and youth intervention. Grants made
under this section must focus on low-income
communities, young adults from families with
a history of intergenerational poverty, and
communities of color. Of this amount, up to
four percent is for administration and
monitoring of the program.
new text end

new text begin (h) $750,000 each year from the general fund
and $3,348,000 each year from the workforce
development fund are for the youth-at-work
competitive grant program under Minnesota
Statutes, section 116L.562. Of this amount,
up to five percent is for administration and
monitoring of the youth workforce
development competitive grant program. All
grant awards shall be for two consecutive
years. Grants shall be awarded in the first year.
new text end

new text begin (i) $1,000,000 each year is from the workforce
development fund for the youthbuild program
under Minnesota Statutes, sections 116L.361
to 116L.366.
new text end

new text begin (j) $4,050,000 each year is from the workforce
development fund for the Minnesota youth
program under Minnesota Statutes, sections
116L.56 and 116L.561.
new text end

new text begin Subd. 4. new text end

new text begin General Support Services
new text end

new text begin 4,957,000
new text end
new text begin 5,270,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin 4,902,000
new text end
new text begin 5,215,000
new text end
new text begin Workforce
Development
new text end
new text begin 55,000
new text end
new text begin 55,000
new text end

new text begin (a) On the day following final enactment, the
commissioner of employment and economic
development must cancel to the general fund
$1,022,000 from the fiscal year 2021 general
fund appropriation for the general support
services program.
new text end

new text begin (b) $375,000 each year is for the publication,
dissemination, and use of labor market
information under Minnesota Statutes, section
116J.401.
new text end

new text begin (c) $1,269,000 each year is for transfer to the
Minnesota Housing Finance Agency for
operating the Olmstead Compliance Office.
new text end

new text begin Subd. 5. new text end

new text begin Minnesota Trade Office
new text end

new text begin 2,142,000
new text end
new text begin 2,142,000
new text end

new text begin (a) $200,000 each year is for the STEP grants
in Minnesota Statutes, section 116J.979. The
base for this purpose in fiscal year 2024 and
beyond is $300,000.
new text end

new text begin (b) $180,000 each year is for the Invest
Minnesota marketing initiative in Minnesota
Statutes, section 116J.9781.
new text end

new text begin (c) $270,000 each year is for the Minnesota
Trade Offices under Minnesota Statutes,
section 116J.978.
new text end

new text begin Subd. 6. new text end

new text begin Vocational Rehabilitation
new text end

new text begin 36,691,000
new text end
new text begin 36,691,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 23,861,000
new text end
new text begin 23,861,000
new text end
new text begin Workforce
Development
new text end
new text begin 12,830,000
new text end
new text begin 12,830,000
new text end

new text begin (a) $14,300,000 each year is for the state's
vocational rehabilitation program under
Minnesota Statutes, chapter 268A.
new text end

new text begin (b) $3,995,000 each year from the general fund
and $11,830,000 each year from the workforce
development fund are for extended
employment services for persons with severe
disabilities under Minnesota Statutes, section
268A.15. Of the amounts appropriated from
the general fund, $2,000,000 each year is for
rate increases to providers of extended
employment services for persons with severe
disabilities under Minnesota Statutes, section
268A.15. In fiscal year 2024 and beyond, the
base is $8,995,000 each year from the general
fund and $6,830,000 from the workforce
development fund.
new text end

new text begin (c) $2,555,000 each year from the general fund
is for grants to programs that provide
employment support services to persons with
mental illness under Minnesota Statutes,
sections 268A.13 and 268A.14.
new text end

new text begin (d) $3,011,000 each year is from the general
fund for grants to centers for independent
living under Minnesota Statutes, section
268A.11.
new text end

new text begin (e) $1,000,000 each year is from the workforce
development fund for grants under Minnesota
Statutes, section 268A.16, for employment
services for persons, including transition-age
youth, who are deaf, deafblind, or
hard-of-hearing. If the amount in the first year
is insufficient, the amount in the second year
is available in the first year.
new text end

new text begin Subd. 7. new text end

new text begin Services for the Blind
new text end

new text begin 6,425,000
new text end
new text begin 6,425,000
new text end

new text begin Of this amount, $500,000 each year is for
senior citizens who are becoming blind. At
least one-half of the funds for this purpose
must be used to provide training services for
seniors who are becoming blind. Training
services must provide independent living skills
to seniors who are becoming blind to allow
them to continue to live independently in their
homes.
new text end

Sec. 3. new text beginDEPARTMENT OF LABOR AND
INDUSTRY
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 30,014,000
new text end
new text begin $
new text end
new text begin 29,964,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2022
new text end
new text begin 2023
new text end
new text begin General
new text end
new text begin 4,239,000
new text end
new text begin 4,189,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 22,991,000
new text end
new text begin 22,991,000
new text end
new text begin Workforce
Development
new text end
new text begin 2,784,000
new text end
new text begin 2,784,000
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 General Support
new text end

new text begin 6,515,000
new text end
new text begin 6,515,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 476,000
new text end
new text begin 476,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 6,039,000
new text end
new text begin 6,039,000
new text end

new text begin (a) On the day following final enactment, the
commissioner of labor and industry shall
cancel to the general fund $203,000 from the
fiscal year 2021 general fund appropriations
for the general support services program.
new text end

new text begin (b) $476,000 each year is from the general
fund for system upgrades. This appropriation
is available until June 30, 2023. The base
amount in fiscal year 2024 is zero. This
appropriation includes funds for information
technology project services and support
subject to Minnesota Statutes, section
16E.0466. Any ongoing information
technology costs must be incorporated into
the service level agreement and must be paid
to the Office of MN.IT Services by the
commissioner of labor and industry under the
rates and mechanism specified in that
agreement.
new text end

new text begin Subd. 3. new text end

new text begin Labor Standards and Apprenticeship
new text end

new text begin 4,947,000
new text end
new text begin 4,897,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 3,563,000
new text end
new text begin 3,513,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,384,000
new text end
new text begin 1,384,000
new text end

new text begin (a) $2,046,000 each year is for wage theft
prevention.
new text end

new text begin (b) $151,000 each year is from the workforce
development fund for prevailing wage
enforcement.
new text end

new text begin (c) $1,133,000 each year is from the workforce
development fund for the apprenticeship
program under Minnesota Statutes, chapter
178.
new text end

new text begin (d) $100,000 each year is from the workforce
development fund for labor education and
advancement program grants under Minnesota
Statutes, section 178.11, to expand and
promote registered apprenticeship training for
minorities and women.
new text end

new text begin (e) $84,000 the first year and $34,000 the
second year are for outreach and enforcement
efforts related to changes to the parenting
leave and accommodation law.
new text end

new text begin (f) $84,000 the first year and $34,000 the
second year are for outreach and enforcement
efforts related to changes to the Women's
Economic Security Act.
new text end

new text begin Subd. 4. new text end

new text begin Workers' Compensation
new text end

new text begin 11,882,000
new text end
new text begin 11,882,000
new text end

new text begin Subd. 5. new text end

new text begin Workplace Safety
new text end

new text begin 5,070,000
new text end
new text begin 5,070,000
new text end

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

new text begin Subd. 6. new text end

new text begin Workforce Development Initiatives
new text end

new text begin 1,600,000
new text end
new text begin 1,600,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 200,000
new text end
new text begin 200,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,400,000
new text end
new text begin 1,400,000
new text end

new text begin (a) $200,000 each year is for identification of
competency standards under Minnesota
Statutes, section 175.46.
new text end

new text begin (b) $1,100,000 each year is from the
workforce development fund for the youth
skills training grants under Minnesota Statutes,
section 175.46. Of this amount, $100,000 each
year is for administration of the program.
new text end

new text begin (c) $300,000 each year is from the workforce
development fund for the pipeline program.
new text end

Sec. 4. new text beginWORKERS' COMPENSATION COURT
OF APPEALS
new text end

new text begin $
new text end
new text begin 2,283,000
new text end
new text begin $
new text end
new text begin 2,283,000
new text end

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

Sec. 5. new text beginBUREAU OF MEDIATION SERVICES
new text end

new text begin $
new text end
new text begin 2,805,000
new text end
new text begin $
new text end
new text begin 2,850,000
new text end

new text begin (a) On the day following final enactment, the
commissioner of the Bureau of Mediation
Services shall cancel to the general fund
$102,000 from the fiscal year 2021 general
fund appropriations for the mediation services
program.
new text end

new text begin (b) $68,000 each year is for grants to area
labor management committees. Grants may
be awarded for a 12-month period beginning
July 1 each year. Any unencumbered balance
remaining at the end of the first year does not
cancel but is available for the second year.
new text end

new text begin (c) $560,000 each year is for purposes of the
Public Employment Relations Board under
Minnesota Statutes, section 179A.041.
new text end

new text begin (d) $47,000 each year is for rulemaking,
staffing, and other costs associated with peace
officer grievance procedures.
new text end

ARTICLE 2

DEPARTMENT OF LABOR AND INDUSTRY

Section 1.

Minnesota Statutes 2020, section 181.939, is amended to read:


181.939 NURSING MOTHERSnew text begin AND LACTATING EMPLOYEESnew text end.

(a) An employer must provide reasonable deleted text beginunpaiddeleted text end break deleted text begintimedeleted text endnew text begin timesnew text end each day to an
employee who needs to express breast milk deleted text beginfor her infant childdeleted text end. The break deleted text begintime must, if
possible,
deleted text endnew text begin times maynew text end run concurrently with any break deleted text begintimedeleted text endnew text begin timesnew text end already provided to the
employee. deleted text beginAn employer is not required to provide break time under this section if to do so
would unduly disrupt the operations of the employer.
deleted text endnew text begin An employer shall not reduce an
employee's compensation for time used for the purpose of expressing milk.
new text end

(b) The employer must make reasonable efforts to provide a room or other location, in
close proximity to the work area, other than a bathroom or a toilet stall, that is shielded from
view and free from intrusion from coworkers and the public and that includes access to an
electrical outlet, where the employee can express deleted text beginherdeleted text end milk in privacy. The employer would
be held harmless if reasonable effort has been made.

(c) For the purposes of this section, "employer" means a person or entity that employs
one or more employees and includes the state and its political subdivisions.

(d) An employer may not retaliate against an employee for asserting rights or remedies
under this section.

Sec. 2.

Minnesota Statutes 2020, section 181.940, subdivision 2, is amended to read:


Subd. 2.

Employee.

"Employee" means a person who performs services for hire for an
employer from whom a leave is requested under sections 181.940 to 181.944 for:

(1) at least deleted text begin12 monthsdeleted text endnew text begin 90 daysnew text end preceding the request; and

(2) for an average number of hours per week equal to one-half the full-time equivalent
position in the employee's job classification as defined by the employer's personnel policies
or practices or pursuant to the provisions of a collective bargaining agreement, during the
deleted text begin 12-monthdeleted text endnew text begin 90-daynew text end period immediately preceding the leave.

Employee includes all individuals employed at any site owned or operated by the
employer but does not include an independent contractor.

Sec. 3.

Minnesota Statutes 2020, section 181.940, subdivision 3, is amended to read:


Subd. 3.

Employer.

"Employer" means a person or entity that employs deleted text begin21deleted text endnew text begin onenew text end or more
employees deleted text beginat at least one site, except that, for purposes of the school leave allowed under
section 181.9412, employer means a person or entity that employs one or more employees
in Minnesota. The term
deleted text endnew text begin andnew text end includes an individual, corporation, partnership, association,
nonprofit organization, group of persons, state, county, town, city, school district, or other
governmental subdivision.

Sec. 4.

Minnesota Statutes 2020, section 181.9414, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Eligibility. new text end

new text begin Notwithstanding section 181.940, subdivision 2, clause (1) or (2),
an employee is eligible for pregnancy accommodations under this section from the date of
hire.
new text end

Sec. 5.

Minnesota Statutes 2020, 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$70,000deleted text endnew text begin $136,532new text end for each violation. The minimum fine for a willful violation is
deleted text begin $5,000deleted text endnew text begin $9,753new text end.

Sec. 6.

Minnesota Statutes 2020, 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$7,000deleted text endnew text begin $13,653new 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 $25,000new text begin for each violationnew text end.

Sec. 7.

Minnesota Statutes 2020, 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$7,000deleted text endnew text begin $13,653new text end for each violation.

Sec. 8.

Minnesota Statutes 2020, 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$7,000deleted text endnew text begin $13,653new text end for each day during which the failure or violation
continues.

Sec. 9.

Minnesota Statutes 2020, 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$7,000deleted text endnew text begin $13,653new text end for each violation.

Sec. 10.

Minnesota Statutes 2020, 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) Each year, beginning in 2022, the commissioner
shall determine the percentage change in the Minneapolis-St. Paul-Bloomington, MN-WI,
Consumer Price Index for All Urban Consumers (CPI-U) from the month of October in the
preceding calendar year to the month of October in the current calendar year.
new text end

new text begin (b) The commissioner shall increase 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, by the percentage change determined by the
commissioner under paragraph (a), if the percentage change is greater than zero. The fines
shall be increased to the nearest one dollar.
new text end

new text begin (c) If the percentage change determined by the commissioner under paragraph (a) is not
greater than zero, the commissioner shall not change any of the fines in subdivisions 1, 2,
3, 4, and 5.
new text end

new text begin (d) A fine increase under this subdivision takes effect on the next January 1 after the
commissioner determines the percentage change under paragraph (a) and the increase applies
to all fines assessed on or after the next January 1.
new text end

new text begin (e) No later than December 1 of each year, the commissioner shall give notice in the
State Register of any increase to the fines in subdivisions 1, 2, 3, 4, and 5.
new text end

Sec. 11.

Minnesota Statutes 2020, section 326B.092, subdivision 7, is amended to read:


Subd. 7.

License fees and license renewal fees.

(a) The license fee for each license is
the base license fee plus any applicable board fee, continuing education fee, and contractor
recovery fund fee and additional assessment, as set forth in this subdivision.

(b) For purposes of this section, "license duration" means the number of years for which
the license is issued except that if the initial license is not issued for a whole number of
years, the license duration shall be rounded up to the next whole number.

new text begin (c) If there is a continuing education requirement for renewal of the license, then a
continuing education fee must be included in the renewal license fee. The continuing
education fee for all license classifications shall be $5.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end The base license fee shall depend on whether the license is classified as an entry
level, master, journeyworker, or business license, and on the license duration. The base
license fee shall be:

License Classification
License Duration
1 year
2 years
Entry level
$10
$20
Journeyworker
$20
$40
Master
$40
$80
Business
$180

deleted text begin (d) If there is a continuing education requirement for renewal of the license, then a
continuing education fee must be included in the renewal license fee. The continuing
education fee for all license classifications shall be: $10 if the renewal license duration is
one year; and $20 if the renewal license duration is two years.
deleted text end

(e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to 326B.925,
then a board fee must be included in the license fee and the renewal license fee. The board
fee for all license classifications shall be: $4 if the license duration is one year; and $8 if
the license duration is two years.

(f) If the application is for the renewal of a license issued under sections 326B.802 to
326B.885, then the contractor recovery fund fee required under section 326B.89, subdivision
3, and any additional assessment required under section 326B.89, subdivision 16, must be
included in the license renewal fee.

(g) Notwithstanding the fee amounts described in paragraphs deleted text begin(c)deleted text endnew text begin (d)new text end to (f), for the period
deleted text begin July 1, 2017deleted text endnew text begin October 1, 2021new text end, through September 30, deleted text begin2021deleted text endnew text begin 2023new text end, the following fees apply:

License Classification
License Duration
1 year
2 years
Entry level
$10
$20
Journeyworker
$15
$30
Master
$30
$60
Business
$120

deleted text begin If there is a continuing education requirement for renewal of the license, then a continuing
education fee must be included in the renewal license fee. The continuing education fee for
all license classifications shall be $5.
deleted text end

Sec. 12.

Minnesota Statutes 2020, section 326B.106, subdivision 1, is amended to read:


Subdivision 1.

Adoption of code.

(a) Subject to paragraphs (c) and (d) and sections
326B.101 to 326B.194, the commissioner shall by rule and in consultation with the
Construction Codes Advisory Council establish a code of standards for the construction,
reconstruction, alteration, and repair of buildings, governing matters of structural materials,
design and construction, fire protection, health, sanitation, and safety, including design and
construction standards regarding heat loss control, illumination, and climate control. The
code must also include duties and responsibilities for code administration, including
procedures for administrative action, penalties, and suspension and revocation of certification.
The code must conform insofar as practicable to model building codes generally accepted
and in use throughout the United States, including a code for building conservation. In the
preparation of the code, consideration must be given to the existing statewide specialty
codes presently in use in the state. Model codes with necessary modifications and statewide
specialty codes may be adopted by reference. The code must be based on the application
of scientific principles, approved tests, and professional judgment. To the extent possible,
the code must be adopted in terms of desired results instead of the means of achieving those
results, avoiding wherever possible the incorporation of specifications of particular methods
or materials. To that end the code must encourage the use of new methods and new materials.
Except as otherwise provided in sections 326B.101 to 326B.194, the commissioner shall
administer and enforce the provisions of those sections.

(b) The commissioner shall develop rules addressing the plan review fee assessed to
similar buildings without significant modifications including provisions for use of building
systems as specified in the industrial/modular program specified in section 326B.194.
Additional plan review fees associated with similar plans must be based on costs
commensurate with the direct and indirect costs of the service.

(c) Beginning with the 2018 edition of the model building codes and every six years
thereafter, the commissioner shall review the new model building codes and adopt the model
codes as amended for use in Minnesota, within two years of the published edition date. The
commissioner may adopt amendments to the building codes prior to the adoption of the
new building codes to advance construction methods, technology, or materials, or, where
necessary to protect the health, safety, and welfare of the public, or to improve the efficiency
or the use of a building.

(d) Notwithstanding paragraph (c), the commissioner shall act on each new model
residential energy code and the new model commercial energy code in accordance with
federal law for which the United States Department of Energy has issued an affirmative
determination in compliance with United States Code, title 42, section 6833. new text beginBeginning in
2022, the commissioner shall act on the new model commercial energy code by adopting
each new published edition of ASHRAE 90.1 or a more efficient standard, and amending
it as necessary to achieve a minimum of eight percent energy efficiency with each edition,
as measured against energy consumption by an average building in each applicable building
sector in 2003. These amendments must achieve a net zero energy standard for new
commercial buildings by 2036 and thereafter.
new text endThe commissioner may adopt amendments
prior to adoption of the new energy codes, as amended for use in Minnesota, to advance
construction methods, technology, or materials, or, where necessary to protect the health,
safety, and welfare of the public, or to improve the efficiency or use of a building.

Sec. 13.

Minnesota Statutes 2020, section 326B.89, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have
the meanings given them.

(b) "Gross annual receipts" means the total amount derived from residential contracting
or residential remodeling activities, regardless of where the activities are performed, and
must not be reduced by costs of goods sold, expenses, losses, or any other amount.

(c) "Licensee" means a person licensed as a residential contractor or residential remodeler.

(d) "Residential real estate" means a new or existing building constructed for habitation
by one to four families, and includes detached garages intended for storage of vehicles
associated with the residential real estate.

(e) "Fund" means the contractor recovery fund.

(f) "Owner" when used in connection with real property, means a person who has any
legal or equitable interest in real property and includes a condominium or townhome
association that owns common property located in a condominium building or townhome
building or an associated detached garage. Owner does not include any real estate developer
or any owner using, or intending to use, the property for a business purpose and not as
owner-occupied residential real estate.

new text begin (g) "Cycle One" means the time period between July 1 and December 31.
new text end

new text begin (h) "Cycle Two" means the time period between January 1 and June 30.
new text end

Sec. 14.

Minnesota Statutes 2020, section 326B.89, subdivision 5, is amended to read:


Subd. 5.

Payment limitations.

The commissioner shall not pay compensation from the
fund to an owner or a lessee in an amount greater than $75,000 per licensee. The
commissioner shall not pay compensation from the fund to owners and lessees in an amount
that totals more than deleted text begin$300,000deleted text endnew text begin $800,000new text end per licensee. The commissioner shall only pay
compensation from the fund for a final judgment that is based on a contract directly between
the licensee and the homeowner or lessee that was entered into prior to the cause of action
and that requires licensure as a residential building contractor or residential remodeler.

Sec. 15.

Minnesota Statutes 2020, section 326B.89, subdivision 9, is amended to read:


Subd. 9.

Satisfaction of applications for compensation.

The commissioner shall pay
compensation from the fund to an owner or a lessee pursuant to the terms of an agreement
that has been entered into under subdivision 7, clause (1), or pursuant to a final order that
has been issued under subdivision 7, clause (2), or subdivision 8 by December deleted text begin1 of the fiscal
year following the fiscal year during which the agreement was entered into or during which
the order became final, subject to the limitations of this section. At the end of each fiscal
year the commissioner shall calculate the amount of compensation to be paid from the fund
pursuant to agreements that have been entered into under subdivision 7, clause (1), and final
orders that have been issued under subdivision 7, clause (2), or subdivision 8. If the calculated
amount exceeds the amount available for payment, then the commissioner shall allocate the
amount available among the owners and the lessees in the ratio that the amount agreed to
or ordered to be paid to each owner or lessee bears to the amount calculated. The
commissioner shall mail notice of the allocation to all owners and lessees not less than 45
days following the end of the fiscal year.
deleted text endnew text begin 31 for applications submitted by July 1 or June
30 for applications submitted by January 1 of the fiscal year. The commissioner shall not
pay compensation to owners or lessees that totals more than $400,000 per licensee during
Cycle One of a fiscal year nor shall the commissioner pay out during Cycle One if the payout
will result in the exhaustion of a licensee's fund. If compensation paid to owners or lessees
in Cycle One would total more than $400,000 or would result in exhaustion of a licensee's
fund in Cycle One, the commissioner shall not make a final determination of compensation
for claims against the licensee until the completion of Cycle Two. If the claims against a
licensee for the fiscal year result in the exhaustion of a licensee's fund or the fund as a whole,
the commissioner must prorate the amount available among the owners and lessees based
on the amount agreed to or ordered to be paid to each owner or lessee. The commissioner
shall mail notice of the proration to all owners and lessees no later than March 31 of the
current fiscal year.
new text end Any compensation paid by the commissioner in accordance with this
subdivision shall be deemed to satisfy and extinguish any right to compensation from the
fund based upon the verified application of the owner or lessee.

Sec. 16. new text beginHEALTH CARE PROVIDERS EMERGENCY LEAVE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Emergency paid sick leave" means paid leave time provided under this section for
a reason provided in subdivision 2.
new text end

new text begin (c) "Employer" means a person who employs one or more workers, including but not
limited to a corporation, partnership, business trust, limited liability company, association,
group of persons, hospital, county, town, city, school district, charter school, or other political
subdivision.
new text end

new text begin (d) "Health care provider" has the meaning given in Code of Federal Regulations, title
29, section 826.30(c).
new text end

new text begin (e) "Retaliatory personnel action" means any form of intimidation, threat, reprisal,
harassment, discrimination, or adverse employment action, including discipline, discharge,
suspension, transfer, or reassignment to a lesser position in terms of job classification, job
security, or other condition of employment; reduction in pay or hours or denial of additional
hours; the accumulation of points under an attendance point system; informing another
employer that the person has engaged in activities protected by this section; or reporting or
threatening to report the actual or suspected citizenship or immigration status of an employee,
former employee, or family member of an employee to a federal, state, or local agency.
new text end

new text begin Subd. 2. new text end

new text begin Emergency paid sick leave. new text end

new text begin An employer shall provide emergency paid sick
leave to an employee employed as a health care provider who is unable to work or telework
due to any of the following reasons:
new text end

new text begin (1) the employee is subject to a federal, state, or local quarantine or isolation order related
to COVID-19;
new text end

new text begin (2) the employee has been advised by a health care provider or the Department of Health
to self-quarantine due to concerns related to COVID-19;
new text end

new text begin (3) the employee is experiencing symptoms of COVID-19 and seeking a medical
diagnosis; or
new text end

new text begin (4) the employee is caring for an individual who is subject to an order as described in
clause (1) or has been advised as described in clause (2).
new text end

new text begin Subd. 3. new text end

new text begin Amount of hours and use of leave. new text end

new text begin (a) The amount of hours of emergency
paid sick leave to which an employee employed as a health care provider is entitled shall
be as follows:
new text end

new text begin (1) for full-time employees, 80 hours; and
new text end

new text begin (2) for part-time employees, a number of hours equal to the number of hours that the
employee works, on average, over a two-week period.
new text end

new text begin (b) Leave under this section shall be available for use by an employee employed as a
health care provider for a reason listed in subdivision 2 beginning the day following final
enactment and may be used intermittently, provided that any amount of leave taken under
this section shall end with the employee's next scheduled work shift immediately following
the termination of the employee's need for leave under a reason provided in subdivision 2.
new text end

new text begin (c) Leave under this section shall be available for immediate use by the employee
employed as a health care provider for the purposes described in this section, regardless of
how long the employee has been employed by an employer.
new text end

new text begin (d) After the first work day or portion thereof that an employee receives leave under this
section, an employer may require the employee to follow reasonable notice procedures to
continue receiving leave.
new text end

new text begin (e) Leave under this section expires 30 days after a peacetime emergency declared by
the governor in an executive order that relates to the infectious disease known as COVID-19
is terminated or rescinded or June 30, 2021, whichever occurs first.
new text end

new text begin Subd. 4. new text end

new text begin Amount of compensation. new text end

new text begin (a) An employee shall receive compensation for
each hour of emergency paid sick leave received under this section in an amount that shall
be the greater of:
new text end

new text begin (1) the employee's regular rate of pay for the employee's last pay period, including
pursuant to any applicable collective bargaining agreement;
new text end

new text begin (2) the state minimum wage in effect under Minnesota Statutes, section 177.24; or
new text end

new text begin (3) the local minimum wage to which the employee is entitled.
new text end

new text begin (b) Unused or remaining leave under this section shall not carry over past the expiration
of this section.
new text end

new text begin (c) Nothing in this section shall be construed to require financial or other reimbursement
to an employee from an employer upon the employee's termination, resignation, retirement,
or other separation from employment for emergency paid sick leave under this section that
has not been used by the employee.
new text end

new text begin Subd. 5. new text end

new text begin Relationship to other leave. new text end

new text begin (a) Except as provided in paragraph (c), emergency
paid sick leave under this section shall be in addition to any paid or unpaid leave provided
to an employee by an employer under a collective bargaining agreement, negotiated
agreement, contract, or any other employment policy.
new text end

new text begin (b) An employee may use leave provided under this section first, and except as provided
in paragraph (c), an employer shall not require an employee to use other accrued or earned
leave, paid or unpaid, provided by the employer before the employee uses the leave provided
under this section or in lieu of the leave provided under this section.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), if an employer has already provided an
employee with additional paid leave for any reason provided in subdivision 2, and the leave
is in addition to the regular amount of paid leave provided by the employer and would
compensate the employee in an amount equal to or greater than the amount of compensation
provided under this section, the employer may count the hours of other additional paid leave
toward the total number of hours of emergency paid sick leave required under this section.
new text end

new text begin (d) Nothing in this section shall be deemed:
new text end

new text begin (1) to limit the rights of a public employee or employer under any law, rule, regulation,
or collectively negotiated agreement, or the rights and benefits that accrue to employees
through collective bargaining agreements, or the rights of employees with respect to any
other employment benefits; or
new text end

new text begin (2) to prohibit any personnel action that otherwise would have been taken regardless of
a request to use, or make use of, any leave provided by this section.
new text end

new text begin (e) Nothing in this section shall prevent an employer from providing, or the parties to a
collective bargaining agreement from agreeing to, leave benefits that meet or exceed and
do not otherwise conflict with the requirements for emergency paid sick leave under this
section.
new text end

new text begin Subd. 6. new text end

new text begin Prohibited acts. new text end

new text begin It shall be unlawful for any employer to discharge, discipline,
or take any retaliatory personnel action against any employee who:
new text end

new text begin (1) takes or requests leave under this section; or
new text end

new text begin (2) has filed any complaint or instituted or caused to be instituted a proceeding that seeks
enforcement of this section.
new text end

new text begin Subd. 7. new text end

new text begin Requirements and enforcement. new text end

new text begin (a) An employer shall provide notice to
eligible employees of the requirements for emergency paid sick leave provided under this
section.
new text end

new text begin (b) The commissioner of labor and industry has the authority provided under Minnesota
Statutes, section 177.27, subdivision 4, including the authority to issue an order requiring
an employer to comply with this section. The commissioner may investigate complaints of
violations of this section as necessary to determine whether a violation has occurred. If the
employer is found by the commissioner to have violated this section and issues an order to
comply, the commissioner shall order the employer to cease and desist from engaging in
the violative practice and to take such affirmative steps that in the judgment of the
commissioner will effectuate the purposes of this section. If the commissioner finds that an
employer has violated this section, the commissioner may fine the employer up to $1,000
for each willful violation for each employee.
new text end

new text begin (c) In addition to any remedies otherwise provided by law, an employee seeking redress
for a violation of this section may bring a civil action in district court to recover any damages
recoverable at law, together with costs and disbursements, including reasonable attorney
fees. An employer who violates this section may be liable for compensatory damages,
injunctive relief, or other equitable relief as determined by the district court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
sunsets 30 days after a peacetime emergency declared by the governor in an executive order
that relates to the infectious disease known as COVID-19 is terminated or rescinded or June
30, 2021, whichever occurs first.
new text end

ARTICLE 3

FAMILY AND MEDICAL BENEFITS

Section 1.

