ARTICLE 1

JOBS APPROPRIATIONS

ARTICLE 2

FAMILY AND MEDICAL BENEFITS

181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.

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

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

new text begin [268B.03] ELIGIBILITY.
new text end

new text begin [268B.04] APPLICATIONS.
new text end

new text begin [268B.05] DETERMINATION OF APPLICATION.
new text end

new text begin [268B.06] EMPLOYER NOTIFICATION.
new text end

new text begin [268B.07] APPEAL PROCESS.
new text end

new text begin [268B.08] BENEFITS.
new text end

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

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

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

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

new text begin [268B.12] PREMIUMS.
new text end

new text begin [268B.13] COLLECTION OF PREMIUMS.
new text end

new text begin [268B.14] ADMINISTRATIVE COSTS.
new text end

new text begin [268B.15] PUBLIC OUTREACH.
new text end

new text begin [268B.16] APPLICANT'S FALSE REPRESENTATIONS; CONCEALMENT
OF FACTS; PENALTY.
new text end

new text begin [268B.17] EMPLOYER MISCONDUCT; PENALTY.
new text end

new text begin [268B.18] RECORDS; AUDITS.
new text end

new text begin [268B.19] SUBPOENAS; OATHS.
new text end

new text begin [268B.20] CONCILIATION SERVICES.
new text end

new text begin [268B.21] ANNUAL REPORTS.
new text end

new text begin [268B.22] NOTICE REQUIREMENTS.
new text end

new text begin [268B.23] RELATIONSHIP TO OTHER LEAVE; CONSTRUCTION.
new text end

new text begin [268B.24] SMALL BUSINESS ASSISTANCE GRANTS.
new text end

ARTICLE 3

FAMILY AND MEDICAL LEAVE BENEFIT AS EARNINGS

ARTICLE 4

ECONOMIC DEVELOPMENT POLICY

new text begin [116J.545] GETTING TO WORK GRANT PROGRAM.
new text end

new text begin [116L.25] PATHWAYS TO PROSPERITY GRANT PROGRAM.
new text end

new text begin [116L.35] INVENTORY OF WORKFORCE DEVELOPMENT PROGRAMS.
new text end

HF 2208

ARTICLE 1

JOBS APPROPRIATIONS

ARTICLE 2

FAMILY AND MEDICAL BENEFITS

181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.

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

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

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

Section 1. new text begin JOBS AND ECONOMIC DEVELOPMENT.
new text end

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

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

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new text begin Subd. 9. new text end

Sec. 3. new text begin DEPARTMENT OF LABOR AND
INDUSTRY
new text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

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

Sec. 5. new text begin BUREAU OF MEDIATION SERVICES
new text end

Sec. 6. new text begin DEPARTMENT OF COMMERCE
new text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

Sec. 7. new text begin MINNESOTA MANAGEMENT AND
BUDGET
new text end

Sec. 8. new text begin SUPREME COURT
new text end

Sec. 9. new text begin ATTORNEY GENERAL
new text end

Section 1.

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Sec. 2.

Subd. 4.

Sec. 3.

Sec. 4.

Subdivision 1.

Sec. 5.

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Sec. 6.

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Sec. 7.

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Sec. 8.

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Sec. 11.

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Sec. 12.

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Sec. 13.

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Sec. 14.

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Sec. 15.

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Sec. 16.

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Sec. 17.

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Sec. 18.

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Sec. 19.

Sec. 20.

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Sec. 25.

Sec. 26.

Sec. 27.

Sec. 28.

new text begin Subdivision 1. new text end

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Sec. 29.

Sec. 30. new text begin EFFECTIVE DATES.
new text end

Section 1.

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Sec. 2.

Subd. 3.

Sec. 3.

Subd. 11.

Sec. 4.

Subd. 3.

Sec. 5. new text begin EFFECTIVE DATES.
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Section 1.

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Sec. 2.

Subd. 5.

Sec. 3.

Subd. 4.

Sec. 4.

Subd. 6.

Sec. 5.

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new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

Sec. 6.

Bill Text Versions

Section 1. new text begin JOBS AND ECONOMIC DEVELOPMENT.new text end

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

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

new text begin Subd. 7. new text end

new text begin Subd. 8. new text end

new text begin Subd. 9. new text end

Sec. 3. new text begin DEPARTMENT OF LABOR AND INDUSTRYnew text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

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

Sec. 5. new text begin BUREAU OF MEDIATION SERVICESnew text end

Sec. 6. new text begin DEPARTMENT OF COMMERCEnew text end

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

Sec. 7. new text begin MINNESOTA MANAGEMENT AND BUDGETnew text end

Sec. 8. new text begin SUPREME COURTnew text end

Sec. 9. new text begin ATTORNEY GENERALnew text end

Section 1.

new text begin Subd. 7. new text end

Sec. 2.

Subd. 4.

Sec. 3.

Sec. 4.

Subdivision 1.

Sec. 5.

new text begin Subdivision 1. new text end

new text begin Subd. 2. new text end

new text begin Subd. 3. new text end

new text begin Subd. 4. new text end

new text begin Subd. 5. new text end

new text begin Subd. 6. new text end

Section 1. new text begin JOBS AND ECONOMIC DEVELOPMENT.
new text end

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

Sec. 3. new text begin DEPARTMENT OF LABOR AND
INDUSTRY
new text end

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

Sec. 5. new text begin BUREAU OF MEDIATION SERVICES
new text end

Sec. 6. new text begin DEPARTMENT OF COMMERCE
new text end

Sec. 7. new text begin MINNESOTA MANAGEMENT AND
BUDGET
new text end

Sec. 8. new text begin SUPREME COURT
new text end

Sec. 9. new text begin ATTORNEY GENERAL
new text end

new text begin Total Appropriation
new text end

new text begin Business and Community Development
new text end

new text begin Workforce Development
new text end

new text begin General Support Services
new text end

new text begin Minnesota Trade Office
new text end

new text begin Vocational Rehabilitation
new text end

new text begin Services for the Blind
new text end

new text begin Paid Family and Medical Leave
new text end

new text begin Dairy Assistance, Investment, Relief
Initiative (DAIRI)
new text end

new text begin Total Appropriation
new text end

new text begin General Support
new text end

new text begin Labor Standards and Apprenticeship
new text end

new text begin Workers' Compensation
new text end

new text begin Workplace Safety
new text end

new text begin Total Appropriation
new text end

new text begin Financial Institutions
new text end

new text begin Administrative Services
new text end

new text begin Telecommunications
new text end

new text begin Enforcement
new text end

new text begin Insurance
new text end

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

Compliance orders.

Use of data.

new text begin Scope. new text end

new text begin Account. new text end

new text begin Applicant. new text end

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

new text begin Benefit. new text end

new text begin Benefit year. new text end

new text begin Bonding. new text end

new text begin Calendar day. new text end

new text begin Calendar week. new text end

new text begin Commissioner. new text end

new text begin Continuing treatment. new text end

new text begin Covered employment. new text end

new text begin Day. new text end

new text begin Department. new text end

new text begin Employee. new text end

new text begin Employer. new text end

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

new text begin Family benefit program. new text end

new text begin Family care. new text end

new text begin Family member. new text end

new text begin Health care provider. new text end

new text begin High quarter. new text end

new text begin Independent contractor. new text end

new text begin Inpatient care. new text end

new text begin Maximum weekly benefit amount. new text end

new text begin Medical benefit program. new text end

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

new text begin Noncovered employment. new text end

new text begin Pregnancy. new text end

new text begin Qualifying exigency. new text end

new text begin Safety leave. new text end

new text begin Self-employed individual. new text end

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

new text begin Self-employment wages. new text end

new text begin Serious health condition. new text end

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

new text begin Taxable year. new text end

new text begin Wage credits. new text end

new text begin Creation. new text end

new text begin Creation of division. new text end

new text begin Rulemaking. new text end

new text begin Account creation; appropriation. new text end

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

new text begin Applicant. new text end

new text begin Wage credits. new text end

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

new text begin Ineligible. new text end

new text begin Certification. new text end

new text begin Records release. new text end

new text begin Self-employed individual applicant. new text end

new text begin Process; deadline. new text end

new text begin Certification. new text end

new text begin Hearing. new text end

new text begin Decision. new text end

new text begin Request for reconsideration. new text end

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

new text begin Benefit judges. new text end

new text begin Weekly benefit amount. new text end

new text begin Timing of payment. new text end

new text begin Maximum length of benefits. new text end

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

new text begin Withholding of federal tax. new text end

new text begin Right to leave. new text end

new text begin Notice to employer. new text end

new text begin Bonding leave. new text end

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

new text begin Retaliation prohibited. new text end

new text begin Interference prohibited. new text end

new text begin Waiver of rights void. new text end

new text begin No assignment of benefits. new text end

new text begin Continued insurance. new text end

new text begin Employee right to reinstatement. new text end

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

new text begin Remedies. new text end

new text begin Application for substitution. new text end

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

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

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

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

new text begin Plan duration. new text end

new text begin Appeals. new text end

new text begin Employees no longer covered. new text end

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

new text begin Amendment. new text end

new text begin Successor employer. new text end

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

new text begin Employer penalties. new text end

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

new text begin Audit and investigation. new text end

new text begin Election of coverage. new text end

new text begin Application new text end

new text begin Premium. new text end

new text begin Benefits. new text end

new text begin Employer. new text end

new text begin Employee charge back. new text end

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

new text begin Annual premium rates. new text end

new text begin Premium rate adjustments. new text end

new text begin Deposit of premiums. new text end

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

new text begin Amount computed presumed correct. new text end

new text begin Priority of payments. new text end

new text begin Costs. new text end

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

new text begin Interest on judgments. new text end

new text begin Credit adjustments; refunds. new text end

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

new text begin Concurrent leave. new text end

new text begin Construction. new text end

new text begin Parents receiving family and medical leave benefits. new text end

Eligibility for diversionary work program.

