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Capital IconMinnesota Legislature

HF 2208

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 04/09/2019 09:08am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11
2.12 2.13
2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27
2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26
25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 25.36 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18
29.19 29.20 29.21 29.22
29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 30.1 30.2 30.3 30.4 30.5
30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5
33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15
33.16 33.17 33.18 33.19 33.20 33.21 33.22
33.23 33.24 33.25 33.26
33.27 33.28 33.29
34.1 34.2
34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14
34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 35.1 35.2
35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30
36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33
38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 44.1 44.2 44.3 44.4
44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20
44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21
45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8
47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27
47.28 47.29 47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7
48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 49.1 49.2
49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 50.1 50.2
50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23
51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25
55.26 55.27 55.28 55.29 55.30 55.31 55.32 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13
60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19
61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8
63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4
65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13
65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21
65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31
66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23
66.24 66.25 66.26 66.27 66.28 66.29 66.30 67.1 67.2 67.3 67.4 67.5 67.6
67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15
67.16 67.17 67.18 67.19
67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22
68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29
70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15
70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 71.1 71.2 71.3 71.4
71.5 71.6 71.7 71.8
71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17
71.18 71.19
71.20 71.21 71.22 71.23 71.24
71.25 71.26 71.27 71.28 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24
72.25 72.26 72.27 72.28 72.29 72.30 72.31 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23
73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32
74.1 74.2
74.3 74.4
74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10
76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29
76.30 76.31 76.32 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25
78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4 79.5 79.6 79.7
79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32
80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23
80.24 80.25 80.26 80.27 80.28 80.29 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22
83.23 83.24 83.25
83.26
83.27 83.28 83.29 83.30 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22
84.23
84.24 84.25 84.26 84.27 84.28 84.29 84.30 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9
85.10
85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24
85.25
85.26 85.27 85.28 85.29 85.30 85.31 85.32
86.1
86.2 86.3 86.4 86.5 86.6
86.7
86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 88.35 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 90.34 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 91.35 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 92.35 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 94.35 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 95.34 95.35 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 97.35 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 98.35 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8
99.9
99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20
99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2 101.3 101.4 101.5
101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 105.34 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32
107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 109.1 109.2 109.3 109.4 109.5 109.6 109.7
109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28
111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12
111.13 111.14
111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14
113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31
114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18
114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29
114.30 114.31 114.32 114.33 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11
115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21
115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31
116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20
116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28
117.29 117.30 117.31 117.32 117.33 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17
118.18 118.19 118.20 118.21 118.22 118.23 118.24
118.25 118.26 118.27 118.28 118.29 118.30 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10
119.11 119.12 119.13 119.14
119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32
120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21
120.22 120.23 120.24 120.25
120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33
121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24
122.25 122.26 122.27 122.28 122.29 122.30 122.31 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24
123.25 123.26 123.27 123.28 123.29 123.30 123.31
123.32 123.33 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27
125.28 125.29 125.30 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 130.1 130.2
130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20
131.21 131.22
131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 132.1 132.2 132.3 132.4
132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31
139.32 139.33
140.1 140.2
140.3 140.4
140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21
140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8
141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34
142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 143.1 143.2 143.3 143.4
143.5
143.6 143.7
143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23
144.24 144.25
144.26 144.27 144.28 144.29 144.30 144.31 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24
145.25 145.26 145.27 145.28 145.29 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18
146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19
147.20 147.21
147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 148.1 148.2 148.3 148.4 148.5 148.6 148.7
148.8
148.9 148.10 148.11 148.12 148.13 148.14
148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 149.1 149.2
149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15
149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23
149.24 149.25 149.26 149.27 149.28 149.29
149.30
150.1 150.2 150.3 150.4 150.5 150.6 150.7
150.8
150.9 150.10 150.11 150.12 150.13
150.14
150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22
150.23
150.24 150.25 150.26 150.27
150.28
151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20
151.21
151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21
152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 152.34 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29
153.30 153.31 153.32 153.33 153.34 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22
154.23 154.24 154.25 154.26 154.27
154.28 154.29 154.30 154.31 154.32 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34
156.1 156.2 156.3 156.4 156.5 156.6 156.7
156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19
156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22
158.23 158.24 158.25 158.26 158.27 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8
159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18
159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13
161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21
161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31
162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28
162.29 162.30 162.31 162.32 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20
163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30
163.31 163.32 163.33 163.34 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8
165.9 165.10
165.11 165.12 165.13 165.14 165.15 165.16
165.17 165.18 165.19 165.20 165.21
165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24
166.25 166.26 166.27 166.28 166.29 166.30 167.1 167.2 167.3 167.4 167.5 167.6 167.7
167.8 167.9
167.10 167.11
167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14
169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 170.1 170.2
170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 171.1 171.2
171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31
172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17
172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13
173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31
174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 175.1 175.2 175.3 175.4
175.5
175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14
176.15
176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22
178.23
178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 178.33
179.1
179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28
179.29
180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8
181.9 181.10
181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14
182.15
182.16 182.17 182.18
182.19
182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13
184.14
184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19
185.20 185.21
185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 187.1 187.2 187.3 187.4
187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18
190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21
191.22 191.23
191.24 191.25
191.26 191.27 191.28 191.29 191.30 191.31 191.32
192.1
192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10
192.11
192.12 192.13
192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 193.33 193.34 193.35 194.1 194.2 194.3 194.4
194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12
195.13 195.14
195.15 195.16
195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31
196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19
196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 196.32 197.1 197.2
197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23
198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11
199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 199.33 200.1 200.2
200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28
201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21
201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26
202.27 202.28 202.29 202.30 202.31 202.32 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12
203.13 203.14
203.15 203.16
203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27
203.28 203.29 203.30 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32
205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12
205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23
205.24 205.25 205.26 205.27 205.28 205.29 205.30 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11
206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19
206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28
206.29 206.30
207.1 207.2
207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14
207.15 207.16
207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26
207.27 207.28 207.29 207.30 207.31 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24
208.25 208.26 208.27 208.28 208.29 208.30 208.31
209.1
209.2 209.3 209.4 209.5 209.6 209.7
209.8 209.9 209.10 209.11 209.12 209.13
209.14 209.15
209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24
215.25 215.26 215.27
216.1 216.2
216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31
218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14
219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 220.1 220.2
220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30 220.31 220.32 221.1 221.2 221.3 221.4 221.5 221.6
221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15
221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28
222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32
223.1 223.2 223.3 223.4
223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22
224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 225.32 225.33 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31 226.32 226.33 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20
227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28
228.1 228.2 228.3
228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21
228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29
229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9
229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25
229.26 229.27 229.28 229.29 229.30 229.31 230.1 230.2 230.3 230.4 230.5 230.6
230.7 230.8 230.9 230.10 230.11
230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19
230.20 230.21
230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 231.1 231.2 231.3
231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29 231.30 232.1 232.2 232.3 232.4 232.5 232.6 232.7
232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19
232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 233.1 233.2
233.3 233.4 233.5 233.6 233.7
233.8 233.9 233.10
233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 234.1 234.2 234.3 234.4
234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19
234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 234.29 234.30 235.1 235.2 235.3 235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24
235.25 235.26 235.27
235.28 235.29 235.30 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11
236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13
237.14 237.15 237.16 237.17 237.18 237.19 237.20
237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30
238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10
238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29
239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10
239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22
239.23 239.24
239.25 239.26 239.27 239.28 239.29 239.30 239.31 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15
240.16 240.17 240.18 240.19 240.20 240.21 240.22
240.23 240.24 240.25 240.26 240.27
241.1 241.2
241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10
241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22
241.23 241.24
241.25 241.26 241.27 241.28 241.29 241.30 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9
242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19
242.20 242.21
242.22 242.23 242.24 242.25 242.26 242.27
242.28
242.29 242.30
242.31 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11
243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 243.32 243.33 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 244.32 244.33 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 246.32
246.33 247.1 247.2 247.3 247.4 247.5
247.6 247.7
247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20
247.21 247.22 247.23 247.24
247.25 247.26 247.27 247.28 247.29 247.30 247.31 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 249.32 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 250.31 250.32
251.1
251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27
251.28
251.29 251.30 251.31 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15
252.16
252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 252.32 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8
253.9
253.10 253.11
253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25
253.26 253.27 253.28 253.29 253.30 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21 254.22 254.23
254.24
254.25 254.26 254.27 254.28 254.29 254.30 254.31 254.32 254.33 254.34 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28 255.29 255.30 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17 256.18 256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 256.32 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30
258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8
259.9
259.10 259.11 259.12 259.13 259.14
259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31 260.32 260.33 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 262.1 262.2 262.3 262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31 264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18
264.19 264.20
264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29 265.30 265.31 265.32
266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18
266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32
267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25 267.26
267.27
267.28 267.29 267.30 267.31 267.32 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 268.32 269.1 269.2 269.3 269.4 269.5
269.6
269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14
269.15
269.16 269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 269.30 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8
270.9
270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20 270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28 270.29 270.30 271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31 272.1 272.2
272.3
272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20 272.21 272.22 272.23
272.24 272.25 272.26 272.27 272.28 272.29 272.30 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 273.32 273.33
274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 274.31 274.32 274.33 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26
276.27 276.28 276.29 276.30 276.31 276.32 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 277.31 277.32 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 278.31 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20 279.21 279.22 279.23 279.24 279.25 279.26 279.27 279.28 279.29 279.30 279.31 279.32 279.33 279.34 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 280.30 280.31 280.32 280.33 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 281.32 281.33 281.34 281.35 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 282.31 283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 283.30 283.31
284.1 284.2 284.3 284.4 284.5 284.6 284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 284.32 284.33 284.34 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 285.33 285.34 286.1 286.2 286.3 286.4
286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 286.32 286.33 287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 287.31 287.32 287.33 287.34 288.1 288.2
288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32 288.33 288.34
289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20
289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 289.32 289.33 289.34 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32 290.33 290.34 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21
291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 291.33 291.34 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12
292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21
292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 292.31 292.32 292.33 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27
293.28
293.29 293.30 293.31 293.32 293.33 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28 294.29 294.30 294.31 294.32 294.33 294.34 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 296.1 296.2 296.3 296.4 296.5 296.6 296.7
296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24 296.25 296.26 296.27 296.28 296.29 296.30 296.31 296.32 296.33 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22 297.23 297.24 297.25 297.26 297.27 297.28 297.29 297.30 297.31 297.32 297.33 297.34 297.35 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20
298.21 298.22 298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31 298.32 298.33 298.34 299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32 299.33 300.1 300.2
300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12 301.13 301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30 301.31
302.1 302.2 302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12 302.13 302.14 302.15
302.16 302.17 302.18 302.19 302.20 302.21 302.22 302.23 302.24 302.25 302.26 302.27 302.28 302.29 302.30
303.1 303.2 303.3 303.4 303.5 303.6 303.7 303.8 303.9
303.10
303.11 303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25 303.26 303.27
303.28
303.29 303.30 303.31 303.32 304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18 304.19 304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30 304.31 304.32 304.33 305.1 305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22 305.23 305.24 305.25 305.26 305.27 305.28 305.29 305.30 305.31 305.32
306.1
306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13
306.14 306.15 306.16 306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27
306.28 306.29 306.30 306.31 306.32 307.1 307.2 307.3 307.4
307.5
307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13 307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30 307.31 308.1 308.2
308.3
308.4 308.5 308.6 308.7 308.8 308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16 308.17 308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8 309.9 309.10 309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19
309.20
309.21 309.22 309.23 309.24 309.25 309.26 309.27 309.28 309.29 309.30 309.31 309.32 310.1 310.2
310.3
310.4 310.5 310.6 310.7 310.8 310.9 310.10 310.11
310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21 310.22 310.23 310.24 310.25 310.26 310.27 310.28 311.1 311.2 311.3
311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20 311.21 311.22 311.23 311.24 311.25 311.26 311.27 311.28 311.29 311.30 311.31 311.32 312.1 312.2 312.3 312.4 312.5 312.6 312.7 312.8 312.9 312.10 312.11 312.12 312.13 312.14 312.15 312.16 312.17 312.18 312.19 312.20 312.21 312.22 312.23 312.24 312.25 312.26 312.27 312.28 312.29 312.30 312.31 312.32 312.33 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28
313.29
313.30 313.31 313.32 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10 314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 315.1 315.2 315.3 315.4 315.5 315.6 315.7 315.8 315.9 315.10
315.11 315.12 315.13 315.14 315.15 315.16 315.17 315.18 315.19 315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28 315.29 315.30 316.1 316.2 316.3 316.4 316.5 316.6 316.7
316.8
316.9 316.10 316.11 316.12 316.13 316.14 316.15 316.16 316.17 316.18 316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26 316.27 316.28 316.29
317.1 317.2 317.3 317.4 317.5 317.6
317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18 317.19 317.20
317.21 317.22 317.23 317.24 317.25 317.26
317.27 317.28 317.29 317.30 317.31 318.1 318.2 318.3 318.4
318.5
318.6 318.7 318.8 318.9 318.10 318.11 318.12 318.13 318.14 318.15 318.16 318.17 318.18 318.19 318.20 318.21 318.22 318.23 318.24 318.25
318.26 318.27 318.28 318.29 318.30 318.31 318.32 319.1 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11 319.12 319.13 319.14 319.15 319.16 319.17
319.18 319.19 319.20 319.21 319.22 319.23 319.24 319.25 319.26 319.27 319.28 319.29 319.30 319.31
320.1 320.2 320.3 320.4 320.5 320.6 320.7
320.8
320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21 320.22 320.23 320.24 320.25 320.26 320.27 320.28 320.29 320.30 321.1 321.2 321.3 321.4 321.5 321.6 321.7 321.8 321.9 321.10 321.11 321.12 321.13 321.14 321.15 321.16 321.17 321.18 321.19 321.20 321.21 321.22 321.23 321.24 321.25 321.26 321.27 321.28 321.29 321.30 321.31 321.32 322.1 322.2 322.3 322.4 322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12 322.13 322.14 322.15 322.16 322.17 322.18 322.19 322.20 322.21 322.22 322.23 322.24 322.25 322.26 322.27
322.28 322.29 322.30 322.31 323.1 323.2 323.3 323.4 323.5 323.6 323.7 323.8 323.9 323.10 323.11 323.12 323.13 323.14
323.15 323.16 323.17 323.18 323.19 323.20 323.21 323.22 323.23 323.24 323.25 323.26 323.27 323.28 323.29 323.30 323.31 323.32 324.1 324.2
324.3
324.4 324.5 324.6 324.7 324.8 324.9 324.10 324.11 324.12 324.13 324.14 324.15 324.16 324.17 324.18 324.19 324.20 324.21 324.22 324.23 324.24 324.25 324.26 324.27 324.28
324.29 324.30 324.31 324.32 325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8 325.9 325.10 325.11 325.12 325.13 325.14 325.15 325.16 325.17 325.18 325.19 325.20 325.21 325.22 325.23 325.24
325.25 325.26 325.27 325.28 325.29 325.30 325.31 325.32 326.1 326.2 326.3 326.4 326.5 326.6 326.7 326.8 326.9 326.10 326.11 326.12 326.13 326.14 326.15 326.16 326.17 326.18 326.19 326.20 326.21 326.22 326.23 326.24 326.25 326.26 326.27 326.28 326.29 326.30 326.31 326.32 326.33 326.34 327.1 327.2 327.3 327.4 327.5 327.6 327.7 327.8 327.9 327.10 327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19 327.20 327.21 327.22 327.23 327.24 327.25 327.26 327.27 327.28 327.29 327.30 327.31 327.32 327.33 327.34 328.1 328.2 328.3 328.4 328.5 328.6 328.7 328.8 328.9 328.10 328.11 328.12 328.13 328.14 328.15 328.16 328.17 328.18 328.19 328.20 328.21 328.22 328.23 328.24 328.25 328.26 328.27 328.28 328.29 328.30 328.31 328.32 328.33 328.34 329.1 329.2 329.3 329.4 329.5 329.6 329.7 329.8 329.9 329.10 329.11 329.12 329.13 329.14 329.15 329.16 329.17
329.18
329.19 329.20