Minnesota Statutes 2020, section 13.719, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Family and medical insurance data. new text end

new text begin (a) For the purposes of this subdivision,
the terms used have the meanings given them in section 268B.01.
new text end

new text begin (b) Data on applicants, family members, or employers under chapter 268B are private
or nonpublic data, provided that the department may share data collected from applicants
with employers or health care providers to the extent necessary to meet the requirements
of chapter 268B or other applicable law.
new text end

new text begin (c) The department and the Department of Labor and Industry may share data classified
under paragraph (b) to the extent necessary to meet the requirements of chapter 268B or
the Department of Labor and Industry's enforcement authority over chapter 268B, as provided
in section 177.27.
new text end

Sec. 2.

Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:


Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a
, 181.722, 181.79, deleted text beginanddeleted text end 181.939 to 181.943,new text begin 268B.09, subdivisions 1 to 6, and
268B.14, subdivision 3,
new text end or with any rule promulgated under section 177.28. The
commissioner shall issue an order requiring an employer to comply with sections 177.41
to 177.435 if the violation is repeated. For purposes of this subdivision only, a violation is
repeated if at any time during the two years that preceded the date of violation, the
commissioner issued an order to the employer for violation of sections 177.41 to 177.435
and the order is final or the commissioner and the employer have entered into a settlement
agreement that required the employer to pay back wages that were required by sections
177.41 to 177.435. The department shall serve the order upon the employer or the employer's
authorized representative in person or by certified mail at the employer's place of business.
An employer who wishes to contest the order must file written notice of objection to the
order with the commissioner within 15 calendar days after being served with the order. A
contested case proceeding must then be held in accordance with sections 14.57 to 14.69.
If, within 15 calendar days after being served with the order, the employer fails to file a
written notice of objection with the commissioner, the order becomes a final order of the
commissioner.

Sec. 3.

Minnesota Statutes 2020, section 181.032, is amended to read:


181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER; NOTICE
TO EMPLOYEE.

(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 statementsnew text begin, and must make statements available for review or
printing for a period of three years
new text end.

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

(1) the name of the employee;

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

(3) allowances, if any, claimed pursuant to permitted meals and lodging;

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

(5) the total amount of gross pay earned by the employee during that period;

(6) a list of deductions made from the employee's pay;

new text begin (7) any amount deducted by the employer under section 268B.14, subdivision 3, and
the amount paid by the employer based on the employee's wages under section 268B.14,
subdivision 1;
new text end

deleted text begin (7)deleted text endnew text begin (8)new text end the net amount of pay after all deductions are made;

deleted text begin (8)deleted text endnew text begin (9)new text end the date on which the pay period ends;

deleted text begin (9)deleted text endnew text begin (10)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 (10)deleted text endnew text begin (11)new text end the physical address of the employer's main office or principal place of business,
and a mailing address if different; and

deleted text begin (11)deleted text endnew text begin (12)new text end the telephone number of the employer.

(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.

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

(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, and the specific
application of any additional rates;

(2) allowances, if any, claimed pursuant to permitted meals and lodging;

(3) paid vacation, sick time, or other paid time-off accruals and terms of use;

(4) the employee's employment status and whether the employee is exempt from minimum
wage, overtime, and other provisions of chapter 177, and on what basis;

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

(6) the number of days in the pay period, the regularly scheduled pay day, and the pay
day on which the employee will receive the first payment of wages earned;

(7) the legal name of the employer and the operating name of the employer if different
from the legal name;

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

(9) the telephone number of the employer.

(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. The English version of the notice must include text provided by the commissioner
that informs employees that they may request, by indicating on the form, the notice be
provided in a particular language. If requested, the employer shall provide the notice in the
language requested by the employee. The commissioner shall make available to employers
the text to be included in the English version of the notice required by this section and assist
employers with translation of the notice in the languages requested by their employees.

(f) An employer must provide the employee any written changes to the information
contained in the notice under paragraph (d) prior to the date the changes take effect.

Sec. 4.

Minnesota Statutes 2020, section 268.19, subdivision 1, is amended to read:


Subdivision 1.

Use of data.

(a) Except as provided by this section, data gathered from
any person under the administration of the Minnesota Unemployment Insurance Law are
private data on individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except according to a district court order
or section 13.05. A subpoena is not considered a district court order. These data may be
disseminated to and used by the following agencies without the consent of the subject of
the data:

(1) state and federal agencies specifically authorized access to the data by state or federal
law;

(2) any agency of any other state or any federal agency charged with the administration
of an unemployment insurance program;

(3) any agency responsible for the maintenance of a system of public employment offices
for the purpose of assisting individuals in obtaining employment;

(4) the public authority responsible for child support in Minnesota or any other state in
accordance with section 256.978;

(5) human rights agencies within Minnesota that have enforcement powers;

(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;

(7) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;

(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the
Department of Commerce for uses consistent with the administration of their duties under
Minnesota law;

(9) the Department of Human Services and the Office of Inspector General and its agents
within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
provider is suspected of committing public assistance fraud;

(10) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program by providing data on recipients and former recipients of Supplemental Nutrition
Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or
256K, child care assistance under chapter 119B, or medical programs under chapter 256B
or 256L or formerly codified under chapter 256D;

(11) local and state welfare agencies for the purpose of identifying employment, wages,
and other information to assist in the collection of an overpayment debt in an assistance
program;

(12) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of a
criminal investigation;

(13) the United States Immigration and Customs Enforcement has access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;

(14) the Department of Health for the purposes of epidemiologic investigations;

(15) the Department of Corrections for the purposes of case planning and internal research
for preprobation, probation, and postprobation employment tracking of offenders sentenced
to probation and preconfinement and postconfinement employment tracking of committed
offenders;

(16) the state auditor to the extent necessary to conduct audits of job opportunity building
zones as required under section 469.3201; deleted text beginand
deleted text end

(17) the Office of Higher Education for purposes of supporting program improvement,
system evaluation, and research initiatives including the Statewide Longitudinal Education
Data Systemdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (18) the Family and Medical Benefits Division of the Department of Employment and
Economic Development to be used as necessary to administer chapter 268B.
new text end

(b) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268.182 are confidential as to data on individuals
and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3
and 13, and must not be disclosed except under statute or district court order or to a party
named in a criminal proceeding, administrative or judicial, for preparation of a defense.

(c) Data gathered by the department in the administration of the Minnesota unemployment
insurance program must not be made the subject or the basis for any suit in any civil
proceedings, administrative or judicial, unless the action is initiated by the department.

Sec. 5.

new text begin [268B.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter, the terms defined in this section
have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Account. new text end

new text begin "Account" means the family and medical benefit insurance account
in the special revenue fund in the state treasury under section 268B.02.
new text end

new text begin Subd. 3. new text end

new text begin Applicant. new text end

new text begin "Applicant" means an individual applying for leave with benefits
under this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Applicant's average weekly wage. new text end

new text begin "Applicant's average weekly wage" means
an amount equal to the applicant's high quarter wage credits divided by 13.
new text end

new text begin Subd. 5. new text end

new text begin Base period. new text end

new text begin (a) "Base period," unless otherwise provided in this subdivision,
means the most recent four completed calendar quarters before the effective date of an
applicant's application for family or medical leave benefits if the application has an effective
date occurring after the month following the most recent completed calendar quarter. The
base period under this paragraph is as follows:
new text end

new text begin If the application for family or medical leave
benefits is effective on or between these
dates:
new text end
new text begin The base period is the prior:
new text end
new text begin February 1 to March 31
new text end
new text begin January 1 to December 31
new text end
new text begin May 1 to June 30
new text end
new text begin April 1 to March 31
new text end
new text begin August 1 to September 30
new text end
new text begin July 1 to June 30
new text end
new text begin November 1 to December 31
new text end
new text begin October 1 to September 30
new text end

new text begin (b) If an application for family or medical leave benefits has an effective date that is
during the month following the most recent completed calendar quarter, then the base period
is the first four of the most recent five completed calendar quarters before the effective date
of an applicant's application for family or medical leave benefits. The base period under
this paragraph is as follows:
new text end

new text begin If the application for family or medical leave
benefits is effective on or between these
dates:
new text end
new text begin The base period is the prior:
new text end
new text begin January 1 to January 31
new text end
new text begin October 1 to September 30
new text end
new text begin April 1 to April 30
new text end
new text begin January 1 to December 31
new text end
new text begin July 1 to July 31
new text end
new text begin April 1 to March 31
new text end
new text begin October 1 to October 31
new text end
new text begin July 1 to June 30
new text end

new text begin (c) Regardless of paragraph (a), a base period of the first four of the most recent five
completed calendar quarters must be used if the applicant would have more wage credits
under that base period than under a base period of the four most recent completed calendar
quarters.
new text end

new text begin (d) If the applicant has insufficient wage credits to establish a benefit account under a
base period of the four most recent completed calendar quarters, or a base period of the first
four of the most recent five completed calendar quarters, but during either base period the
applicant received workers' compensation for temporary disability under chapter 176 or a
similar federal law or similar law of another state, or if the applicant whose own serious
illness caused a loss of work for which the applicant received compensation for loss of
wages from some other source, the applicant may request a base period as follows:
new text end

new text begin (1) if an applicant was compensated for a loss of work of seven to 13 weeks during a
base period referred to in paragraph (a) or (b), then the base period is the first four of the
most recent six completed calendar quarters before the effective date of the application for
family or medical leave benefits;
new text end

new text begin (2) if an applicant was compensated for a loss of work of 14 to 26 weeks during a base
period referred to in paragraph (a) or (b), then the base period is the first four of the most
recent seven completed calendar quarters before the effective date of the application for
family or medical leave benefits;
new text end

new text begin (3) if an applicant was compensated for a loss of work of 27 to 39 weeks during a base
period referred to in paragraph (a) or (b), then the base period is the first four of the most
recent eight completed calendar quarters before the effective date of the application for
family or medical leave benefits; and
new text end

new text begin (4) if an applicant was compensated for a loss of work of 40 to 52 weeks during a base
period referred to in paragraph (a) or (b), then the base period is the first four of the most
recent nine completed calendar quarters before the effective date of the application for
family or medical leave benefits.
new text end

new text begin Subd. 6. new text end

new text begin Benefit. new text end

new text begin "Benefit" or "benefits" means monetary payments under this chapter
associated with qualifying bonding, family care, pregnancy, serious health condition,
qualifying exigency, or safety leave events, unless otherwise indicated by context.
new text end

new text begin Subd. 7. new text end

new text begin Benefit year. new text end

new text begin "Benefit year" means the period of 52 calendar weeks beginning
the date a benefit account under section 268B.04 is effective. For a benefit account established
effective any January 1, April 1, July 1, or October 1, the benefit year will be a period of
53 calendar weeks.
new text end

new text begin Subd. 8. new text end

new text begin Bonding. new text end

new text begin "Bonding" means time spent by an applicant who is a biological,
adoptive, or foster parent with a biological, adopted, or foster child in conjunction with the
child's birth, adoption, or placement.
new text end

new text begin Subd. 9. new text end

new text begin Calendar day. new text end

new text begin "Calendar day" or "day" means a fixed 24-hour period
corresponding to a single calendar date.
new text end

new text begin Subd. 10. new text end

new text begin Calendar quarter. new text end

new text begin "Calendar quarter" means the period of three consecutive
calendar months ending on March 31, June 30, September 30, or December 31.
new text end

new text begin Subd. 11. new text end

new text begin Calendar week. new text end

new text begin "Calendar week" has the same meaning as "week" under
subdivision 46.
new text end

new text begin Subd. 12. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of employment
and economic development, unless otherwise indicated by context.
new text end

new text begin Subd. 13. new text end

new text begin Covered employment. new text end

new text begin (a) "Covered employment" means performing services
of whatever nature, unlimited by the relationship of master and servant as known to the
common law, or any other legal relationship performed for wages or under any contract
calling for the performance of services, written or oral, express or implied.
new text end

new text begin (b) "Employment" includes an individual's entire service performed within or without
or both within and without this state, if:
new text end

new text begin (1) the service is localized in this state; or
new text end

new text begin (2) the service is not localized in any state, but some of the service is performed in this
state and:
new text end

new text begin (i) the base of operations of the employee is in the state, or if there is no base of
operations, then the place from which such service is directed or controlled is in this state;
or
new text end

new text begin (ii) the base of operations or place from which such service is directed or controlled is
not in any state in which some part of the service is performed, but the individual's residence
is in this state.
new text end

new text begin (c) "Covered employment" does not include:
new text end

new text begin (1) a self-employed individual; or
new text end

new text begin (2) an independent contractor.
new text end

new text begin Subd. 14. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Employment and
Economic Development, unless otherwise indicated by context.
new text end

new text begin Subd. 15. new text end

new text begin Employee. new text end

new text begin (a) "Employee" means an individual who is in the employment of
an employer.
new text end

new text begin (b) Employee does not include employees of the United States of America.
new text end

new text begin Subd. 16. new text end

new text begin Employer. new text end

new text begin (a) "Employer" means:
new text end

new text begin (1) any person, type of organization, or entity, including any partnership, association,
trust, estate, joint stock company, insurance company, limited liability company, or
corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or
the legal representative of a deceased person, having any individual in covered employment;
new text end

new text begin (2) the state, statewide system, and state agencies; and
new text end

new text begin (3) any local government entity, including but not limited to a county, city, town,
municipal corporation, quasimunicipal corporation, or political subdivision.
new text end

new text begin (b) Employer does not include:
new text end

new text begin (1) the United States of America; or
new text end

new text begin (2) a self-employed individual who has elected and been approved for coverage under
section 268B.11 with regard to the self-employed individual's own coverage and benefits.
new text end

new text begin Subd. 17. new text end

new text begin Estimated self-employment income. new text end

new text begin "Estimated self-employment income"
means a self-employed individual's average net earnings from self-employment in the two
most recent taxable years. For a self-employed individual who had net earnings from
self-employment in only one of the years, the individual's estimated self-employment income
equals the individual's net earnings from self-employment in the year in which the individual
had net earnings from self-employment.
new text end

new text begin Subd. 18. new text end

new text begin Family benefit program. new text end

new text begin "Family benefit program" means the program
administered under this chapter for the collection of premiums and payment of benefits
related to family care, bonding, safety leave, and leave related to a qualifying exigency.
new text end

new text begin Subd. 19. new text end

new text begin Family care. new text end

new text begin "Family care" means an applicant caring for a family member
with a serious health condition or caring for a family member who is a covered service
member.
new text end

new text begin Subd. 20. new text end

new text begin Family member. new text end

new text begin (a) "Family member" means an employee's child, adult
child, spouse, sibling, parent, parent-in-law, grandchild, grandparent, stepparent, member
of the employee's household, or domestic partner.
new text end

new text begin (b) For the purposes of this chapter, a child includes a stepchild, biological, adopted, or
foster child of the employee, or a child for whom the employee is standing in loco parentis.
new text end

new text begin (c) For the purposes of this chapter, a grandchild includes a step-grandchild, biological,
adopted, or foster grandchild of the employee.
new text end

new text begin (d) For the purposes of this chapter, an individual is a member of the employee's
household if the individual has resided at the same address as the employee for at least one
year as of the first day of leave under this chapter.
new text end

new text begin Subd. 21. new text end

new text begin Health care provider. new text end

new text begin "Health care provider" means:
new text end

new text begin (1) an individual who is licensed, certified, or otherwise authorized under law to practice
in the individual's scope of practice as a physician, osteopath, surgeon, or advanced practice
registered nurse; or
new text end

new text begin (2) any other individual determined by the commissioner by rule, in accordance with
the rulemaking procedures in the Administrative Procedure Act, to be capable of providing
health care services.
new text end

new text begin Subd. 22. new text end

new text begin High quarter. new text end

new text begin "High quarter" means the calendar quarter in an applicant's
base period with the highest amount of wage credits.
new text end

new text begin Subd. 23. new text end

new text begin Incapacity. new text end

new text begin "Incapacity" means inability to perform regular work, attend
school, or perform other regular daily activities due to a serious health condition, treatment
therefore, or recovery therefrom.
new text end

new text begin Subd. 24. new text end

new text begin Independent contractor. new text end

new text begin (a) If there is an existing specific test or definition
for independent contractor in Minnesota statute or rule applicable to an occupation or sector
as of the date of enactment of this chapter, that test or definition shall apply to that occupation
or sector for purposes of this chapter. If there is not an existing test or definition as described,
the definition for independent contractor shall be as provided in this subdivision.
new text end

new text begin (b) An individual is an independent contractor and not an employee of the person for
whom the individual is performing services in the course of the person's trade, business,
profession, or occupation only if:
new text end

new text begin (1) the individual maintains a separate business with the individual's own office,
equipment, materials, and other facilities;
new text end

new text begin (2) the individual:
new text end

new text begin (i) holds or has applied for a federal employer identification number; or
new text end

new text begin (ii) has filed business or self-employment income tax returns with the federal Internal
Revenue Service if the individual has performed services in the previous year;
new text end

new text begin (3) the individual is operating under contract to perform the specific services for the
person for specific amounts of money and under which the individual controls the means
of performing the services;
new text end

new text begin (4) the individual is incurring the main expenses related to the services that the individual
is performing for the person under the contract;
new text end

new text begin (5) the individual is responsible for the satisfactory completion of the services that the
individual has contracted to perform for the person and is liable for a failure to complete
the services;
new text end

new text begin (6) the individual receives compensation from the person for the services performed
under the contract on a commission or per-job or competitive bid basis and not on any other
basis;
new text end

new text begin (7) the individual may realize a profit or suffer a loss under the contract to perform
services for the person;
new text end

new text begin (8) the individual has continuing or recurring business liabilities or obligations; and
new text end

new text begin (9) the success or failure of the individual's business depends on the relationship of
business receipts to expenditures.
new text end

new text begin (c) For the purposes of this chapter, an insurance producer, as defined in section 60K.31,
subdivision 6, is an independent contractor of an insurance company, as defined in section
60A.02, subdivision 4, unless the insurance producer and insurance company agree otherwise.
new text end

new text begin Subd. 25. new text end

new text begin Inpatient care. new text end

new text begin "Inpatient care" means an overnight stay in a hospital, hospice,
or residential medical care facility, including any period of incapacity, or any subsequent
treatment in connection with such inpatient care.
new text end

new text begin Subd. 26. new text end

new text begin Maximum weekly benefit amount. new text end

new text begin "Maximum weekly benefit amount"
means the state's average weekly wage as calculated under section 268.035, subdivision 23.
new text end

new text begin Subd. 27. new text end

new text begin Medical benefit program. new text end

new text begin "Medical benefit program" means the program
administered under this chapter for the collection of premiums and payment of benefits
related to an applicant's serious health condition or pregnancy.
new text end

new text begin Subd. 28. new text end

new text begin Net earnings from self-employment. new text end

new text begin "Net earnings from self-employment"
has the meaning given in section 1402 of the Internal Revenue Code, as defined in section
290.01, subdivision 31.
new text end

new text begin Subd. 29. new text end

new text begin Pregnancy. new text end

new text begin "Pregnancy" means prenatal care or incapacity due to pregnancy
or recovery from childbirth, still birth, miscarriage, or related health conditions.
new text end

new text begin Subd. 30. new text end

new text begin Qualifying exigency. new text end

new text begin (a) "Qualifying exigency" means a need arising out of
a military member's active duty service or notice of an impending call or order to active
duty in the United States armed forces, including providing for the care or other needs of
the family member's child or other dependent, making financial or legal arrangements for
the family member, attending counseling, attending military events or ceremonies, spending
time with the family member during a rest and recuperation leave or following return from
deployment, or making arrangements following the death of the military member.
new text end

new text begin (b) For the purposes of this chapter, a "military member" means a current or former
member of the United States armed forces, including a member of the National Guard or
reserves, who, except for a deceased military member, is a resident of the state and is a
family member of the employee taking leave related to the qualifying exigency.
new text end

new text begin Subd. 31. new text end

new text begin Safety leave. new text end

new text begin "Safety leave" means leave from work because of domestic
abuse, sexual assault, or stalking of the employee or employee's family member, provided
the leave is to:
new text end

new text begin (1) seek medical attention related to the physical or psychological injury or disability
caused by domestic abuse, sexual assault, or stalking;
new text end

new text begin (2) obtain services from a victim services organization;
new text end

new text begin (3) obtain psychological or other counseling;
new text end

new text begin (4) seek relocation due to the domestic abuse, sexual assault, or stalking; or
new text end

new text begin (5) seek legal advice or take legal action, including preparing for or participating in any
civil or criminal legal proceeding related to, or resulting from, the domestic abuse, sexual
assault, or stalking.
new text end

new text begin Subd. 32. new text end

new text begin Self-employed individual. new text end

new text begin "Self-employed individual" means a resident of
the state who, in one of the two taxable years preceding the current calendar year, derived
at least $10,000 in net earnings from self-employment from an entity other than an S
corporation for the performance of services in this state.
new text end

new text begin Subd. 33. new text end

new text begin Self-employment premium base. new text end

new text begin "Self-employment premium base" means
the lesser of:
new text end

new text begin (1) a self-employed individual's estimated self-employment income for the calendar year
plus the individual's self-employment wages in the calendar year; or
new text end

new text begin (2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability
Insurance tax in the taxable year.
new text end

new text begin Subd. 34. new text end

new text begin Self-employment wages. new text end

new text begin "Self-employment wages" means the amount of
wages that a self-employed individual earned in the calendar year from an entity from which
the individual also received net earnings from self-employment.
new text end

new text begin Subd. 35. new text end

new text begin Serious health condition. new text end

new text begin (a) "Serious health condition" means a physical or
mental illness, injury, impairment, condition, or substance use disorder that involves:
new text end

new text begin (1) at-home care or inpatient care in a hospital, hospice, or residential medical care
facility, including any period of incapacity; or
new text end

new text begin (2) continuing treatment or supervision by a health care provider which includes any
one or more of the following:
new text end

new text begin (i) a period of incapacity of more than three consecutive, full calendar days, and any
subsequent treatment or period of incapacity relating to the same condition, that also involves:
new text end

new text begin (A) treatment two or more times by a health care provider or by a provider of health
care services under orders of, or on referral by, a health care provider; or
new text end

new text begin (B) treatment by a health care provider on at least one occasion that results in a regimen
of continuing treatment under the supervision of the health care provider;
new text end

new text begin (ii) a period of incapacity due to pregnancy, or for prenatal care;
new text end

new text begin (iii) a period of incapacity or treatment for a chronic health condition that:
new text end

new text begin (A) requires periodic visits, defined as at least twice a year, for treatment by a health
care provider or under orders of, or on referral by, a health care provider;
new text end

new text begin (B) continues over an extended period of time, including recurring episodes of a single
underlying condition; and
new text end

new text begin (C) may cause episodic rather than continuing periods of incapacity;
new text end

new text begin (iv) a period of incapacity which is permanent or long term due to a condition for which
treatment may not be effective. The employee or family member must be under the continuing
supervision of, but need not be receiving active treatment by, a health care provider; or
new text end

new text begin (v) a period of absence to receive multiple treatments, including any period of recovery
from the treatments, by a health care provider or by a provider of health care services under
orders of, or on referral by, a health care provider, for:
new text end

new text begin (A) restorative surgery after an accident or other injury; or
new text end

new text begin (B) a condition that would likely result in a period of incapacity of more than three
consecutive, full calendar days in the absence of medical intervention or treatment.
new text end

new text begin (b) For the purposes of paragraph (a), clauses (1) and (2), treatment by a health care
provider means an in-person visit or telemedicine visit with a health care provider, or by a
provider of health care services under orders of, or on referral by, a health care provider.
new text end

new text begin (c) For the purposes of paragraph (a), treatment includes but is not limited to examinations
to determine if a serious health condition exists and evaluations of the condition.
new text end

new text begin (d) Absences attributable to incapacity under paragraph (a), clause (2), item (ii) or (iii),
qualify for leave under this chapter even if the employee or the family member does not
receive treatment from a health care provider during the absence, and even if the absence
does not last more than three consecutive, full calendar days.
new text end