Universal participation required.

Earned income.

new text begin Creation. new text end

new text begin Qualified grantee. new text end

new text begin Program requirements. new text end

new text begin Application. new text end

new text begin Participant eligibility. new text end

new text begin Report to legislature. new text end

Grant limits.

Certification; benefits.

Job creation award.

new text begin Definitions. new text end

new text begin Establishment. new text end

new text begin Grant process. new text end

new text begin Total Appropriation new text end

new text begin Business and Community Development new text end

new text begin Workforce Development new text end

new text begin General Support Services new text end

new text begin Minnesota Trade Office new text end

new text begin Vocational Rehabilitation new text end

new text begin Services for the Blind new text end

new text begin Paid Family and Medical Leave new text end

new text begin Dairy Assistance, Investment, Relief Initiative (DAIRI) new text end

new text begin Total Appropriation new text end

new text begin General Support new text end

new text begin Labor Standards and Apprenticeship new text end

new text begin Workers' Compensation new text end

new text begin Workplace Safety new text end

new text begin Total Appropriation new text end

new text begin Financial Institutions new text end

new text begin Administrative Services new text end

new text begin Telecommunications new text end

new text begin Enforcement new text end

new text begin Insurance new text end

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

Compliance orders.

Use of data.

new text begin Scope. new text end

new text begin Account. new text end

new text begin Applicant. new text end

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

new text begin Benefit. new text end

new text begin Benefit year. new text end

new text begin Total Appropriation
new text end

new text begin Business and Community Development
new text end

new text begin Workforce Development
new text end

new text begin General Support Services
new text end

new text begin Minnesota Trade Office
new text end

new text begin Vocational Rehabilitation
new text end

new text begin Services for the Blind
new text end

new text begin Paid Family and Medical Leave
new text end

new text begin Dairy Assistance, Investment, Relief
Initiative (DAIRI)
new text end

new text begin Total Appropriation
new text end

new text begin General Support
new text end

new text begin Labor Standards and Apprenticeship
new text end

new text begin Workers' Compensation
new text end

new text begin Workplace Safety
new text end

new text begin Total Appropriation
new text end

new text begin Financial Institutions
new text end

new text begin Administrative Services
new text end

new text begin Telecommunications
new text end

new text begin Enforcement
new text end

new text begin Insurance
new text end

Engrossments
Introduction		Posted on 03/07/2019
1st Engrossment		Posted on 04/09/2019
2nd Engrossment		Posted on 04/10/2019
3rd Engrossment		Posted on 04/24/2019

Unofficial Engrossments
1st Unofficial Engrossment		Posted on 04/30/2019

Division Engrossments
1st Division Engrossment		Posted on 04/05/2019

A bill for an act
relating to state government; establishing a budget for economic development,
telecommunications, and energy; appropriating money to the broadband grant
program; establishing a budget to finance energy-related activities; creating
renewable energy grant programs; modifying and establishing various provisions
governing energy policy and finance; strengthening requirements for clean energy
and energy conservation in Minnesota; appropriating money for jobs and economic
development; establishing paid family leave insurance; modifying economic
development programs; establishing wage theft prevention; providing for earned
sick and safe time; modifying labor and industry policy provisions; modifying
commerce policy provisions; adopting Unemployment Insurance Advisory Council
provisions; modifying unemployment insurance policy; modifying Bureau of
Mediation Services policy; establishing guidelines relating to unclaimed property;
modifying fees; increasing civil and criminal penalties; authorizing rulemaking;
requiring reports; appropriating money; amending Minnesota Statutes 2018, sections
13.43, subdivision 6; 13.685; 13.719, by adding a subdivision; 15.72, subdivision
2; 16C.285, subdivision 3; 47.59, subdivision 2; 47.60, subdivision 2; 47.601,
subdivisions 2, 6; 53.04, subdivision 3a; 56.131, subdivision 1; 116C.7792;
116J.8731, subdivision 5; 116J.8748, subdivisions 4, 6; 175.46, subdivisions 3,
13; 176.1812, subdivision 2; 176.231, subdivision 1; 177.27, subdivisions 2, 4, 7,
by adding subdivisions; 177.30; 177.32, subdivision 1; 179.86, subdivisions 1, 3;
179A.041, by adding a subdivision; 181.03, subdivision 1, by adding subdivisions;
181.032; 181.101; 181.635, subdivision 2; 181.942, subdivision 1; 182.659,
subdivision 8; 182.666, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 216B.16,
subdivision 13, by adding a subdivision; 216B.1641; 216B.1645, subdivisions 1,
2; 216B.1691, subdivisions 1, 2b, 9, by adding a subdivision; 216B.2401; 216B.241,
subdivisions 1a, 1c, 1d, 1f, 2, 2b, 3, 5, 7, 9, by adding a subdivision; 216B.2422,
subdivisions 1, 2, 3, 4, 5, by adding subdivisions; 216B.243, subdivisions 3, 3a;
216B.62, subdivision 3b; 216C.435, subdivisions 3a, 8; 216C.436, subdivision 4,
by adding a subdivision; 216F.04; 216F.08; 256J.561, by adding a subdivision;
256J.95, subdivisions 3, 11; 256P.01, subdivision 3; 268.035, subdivisions 4, 12,
15, 20; 268.044, subdivisions 2, 3; 268.046, subdivision 1; 268.047, subdivision
3; 268.051, subdivision 2a; 268.057, subdivision 5; 268.069, subdivision 1; 268.07,
subdivision 1; 268.085, subdivisions 3, 3a, 8, 13a, by adding subdivisions; 268.095,
subdivisions 6, 6a; 268.105, subdivision 6; 268.145, subdivision 1; 268.18,
subdivisions 2b, 5; 268.19, subdivision 1; 326B.082, subdivisions 6, 8, 12;
326B.103, subdivision 11; 326B.106, subdivision 9, by adding a subdivision;
326B.46, by adding a subdivision; 326B.475, subdivision 4; 326B.802, subdivision
15; 326B.821, subdivision 21; 326B.84; 337.10, subdivision 4; 341.30, subdivision
1; 341.32, subdivision 1; 341.321; 345.515; 345.53, by adding a subdivision;
609.52, subdivisions 1, 2, 3; Laws 2014, chapter 211, section 13, as amended;
Laws 2017, chapter 94, article 1, section 2, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapters 13; 16C; 116J; 116L; 177; 181; 216B;
216C; 216H; 325F; proposing coding for new law as Minnesota Statutes, chapters
58B; 268B; 345A; repealing Minnesota Statutes 2018, sections 181.9413; 216B.241,
subdivisions 1, 2c, 4; 325F.75; Laws 2017, chapter 94, article 1, section 7,
subdivision 7.

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

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 "2020" and "2021" used in this article mean the appropriations
listed under them are available for the fiscal year ending June 30, 2020, or June 30, 2021,
respectively. "The first year" is fiscal year 2020. "The second year" is fiscal year 2021.
"Each year" means each of fiscal years 2020 and 2021.
new text end

new text begin (b) If an appropriation in this article is enacted more than once in the 2019 legislative
session, the appropriation must be given effect only once.
new text end

new text begin $
new text end

new text begin 169,405,000
new text end

new text begin $
new text end

new text begin 139,166,000
new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin 134,933,000 new text end	new text begin 104,895,000 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 33,772,000 new text end	new text begin 33,571,000 new text end

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

47,121,000

34,230,000

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 44,721,000 new text end	new text begin 31,830,000 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 1,700,000 new text end	new text begin 1,700,000 new text end

new text begin (a) $9,350,000 the first year is for:
new text end

new text begin (1) the greater Minnesota business
development public infrastructure grant
program under Minnesota Statutes, section
116J.431;
new text end

new text begin (2) the spark program, formerly known as the
business development competitive grant
program;
new text end

new text begin (3) the community prosperity grant program;
new text end

new text begin (4) a grant to the Minnesota Design Center at
the University of Minnesota for the greater
Minnesota community design program; and
new text end

new text begin (5) a grant to Red Wing Ignite for economic
development activities focused on technology
and innovation in Southeastern Minnesota.
new text end

new text begin The commissioner has discretion to allocate
this appropriation among the listed programs,
including awarding zero funds to a listed
program or grantee. The commissioner has
discretion to stipulate reasonable terms for
individual programs and grants. Of this
amount, up to four percent is for
administration and monitoring of the funded
programs. This appropriation is available until
June 30, 2022.
new text end

new text begin (b) $2,500,000 each year is for the Minnesota
Innovation Collaborative. This is a onetime
appropriation and funds are available until
June 30, 2023. Of this amount:
new text end

new text begin (1) $1,600,000 each year is for innovation
grants to eligible Minnesota entrepreneurs or
start-up businesses to assist with their
operating needs. Of this amount, five percent
is for the department's administrative costs;
new text end

new text begin (2) $450,000 each year is for administration
of the Minnesota Innovation Collaborative;
and
new text end

new text begin (3) $450,000 each year is for grantee activities
at the Minnesota Innovation Collaborative. Of
this amount, five percent is for the
department's administrative costs.
new text end

new text begin (c) $1,772,000 each year is from the general
fund and $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. These
appropriations are available until spent.
new text end

new text begin (d) $139,000 each year is for a grant to the
Rural Policy and Development Center under
Minnesota Statutes, section 116J.421.
new text end