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; 290.0132, by adding a subdivision;
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.815, subdivision 1; 326B.821,
subdivision 21; 326B.84; 327.31, by adding a subdivision; 327B.041; 327C.095,
subdivision 6, by adding a subdivision; 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; 325F; 327; 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.

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

ARTICLE 1

JOBS APPROPRIATIONS

Section 1. new text beginJOBS AND ECONOMIC DEVELOPMENT.
new text end

new text begin (a) The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "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 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

Sec. 2. new text beginDEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 169,405,000
new text end
new text begin $
new text end
new text begin 139,075,000
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 104,804,000
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

new text begin Subd. 2. new text end

new text begin Business and Community Development
new text end

new text begin 47,121,000
new text end
new text begin 34,230,000
new text end
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. 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 Subd. 3. new text end

new text begin Workforce Development
new text end

new text begin 50,351,000
new text end
new text begin 31,486,000
new text end
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 7,500,000
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 is 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; and
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.
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; and
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 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, 2022.
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; and
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 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 Subd. 4. new text end

new text begin General Support Services
new text end

new text begin 4,726,000
new text end
new text begin 4,726,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin 4,671,000
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

new text begin Subd. 5. new text end

new text begin Minnesota Trade Office
new text end

new text begin 2,292,000
new text end
new text begin 2,292,000
new text end

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

new text begin Subd. 6. new text end

new text begin Vocational Rehabilitation
new text end

new text begin 37,941,000
new text end
new text begin 37,941,000
new text end
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

new text begin Subd. 7. new text end

new text begin Services for the Blind
new text end

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

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

new text begin Subd. 8. new text end

new text begin Paid Family and Medical Leave
new text end

new text begin 10,549,000
new text end
new text begin 21,975,000
new text end

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

new text begin Subd. 9. new text end

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

new text begin 10,000,000
new text end
new text begin -0-
new text end

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

Sec. 3. new text beginDEPARTMENT OF LABOR AND
INDUSTRY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 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

new text begin Subd. 2. new text end

new text begin General Support
new text end

new text begin 8,039,000
new text end
new text begin 8,339,000
new text end
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

new text begin Subd. 3. new text end

new text begin Labor Standards and Apprenticeship
new text end

new text begin 9,590,000
new text end
new text begin 11,429,000
new text end
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

new text begin Subd. 4. new text end

new text begin Workers' Compensation
new text end

new text begin 14,882,000
new text end
new text begin 11,882,000
new text end

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

new text begin Subd. 5. new text end

new text begin Workplace Safety
new text end

new text begin 4,167,000
new text end
new text begin 4,167,000
new text end

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

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

new text begin $
new text end
new text begin 2,222,000
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

Sec. 5. new text beginBUREAU OF MEDIATION SERVICES
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

Sec. 6. new text beginDEPARTMENT OF COMMERCE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 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

new text begin Subd. 2. new text end

new text begin Financial Institutions
new text end

new text begin 1,131,000
new text end
new text begin 1,136,000
new text end

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

new text begin Subd. 3. new text end

new text begin Administrative Services
new text end

new text begin 9,645,000
new text end
new text begin 8,955,000
new text end

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

new text begin Subd. 4. new text end

new text begin Telecommunications
new text end

new text begin 3,097,000
new text end
new text begin 3,107,000
new text end
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

new text begin Subd. 5. new text end

new text begin Enforcement
new text end

new text begin 6,417,000
new text end
new text begin 6,507,000
new text end
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

new text begin Subd. 6. new text end

new text begin Insurance
new text end

new text begin 5,583,000
new text end
new text begin 5,640,000
new text end
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

Sec. 7. new text beginMINNESOTA MANAGEMENT AND
BUDGET
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

Sec. 8. new text beginREVENUE DEPARTMENT
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 91,000
new text end

new text begin $91,000 the second year is for implementation
and costs associated with paid family and
medical leave under Minnesota Statutes,
chapter 268B. In fiscal year 2022, the base
amount is $149,000 and in fiscal year 2023
and beyond, the base amount is $117,000.
new text end

Sec. 9. new text beginSUPREME COURT
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

Sec. 10. new text beginATTORNEY GENERAL
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

ARTICLE 2

FAMILY AND MEDICAL BENEFITS

Section 1.

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


new text begin Subd. 7. new text end

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

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

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

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

Sec. 2.

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


Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a
, 181.722, 181.79, deleted text beginanddeleted text end 181.939 to 181.943,new text begin 268B.09, subdivisions 1 to 6, and
268B.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.

Sec. 3.

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


181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.

(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 months
new text end.

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

(1) the name of the employee;

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

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

deleted text begin (8)deleted text endnew 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.

Sec. 4.

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


Subdivision 1.

Use of data.

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

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

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

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

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

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

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

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

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

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

(10) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program by providing data on recipients and former recipients of 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 beginand
deleted text end

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

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

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

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

Sec. 5.