new text begin Subd. 36. new text end

new text begin State's average weekly wage. new text end

new text begin "State's average weekly wage" means the
weekly wage calculated under section 268.035, subdivision 23.
new text end

new text begin Subd. 37. new text end

new text begin Supplemental benefit payment. new text end

new text begin (a) "Supplemental benefit payment" means:
new text end

new text begin (1) a payment made by an employer to an employee as salary continuation or as paid
time off. Such a payment must be in addition to any family or medical leave benefits the
employee is receiving under this chapter; and
new text end

new text begin (2) a payment offered by an employer to an employee who is taking leave under this
chapter to supplement the family or medical leave benefits the employee is receiving.
new text end

new text begin (b) Employers may, but are not required to, designate certain benefits including but not
limited to salary continuation, vacation leave, sick leave, or other paid time off as a
supplemental benefit payment.
new text end

new text begin (c) Nothing in this chapter requires an employee to receive supplemental benefit
payments.
new text end

new text begin Subd. 38. new text end

new text begin Taxable year. new text end

new text begin "Taxable year" has the meaning given in section 290.01,
subdivision 9.
new text end

new text begin Subd. 39. new text end

new text begin Taxable wages. new text end

new text begin "Taxable wages" means those wages paid to an employee in
covered employment each calendar year up to an amount equal to the maximum wages
subject to premium in a calendar year, which is equal to the maximum earnings in that year
subject to the FICA Old-Age, Survivors, and Disability Insurance tax rounded to the nearest
$1,000.
new text end

new text begin Subd. 40. new text end

new text begin Typical workweek hours. new text end

new text begin "Typical workweek hours" means:
new text end

new text begin (1) for an hourly employee, the average number of hours worked per week by an
employee within the high quarter during the base year; or
new text end

new text begin (2) 40 hours for a salaried employee, regardless of the number of hours the salaried
employee typically works.
new text end

new text begin Subd. 41. new text end

new text begin Wage credits. new text end

new text begin "Wage credits" means the amount of wages paid within an
applicant's base period for covered employment, as defined in subdivision 13.
new text end

new text begin Subd. 42. new text end

new text begin Wage detail report. new text end

new text begin "Wage detail report" means the report on each employee
in covered employment required from an employer on a calendar quarter basis under section
268B.12.
new text end

new text begin Subd. 43. new text end

new text begin Wages. new text end

new text begin (a) "Wages" means all compensation for employment, including
commissions; bonuses, awards, and prizes; severance payments; standby pay; vacation and
holiday pay; back pay as of the date of payment; tips and gratuities paid to an employee by
a customer of an employer and accounted for by the employee to the employer; sickness
and accident disability payments, except as otherwise provided in this subdivision; and the
cash value of housing, utilities, meals, exchanges of services, and any other goods and
services provided to compensate an employee, except:
new text end

new text begin (1) the amount of any payment made to, or on behalf of, an employee under a plan
established by an employer that makes provision for employees generally or for a class or
classes of employees, including any amount paid by an employer for insurance or annuities,
or into a plan, to provide for a payment, on account of (i) retirement, (ii) medical and
hospitalization expenses in connection with sickness or accident disability, or (iii) death;
new text end

new text begin (2) the payment by an employer of the tax imposed upon an employee under United
States Code, title 26, section 3101 of the Federal Insurance Contribution Act, with respect
to compensation paid to an employee for domestic employment in a private household of
the employer or for agricultural employment;
new text end

new text begin (3) any payment made to, or on behalf of, an employee or beneficiary (i) from or to a
trust described in United States Code, title 26, section 401(a) of the federal Internal Revenue
Code, that is exempt from tax under section 501(a) at the time of the payment unless the
payment is made to an employee of the trust as compensation for services as an employee
and not as a beneficiary of the trust, or (ii) under or to an annuity plan that, at the time of
the payment, is a plan described in section 403(a);
new text end

new text begin (4) the value of any special discount or markdown allowed to an employee on goods
purchased from or services supplied by the employer where the purchases are optional and
do not constitute regular or systematic payment for services;
new text end

new text begin (5) customary and reasonable directors' fees paid to individuals who are not otherwise
employed by the corporation of which they are directors;
new text end

new text begin (6) the payment to employees for reimbursement of meal expenses when employees are
required to perform work after their regular hours;
new text end

new text begin (7) the payment into a trust or plan for purposes of providing legal or dental services if
provided for all employees generally or for a class or classes of employees;
new text end

new text begin (8) the value of parking facilities provided or paid for by an employer, in whole or in
part, if provided for all employees generally or for a class or classes of employees;
new text end

new text begin (9) royalties to an owner of a franchise, license, copyright, patent, oil, mineral, or other
right;
new text end

new text begin (10) advances or reimbursements for traveling or other ordinary and necessary expenses
incurred or reasonably expected to be incurred in the business of the employer. Traveling
and other reimbursed expenses must be identified either by making separate payments or
by specifically indicating the separate amounts where both wages and expense allowances
are combined in a single payment;
new text end

new text begin (11) residual payments to radio, television, and similar artists that accrue after the
production of television commercials, musical jingles, spot announcements, radio
transcriptions, film soundtracks, and similar activities;
new text end

new text begin (12) the income to a former employee resulting from the exercise of a nonqualified stock
option;
new text end

new text begin (13) supplemental unemployment benefit payments under a plan established by an
employer, if the payment is not wages under the Federal Unemployment Tax Act. The
payments are wages unless made solely for the supplementing of weekly state or federal
unemployment benefits. Supplemental unemployment benefit payments may not be assigned,
nor may any consideration be required from the applicant, other than a release of claims in
order to be excluded from wages;
new text end

new text begin (14) sickness or accident disability payments made by the employer after the expiration
of six calendar months following the last calendar month that the individual worked for the
employer;
new text end

new text begin (15) disability payments made under the provisions of any workers' compensation law;
new text end

new text begin (16) sickness or accident disability payments made by a third-party payer such as an
insurance company; or
new text end

new text begin (17) payments made into a trust fund, or for the purchase of insurance or an annuity, to
provide for sickness or accident disability payments to employees under a plan or system
established by the employer that provides for the employer's employees generally or for a
class or classes of employees.
new text end

new text begin (b) Nothing in this subdivision excludes from the term "wages" any payment made under
any type of salary reduction agreement, including payments made under a cash or deferred
arrangement and cafeteria plan, as defined in United States Code, title 26, sections 401(k)
and 125 of the federal Internal Revenue Code, to the extent that the employee has the option
to receive the payment in cash.
new text end

new text begin (c) Wages includes the total payment to the operator and supplier of a vehicle or other
equipment where the payment combines compensation for personal services as well as
compensation for the cost of operating and hiring the equipment in a single payment. This
paragraph does not apply if:
new text end

new text begin (1) there is a preexisting written agreement providing for allocation of specific amounts;
or
new text end

new text begin (2) at the time of each payment there is a written acknowledgment indicating the separate
allocated amounts.
new text end

new text begin (d) Wages includes payments made for services as a caretaker. Unless there is a contract
or other proof to the contrary, compensation is considered as being equally received by a
married couple where the employer makes payment to only one spouse, or by all tenants of
a household who perform services where two or more individuals share the same dwelling
and the employer makes payment to only one individual.
new text end

new text begin (e) Wages includes payments made for services by a migrant family. Where services
are performed by a married couple or a family and an employer makes payment to only one
individual, each worker is considered as having received an equal share of the compensation
unless there is a contract or other proof to the contrary.
new text end

new text begin (f) Wages includes advances or draws against future earnings, when paid, unless the
payments are designated as a loan or return of capital on the books and records of the
employer at the time of payment.
new text end

new text begin (g) Wages includes payments made by a subchapter "S" corporation, as organized under
the Internal Revenue Code, to or on behalf of officers and shareholders that are reasonable
compensation for services performed for the corporation.
new text end

new text begin For a subchapter "S" corporation, wages does not include:
new text end

new text begin (1) a loan for business purposes to an officer or shareholder evidenced by a promissory
note signed by an officer before the payment of the loan proceeds and recorded on the books
and records of the corporation as a loan to an officer or shareholder;
new text end

new text begin (2) a repayment of a loan or payment of interest on a loan made by an officer to the
corporation and recorded on the books and records of the corporation as a liability;
new text end

new text begin (3) a reimbursement of reasonable corporation expenses incurred by an officer and
documented by a written expense voucher and recorded on the books and records of the
corporation as corporate expenses; and
new text end

new text begin (4) a reasonable lease or rental payment to an officer who owns property that is leased
or rented to the corporation.
new text end

new text begin Subd. 44. new text end

new text begin Wages paid. new text end

new text begin (a) "Wages paid" means the amount of wages:
new text end

new text begin (1) that have been actually paid; or
new text end

new text begin (2) that have been credited to or set apart so that payment and disposition is under the
control of the employee.
new text end

new text begin (b) Wage payments delayed beyond the regularly scheduled pay date are wages paid on
the missed pay date. Back pay is wages paid on the date of actual payment. Any wages
earned but not paid with no scheduled date of payment are wages paid on the last day of
employment.
new text end

new text begin (c) Wages paid does not include wages earned but not paid except as provided for in
this subdivision.
new text end

new text begin Subd. 45. new text end

new text begin Week. new text end

new text begin "Week" means calendar week ending at midnight Saturday.
new text end

new text begin Subd. 46. new text end

new text begin Weekly benefit amount. new text end

new text begin "Weekly benefit amount" means the amount of
family and medical leave benefits computed under section 268B.04.
new text end

Sec. 6.

new text begin [268B.02] FAMILY AND MEDICAL BENEFIT INSURANCE PROGRAM
CREATION.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin A family and medical benefit insurance program is created to
be administered by the commissioner according to the terms of this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Creation of division. new text end

new text begin A Family and Medical Benefit Insurance Division is
created within the department under the authority of the commissioner. The commissioner
shall appoint a director of the division. The division shall administer and operate the benefit
program under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Rulemaking. new text end

new text begin The commissioner may adopt rules to implement the provisions
of this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Account creation; appropriation. new text end

new text begin The family and medical benefit insurance
account is created in the special revenue fund in the state treasury. Money in this account
is appropriated to the commissioner to pay benefits under and to administer this chapter,
including outreach required under section 268B.18.
new text end

new text begin Subd. 5. new text end

new text begin Information technology services and equipment. new text end

new text begin The department is exempt
from the provisions of section 16E.016 for the purposes of this chapter.
new text end

Sec. 7.

new text begin [268B.03] PAYMENT OF BENEFITS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin The commissioner must pay benefits from the family
and medical benefit insurance account as provided under this chapter to an applicant who
has met each of the following requirements:
new text end

new text begin (1) the applicant has filed an application for benefits and established a benefit account
in accordance with section 268B.04;
new text end

new text begin (2) the applicant has met all of the ongoing eligibility requirements under section
268B.06;
new text end

new text begin (3) the applicant does not have an outstanding overpayment of family or medical leave
benefits, including any penalties or interest;
new text end

new text begin (4) the applicant has not been held ineligible for benefits under section 268.07, subdivision
2; and
new text end

new text begin (5) the applicant is not employed exclusively by a private plan employer and has wage
credits during the base year attributable to employers covered under the state family and
medical leave program.
new text end

new text begin Subd. 2. new text end

new text begin Benefits paid from state funds. new text end

new text begin Benefits are paid from state funds and are not
considered paid from any special insurance plan, nor as paid by an employer. An application
for family or medical leave benefits is not considered a claim against an employer but is
considered a request for benefits from the family and medical benefit insurance account.
The commissioner has the responsibility for the proper payment of benefits regardless of
the level of interest or participation by an applicant or an employer in any determination or
appeal. An applicant's entitlement to benefits must be determined based upon that information
available without regard to a burden of proof. Any agreement between an applicant and an
employer is not binding on the commissioner in determining an applicant's entitlement.
There is no presumption of entitlement or nonentitlement to benefits.
new text end

Sec. 8.

new text begin [268B.04] BENEFIT ACCOUNT; BENEFITS.
new text end

new text begin Subdivision 1. new text end

new text begin Application for benefits; determination of benefit account. new text end

new text begin (a) An
application for benefits may be filed in person, by mail, or by electronic transmission as the
commissioner may require. The applicant must meet eligibility requirements at the time the
application is filed and must provide all requested information in the manner required. If
the applicant does not meet eligibility at the time of the application or fails to provide all
requested information, the communication is not an application for family and medical leave
benefits.
new text end

new text begin (b) The commissioner must examine each application for benefits to determine the base
period and the benefit year, and based upon all the covered employment in the base period
the commissioner must determine the weekly benefit amount available, if any, and the
maximum amount of benefits available, if any. The determination, which is a document
separate and distinct from a document titled a determination of eligibility or determination
of ineligibility, must be titled determination of benefit account. A determination of benefit
account must be sent to the applicant and all base period employers, by mail or electronic
transmission.
new text end

new text begin (c) If a base period employer did not provide wage detail information for the applicant
as required under section ......., the commissioner may accept an applicant certification of
wage credits, based upon the applicant's records, and issue a determination of benefit account.
new text end

new text begin (d) The commissioner may, at any time within 24 months from the establishment of a
benefit account, reconsider any determination of benefit account and make an amended
determination if the commissioner finds that the wage credits listed in the determination
were incorrect for any reason. An amended determination of benefit account must be
promptly sent to the applicant and all base period employers, by mail or electronic
transmission. This paragraph does not apply to documents titled determinations of eligibility
or determinations of ineligibility issued.
new text end

new text begin (e) If an amended determination of benefit account reduces the weekly benefit amount
or maximum amount of benefits available, any benefits that have been paid greater than the
applicant was entitled is an overpayment of benefits. A determination or amended
determination issued under this section that results in an overpayment of benefits must set
out the amount of the overpayment and the requirement under section ......., that the overpaid
benefits must be repaid.
new text end

new text begin Subd. 2. new text end

new text begin Benefit account requirements. new text end

new text begin (a) Unless paragraph (b) applies, to establish
a benefit account, an applicant must have wage credits of at least 5.3 percent of the state's
average annual wage rounded down to the next lower $100.
new text end

new text begin (b) To establish a new benefit account following the expiration of the benefit year on a
prior benefit account, an applicant must have performed actual work in subsequent covered
employment and have been paid wages in one or more completed calendar quarters that
started after the effective date of the prior benefit account. The wages paid for that
employment must be at least enough to meet the requirements of paragraph (a). A benefit
account under this paragraph must not be established effective earlier than the Sunday
following the end of the most recent completed calendar quarter in which the requirements
of paragraph (a) were met. An applicant must not establish a second benefit account as a
result of one loss of employment.
new text end

new text begin Subd. 3. new text end

new text begin Weekly benefit amount; maximum amount of benefits available; prorated
amount.
new text end

new text begin (a) Subject to the maximum weekly benefit amount, an applicant's weekly benefit
is calculated by adding the amounts obtained by applying the following percentage to an
applicant's average typical workweek and weekly wage during the high quarter of the base
period:
new text end

new text begin (1) 90 percent of wages that do not exceed 50 percent of the state's average weekly wage;
plus
new text end

new text begin (2) 66 percent of wages that exceed 50 percent of the state's average weekly wage but
not 100 percent; plus
new text end

new text begin (3) 55 percent of wages that exceed 100 percent of the state's average weekly wage.
new text end

new text begin (b) The state's average weekly wage is the average wage as calculated under section
268.035, subdivision 23, at the time a benefit amount is first determined.
new text end

new text begin (c) The maximum weekly benefit amount is the state's average weekly wage as calculated
under section 268.035, subdivision 23.
new text end

new text begin (d) The state's maximum weekly benefit amount, computed in accordance with section
268.035, subdivision 23, applies to a benefit account established effective on or after the
last Sunday in October. Once established, an applicant's weekly benefit amount is not
affected by the last Sunday in October change in the state's maximum weekly benefit amount.
new text end

new text begin (e) For an employee receiving family or medical leave, a weekly benefit amount is
prorated when:
new text end

new text begin (1) the employee works hours for wages; or
new text end

new text begin (2) the employee uses paid sick leave, paid vacation leave, or other paid time off that is
not considered a supplemental benefit payment as defined in section 268B.01, subdivision
37.
new text end

new text begin Subd. 4. new text end

new text begin Timing of payment. new text end

new text begin Except as otherwise provided for in this chapter, benefits
must be paid weekly.
new text end

new text begin Subd. 5. new text end

new text begin Maximum length of benefits. new text end

new text begin (a) Except as provided in paragraph (b), in a
single benefit year, an applicant may receive up to 12 weeks of benefits under this chapter
related to the applicant's serious health condition or pregnancy and up to 12 weeks of benefits
under this chapter for bonding, safety leave, or family care.
new text end

new text begin (b) An applicant may receive up to 12 weeks of benefits in a single benefit year for leave
related to one or more qualifying exigencies.
new text end

new text begin Subd. 6. new text end

new text begin Minimum period for which benefits payable. new text end

new text begin Except for a claim for benefits
for bonding leave, any claim for benefits must be based on a single qualifying event of at
least seven calendar days. Benefits may be paid for a minimum duration of eight consecutive
hours in a week. If an employee on leave claims eight hours at any point during a week, the
minimum duration is satisfied.
new text end

new text begin Subd. 7. new text end

new text begin Right of appeal. new text end

new text begin (a) A determination or amended determination of benefit
account is final unless an applicant files an appeal within 20 calendar days after the sending
of the determination or amended determination. Every determination or amended
determination of benefit account must contain a prominent statement indicating in clear
language the consequences of not appealing. Proceedings on the appeal are conducted in
accordance with section 268B.08.
new text end

new text begin (b) Any applicant may appeal from a determination or amended determination of benefit
account on the issue of whether services performed constitute employment, whether the
employment is covered employment, and whether money paid constitutes wages.
new text end

new text begin Subd. 8. new text end

new text begin Limitations on applications and benefit accounts. new text end

new text begin (a) An application for
family or medical leave benefits is effective the Sunday of the calendar week that the
application was filed. An application for benefits may be backdated one calendar week
before the Sunday of the week the application was actually filed if the applicant requests
the backdating within seven calendar days of the date the application is filed. An application
may be backdated only if the applicant was eligible for the benefit during the period of the
backdating. If an individual attempted to file an application for benefits, but was prevented
from filing an application by the department, the application is effective the Sunday of the
calendar week the individual first attempted to file an application.
new text end

new text begin (b) A benefit account established under subdivision 2 is effective the date the application
for benefits was effective.
new text end

new text begin (c) A benefit account, once established, may later be withdrawn if:
new text end

new text begin (1) the applicant has not been paid any benefits on that benefit account; and
new text end

new text begin (2) a new application for benefits is filed and a new benefit account is established at the
time of the withdrawal.
new text end

new text begin A benefit account may be withdrawn after the expiration of the benefit year, and the
new work requirements of subdivision 2, paragraph (b), do not apply if the applicant was
not paid any benefits on the benefit account that is being withdrawn.
new text end

new text begin A determination or amended determination of eligibility or ineligibility issued under
section 268B.07 that was sent before the withdrawal of the benefit account, remains in effect
and is not voided by the withdrawal of the benefit account.
new text end

Sec. 9.

new text begin [268B.05] CONTINUED REQUEST FOR BENEFITS.
new text end

new text begin A continued request for family or medical leave benefits is a certification by an applicant,
done on a weekly basis, that the applicant is unable to perform usual work due to a qualifying
event and meets the ongoing eligibility requirements for benefits under section 268B.06. A
continued request must include information on possible issues of ineligibility.
new text end

Sec. 10.

new text begin [268B.06] ELIGIBILITY REQUIREMENTS; PAYMENTS THAT AFFECT
BENEFITS.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility conditions. new text end

new text begin (a) An applicant may be eligible to receive family
or medical leave benefits for any week if:
new text end

new text begin (1) the applicant has filed a continued request for benefits for that week under section
.......;
new text end

new text begin (2) the week for which benefits are requested is in the applicant's benefit year;
new text end

new text begin (3) the applicant was unable to perform regular work due to a serious health condition,
a qualifying exigency, safety leave, family care, bonding, pregnancy, or recovery from
pregnancy for the period required under subdivision 2; and
new text end

new text begin (4) the applicant has sufficient wage credits from an employer or employers as defined
in section 268B.01, subdivision 41, to establish a benefit account under section 268B.04.
new text end

new text begin (b) A self-employed individual or independent contractor who has elected and been
approved for coverage under section 268B.11 need not fulfill the requirement of paragraph
(a), clause (4).
new text end

new text begin Subd. 2. new text end

new text begin Seven-day qualifying event. new text end

new text begin (a) The period for which an applicant is seeking
benefits must be or have been based on a single event of at least seven calendar days' duration
related to pregnancy, recovery from pregnancy, family care, a qualifying exigency, safety
leave, or the applicant's serious health condition. The days need not be consecutive.
new text end

new text begin (b) Benefits related to bonding need not meet the seven-day qualifying event requirement.
new text end

new text begin (c) The commissioner must use the rulemaking authority under section 268B.02,
subdivision 3, to adopt rules regarding what serious health conditions and other events are
prospectively presumed to constitute seven-day qualifying events under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Not eligible. new text end

new text begin An applicant is ineligible for family or medical leave benefits for
any portion of a typical workweek:
new text end

new text begin (1) that occurs before the effective date of a benefit account;
new text end

new text begin (2) that the applicant has an outstanding misrepresentation overpayment balance under
section 268B.185, subdivision 5, including any penalties and interest;
new text end

new text begin (3) that the applicant fails or refuses to provide information on an issue of ineligibility
required under section 268B.07, subdivision 2; or
new text end

new text begin (4) for which the applicant worked for pay.
new text end

new text begin Subd. 4. new text end

new text begin Vacation, sick leave, and supplemental benefit payments. new text end

new text begin (a) An applicant
is not eligible to receive benefits for any portion of a typical workweek the applicant is
receiving, has received, or will receive vacation pay, sick pay, or personal time off pay, also
known as "PTO."
new text end

new text begin (b) Paragraph (a) does not apply:
new text end

new text begin (1) upon a permanent separation from employment;
new text end

new text begin (2) to payments from a vacation fund administered by a union or a third party not under
the control of the employer; or
new text end

new text begin (3) to supplemental benefit payments, as defined in section 268B.01, subdivision 37.
new text end

new text begin (c) Payments under this subdivision are applied to the period immediately following the
later of the date of separation from employment or the date the applicant first becomes
aware that the employer will be making a payment. The date the payment is actually made
or received, or that an applicant must agree to a release of claims, does not affect the
application of this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Workers' compensation and disability insurance offset. new text end

new text begin (a) An applicant is
not eligible to receive benefits for any portion of a week in which the applicant is receiving
or has received compensation for loss of wages equal to or in excess of the applicant's
weekly family or medical leave benefit amount under:
new text end

new text begin (1) the workers' compensation law of this state;
new text end

new text begin (2) the workers' compensation law of any other state or similar federal law; or
new text end

new text begin (3) any insurance or trust fund paid in whole or in part by an employer.
new text end

new text begin (b) This subdivision does not apply to an applicant who has a claim pending for loss of
wages under paragraph (a). If the applicant later receives compensation as a result of the
pending claim, the applicant is subject to paragraph (a) and the family or medical leave
benefits paid are overpaid benefits under section 268B.185.
new text end

new text begin (c) If the amount of compensation described under paragraph (a) for any week is less
than the applicant's weekly family or medical leave benefit amount, benefits requested for
that week are reduced by the amount of that compensation payment.
new text end

new text begin Subd. 6. new text end

new text begin Separation, severance, or bonus payments. new text end

new text begin (a) An applicant is not eligible
to receive benefits for any week the applicant is receiving, has received, or will receive
separation pay, severance pay, bonus pay, or any other payments paid by an employer
because of, upon, or after separation from employment. This subdivision applies if the
payment is:
new text end

new text begin (1) considered wages under section 268B.01, subdivision 43; or
new text end

new text begin (2) subject to the Federal Insurance Contributions Act (FICA) tax imposed to fund Social
Security and Medicare.
new text end

new text begin (b) Payments under this subdivision are applied to the period immediately following the
later of the date of separation from employment or the date the applicant first becomes
aware that the employer will be making a payment. The date the payment is actually made
or received, or that an applicant must agree to a release of claims, does not affect the
application of this paragraph.
new text end

new text begin (c) This subdivision does not apply to vacation pay, sick pay, personal time off pay, or
supplemental benefit payment under subdivision 4.
new text end

new text begin (d) This subdivision applies to all the weeks of payment.
new text end

new text begin (e) Under this subdivision, if the payment with respect to a week is equal to or more
than the applicant's weekly benefit amount, the applicant is ineligible for benefits for that
week. If the payment with respect to a week is less than the applicant's weekly benefit
amount, benefits are reduced by the amount of the payment.
new text end

new text begin Subd. 7. new text end

new text begin Social Security disability benefits. new text end

new text begin (a) An applicant who is receiving, has
received, or has filed for primary Social Security disability benefits for any week is ineligible
for benefits for that week, unless:
new text end

new text begin (1) the Social Security Administration approved the collecting of primary Social Security
disability benefits each month the applicant was employed during the base period; or
new text end

new text begin (2) the applicant provides a statement from an appropriate health care professional who
is aware of the applicant's Social Security disability claim and the basis for that claim,
certifying that the applicant is available for suitable employment.
new text end

new text begin (b) If an applicant meets the requirements of paragraph (a), clause (1), there is no
deduction from the applicant's weekly benefit amount for any Social Security disability
benefits.
new text end

new text begin (c) If an applicant meets the requirements of paragraph (a), clause (2), there must be
deducted from the applicant's weekly benefit amount 50 percent of the weekly equivalent
of the primary Social Security disability benefits the applicant is receiving, has received,
or has filed for, with respect to that week.
new text end

new text begin If the Social Security Administration determines that the applicant is not entitled to receive
primary Social Security disability benefits for any week the applicant has applied for those
benefits, this paragraph does not apply to that week.
new text end

new text begin (d) Information from the Social Security Administration is conclusive, absent specific
evidence showing that the information was erroneous.
new text end

Sec. 11.