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

new text begin (g) $500,000 the first year and $125,000 the
second year are for grants to the White Earth
Nation for the White Earth Nation Integrated
Business Development System to provide
business assistance with workforce
development, outreach, technical assistance,
infrastructure and operational support,
financing, and other business development
activities. This is a onetime appropriation.
new text end

new text begin (h) $875,000 each year is for a grant to
Enterprise Minnesota, Inc. for the small
business growth acceleration program under
Minnesota Statutes, section 116O.115. This
is a onetime appropriation.
new text end

new text begin (i) $300,000 each year is for a grant to
Enterprise Minnesota, Inc. to provide business
performance assessments to Minnesota
manufacturers with 50 or fewer employees,
with focus on very small and rural locations.
The assessment findings must position
Minnesota manufacturers to retain and recruit
employees and grow in their community. This
is a onetime appropriation.
new text end

new text begin (j) $250,000 the first year is for a grant to the
Rondo Community Land Trust for
improvements to leased commercial space in
the Selby Milton Victoria Project that will
create long-term affordable space for small
businesses and for build-out and development
of new businesses.
new text end

new text begin (k) $1,175,000 each year is for a grant to the
Metropolitan Economic Development
Association (MEDA) for statewide business
development and assistance services, including
services to entrepreneurs with businesses that
have the potential to create job opportunities
for unemployed and underemployed people,
with an emphasis on minority-owned
businesses. This is a onetime appropriation.
new text end

new text begin (l) $2,865,000 the first year is for grants for
projects that support economic development
by increasing the availability of child care.
Eligible recipients for these grants are limited
to:
new text end

new text begin (1) WomenVenture;
new text end

new text begin (2) the Minnesota Initiative Foundations; and
new text end

new text begin (3) eligible applicants under the child care
economic development grant program.
new text end

new text begin The commissioner has discretion to allocate
the available grant funds among the listed
eligible recipients, including awarding zero
funds to a listed entity, though this allocation
must support both family child care providers
and center-based providers. The commissioner
has discretion to stipulate reasonable terms
for individual programs and grants. Of this
amount, up to four percent is for
administration and monitoring of the funded
programs. This appropriation is available until
June 30, 2021.
new text end

new text begin (m)(1) $750,000 each year is for grants to the
Neighborhood Development Center for small
business programs. This is a onetime
appropriation.
new text end

new text begin (2) Of the amount appropriated in the first
year, $150,000 is for outreach and training
activities outside the seven-county
metropolitan area, as defined in Minnesota
Statutes, section 473.121, subdivision 2.
new text end

new text begin (n)(1) $50,000 the first year is for grants to
support broadband connections for coworking
spaces designed to foster start-up businesses.
Grant recipients must be located in an
unserved area or an underserved area for
broadband, as defined in Minnesota Statutes,
section 116J.394. Grant recipients must obtain
a 100 percent nonstate match to grant funds
in either cash or in-kind contributions, though
matching funds may be used for expenses of
the coworking space other than broadband.
This is a onetime appropriation.
new text end

new text begin (2) 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 start-up businesses served and the
amount of local funds invested.
new text end

new text begin (o) $6,772,000 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. In fiscal years 2022
and beyond, the base amount is $5,500,000.
This appropriation is available until expended.
new text end

new text begin (p)(1) $6,935,000 the first year and $6,934,000
the second year are 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 years 2022 and beyond, the base
amount is $5,500,000. This appropriation is
available until expended.
new text end

new text begin (2) Of the amount appropriated in the first
year, $2,000,000 is for a loan to a paper mill
in Duluth for a retrofit project that will support
the operation and manufacture of packaging
paper grades. The company that owns the
paper mill must spend $20,000,000 on project
activities by December 31, 2020, in order to
be eligible to receive this loan. Loan funds
may be used for purchases of materials,
supplies, and equipment for the project and
are available from July 1, 2019, to July 30,
2021. The commissioner of employment and
economic development shall forgive 25
percent of the loan each year after the second
year during a five-year period if the mill has
retained at least 200 full-time equivalent
employees and has satisfied other performance
goals and contractual obligations as required
under Minnesota Statutes, section 116J.8731.
new text end

new text begin (q) $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 (r) $163,000 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 (s) $12,000 each year is for a grant to the
Upper Minnesota Film Office.
new text end

new text begin (t) $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,
2023.
new text end

new text begin (u) $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 (v) $1,350,000 each year is from the
workforce development fund for jobs training
grants under Minnesota Statutes, section
116L.42.
new text end

new text begin (w) $350,000 each year is from the workforce
development fund for metropolitan job training
grants under Minnesota Statutes, section
116L.43.
new text end

new text begin (x) For appropriations under paragraphs (a)
and (l), where the commissioner has discretion
to allocate funds between listed programs and
grantees, by January 15 in 2021 and 2023, the
commissioner must report to the chairs and
ranking minority members of the committees
of the house of representatives and the senate
with jurisdiction over economic development.
This report must include:
new text end

new text begin (1) the process by which funds were allocated,
including any criteria considered;
new text end

new text begin (2) the programs and grantees which were
funded and the amounts of funding; and
new text end

new text begin (3) information on program or grant outcomes
achieved by the funding.
new text end

50,351,000

31,577,000

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 26,164,000 new text end	new text begin 7,591,000 new text end
new text begin Workforce Development new text end	new text begin 24,187,000 new text end	new text begin 23,986,000 new text end

new text begin (a) $250,000 each year is for pilot programs
in the workforce service areas to combine
career and higher education advising.
new text end

new text begin (b) $500,000 each year is for rural career
counseling coordinator positions in the
workforce service areas and for the purposes
specified in Minnesota Statutes, section
116L.667.
new text end

new text begin (c) $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 (d) $700,000 the first year is for a grant to the
Washburn Center for Children to train and
hire additional children's mental health
treatment staff. Of this amount, $200,000 is
for the pathways program to create fellowships
for professionals of color in children's mental
health treatment. This appropriation is
available until June 30, 2023.
new text end

new text begin (e)(1) $300,000 the first year is for a grant to
the Regional Center for Entrepreneurial
Facilitation hosted by a county or higher
education institution. Funds available under
this paragraph must be used to provide
entrepreneur and small business development
direct professional business assistance services
in the following counties in Minnesota: Blue
Earth, Brown, Faribault, Le Sueur, Martin,
Nicollet, Sibley, Watonwan, and Waseca. For
the purposes of this paragraph, "direct
professional business assistance services" must
include but is not limited to payment of
overhead costs, pre-venture assistance for
individuals considering starting a business,
and services for underserved populations,
agricultural businesses, and students. This
appropriation is not available until the
commissioner determines that an equal amount
is committed from nonstate sources. This
appropriation is available until June 30, 2021.
new text end

new text begin (2) Grant recipients shall report to the
commissioner by February 1, 2021, and
include information on the number of
customers served in each county; the number
of businesses started, stabilized, or expanded;
the number of jobs created and retained; and
business success rates in each county. By April
1, 2021, the commissioner shall report the
information submitted by grant recipients to
the chairs and ranking minority members of
the standing committees of the house of
representatives and senate having jurisdiction
over economic development issues.
new text end

new text begin (f) $20,000 in the first year is for preparing
the inventory of workforce development
programs under Minnesota Statutes, section
116L.35.
new text end

new text begin (g) $1,500,000 each year is for a grant to
Summit Academy OIC to expand its
contextualized GED and employment
placement program and STEM program. This
is a onetime appropriation.
new text end

new text begin (h) $485,000 the first year is for a grant to
Lifetrack, a St. Paul nonprofit organization,
for building maintenance. This appropriation
is available until June 30, 2023.
new text end

new text begin (i) $1,000,000 each year is for a grant to
Youthprise to give grants through a
competitive process to community
organizations to provide economic
development services designed to enhance
long-term economic self-sufficiency in
communities with concentrated East African
populations. Such communities include but
are not limited to Faribault, Rochester, St.
Cloud, Moorhead, and Willmar. To the extent
possible, Youthprise must make at least 50
percent of these grants to organizations serving
communities located outside the seven-county
metropolitan area, as defined in Minnesota
Statutes, section 473.121, subdivision 2.This
is a onetime appropriation and is available
until June 30, 2022.
new text end

new text begin (j) $500,000 each year is for a grant to the
YWCA of Minneapolis to provide
economically challenged individuals the jobs
skills training, career counseling, and job
placement assistance necessary to secure a
child development associate credential and to
have a career path in early childhood
education. This is a onetime appropriation.
new text end

new text begin (k) $250,000 each year is for a grant to YWCA
St. Paul to provide job training services and
workforce development programs and
services, including job skills training and
counseling. This is a onetime appropriation.
new text end