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

new text begin Subdivision 1. new text end

new text begin Scope. new text end

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

new text begin Subd. 2. new text end

new text begin Account. new text end

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

new text begin Subd. 3. new text end

new text begin Applicant. new text end

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

new text begin Subd. 4. new text end

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

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

new text begin Subd. 5. new text end

new text begin Benefit. 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 Subd. 6. new text end

new text begin Benefit year. 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 Subd. 7. new text end

new text begin Bonding. new text end

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

new text begin Subd. 8. new text end

new text begin Calendar day. new text end

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

new text begin Subd. 9. new text end

new text begin Calendar week. new text end

new text begin "Calendar week" means a period of seven consecutive calendar
days.
new text end

new text begin Subd. 10. new text end

new text begin Commissioner. new text end

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

new text begin Subd. 11. new text end

new text begin Continuing treatment. 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 Subd. 12. new text end

new text begin Covered employment. new text end

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

new text begin Subd. 13. new text end

new text begin Day. new text end

new text begin "Day" means an eight-hour period.
new text end

new text begin Subd. 14. new text end

new text begin Department. new text end

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

new text begin Subd. 15. new text end

new text begin Employee. new text end

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

new text begin Subd. 16. new text end

new text begin Employer. 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 Subd. 17. new text end

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

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

new text begin Subd. 18. new text end

new text begin Family benefit program. new text end

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

new text begin Subd. 19. new text end

new text begin Family care. new text end

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

new text begin Subd. 20. new text end

new text begin Family member. new text end

new text begin (a) "Family member" means an employee's child, adult
child, spouse, sibling, parent, parent-in-law, grandchild, grandparent, stepparent, member
of the employee's household, or 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 Subd. 21. new text end

new text begin Health care provider. 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 Subd. 22. new text end

new text begin High quarter. new text end

new text begin "High quarter" has the meaning given in section 268.035,
subdivision 19.
new text end

new text begin Subd. 23. new text end

new text begin Independent contractor. new text end

new text begin (a) If there is an existing specific test or definition
for independent contractor in Minnesota statute or rule applicable to an occupation or sector
as of the date of enactment of this chapter, that test or definition 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 Subd. 24. new text end

new text begin Inpatient care. new text end

new text begin "Inpatient care" means an overnight stay in a hospital, hospice,
or residential medical care facility, including any period of incapacity defined under
subdivision 33, paragraph (b), or any subsequent treatment in connection with such inpatient
care.
new text end

new text begin Subd. 25. new text end

new text begin Maximum weekly benefit amount. new text end

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

new text begin Subd. 26. new text end

new text begin Medical benefit program. new text end

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

new text begin Subd. 27. new text end

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

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

new text begin Subd. 28. new text end

new text begin Noncovered employment. new text end

new text begin "Noncovered employment" has the meaning given
in section 268.035, subdivision 20.
new text end

new text begin Subd. 29. new text end

new text begin Pregnancy. new text end

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

new text begin Subd. 30. new text end

new text begin Qualifying exigency. new text end

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

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

new text begin Subd. 31. new text end

new text begin Safety leave. new text end

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

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

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

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

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

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

new text begin Subd. 32. new text end

new text begin Self-employed individual. new text end

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

new text begin Subd. 33. new text end

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

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

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

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

new text begin Subd. 34. new text end

new text begin Self-employment wages. new text end

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

new text begin Subd. 35. new text end

new text begin Serious health condition. new text end

new text begin (a) "Serious health condition" means 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 Subd. 36. new text end

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

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

new text begin Subd. 37. new text end

new text begin Taxable year. new text end

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

new text begin Subd. 38. new text end

new text begin Wage credits. new text end

new text begin "Wage credits" has the meaning given in section 268.035,
subdivision 27.
new text end

Sec. 6.

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

new text begin Subdivision 1. new text end

new text begin Creation. new text end

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

new text begin Subd. 2. new text end

new text begin Creation of division. new text end

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

new text begin Subd. 3. new text end

new text begin Rulemaking. new text end

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

new text begin Subd. 4. new text end

new text begin Account creation; appropriation. new text end

new text begin The family and medical benefit insurance
account is created in the special revenue fund in the state treasury. Money in this account
is appropriated to the commissioner to pay benefits under and to administer this chapter,
including outreach required under section 268B.15.
new text end

new text begin Subd. 5. new text end

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

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

Sec. 7.

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

new text begin Subdivision 1. new text end

new text begin Applicant. 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 Subd. 2. new text end

new text begin Wage credits. 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 Subd. 3. new text end

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

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

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

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

new text begin Subd. 4. new text end

new text begin Ineligible. 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 Subd. 5. new text end

new text begin Certification. 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 Subd. 6. new text end

new text begin Records release. 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 Subd. 7. new text end

new text begin Self-employed individual applicant. 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

Sec. 8.

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

new text begin Subdivision 1. new text end

new text begin Process; deadline. 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 Subd. 2. new text end

new text begin Certification. new text end

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 9.

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

Sec. 10.

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

Sec. 11.

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

new text begin Subdivision 1. new text end

new text begin Hearing. new text end

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

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

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

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

new text begin Subd. 2. new text end

new text begin Decision. new text end

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

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

new text begin Subd. 3. new text end

new text begin Request for reconsideration. new text end

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

new text begin Subd. 4. new text end

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

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

new text begin Subd. 5. new text end

new text begin Benefit judges. new text end

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

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

Sec. 12.

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

new text begin Subdivision 1. new text end

new text begin Weekly benefit amount. new text end

new text begin (a) Subject to the maximum weekly benefit
amount, an applicant's weekly benefit is calculated by adding the amounts obtained by
applying the following percentage to an applicant's average 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 Subd. 2. new text end

new text begin Timing of payment. new text end

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

new text begin Subd. 3. new text end

new text begin Maximum length of benefits. new text end

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

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

new text begin Subd. 4. new text end

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

new text begin Except for a claim for benefits
for bonding leave, any claim for benefits must be based on a single-qualifying event of at
least seven calendar days. Benefits may be paid for a minimum 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 Subd. 5. new text end

new text begin Withholding of federal tax. new text end

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

Sec. 13.

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

new text begin Subdivision 1. new text end

new text begin Right to leave. new text end

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

new text begin Subd. 2. new text end

new text begin Notice to employer. new text end

new text begin (a) If the need for leave is foreseeable, an employee must
provide the employer at least 30 days' advance notice before leave under this chapter is to
begin. If 30 days' notice is not practicable because of a lack of knowledge of approximately
when leave will be required to begin, a change in circumstances, or a medical emergency,
notice must be given as soon as practicable. Whether leave is to be continuous or is to be
taken intermittently or on a reduced schedule basis, notice need only be given one time, but
the employee must advise the employer as soon as practicable if dates of scheduled leave
change or are extended, or were initially unknown. In those cases where the employee is
required to provide at least 30 days' notice of foreseeable leave and does not do so, the
employee must explain the reasons why 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 Subd. 3. new text end

new text begin Bonding leave. new text end

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

new text begin Subd. 4. new text end

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

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

new text begin (b) Leave taken intermittently or on a reduced schedule basis counts toward the
maximums described in section 268B.08, subdivision 3.
new text end

Sec. 14.

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

new text begin Subdivision 1. new text end

new text begin Retaliation prohibited. new text end

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

new text begin Subd. 2. new text end

new text begin Interference prohibited. new text end

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

new text begin Subd. 3. new text end

new text begin Waiver of rights void. new text end

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

new text begin Subd. 4. new text end

new text begin No assignment of benefits. new text end

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

new text begin Subd. 5. new text end

new text begin Continued insurance. new text end

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

new text begin Subd. 6. new text end

new text begin Employee right to reinstatement. new text end

new text begin (a) On return from leave under this chapter,
an employee is entitled to be returned to the same position the employee held when leave
commenced or to an equivalent position with equivalent benefits, pay, and other terms and
conditions of employment. An employee is entitled to 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 Subd. 7. new text end

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

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

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

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

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

new text begin Subd. 8. new text end

new text begin Remedies. new text end

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

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

new text begin (i) any wages, salary, employment benefits, or other compensation denied or lost to such
employee by reason of the violation, or, in 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

Sec. 15.

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

new text begin Subdivision 1. new text end

new text begin Application for substitution. new text end

new text begin Employers may apply to the commissioner
for approval to meet their obligations under this chapter through the substitution of a private
plan that provides paid family, paid medical, or paid family and medical benefits. In order
to be approved as meeting an employer's obligations under this chapter, a private plan must
confer all of the same rights, protections, and benefits provided to employees under this
chapter, including but not limited to benefits under section 268B.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 Subd. 2. new text end

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

new text begin 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 Subd. 3. new text end

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

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

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

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

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

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

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

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

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

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

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

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

new text begin Subd. 4. new text end

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

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

new text begin Subd. 5. new text end

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

new text begin An employer with an approved
private plan 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 Subd. 6. new text end

new text begin Plan duration. new text end

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

new text begin Subd. 7. new text end

new text begin Appeals. new text end

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

new text begin Subd. 8. new text end

new text begin Employees no longer covered. new text end

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

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

new text begin Subd. 9. new text end

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

new text begin An employer with a private plan
must provide a notice prepared by or approved by the commissioner regarding the private
plan consistent with the provisions of section 268B.22.
new text end

new text begin Subd. 10. new text end

new text begin Amendment. new text end

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

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

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

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

new text begin Subd. 11. new text end

new text begin Successor employer. new text end

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

new text begin Subd. 12. new text end

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

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

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

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

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

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

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

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

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

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

new text begin Subd. 13. new text end

new text begin Employer penalties. new text end

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

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

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

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

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

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

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

new text begin Subd. 14. new text end

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

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

new text begin Subd. 15. new text end

new text begin Audit and investigation. new text end

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

Sec. 16.

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

new text begin Subdivision 1. new text end

new text begin Election of coverage. new text end

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

new text begin (b) The commissioner may terminate any application approved under this section with
30 calendar days' notice sent by United States mail or electronic transmission if the
self-employed individual is delinquent on any premiums due under this chapter 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 Subd. 2. new text end

new text begin Application new text end

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

new text begin Subd. 3. new text end

new text begin Premium. new text end

new text begin A self-employed individual who elects to receive coverage under
this chapter must annually pay a premium equal to one-half the percentage in section
268B.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 Subd. 4. new text end

new text begin Benefits. new text end

new text begin Notwithstanding anything to the contrary, a self-employed individual
who has applied to and been approved for coverage by the commissioner under this section
is entitled to benefits on the same basis as an employee under this chapter, except that a
self-employed individual's weekly benefit amount under section 268B.08, subdivision 1,
must calculated as a percentage of the self-employed individual's self-employment premium
base, rather than wages.
new text end

Sec. 17.

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

new text begin Subdivision 1. new text end

new text begin Employer. 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 Subd. 2. new text end

new text begin Employee charge back. new text end

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

new text begin Subd. 3. new text end

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

new text begin (a) The maximum wages subject
to premium in a calendar year is equal to the maximum earnings in that year subject to the
FICA Old-Age, Survivors, and Disability Insurance tax.
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 Subd. 4. new text end

new text begin Annual premium rates. new text end

new text begin The employer premium rates for the calendar year
beginning January 1, 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 Subd. 5. new text end

new text begin Premium rate adjustments. new text end

new text begin (a) Each calendar year following the calendar
year beginning January 1, 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 Subd. 6. new text end

new text begin Deposit of premiums. new text end

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

new text begin Subd. 7. new text end

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

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

Sec. 18.