new text begin [268B.07] DETERMINATION ON ISSUES OF ELIGIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Employer notification. new text end

new text begin (a) Upon a determination that an applicant is
entitled to benefits, the commissioner must promptly send a notification to each current
employer of the applicant, if any, in accordance with paragraph (b).
new text end

new text begin (b) The notification under paragraph (a) must include, at a minimum:
new text end

new text begin (1) the name of the applicant;
new text end

new text begin (2) that the applicant has applied for and received benefits;
new text end

new text begin (3) the week the benefits commence;
new text end

new text begin (4) the weekly benefit amount payable; and
new text end

new text begin (5) the maximum duration of benefits.
new text end

new text begin Subd. 2. new text end

new text begin Determination. new text end

new text begin (a) The commissioner must determine any issue of ineligibility
raised by information required from an applicant and send to the applicant and any current
base period employer, by mail or electronic transmission, a document titled a determination
of eligibility or a determination of ineligibility, as is appropriate, within two weeks.
new text end

new text begin (b) If an applicant obtained benefits through misrepresentation, the department is
authorized to issue a determination of ineligibility within 48 months of the establishment
of the benefit account.
new text end

new text begin (c) If the department has filed an intervention in a worker's compensation matter under
section 176.361, the department is authorized to issue a determination of ineligibility within
48 months of the establishment of the benefit account.
new text end

new text begin (d) A determination of eligibility or determination of ineligibility is final unless an appeal
is filed by the applicant within 20 calendar days after sending. The determination must
contain a prominent statement indicating the consequences of not appealing. Proceedings
on the appeal are conducted in accordance with section 268B.08.
new text end

new text begin (e) An issue of ineligibility required to be determined under this section includes any
question regarding the denial or allowing of benefits under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Amended determination. new text end

new text begin Unless an appeal has been filed, the commissioner,
on the commissioner's own motion, may reconsider a determination of eligibility or
determination of ineligibility that has not become final and issue an amended determination.
Any amended determination must be sent to the applicant and any employer in the current
base period by mail or electronic transmission. Any amended determination is final unless
an appeal is filed by the applicant within 20 calendar days after sending. Proceedings on
the appeal are conducted in accordance with section 268B.08.
new text end

new text begin Subd. 4. new text end

new text begin Benefit payment. new text end

new text begin If a determination or amended determination allows benefits
to an applicant, the family or medical leave benefits must be paid regardless of any appeal
period or any appeal having been filed.
new text end

new text begin Subd. 5. new text end

new text begin Overpayment. new text end

new text begin A determination or amended determination that holds an
applicant ineligible for benefits for periods an applicant has been paid benefits is an
overpayment of those family or medical leave benefits. A determination or amended
determination issued under this section that results in an overpayment of benefits must set
out the amount of the overpayment and the requirement under section ....... that the overpaid
benefits must be repaid.
new text end

Sec. 12.

new text begin [268B.08] APPEAL PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Hearing. new text end

new text begin (a) The commissioner shall designate a chief benefit judge.
new text end

new text begin (b) Upon a timely appeal to a determination having been filed or upon a referral for
direct hearing, the chief benefit judge must set a time and date for a de novo due-process
hearing and send notice to an applicant and an employer, by mail or electronic transmission,
not less than ten calendar days before the date of the hearing.
new text end

new text begin (c) The commissioner may adopt rules on procedures for hearings. The rules need not
conform to common law or statutory rules of evidence and other technical rules of procedure.
new text end

new text begin (d) The chief benefit judge has discretion regarding the method by which the hearing is
conducted.
new text end

new text begin Subd. 2. new text end

new text begin Decision. new text end

new text begin (a) After the conclusion of the hearing, upon the evidence obtained,
the benefit judge must serve by mail or electronic transmission to all parties the decision,
reasons for the decision, and written findings of fact.
new text end

new text begin (b) Decisions of a benefit judge are not precedential.
new text end

new text begin Subd. 3. new text end

new text begin Request for reconsideration. new text end

new text begin Any party, or the commissioner, may, within
30 calendar days after service of the benefit judge's decision, file a request for reconsideration
asking the judge to reconsider that decision.
new text end

new text begin Subd. 4. new text end

new text begin Appeal to court of appeals. new text end

new text begin Any final determination on a request for
reconsideration may be appealed by any party directly to the Minnesota Court of Appeals.
new text end

new text begin Subd. 5. new text end

new text begin Benefit judges. new text end

new text begin (a) Only employees of the department who are attorneys licensed
to practice law in Minnesota may serve as a chief benefit judge, senior benefit judges who
are supervisors, or benefit judges.
new text end

new text begin (b) The chief benefit judge must assign a benefit judge to conduct a hearing and may
transfer to another benefit judge any proceedings pending before another benefit judge.
new text end

Sec. 13.

new text begin [268B.085] LEAVE.
new text end

new text begin Subdivision 1. new text end

new text begin Right to leave. new text end

new text begin Ninety calendar days from the date of hire, an employee
has a right to leave from employment for any day, or portion of a day, for which the employee
would be eligible for benefits under this chapter, regardless of whether the employee actually
applied for benefits and regardless of whether the employee is covered under a private plan
or the public program under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Notice to employer. new text end

new text begin (a) If the need for leave is foreseeable, an employee must
provide the employer at least 30 days' advance notice before leave under this chapter is to
begin. If 30 days' notice is not practicable because of a lack of knowledge of approximately
when leave will be required to begin, a change in circumstances, or a medical emergency,
notice must be given as soon as practicable. Whether leave is to be continuous or is to be
taken intermittently or on a reduced-schedule basis, notice need only be given one time, but
the employee must advise the employer as soon as practicable if dates of scheduled leave
change or are extended, or were initially unknown. In those cases where the employee is
required to provide at least 30 days' notice of foreseeable leave and does not do so, the
employee must explain the reasons why notice was not practicable upon request from the
employer.
new text end

new text begin (b) "As soon as practicable" means as soon as both possible and practical, taking into
account all of the facts and circumstances in the individual case. When an employee becomes
aware of a need for leave under this chapter less than 30 days in advance, it should be
practicable for the employee to provide notice of the need for leave either the same day or
the next day, unless the need for leave is based on a medical emergency. In all cases,
however, the determination of when an employee could practicably provide notice must
take into account the individual facts and circumstances.
new text end

new text begin (c) An employee shall provide at least verbal notice sufficient to make the employer
aware that the employee needs leave allowed under this chapter and the anticipated timing
and duration of the leave. An employer may require an employee giving notice of leave to
include a certification for the leave as described in subdivision 5. Such certification, if
required by an employer, is timely when the employee delivers it as soon as practicable
given the circumstances requiring the need for leave, and the required contents of the
certification.
new text end

new text begin (d) An employer may require an employee to comply with the employer's usual and
customary notice and procedural requirements for requesting leave, absent unusual
circumstances or other circumstances caused by the reason for the employee's need for
leave. Leave under this chapter must not be delayed or denied where an employer's usual
and customary notice or procedural requirements require notice to be given sooner than set
forth in this subdivision.
new text end

new text begin (e) If an employer has failed to provide notice to the employee as required under section
268B.26, paragraph (a), (b), or (e), the employee is not required to comply with the notice
requirements of this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Bonding leave. new text end

new text begin Bonding leave taken under this chapter begins at a time requested
by the employee. Bonding leave must begin within 12 months of the birth, adoption, or
placement of a foster child, except that, in the case where the child must remain in the
hospital longer than the mother, the leave must begin within 12 months after the child leaves
the hospital.
new text end

new text begin Subd. 4. new text end

new text begin Intermittent or reduced-leave schedule. new text end

new text begin (a) Leave under this chapter, based
on a serious health condition, may be taken intermittently or on a reduced-leave schedule
if such leave would be medically beneficial to the individual with the serious health condition.
For all other leaves under this chapter, leave may be taken intermittently or on a
reduced-leave schedule. Intermittent leave is leave taken in separate blocks of time due to
a single, seven-day qualifying event. A reduced-leave schedule is a leave schedule that
reduces an employee's usual number of working hours per workweek or hours per workday.
new text end

new text begin (b) Leave taken intermittently or on a reduced-schedule basis counts toward the
maximums described in section .......
new text end

new text begin Subd. 5. new text end

new text begin Certification. new text end

new text begin (a) Certification for an applicant taking leave related to the
applicant's serious health condition shall be sufficient if the certification states the date on
which the serious health condition began, the probable duration of the condition, and the
appropriate medical facts within the knowledge of the health care provider as required by
the commissioner.
new text end

new text begin (b) Certification for an applicant taking leave to care for a family member with a serious
health condition shall be sufficient if the certification states the date on which the serious
health condition commenced, the probable duration of the condition, the appropriate medical
facts within the knowledge of the health care provider as required by the commissioner, a
statement that the family member requires care, and an estimate of the amount of time that
the family member will require care.
new text end

new text begin (c) Certification for an applicant taking leave related to pregnancy shall be sufficient if
the certification states the expected due date and recovery period based on appropriate
medical facts within the knowledge of the health care provider.
new text end

new text begin (d) Certification for an applicant taking bonding leave because of the birth of the
applicant's child shall be sufficient if the certification includes either the child's birth
certificate or a document issued by the health care provider of the child or the health care
provider of the person who gave birth, stating the child's birth date.
new text end

new text begin (e) Certification for an applicant taking bonding leave because of the placement of a
child with the applicant for adoption or foster care shall be sufficient if the applicant provides
a document issued by the health care provider of the child, an adoption or foster care agency
involved in the placement, or by other individuals as determined by the commissioner that
confirms the placement and the date of placement. To the extent that the status of an applicant
as an adoptive or foster parent changes while an application for benefits is pending, or while
the covered individual is receiving benefits, the applicant must notify the department of
such change in status in writing.
new text end

new text begin (f) Certification for an applicant taking leave because of a qualifying exigency shall be
sufficient if the certification includes:
new text end

new text begin (1) a copy of the family member's active-duty orders;
new text end

new text begin (2) other documentation issued by the United States armed forces; or
new text end

new text begin (3) other documentation permitted by the commissioner.
new text end

new text begin (g) Certification for an applicant taking safety leave is sufficient if the certification
includes a court record or documentation signed by a volunteer or employee of a victim's
services organization, an attorney, a police officer, or an antiviolence counselor. The
commissioner must not require disclosure of details relating to an applicant's or applicant's
family member's domestic abuse, sexual assault, or stalking.
new text end

new text begin (h) Certifications under paragraphs (a) to (e) must be reviewed and signed by a health
care provider with knowledge of the qualifying event associated with the leave.
new text end

new text begin (i) For a leave taken on an intermittent or reduced-schedule basis, based on a serious
health condition of an applicant or applicant's family member, the certification under this
subdivision must include an explanation of how such leave would be medically beneficial
to the individual with the serious health condition.
new text end

Sec. 14.

new text begin [268B.09] EMPLOYMENT PROTECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Retaliation prohibited. new text end

new text begin An employer must not retaliate against an
employee for requesting or obtaining benefits, or for exercising any other right under this
chapter.
new text end

new text begin Subd. 2. new text end

new text begin Interference prohibited. new text end

new text begin An employer must not obstruct or impede an
application for leave or benefits or the exercise of any other right under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Waiver of rights void. new text end

new text begin Any agreement to waive, release, or commute rights
to benefits or any other right under this chapter is void.
new text end

new text begin Subd. 4. new text end

new text begin No assignment of benefits. new text end

new text begin Any assignment, pledge, or encumbrance of benefits
is void. Benefits are exempt from levy, execution, attachment, or any other remedy provided
for the collection of debt. Any waiver of this subdivision is void.
new text end

new text begin Subd. 5. new text end

new text begin Continued insurance. new text end

new text begin During any leave for which an employee is entitled to
benefits under this chapter, the employer must maintain coverage under any group insurance
policy, group subscriber contract, or health care plan for the employee and any dependents
as if the employee was not on leave, provided, however, that the employee must continue
to pay any employee share of the cost of such benefits.
new text end

new text begin Subd. 6. new text end

new text begin Employee right to reinstatement. new text end

new text begin (a) On return from leave under this chapter,
an employee is entitled to be returned to the same position the employee held when leave
commenced or to an equivalent position with equivalent benefits, pay, and other terms and
conditions of employment. An employee is entitled to reinstatement even if the employee
has been replaced or the employee's position has been restructured to accommodate the
employee's absence.
new text end

new text begin (b)(1) An equivalent position is one that is virtually identical to the employee's former
position in terms of pay, benefits, and working conditions, including privileges, prerequisites,
and status. It must involve the same or substantially similar duties and responsibilities,
which must entail substantially equivalent skill, effort, responsibility, and authority.
new text end

new text begin (2) If an employee is no longer qualified for the position because of the employee's
inability to attend a necessary course, renew a license, fly a minimum number of hours, or
similar condition, as a result of the leave, the employee must be given a reasonable
opportunity to fulfill those conditions upon return from leave.
new text end

new text begin (c)(1) An employee is entitled to any unconditional pay increases which may have
occurred during the leave period, such as cost of living increases. Pay increases conditioned
upon seniority, length of service, or work performed must be granted in accordance with
the employer's policy or practice with respect to other employees on an equivalent leave
status for a reason that does not qualify for leave under this chapter. An employee is entitled
to be restored to a position with the same or equivalent pay premiums, such as a shift
differential. If an employee departed from a position averaging ten hours of overtime, and
corresponding overtime pay, each week an employee is ordinarily entitled to such a position
on return from leave under this chapter.
new text end

new text begin (2) Equivalent pay includes any bonus or payment, whether it is discretionary or
nondiscretionary, made to employees consistent with clause (1). If a bonus or other payment
is based on the achievement of a specified goal such as hours worked, products sold, or
perfect attendance, and the employee has not met the goal due to leave under this chapter,
the payment may be denied, unless otherwise paid to employees on an equivalent leave
status for a reason that does not qualify for leave under this chapter.
new text end

new text begin (d) Benefits under this section include all benefits provided or made available to
employees by an employer, including group life insurance, health insurance, disability
insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether
benefits are provided by a practice or written policy of an employer through an employee
benefit plan as defined in section 3(3) of United States Code, title 29, section 1002(3).
new text end

new text begin (1) At the end of an employee's leave under this chapter, benefits must be resumed in
the same manner and at the same levels as provided when the leave began, and subject to
any changes in benefit levels that may have taken place during the period of leave affecting
the entire workforce, unless otherwise elected by the employee. Upon return from a leave
under this chapter, an employee must not be required to requalify for any benefits the
employee enjoyed before leave began, including family or dependent coverages.
new text end

new text begin (2) An employee may, but is not entitled to, accrue any additional benefits or seniority
during a leave under this chapter. Benefits accrued at the time leave began must be available
to an employee upon return from leave.
new text end

new text begin (3) With respect to pension and other retirement plans, leave under this chapter must
not be treated as or counted toward a break in service for purposes of vesting and eligibility
to participate. If the plan requires an employee to be employed on a specific date in order
to be credited with a year of service for vesting, contributions, or participation purposes,
an employee on leave under this chapter must be treated as employed on that date. Periods
of leave under this chapter need not be treated as credited service for purposes of benefit
accrual, vesting, and eligibility to participate.
new text end

new text begin (4) Employees on leave under this chapter must be treated as if they continued to work
for purposes of changes to benefit plans. Employees on leave under this chapter are entitled
to changes in benefit plans, except those which may be dependent upon seniority or accrual
during the leave period, immediately upon return from leave or to the same extent they
would have qualified if no leave had been taken.
new text end

new text begin (e) An equivalent position must have substantially similar duties, conditions,
responsibilities, privileges, and status as the employee's original position.
new text end

new text begin (1) The employee must be reinstated to the same or a geographically proximate worksite
from where the employee had previously been employed. If the employee's original worksite
has been closed, the employee is entitled to the same rights as if the employee had not been
on leave when the worksite closed.
new text end

new text begin (2) The employee is ordinarily entitled to return to the same shift or the same or an
equivalent work schedule.
new text end

new text begin (3) The employee must have the same or an equivalent opportunity for bonuses,
profit-sharing, and other similar discretionary and nondiscretionary payments.
new text end

new text begin (4) This chapter does not prohibit an employer from accommodating an employee's
request to be restored to a different shift, schedule, or position which better suits the
employee's personal needs on return from leave, or to offer a promotion to a better position.
However, an employee must not be induced by the employer to accept a different position
against the employee's wishes.
new text end

new text begin (f) The requirement that an employee be restored to the same or equivalent job with the
same or equivalent pay, benefits, and terms and conditions of employment does not extend
to de minimis, intangible, or unmeasurable aspects of the job.
new text end

new text begin Subd. 7. new text end

new text begin Limitations on an employee's right to reinstatement. new text end

new text begin An employee has no
greater right to reinstatement or to other benefits and conditions of employment than if the
employee had been continuously employed during the period of leave under this chapter.
An employer must be able to show that an employee would not otherwise have been
employed at the time reinstatement is requested in order to deny restoration to employment.
new text end

new text begin (1) If an employee is laid off during the course of taking a leave under this chapter and
employment is terminated, the employer's responsibility to continue the leave, maintain
group health plan benefits, and restore the employee cease at the time the employee is laid
off, provided the employer has no continuing obligations under a collective bargaining
agreement or otherwise. An employer would have the burden of proving that an employee
would have been laid off during the period of leave under this chapter and, therefore, would
not be entitled to restoration. Restoration to a job slated for layoff when the employee's
original position would not meet the requirements of an equivalent position.
new text end

new text begin (2) If a shift has been eliminated or overtime has been decreased, an employee would
not be entitled to return to work that shift or the original overtime hours upon restoration.
However, if a position on, for example, a night shift has been filled by another employee,
the employee is entitled to return to the same shift on which employed before taking leave
under this chapter.
new text end

new text begin (3) If an employee was hired for a specific term or only to perform work on a discrete
project, the employer has no obligation to restore the employee if the employment term or
project is over and the employer would not otherwise have continued to employ the employee.
new text end

new text begin Subd. 8. new text end

new text begin Remedies. new text end

new text begin (a) In addition to any other remedies available to an employee in
law or equity, an employer who violates the provisions of this section is liable to any
employee affected for:
new text end

new text begin (1) damages equal to the amount of:
new text end

new text begin (i) any wages, salary, employment benefits, or other compensation denied or lost to such
employee by reason of the violation, or, in cases in which wages, salary, employment
benefits, or other compensation have not been denied or lost to the employee, any actual
monetary losses sustained by the employee as a direct result of the violation; and
new text end

new text begin (ii) reasonable interest on the amount described in item (i); and
new text end

new text begin (2) such equitable relief as may be appropriate, including employment, reinstatement,
and promotion.
new text end

new text begin (b) An action to recover damages or equitable relief prescribed in paragraph (a) may be
maintained against any employer in any federal or state court of competent jurisdiction by
any one or more employees for and on behalf of:
new text end

new text begin (1) the employees; or
new text end

new text begin (2) the employees and other employees similarly situated.
new text end

new text begin (c) The court in an action under this section must, in addition to any judgment awarded
to the plaintiff or plaintiffs, allow reasonable attorney fees, reasonable expert witness fees,
and other costs of the action to be paid by the defendant.
new text end

new text begin (d) Nothing in this section shall be construed to allow an employee to recover damages
from an employer for the denial of benefits under this chapter by the department, unless the
employer unlawfully interfered with the application for benefits under subdivision 2.
new text end

Sec. 15.

new text begin [268B.10] SUBSTITUTION OF A PRIVATE PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Application for substitution. new text end

new text begin Employers may apply to the commissioner
for approval to meet their obligations under this chapter through the substitution of a private
plan that provides paid family, paid medical, or paid family and medical benefits. In order
to be approved as meeting an employer's obligations under this chapter, a private plan must
confer all of the same rights, protections, and benefits provided to employees under this
chapter, including but not limited to benefits under section 268B.04 and employment
protections under section 268B.09. An employee covered by a private plan under this section
retains all applicable rights and remedies under section 268B.09.
new text end

new text begin Subd. 2. new text end

new text begin Private plan requirements; medical benefit program. new text end

new text begin (a) The commissioner
must approve an application for private provision of the medical benefit program if the
commissioner determines:
new text end

new text begin (1) all of the employees of the employer are to be covered under the provisions of the
employer plan;
new text end

new text begin (2) eligibility requirements for benefits and leave are no more restrictive than as provided
under this chapter;
new text end

new text begin (3) the weekly benefits payable under the private plan for any week are at least equal to
the weekly benefit amount payable under this chapter, taking into consideration any coverage
with respect to concurrent employment by another employer;
new text end

new text begin (4) the total number of weeks for which benefits are payable under the private plan is
at least equal to the total number of weeks for which benefits would have been payable
under this chapter;
new text end

new text begin (5) no greater amount is required to be paid by employees toward the cost of benefits
under the employer plan than by this chapter;
new text end

new text begin (6) wage replacement benefits are stated in the plan separately and distinctly from other
benefits;
new text end

new text begin (7) the private plan will provide benefits and leave for any serious health condition or
pregnancy for which benefits are payable, and leave provided, under this chapter;
new text end

new text begin (8) the private plan will impose no additional condition or restriction on the use of
medical benefits beyond those explicitly authorized by this chapter or regulations
promulgated pursuant to this chapter;
new text end

new text begin (9) the private plan will allow any employee covered under the private plan who is
eligible to receive medical benefits under this chapter to receive medical benefits under the
employer plan; and
new text end

new text begin (10) coverage will continue under the private plan while an employee remains employed
by the employer.
new text end

new text begin (b) Notwithstanding paragraph (a), a private plan may provide shorter durations of leave
and benefit eligibility if the total dollar value of wage replacement benefits under the private
plan for an employee for any particular qualifying event meets or exceeds what the total
dollar value would be under the public family and medical benefit program.
new text end

new text begin Subd. 3. new text end

new text begin Private plan requirements; family benefit program. new text end

new text begin (a) The commissioner
must approve an application for private provision of the family benefit program if the
commissioner determines:
new text end

new text begin (1) all of the employees of the employer are to be covered under the provisions of the
employer plan;
new text end

new text begin (2) eligibility requirements for benefits and leave are no more restrictive than as provided
under this chapter;
new text end

new text begin (3) the weekly benefits payable under the private plan for any week are at least equal to
the weekly benefit amount payable under this chapter, taking into consideration any coverage
with respect to concurrent employment by another employer;
new text end

new text begin (4) the total number of weeks for which benefits are payable under the private plan is
at least equal to the total number of weeks for which benefits would have been payable
under this chapter;
new text end

new text begin (5) no greater amount is required to be paid by employees toward the cost of benefits
under the employer plan than by this chapter;
new text end

new text begin (6) wage replacement benefits are stated in the plan separately and distinctly from other
benefits;
new text end

new text begin (7) the private plan will provide benefits and leave for any care for a family member
with a serious health condition, bonding with a child, qualifying exigency, or safety leave
event for which benefits are payable, and leave provided, under this chapter;
new text end

new text begin (8) the private plan will impose no additional condition or restriction on the use of family
benefits beyond those explicitly authorized by this chapter or regulations promulgated
pursuant to this chapter;
new text end

new text begin (9) the private plan will allow any employee covered under the private plan who is
eligible to receive medical benefits under this chapter to receive medical benefits under the
employer plan; and
new text end

new text begin (10) coverage will continue under the private plan while an employee remains employed
by the employer.
new text end

new text begin (b) Notwithstanding paragraph (a), a private plan may provide shorter durations of leave
and benefit eligibility if the total dollar value of wage replacement benefits under the private
plan for an employee for any particular qualifying event meets or exceeds what the total
dollar value would be under the public family and medical benefit program.
new text end

new text begin Subd. 4. new text end

new text begin Use of private insurance products. new text end

new text begin Nothing in this section prohibits an
employer from meeting the requirements of a private plan through a private insurance
product. If the employer plan involves a private insurance product, that insurance product
must conform to any applicable law or rule.
new text end

new text begin Subd. 5. new text end

new text begin Private plan approval and oversight fee. new text end

new text begin An employer with an approved
private plan is not required to pay premiums established under section ....... An employer
with an approved private plan is responsible for a private plan approval and oversight fee
equal to $250 for employers with fewer than 50 employees, $500 for employers with 50 to
499 employees, and $1,000 for employers with 500 or more employees. The employer must
pay this fee (1) upon initial application for private plan approval, and (2) any time the
employer applies to amend the private plan. The commissioner must review and report on
the adequacy of this fee to cover private plan administrative costs annually beginning October
1, 2022, as part of the annual report established in section 268B.21.
new text end

new text begin Subd. 6. new text end

new text begin Plan duration. new text end

new text begin A private plan under this section must be in effect for a period
of at least one year and, thereafter, continuously unless the commissioner finds that the
employer has given notice of withdrawal from the plan in a manner specified by the
commissioner in this section or rule. The plan may be withdrawn by the employer within
30 days of the effective date of any law increasing the benefit amounts or within 30 days
of the date of any change in the rate of premiums. If the plan is not withdrawn, it must be
amended to conform to provide the increased benefit amount or change in the rate of the
employee's premium on the date of the increase or change.
new text end

new text begin Subd. 7. new text end

new text begin Appeals. new text end

new text begin An employer may appeal any adverse action regarding that employer's
private plan to the commissioner, in a manner specified by the commissioner.
new text end

new text begin Subd. 8. new text end

new text begin Employees no longer covered. new text end

new text begin (a) An employee is no longer covered by an
approved private plan if a leave under this chapter occurs after the employment relationship
with the private plan employer ends, or if the commissioner revokes the approval of the
private plan.
new text end

new text begin (b) An employee no longer covered by an approved private plan is, if otherwise eligible,
immediately entitled to benefits under this chapter to the same extent as though there had
been no approval of the private plan.
new text end

new text begin Subd. 9. new text end

new text begin Posting of notice regarding private plan. new text end

new text begin An employer with a private plan
must provide a notice prepared by or approved by the commissioner regarding the private
plan consistent with section .......
new text end

new text begin Subd. 10. new text end

new text begin Amendment. new text end

new text begin (a) The commissioner must approve any amendment to a private
plan adjusting the provisions thereof, if the commissioner determines:
new text end

new text begin (1) that the plan, as amended, will conform to the standards set forth in this chapter; and
new text end

new text begin (2) that notice of the amendment has been delivered to all affected employees at least
ten days before the submission of the amendment.
new text end

new text begin (b) Any amendments approved under this subdivision are effective on the date of the
commissioner's approval, unless the commissioner and the employer agree on a later date.
new text end

new text begin Subd. 11. new text end

new text begin Successor employer. new text end

new text begin A private plan in effect at the time a successor acquires
the employer organization, trade, or business, or substantially all the assets thereof, or a
distinct and severable portion of the organization, trade, or business, and continues its
operation without substantial reduction of personnel resulting from the acquisition, must
continue the approved private plan and must not withdraw the plan without a specific request
for withdrawal in a manner and at a time specified by the commissioner. A successor may
terminate a private plan with notice to the commissioner and within 90 days from the date
of the acquisition.
new text end

new text begin Subd. 12. new text end

new text begin Revocation of approval by commissioner. new text end

new text begin (a) The commissioner may
terminate any private plan if the commissioner determines the employer:
new text end

new text begin (1) failed to pay benefits;
new text end

new text begin (2) failed to pay benefits in a timely manner, consistent with the requirements of this
chapter;
new text end

new text begin (3) failed to submit reports as required by this chapter or rule adopted under this chapter;
or
new text end

new text begin (4) otherwise failed to comply with this chapter or rule adopted under this chapter.
new text end

new text begin (b) The commissioner must give notice of the intention to terminate a plan to the employer
at least ten days before taking any final action. The notice must state the effective date and
the reason for the termination.
new text end

new text begin (c) The employer may, within ten days from mailing or personal service of the notice,
file an appeal to the commissioner in the time, manner, method, and procedure provided by
the commissioner under subdivision 7.
new text end

new text begin (d) The payment of benefits must not be delayed during an employer's appeal of the
revocation of approval of a private plan.
new text end

new text begin (e) If the commissioner revokes approval of an employer's private plan, that employer
is ineligible to apply for approval of another private plan for a period of three years, beginning
on the date of revocation.
new text end

new text begin Subd. 13. new text end

new text begin Employer penalties. new text end

new text begin (a) The commissioner may assess the following monetary
penalties against an employer with an approved private plan found to have violated this
chapter:
new text end

new text begin (1) $1,000 for the first violation; and
new text end

new text begin (2) $2,000 for the second, and each successive violation.
new text end

new text begin (b) The commissioner must waive collection of any penalty if the employer corrects the
violation within 30 days of receiving a notice of the violation and the notice is for a first
violation.
new text end

new text begin (c) The commissioner may waive collection of any penalty if the commissioner determines
the violation to be an inadvertent error by the employer.
new text end

new text begin (d) Monetary penalties collected under this section shall be deposited in the account.
new text end

new text begin (e) Assessment of penalties under this subdivision may be appealed as provided by the
commissioner under subdivision 7.
new text end

new text begin Subd. 14. new text end

new text begin Reports, information, and records. new text end

new text begin Employers with an approved private
plan must maintain all reports, information, and records as relating to the private plan and
claims for a period of six years from creation and provide to the commissioner upon request.
new text end

new text begin Subd. 15. new text end

new text begin Audit and investigation. new text end

new text begin The commissioner may investigate and audit plans
approved under this section both before and after the plans are approved.
new text end