new text begin (l) $17,159,000 the first year and $91,000 the
second year are for:
new text end

new text begin (1) distribution to existing nonprofit and state
displaced homemaker programs under
Minnesota Statutes, section 116L.96;
new text end

new text begin (2) the special education employment pilot
project;
new text end

new text begin (3) a grant to Fathers Rise Together to study
the creation of a Duluth-Iron Range African
heritage hub;
new text end

new text begin (4) a grant to Hennepin County for the Cedar
Riverside Partnership;
new text end

new text begin (5) a grant to Goodwill-Easter Seals Minnesota
and its partners for the FATHER Project;
new text end

new text begin (6) competitive grants to eligible nonprofit
minority business development organizations
for statewide business development and
assistance services to minority-owned
businesses, including the creation of revolving
loan funds and operating support for the
organizations providing the services;
new text end

new text begin (7) a grant to Lifetrack for job training and
employment preparation for at-risk adults;
new text end

new text begin (8) the pathways to prosperity grant program
under Minnesota Statutes, section 116L.25;
new text end

new text begin (9) a grant to Better Futures Minnesota to
provide job skills training to individuals who
have been released from incarceration for a
felony-level offense and are no more than 12
months from the date of release;
new text end

new text begin (10) a grant to the Women's Foundation of
Minnesota to create and administer a statewide
internship program for young women ages 17
to 24 who are American Indian, Asian, Black,
or Hispanic, that connects participants with
internships and subsidizes intern wages; and
new text end

new text begin (11) a grant to the Minnesota Alliance With
Youth to supplement funding for the
AmeriCorps Promise Fellows program.
new text end

new text begin The commissioner has discretion to allocate
this appropriation among the listed programs
and grantees, including awarding zero funds
to a listed program or grantee. The
commissioner has discretion to stipulate
reasonable terms for individual programs and
grants. Of these amounts, up to four percent
is for administration and monitoring of the
funded programs. This is a onetime
appropriation and funds are available until
June 30, 2021.
new text end

new text begin (m) $100,000 the first year is from the
workforce development fund for a grant to the
Cook County Higher Education Board to
provide educational programming and
academic support services to remote regions
in northeastern Minnesota. This appropriation
is in addition to other funds previously
appropriated to the board.
new text end

new text begin (n) $500,000 each year is from the workforce
development fund for Propel Nonprofits,
formerly known as the Nonprofits Assistance
Fund, to make grants for infrastructure support
to small nonprofit organizations that serve
historically underserved cultural communities.
new text end

new text begin (o) $1,000,000 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 (p) $350,000 each year is from the workforce
development fund for a grant to the
International Institute of Minnesota. Grant
funds must be used for workforce training for
New Americans in industries in need of trained
workforce. This is a onetime appropriation.
new text end

new text begin (q) $100,000 the first year is from the
workforce development fund for preparing a
plan to address barriers to employment for
persons with mental illness.
new text end

new text begin (r) $1,000,000 each year is from the workforce
development fund for a grant to EMERGE
Community Development, in collaboration
with community partners, for services
targeting Minnesota communities with the
highest concentrations of African and
African-American joblessness, based on the
most recent census tract data, to provide
employment readiness training, credentialed
training placement, job placement and
retention services, supportive services for
hard-to-employ individuals, and a general
education development fast track and adult
diploma program. This is a onetime
appropriation.
new text end

new text begin (s) $1,000,000 each year is from the workforce
development fund for a grant to the
Minneapolis Foundation for a strategic
intervention program designed to target and
connect program participants to meaningful,
sustainable living-wage employment. This is
a onetime appropriation.
new text end

new text begin (t) $1,000,000 each year from the workforce
development fund is for a grant to the
Construction Careers Foundation for the
construction career pathway initiative to
provide year-round educational and
experiential learning opportunities for teens
and young adults under the age of 21 that lead
to careers in the construction industry. This is
a onetime appropriation. Grant funds must be
used to:
new text end

new text begin (1) increase construction industry exposure
activities for middle school and high school
youth, parents, and counselors to reach a more
diverse demographic and broader statewide
audience. This requirement includes, but is
not limited to, an expansion of programs to
provide experience in different crafts to youth
and young adults throughout the state;
new text end

new text begin (2) increase the number of high schools in
Minnesota offering construction classes during
the academic year that utilize a multicraft
curriculum;
new text end

new text begin (3) increase the number of summer internship
opportunities;
new text end

new text begin (4) enhance activities to support graduating
seniors in their efforts to obtain employment
in the construction industry;
new text end

new text begin (5) increase the number of young adults
employed in the construction industry and
ensure that they reflect Minnesota's diverse
workforce; and
new text end

new text begin (6) enhance an industrywide marketing
campaign targeted to youth and young adults
about the depth and breadth of careers within
the construction industry.
new text end

new text begin Programs and services supported by grant
funds must give priority to individuals and
groups that are economically disadvantaged
or historically underrepresented in the
construction industry, including but not limited
to women, veterans, and members of minority
and immigrant groups.
new text end

new text begin (u) $1,000,000 each year is from the
workforce development fund for a grant to
Latino Communities United in Service
(CLUES) to expand culturally tailored
programs that address employment and
education skill gaps for working parents and
underserved youth by providing new job skills
training to stimulate higher wages for
low-income people, family support systems
designed to reduce intergenerational poverty,
and youth programming to promote
educational advancement and career pathways.
At least 50 percent of this amount must be
used for programming targeted at greater
Minnesota. This is a onetime appropriation.
new text end

new text begin (v) $800,000 each year is from the workforce
development fund for performance grants
under Minnesota Statutes, section 116J.8747,
to Twin Cities R!SE to provide training to
hard-to-train individuals. This is a onetime
appropriation and funds are available until
June 30, 2022.
new text end

new text begin (w) $5,939,000 the first year and $5,938,000
the second year are from the workforce
development fund for:
new text end

new text begin (1) a grant to Minnesota Diversified Industries,
Inc., to provide progressive development and
employment opportunities for persons with
disabilities;
new text end

new text begin (2) the getting to work grant program under
Minnesota Statutes, section 116J.545;
new text end

new text begin (3) a grant to the Minnesota High Tech
Association to support SciTechsperience;
new text end

new text begin (4) the Opportunities Industrialization Center
programs;
new text end

new text begin (5) rural career counseling coordinator
positions in the workforce service areas and
for the purposes specified in Minnesota
Statutes, section 116L.667;
new text end

new text begin (6) the pathways to prosperity grant program
under Minnesota Statutes, section 116L.25;
new text end

new text begin (7) a grant to Bridges to Healthcare to provide
career education, wraparound support services,
and job skills training in high-demand health
care fields to low-income parents, nonnative
speakers of English, and other hard-to-train
individuals;
new text end

new text begin (8) a grant to Avivo to provide low-income
individuals with career education and job skills
training that are fully integrated with chemical
and mental health services;
new text end

new text begin (10) a grant to Advocating Change Together
to address barriers to employment for people
with disabilities and provide skills training.
new text end

new text begin (x) $500,000 each year is from the workforce
development fund 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 (y) $1,000,000 each year is from the
workforce development fund for a grant to the
Hmong American Partnership, in collaboration
with community partners, for services
targeting Minnesota communities with the
highest concentrations of Southeast Asian
joblessness, based on the most recent census
tract data, to provide employment readiness
training, credentialed training placement, job
placement and retention services, supportive
services for hard-to-employ individuals, and
a general education development fast track
and adult diploma program. This is a onetime
appropriation.
new text end

new text begin (z) $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 (aa) $1,000,000 each year is for a grant to
Ujamaa Place for job training, employment
preparation, internships, education, training
in vocational trades, housing, and
organizational capacity building. This is a
onetime appropriation.
new text end

new text begin (bb) $750,000 each year is from the general
fund and $4,848,000 each year is from the
workforce development fund 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. This is a onetime appropriation.
new text end

new text begin (cc) $5,050,000 each year is from the
workforce development fund for:
new text end

new text begin (1) the youthbuild program under Minnesota
Statutes, sections 116L.361 to 116L.366;
new text end

new text begin (2) the Minnesota youth program under
Minnesota Statutes, sections 116L.56 and
116L.561;
new text end

new text begin (3) a grant to Big Brothers, Big Sisters of the
Greater Twin Cities for workforce readiness,
employment exploration, and skills
development for youth ages 12 to 21;
new text end

new text begin (4) a grant to the Minnesota Alliance of Boys
and Girls Clubs to administer a statewide
project of youth job skills and career
development;
new text end

new text begin (5) a grant to the Minneapolis Park and
Recreation Board for its youth workforce
employment program Learn to Earn/Teen
Teamworks;
new text end

new text begin (6) a grant to Youthprise for Opportunity
Reboot, a statewide initiative to address the
economic challenges of disconnected youth;
new text end

new text begin (7) a grant to Heartland Girls' Ranch for the
Hearts for Freedom program; and
new text end

new text begin (8) a grant to FIRST in Upper Midwest to
support competitive robotics teams.
new text end

new text begin The commissioner has discretion to allocate
these appropriations among the listed
programs and grantees, including awarding
zero funds to a listed program or grantee. The
commissioner has discretion to stipulate
reasonable terms for individual programs and
grants. Of these amounts, up to four percent
is for administration and monitoring of the
funded programs. This is a onetime
appropriation and funds are available until
June 30, 2021.
new text end

new text begin (dd) For appropriations under paragraphs (l),
(w), and (cc), where the commissioner has
discretion to allocate funds between listed
programs and grantees, by January 15 in 2021
and 2023, the commissioner must report to the
chairs and ranking minority members of the
committees of the house of representatives
and the senate with jurisdiction over workforce
development. This report must include:
new text end

new text begin (1) the process by which funds were allocated,
including any criteria considered;
new text end

new text begin (2) the programs and grantees which were
funded and the amounts of funding; and
new text end

new text begin (3) information on program or grant outcomes
achieved by the funding.
new text end