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

new text begin Subdivision 1. new text end

new text begin Amount computed presumed correct. new text end

new text begin Any amount due from an
employer, as computed by the commissioner, is presumed to be correctly determined and
assessed, and the burden is upon the employer to show 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 Subd. 2. new text end

new text begin Priority of payments. new text end

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

new text begin (1) 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 Subd. 3. new text end

new text begin Costs. 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 Subd. 4. new text end

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

new text begin If any amounts due from an employer under
this chapter, 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 Subd. 5. new text end

new text begin Interest on judgments. 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 Subd. 6. new text end

new text begin Credit adjustments; refunds. new text end

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

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

new text begin (c) If a credit adjustment or refund is denied in whole or in part, a determination of denial
must be sent to the employer by 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 Subd. 7. new text end

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

new text begin In the event of any
distribution of an employer's assets according to an order of any court, including any
receivership, assignment for benefit of creditors, adjudicated insolvency, or similar
proceeding, premiums then or thereafter due must be paid in full before all other claims
except claims for wages of not more than $1,000 per former employee 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

Sec. 19.

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

Sec. 20.

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

Sec. 21.

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

Sec. 22.

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 23.

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

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

new text begin (b) For the purpose of administering this chapter, the commissioner has the power to
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

Sec. 24.

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

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

new text begin (b) Individuals subpoenaed, other than applicants or officers and employees of an
employer that is the subject of the inquiry, 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

Sec. 25.

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

new text begin The Department of Labor and Industry may offer conciliation services to employers and
employees to resolve disputes concerning alleged violations of employment protections
identified in section 268B.09.
new text end

Sec. 26.

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

Sec. 27.

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

new text begin (a) Each employer must post in a conspicuous place on each of its premises a workplace
notice prepared or approved by the commissioner providing notice of benefits available
under this chapter. The required workplace notice must be in English and each language
other than English which is the primary language of five or more employees or independent
contractors of that workplace, if such notice is available from the department.
new text end

new text begin (b) Each employer must issue to each employee not more than 30 days from the beginning
date of the employee's employment, or 30 days before premium collection begins, 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

Sec. 28.

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

new text begin Subdivision 1. new text end

new text begin Concurrent leave. new text end

new text begin An employer may require leave taken under this
chapter to run concurrently with leave taken for the same purpose under section 181.941
or the Family and Medical Leave Act, United States Code, title 29, sections 2601 to 2654,
as amended.
new text end

new text begin Subd. 2. new text end

new text begin Construction. new text end

new text begin Nothing in this chapter shall be construed to:
new text end

new text begin (1) allow an employer to compel an employee to exhaust accumulated sick, vacation,
or personal time before or while taking leave under this chapter;
new text end

new text begin (2) prohibit an employer from providing additional benefits, including, but not limited
to, covering the portion of earnings not provided under this chapter during periods of leave
covered under this chapter; or
new text end

new text begin (3) limit the parties to a collective bargaining agreement from bargaining and agreeing
with respect to leave benefits and related procedures and employee protections that meet
or exceed, and do not otherwise conflict with, the minimum standards and requirements in
this chapter.
new text end

Sec. 29.

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

new text begin (a) Employers with 50 or fewer employees may apply to the department for grants under
this section.
new text end

new text begin (b) The commissioner may approve a grant of up to $3,000 if the employer hires a
temporary worker to replace an employee on family or medical leave for a period of seven
days or more.
new text end

new text begin (c) For an employee's family or medical leave, the commissioner may approve a grant
of up to $1,000 as reimbursement for significant additional wage-related costs due to the
employee's leave.
new text end

new text begin (d) To be eligible for consideration for a grant under this section, the employer must
provide the department written documentation showing the temporary worker hired or
significant wage-related costs incurred are due to an employee's use of leave under this
chapter.
new text end

new text begin (e) The grants under this section may be funded from the account.
new text end

new text begin (f) For the purposes of this section, the commissioner shall average the number of
employees reported by an employer over the last four completed calendar quarters to
determine the size of the employer.
new text end

new text begin (g) An employer who has an approved private plan is not eligible to receive a grant under
this section.
new text end

new text begin (h) The commissioner may award grants under this section only up to a maximum of
$5,000,000 per calendar year.
new text end

Sec. 30.

Minnesota Statutes 2018, section 290.0132, is amended by adding a subdivision
to read:


new text begin Subd. 23. new text end

new text begin Benefits under chapter 268B. new text end

new text begin The amount received in benefits under chapter
268B is a subtraction.
new text end

Sec. 31. new text beginEFFECTIVE DATES.
new text end

new text begin (a) Benefits under Minnesota Statutes, chapter 268B, shall not be applied for or paid
until January 1, 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, 29, and 30 are effective January
1, 2022.
new text end

ARTICLE 3

FAMILY AND MEDICAL LEAVE BENEFIT AS EARNINGS

Section 1.

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


new text begin Subd. 4. new text end

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

new text begin A parent who meets
the criteria under subdivision 2 and who receives benefits under chapter 268B is not required
to participate in employment services.
new text end

Sec. 2.

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


Subd. 3.

Eligibility for diversionary work program.

(a) Except for the categories of
family units listed in clauses (1) to (8), all family units who apply for cash benefits and who
meet MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and must
participate in the diversionary work program. Family units or individuals that are not eligible
for the diversionary work program include:

(1) child only cases;

(2) single-parent family units that include a child under 12 months of age. A parent is
eligible for this exception once in a parent's lifetime;

(3) family units with a minor parent without a high school diploma or its equivalent;

(4) family units with an 18- or 19-year-old caregiver without a high school diploma or
its equivalent who chooses to have an employment plan with an education option;

(5) family units with a caregiver who received DWP benefits within the 12 months prior
to the month the family applied for DWP, except as provided in paragraph (c);

(6) family units with a caregiver who received MFIP within the 12 months prior to the
month the family applied for DWP;

(7) family units with a caregiver who received 60 or more months of TANF assistance;
deleted text begin and
deleted text end

(8) family units with a caregiver who is disqualified from the work participation cash
benefit program, DWP, or MFIP due to frauddeleted text begin.deleted text endnew text begin; and
new text end

new text begin (9) single-parent family units where a parent is receiving family and medical leave
benefits under chapter 268B.
new text end

(b) A two-parent family must participate in DWP unless both caregivers meet the criteria
for an exception under paragraph (a), clauses (1) through (5), or the family unit includes a
parent who meets the criteria in paragraph (a), clause (6), (7), or (8).

(c) Once DWP eligibility is determined, the four months run consecutively. If a participant
leaves the program for any reason and reapplies during the four-month period, the county
must redetermine eligibility for DWP.

Sec. 3.

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


Subd. 11.

Universal participation required.

(a) All DWP caregivers, except caregivers
who meet the criteria in paragraph (d), are required to participate in DWP employment
services. Except as specified in paragraphs (b) and (c), employment plans under DWP must,
at a minimum, meet the requirements in section 256J.55, subdivision 1.

(b) A caregiver who is a member of a two-parent family that is required to participate
in DWP who would otherwise be ineligible for DWP under subdivision 3 may be allowed
to develop an employment plan under section 256J.521, subdivision 2, that may contain
alternate activities and reduced hours.

(c) A participant who is a victim of family violence shall be allowed to develop an
employment plan under section 256J.521, subdivision 3. A claim of family violence must
be documented by the applicant or participant by providing a sworn statement which is
supported by collateral documentation in section 256J.545, paragraph (b).

(d) One parent in a two-parent family unit deleted text beginthat has a natural born child under 12 months
of age
deleted text end is not required to have an employment plan deleted text beginuntil the child reaches 12 months of age
unless the family unit has already used the exclusion under section 256J.561, subdivision
3
, or the previously allowed child under age one exemption under section 256J.56, paragraph
(a), clause (5).
deleted text endnew text begin if that parent:
new text end

new text begin (1) receives family and medical leave benefits under chapter 268B; or
new text end

new text begin (2) has a natural born child under 12 months of age until the child reaches 12 months
of age unless the family unit has already used the exclusion under section 256J.561,
subdivision 3, or the previously allowed child under age one exemption under section
256J.56, paragraph (a), clause (5).
new text end

(e) The provision in paragraph (d) ends the first full month after the child reaches 12
months of age. This provision is allowable only once in a caregiver's lifetime. In a two-parent
household, only one parent shall be allowed to use this category.

(f) The participant and job counselor must meet in the month after the month the child
reaches 12 months of age to revise the participant's employment plan. The employment plan
for a family unit that has a child under 12 months of age that has already used the exclusion
in section 256J.561 must be tailored to recognize the caregiving needs of the parent.

Sec. 4.

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


Subd. 3.

Earned income.

"Earned income" means cash or in-kind income earned through
the receipt of wages, salary, commissions, bonuses, tips, gratuities, profit from employment
activities, net profit from self-employment activities, payments made by an employer for
regularly accrued vacation or sick leave, severance pay based on accrued leave time, new text beginbenefits
paid under chapter 268B,
new text endpayments from training programs at a rate at or greater than the
state's minimum wage, royalties, honoraria, or other profit from activity that results from
the client's work, service, effort, or labor. The income must be in return for, or as a result
of, legal activity.

Sec. 5. new text beginEFFECTIVE DATES.
new text end

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

ARTICLE 4

ECONOMIC DEVELOPMENT POLICY

Section 1.

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

new text begin Subdivision 1. new text end

new text begin Creation. 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 Subd. 2. new text end

new text begin Qualified grantee. 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 Subd. 3. new text end

new text begin Program requirements. 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 Subd. 4. new text end

new text begin Application. 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 Subd. 5. new text end

new text begin Participant eligibility. 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 Subd. 6. new text end

new text begin Report to legislature. 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

Sec. 2.

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


Subd. 5.

Grant limits.

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 employees
new 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 begin110deleted text endnew text begin 125new text end percent
of the federal poverty level for a family of four.

Sec. 3.

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


Subd. 4.

Certification; benefits.

(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 begin110deleted text endnew 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.

Sec. 4.

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


Subd. 6.

Job creation award.

(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 endnew text begin
$32,188
new text end but deleted text beginless than $35,000deleted text endnew text begin no more than $37,707new text end; $2,000 for each job position paying
deleted text begin at least $35,000deleted text endnew text begin more than $37,707new text end but deleted text beginless than $45,000deleted text endnew text begin no more than $47,965new text end; and $3,000
for each job position paying deleted text beginat least $45,000deleted text endnew 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.

Sec. 5.

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

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
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 Subd. 2. new text end

new text begin Establishment. 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 Subd. 3. new text end

new text begin Grant process. 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

Sec. 6.