Sec. 16.

new text begin [268B.11] SELF-EMPLOYED AND INDEPENDENT CONTRACTOR
ELECTION OF COVERAGE.
new text end

new text begin Subdivision 1. new text end

new text begin Election of coverage. new text end

new text begin (a) A self-employed individual or independent
contractor may file with the commissioner by electronic transmission in a format prescribed
by the commissioner an application to be entitled to benefits under this chapter for a period
not less than 104 consecutive calendar weeks. Upon the approval of the commissioner, sent
by United States mail or electronic transmission, the individual is entitled to benefits under
this chapter beginning the calendar quarter after the date of approval or beginning in a later
calendar quarter if requested by the self-employed individual or independent contractor.
The individual ceases to be entitled to benefits as of the first day of January of any calendar
year only if, at least 30 calendar days before the first day of January, the individual has filed
with the commissioner by electronic transmission in a format prescribed by the commissioner
a notice to that effect.
new text end

new text begin (b) The commissioner may terminate any application approved under this section with
30 calendar days' notice sent by United States mail or electronic transmission if the
self-employed individual is delinquent on any premiums due under this chapter. If an
approved application is terminated in this manner during the first 104 consecutive calendar
weeks of election, the self-employed individual remains obligated to pay the premium under
subdivision 3 for the remainder of that 104-week period.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin A self-employed individual who applies for coverage under this
section must provide the commissioner with (1) the amount of the individual's net earnings
from self-employment, if any, from the two most recent taxable years and all tax documents
necessary to prove the accuracy of the amounts reported, and (2) any other documentation
the commissioner requires. A self-employed individual who is covered under this chapter
must annually provide the commissioner with the amount of the individual's net earnings
from self-employment within 30 days of filing a federal income tax return.
new text end

new text begin Subd. 3. new text end

new text begin Premium. new text end

new text begin A self-employed individual who elects to receive coverage under
this chapter must annually pay a premium equal to one-half the percentage in section
268B.14, subdivision 5, clause (1), times the lesser of:
new text end

new text begin (1) the individual's self-employment premium base; or
new text end

new text begin (2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability
Insurance tax.
new text end

new text begin Subd. 4. new text end

new text begin Benefits. new text end

new text begin Notwithstanding anything to the contrary, a self-employed individual
who has applied to and been approved for coverage by the commissioner under this section
is entitled to benefits on the same basis as an employee under this chapter, except that a
self-employed individual's weekly benefit amount under section 268B.04, subdivision 1,
must be calculated as a percentage of the self-employed individual's self-employment
premium base, rather than wages.
new text end

Sec. 17.

new text begin [268B.12] WAGE REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Wage detail report. new text end

new text begin (a) Each employer must submit, under the account
provided for in section ......, a quarterly wage detail report by electronic transmission, in a
format prescribed by the commissioner. The report must include for each employee in
covered employment during the calendar quarter, the employee's name, Social Security
number, the total wages paid to the employee, and total number of paid hours worked. For
employees exempt from the definition of employee in section 177.23, subdivision 7, clause
(6), the employer must report 40 hours worked for each week any duties were performed
by a full-time employee and must report a reasonable estimate of the hours worked for each
week duties were performed by a part-time employee. In addition, the wage detail report
must include the number of employees employed during the payroll period that includes
the 12th day of each calendar month and, if required by the commissioner, the report must
be broken down by business location and, if section ....... apply, by separate unit. The report
is due and must be received by the commissioner on or before the last day of the month
following the end of the calendar quarter. The commissioner may delay the due date on a
specific calendar quarter in the event the department is unable to accept wage detail reports
electronically.
new text end

new text begin (b) The employer may report the wages paid to the next lower whole dollar amount.
new text end

new text begin (c) An employer need not include the name of the employee or other required information
on the wage detail report if disclosure is specifically exempted from being reported by
federal law.
new text end

new text begin (d) A wage detail report must be submitted for each calendar quarter even though no
wages were paid, unless the employer has notified the commissioner, under section ......, of
termination of business.
new text end

new text begin Subd. 2. new text end

new text begin Electronic transmission of report required. new text end

new text begin Each employer must submit the
quarterly wage detail report by electronic transmission in a format prescribed by the
commissioner. The commissioner has the discretion to accept wage detail reports that are
submitted by any other means or the commissioner may return the report submitted by other
than electronic transmission to the employer, and reports returned are considered as not
submitted and the late fees under subdivision 3 may be imposed.
new text end

new text begin Subd. 3. new text end

new text begin Failure to timely file report; late fees. new text end

new text begin (a) Any employer that fails to submit
the quarterly wage detail report when due must pay a late fee of $10 per employee, computed
based upon the highest of:
new text end

new text begin (1) the number of employees reported on the last wage detail report submitted;
new text end

new text begin (2) the number of employees reported in the corresponding quarter of the prior calendar
year; or
new text end

new text begin (3) if no wage detail report has ever been submitted, the number of employees listed at
the time of employer registration.
new text end

new text begin The late fee is canceled if the wage detail report is received within 30 calendar days after
a demand for the report is sent to the employer by mail or electronic transmission. A late
fee assessed an employer may not be canceled more than twice each 12 months. The amount
of the late fee assessed may not be less than $250.
new text end

new text begin (b) If the wage detail report is not received in a manner and format prescribed by the
commissioner within 30 calendar days after demand is sent under paragraph (a), the late
fee assessed under paragraph (a) doubles and a renewed demand notice and notice of the
increased late fee will be sent to the employer by mail or electronic transmission.
new text end

new text begin (c) Late fees due under this subdivision may be canceled, in whole or in part, under
section .......
new text end

new text begin Subd. 4. new text end

new text begin Missing or erroneous information. new text end

new text begin (a) Any employer that submits the wage
detail report, but fails to include all required employee information or enters erroneous
information, is subject to an administrative service fee of $25 for each employee for whom
the information is partially missing or erroneous.
new text end

new text begin (b) Any employer that submits the wage detail report, but fails to include an employee,
is subject to an administrative service fee equal to two percent of the total wages for each
employee for whom the information is completely missing.
new text end

new text begin Subd. 5. new text end

new text begin Fees. new text end

new text begin The fees provided for in subdivisions 3 and 4 are in addition to interest
and other penalties imposed by this chapter and are collected in the same manner as
delinquent taxes and credited to the account.
new text end

Sec. 18.

new text begin [268B.13] EMPLOYER PREMIUM ACCOUNTS.
new text end

new text begin The commissioner must maintain a premium account for each employer. The
commissioner must assess the premium account for all the premiums due under section
268B.14, and credit the account with all premiums paid.
new text end

Sec. 19.

new text begin [268B.14] PREMIUMS.
new text end

new text begin Subdivision 1. new text end

new text begin Payments. new text end

new text begin (a) Family and medical leave premiums accrue and become
payable by each employer for each calendar year on the taxable wages that the employer
paid to employees in covered employment.
new text end

new text begin Each employer must pay premiums quarterly, at the premium rate defined under this
section, on the taxable wages paid to each employee. The commissioner must compute the
premium due from the wage detail report required under section 268B.12 and notify the
employer of the premium due. The premiums must be paid to the family and medical benefit
insurance account and must be received by the department on or before the last day of the
month following the end of the calendar quarter.
new text end

new text begin (b) If for any reason the wages on the wage detail report under section 268B.12 are
adjusted for any quarter, the commissioner must recompute the premiums due for that quarter
and assess the employer for any amount due or credit the employer as appropriate.
new text end

new text begin Subd. 2. new text end

new text begin Payments by electronic payment required. new text end

new text begin (a) Every employer must make
any payments due under this chapter by electronic payment.
new text end

new text begin (b) All third-party processors, paying on behalf of a client company, must make any
payments due under this chapter by electronic payment.
new text end

new text begin (c) Regardless of paragraph (a) or (b), the commissioner has the discretion to accept
payment by other means.
new text end

new text begin Subd. 3. new text end

new text begin Employee charge back. new text end

new text begin Notwithstanding section 177.24, subdivision 4, or
181.06, subdivision 1, employers and covered business entities may deduct up to 50 percent
of annual premiums paid under this section from employee wages. Such deductions for any
given employee must be in equal proportion to the premiums paid based on the wages of
that employee, and all employees of an employer must be subject to the same percentage
deduction. Deductions under this section must not cause an employee's wage, after the
deduction, to fall below the rate required to be paid to the worker by law, including any
applicable statute, regulation, rule, ordinance, government resolution or policy, contract, or
other legal authority, whichever rate of pay is greater.
new text end

new text begin Subd. 4. new text end

new text begin Wages and payments subject to premium. new text end

new text begin (a) The maximum wages subject
to premium in a calendar year is equal to the maximum earnings in that year subject to the
FICA Old-Age, Survivors, and Disability Insurance tax rounded to the nearest $1,000.
new text end

new text begin (b) The maximum payment amount subject to premium in a calendar year, under
subdivision ....... is equal to the maximum earnings in that year subject to the FICA Old-Age,
Survivors, and Disability Insurance tax.
new text end

new text begin Subd. 5. new text end

new text begin Annual premium rates. new text end

new text begin The employer premium rates for the calendar year
beginning January 1, 2023, shall be as follows:
new text end

new text begin (1) for employers participating in both family and medical benefit programs, 0.6 percent;
new text end

new text begin (2) for an employer participating in only the medical benefit program and with an
approved private plan for the family benefit program, 0.486 percent; and
new text end

new text begin (3) for an employer participating in only the family benefit program and with an approved
private plan for the medical benefit program, 0.114 percent.
new text end

new text begin Subd. 6. new text end

new text begin Premium rate adjustments. new text end

new text begin (a) Each calendar year following the calendar
year beginning January 1, 2025, the commissioner must adjust the annual premium rates
using the formula in paragraph (b).
new text end

new text begin (b) To calculate the employer rates for a calendar year, the commissioner must:
new text end

new text begin (1) multiply 1.45 times the amount disbursed from the account for the 52-week period
ending September 30 of the prior year;
new text end

new text begin (2) subtract the amount in the account on that September 30 from the resulting figure;
new text end

new text begin (3) divide the resulting figure by twice the total wages in covered employment of
employees of employers without approved private plans under section 268B.10 for either
the family or medical benefit program. For employers with an approved private plan for
either the medical benefit program or the family benefit program, but not both, count only
the proportion of wages in covered employment associated with the program for which the
employer does not have an approved private plan; and
new text end

new text begin (4) round the resulting figure down to the nearest one-hundredth of one percent.
new text end

new text begin (c) The commissioner must apportion the premium rate between the family and medical
benefit programs based on the relative proportion of expenditures for each program during
the preceding year.
new text end

new text begin Subd. 7. new text end

new text begin Deposit of premiums. new text end

new text begin All premiums collected under this section must be
deposited into the account.
new text end

new text begin Subd. 8. new text end

new text begin Nonpayment of premiums by employer. new text end

new text begin The failure of an employer to pay
premiums does not impact the right of an employee to benefits, or any other right, under
this chapter.
new text end

Sec. 20.

new text begin [268B.145] INCOME TAX WITHHOLDING.
new text end

new text begin If the Internal Revenue Service determines that benefits are subject to federal income
tax, and an applicant elects to have federal income tax deducted and withheld from the
applicant's benefits, the commissioner must deduct and withhold the amount specified in
the Internal Revenue Code in a manner consistent with state law.
new text end

Sec. 21.

new text begin [268B.15] COLLECTION OF PREMIUMS.
new text end

new text begin Subdivision 1. new text end

new text begin Amount computed presumed correct. new text end

new text begin Any amount due from an
employer, as computed by the commissioner, is presumed to be correctly determined and
assessed, and the burden is upon the employer to show its incorrectness. A statement by the
commissioner of the amount due is admissible in evidence in any court or administrative
proceeding and is prima facie evidence of the facts in the statement.
new text end

new text begin Subd. 2. new text end

new text begin Priority of payments. new text end

new text begin (a) Any payment received from an employer must be
applied in the following order:
new text end

new text begin (1) family and medical leave premiums under this chapter; then
new text end

new text begin (2) interest on past due premiums; then
new text end

new text begin (3) penalties, late fees, administrative service fees, and costs.
new text end

new text begin (b) Paragraph (a) is the priority used for all payments received from an employer,
regardless of how the employer may designate the payment to be applied, except when:
new text end

new text begin (1) there is an outstanding lien and the employer designates that the payment made
should be applied to satisfy the lien;
new text end

new text begin (2) the payment is specifically designated by the employer to be applied to an outstanding
overpayment of benefits of an applicant;
new text end

new text begin (3) a court or administrative order directs that the payment be applied to a specific
obligation;
new text end

new text begin (4) a preexisting payment plan provides for the application of payment; or
new text end

new text begin (5) the commissioner, under the compromise authority of section ......., agrees to apply
the payment to a different priority.
new text end

new text begin Subd. 3. new text end

new text begin Estimating the premium due. new text end

new text begin Only if an employer fails to make all necessary
records available for an audit under section ....... and the commissioner has reason to believe
the employer has not reported all the required wages on the quarterly wage detail reports,
may the commissioner then estimate the amount of premium due and assess the employer
the estimated amount due.
new text end

new text begin Subd. 4. new text end

new text begin Costs. new text end

new text begin (a) Any employer and any applicant subject to section ....... that fails to
pay any amount when due under this chapter is liable for any filing fees, recording fees,
sheriff fees, costs incurred by referral to any public or private collection agency, or litigation
costs, including attorney fees, incurred in the collection of the amounts due.
new text end

new text begin (b) If any tendered payment of any amount due is not honored when presented to a
financial institution for payment, any costs assessed the department by the financial institution
and a fee of $25 must be assessed to the person.
new text end

new text begin (c) Costs and fees collected under this subdivision are credited to the administration
account.
new text end

new text begin Subd. 5. new text end

new text begin Interest on amounts past due. new text end

new text begin If any amounts due from an employer under
this chapter are not received on the date due, the commissioner must assess interest on any
amount that remains unpaid. Interest is assessed at the rate of one percent per month or any
part of a month. Interest is not assessed on unpaid interest. Interest collected under this
subdivision is credited to the account.
new text end

new text begin Subd. 6. new text end

new text begin Interest on judgments. new text end

new text begin Regardless of section 549.09, if a judgment is entered
upon any past due amounts from an employer under this chapter, the unpaid judgment bears
interest at the rate specified in subdivision 5 until the date of payment.
new text end

new text begin Subd. 7. new text end

new text begin Credit adjustments; refunds. new text end

new text begin (a) If an employer makes an application for a
credit adjustment of any amount paid under this chapter within four years of the date that
the payment was due, in a manner and format prescribed by the commissioner, and the
commissioner determines that the payment or any portion thereof was erroneous, the
commissioner must make an adjustment and issue a credit without interest. If a credit cannot
be used, the commissioner must refund, without interest, the amount erroneously paid. The
commissioner, on the commissioner's own motion, may make a credit adjustment or refund
under this subdivision.
new text end

new text begin (b) Any refund returned to the commissioner is considered unclaimed property under
chapter 345.
new text end

new text begin (c) If a credit adjustment or refund is denied in whole or in part, a determination of denial
must be sent to the employer by mail or electronic transmission. The determination of denial
is final unless an employer files an appeal within 20 calendar days after sending. Proceedings
on the appeal are conducted in accordance with section 268B.08.
new text end

new text begin (d) If an employer receives a credit adjustment or refund under this section, the employer
must determine the amount of any overpayment attributable to a deduction from employee
wages under section ....... and return any amount erroneously deducted to each affected
employee.
new text end

new text begin Subd. 8. new text end

new text begin Priorities under legal dissolutions or distributions. new text end

new text begin In the event of any
distribution of an employer's assets according to an order of any court, including any
receivership, assignment for benefit of creditors, adjudicated insolvency, or similar
proceeding, premiums then or thereafter due must be paid in full before all other claims
except claims for wages of not more than $1,000 per former employee, earned within six
months of the commencement of the proceedings. In the event of an employer's adjudication
in bankruptcy under federal law, premiums then or thereafter due are entitled to the priority
provided in that law for taxes due in any state.
new text end

Sec. 22.

new text begin [268B.155] CHILD SUPPORT DEDUCTION FROM BENEFITS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "child support agency" means the public agency responsible for child support
enforcement, including federally approved comprehensive Tribal IV-D programs; and
new text end

new text begin (2) "child support obligations" means obligations that are being enforced by a child
support agency in accordance with a plan described in United States Code, title 42, sections
454 and 455 of the Social Security Act that has been approved by the secretary of health
and human services under part D of title IV of the Social Security Act. This does not include
any type of spousal maintenance or foster care payments.
new text end

new text begin Subd. 2. new text end

new text begin Notice upon application. new text end

new text begin In an application for family or medical leave benefits,
the applicant must disclose if child support obligations are owed and, if so, in what state
and county. If child support obligations are owed, the commissioner must, if the applicant
establishes a benefit account, notify the child support agency.
new text end

new text begin Subd. 3. new text end

new text begin Withholding of benefit. new text end

new text begin The commissioner must deduct and withhold from
any family or medical leave benefits payable to an applicant who owes child support
obligations:
new text end

new text begin (1) the amount required under a proper order of a court or administrative agency; or
new text end

new text begin (2) if clause (1) is not applicable, the amount determined under an agreement under
United States Code, title 42, section 454 (20)(B)(i), of the Social Security Act; or
new text end

new text begin (3) if clause (1) or (2) is not applicable, the amount specified by the applicant.
new text end

new text begin Subd. 4. new text end

new text begin Payment. new text end

new text begin Any amount deducted and withheld must be paid to the child support
agency, must for all purposes be treated as if it were paid to the applicant as family or
medical leave benefits and paid by the applicant to the child support agency in satisfaction
of the applicant's child support obligations.
new text end

new text begin Subd. 5. new text end

new text begin Payment of costs. new text end

new text begin The child support agency must pay the costs incurred by
the commissioner in the implementation and administration of this section and sections
518A.50 and 518A.53.
new text end

Sec. 23.

new text begin [268B.16] COMPROMISE.
new text end

new text begin (a) The commissioner may compromise in whole or in part any action, determination,
or decision that affects only an employer and not an applicant. This paragraph applies if it
is determined by a court of law, or a confession of judgment, that an applicant, while
employed, wrongfully took from the employer $500 or more in money or property.
new text end

new text begin (b) The commissioner may at any time compromise any premium or reimbursement due
from an employer under this chapter.
new text end

new text begin (c) Any compromise involving an amount over $10,000 must be authorized by an attorney
licensed to practice law in Minnesota who is an employee of the department designated by
the commissioner for that purpose.
new text end

new text begin (d) Any compromise must be in the best interest of the state of Minnesota.
new text end

Sec. 24.

new text begin [268B.17] ADMINISTRATIVE COSTS.
new text end

new text begin From July 1, 2023, through December 31, 2023, the commissioner may spend up to
seven percent of premiums collected under section ....... for administration of this chapter.
Beginning January 1, 2024, and each calendar year thereafter, the commissioner may spend
up to seven percent of projected benefit payments for that calendar year for the administration
of this chapter. The department may enter into interagency agreements with the Department
of Labor and Industry, including agreements to transfer funds, subject to the limit in this
section, for the Department of Labor and Industry to fulfill its enforcement authority of this
chapter.
new text end

Sec. 25.

new text begin [268B.18] PUBLIC OUTREACH.
new text end

new text begin Beginning in fiscal year 2023, the commissioner must use at least 0.5 percent of revenue
collected under this chapter for the purpose of outreach, education, and technical assistance
for employees, employers, and self-employed individuals eligible to elect coverage under
section 268B.11. The department may enter into interagency agreements with the Department
of Labor and Industry, including agreements to transfer funds, subject to the limit in section
......., to accomplish the requirements of this section. At least one-half of the amount spent
under this section must be used for grants to community-based groups.
new text end

Sec. 26.

new text begin [268B.185] BENEFIT OVERPAYMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Repaying an overpayment. new text end

new text begin (a) Any applicant who (1) because of a
determination or amended determination issued under this chapter, or (2) because of a
benefit law judge's decision under section 268B.08, has received any family or medical
leave benefits that the applicant was held not entitled to, is overpaid the benefits and must
promptly repay the benefits to the family and medical benefit insurance account.
new text end

new text begin (b) If the applicant fails to repay the benefits overpaid, including any penalty and interest
assessed under subdivisions 2 and 4, the total due may be collected by the methods allowed
under state and federal law.
new text end

new text begin Subd. 2. new text end

new text begin Overpayment because of misrepresentation. new text end

new text begin (a) An applicant has committed
misrepresentation if the applicant is overpaid benefits by making a false statement or
representation without a good faith belief as to the correctness of the statement or
representation.
new text end

new text begin (b) After the discovery of facts indicating misrepresentation, the commissioner must
issue a determination of overpayment penalty assessing a penalty equal to 20 percent of the
amount overpaid. This penalty is in addition to penalties under section 268B.19.
new text end

new text begin (c) Unless the applicant files an appeal within 20 calendar days after the sending of a
determination of overpayment penalty to the applicant by mail or electronic transmission,
the determination is final. Proceedings on the appeal are conducted in accordance with
section 268B.08.
new text end

new text begin (d) A determination of overpayment penalty must state the methods of collection the
commissioner may use to recover the overpayment, penalty, and interest assessed. Money
received in repayment of overpaid benefits, penalties, and interest is first applied to the
benefits overpaid, second to the penalty amount due, and third to any interest due.
new text end

new text begin (e) The department is authorized to issue a determination of overpayment penalty under
this subdivision within 48 months of the establishment of the benefit account upon which
the benefits were obtained through misrepresentation.
new text end

new text begin Subd. 3. new text end

new text begin Family and medical leave enforcement account created. new text end

new text begin The family and
medical leave enforcement account is created in the state treasury. Any penalties and interest
collected under this section shall be deposited into the account and shall be used only for
the purposes of administering and enforcing this title. Only the commissioner may authorize
expenditures from the account.
new text end

new text begin Subd. 4. new text end

new text begin Interest. new text end

new text begin For any family and medical leave benefits obtained by
misrepresentation, and any penalty amounts assessed under subdivision 2, the commissioner
must assess interest on any amount that remains unpaid beginning 30 calendar days after
the date of a determination of overpayment penalty. Interest is assessed at the rate of one
percent per month or any part of a month. A determination of overpayment penalty must
state that interest will be assessed. Interest is not assessed on unpaid interest. Interest collected
under this subdivision is credited to the family and medical leave enforcement account.
new text end

new text begin Subd. 5. new text end

new text begin Offset of benefits. new text end

new text begin The commissioner may offset from any future family and
medical leave benefits otherwise payable the amount of a nonmisrepresentation overpayment.
Except when the nonmisrepresentation overpayment resulted because the applicant failed
to report deductible earnings or deductible or benefit delaying payments, no single offset
may exceed 50 percent of the amount of the payment from which the offset is made.
new text end

new text begin Subd. 6. new text end

new text begin Cancellation of overpayments. new text end

new text begin (a) If family and medical leave benefits overpaid
for reasons other than misrepresentation are not repaid or offset from subsequent benefits
within six years after the date of the determination or decision holding the applicant overpaid,
the commissioner must cancel the overpayment balance, and no administrative or legal
proceedings may be used to enforce collection of those amounts.
new text end

new text begin (b) If family and medical leave benefits overpaid because of misrepresentation including
penalties and interest are not repaid within ten years after the date of the determination of
overpayment penalty, the commissioner must cancel the overpayment balance and any
penalties and interest due, and no administrative or legal proceeding may be used to enforce
collection of those amounts.
new text end

new text begin (c) The commissioner may cancel at any time any overpayment, including penalties and
interest that the commissioner determines is uncollectible because of death or bankruptcy.
new text end

new text begin Subd. 7. new text end

new text begin Court fees; collection fees. new text end

new text begin (a) If the department is required to pay any court
fees in an attempt to enforce collection of overpaid family and medical leave benefits,
penalties, or interest, the amount of the court fees may be added to the total amount due.
new text end

new text begin (b) If an applicant who has been overpaid family and medical leave benefits because of
misrepresentation seeks to have any portion of the debt discharged under the federal
bankruptcy code, and the department files an objection in bankruptcy court to the discharge,
the cost of any court fees may be added to the debt if the bankruptcy court does not discharge
the debt.
new text end

new text begin (c) If the Internal Revenue Service assesses the department a fee for offsetting from a
federal tax refund the amount of any overpayment, including penalties and interest, the
amount of the fee may be added to the total amount due. The offset amount must be put in
the family and medical leave enforcement account and that amount credited to the total
amount due from the applicant.
new text end

new text begin Subd. 8. new text end

new text begin Collection of overpayments. new text end

new text begin (a) The commissioner has discretion regarding
the recovery of any overpayment for reasons other than misrepresentation. Regardless of
any law to the contrary, the commissioner is not required to refer any overpayment for
reasons other than misrepresentation to a public or private collection agency, including
agencies of this state.
new text end

new text begin (b) Amounts overpaid for reasons other than misrepresentation are not considered a
"debt" to the state of Minnesota for purposes of any reporting requirements to the
commissioner of management and budget.
new text end

new text begin (c) A pending appeal under section 268B.08 does not suspend the assessment of interest,
penalties, or collection of an overpayment.
new text end

new text begin (d) Section 16A.626 applies to the repayment by an applicant of any overpayment,
penalty, or interest.
new text end