4,726,000

new text begin Appropriations by Fund new text end
new text begin General Fund new text end	new text begin 4,671,000 new text end	new text begin 4,671,000 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) $250,000 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 (b) $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 (c) $500,000 each year is for the
capacity-building grant program to assist
nonprofit organizations offering or seeking to
offer workforce development and economic
development programming.
new text end

2,292,000

new text begin (a) $300,000 each year is for the STEP grants
in Minnesota Statutes, section 116J.979.
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 (d) $50,000 each year is for the Trade Policy
Advisory Council under Minnesota Statutes,
section 116J.9661.
new text end

37,941,000

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 30,111,000 new text end	new text begin 30,111,000 new text end
new text begin Workforce Development new text end	new text begin 7,830,000 new text end	new text begin 7,830,000 new text end

new text begin (a) $14,800,000 each year is for the state's
vocational rehabilitation program under
Minnesota Statutes, chapter 268A.
new text end

new text begin (b) $8,995,000 each year from the general fund
and $6,830,000 each year from the workforce
development fund is for extended employment
services for persons with severe disabilities
under Minnesota Statutes, section 268A.15.
Of the general fund amount appropriated,
$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.
new text end

new text begin (c) $2,555,000 each year 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) $3,761,000 each year is for grants to
centers for independent living under
Minnesota Statutes, section 268A.11. Of these
amounts, at least $100,000 each year must be
used for providing services to veterans.
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

6,425,000

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

10,549,000

21,975,000

new text begin (a) $10,549,000 the first year and $21,442,000
the second year are for the purposes of
Minnesota Statutes, chapter 268B.
Unexpended funds appropriated in the first
year are available in the second year. In fiscal
year 2022, the base amount is $14,596,000;
in fiscal year 2023, the base amount is
$13,681,000; in fiscal year 2024, the base
amount is $11,520,000; and in fiscal year 2025
and beyond, the base amount is $0.
new text end

new text begin (b) $533,000 the second year is for the purpose
of outreach, education, and technical
assistance for employees and employers
regarding Minnesota Statutes, chapter 268B.
Of the amount appropriated, at least one-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. This
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. This is a
onetime appropriation.
new text end

10,000,000

-0-

new text begin $10,000,000 the first year is for transfer to the
commissioner of agriculture to award need
based grants to Minnesota dairy producers
who milk herds of no more than 750 cows for
buy-in to the federal Dairy Margin Coverage
Program. The commissioner of agriculture
must develop eligibility criteria in consultation
with the chairs and ranking minority members
of the legislative committees with jurisdiction
over agriculture finance.
new text end

new text begin $
new text end

new text begin 36,680,000
new text end

new text begin $
new text end

new text begin 35,067,000
new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin 9,056,000 new text end	new text begin 10,445,000 new text end
new text begin Workers' Compensation new text end	new text begin 25,088,000 new text end	new text begin 22,088,000 new text end
new text begin Workforce Development new text end	new text begin 2,534,000 new text end	new text begin 2,534,000 new text end

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

8,039,000

8,339,000

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,250,000 new text end	new text begin 1,550,000 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 Workforce Development Fund new text end	new text begin 750,000 new text end	new text begin 750,000 new text end

new text begin (a) Except as provided in paragraphs (b) and
(c), this appropriation is from the workers'
compensation fund.
new text end

new text begin (b) $1,250,000 the first year and $1,550,000
the second year are from the general fund for
system upgrades. This is a onetime
appropriation and funds are available until
June 30, 2023. 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 (c) $750,000 each year is from the workforce
development fund to administer the youth
skills training program and make grant awards
under Minnesota Statutes, section 175.46.
new text end

9,590,000

11,429,000

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 7,806,000 new text end	new text begin 8,895,000 new text end
new text begin Workforce Development new text end	new text begin 1,784,000 new text end	new text begin 1,784,000 new text end

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

new text begin (b) $3,866,000 the first year and $4,072,000
the second year are for enforcement and other
duties regarding earned sick and safe time
under Minnesota Statutes, section 181.9445
and chapter 177. In fiscal year 2022, the base
amount is $2,874,000 and in fiscal year 2023
and beyond, the base amount is $2,873,000.
new text end

new text begin (c) $214,000 the first year and $377,000 the
second year are for the purpose of outreach,
education, and technical assistance for
employees, employers, and self-employed
individuals regarding Minnesota Statutes,
chapter 268B. This 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.
Unexpended amounts appropriated the first
year are available in the second year. This is
a onetime appropriation.
new text end

new text begin (d) $382,000 the first year and $1,101,000 the
second year are for enforcement duties and
related administration under Minnesota
Statutes, chapter 268B. This is a onetime
appropriation.
new text end

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

new text begin (f) $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 (g) $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 (h) $400,000 each year is from the workforce
development fund for grants to the
Construction Careers Foundation for the
Helmets to Hardhats Minnesota initiative.
Grant funds must be used to recruit, retain,
assist, and support National Guard, reserve,
and active duty military members' and
veterans' participation into apprenticeship
programs registered with the Department of
Labor and Industry and connect them with
career training and employment in the building
and construction industry. The recruitment,
selection, employment, and training must be
without discrimination due to race, color,
creed, religion, national origin, sex, sexual
orientation, marital status, physical or mental
disability, receipt of public assistance, or age.
new text end

new text begin (i) In fiscal years 2020 and 2021 the
commissioner of labor and industry shall
utilize funds in the contractor recovery fund
for a statewide consumer awareness campaign
highlighting the importance of hiring licensed
contractors as well as the consequences of
hiring unlicensed contractors.
new text end

14,882,000

11,882,000

new text begin $3,000,000 the first year is from the workers'
compensation fund for workers' compensation
system upgrades. This amount is available
until June 30, 2023. This is a onetime
appropriation.
new text end

new text begin This appropriation includes funds for
information technology project services and
support subject to the provisions of 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

4,167,000

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

new text begin $
new text end

new text begin 2,222,000
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

new text begin $
new text end

new text begin 3,076,000
new text end

new text begin $
new text end

new text begin 3,076,000
new text end

new text begin (a) $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 (b) $68,000 each year is from the general fund
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) $394,000 each year is for the Office of
Collaboration and Dispute Resolution under
Minnesota Statutes, section 179.90. Of this
amount, $160,000 each year is for grants under
Minnesota Statutes, section 179.91.
new text end

new text begin $
new text end

new text begin 25,873,000
new text end

new text begin $
new text end

new text begin 25,345,000
new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 23,055,000 new text end	new text begin 22,526,000 new text end
new text begin Special Revenue new text end	new text begin 2,060,000 new text end	new text begin 2,060,000 new text end
new text begin Workers' Compensation new text end	new text begin 758,000 new text end	new text begin 759,000 new text end

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

1,131,000

1,136,000

new text begin (a) $400,000 each year is for a grant to Prepare
and Prosper to develop, market, evaluate, and
distribute a financial services inclusion
program that (1) assists low-income and
financially underserved populations to build
savings and strengthen credit, and (2) provides
services to assist low-income and financially
underserved populations to become more
financially stable and secure. Money
remaining after the first year is available for
the second year.
new text end

new text begin (b) $100,000 each year is for a grant to Exodus
Lending to assist individuals in reaching
financial stability and resolving payday loans.
This is a onetime appropriation and funds are
available until June 30, 2022.
new text end

new text begin (c) $200,000 each year is to administer the
requirements of Minnesota Statutes, chapter
58B. This is a onetime appropriation.
new text end

9,645,000

8,955,000

new text begin (a) $384,000 each year is for additional
compliance efforts with unclaimed property.
The commissioner may issue contracts for
these services.
new text end

new text begin (b) $100,000 each year is for the support of
broadband development.
new text end

new text begin (c) $33,000 each year is for rulemaking and
administration under Minnesota Statutes,
section 80A.461.
new text end

new text begin (d) $960,000 the first year is to pay the award
in the SafeLite Group, Inc., litigation.
new text end

3,097,000

3,107,000

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,037,000 new text end	new text begin 1,047,000 new text end
new text begin Special Revenue new text end	new text begin 2,060,000 new text end	new text begin 2,060,000 new text end

new text begin $2,060,000 each year is from the
telecommunication access Minnesota fund
account in the special revenue fund for the
following transfers. This appropriation is
added to the department's base:
new text end

new text begin (1) $1,620,000 each year is to the
commissioner of human services to
supplement the ongoing operational expenses
of the Commission of the Deaf, DeafBlind and
Hard of Hearing;
new text end

new text begin (2) $290,000 each year is to the chief
information officer for the purpose of
coordinating technology accessibility and
usability;
new text end

new text begin (3) $100,000 each year is to the Legislative
Coordinating Commission for captioning of
legislative coverage. This transfer is subject
to Minnesota Statutes, section 16A.281; and
new text end

new text begin (4) $50,000 each year is to the Office of
MN.IT Services for a consolidated access fund
to provide grants or services to other state
agencies related to accessibility of their
web-based services.
new text end