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

Sec. 7.

new text begin [116L.43] METROPOLITAN JOB TRAINING GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Agreement" means the agreement between an employer and the commissioner for
a project.
new text end

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

new text begin (d) "Disability" has the meaning given under United States Code, title 42, chapter 126.
new text end

new text begin (e) "Employee" means the individual employed in a new job.
new text end

new text begin (f) "Employer" means the individual, corporation, partnership, limited liability company,
or association providing new jobs and entering into an agreement.
new text end

new text begin (g) "New job" means a job:
new text end

new text begin (1) that is provided by a new or expanding business in the manufacturing or technology
industry;
new text end

new text begin (2) that is located within the metropolitan area, as defined under section 473.121,
subdivision 2;
new text end

new text begin (3) that provides at least 32 hours of work per week for a minimum of nine months per
year and is permanent with no planned termination date;
new text end

new text begin (4) that is certified by the commissioner as qualifying under the program before the first
employee is hired to fill the job; and
new text end

new text begin (5) for which an employee hired was not:
new text end

new text begin (i) formerly employed by the employer in the state; or
new text end

new text begin (ii) a replacement worker, including a worker newly hired as a result of a labor dispute.
new text end

new text begin (h) "Program" means the project or projects established under this section.
new text end

new text begin (i) "Program costs" means all necessary and incidental costs of providing program
services, except that program costs are increased by $1,000 per employee for an individual
with a disability. The term does not include the cost of purchasing equipment to be owned
or used by the training or educational institution or service.
new text end

new text begin (j) "Program services" means training and education specifically directed to new jobs
that are determined to be appropriate by the commissioner, including in-house training;
services provided by institutions of higher education and federal, state, or local agencies;
or private training or educational services. Administrative services and assessment and
testing costs are included.
new text end

new text begin (k) "Project" means a training arrangement that is the subject of an agreement entered
into between the commissioner and an employer to provide program services.
new text end

new text begin Subd. 2. new text end

new text begin Service provision. new text end

new text begin Upon request, the commissioner shall provide or coordinate
the provision of program services under this section to a business eligible for grants under
subdivision 8. The commissioner shall specify the form of and required information to be
provided with applications for projects to be funded with grants under this section.
new text end

new text begin Subd. 3. new text end

new text begin Agreements; required terms. new text end

new text begin (a) The commissioner may enter into an
agreement to establish a project with an employer that:
new text end

new text begin (1) identifies program costs to be paid from sources under the program;
new text end

new text begin (2) identifies program costs to be paid by the employer;
new text end

new text begin (3) provides that on-the-job training costs for employees may not exceed 50 percent of
the annual gross wages and salaries of the new jobs in the first full year after execution of
the agreement up to a maximum of $10,000 per eligible employee;
new text end

new text begin (4) provides that each employee must be paid wages at least equal to the median hourly
wage for the county in which the job is located, as reported in the most recently available
data from the United States Bureau of the Census, plus benefits, by the earlier of the end
of the training period or 18 months of employment under the project; and
new text end

new text begin (5) provides that job training will be provided and the length of time of training.
new text end

new text begin (b) Before entering into a final agreement, the commissioner shall:
new text end

new text begin (1) determine that sufficient funds for the project are available under subdivision 8; and
new text end

new text begin (2) investigate the applicability of other training programs and determine whether the
job skills partnership grant program is a more suitable source of funding for the training
and whether the training can be completed in a timely manner that meets the needs of the
business.
new text end

new text begin The investigation under clause (2) must be completed within 15 days or as soon as reasonably
possible after the employer has provided the commissioner with all the requested information.
new text end

new text begin Subd. 4. new text end

new text begin Grant funds sufficient. new text end

new text begin The commissioner must not enter into an agreement
under subdivision 3 unless the commissioner determines that sufficient funds are available.
new text end

new text begin Subd. 5. new text end

new text begin Grant limit. new text end

new text begin The maximum grant amount for a project is $400,000.
new text end

new text begin Subd. 6. new text end

new text begin Allocation. new text end

new text begin The commissioner shall allocate grant funds under subdivision 8
to project applications based on a first-come, first-served basis, determined on the basis of
the commissioner's receipt of a complete application for the project, including the provision
of all of the required information. The agreement must specify the amount of grant funds
available to the employer for each year covered by the agreement.
new text end

new text begin Subd. 7. new text end

new text begin Application fee. new text end

new text begin The commissioner may charge each employer an application
fee to cover part or all of the administrative and legal costs incurred, not to exceed $500
per employer. The fee is deemed approved under section 16A.1283. The fee is deposited
in the metropolitan jobs training account in the special revenue fund and amounts in the
account are appropriated to the commissioner for the costs of administering the program.
The commissioner shall refund the fee to the employer if the application is denied because
program funding is unavailable.
new text end

new text begin Subd. 8. new text end

new text begin Grants; recovery of program costs. new text end

new text begin Amounts paid by employers for program
costs are repaid by a metropolitan job training grant equal to the lesser of the following:
new text end

new text begin (1) the amount of program costs specified in the agreement for the project; or
new text end

new text begin (2) the amount of program costs paid by the employer for new employees under a project.
new text end

new text begin Subd. 9. new text end

new text begin Reports. new text end

new text begin (a) By February 1, 2022, and each February 1 thereafter, the
commissioner shall report to the governor and the legislature on the program. The report
must include at least:
new text end

new text begin (1) the amount of grants issued under the program;
new text end

new text begin (2) the number of individuals receiving training under the program, including the number
of new hires who are individuals with disabilities;
new text end

new text begin (3) the number of new hires attributable to the program, including the number of new
hires who are individuals with disabilities;
new text end

new text begin (4) an analysis of the effectiveness of the grant in encouraging employment; and
new text end

new text begin (5) any other information the commissioner determines appropriate.
new text end

new text begin (b) The report to the legislature must be distributed as provided in section 3.195.
new text end

Sec. 8.

new text begin [116L.9761] MINNESOTA CALL CENTER JOBS ACT.
new text end

new text begin Sections 116L.9762 to 116L.9766 shall be known as the "Minnesota Call Center Jobs
Act."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 180 days after final enactment
new text end

Sec. 9.

new text begin [116L.9762] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For the purposes of sections 116L.9762 to 116L.9766, the
terms defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Agency. new text end

new text begin "Agency" means a state department under section 15.01.
new text end

new text begin Subd. 3. new text end

new text begin Business entity. new text end

new text begin "Business entity" means any organization, corporation, trust,
partnership, sole proprietorship, unincorporated association, or venture established to make
a profit, in whole or in part, by purposefully availing itself of the privilege of conducting
commerce in Minnesota.
new text end

new text begin Subd. 4. new text end

new text begin Call center. new text end

new text begin "Call center" means a facility or other operation with employees
who receive incoming telephone calls, e-mail, or other electronic communications for the
purpose of providing customer assistance or other service.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner. new text end

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

new text begin Subd. 6. new text end

new text begin Employer. new text end

new text begin "Employer" means a business enterprise that employs, for the
purpose of customer service or back-office operations:
new text end

new text begin (1) 50 or more employees, excluding part-time employees; or
new text end

new text begin (2) 50 or more employees who, in the aggregate, work at least 1,500 hours per week,
exclusive of hours of overtime.
new text end

new text begin Subd. 7. new text end

new text begin Part-time employee. new text end

new text begin "Part-time employee" means an employee who is employed
for an average of fewer than 20 hours per week or who has been employed for fewer than
six of the 12 months preceding the date on which notice is required under section 116L.9763.
new text end

new text begin Subd. 8. new text end

new text begin Relocating; relocation. new text end

new text begin "Relocating" or "relocation" means the closure of a
call center, the cessation of operations of a call center, or one or more facilities or operating
units within a call center comprising at least 30 percent of the call center's or operating unit's
total volume when measured against the previous 12-month average call volume of operations
or substantially similar operations, to a location outside of the United States.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 180 days after final enactment
new text end

Sec. 10.

new text begin [116L.9763] CALL CENTER RELOCATIONS.
new text end

new text begin (a) An employer must notify the commissioner if it intends to relocate from Minnesota
to a foreign country either of the following:
new text end

new text begin (1) a call center; or
new text end

new text begin (2) one or more facilities or operating units within a call center that comprise at least 30
percent of the call center's or operating unit's total volume when measured against the
previous 12-month average call volume of operations or substantially similar operations.
new text end

new text begin (b) The notification required under paragraph (a) must be given at least 120 days before
the relocation is to occur.
new text end

new text begin (c) An employer that violates paragraph (a) is subject to a civil penalty not to exceed
$10,000 for each day of the violation, except that the commissioner may reduce the amount
for just cause shown.
new text end

new text begin (d) The commissioner shall compile a semiannual list of all employers that relocate a
call center, or one or more facilities or operating units within a call center comprising at
least 30 percent of the call center's total volume of operations, from the United States to a
foreign country, and distribute the list to all agencies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 180 days after final enactment
new text end

Sec. 11.

new text begin [116L.9764] GRANTS; LOANS; SUBSIDIES.
new text end

new text begin (a) Except as provided in paragraph (b) and notwithstanding any other provision of law,
an employer that appears on the list prepared under section 116L.9763 shall be ineligible
for any direct or indirect state grants or state guaranteed loans for five years after the date
the employer is placed on the list.
new text end

new text begin (b) Except as provided in paragraph (c) and notwithstanding any other provision of law,
an employer that appears on the list prepared under section 116L.9763 shall remit to the
commissioner of management and budget the unamortized value of any grants, guaranteed
loans, tax benefits, or other governmental support it has previously received.
new text end

new text begin (c) The commissioner of management and budget, in consultation with the commissioner
of the agency providing or administering the public subsidy, may waive the ineligibility
requirement under paragraph (a) if the employer applying for the loan or grant demonstrates
that not having the loan or grant would threaten national security, result in substantial job
loss in Minnesota, or harm the environment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 180 days after final enactment
new text end

Sec. 12.

new text begin [116L.9765] PROCUREMENT.
new text end

new text begin The commissioner of each agency shall ensure that all state business related call center
and customer service work be performed by state contractors or their agents or subcontractors
entirely within Minnesota. State contractors who currently perform work outside Minnesota
shall have two years following the effective date of this act to comply with this section.
Any new call center or customer service employees hired by the contractor during the
compliance period under this section must be employed in Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 180 days after final enactment
new text end

Sec. 13.

new text begin [116L.9766] EMPLOYEE BENEFITS.
new text end

new text begin Nothing in sections 116L.9762 to 116L.9766 shall be construed to permit the withholding
or denial of payments, compensation, or benefits under any other state law, including state
unemployment compensation, disability payments, or worker retraining or readjustment
funds, to employees of employers that relocate to a foreign country.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 180 days after final enactment
new text end

Sec. 14.

Laws 2017, chapter 94, article 1, section 2, subdivision 3, is amended to read:


Subd. 3.