Sec. 27.

new text begin [268B.19] APPLICANT ADMINISTRATIVE PENALTIES.
new text end

new text begin (a) Any applicant who makes a false statement or representation without a good faith
belief as to the correctness of the statement or representation in order to obtain or in an
attempt to obtain benefits may be assessed, in addition to any other penalties, an
administrative penalty of being ineligible for benefits for 13 to 104 weeks.
new text end

new text begin (b) A determination of ineligibility setting out the weeks the applicant is ineligible must
be sent to the applicant by mail or electronic transmission. The department is authorized to
issue a determination of ineligibility under this subdivision within 48 months of the
establishment of the benefit account upon which the benefits were obtained, or attempted
to be obtained. Unless an appeal is filed within 20 calendar days of sending, the determination
is final. Proceedings on the appeal are conducted in accordance with section 268B.08.
new text end

Sec. 28.

new text begin [268B.20] EMPLOYER MISCONDUCT; PENALTY.
new text end

new text begin (a) The commissioner must penalize an employer if that employer or any employee,
officer, or agent of that employer is in collusion with any applicant for the purpose of
assisting the applicant in receiving benefits fraudulently. The penalty is $500 or the amount
of benefits determined to be overpaid, whichever is greater.
new text end

new text begin (b) The commissioner must penalize an employer if that employer or any employee,
officer, or agent of that employer:
new text end

new text begin (1) made a false statement or representation knowing it to be false;
new text end

new text begin (2) made a false statement or representation without a good-faith belief as to the
correctness of the statement or representation; or
new text end

new text begin (3) knowingly failed to disclose a material fact.
new text end

new text begin (c) The penalty is the greater of $500 or 50 percent of the following resulting from the
employer's action:
new text end

new text begin (1) the amount of any overpaid benefits to an applicant;
new text end

new text begin (2) the amount of benefits not paid to an applicant that would otherwise have been paid;
or
new text end

new text begin (3) the amount of any payment required from the employer under this chapter that was
not paid.
new text end

new text begin (d) Penalties must be paid within 30 calendar days of issuance of the determination of
penalty and credited to the account.
new text end

new text begin (e) The determination of penalty is final unless the employer files an appeal within 30
calendar days after the sending of the determination of penalty to the employer by United
States mail or electronic transmission.
new text end

Sec. 29.

new text begin [268B.21] RECORDS; AUDITS.
new text end

new text begin Subdivision 1. new text end

new text begin Employer records; audits. new text end

new text begin (a) Each employer must keep true and accurate
records on individuals performing services for the employer, containing the information
the commissioner may require under this chapter. The records must be kept for a period of
not less than four years in addition to the current calendar year.
new text end

new text begin (b) For the purpose of administering this chapter, the commissioner has the power to
audit, examine, or cause to be supplied or copied, any books, correspondence, papers,
records, or memoranda that are the property of, or in the possession of, an employer or any
other person at any reasonable time and as often as may be necessary. Subpoenas may be
issued under section 268B.22 as necessary, for an audit.
new text end

new text begin (c) An employer or other person that refuses to allow an audit of its records by the
department or that fails to make all necessary records available for audit in the state upon
request of the commissioner may be assessed an administrative penalty of $500. The penalty
collected is credited to the family and medical benefit insurance account.
new text end

new text begin (d) An employer, or other person, that fails to provide a weekly breakdown of money
earned by an applicant upon request of the commissioner, information necessary for the
detection of applicant misrepresentation under section ......., may be assessed an
administrative penalty of $100. Any notice requesting a weekly breakdown must clearly
state that a $100 penalty may be assessed for failure to provide the information. The penalty
collected is credited to the family and medical benefit insurance account.
new text end

new text begin Subd. 2. new text end

new text begin Department records; destruction. new text end

new text begin (a) The commissioner may make summaries,
compilations, duplications, or reproductions of any records pertaining to this chapter that
the commissioner considers advisable for the preservation of the information.
new text end

new text begin (b) Regardless of any law to the contrary, the commissioner may destroy any records
that are no longer necessary for the administration of this chapter. In addition, the
commissioner may destroy any record from which the information has been electronically
captured and stored.
new text end

Sec. 30.

new text begin [268B.22] SUBPOENAS; OATHS.
new text end

new text begin (a) The commissioner or benefit judge has authority to administer oaths and affirmations,
take depositions, certify to official acts, and issue subpoenas to compel the attendance of
individuals and the production of documents and other personal property necessary in
connection with the administration of this chapter.
new text end

new text begin (b) Individuals subpoenaed, other than applicants or officers and employees of an
employer that is the subject of the inquiry, are paid witness fees the same as witness fees
in civil actions in district court. The fees need not be paid in advance.
new text end

new text begin (c) The subpoena is enforceable through the district court in Ramsey County.
new text end

Sec. 31.

new text begin [268B.23] LIEN; LEVY; SETOFF; AND CIVIL ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Lien. new text end

new text begin (a) Any amount due under this chapter, from an applicant or an
employer, becomes a lien upon all the property, within this state, both real and personal, of
the person liable, from the date of assessment. For the purposes of this section, "date of
assessment" means the date the obligation was due.
new text end

new text begin (b) The lien is not enforceable against any purchaser, mortgagee, pledgee, holder of a
Uniform Commercial Code security interest, mechanic's lien, or judgment lien creditor,
until a notice of lien has been filed with the county recorder of the county where the property
is situated, or in the case of personal property belonging to a nonresident person in the Office
of the Secretary of State. When the notice of lien is filed with the county recorder, the fee
for filing and indexing is as provided in sections 272.483 and 272.484.
new text end

new text begin (c) Notices of liens, lien renewals, and lien releases, in a form prescribed by the
commissioner, may be filed with the county recorder or the secretary of state by mail,
personal delivery, or electronic transmission into the computerized filing system of the
secretary of state. The secretary of state must, on any notice filed with that office, transmit
the notice electronically to the appropriate county recorder. The filing officer, whether the
county recorder or the secretary of state, must endorse and index a printout of the notice as
if the notice had been mailed or delivered.
new text end

new text begin (d) County recorders and the secretary of state must enter information on lien notices,
renewals, and releases into the central database of the secretary of state. For notices filed
electronically with the county recorders, the date and time of receipt of the notice and county
recorder's file number, and for notices filed electronically with the secretary of state, the
secretary of state's recording information, must be entered into the central database before
the close of the working day following the day of the original data entry by the commissioner.
new text end

new text begin (e) The lien imposed on personal property, even though properly filed, is not enforceable
against a purchaser of tangible personal property purchased at retail or personal property
listed as exempt in sections 550.37, 550.38, and 550.39.
new text end

new text begin (f) A notice of lien filed has priority over any security interest arising under chapter 336,
article 9, that is perfected prior in time to the lien imposed by this subdivision, but only if:
new text end

new text begin (1) the perfected security interest secures property not in existence at the time the notice
of lien is filed; and
new text end

new text begin (2) the property comes into existence after the 45th calendar day following the day the
notice of lien is filed, or after the secured party has actual notice or knowledge of the lien
filing, whichever is earlier.
new text end

new text begin (g) The lien is enforceable from the time the lien arises and for ten years from the date
of filing the notice of lien. A notice of lien may be renewed before expiration for an additional
ten years.
new text end

new text begin (h) The lien is enforceable by levy under subdivision 2 or by judgment lien foreclosure
under chapter 550.
new text end

new text begin (i) The lien may be imposed upon property defined as homestead property in chapter
510 but may be enforced only upon the sale, transfer, or conveyance of the homestead
property.
new text end

new text begin (j) The commissioner may sell and assign to a third party the commissioner's right of
redemption in specific real property for liens filed under this subdivision. The assignee is
limited to the same rights of redemption as the commissioner, except that in a bankruptcy
proceeding, the assignee does not obtain the commissioner's priority. Any proceeds from
the sale of the right of redemption are credited to the contingent account.
new text end

new text begin Subd. 2. new text end

new text begin Levy. new text end

new text begin (a) If any amount due under this chapter, from an applicant or an employer,
is not paid when due, the amount may be collected by the commissioner by direct levy upon
all property and rights of property of the person liable for the amount due except property
exempt from execution under section 550.37. For the purposes of this section, "levy" includes
the power of distraint and seizure by any means.
new text end

new text begin (b) In addition to a direct levy, the commissioner may issue a warrant to the sheriff of
any county who must proceed within 60 calendar days to levy upon the property or rights
to property of the delinquent person within the county, except property exempt under section
550.37. The sheriff must sell that property necessary to satisfy the total amount due, together
with the commissioner's and sheriff's costs. The sales are governed by the law applicable
to sales of like property on execution of a judgment.
new text end

new text begin (c) Notice and demand for payment of the total amount due must be mailed to the
delinquent person at least ten calendar days before action being taken under paragraphs (a)
and (b).
new text end

new text begin (d) If the commissioner has reason to believe that collection of the amount due is in
jeopardy, notice and demand for immediate payment may be made. If the total amount due
is not paid, the commissioner may proceed to collect by direct levy or issue a warrant without
regard to the ten calendar day period.
new text end

new text begin (e) In executing the levy, the commissioner must have all of the powers provided in
chapter 550 or any other law that provides for execution against property in this state. The
sale of property levied upon and the time and manner of redemption is as provided in chapter
550. The seal of the court is not required. The levy may be made whether or not the
commissioner has commenced a legal action for collection.
new text end

new text begin (f) Where any assessment has been made by the commissioner, the property seized for
collection of the total amount due must not be sold until any determination of liability has
become final. No sale may be made unless a portion of the amount due remains unpaid for
a period of more than 30 calendar days after the determination of liability becomes final.
Seized property may be sold at any time if:
new text end

new text begin (1) the delinquent person consents in writing to the sale; or
new text end

new text begin (2) the commissioner determines that the property is perishable or may become greatly
reduced in price or value by keeping, or that the property cannot be kept without great
expense.
new text end

new text begin (g) Where a levy has been made to collect the amount due and the property seized is
properly included in a formal proceeding commenced under sections 524.3-401 to 524.3-505
and maintained under full supervision of the court, the property may not be sold until the
probate proceedings are completed or until the court orders.
new text end

new text begin (h) The property seized must be returned if the owner:
new text end

new text begin (1) gives a surety bond equal to the appraised value of the owner's interest in the property,
as determined by the commissioner; or
new text end

new text begin (2) deposits with the commissioner security in a form and amount the commissioner
considers necessary to insure payment of the liability.
new text end

new text begin (i) If a levy or sale would irreparably injure rights in property that the court determines
superior to rights of the state, the court may grant an injunction to prohibit the enforcement
of the levy or to prohibit the sale.
new text end

new text begin (j) Any person who fails or refuses to surrender without reasonable cause any property
or rights to property subject to levy is personally liable in an amount equal to the value of
the property or rights not so surrendered, but not exceeding the amount due.
new text end

new text begin (k) If the commissioner has seized the property of any individual, that individual may,
upon giving 48 hours notice to the commissioner and to the court, bring a claim for equitable
relief before the district court for the release of the property upon terms and conditions the
court considers equitable.
new text end

new text begin (l) Any person in control or possession of property or rights to property upon which a
levy has been made who surrenders the property or rights to property, or who pays the
amount due is discharged from any obligation or liability to the person liable for the amount
due with respect to the property or rights to property.
new text end

new text begin (m) The notice of any levy may be served personally or by mail.
new text end

new text begin (n) The commissioner may release the levy upon all or part of the property or rights to
property levied upon if the commissioner determines that the release will facilitate the
collection of the liability, but the release does not prevent any subsequent levy. If the
commissioner determines that property has been wrongfully levied upon, the commissioner
must return:
new text end

new text begin (1) the specific property levied upon, at any time; or
new text end

new text begin (2) an amount of money equal to the amount of money levied upon, at any time before
the expiration of nine months from the date of levy.
new text end

new text begin (o) Regardless of section 52.12, a levy upon a person's funds on deposit in a financial
institution located in this state, has priority over any unexercised right of setoff of the
financial institution to apply the levied funds toward the balance of an outstanding loan or
loans owed by the person to the financial institution. A claim by the financial institution
that it exercised its right to setoff before the levy must be substantiated by evidence of the
date of the setoff, and verified by an affidavit from a corporate officer of the financial
institution. For purposes of determining the priority of any levy under this subdivision, the
levy is treated as if it were an execution under chapter 550.
new text end

new text begin Subd. 3. new text end

new text begin Right of setoff. new text end

new text begin (a) Upon certification by the commissioner to the commissioner
of management and budget, or to any state agency that disburses its own funds, that a person,
applicant, or employer has a liability under this chapter, and that the state has purchased
personal services, supplies, contract services, or property from that person, the commissioner
of management and budget or the state agency must set off and pay to the commissioner an
amount sufficient to satisfy the unpaid liability from funds appropriated for payment of the
obligation of the state otherwise due the person. No amount may be set off from any funds
exempt under section 550.37 or funds due an individual who receives assistance under
chapter 256.
new text end

new text begin (b) All funds, whether general or dedicated, are subject to setoff.
new text end

new text begin (c) Regardless of any law to the contrary, the commissioner has first priority to setoff
from any funds otherwise due from the department to a delinquent person.
new text end

new text begin Subd. 4. new text end

new text begin Collection by civil action. new text end

new text begin (a) Any amount due under this chapter, from an
applicant or employer, may be collected by civil action in the name of the state of Minnesota.
Civil actions brought under this subdivision must be heard as provided under section 16D.14.
In any action, judgment must be entered in default for the relief demanded in the complaint
without proof, together with costs and disbursements, upon the filing of an affidavit of
default.
new text end

new text begin (b) Any person that is not a resident of this state and any resident person removed from
this state, is considered to appoint the secretary of state as its agent for the acceptance of
process in any civil action. The commissioner must file process with the secretary of state,
together with a payment of a fee of $15 and that service is considered sufficient service and
has the same force and validity as if served personally within this state. Notice of the service
of process, together with a copy of the process, must be sent by certified mail to the person's
last known address. An affidavit of compliance with this subdivision, and a copy of the
notice of service must be appended to the original of the process and filed in the court.
new text end

new text begin (c) No court filing fees, docketing fees, or release of judgment fees may be assessed
against the state for actions under this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Injunction forbidden. new text end

new text begin No injunction or other legal action to prevent the
determination, assessment, or collection of any amounts due under this chapter, from an
applicant or employer, are allowed.
new text end

Sec. 32.

new text begin [268B.24] CONCILIATION SERVICES.
new text end

new text begin The Department of Labor and Industry may offer conciliation services to employers and
employees to resolve disputes concerning alleged violations of employment protections
identified in section 268B.09.
new text end

Sec. 33.

new text begin [268B.25] ANNUAL REPORTS.
new text end

new text begin (a) Beginning on or before December 1, 2023, the commissioner must annually report
to the Department of Management and Budget and the house of representatives and senate
committee chairs with jurisdiction over this chapter on program administrative expenditures
and revenue collection for the prior fiscal year, including but not limited to:
new text end

new text begin (1) total revenue raised through premium collection;
new text end

new text begin (2) the number of self-employed individuals or independent contractors electing coverage
under section 268B.11 and amount of associated revenue;
new text end

new text begin (3) the number of covered business entities paying premiums under this chapter and
associated revenue;
new text end

new text begin (4) administrative expenditures including transfers to other state agencies expended in
the administration of the chapter;
new text end

new text begin (5) summary of contracted services expended in the administration of this chapter;
new text end

new text begin (6) grant amounts and recipients under section .......;
new text end

new text begin (7) an accounting of required outreach expenditures;
new text end

new text begin (8) summary of private plan approvals including the number of employers and employees
covered under private plans; and
new text end

new text begin (9) adequacy and use of the private plan approval and oversight fee.
new text end

new text begin (b) Beginning on or before December 1, 2023, the commissioner must annually publish
a publicly available report providing the following information for the previous fiscal year:
new text end

new text begin (1) total eligible claims;
new text end

new text begin (2) the number and percentage of claims attributable to each category of benefit;
new text end

new text begin (3) claimant demographics by age, gender, average weekly wage, occupation, and the
type of leave taken;
new text end

new text begin (4) the percentage of claims denied and the reasons therefor, including but not limited
to insufficient information and ineligibility and the reason therefor;
new text end

new text begin (5) average weekly benefit amount paid for all claims and by category of benefit;
new text end

new text begin (6) changes in the benefits paid compared to previous fiscal years;
new text end

new text begin (7) processing times for initial claims processing, initial determinations, and final
decisions;
new text end

new text begin (8) average duration for cases completed; and
new text end

new text begin (9) the number of cases remaining open at the close of such year.
new text end

Sec. 34.

new text begin [268B.26] NOTICE REQUIREMENTS.
new text end

new text begin (a) Each employer must post in a conspicuous place on each of its premises a workplace
notice prepared or approved by the commissioner providing notice of benefits available
under this chapter. The required workplace notice must be in English and each language
other than English which is the primary language of five or more employees or independent
contractors of that workplace, if such notice is available from the department.
new text end

new text begin (b) Each employer must issue to each employee not more than 30 days from the beginning
date of the employee's employment, or 30 days before premium collection begins, whichever
is later, the following written information provided or approved by the department in the
primary language of the employee:
new text end

new text begin (1) an explanation of the availability of family and medical leave benefits provided under
this chapter, including rights to reinstatement and continuation of health insurance;
new text end

new text begin (2) the amount of premium deductions made by the employer under this chapter;
new text end

new text begin (3) the employer's premium amount and obligations under this chapter;
new text end

new text begin (4) the name and mailing address of the employer;
new text end

new text begin (5) the identification number assigned to the employer by the department;
new text end

new text begin (6) instructions on how to file a claim for family and medical leave benefits;
new text end

new text begin (7) the mailing address, e-mail address, and telephone number of the department; and
new text end

new text begin (8) any other information required by the department.
new text end

new text begin Delivery is made when an employee provides written acknowledgment of receipt of the
information, or signs a statement indicating the employee's refusal to sign such
acknowledgment.
new text end

new text begin (c) Each employer shall provide to each independent contractor with whom it contracts,
at the time such contract is made or, for existing contracts, within 30 days of the effective
date of this section, the following written information provided or approved by the department
in the self-employed individual's primary language:
new text end

new text begin (1) the address and telephone number of the department; and
new text end

new text begin (2) any other information required by the department.
new text end

new text begin (d) An employer that fails to comply with this subdivision may be issued, for a first
violation, a civil penalty of $50 per employee and per independent contractor with whom
it has contracted, and for each subsequent violation, a civil penalty of $300 per employee
or self-employed individual with whom it has contracted. The employer shall have the
burden of demonstrating compliance with this section.
new text end

new text begin (e) Employer notice to an employee under this section may be provided in paper or
electronic format. For notice provided in electronic format only, the employer must provide
employee access to an employer-owned computer during an employee's regular working
hours to review and print required notices.
new text end

Sec. 35.

new text begin [268B.27] RELATIONSHIP TO OTHER LEAVE; CONSTRUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Concurrent leave. new text end

new text begin An employer may require leave taken under this
chapter to run concurrently with leave taken for the same purpose under section 181.941
or the Family and Medical Leave Act, United States Code, title 29, sections 2601 to 2654,
as amended.
new text end

new text begin Subd. 2. new text end

new text begin Construction. new text end

new text begin Nothing in this chapter shall be construed to:
new text end

new text begin (1) allow an employer to compel an employee to exhaust accumulated sick, vacation,
or personal time before or while taking leave under this chapter;
new text end

new text begin (2) prohibit an employer from providing additional benefits, including but not limited
to covering the portion of earnings not provided under this chapter during periods of leave
covered under this chapter; or
new text end

new text begin (3) limit the parties to a collective bargaining agreement from bargaining and agreeing
with respect to leave benefits and related procedures and employee protections that meet
or exceed, and do not otherwise conflict with, the minimum standards and requirements in
this chapter.
new text end

Sec. 36.

new text begin [268B.28] SEVERABLE.
new text end

new text begin If the United States Department of Labor or a court of competent jurisdiction determines
that any provision of the family and medical benefit insurance program under this chapter
is not in conformity with, or is inconsistent with, the requirements of federal law, the
provision has no force or effect. If only a portion of the provision, or the application to any
person or circumstances, is determined not in conformity, or determined inconsistent, the
remainder of the provision and the application of the provision to other persons or
circumstances are not affected.
new text end

Sec. 37.

new text begin [268B.29] SMALL BUSINESS ASSISTANCE GRANTS.
new text end

new text begin (a) Employers with 50 or fewer employees may apply to the department for grants under
this section.
new text end

new text begin (b) The commissioner may approve a grant of up to $3,000 if the employer hires a
temporary worker to replace an employee on family or medical leave for a period of seven
days or more.
new text end

new text begin (c) For an employee's family or medical leave, the commissioner may approve a grant
of up to $1,000 as reimbursement for significant additional wage-related costs due to the
employee's leave.
new text end

new text begin (d) To be eligible for consideration for a grant under this section, the employer must
provide the department written documentation showing the temporary worker hired or
significant wage-related costs incurred are due to an employee's use of leave under this
chapter.
new text end

new text begin (e) The grants under this section may be funded from the account.
new text end

new text begin (f) For the purposes of this section, the commissioner shall average the number of
employees reported by an employer over the last four completed calendar quarters to
determine the size of the employer.
new text end

new text begin (g) An employer who has an approved private plan is not eligible to receive a grant under
this section.
new text end

new text begin (h) The commissioner may award grants under this section only up to a maximum of
$5,000,000 per calendar year.
new text end

Sec. 38. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall make necessary changes in statutory cross-references to
accommodate the changes made in this act. If necessary, the revisor shall prepare a bill for
introduction in the 2022 legislative session to make other necessary conforming changes
that are beyond the scope of the revisor's authority to make editorial changes under this
section or other law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 39. new text beginEFFECTIVE DATES.
new text end

new text begin (a) Benefits under Minnesota Statutes, chapter 268B, shall not be applied for or paid
until January 1, 2024, and thereafter.
new text end

new text begin (b) Sections 1, 2, 4, 5, and 6 are effective July 1, 2021.
new text end

new text begin (c) Section 15 is effective July 1, 2022.
new text end

new text begin (d) Sections 3, 17, 18, 22, 23, 24, and 26 are effective January 1, 2023.
new text end

new text begin (e) Sections 19, 21, 25, and 29 are effective January 1, 2023.
new text end

new text begin (f) Sections 7, 8, 9, 10, 11, 12, 13, 14, 16, 27, and 28 are effective January 1, 2024.
new text end

ARTICLE 4

FAMILY AND MEDICAL LEAVE BENEFIT AS EARNINGS

Section 1.

Minnesota Statutes 2020, section 256J.561, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Parents receiving family and medical leave benefits. new text end

new text begin A parent who meets
the criteria under subdivision 2 and who receives benefits under chapter 268B is not required
to participate in employment services.
new text end

Sec. 2.

Minnesota Statutes 2020, section 256J.95, subdivision 3, is amended to read:


Subd. 3.

Eligibility for diversionary work program.

(a) Except for the categories of
family units listed in clauses (1) to (8), all family units who apply for cash benefits and who
meet MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and must
participate in the diversionary work program. Family units or individuals that are not eligible
for the diversionary work program include:

(1) child only cases;

(2) single-parent family units that include a child under 12 months of age. A parent is
eligible for this exception once in a parent's lifetime;

(3) family units with a minor parent without a high school diploma or its equivalent;

(4) family units with an 18- or 19-year-old caregiver without a high school diploma or
its equivalent who chooses to have an employment plan with an education option;

(5) family units with a caregiver who received DWP benefits within the 12 months prior
to the month the family applied for DWP, except as provided in paragraph (c);

(6) family units with a caregiver who received MFIP within the 12 months prior to the
month the family applied for DWP;

(7) family units with a caregiver who received 60 or more months of TANF assistance;
deleted text begin and
deleted text end

(8) family units with a caregiver who is disqualified from the work participation cash
benefit program, DWP, or MFIP due to frauddeleted text begin.deleted text endnew text begin; and
new text end

new text begin (9) single-parent family units where a parent is receiving family and medical leave
benefits under chapter 268B.
new text end

(b) A two-parent family must participate in DWP unless both caregivers meet the criteria
for an exception under paragraph (a), clauses (1) through (5), or the family unit includes a
parent who meets the criteria in paragraph (a), clause (6), (7), or (8).

(c) Once DWP eligibility is determined, the four months run consecutively. If a participant
leaves the program for any reason and reapplies during the four-month period, the county
must redetermine eligibility for DWP.

Sec. 3.

Minnesota Statutes 2020, section 256J.95, subdivision 11, is amended to read:


Subd. 11.

Universal participation required.

(a) All DWP caregivers, except caregivers
who meet the criteria in paragraph (d), are required to participate in DWP employment
services. Except as specified in paragraphs (b) and (c), employment plans under DWP must,
at a minimum, meet the requirements in section 256J.55, subdivision 1.

(b) A caregiver who is a member of a two-parent family that is required to participate
in DWP who would otherwise be ineligible for DWP under subdivision 3 may be allowed
to develop an employment plan under section 256J.521, subdivision 2, that may contain
alternate activities and reduced hours.

(c) A participant who is a victim of family violence shall be allowed to develop an
employment plan under section 256J.521, subdivision 3. A claim of family violence must
be documented by the applicant or participant by providing a sworn statement which is
supported by collateral documentation in section 256J.545, paragraph (b).

(d) One parent in a two-parent family unit deleted text beginthat has a natural born child under 12 months
of age
deleted text end is not required to have an employment plan deleted text beginuntil the child reaches 12 months of age
unless the family unit has already used the exclusion under section 256J.561, subdivision
3
, or the previously allowed child under age one exemption under section 256J.56, paragraph
(a), clause (5).
deleted text endnew text begin if that parent:
new text end

new text begin (1) receives family and medical leave benefits under chapter 268B; or
new text end

new text begin (2) has a natural born child under 12 months of age until the child reaches 12 months
of age unless the family unit has already used the exclusion under section 256J.561,
subdivision 3, or the previously allowed child under age one exemption under section
256J.56, paragraph (a), clause (5).
new text end

(e) The provision in paragraph (d) ends the first full month after the child reaches 12
months of age. This provision is allowable only once in a caregiver's lifetime. In a two-parent
household, only one parent shall be allowed to use this category.