6,417,000

6,507,000

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 6,217,000 new text end	new text begin 6,307,000 new text end
new text begin Workers' Compensation new text end	new text begin 200,000 new text end	new text begin 200,000 new text end

new text begin (a) $279,000 each year is for health care
enforcement.
new text end

new text begin (b) $250,000 each year is for a statewide
education and outreach campaign to protect
seniors, meaning those 60 years of age or
older, vulnerable adults, as defined in
Minnesota Statutes, section 626.5572,
subdivision 21, and their caregivers from
financial fraud and exploitation. The education
and outreach campaign must include but is not
limited to the dissemination of information
through television, print, or other media,
training and outreach to senior living facilities,
and the creation of a senior fraud toolkit. This
is a onetime appropriation.
new text end

5,583,000

5,640,000

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 5,025,000 new text end	new text begin 5,081,000 new text end
new text begin Workers' Compensation new text end	new text begin 558,000 new text end	new text begin 559,000 new text end

new text begin (a) $642,000 each year is for health insurance
rate review staffing.
new text end

new text begin (b) $412,000 each year is for actuarial work
to prepare for implementation of
principle-based reserves.
new text end

new text begin $
new text end

new text begin 51,000
new text end

new text begin $
new text end

new text begin 106,000
new text end

new text begin (a) $29,000 the first year and $13,000 the
second year are for implementation and costs
associated with paid family and medical leave
under Minnesota Statutes, chapter 268B.
new text end

new text begin (b) $22,000 the first year and $93,000 the
second year are for costs associated with
earned sick and safe time under Minnesota
Statutes, section 181.9445.
new text end

new text begin $
new text end

new text begin -0-
new text end

new text begin $
new text end

new text begin 15,000
new text end

new text begin $15,000 the second year is for responsibilities
related to Minnesota Statutes, chapter 268B.
This is a onetime appropriation.
new text end

new text begin $
new text end

new text begin 654,000
new text end

new text begin $
new text end

new text begin 654,000
new text end

new text begin $654,000 each year is for wage theft
prevention.
new text end

Minnesota Statutes 2018, section 13.719, is amended by adding a subdivision
to read:

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

Minnesota Statutes 2018, section 177.27, subdivision 4, is amended to read:

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 begin anddeleted text end 181.939 to 181.943,new text begin 268B.09, subdivisions 1 to 6, and
268B.12, subdivision 2,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.

Minnesota Statutes 2018, section 181.032, is amended to read:

(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 at least 12 monthsnew 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 hourly rate of pay (if applicable);

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

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

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

new text begin (6) any amount deducted by the employer under section 268B.12, subdivision 2, and
the amount paid by the employer based on the employee's wages under section 268B.12,
subdivision 1;
new text end

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

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

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

(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.

Minnesota Statutes 2018, section 268.19, subdivision 1, is amended to read:

(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 food stamps or food
support, 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 begin and
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 end new 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.

new text begin For the purposes of this chapter, the terms defined in this section
have the meanings given them.
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 "Applicant" means an individual applying for leave with benefits
under this chapter.
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 "Benefit" or "benefits" mean 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 "Benefit year" means a period of 52 consecutive calendar weeks
beginning on the first day of a leave approved for benefits under this chapter.
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 "Calendar day" or "day" means a fixed 24-hour period
corresponding to a single calendar date.
new text end

new text begin "Calendar week" means a period of seven consecutive calendar
days.
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 A serious health condition involving continuing
treatment by a health care provider includes any one or more of the following:
new text end

new text begin (1) 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 (i) treatment two or more times within 30 calendar days of the first day of incapacity,
unless extenuating circumstances exist, by a health care provider; or
new text end

new text begin (ii) 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 (2) any period of incapacity or treatment for such incapacity due to a chronic serious
health condition. A chronic serious health condition is one that:
new text end

new text begin (i) requires periodic visits, defined as at least twice per year, for treatment for the
incapacity by a health care provider;
new text end

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

new text begin (iii) may cause episodic rather than a continuing period of incapacity;
new text end

new text begin (3) a period of incapacity that is long-term due to a condition for which treatment may
not be effective, with the employee or family member under the supervision of, but not
necessarily receiving active treatment by a health care provider; and
new text end

new text begin (4) any period of absence to receive multiple treatments by a health care provider,
including any period of recovery therefrom, for:
new text end

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

new text begin (ii) a condition that would likely result in a period of incapacity of more than seven
consecutive, calendar days in the absence of medical intervention or treatment, such as
cancer, severe arthritis, or kidney disease.
new text end

new text begin "Covered employment" has the meaning given in
section 268.035, subdivision 12.
new text end

new text begin "Day" means an eight-hour period.
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 "Employee" means an individual for whom premiums are paid on
wages under this chapter.
new text end

new text begin "Employer" means a person or entity, other than an employee,
required to pay premiums under this chapter, except that a self-employed individual who
has elected and been approved for coverage under section 268B.11 is not considered an
employer with regard to the self-employed individual's own coverage and benefits.
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 "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 "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 (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 an individual described in paragraph (e).
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.
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 a leave under this chapter.
new text end

new text begin (e) For the purposes of this chapter, an individual with a serious health condition is
deemed a family member of the employee if (1) a health care provider certifies in writing
that the individual requires care relating to the serious health condition, and (2) the employee
and the care recipient certify in writing that the employee will be providing the required
care.
new text end

new text begin "Health care provider" means an individual who is
licensed, certified, or otherwise authorized under law to practice in the individual's scope
of practice as a physician, osteopath, physician assistant, chiropractor, advanced practice
registered nurse, licensed psychologist, licensed independent clinical social worker, or
dentist. "Chiropractor" means only a chiropractor who provides manual manipulation of
the spine to correct a subluxation demonstrated to exist by an x-ray.
new text end

new text begin "High quarter" has the meaning given in section 268.035,
subdivision 19.
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 will 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 "Inpatient care" means an overnight stay in a hospital, hospice,
or residential medical care facility, including any period of incapacity defined under
subdivision 33, paragraph (b), or any subsequent treatment in connection with such inpatient
care.
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 "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 "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 "Noncovered employment" has the meaning given
in section 268.035, subdivision 20.
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 (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 "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 "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 "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 "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 (a) "Serious health condition" means an illness,
injury, impairment, or physical or mental condition that involves inpatient care as defined
in subdivision 24 or continuing treatment by a health care provider as defined in subdivision
11.
new text end

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

new text begin (c) Treatment includes but is not limited to examinations to determine if a serious health
condition exists and evaluations of the condition. Treatment does not include routine physical
examinations, eye examinations, or dental examinations. A regimen of continuing treatment
includes, for example, a course of prescription medication or therapy requiring special
equipment to resolve or alleviate the health condition.
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 "Taxable year" has the meaning given in section 290.01,
subdivision 9.
new text end

new text begin "Wage credits" has the meaning given in section 268.035,
subdivision 27.
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 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 The commissioner may adopt rules to implement the provisions
of this chapter.
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.15.
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

new text begin An applicant who has a serious health condition, has a
qualifying exigency, is taking safety leave, is providing family care, is bonding, or is pregnant
or recovering from pregnancy, and who satisfies the conditions of this section is eligible to
receive benefits subject to the provisions of this chapter.
new text end

new text begin An applicant must have sufficient wage credits from an employer
or employers as defined in section 268B.01, subdivision 16, to establish a benefit account
under section 268.07, subdivision 2.
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 (a) An applicant is not eligible for benefits for any portion of a day
for which the applicant worked for pay.
new text end

new text begin (b) An applicant is not eligible for benefits for any day for which the applicant received
benefits under chapter 176 or 268.
new text end

new text begin An applicant for benefits under this chapter must fulfill the
certification requirements under section 268B.04, subdivision 2.
new text end

new text begin An individual whose medical records are necessary to
determine eligibility for benefits under this chapter must sign and date a legally effective
waiver authorizing release of medical or other records, to the limited extent necessary to
administer or enforce this chapter, to the department and the Department of Labor and
Industry.
new text end

new text begin To fulfill the requirements of this section,
a self-employed individual or independent contractor who has elected and been approved
for coverage under section 268B.011 must fulfill only the requirements of subdivisions 3,
4, 5, and 6.
new text end

new text begin Applicants must file a benefit claim pursuant to rules
promulgated by the commissioner within 90 calendar days of the related qualifying event.
If a claim is filed more than 90 calendar days after the start of leave, the covered individual
may receive reduced benefits. All claims shall include a certification supporting a request
for leave under this chapter. The commissioner must establish good cause exemptions from
the certification requirement deadline in the event that a serious health condition of the
applicant prevents the applicant from providing the required certification within the 90
calendar days.
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

new text begin Upon the filing of a complete application for benefits, the commissioner shall examine
the application and on the basis of facts found by the commissioner and records maintained
by the department, the applicant shall be determined to be eligible or ineligible within two
weeks. If the application is determined to be valid, the commissioner shall promptly notify
the applicant and any other interested party as to the week when benefits commence, the
weekly benefit amount payable, and the maximum duration of those benefits. If the
application is determined to be invalid, the commissioner shall notify the applicant and any
other interested party of that determination and the reasons for it. If the processing of the
application is delayed for any reason, the commissioner shall notify the applicant, in writing,
within two weeks of the date the application for benefits is filed of the reason for the delay.
Unless the applicant or any other interested party, within 30 calendar days, requests a hearing
before a benefit judge, the determination is final. For good cause shown, the 30-day period
may be extended. At any time within one year from the date of a monetary determination,
the commissioner, upon request of the applicant or on the commissioner's own initiative,
may reconsider the determination if it is found that an error in computation or identity has
occurred in connection with the determination or that additional wages pertinent to the
applicant's status have become available, or if that determination has been made as a result
of a nondisclosure or misrepresentation of a material fact.
new text end

new text begin (a) Upon a determination under section 268B.05 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;
new text end