Workforce Development

$
31,498,000
$
30,231,000
Appropriations by Fund
General
$6,239,000
$5,889,000
Workforce
Development
$25,259,000
$24,342,000

(a) $500,000 each year is 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. In fiscal year 2020 and beyond,
the base amount is $750,000.

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

(c) $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. The commissioner of employment
and economic development, in consultation
with local workforce investment boards and
local elected officials in each of the service
areas receiving funds, shall develop a method
of distributing funds to provide equitable
services across workforce service areas.

(d) $1,000,000 each year 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:

(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;

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

(3) increase the number of summer internship
opportunities;

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

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

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

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.

(e) $1,539,000 each year from the general fund
and $4,604,000 each year from the workforce
development fund are for the Pathways to
Prosperity adult workforce development
competitive grant program. Of this amount,
up to four percent is for administration and
monitoring of the program. When awarding
grants under this paragraph, the commissioner
of employment and economic development
may give preference to any previous grantee
with demonstrated success in job training and
placement for hard-to-train individuals. In
fiscal year 2020 and beyond, the general fund
base amount for this program is $4,039,000.

(f) $750,000 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
fathers, 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. In fiscal year 2020
and beyond, the base amount is $1,000,000.

(g) $500,000 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. In fiscal year 2020 and
beyond, the base amount is $750,000.

(h) $500,000 each year is for a competitive
grant program for 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. In fiscal year 2020 and beyond, the
base amount is $1,000,000.

(i) $250,000 each year is 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:

(1) student tutoring and testing support
services;

(2) training in information technology;

(3) assistance in obtaining a GED;

(4) remedial training leading to enrollment in
a postsecondary higher education institution;

(5) real-time work experience in information
technology fields; and

(6) contextualized adult basic education.

After notification to the legislature, the
commissioner may transfer this appropriation
to the commissioner of education.

(j) $100,000 each year is for the getting to
work grant program. This is a onetime
appropriation and is available until June 30,
2021.

(k) $525,000 each year is from the workforce
development fund for a grant to the YWCA
of Minneapolis to provide economically
challenged individuals the job 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.

(l) $1,350,000 each year is from the workforce
development fund for a grant to the Minnesota
High Tech Association to support
SciTechsperience, a program that supports
science, technology, engineering, and math
(STEM) internship opportunities for two- and
four-year college students and graduate
students in their field of study. The internship
opportunities must match students with paid
internships within STEM disciplines at small,
for-profit companies located in Minnesota,
having fewer than 250 employees worldwide.
At least 300 students must be matched in the
first year and at least 350 students must be
matched in the second year. No more than 15
percent of the hires may be graduate students.
Selected hiring companies shall receive from
the grant 50 percent of the wages paid to the
intern, capped at $2,500 per intern. The
program must work toward increasing the
participation of women or other underserved
populations. This is a onetime appropriation.

(m) $450,000 each year is from the workforce
development fund for grants to Minnesota
Diversified Industries, Inc. to provide
progressive development and employment
opportunities for people with disabilities. This
is a onetime appropriation.

(n) $500,000 each year is from the workforce
development fund for a grant to Resource, Inc.
to provide low-income individuals career
education and job skills training that are fully
integrated with chemical and mental health
services. This is a onetime appropriation.

(o) $750,000 each year is from the workforce
development fund for a grant to the Minnesota
Alliance of Boys and Girls Clubs to administer
a statewide project of youth job skills and
career development. This project, which may
have career guidance components including
health and life skills, is designed to encourage,
train, and assist youth in early access to
education and job-seeking skills, work-based
learning experience including career pathways
in STEM learning, career exploration and
matching, and first job placement through
local community partnerships and on-site job
opportunities. This grant requires a 25 percent
match from nonstate resources. This is a
onetime appropriation.

(p) $215,000 each year is from the workforce
development fund for grants to Big Brothers,
Big Sisters of the Greater Twin Cities for
workforce readiness, employment exploration,
and skills development for youth ages 12 to
21. The grant must serve youth in the Twin
Cities, Central Minnesota, and Southern
Minnesota Big Brothers, Big Sisters chapters.
This is a onetime appropriation.

(q) $250,000 each year is from the workforce
development fund 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.

(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.

(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.

(t) $750,000 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.

(u) $600,000 each year is from the workforce
development fund for a grant to Ujamaa Place
for job training, employment preparation,
internships, education, training in the
construction trades, housing, and
organizational capacity building. This is a
onetime appropriation.

(v) $1,297,000 in the first year and $800,000
in the second year are 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. Of the amounts
appropriated, $497,000 in fiscal year 2018 is
for a grant to Twin Cities R!SE, in
collaboration with Metro Transit and Hennepin
Technical College for the Metro Transit
technician training program. This is a onetime
appropriation and funds are available until
June 30, 2020.

(w) $230,000 in fiscal year 2018 is from the
workforce development fund for a grant to the
Bois Forte Tribal Employment Rights Office
(TERO) for an American Indian workforce
development training pilot project.new text begin This is a
onetime appropriation and is available until
June 30, 2019. Funds appropriated the first
year are available for use in the second year
of the biennium.
new text end

(x) $40,000 in fiscal year 2018 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.

(y) $250,000 each year is from the workforce
development fund for 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,
helping families build secure pathways out of
poverty while also addressing worker
shortages in one of Minnesota's most
innovative industries. Funds may be used for
program expenses, including, but not limited
to, hiring instructors and navigators; space
rental; and supportive services to help
participants attend classes, including assistance
with course fees, child care, transportation,
and safe and stable housing. In addition, up to
five percent of grant funds may be used for
Bridges to Healthcare's administrative costs.
This is a onetime appropriation and is
available until June 30, 2020.

(z) $500,000 each year is from the workforce
development fund for a grant to the Nonprofits
Assistance Fund to provide capacity-building
grants to small, culturally specific
organizations that primarily serve historically
underserved cultural communities. Grants may
only be awarded to nonprofit organizations
that have an annual organizational budget of
less than $500,000 and are culturally specific
organizations that primarily serve historically
underserved cultural communities. Grant funds
awarded must be used for:

(1) organizational infrastructure improvement,
including developing database management
systems and financial systems, or other
administrative needs that increase the
organization's ability to access new funding
sources;

(2) organizational workforce development,
including hiring culturally competent staff,
training and skills development, and other
methods of increasing staff capacity; or

(3) creation or expansion of partnerships with
existing organizations that have specialized
expertise in order to increase the capacity of
the grantee organization to improve services
for the community. Of this amount, up to five
percent may be used by the Nonprofits
Assistance Fund for administration costs and
providing technical assistance to potential
grantees. This is a onetime appropriation.

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

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

(cc) $3,348,000 each year is from the
workforce development fund for the "Youth
at Work" youth workforce development
competitive grant program. 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.

(dd) $500,000 each year is from the workforce
development fund for the Opportunities
Industrialization Center programs.

(ee) $750,000 each year is from the workforce
development fund for a grant to Summit
Academy OIC to expand its contextualized
GED and employment placement program.
This is a onetime appropriation.

(ff) $500,000 each year is from the workforce
development fund for a grant to
Goodwill-Easter Seals Minnesota and its
partners. The grant shall be used to continue
the FATHER Project in Rochester, Park
Rapids, St. Cloud, Minneapolis, and the
surrounding areas to assist fathers in
overcoming barriers that prevent fathers from
supporting their children economically and
emotionally. This is a onetime appropriation.

(gg) $150,000 each year is from the workforce
development fund for displaced homemaker
programs under Minnesota Statutes, section
116L.96. The commissioner shall distribute
the funds to existing nonprofit and state
displaced homemaker programs. This is a
onetime appropriation.

(hh)(1) $150,000 in fiscal year 2018 is from
the workforce development fund for a grant
to Anoka County to develop and implement
a pilot program to increase competitive
employment opportunities for transition-age
youth ages 18 to 21.

(2) The competitive employment for
transition-age youth pilot program shall
include career guidance components, including
health and life skills, to encourage, train, and
assist transition-age youth in job-seeking
skills, workplace orientation, and job site
knowledge.

(3) In operating the pilot program, Anoka
County shall collaborate with schools,
disability providers, jobs and training
organizations, vocational rehabilitation
providers, and employers to build upon
opportunities and services, to prepare
transition-age youth for competitive
employment, and to enhance employer
connections that lead to employment for the
individuals served.

(4) Grant funds may be used to create an
on-the-job training incentive to encourage
employers to hire and train qualifying
individuals. A participating employer may
receive up to 50 percent of the wages paid to
the employee as a cost reimbursement for
on-the-job training provided.

(ii) $500,000 each year is from the workforce
development fund for rural career counseling
coordinator positions in the workforce service
areas and for the purposes specified in
Minnesota Statutes, section 116L.667. The
commissioner of employment and economic
development, in consultation with local
workforce investment boards and local elected
officials in each of the service areas receiving
funds, shall develop a method of distributing
funds to provide equitable services across
workforce service areas.

(jj) In calendar year 2017, the public utility
subject to Minnesota Statutes, section
116C.779, must withhold $1,000,000 from the
funds required to fulfill its financial
commitments under Minnesota Statutes,
section 116C.779, subdivision 1, and pay such
amounts to the commissioner of employment
and economic development for deposit in the
Minnesota 21st century fund under Minnesota
Statutes, section 116J.423.