(f) The participant and job counselor must meet in the month after the month the child
reaches 12 months of age to revise the participant's employment plan. The employment plan
for a family unit that has a child under 12 months of age that has already used the exclusion
in section 256J.561 must be tailored to recognize the caregiving needs of the parent.

Sec. 4.

Minnesota Statutes 2020, section 256P.01, subdivision 3, is amended to read:


Subd. 3.

Earned income.

"Earned income" means cash or in-kind income earned through
the receipt of wages, salary, commissions, bonuses, tips, gratuities, profit from employment
activities, net profit from self-employment activities, payments made by an employer for
regularly accrued vacation or sick leave, severance pay based on accrued leave time, new text beginbenefits
paid under chapter 268B,
new text endpayments from training programs at a rate at or greater than the
state's minimum wage, royalties, honoraria, or other profit from activity that results from
the client's work, service, effort, or labor. The income must be in return for, or as a result
of, legal activity.

Sec. 5. new text beginEFFECTIVE DATES.
new text end

new text begin Sections 1 to 4 are effective July 1, 2024.
new text end

ARTICLE 5

APPROPRIATIONS

Section 1. new text beginFAMILY AND MEDICAL BENEFITS; APPROPRIATIONS.
new text end

new text begin (a) $10,828,000 in fiscal year 2022 is appropriated from the general fund to the
commissioner of employment and economic development for the purposes of Minnesota
Statutes, chapter 268B. This is a onetime appropriation. In fiscal year 2023, $23,250,000
is appropriated from the paid family medical leave account to the commissioner of
employment and economic development for the purposes of Minnesota Statutes, chapter
268B. The base for this appropriation is $51,041,000 in fiscal year 2024 and $50,125,000
in fiscal year 2025. Starting in fiscal year 2026, the base for this appropriation is $46,465,000.
new text end

new text begin (b) In fiscal year 2023, $630,000 is appropriated from the general fund to the
commissioner of employment and economic development for the purpose of outreach,
education, and technical assistance for employees and employers regarding Minnesota
Statutes, chapter 268B. This appropriation is onetime. In fiscal year 2024, $630,000 is
appropriated from the paid family medical leave account to the commissioner of employment
and economic development for the purpose of outreach, education, and technical assistance
for employees and employers regarding Minnesota Statutes, chapter 268B. Of the amount
appropriated, at least half must be used for grants to community-based groups providing
outreach, education, and technical assistance for employees, employers, and self-employed
individuals regarding Minnesota Statutes, chapter 268B. Outreach must include efforts to
notify self-employed individuals of their ability to elect coverage under Minnesota Statutes,
section 268B.11, and provide them with technical assistance in doing so.
new text end

new text begin (c) $528,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of labor and industry for the purposes of Minnesota Statutes, chapter 268B. This appropriation
is onetime. From the paid family medical leave account, $518,000 is appropriated in fiscal
year 2023, $468,000 is appropriated in fiscal year 2024, and $618,000 is appropriated in
fiscal year 2025 to the commissioner of labor and industry for the purposes of Minnesota
Statutes, chapter 268B.
new text end

new text begin (d) $574,000 in fiscal year 2023 is appropriated from the paid family medical leave
account to the commissioner of human services for information technology system costs
associated with Minnesota Statutes, chapter 268B. This appropriation is onetime.
new text end

new text begin (e) $28,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of management and budget for information technology systems upgrades necessary to
comply with Minnesota Statutes, chapter 268B. This appropriation is onetime. From the
paid family medical leave account, $23,000 is appropriated in fiscal year 2023 for ongoing
maintenance of these systems. The base for this appropriation is $13,000.
new text end

new text begin (f) $1,930,000 in fiscal year 2023 is appropriated from the general fund to the
commissioner of management and budget for the premiums and notice acknowledgement
required of employers under Minnesota Statutes, chapter 268B. The base for this
appropriation is $3,727,000.
new text end

new text begin (g) $11,000 in fiscal year 2022 is appropriated from the general fund to the legislative
coordinating commission for systems upgrades necessary to comply with Minnesota Statutes,
chapter 268B. This appropriation is onetime.
new text end

new text begin (h) $20,000 in fiscal year 2022 is appropriated from the general fund to the supreme
court for judicial responsibilities associated with Minnesota Statutes, chapter 268B. This is
a onetime appropriation.
new text end

new text begin (i) $5,600,000 in fiscal year 2025 is appropriated from the paid family medical leave
account to the court of appeals for judicial responsibilities associated with Minnesota Statutes,
chapter 268B.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 2. new text beginFAMILY AND MEDICAL BENEFITS; TRANSFER.
new text end

new text begin In fiscal year 2023 only, $11,416,000 shall be transferred from the paid family medical
leave account to the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

ARTICLE 6

DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT

Section 1.

Minnesota Statutes 2020, section 116J.035, subdivision 6, is amended to read:


Subd. 6.

Receipt of gifts, money; appropriation.

(a) The commissioner may:

(1) apply for, accept, and disburse gifts, bequests, grants, payments for services, loans,
or other property from the United States, the state, private foundations, or any other source;

(2) enter into an agreement required for the gifts, grants, or loans; and

(3) hold, use, and dispose of its assets according to the terms of the gift, grant, loan, or
agreement.

(b) Money received by the commissioner under this subdivision must be deposited in a
separate account in the state treasury and invested by the State Board of Investment. The
amount deposited, including investment earnings, is appropriated to the commissioner to
carry out duties under this section.

new text begin (c) Money received by the commissioner under this subdivision for State Services for
the Blind is exempt from depositing gifts, bequests, charitable contributions, and similar
contributions made solely into the state treasury.
new text end

Sec. 2.

Minnesota Statutes 2020, section 116L.02, is amended to read:


116L.02 JOB SKILLS PARTNERSHIP PROGRAM.

deleted text begin (a)deleted text end The Minnesota Job Skills Partnership program is created to act as a catalyst to bring
together employers with specific training needs with educational or other nonprofit
institutions which can design programs to fill those needs. The partnership shall work closely
with employers to prepare, train and place prospective or incumbent workers in identifiable
positions as well as assisting educational or other nonprofit institutions in developing training
programs that coincide with current and future employer requirements. The partnership
shall provide grants to educational or other nonprofit institutions for the purpose of training
workers. A participating business must match the grant-in-aid made by the Minnesota Job
Skills Partnership. The match may be in the form of funding, equipment, or faculty.

deleted text begin (b) The partnership program is authorized to use funds to pay for training for individuals
who have incomes at or below 200 percent of the federal poverty line. The board may grant
funds to eligible recipients to pay for board-certified training. Eligible recipients of grants
may include public, private, or nonprofit entities that provide employment services to
low-income individuals.
deleted text end

Sec. 3.

Minnesota Statutes 2020, section 116L.03, subdivision 1, is amended to read:


Subdivision 1.

Members.

The partnership shall be governed by a board of deleted text begin12deleted text endnew text begin 13new text end directors.

Sec. 4.

Minnesota Statutes 2020, section 116L.03, subdivision 2, is amended to read:


Subd. 2.

Appointment.

The Minnesota Job Skills Partnership Board consists of: deleted text beginsevendeleted text endnew text begin
eight
new text end members appointed by the governor, the commissioner of employment and economic
development, the chancellor, or the chancellor's designee, of the Minnesota State Colleges
and Universities, the president, or the president's designee, of the University of Minnesota,
and two nonlegislator members, one appointed by the Subcommittee on Committees of the
senate Committee on Rules and Administration and one appointed by the speaker of the
house. If the chancellor or the president of the university makes a designation under this
subdivision, the designee must have experience in technical education. Four of the appointed
members must be members of the governor's Workforce Development Board, of whom two
must represent organized labor and two must represent business and industry. deleted text beginOne of the
appointed members must be a representative of a nonprofit organization that provides
workforce development or job training services.
deleted text endnew text begin Two of the members must be from
community-based organizations that have demonstrated experience and expertise in
addressing the employment, training, or education needs of individuals or communities
facing barriers to employment.
new text end

Sec. 5.

Minnesota Statutes 2020, section 116L.03, subdivision 3, is amended to read:


Subd. 3.

Qualifications.

Members must have expertise in, and be representative of new text beginone
of
new text endthe following fields deleted text beginofdeleted text endnew text begin:new text end education, job skills training, labor, business, deleted text beginanddeleted text endnew text begin ornew text end government.

Sec. 6.

Minnesota Statutes 2020, section 116L.05, subdivision 5, is amended to read:


Subd. 5.

Use of workforce development funds.

new text begin(a) new text endAfter March 1 of any fiscal year,
the board deleted text beginmaydeleted text endnew text begin shallnew text end use workforce development funds for the purposes outlined in sections
116L.02 and 116L.04, or to provide incumbent worker training services under section
116L.18 new text beginor for opportunity response fund training programs in section 116L.051 new text endif the
following conditions have been met:

(1) the board examines relevant economic indicators, including the projected number
of layoffs for the remainder of the fiscal year and the next fiscal year, evidence of declining
and expanding industries, the number of initial applications for and the number of exhaustions
of unemployment benefitsnew text begin disaggregated by race and ethnicitynew text end, job vacancy data, and any
additional relevant information brought to the board's attention;

(2) the board accounts for all allocations made in section 116L.17, subdivision 2;

(3) based on the past expenditures and projected revenue, the board estimates future
funding needs for services under section 116L.17 for the remainder of the current fiscal
year and the next fiscal year;

(4) the board determines there will be unspent funds after meeting the needs of dislocated
workers in the current fiscal year and there will be sufficient revenue to meet the needs of
dislocated workers in the next fiscal year; and

(5) the board reports its findings in clauses (1) to (4) to the chairs of legislative
committees with jurisdiction over the workforce development fund, to the commissioners
of revenue and management and budget, and to the public.

new text begin (b) The board shall transfer a minimum of 50 percent and up to a maximum of 70 percent
of the unspent funds for the purposes outlined in sections 116L.02 and 116L.04, to provide
incumbent worker training services under section 116L.18, or for opportunity response fund
training programs in section 116L.051.
new text end

Sec. 7.

new text begin [116L.051] OPPORTUNITY RESPONSE FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Fund created. new text end

new text begin Of the money deposited in the workforce development
fund, five percent is for the opportunity response fund for administration of a competitive
grant program for employment and training services to ethnic populations experiencing
high unemployment rates. Of this amount, up to five percent is available for administration
and monitoring of the services.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the opportunity response fund is to provide training
grants targeted toward an identified gap in the workforce, including supportive services.
The job skills partnership board shall establish criteria for opportunity response fund grants
under this section and may encourage creative training models, innovative partnerships,
and the expansion or replication of promising practices. Preference shall be given to
organizations with a demonstrated history with successful outcomes for individuals who
are Black, Indigenous, or People of Color.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given them.
new text end

new text begin (b) "Demonstrated successful outcomes for individuals who are Black, Indigenous, or
People of Color" means the organization provides evidence of quantitative program outcomes
of training completion and job placement outcomes for individuals who are Black,
Indigenous, or People of Color that are more successful compared to other organizations
who serve similar populations.
new text end

new text begin (c) "Eligible organization" means a state or local government unit, nonprofit organization,
community action agency, business organization or association, or labor organization.
new text end

new text begin (d) "Identified gap" means a population defined by age, race, ethnicity, gender, education
level, geography, or other identifying characteristic, which is experiencing high
unemployment and significant structural barriers to employment.
new text end

new text begin Subd. 4. new text end

new text begin Amount of grants. new text end

new text begin A grant to an eligible organization must not exceed $500,000.
new text end

new text begin Subd. 5. new text end

new text begin Use of funds. new text end

new text begin Eligible organizations shall use funds granted under this section
for direct training and support services to provide career-related skills to populations with
high unemployment rates and facing significant barriers to employment.
new text end

new text begin Subd. 6. new text end

new text begin Performance outcome measures. new text end

new text begin Reporting and performance outcomes for
this program must comply with the requirements under section 116L.98.
new text end

Sec. 8.

Minnesota Statutes 2020, section 116L.17, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have
the meanings given them in this subdivision.

(b) "Commissioner" means the commissioner of employment and economic development.

(c) "Dislocated worker" means an individual who is a resident of Minnesota at the time
employment ceased or was working in the state at the time employment ceased and:

(1) has been new text begintemporarily or new text endpermanently separated or has received a notice of new text begintemporary
or
new text endpermanent separation from public or private sector employment and is eligible for or has
exhausted entitlement to unemployment benefitsdeleted text begin, and is unlikely to return to the previous
industry or occupation
deleted text end;

deleted text begin (2) has been long-term unemployed and has limited opportunities for employment or
reemployment in the same or a similar occupation in the area in which the individual resides,
including older individuals who may have substantial barriers to employment by reason of
age;
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end has been terminated or has received a notice of termination of employment as a
result of a plant closing or a substantial layoff at a plant, facility, or enterprise;

deleted text begin (4)deleted text endnew text begin (3)new text end has been self-employed, including farmers and ranchers, and is unemployed as
a result of general economic conditions in the community in which the individual resides
or because of natural disasters;

deleted text begin (5)deleted text endnew text begin (4)new text end is a veteran as defined by section 197.447, has been discharged or released from
active duty under honorable conditions within the last 36 months, and (i) is unemployed or
(ii) is employed in a job verified to be below the skill level and earning capacity of the
veteran;

deleted text begin (6)deleted text endnew text begin (5)new text end is an individual determined by the United States Department of Labor to be
covered by trade adjustment assistance under United States Code, title 19, sections 2271 to
2331, as amended; or

deleted text begin (7)deleted text endnew text begin (6)new text end is a displaced homemaker. A "displaced homemaker" is an individual who has
spent a substantial number of years in the home providing homemaking service and (i) has
been dependent upon the financial support of another; and now due to divorce, separation,
death, or disability of that person, must find employment to self support; or (ii) derived the
substantial share of support from public assistance on account of dependents in the home
and no longer receives such support. To be eligible under this clause, the support must have
ceased while the worker resided in Minnesota.

For the purposes of this section, "dislocated worker" does not include an individual who
was an employee, at the time employment ceased, of a political committee, political fund,
principal campaign committee, or party unit, as those terms are used in chapter 10A, or an
organization required to file with the federal elections commission.

(d) "Eligible organization" means a state or local government unit, nonprofit organization,
community action agency, business organization or association, or labor organization.

(e) "Plant closing" means the announced or actual permanent shutdown of a single site
of employment, or one or more facilities or operating units within a single site of
employment.

(f) "Substantial layoff" means a permanent reduction in the workforce, which is not a
result of a plant closing, and which results in an employment loss at a single site of
employment during any 30-day period for at least 50 employees excluding those employees
that work less than 20 hours per week.

Sec. 9.

Minnesota Statutes 2020, section 116L.17, subdivision 4, is amended to read:


Subd. 4.

Use of funds.

Funds granted by the board under this section may be used for
any combination of the following, except as otherwise provided in this section:

(1) employment transition services such as developing readjustment plans for individuals;
outreach and intake; early readjustment; job or career counseling; testing; orientation;
assessment of skills and aptitudes; provision of occupational and labor market information;
job placement assistance; job search; job development; prelayoff assistance; relocation
assistance; programs provided in cooperation with employers or labor organizations to
provide early intervention in the event of plant closings or substantial layoffs; and
entrepreneurial training and business consulting;

(2) support services, including assistance to help the participant relocate to employ
existing skills; out-of-area job search assistance; family care assistance, including child
care; deleted text begincommutingdeleted text endnew text begin transportationnew text end assistance; emergency housing and rental assistance;
counseling assistance, including personal and financial; health care; emergency health
assistance; emergency financial assistance; work-related tools and clothing; and other
appropriate support services that enable a person to participate in an employment and training
program with the goal of reemployment;

(3) specific, short-term training to help the participant enhance current skills in a similar
occupation or industry; entrepreneurial training, customized training, or on-the-job training;
basic and remedial education to enhance current skills; and literacy and work-related English
training for non-English speakers;

(4) long-term training in a new occupation or industry, including occupational skills
training or customized training in an accredited program recognized by one or more relevant
industries. Long-term training shall only be provided to dislocated workers whose skills are
obsolete and who have no other transferable skills likely to result in employment at a
comparable wage rate. Training shall only be provided for occupations or industries with
reasonable expectations of job availability based on the service provider's thorough
assessment of local labor market information where the individual currently resides or is
willing to relocate. This clause shall not restrict training in personal services or other such
industries; and

(5) direct training services to provide a measurable increase in the job-related skills of
participating incumbent workers, including basic assessment, counseling, and preemployment
training services requested by the qualifying employer.

Sec. 10.

Minnesota Statutes 2020, section 116L.20, subdivision 2, is amended to read:


Subd. 2.

Disbursement of special assessment funds.

(a) The money collected under
this section shall be deposited in the state treasury and credited to the workforce development
fund to provide for employment and training programs. The workforce development fund
is created as a special account in the state treasury.

(b) deleted text beginAll money in the fund not otherwise appropriated or transferred is appropriated to
the Job Skills Partnership Board for the purposes of section 116L.17 and as provided for in
paragraph (d).
deleted text endnew text begin Of the money not otherwise appropriated or transferred, 65 percent of the
amount deposited shall be appropriated to the commissioner for workforce development
grants in paragraphs (c) to (i). 30 percent of the amount deposited shall be appropriated to
the Job Skills Partnership Board for the purposes of section 116L.17. Five percent shall be
appropriated to the Job Skills Partnership Board for the purposes of section 116L.02, 116L.04,
or the opportunity response fund in section 116L.051.
new text end The board must act as the fiscal agent
for the money and must disburse that money for the purposes of section 116L.17, not
allowing the money to be used for any other obligation of the state. All money in the
workforce development fund shall be deposited, administered, and disbursed in the same
manner and under the same conditions and requirements as are provided by law for the
other special accounts in the state treasury, except that all interest or net income resulting
from the investment or deposit of money in the fund shall accrue to the fund for the purposes
of the fund.

new text begin (c) Of the money appropriated to the commissioner under paragraph (b), the commissioner
shall retain 65 percent for workforce development grants. Of this amount, up to five percent
is for administration and monitoring of the program. The grants must be allocated to
maximize delivery to organizations with strong relationships with individuals who are Black,
Indigenous, or People of Color. Funding allocations must be spent consistent with the overall
geographic population distribution of the state. Preference or priority for funding awards
must be given to organizations with experience serving Black, Indigenous, and People of
Color communities with the greatest needs.
new text end

new text begin (d) Of the amount retained for workforce development grants, up to 80 percent of the
funds are for competitive grants for workforce development. Grants made from this paragraph
must fund workforce models that include full access, case management, career readiness,
hard skills development, support services, and placement. Grants must be made for the
following programs from this fund: sections 116L.362, 116L.561, 116L.562, 116L.96,
116L.981, and 116L.99.
new text end

new text begin (e)(1) When making competitive grants in paragraph (d) for adult grantees, the
commissioner shall benchmark outcomes against similar populations with similar barriers
to employment. The commissioner shall maximize leveraging funds from supportive services
grants so adult grantees can prioritize serving individuals with multiple barriers to
employment that may need additional assistance to sustain participation and completion in
training and transition into employment.
new text end

new text begin (2) The commissioner must consider the following outcomes for competitive grant
awards focused on adults:
new text end

new text begin (i) job placement and retention;
new text end

new text begin (ii) wage levels; and
new text end

new text begin (iii) credentials attainment.
new text end

new text begin (3) The commissioner must consider the following outcomes for competitive grant
awards focused on youth:
new text end

new text begin (i) work readiness;
new text end

new text begin (ii) credentials; and
new text end

new text begin (iii) placement.
new text end

new text begin (f) Of the amounts retained for workforce development grants, up to 30 percent of the
funds are for workforce development innovation grants. This funding must be used to try
new ideas and approaches and work with new and existing organizations with no previous
record of accomplishments with the department.
new text end

new text begin (g) Of the amount retained for workforce development grants, up to 20 percent of the
funds are for workforce development support services grants. This funding must be used
to provide nominal support services adjacent to employment and training services. Areas
for supportive services include but are not limited to: bridging the digital divide, child care,
capacity building, and driver's license assistance. A portion of these funds shall also be
allocated for capacity building competitive grants. Capacity building grants shall be awarded
to grantees to provide nonprofit capacity building grants to small, culturally specific
organizations that serve historically underserved cultural communities and have an annual
organizational budget of less than $500,000. Capacity building grants may be used for the
following purposes: organizational infrastructure improvement, organizational workforce
development, and the creation or expansion of partnerships.
new text end

deleted text begin (c)deleted text endnew text begin (h)new text end Reimbursement for costs related to collection of the special assessment shall be
in an amount negotiated between the commissioner and the United States Department of
Labor.

deleted text begin (d)deleted text endnew text begin (i)new text end If the board determines that the conditions of section 116L.05, subdivision 5, have
been met, the board may use funds for the purposes outlined in section 116L.04, or to provide
incumbent worker training services under section 116L.18.

Sec. 11.

Minnesota Statutes 2020, section 116L.40, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Automation technology. new text end

new text begin "Automation technology" means a process or
procedure performed with minimal human assistance. Automation or automatic control is
the use of various control systems for operating equipment such as machinery, processes
in factories, or other applications with minimal or reduced human intervention. Adoption,
implementation, and utilization of any one of three types of automation in production are
acceptable for consideration of this program, including fixed automation, programmable
automation, and flexible automation.
new text end

Sec. 12.

Minnesota Statutes 2020, section 116L.40, subdivision 5, is amended to read:


Subd. 5.

Employee.

"Employee" means the individual employed in a newnew text begin or existingnew text end
job.

Sec. 13.

Minnesota Statutes 2020, section 116L.40, subdivision 6, is amended to read:


Subd. 6.

Employer.

"Employer" means the individual, corporation, partnership, limited
liability company, or association providing new jobsnew text begin or investing in new automation
technology
new text end and entering into an agreement.

Sec. 14.

Minnesota Statutes 2020, section 116L.40, subdivision 9, is amended to read:


Subd. 9.

Program costs.

"Program costs" means all necessary and incidental costs of
providing program servicesdeleted text begin, except that program costs are increased by $1,000 per employee
for an individual with a disability
deleted text end. The term does not include the cost of purchasing equipment
to be owned or used by the training or educational institution or service.

Sec. 15.

Minnesota Statutes 2020, section 116L.40, subdivision 10, is amended to read:


Subd. 10.

Program services.

"Program services" means training and education
specifically directed to newnew text begin or existingnew text end jobs that are determined to be appropriate by the
commissioner, including in-house training; services provided by institutions of higher
education and federal, state, or local agencies; or private training or educational services.
Administrative services and assessment and testing costs are included.

Sec. 16.

Minnesota Statutes 2020, section 116L.41, subdivision 1, is amended to read:


Subdivision 1.

Service provision.

Upon request, the commissioner shall provide or
coordinate the provision of program services under sections 116L.40 to 116L.42 to a business
eligible for grants under new text beginthis new text endsection deleted text begin116L.42deleted text end. The commissioner shall specify the form of
and required information to be provided with applications for projects to be funded with
grants under new text beginthis new text endsection deleted text begin116L.42deleted text end.

Sec. 17.

Minnesota Statutes 2020, section 116L.41, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Job training incentive program. new text end

new text begin (a) The commissioner may provide grants
in aid of up to $200,000 to new or expanding employers at a location in Minnesota and
outside of the metropolitan area, as defined in section 473.121, subdivision 2, for the
provision of program services using the guidelines in this subdivision.
new text end

new text begin (b) The program must involve training and education specifically directed to new jobs
that are determined to be appropriate by the commissioner.
new text end

new text begin (c) The program must give preference to projects that provide training for economically
disadvantaged people, people of color, or people with disabilities and to employers located
in economically distressed areas.
new text end

new text begin (d) Employers are eligible for reimbursement of program costs of up to $10,000 per new
job for which training is provided, with an additional $1,000 available per new job for an
individual with a disability.
new text end

Sec. 18.

Minnesota Statutes 2020, section 116L.41, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Automation incentive program. new text end

new text begin (a) The commissioner may provide grants
in aid of up to $35,000 to employers at a location in Minnesota outside of the metropolitan
area, as defined in section 473.121, subdivision 2, for the provision of program services
using the guidelines in this subdivision.
new text end

new text begin (b) The employer must be an existing business located in Minnesota that is in the
manufacturing or skilled assembly production industry and has 150 or fewer full-time
employees companywide.
new text end

new text begin (c) The employer must be invested in new automation technology within the past year
or plan to invest in new automation technology within the project time frame specified in
the agreement under subdivision 3.
new text end

new text begin (d) The program must involve training and education for full-time, permanent employees
that is directly related to the new automation technology.
new text end

new text begin (e) The program must give preference to projects that provide training for economically
disadvantaged people, people of color, or people with disabilities and to employers located
in economically distressed areas.
new text end

new text begin (f) Employers are eligible for program cost reimbursement of up to $5,000 per employee
trained on new automation technology and retained.
new text end

Sec. 19.

Minnesota Statutes 2020, section 116L.41, subdivision 2, is amended to read:


Subd. 2.

Agreements; required terms.

(a) The commissioner may enter into an
agreement to establish a project with an employer that:

(1) identifies program costs to be paid from sources under the program;

(2) identifies program costs to be paid by the employer;

(3) provides that on-the-job training costs for employees may not exceed 50 percent of
the annual gross wages and salaries of the new jobs in the first full year after execution of
the agreement up to a maximum of $10,000 per eligible employee;

(4) provides that each employee deleted text beginmust be paid wages at least equal to the median hourly
wage for the county in which the job is located, as reported in the most recently available
data from the United States Bureau of the Census, plus benefits, by the earlier of the end
of the training period or 18 months of employment under the project
deleted text endnew text begin receiving training
through the project must be paid wages of at least 120 percent of the federal poverty
guidelines for a family of four, plus benefits
new text end; and

(5) provides that job training will be provided and the length of time of training.

(b) Before entering into a final agreement, the commissioner shall:

(1) determine that sufficient funds for the project are available deleted text beginunder section 116L.42deleted text end;
and

(2) investigate the applicability of other training programs and determine whether the
job skills partnership grant program is a more suitable source of funding for the training
and whether the training can be completed in a timely manner that meets the needs of the
business.

The investigation under clause (2) must be completed within 15 days or as soon as
reasonably possible after the employer has provided the commissioner with all the requested
information.

Sec. 20.

Minnesota Statutes 2020, section 116L.42, subdivision 1, is amended to read:


Subdivision 1.

Recovery of program costs.

Amounts paid by employers for program
costs are repaid by a job training grant equal to the lesser of the following:

(1) the amount of program costs specified in the agreement for the project; or

(2) the amount of program costs paid by the employer for deleted text beginnewdeleted text endnew text begin trainingnew text end employees under
a project.