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

new text begin (6) descriptions of the employer's right to participate in a hearing under section 268B.05,
and appeal process under section 268B.07.
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 (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 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 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 (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

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 weekly wage:
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) Notwithstanding any other provision in this section, weekly benefits must not exceed
the maximum weekly benefit amount applicable at the time benefit payments commence.
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 (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 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 increment of one day. The
minimum increment of one day may consist of multiple, nonconsecutive portions of a day
totaling eight hours.
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

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 (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 such notice was not practicable upon a request from
the employer for such information.
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 section 268B.04, subdivision 2. 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.22, 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 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 (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 268B.08, subdivision 3.
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 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 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 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 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 (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 such 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
the like, 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 the provisions of clause (1). However,
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
such 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 cannot 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, however, 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. Also, 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. However,
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 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 (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 a 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

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.08 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 (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 be continued 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 (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 (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 (10) coverage will be continued under the private plan while an employee remains
employed by the employer.
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 An employer with an approved
private plan will not be required to pay premiums established under section 268B.12. An
employer with an approved private plan will be 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 will review and
report on the adequacy of this fee to cover private plan administrative costs annually
beginning in 2020 as part of the annual report established in section 268B.21.
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 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 (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 An employer with a private plan
must provide a notice prepared by or approved by the commissioner regarding the private
plan consistent with the provisions of section 268B.22.
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 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 (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 (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 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 The commissioner may investigate and audit plans
approved under this section both before and after the plans are approved.
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 an election
agreement. 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 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 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.12, subdivision 4, 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 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.08, subdivision 1,
must calculated as a percentage of the self-employed individual's self-employment premium
base, rather than wages.
new text end

new text begin (a) Each person or entity required, or who elected, to register
for a tax account under sections 268.042, 268.045, and 268.046 must pay a premium on the
wages paid to employees in covered employment for each calendar year. The premium must
be paid on all wages up to the maximum specified by this section.
new text end

new text begin (b) Each person or entity required, or who elected, to register for a reimbursable account
under sections 268.042, 268.045, and 268.046 must pay a premium on the wages paid to
employees in covered employment in the same amount and manner as provided by paragraph
(a).
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 (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.
new text end

new text begin (b) The maximum payment amount subject to premium in a calendar year, under
subdivision 1, paragraph (c), 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 The employer premium rates for the calendar year
beginning January 1, 2021, 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 (a) Each calendar year following the calendar
year beginning January 1, 2023, 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 All premiums collected under this section must be
deposited into the account.
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

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

new text begin (1) premiums due 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) a court or administrative order directs that the payment be applied to a specific
obligation;
new text end

new text begin (3) a preexisting payment plan provides for the application of payment; or
new text end

new text begin (4) the commissioner agrees to apply the payment to a different priority.
new text end

new text begin (a) Any employer 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 to 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 account.
new text end

new text begin If any amounts due from an employer under
this chapter, except late fees, are not received on the date due, the unpaid balance bears
interest at the rate of one percent per month or any part of a month. Interest collected under
this subdivision is payable to the account.
new text end

new text begin Regardless of section 549.09, if 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 4 until the date of payment.
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 United States mail or electronic transmission. The
determination of denial is final unless an employer files an appeal within 20 calendar days
after receipt of the determination.
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 268B.12, subdivision 2, and return any amount erroneously deducted
to each affected employee.
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 that are 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.
new text end

new text begin From July 1, 2021, through December 31, 2021, the commissioner may spend up to
seven percent of premiums collected under section 268B.13 for administration of this chapter.
Beginning January 1, 2022, 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

new text begin Beginning in fiscal year 2022, 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
268B.14, 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

new text begin (a) Any applicant who knowingly makes a false statement or representation, knowingly
fails to disclose a material fact, or 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 ineligibility of 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 United States mail or electronic transmission. The determination
is final unless an appeal is filed within 30 calendar days after receipt of the determination.
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

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
investigate, 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.
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 account.
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, must be 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

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

new text begin (a) Annually, beginning on or before December 1, 2021, the commissioner must 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 268B.15;
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) Annually, beginning on or before December 1, 2022, the commissioner must 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

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, which
ever 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 subsection 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-owner computer during an employee's regular working
hours to review and print required notices.
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 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

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

new text begin (a) Benefits under Minnesota Statutes, chapter 268B, shall not be applied for or paid
until January 1, 2022, and thereafter.
new text end

new text begin (b) Sections 1, 2, 4, 5, and 6 are effective July 1, 2019.
new text end

new text begin (c) Section 15 is effective July 1, 2020.
new text end

new text begin (d) Sections 3, 17, 18, 22, 23, 24, and 26 are effective January 1, 2021.
new text end

new text begin (e) Sections 19 and 20 are effective July 1, 2021.
new text end

new text begin (f) Sections 7, 8, 9, 10, 11, 12, 13, 14, 16, 21, 25, 27, 28, and 29 are effective January
1, 2022.
new text end

Minnesota Statutes 2018, section 256J.561, is amended by adding a subdivision
to read:

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

Minnesota Statutes 2018, section 256J.95, subdivision 3, is amended to read:

(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 end new 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.

Minnesota Statutes 2018, section 256J.95, subdivision 11, is amended to read:

(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 begin that has a natural born child under 12 months
of agedeleted text end is not required to have an employment plan deleted text begin 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).deleted text end new 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.

Minnesota Statutes 2018, section 256P.01, subdivision 3, is amended to read:

"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 begin benefits
paid under chapter 268B, new text end payments 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.

new text begin Sections 1 to 4 are effective January 1, 2022.
new text end

new text begin The commissioner of employment and economic development
shall make grants to nonprofit organizations to establish and operate programs under this
section that provide, repair, or maintain motor vehicles to assist eligible individuals in
obtaining or maintaining employment. All grants shall be for two years.
new text end

new text begin A grantee must:
new text end

new text begin (1) qualify under section 501(c)(3) of the Internal Revenue Code; and
new text end

new text begin (2) at the time of application, offer or have the demonstrated capacity to offer a motor
vehicle program that provides the services required under subdivision 3.
new text end

new text begin (a) A program must offer one or more of the following
services:
new text end

new text begin (1) provision of new or used motor vehicles by gift, sale, or lease;
new text end

new text begin (2) motor vehicle repair and maintenance services; or
new text end

new text begin (3) motor vehicle loans.
new text end

new text begin (b) In addition to the requirements of paragraph (a), a program must offer one or more
of the following services:
new text end

new text begin (1) financial literacy education;
new text end

new text begin (2) education on budgeting for vehicle ownership;
new text end

new text begin (3) car maintenance and repair instruction;
new text end

new text begin (4) credit counseling; or
new text end

new text begin (5) job training related to motor vehicle maintenance and repair.
new text end

new text begin An application for a grant must be on a form provided by the
commissioner and on a schedule set by the commissioner. An application must, in addition
to any other information required by the commissioner, include the following:
new text end

new text begin (1) a detailed description of all services to be offered;
new text end

new text begin (2) the area to be served;
new text end

new text begin (3) the estimated number of program participants to be served by the grant; and
new text end

new text begin (4) a plan for leveraging resources from partners that may include but are not limited
to:
new text end

new text begin (i) automobile dealers;
new text end

new text begin (ii) automobile parts dealers;
new text end

new text begin (iii) independent local mechanics and automobile repair facilities;
new text end

new text begin (iv) banks and credit unions;
new text end

new text begin (v) employers;
new text end

new text begin (vi) employment and training agencies;
new text end

new text begin (vii) insurance companies and agents;
new text end

new text begin (viii) local workforce centers; and
new text end

new text begin (ix) educational institutions including vocational institutions and jobs or skills training
programs.
new text end

new text begin (a) To be eligible to receive program services, a person
must:
new text end

new text begin (1) have a household income at or below 200 percent of the federal poverty level;
new text end

new text begin (2) be at least 18 years of age;
new text end

new text begin (3) have a valid driver's license;
new text end

new text begin (4) provide the grantee with proof of motor vehicle insurance; and
new text end

new text begin (5) demonstrate to the grantee that a motor vehicle is required by the person to obtain
or maintain employment.
new text end

new text begin (b) This subdivision does not preclude a grantee from imposing additional requirements
consistent with paragraph (a) for the receipt of program services.
new text end

new text begin By February 15, 2021, and each January 15 in an
odd-numbered year thereafter, the commissioner shall submit a report to the chairs of the
house of representatives and senate committees with jurisdiction over workforce and
economic development on program outcomes. At a minimum, the report must include:
new text end

new text begin (1) the total number of program participants;
new text end

new text begin (2) the number of program participants who received each of the following:
new text end

new text begin (i) provision of a motor vehicle;
new text end

new text begin (ii) motor vehicle repair services; and
new text end

new text begin (iii) motor vehicle loans;
new text end

new text begin (3) the number of program participants who report that they or their children were able
to increase their participation in community activities such as after-school programs, other
youth programs, church or civic groups, or library services as a result of participation in the
program; and
new text end

new text begin (4) an analysis of the impact of the getting to work grant program on the employment
rate and wages of program participants.
new text end