(kk) $350,000 in fiscal year 2018 is for a grant
to AccessAbility Incorporated 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. AccessAbility Incorporated
shall annually report to the commissioner on
how the money was spent and the results
achieved. The report must include, at a
minimum, information and data about the
number of participants; participant
homelessness, employment, recidivism, and
child support compliance; and training
provided to program participants.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2017.
new text end

Sec. 15. new text beginPLAN TO ADDRESS BARRIERS TO EMPLOYMENT.
new text end

new text begin The commissioner of employment and economic development must consult with the
commissioners of health and human services and stakeholders in order to identify the barriers
that people with mental illness face in obtaining employment and all current programs that
assist people with mental illness in obtaining employment. Stakeholders shall include people
with mental illness and their families, mental health advocates, mental health providers,
and employers. The commissioner of employment and economic development shall submit
a detailed plan to the legislative committees with jurisdiction over employment and human
services before February 1, 2020, identifying the barriers to employment and making
recommendations on how to best improve the employment rate among people with mental
illness.
new text end

Sec. 16. new text beginINNOVATIONS IN SPECIAL EDUCATION EMPLOYMENT (ISEE)
PILOT PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

new text begin (c) "Eligible provider" means an organization currently eligible to provide services
through the extended employment program under Minnesota Statutes, section 268A.15.
new text end

new text begin (d) "Eligible student" means:
new text end

new text begin (1) a student receiving special instruction under Minnesota Statutes, section 125A.03,
who has completed at least three years of high school; or
new text end

new text begin (2) an individual under the age of 25 who has graduated from secondary school after
receiving special instruction under Minnesota Statutes, section 125A.03, but has not had
competitive wage employment in an integrated community setting.
new text end

new text begin (e) "Pilot" means the innovations in special education employment (ISEE) pilot project
established under this section.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The commissioner shall establish an innovations in special
education employment (ISEE) pilot project designed to transition special education graduates
into competitive wage employment in integrated community settings.
new text end

new text begin Subd. 3. new text end

new text begin Services. new text end

new text begin Eligible providers wishing to participate in the pilot must notify the
commissioner, on a form designated by the commissioner, of the intent to provide an eligible
student with one of the following services:
new text end

new text begin (1) comprehensive job preparation training that must provide an eligible student with at
least 20 hours in a classroom setting, resume preparation, and assistance in establishing a
bank account;
new text end

new text begin (2) job shadowing experiences where eligible students can observe at least 30 hours of
workplace activity for a job similar to one the eligible student might be hired for. Eligible
providers shall facilitate transportation to and from the workplace for the eligible student;
and
new text end

new text begin (3) employment placement services to match eligible students with appropriate
employment paying at least the minimum wage in an integrated community setting. Eligible
providers shall support such placements with training for the employer and the eligible
student, both before and after hiring, to foster success.
new text end

new text begin Subd. 4. new text end

new text begin Payments. new text end

new text begin Eligible providers may apply to the commissioner, on a form
designated by the commissioner, for the following payments for performance:
new text end

new text begin (1) $1,000 for each eligible student certified to have completed the services under
subdivision 3, clause (1);
new text end

new text begin (2) $1,000 for each eligible student certified to have completed the services under
subdivision 3, clause (2); and
new text end

new text begin (3) $3,000 for each eligible student certified to have completed 90 days of employment
after receiving the services under subdivision 3, clause (3).
new text end

new text begin Subd. 5. new text end

new text begin Forms. new text end

new text begin By October 1, 2019, the commissioner must make available the forms
necessary for eligible providers to participate in the pilot. These must include:
new text end

new text begin (1) a form to notify the commissioner of the intent to provide an eligible student with a
service under subdivision 3; and
new text end

new text begin (2) a form to certify to the commissioner that an eligible student from clause (1) was
provided the service under subdivision 3, and to apply for payment for performance of that
service under subdivision 4.
new text end

Sec. 17. new text beginMINNESOTA INNOVATION COLLABORATIVE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota Innovation Collaborative is established
within the Business and Community Development Division of the Department of
Employment and Economic Development to encourage and support the development of
new private sector technologies and support the science and technology policies under
Minnesota Statutes, section 3.222. The Minnesota Innovation Collaborative must provide
entrepreneurs and emerging technology-based companies business development assistance
and financial assistance to spur growth.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this subdivision
have the meanings given.
new text end

new text begin (b) "Advisory board" means the board established under subdivision 11.
new text end

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

new text begin (d) "Department" means the Department of Employment and Economic Development.
new text end

new text begin (e) "Entrepreneur" means a Minnesota resident who is involved in establishing a business
entity and secures resources directed to its growth while bearing the risk of loss.
new text end

new text begin (f) "Greater Minnesota" means the area of Minnesota located outside of the metropolitan
area as defined in section 473.121, subdivision 2.
new text end

new text begin (g) "High technology" includes aerospace, agricultural processing, renewable energy,
energy efficiency and conservation, environmental engineering, food technology, cellulosic
ethanol, information technology, materials science technology, nanotechnology,
telecommunications, biotechnology, medical device products, pharmaceuticals, diagnostics,
biologicals, chemistry, veterinary science, and similar fields.
new text end

new text begin (h) "Institution of higher education" has the meaning given in Minnesota Statutes, section
136A.28, subdivision 6.
new text end

new text begin (i) "Minority group member" means a United States citizen who is Asian, Pacific Islander,
Black, Hispanic, or Native American.
new text end

new text begin (j) "Minority-owned business" means a business for which one or more minority group
members:
new text end

new text begin (1) own at least 50 percent of the business or, in the case of a publicly owned business,
own at least 51 percent of the stock; and
new text end

new text begin (2) manage the business and control the daily business operations.
new text end

new text begin (k) "Research and development" means any activity that is:
new text end

new text begin (1) a systematic, intensive study directed toward greater knowledge or understanding
of the subject studies;
new text end

new text begin (2) a systematic study directed specifically toward applying new knowledge to meet a
recognized need; or
new text end

new text begin (3) a systematic application of knowledge toward the production of useful materials,
devices, systems and methods, including design, development and improvement of prototypes
and new processes to meet specific requirements.
new text end

new text begin (l) "Start-up" means a business entity that has been in operation for less than ten years,
has operations in Minnesota, and is in the development stage defined as devoting substantially
all of its efforts to establishing a new business and either of the following conditions exists:
new text end

new text begin (1) planned principal operations have not commenced; or
new text end

new text begin (2) planned principal operations have commenced, but have generated less than
$1,000,000 in revenue.
new text end

new text begin (m) "Technology-related assistance" means the application and utilization of
technological-information and technologies to assist in the development and production of
new technology-related products or services or to increase the productivity or otherwise
enhance the production or delivery of existing products or services.
new text end

new text begin (n) "Trade association" means a nonprofit membership organization organized to promote
businesses and business conditions and having an election under Internal Revenue Code
section 501(c)(3) or 501(c)(6).
new text end

new text begin (o) "Women" means persons of the female gender.
new text end

new text begin (p) "Women-owned business" means a business for which one or more women:
new text end

new text begin (1) own at least 50 percent of the business or, in the case of a publicly owned business,
own at least 51 percent of the stock; and
new text end

new text begin (2) manage the business and control the daily business operations.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The Minnesota Innovation Collaborative shall:
new text end

new text begin (1) support innovation and initiatives designed to accelerate the growth of high-technology
start-ups in Minnesota;
new text end

new text begin (2) offer classes and instructional sessions on how to start a high-tech and innovative
start-up;
new text end

new text begin (3) promote activities for entrepreneurs and investors regarding the state's growing
innovation economy;
new text end

new text begin (4) hold events and meetings that gather key stakeholders in the state's innovation sector;
new text end

new text begin (5) conduct outreach and education on innovation activities and related financial programs
available from the department and other organizations, particularly for underserved
communities;
new text end

new text begin (6) interact and collaborate with statewide partners including but not limited to businesses,
nonprofits, trade associations, and higher education institutions;
new text end

new text begin (7) administer an advisory board to assist with direction, grant application review,
program evaluation, report development, and partnerships;
new text end

new text begin (8) commission research in partnership with the University of Minnesota and Minnesota
State Colleges and Universities to study innovation and its impacts on the state's economy
with emphasis on the state's labor market;
new text end

new text begin (9) accept grant applications under subdivisions 5 and 6 and work with the advisory
board to evaluate the applications and provide funding recommendations to the commissioner;
and
new text end

new text begin (10) perform other duties at the commissioner's discretion.
new text end

new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin (a) The department shall employ an executive director in the
unclassified service. The executive director shall:
new text end

new text begin (1) hire no more than two staff;
new text end

new text begin (2) assist the commissioner and the advisory board in performing the duties of the
Minnesota Innovation Collaborative; and
new text end

new text begin (3) comply with all state and federal program requirements, and all state and federal
securities and tax laws and regulations.
new text end

new text begin (b) To the extent possible, the space that the Minnesota Innovation Collaborative shall
occupy and lease must be a private coworking facility that includes office space for staff
and space for community engagement for training entrepreneurs. The space leased under
this paragraph is exempt from the requirements in Minnesota Statutes, section 16B.24,
subdivision 6.
new text end

new text begin (c) Except for grants under subdivision 7, the Minnesota Innovation Collaborative must
accept grant applications under this section and provide funding recommendations to the
commissioner, who shall distribute grants based in part on the recommendations.
new text end

new text begin Subd. 5. new text end

new text begin Application process. new text end

new text begin (a) The commissioner shall establish the application form
and procedures for innovation grants.
new text end

new text begin (b) Upon receiving recommendations from the Minnesota Innovation Collaborative
under subdivision 4, paragraph (c), the department is responsible for evaluating all
applications using evaluation criteria developed by the Minnesota Innovation Collaborative,
the advisory board, and the commissioner. Priority shall be given if the applicant is:
new text end

new text begin (1) a business or entrepreneur located in greater Minnesota; or
new text end

new text begin (2) a business owner or entrepreneur who is a woman or minority group member.
new text end

new text begin (c) The department staff, and not the Minnesota Innovation Collaborative staff, is
responsible for awarding funding, disbursing funds, and monitoring grantee performance
for all grants awarded under this section.
new text end

new text begin (d) Grantees must provide matching funds by equal expenditures and grant payments
must be provided on a reimbursement basis after review of submitted receipts by the
department.
new text end

new text begin (e) Grant applications must be accepted on a regular periodic basis by the Minnesota
Innovation Collaborative and must be reviewed by the collaborative and the advisory board
before being submitted to the commissioner with their recommendations.
new text end

new text begin Subd. 6. new text end

new text begin Innovation grants. new text end

new text begin (a) The commissioner shall distribute innovation grants
under this subdivision.
new text end

new text begin (b) The commissioner shall provide a grant of up to $50,000 to an eligible business or
entrepreneur for research and development expenses. Research and development expenditures
may be related but not limited to proof of concept activities, intellectual property protection,
prototype designs and production, and commercial feasibility. Expenditures funded under
this subdivision are not eligible for the research and development tax credit under Minnesota
Statutes, section 290.068. Each business or entrepreneur may receive only one grant under
this paragraph.
new text end

new text begin (c) The commissioner shall provide a grant of up to $25,000 to an eligible start-up or
entrepreneur for direct business expenses including but not limited to rent, equipment
purchases, supplier invoices, and staffing. Taxes imposed by the federal, state, or local
government entities may be not be reimbursed under this paragraph. Each start-up or
entrepreneur may receive only one grant under this paragraph.
new text end

new text begin (d) The commissioner shall provide a grant of up to $7,500 to reimburse an entrepreneur
for health care, housing, or child care expenses for the entrepreneur, spouse, or children 26
years of age or younger. Each entrepreneur may receive only one grant under this paragraph.
new text end

new text begin (e) The commissioner shall provide a grant of up to $50,000 to an eligible business or
entrepreneur that, as a registered client of the Small Business Innovation Research (SBIR)
program, has been awarded a Phase 2 award pursuant to the SBIR or Small Business
Technology Transfer (STTR) programs after July 1, 2019. Each business or entrepreneur
may receive only one grant under this paragraph. Grants under this paragraph are not subject
to the requirements of subdivision 2, paragraph (l), and are awarded without the review or
recommendation of the Minnesota Innovation Collaborative.
new text end

new text begin (f) The commissioner shall provide a grant of up to $25,000 to provide financing to
start-ups to purchase technical assistance and services from public higher education
institutions and nonprofit entities to assist in the development or commercialization of
innovative new products or services.
new text end