Sec. 21.

Minnesota Statutes 2020, section 116L.42, subdivision 2, is amended to read:


Subd. 2.

Reports.

(a) By February 1, deleted text begin2018deleted text endnew text begin 2024new text end, the commissioner shall report to the
governor and the legislature on the program. The report must include at least:

(1) the amount of grants issued under the program;

(2) the number of individuals receiving training under the program, including the number
of new hires who are individuals with disabilities;

(3) the number of new hires attributable to the program, including the number of new
hires who are individuals with disabilities;

(4) an analysis of the effectiveness of the grant in encouraging employmentnew text begin or investments
in automation technology
new text end; and

(5) any other information the commissioner determines appropriate.

(b) The report to the legislature must be distributed as provided in section 3.195.

Sec. 22.

Minnesota Statutes 2020, section 116L.98, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

The commissioner shall develop and implement a uniform
outcome measurement and reporting system for adult workforce-related programs funded
in whole or in part by state fundsnew text begin as well as for youth workforce-related programs funded
in whole or in part by state funds. Innovation grants and supportive service grants are exempt
from this reporting requirement
new text end. For the purpose of this section, "workforce-related programs"
means all education and training programs administered by the commissioner and includes
programs and services administered by the commissioner and provided to individuals
enrolled in adult basic education under section 124D.52 and the Minnesota family investment
program under chapter 256J.

Sec. 23.

Minnesota Statutes 2020, section 116L.98, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.

(b) "Credential" means postsecondary degrees, diplomas, licenses, and certificates
awarded in recognition of an individual's attainment of measurable technical or occupational
skills necessary to obtain employment or advance with an occupation. deleted text beginThis definition does
not include certificates awarded by workforce investment boards or work-readiness
certificates.
deleted text end

(c) "Exit" means to have not received service under a workforce program for 90
consecutive calendar days. The exit date is the last date of service.

(d) "Net impact" means the use of matched control groups and regression analysis to
estimate the impacts attributable to program participation net of other factors, including
observable personal characteristics and economic conditions.

new text begin (e) "Placement" means when a participant exits into unsubsidized employment,
postsecondary education, vocational or occupational skills training, a registered
apprenticeship, or the military.
new text end

deleted text begin (e)deleted text endnew text begin (f)new text end "Pre-enrollment" means the period of time before an individual was enrolled in
a workforce program.

Sec. 24.

Minnesota Statutes 2020, section 116L.98, subdivision 3, is amended to read:


Subd. 3.

Uniform outcome report card; reporting by commissioner.

(a) By December
31 of each even-numbered year, the commissioner must report to the chairs and ranking
minority members of the committees of the house of representatives and the senate having
jurisdiction over economic development and workforce policy and finance the following
information separately for each of the previous two fiscal or calendar years, for each program
subject to the requirements of subdivision 1:

(1) the total number of participants enrolled;

(2) the median pre-enrollment wages based on participant wages for the second through
the fifth calendar quarters immediately preceding the quarter of enrollment excluding those
with zero income;

(3) the total number of participants with zero income in the second through fifth calendar
quarters immediately preceding the quarter of enrollment;

(4) the total number of participants enrolled in training;

(5) the total number of participants enrolled in training by occupational group;

(6) the total number of participants that exited the program and the average enrollment
duration of participants that have exited the program during the year;

(7) the total number of exited participants who completed training;

(8) the total number of exited participants who attained a credential;

(9) the total number of participants employed during three consecutive quarters
immediately following the quarter of exit, by industry;

(10) the median wages of participants employed during three consecutive quarters
immediately following the quarter of exit;

(11) the total number of participants employed during eight consecutive quarters
immediately following the quarter of exit, by industry;new text begin and
new text end

(12) the median wages of participants employed during eight consecutive quarters
immediately following the quarter of exitdeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (13) the total cost of the program;
deleted text end

deleted text begin (14) the total cost of the program per participant;
deleted text end

deleted text begin (15) the cost per credential received by a participant; and
deleted text end

deleted text begin (16) the administrative cost of the program.
deleted text end

deleted text begin (b)deleted text end The report to the legislature must contain participant information by education level,
race and ethnicity, gender, and geography, and a comparison of exited participants who
completed training and those who did not.new text begin The report to the legislature shall include a
summary of current program trends in the state that are relevant to workforce development
and employment outcomes.
new text end

deleted text begin (c)deleted text end The requirements of this section apply to programs administered directly by the
commissioner or administered by other organizations under a grant made by the department.

new text begin (b) For youth workforce-related programs funded in whole or in part by state funds the
following shall be reported:
new text end

new text begin (1) the total number of participants enrolled in training;
new text end

new text begin (2) the total number of participants who completed training;
new text end

new text begin (3) the total number of exited participants who have a placement in employment;
new text end

new text begin (4) the total number of exited participants who have a placement in post-secondary
education;
new text end

new text begin (5) the total number of exited participants with a placement in occupational or vocational
skills training, apprenticeship training, or military training;
new text end

new text begin (6) the total number of exited participants who have returned to school;
new text end

new text begin (7) the total number of exited participants who earned academic credit or service learning
credit for work-based learning or participation in work experience;
new text end

new text begin (8) the total number of exited participants who have earned their high school diploma
or GED;
new text end

new text begin (9) the total number of exited participants who have earned a certificate or
industry-recognized credential; and
new text end

new text begin (10) the total number of exited participants who have completed and attained a work
readiness skills training. "Work readiness" means a participant has the knowledge the
participant needs in order to seek out employment. Activities, programs, or services must
be designed to help an individual acquire a combination of basic academic skills, critical
thinking skills, digital literacy skills, and self-management skills, including competencies
in: (i) utilizing resources; (ii) using information; (iii) working with others; (iv) understanding
systems; (v) skills necessary for successful transition into and completion of postsecondary
education or training, or employment; and (vi) other employability skills. Competencies
are measured through a pre- and post-training checklist completed and evaluated by
employers.
new text end

Sec. 25.

new text begin [116L.981] PATHWAYS TO PROSPERITY PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Pathways to prosperity. new text end

new text begin (a) The commissioner shall establish a pathways
to prosperity grant program to award grants to organizations to train low-skill, low-income
adults, and adults facing the greatest employment disparities, and to assist them in finding
employment in high-demand industries with long-term employment opportunities.
new text end

new text begin (b) "Pathways to prosperity" means a combination of rigorous and high-quality education,
training, and other services that:
new text end

new text begin (1) aligns with the skill needs of high-growth industries in the state, regional, or local
economy;
new text end

new text begin (2) prepares individuals to enter in demand careers;
new text end

new text begin (3) includes counseling and to support an individual in achieving the individual's
education and career goals;
new text end

new text begin (4) includes, as appropriate, education offered concurrently with and in the same context
as workforce preparation activities and training for a specific occupation or occupational
cluster;
new text end

new text begin (5) organizes education, training, and other services to meet the particular needs of an
individual in a manner that accelerates the educational and career advancement of the
individual to the extent practicable;
new text end

new text begin (6) enables an individual to attain a secondary school diploma or its recognized equivalent
and at least one industry-recognized credential; and
new text end

new text begin (7) helps an individual enter or advance within a specific occupation or occupational
cluster.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Career pathway" means a career-readiness program that combines vocational skills
training, education, and support services and results in either industry-specific training or
an industry-recognized credential. Career pathway includes sector specific vocational skills
training that leads to employment in high-demand occupations.
new text end

new text begin (c) "Pathways to prosperity grant program" or "grant program" means the competitive
grant program created in this section.
new text end

new text begin Subd. 3. new text end

new text begin Competitive grant process. new text end

new text begin (a) The commissioner shall award grants to
applicants through a competitive grant process. This process shall include an expedited
application process for previous grant recipients that operate career pathway programs that
are aligned with current labor market needs and that are meeting or exceeding their
performance goals related to training and placement for individuals facing multiple barriers
to employment.
new text end

new text begin (b) The commissioner shall develop criteria for making grants in consultation with
workforce development service providers. These criteria shall include guidelines for multiple
types of career pathways. These criteria shall also consider a program's alignment with the
labor market in the community where the program operates and, where applicable, a
program's previous grant performance.
new text end

new text begin (c) All reporting requirements for grant recipients shall be outlined in plain language in
both the request for proposal and the grant contract.
new text end

new text begin (d) The commissioner shall provide applicants with technical assistance with
understanding application procedures and program guidelines.
new text end

new text begin (e) All grants shall be two years in length.
new text end

new text begin Subd. 4. new text end

new text begin Performance metrics. new text end

new text begin Reporting and performance outcomes for the grant
program under this section shall comply with the requirements under section 116L.98.
new text end

Sec. 26.

Minnesota Statutes 2020, section 268.035, subdivision 21c, is amended to read:


Subd. 21c.

Reemployment assistance training.

(a) An applicant is in "reemployment
assistance training" when:

(1)new text begin(i)new text end a reasonable opportunity for suitable employment for the applicant does not exist
in the labor market area and additional training will assist the applicant in obtaining suitable
employment;

deleted text begin (2)deleted text endnew text begin (ii)new text end the curriculum, facilities, staff, and other essentials are adequate to achieve the
training objective;

deleted text begin (3)deleted text endnew text begin (iii)new text end the training is vocational or short term academic training directed to an occupation
or skill that will substantially enhance the employment opportunities available to the applicant
in the applicant's labor market area;

deleted text begin (4)deleted text endnew text begin (iv)new text end the training course is full time by the training provider; and

deleted text begin (5)deleted text endnew text begin (v)new text end the applicant is making satisfactory progress in the trainingdeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) the applicant can provide proof of enrollment in one or more programs offered by
an adult basic education consortium under section 124D.518. Programs may include but
are not limited to:
new text end

new text begin (i) General Educational Development Diploma preparation;
new text end

new text begin (ii) Local Credit Completion Adult High School Diploma preparation;
new text end

new text begin (iii) State Competency-Based Adult High School Diploma preparation;
new text end

new text begin (iv) basic skills enhancement training focused on math, functional literacy, reading, or
writing;
new text end

new text begin (v) computer skills training; or
new text end

new text begin (vi) English as a Second Language instruction; or
new text end

new text begin (3) the applicant can provide proof of enrollment in an English as a Second Language
program taught by a licensed instructor.
new text end

(b) Full-time training provided through the dislocated worker program, the Trade Act
of 1974, as amended, or the North American Free Trade Agreement is "reemployment
assistance training," if that training course is in accordance with the requirements of that
program.

(c) Apprenticeship training provided in order to meet the requirements of an
apprenticeship program under chapter 178 is "reemployment assistance training."

(d) An applicant is in reemployment assistance training only if the training course has
actually started or is scheduled to start within 30 calendar days.

Sec. 27.

Minnesota Statutes 2020, section 268.085, subdivision 2, is amended to read:


Subd. 2.

Not eligible.

An applicant is ineligible for unemployment benefits for any week:

(1) that occurs before the effective date of a benefit account;

(2) that the applicant, at any time during the week, has an outstanding misrepresentation
overpayment balance under section 268.18, subdivision 2, including any penalties and
interest;

deleted text begin (3) that occurs in a period when the applicant is a student in attendance at, or on vacation
from a secondary school including the period between academic years or terms;
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end that the applicant is incarcerated or performing court-ordered community service.
The applicant's weekly unemployment benefit amount is reduced by one-fifth for each day
the applicant is incarcerated or performing court-ordered community service;

deleted text begin (5)deleted text endnew text begin (4)new text end that the applicant fails or refuses to provide information on an issue of ineligibility
required under section 268.101;

deleted text begin (6)deleted text endnew text begin (5)new text end that the applicant is performing services 32 hours or more, in employment, covered
employment, noncovered employment, volunteer work, or self-employment regardless of
the amount of any earnings; or

deleted text begin (7)deleted text endnew text begin (6)new text end with respect to which the applicant has filed an application for unemployment
benefits under any federal law or the law of any other state. If the appropriate agency finally
determines that the applicant is not entitled to establish a benefit account under federal law
or the law of any other state, this clause does not apply.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 28.

Minnesota Statutes 2020, section 268.133, is amended to read:


268.133 UNEMPLOYMENT BENEFITS WHILE IN ENTREPRENEURIAL
TRAINING.

Unemployment benefits are available to dislocated workers participating in the converting
layoffs into Minnesota businesses (CLIMB) program under section 116L.17, subdivision
11. Applicants participating in CLIMB are considered in reemployment assistance training
under section 268.035, subdivision 21c. All requirements under section 268.069, subdivision
1
, must be met, except the commissioner may waive:

(1) the deductible earnings provisions in section 268.085, subdivision 5; and

(2) the 32 hours of work limitation in section 268.085, subdivision 2, clause deleted text begin(6)deleted text endnew text begin (5)new text end. A
maximum of 500 applicants may receive a waiver at any given time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 29. new text beginLAUNCH MINNESOTA.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin Launch Minnesota is established within the Business
and Community Development Division of the Department of Employment and Economic
Development to encourage and support the development of new private sector technologies
and support the science and technology policies under Minnesota Statutes, section 3.222.
Launch Minnesota must provide entrepreneurs and emerging technology-based companies
business development assistance and financial assistance to spur growth.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this subdivision
have the meanings given.
new text end

new text begin (b) "Advisory board" means the board established under subdivision 9.
new text end

new text begin (c) "Commissioner" means the commissioner of employment and economic development.
new text end

new text begin (d) "Department" means the Department of Employment and Economic Development.
new text end

new text begin (e) "Entrepreneur" means a Minnesota resident who is involved in establishing a business
entity and secures resources directed to its growth while bearing the risk of loss.
new text end

new text begin (f) "Greater Minnesota" means the area of Minnesota located outside of the metropolitan
area as defined in Minnesota Statutes, section 473.121, subdivision 2.
new text end

new text begin (g) "Innovative technology" or "business" means a new novel business model or product;
a derivative product incorporating new elements into an existing product; a new use for a
product; a new process or method for the manufacture, use, or assessment of any product
or activity, patentability, and scalability. Innovative technology or business model does not
include locally based retail, lifestyle, or business services. The business must not be engaged
in real estate development; insurance; banking; lending; lobbying; political consulting;
information technology consulting; wholesale or retail trade; leisure; hospitality;
transportation; construction; ethanol production from corn; or professional services provided
by attorneys, accountants, business consultants, physicians, or health care consultants.
new text end

new text begin (h) "Institution of higher education" has the meaning given in Minnesota Statutes, section
136A.28, subdivision 6.
new text end

new text begin (i) "Minority group member" means a United States citizen who is Asian, Pacific Islander,
Black, Hispanic, or Native American.
new text end

new text begin (j) "Minority-owned business" means a business for which at least one minority group
member:
new text end

new text begin (1) owns at least 50 percent of the business or, in the case of a publicly owned business,
owns at least 51 percent of the stock; and
new text end

new text begin (2) manages the business and control the daily business operations.
new text end

new text begin (k) "Research and development" means any activity that is:
new text end

new text begin (1) a systematic, intensive study directed toward greater knowledge or understanding
of the subject studies;
new text end

new text begin (2) a systematic study directed specifically toward applying new knowledge to meet a
recognized need; or
new text end

new text begin (3) a systematic application of knowledge toward the production of useful materials,
devices, systems, and methods, including design, development, and improvement of
prototypes and new processes to meet specific requirements.
new text end

new text begin (l) "Start-up" means a business entity that has been in operation for less than ten years,
has operations in Minnesota, and is in the development stage defined as devoting substantially
all of its efforts to establishing a new business and either of the following conditions exists:
new text end

new text begin (1) planned principal operations have not commenced; or
new text end

new text begin (2) planned principal operations have commenced, but have generated less than
$1,000,000 in revenue.
new text end

new text begin (m) "Technology-related assistance" means the application and utilization of technological
information and technologies to assist in the development and production of new
technology-related products or services or to increase the productivity or otherwise enhance
the production or delivery of existing products or services.
new text end

new text begin (n) "Trade association" means a nonprofit membership organization organized to promote
businesses and business conditions and having an election under section 501(c)(3) or
501(c)(6) of the Internal Revenue Code.
new text end

new text begin (o) "Veteran" has the meaning given in Minnesota Statutes, section 197.447.
new text end

new text begin (p) "Woman" means a person of the female gender.
new text end

new text begin (q) "Woman-owned business" means a business for which one or more women:
new text end

new text begin (1) own at least 50 percent of the business or, in the case of a publicly owned business,
own at least 51 percent of the stock; and
new text end

new text begin (2) manage the business and control the daily business operations.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The commissioner, by and through Launch Minnesota, shall:
new text end

new text begin (1) support innovation and initiatives designed to accelerate the growth of innovative
technology and business start-ups in Minnesota;
new text end

new text begin (2) in partnership with other organizations, offer classes and instructional sessions on
how to start a high-tech and innovative start-up;
new text end

new text begin (3) promote activities for entrepreneurs and investors regarding the state's growing
innovation economy;
new text end

new text begin (4) hold events and meetings that gather key stakeholders in the state's innovation sector;
new text end

new text begin (5) conduct outreach and education on innovation activities and related financial programs
available from the department and other organizations, particularly for underserved
communities;
new text end

new text begin (6) interact and collaborate with statewide partners including but not limited to businesses,
nonprofits, trade associations, and higher education institutions;
new text end

new text begin (7) administer an advisory board to assist with direction, grant application review,
program evaluation, report development, and partnerships;
new text end

new text begin (8) accept grant applications under subdivisions 5, 6, and 7 and work with the advisory
board to review and prioritize the applications and provide recommendations to the
commissioner; and
new text end

new text begin (9) perform other duties at the commissioner's discretion.
new text end

new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin (a) The commissioner shall employ an executive director in
the unclassified service, one staff member to support Launch Minnesota, and one staff
member in the business and community development division to manage grants. The
executive director shall:
new text end

new text begin (1) assist the commissioner and the advisory board in performing the duties of Launch
Minnesota; and
new text end

new text begin (2) comply with all state and federal program requirements, and all state and federal
securities and tax laws and regulations.
new text end

new text begin (b) Launch Minnesota may occupy and lease physical space in a private co-working
facility that includes office space for staff and space for community engagement for training
entrepreneurs. The physical space leased under this paragraph is exempt from the
requirements in Minnesota Statutes, section 16B.24, subdivision 6.
new text end

new text begin (c) At least three times per month, Launch Minnesota staff shall communicate with
organizations in greater Minnesota that have received a grant under subdivision 7. To the
extent possible, Launch Minnesota shall form partnerships with organizations located
throughout the state.
new text end

new text begin (d) Launch Minnesota must accept grant applications under this section and provide
funding recommendations to the commissioner and the commissioner shall distribute grants
based in part on the recommendations.
new text end

new text begin Subd. 5. new text end

new text begin Application process. new text end

new text begin (a) The commissioner shall establish the application form
and procedures for grants.
new text end

new text begin (b) Upon receiving recommendations from Launch Minnesota, the commissioner is
responsible for evaluating all applications using evaluation criteria which shall be developed
by Launch Minnesota in consultation with the advisory board.
new text end

new text begin (c) For grants under subdivision 6, priority shall be given if the applicant is:
new text end

new text begin (1) a business or entrepreneur located in greater Minnesota; or
new text end

new text begin (2) a business owner or entrepreneur who is a woman, veteran, or minority group member.
new text end

new text begin (d) For grants under subdivision 7, priority shall be given if the applicant is planning to
serve:
new text end

new text begin (1) businesses or entrepreneurs located in greater Minnesota; or
new text end

new text begin (2) business owners or entrepreneurs who are women, veterans, or minority group
members.
new text end

new text begin (e) Department staff, and not Launch Minnesota staff, are responsible for awarding
funding, disbursing funds, and monitoring grantee performance for all grants awarded under
this section.
new text end

new text begin (f) Grantees must provide 50 percent in matching funds and grant payments must be
provided on a reimbursement basis after review of submitted receipts by the department.
new text end

new text begin (g) Grant applications must be accepted on a regular periodic basis by Launch Minnesota
and must be reviewed by Launch Minnesota and the advisory board before being submitted
to the commissioner with their recommendations.
new text end

new text begin Subd. 6. new text end

new text begin Innovation grants. new text end

new text begin (a) The commissioner shall distribute innovation grants
under this subdivision.
new text end

new text begin (b) The commissioner shall provide a grant of up to $35,000 to an eligible business or
entrepreneur for research and development expenses, direct business expenses, and the
purchase of technical assistance or services from public higher education institutions and
nonprofit entities. Research and development expenditures may include but are not limited
to proof of concept activities, intellectual property protection, prototype designs and
production, and commercial feasibility. Expenditures funded under this subdivision are not
eligible for the research and development tax credit under Minnesota Statutes, section
290.068. Direct business expenses may include rent, equipment purchases, and supplier
invoices. Taxes imposed by federal, state, or local government entities may not be reimbursed
under this paragraph. Technical assistance or services must be purchased to assist in the
development or commercialization of a product or service to be eligible. Each business or
entrepreneur may receive only one grant per biennium under this paragraph.
new text end

new text begin (c) The commissioner shall provide a grant of up to $35,000 in Phase 1 or $50,000 in
Phase 2 to an eligible business or entrepreneur that, as a registered client of the Small
Business Innovation Research (SBIR) program, has been awarded a first time Phase 1 or
Phase 2 award pursuant to the SBIR or Small Business Technology Transfer (STTR)
programs after July 1, 2019. Each business or entrepreneur may receive only one grant per
biennium under this paragraph. Grants under this paragraph are not subject to the
requirements of subdivision 2, paragraph (l), but do require a recommendation from Launch
Minnesota advisory board.
new text end

new text begin Subd. 7. new text end

new text begin Entrepreneur education grants. new text end

new text begin (a) The commissioner shall make entrepreneur
education grants to institutions of higher education and other organizations to provide
educational programming to entrepreneurs and provide outreach to and collaboration with
businesses, federal and state agencies, institutions of higher education, trade associations,
and other organizations working with entrepreneurs to advance innovative, technology, and
businesses throughout Minnesota.
new text end

new text begin (b) Applications for entrepreneur education grants under this subdivision must be
submitted to the commissioner and evaluated by department staff other than Launch
Minnesota. The evaluation criteria must be developed by Launch Minnesota, in consultation
with the advisory board and the commissioner, and priority must be given to an applicant
who demonstrates activity assisting business owners or entrepreneurs residing in greater
Minnesota or who are women, veterans, or minority group members.
new text end

new text begin (c) Department staff other than Launch Minnesota staff are responsible for awarding
funding, disbursing funds, and monitoring grantee performance under this subdivision.
new text end

new text begin (d) Grantees may use the grant funds to deliver the following services:
new text end

new text begin (1) development and delivery to innovate technology businesses of industry-specific or
innovative product- or process-specific counseling on issues of business formation, market
structure, market research and strategies, securing first mover advantage or overcoming
barriers to entry, protecting intellectual property, and securing debt or equity capital. This
counseling is to be delivered in a classroom setting or using distance media presentations;
new text end

new text begin (2) outreach and education to businesses and organizations on the small business
investment tax credit program under Minnesota Statutes, section 116J.8737, the MNvest
crowd-funding program under Minnesota Statutes, section 80A.461, and other state programs
that support innovative technology business creation especially in underserved communities;
new text end

new text begin (3) collaboration with institutions of higher education, local organizations, federal and
state agencies, the Small Business Development Center, and the Small Business Assistance
Office to create and offer educational programming and ongoing counseling in greater
Minnesota that is consistent with those services offered in the metropolitan area; and
new text end

new text begin (4) events and meetings with other innovation-related organizations to inform
entrepreneurs and potential investors about Minnesota's growing information economy.
new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin Launch Minnesota shall report by December 31, 2022, and again by
December 31, 2023, to the chairs and ranking minority members of the committees of the
house of representatives and senate having jurisdiction over economic development policy
and finance. Each report shall include information on the work completed, including awards
made by the department under this section and progress toward transferring some activities
of Launch Minnesota to an entity outside of state government.
new text end

new text begin Subd. 9. new text end

new text begin Advisory board. new text end

new text begin (a) The commissioner shall establish an advisory board to
advise the executive director regarding the activities of Launch Minnesota, make the
recommendations described in this section, and develop and initiate a strategic plan for
transferring some activities of Launch Minnesota to a new or existing public-private
partnership or nonprofit organization outside of state government.
new text end

new text begin (b) The advisory board shall consist of ten members and is governed by Minnesota
Statutes, section 15.059. A minimum of seven members must be from the private sector
representing business and at least two members but no more than three members must be
from government and higher education. At least three of the members of the advisory board
shall be from greater Minnesota. Appointees shall represent a range of interests, including
entrepreneurs, large businesses, industry organizations, investors, and both public and private
small business service providers.
new text end

new text begin (c) The advisory board shall select a chair from its private sector members. The executive
director shall provide administrative support to the committee.
new text end

new text begin (d) The commissioner, or a designee, shall serve as an ex-officio, nonvoting member of
the advisory board.
new text end

new text begin Subd. 10. new text end

new text begin Expiration. new text end

new text begin This section expires January 1, 2024.
new text end

Sec. 30. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 116L.18, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-02911

116L.18 SPECIAL INCUMBENT WORKER TRAINING GRANTS.

Subdivision 1.

Purpose.

The purpose of the special incumbent worker training grants is to expand opportunities for businesses and workers to gain new skills that are in demand in the Minnesota economy. The board shall establish criteria for incumbent worker grants under this section and may encourage creative training models, innovative partnerships, and expansion or replication of promising practices.

Subd. 2.

Definitions.

(a) For the purposes of this section, the following terms have the meanings given them.

(b) "Incumbent worker" means an individual employed by a qualifying employer.

(c) "Qualifying employer" means a for-profit business or nonprofit organization in Minnesota with at least one full-time paid employee. Public sector organizations are not considered qualifying employers.

(d) "Eligible organization" has the meaning given in section 116L.17.

Subd. 3.

Amount of grants.

A grant to an eligible organization may not exceed $400,000.

Subd. 4.

Matching funds.

The board shall require matching funds from qualifying employers in the form of funding, equipment, or faculty.

Subd. 5.

Use of funds.

Eligible organizations shall use funds granted under this section for direct training services to provide a measurable increase in the job-related skills of participating incumbent workers. Eligible organizations may also provide basic assessment, counseling, and preemployment training services requested by the qualifying employer. No funds may be used for support services as described in section 116L.17, subdivision 4, clause (2).

Subd. 6.

Performance outcome measures.

The board and the commissioner of employment and economic development shall jointly develop performance outcome measures and standards for this program. The commissioner and board shall consult with eligible organizations in establishing standards. Measures at a minimum must include posttraining retention, promotion, and wage increase. The board and commissioner shall provide a report to the legislature by March 1 of each year on the previous fiscal year's program performance. Eligible organizations must provide performance data in a timely manner for the completion of this report.