Minnesota Statutes 2018, section 116J.8731, subdivision 5, is amended to read:

A Minnesota investment fund grant may not be approved for an
amount in excess of $1,000,000new text begin , except that a grant of up to $2,000,000 is allowable for
projects that have at least $25,000,000 in capital investment and 150 new employeesnew text end . This
limit covers all money paid to complete the same project, whether paid to one or more grant
recipients and whether paid in one or more fiscal years. A local community or recognized
Indian tribal government may retain 40 percent, but not more than $100,000, of a Minnesota
investment fund grant when it is repaid to the local community or recognized Indian tribal
government by the person or entity to which it was loaned by the local community or Indian
tribal government. Money repaid to the state must be credited to a Minnesota investment
revolving loan account in the state treasury. Funds in the account are appropriated to the
commissioner and must be used in the same manner as are funds appropriated to the
Minnesota investment fund. Funds repaid to the state through existing Minnesota investment
fund agreements must be credited to the Minnesota investment revolving loan account
effective July 1, 2005. A grant or loan may not be made to a person or entity for the operation
or expansion of a casino or a store which is used solely or principally for retail sales. Persons
or entities receiving grants or loans must pay each employee total compensation, including
benefits not mandated by law, that on an annualized basis is equal to at least deleted text begin 110deleted text end new text begin 125new text end percent
of the federal poverty level for a family of four.

Minnesota Statutes 2018, section 116J.8748, subdivision 4, is amended to read:

(a) The commissioner may certify a Minnesota job
creation fund business as eligible to receive a specific value of benefit under paragraphs (b)
and (c) when the business has achieved its job creation and capital investment goals noted
in its agreement under subdivision 3.

(b) A qualified Minnesota job creation fund business may be certified eligible for the
benefits in this paragraph for up to five years for projects located in the metropolitan area
as defined in section 200.02, subdivision 24, and seven years for projects located outside
the metropolitan area, as determined by the commissioner when considering the best interests
of the state and local area. Notwithstanding section 16B.98, subdivision 5, paragraph (a),
clause (3), or 16B.98, subdivision 5, paragraph (b), grant agreements for projects located
outside the metropolitan area may be for up to seven years in length. The eligibility for the
following benefits begins the date the commissioner certifies the business as a qualified
Minnesota job creation fund business under this subdivision:

(1) up to five percent rebate for projects located in the metropolitan area as defined in
section 200.02, subdivision 24, and 7.5 percent for projects located outside the metropolitan
area, on capital investment on qualifying purchases as provided in subdivision 5 with the
total rebate for a project not to exceed $500,000;

(2) an award of up to $500,000 based on full-time job creation and wages paid as provided
in subdivision 6 with the total award not to exceed $500,000;

(3) up to $1,000,000 in capital investment rebates and $1,000,000 in job creation awards
are allowable for projects that have at least $25,000,000 in capital investment and 200 new
employees in the metropolitan area as defined in section 200.02, subdivision 24, and 75
new employees for projects located outside the metropolitan area;

(4) up to $1,000,000 in capital investment rebates are allowable for projects that have
at least $25,000,000 in capital investment and 200 retained employees for projects located
in the metropolitan area as defined in section 200.02, subdivision 24, and 75 employees for
projects located outside the metropolitan area; and

(5) for clauses (3) and (4) only, the capital investment expenditure requirements may
include the installation and purchases of machinery and equipment. These expenditures are
not eligible for the capital investment rebate provided under subdivision 5.

(c) The job creation award may be provided in multiple years as long as the qualified
Minnesota job creation fund business continues to meet the job creation goals provided for
in its agreement under subdivision 3 and the total award does not exceed $500,000 except
as provided under paragraph (b), clauses (3) and (4).

(d) No rebates or award may be provided until the Minnesota job creation fund business
or a third party constructing or managing the project has at least $500,000 in capital
investment in the project and at least ten full-time jobs have been created and maintained
for at least one year or the retained employees, as provided in paragraph (b), clause (4),
remain for at least one year. The agreement may require additional performance outcomes
that need to be achieved before rebates and awards are provided. If fewer retained jobs are
maintained, but still above the minimum under this subdivision, the capital investment
award shall be reduced on a proportionate basis.

(e) The forms needed to be submitted to document performance by the Minnesota job
creation fund business must be in the form and be made under the procedures specified by
the commissioner. The forms shall include documentation and certification by the business
that it is in compliance with the business subsidy agreement, sections 116J.871 and 116L.66,
and other provisions as specified by the commissioner.

(f) Minnesota job creation fund businesses must pay each new full-time employee added
pursuant to the agreement total compensation, including benefits not mandated by law, that
on an annualized basis is equal to at least deleted text begin 110deleted text end new text begin 125new text end percent of the federal poverty level for
a family of four.

(g) A Minnesota job creation fund business must demonstrate reasonable progress on
capital investment expenditures within six months following designation as a Minnesota
job creation fund business to ensure that the capital investment goal in the agreement under
subdivision 1 will be met. Businesses not making reasonable progress will not be eligible
for benefits under the submitted application and will need to work with the local government
unit to resubmit a new application and request to be a Minnesota job creation fund business.
Notwithstanding the goals noted in its agreement under subdivision 1, this action shall not
be considered a default of the business subsidy agreement.

Minnesota Statutes 2018, section 116J.8748, subdivision 6, is amended to read:

(a) A qualified Minnesota job creation fund business is
eligible for an annual award for each new job created and maintained by the business using
the following schedule: $1,000 for each job position paying annual wages at least deleted text begin $26,000deleted text end new text begin
$32,188new text end but deleted text begin less than $35,000deleted text end new text begin no more than $37,707new text end ; $2,000 for each job position paying
deleted text begin at least $35,000deleted text end new text begin more than $37,707new text end but deleted text begin less than $45,000deleted text end new text begin no more than $47,965new text end ; and $3,000
for each job position paying deleted text begin at least $45,000deleted text end new text begin more than $47,965new text end ; and as noted in the goals
under the agreement provided under subdivision 1. These awards are increased by $1,000
if the business is located outside the metropolitan area as defined in section 200.02,
subdivision 24, or if 51 percent of the business is cumulatively owned by minorities, veterans,
women, or persons with a disability.

(b) The job creation award schedule must be adjusted annually using the percentage
increase in the federal poverty level for a family of four.

(c) Minnesota job creation fund businesses seeking an award credit provided under
subdivision 4 must submit forms and applications to the Department of Employment and
Economic Development as prescribed by the commissioner.

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, connected to a specific industry
sector, that combines basic skills training, education, and support services and results in
either industry-specific training or an employer-recognized credential.
new text end

new text begin (c) "Commissioner" means the commissioner of employment and economic development.
new text end

new text begin (d) "Pathways to prosperity grant program" or "grant program" means the competitive
grant program created in this section.
new text end

new text begin The commissioner shall establish a pathways to prosperity
grant program to award grants to organizations to train adults facing the greatest employment
disparities and to assist them in finding employment in high-demand occupations with
long-term employment opportunities.
new text end

new text begin (a) The commissioner shall award grants to organizations
through a competitive grant process.
new text end

new text begin (b) The commissioner shall develop grant-making criteria for the grant program. 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. At least
once every biennium, the commissioner shall consult with workforce development service
providers on program criteria and administration.
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 (a) By January 15, 2020, and by January 15 of each even-numbered year thereafter, the
commissioner of employment and economic development must submit a report to the chairs
of the legislative committees with jurisdiction over workforce development that provides
an inventory of all workforce development programs either provided by or overseen by any
branch of the state of Minnesota.
new text end

new text begin (b) Programs related to workforce development that must be included in the report
include those that:
new text end

new text begin (1) are federally funded or state funded;
new text end

new text begin (2) provide assistance to either businesses or individuals; or
new text end

new text begin (3) support internships, apprenticeships, career and technical education, or any form of
employment training.
new text end

new text begin (c) For each workforce development program, the report must include, at a minimum,
the following information:
new text end

new text begin (1) details of program costs;
new text end

new text begin (2) the number of staff, both within the department and any outside organization;
new text end

new text begin (3) the number of program participants;
new text end

new text begin (4) a short description of what each program does;
new text end

new text begin (5) to the extent practical, quantifiable measures of program success;
new text end

new text begin (6) any data necessary to describe the work of the program;
new text end

new text begin (7) any data necessary to describe or evaluate the success of the program; and
new text end

new text begin (8) a plan for how the program can best measure its success in a manner useful and
understandable to those responsible for funding the program in the future.

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 2020
new text end

new text begin 2021
new text end