new text begin Subd. 7. new text end

new text begin Entrepreneur education grants. new text end

new text begin (a) The commissioner shall make entrepreneur
education grants to institutions of higher education and other organizations to provide
educational programming to entrepreneurs and provide outreach to and collaboration with
businesses, federal and state agencies, institutions of higher education, trade associations,
and other organizations working to advance innovative, high technology businesses
throughout Minnesota.
new text end

new text begin (b) Applications for entrepreneur education grants under this subdivision must be
submitted to the commissioner and evaluated by department staff other than the Minnesota
Innovation Collaborative. The evaluation criteria must be developed by the Minnesota
Innovation Collaborative, the advisory board, and the commissioner with priority given to
an applicant who demonstrates activity assisting businesses or entrepreneurs residing in
greater Minnesota or who are women or minority group members.
new text end

new text begin (c) Department staff other than the Minnesota Innovation Collaborative staff is responsible
for awarding funding, disbursing funds, and monitoring grantee performance under this
subdivision.
new text end

new text begin (d) Grantees may use the grant funds to deliver the following services:
new text end

new text begin (1) development and delivery to high technology businesses of industry specific or
innovative product or process specific counseling on issues of business formation, market
structure, market research and strategies, securing first mover advantage or overcoming
barriers to entry, protecting intellectual property, and securing debt or equity capital. This
counseling is to be delivered in a classroom setting or using distance media presentations;
new text end

new text begin (2) outreach and education to businesses and organizations on the small business
investment tax credit program under Minnesota Statutes, section 116J.8737, the MNvest
crowd-funding program under Minnesota Statutes, section 80A.461, and other state programs
that support high technology business creation especially in underserved communities;
new text end

new text begin (3) collaboration with institutions of higher education, local organizations, federal and
state agencies, the Small Business Development Center, and the Small Business Assistance
Office to create and offer educational programming and ongoing counseling in greater
Minnesota that is consistent with those services offered in the metropolitan area; and
new text end

new text begin (4) events and meetings with other innovation-related organizations to inform
entrepreneurs and potential investors about Minnesota's growing information economy.
new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin The Minnesota Innovation Collaborative shall report by February 1,
2020, and again on February 1, 2021, to the chairs and ranking minority members of the
committees of the house of representatives and senate having jurisdiction over economic
development policy and finance issues on the work completed, including awards made by
the department under this section.
new text end

new text begin Subd. 9. new text end

new text begin Advisory board. new text end

new text begin (a) The commissioner shall establish an advisory board to
advise the executive director regarding the activities of the Minnesota Innovation
Collaborative and to perform the recommendations described in this section.
new text end

new text begin (b) The advisory board shall consist of ten members and is governed by Minnesota
Statutes, section 15.059. A minimum of six members must be from the private sector
representing business and at least two members but no more than four members from
government and higher education. Appointees shall represent a range of interests, including
entrepreneurs, large businesses, industry organizations, investors, and both public and private
small business service providers.
new text end

new text begin (c) The advisory board shall select a chair from its private sector members. The executive
director shall provide administrative support to the committee.
new text end

Sec. 18.

new text begin CHILD CARE ECONOMIC DEVELOPMENT GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A grant program is established under the Department of
Employment and Economic Development to award grants to eligible local communities to
increase the availability of child care in order to reduce the child care shortage in the
community, and support increased workforce participation, business expansion and retention,
and new business location.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have the
meanings given them:
new text end

new text begin (1) "commissioner" means the commissioner of employment and economic development;
new text end

new text begin (2) "child care" has the meaning given in section 119B.011;
new text end

new text begin (3) "political subdivision" means a county, statutory or home rule charter city, or school
district; and
new text end

new text begin (4) "Indian tribe" means one of the federally recognized Minnesota tribes listed in section
3.922, subdivision 1, clause (1).
new text end

new text begin Subd. 3. new text end

new text begin Eligible expenditures. new text end

new text begin The commissioner may make grants under this section
to implement solutions to reduce the child care shortage in the state including but not limited
to funding for child care business start-ups or expansions, training, facility modifications
or improvements required for licensing, and assistance with licensing and other regulatory
requirements.
new text end

new text begin Subd. 4. new text end

new text begin Eligible applicants. new text end

new text begin Eligible applicants for grants awarded under this section
include:
new text end

new text begin (1) a political subdivision;
new text end

new text begin (2) an Indian tribe;
new text end

new text begin (3) a Minnesota nonprofit organization organized under chapter 317 having experience
in one or more of the following: the operation of, planning for, financing of, advocacy for,
or advancement of the delivery of child care services in a defined service area spanning the
boundaries of one or more political subdivisions.
new text end

new text begin Subd. 5. new text end

new text begin Application process. new text end

new text begin (a) An eligible applicant must submit an application to
the commissioner on a form prescribed by the commissioner. The commissioner shall
develop procedures governing the application and grant award process. The commissioner
shall act as fiscal agent for the grant program and shall be responsible for receiving and
reviewing grant applications and awarding grants under this section.
new text end

new text begin (b) At least 30 days prior to the first day applications may be submitted each fiscal year,
the commissioner must publish on the department's website the specific criteria and any
quantitative weighting scheme or scoring system the commissioner will use to evaluate or
rank applications and award grants under subdivision 6.
new text end

new text begin Subd. 6. new text end

new text begin Application contents. new text end

new text begin An applicant for a grant under this section shall provide
the following information on the application:
new text end

new text begin (1) the service area of the project;
new text end

new text begin (2) the project budget;
new text end

new text begin (3) evidence of the child care shortage in the community in which the project is to be
located;
new text end

new text begin (4) the number of licensed child care slots that will be created as a result of the project;
new text end

new text begin (5) the number of families with children under age six that will have access to child care
as a result of the project;
new text end

new text begin (6) community employers and businesses that will benefit from the proposed project;
new text end

new text begin (7) evidence of community support for the project;
new text end

new text begin (8) the total cost of the project;
new text end

new text begin (9) sources of funding or in-kind contributions for the project that will supplement any
grant award; and
new text end

new text begin (10) any additional information requested by the commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Awarding grants. new text end

new text begin (a) In evaluating applications and awarding grants, the
commissioner may give priority to applications that:
new text end

new text begin (1) are in areas that have a documented shortage of affordable quality child care;
new text end

new text begin (2) demonstrate programmatic or financial collaborations and partnering among private
sector employers, public and nonprofit organizations within geographic areas;
new text end

new text begin (3) serve areas of the state experiencing worker shortages, low prime age workforce
participation rates, or prime age worker population loss that is significantly greater than the
statewide average;
new text end

new text begin (4) provide evidence of strong support for the project from citizens, government,
businesses, and institutions in the community;
new text end

new text begin (5) leverage greater amounts of funding for the project from private and nonstate public
sources.
new text end

new text begin (b) The commissioner shall endeavor to award grants under this section to qualified
applicants in all regions of the state.
new text end

new text begin Subd. 8. new text end

new text begin Limitation. new text end

new text begin (a) No grant awarded under this section may fund more than 50
percent of the total cost of a project.
new text end

new text begin (b) Grants awarded to a single project under this section must not exceed $100,000.
new text end

Sec. 19.

new text begin COMMUNITY PROSPERITY GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The community prosperity grant program is
established to provide grants to public or 501(c)(3) nonprofit entities to implement innovative
economic development projects that will support economic growth in their community.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have the
meanings given them:
new text end

new text begin (1) "economic development" means activities, services, investments, and infrastructure
that support the economic success of individuals, businesses, and communities by facilitating
an economic environment that produces net new jobs;
new text end

new text begin (2) "innovative project" means the provision of a public service or good that was absent
in the community or of insufficient quantity or quality;
new text end

new text begin (3) "local governmental unit" means a county, city, town, special district, public higher
education institution, or other political subdivision or public corporation; and
new text end

new text begin (4) "community" means any geographic area defined by one or more census tracts.
new text end

new text begin Subd. 3. new text end

new text begin Community prosperity grants. new text end

new text begin The commissioner of employment and
economic development shall:
new text end

new text begin (1) develop and implement a community prosperity grant program that will provide
matching grants up to 85 percent of total project cost up to $100,000 to implement innovative
economic development projects that will induce economic growth in their community;
new text end

new text begin (2) develop a request for proposals;
new text end

new text begin (3) review responses to requests for proposals and award grants under this section;
new text end

new text begin (4) establish a transparent and objective accountability process focused on outcomes
that grantees agree to achieve; and
new text end

new text begin (5) maintain data on outcomes reported by grantees.
new text end

new text begin Subd. 4. new text end

new text begin Eligible grantees. new text end

new text begin Organizations eligible to receive grant funding under this
section include:
new text end

new text begin (1) local government units; and
new text end

new text begin (2) nonprofit 501(c)(3) organizations that have established partnerships with one or more
local government units to implement economic development projects or activities.
new text end

new text begin Subd. 5. new text end

new text begin Priority of proposals; grant awards. new text end

new text begin The commissioner shall prioritize the
award of grants to proposals that demonstrate that the project:
new text end

new text begin (1) will serve communities with a population of 5,000 or less;
new text end

new text begin (2) will support community groups or neighborhood organizations within one of the 128
federally designated opportunity zones;
new text end

new text begin (3) will support the economic success of individuals, businesses, and communities by
facilitating an economic environment that produces net new jobs;
new text end

new text begin (4) will provide public services or goods that was absent in the community or of
insufficient quantity or quality;
new text end

new text begin (5) serves a defined geographic area; racial, ethnic, or minority community; or American
Indian community experiencing any the following: below state average wages, above state
average unemployment rate, or below state average labor force participation rate;
new text end

new text begin (6) will be sustainable or continue to have impact beyond the one-time funding from
this program;
new text end

new text begin (7) will be successfully implemented based on the qualifications of the lead organization;
and
new text end

new text begin (8) will serve two or more local government units.
new text end

new text begin Subd. 6. new text end

new text begin Geographic distribution of grants. new text end

new text begin The commissioner shall ensure that a
minimum of 50 percent of grants are awarded to communities outside the seven-county
metropolitan area.
new text end

new text begin Subd. 7. new text end

new text begin Report. new text end

new text begin Grantees must report grant program outcomes to the commissioner on
the forms and according to the timelines established by the commissioner.
new text end

Sec. 20. new text beginONETIME EXCEPTION TO RESTRICTIONS ON USE OF MINNESOTA
INVESTMENT FUND LOCAL GOVERNMENT LOAN REPAYMENT FUNDS.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 116J.8731, a home rule charter or
statutory city, county, or town that has uncommitted money received from repayment of
funds awarded under Minnesota Statutes, section 116J.8731, may choose to transfer 20
percent of the balance of that money to the state general fund before June 30, 2020. Any
local entity that does so may then use the remaining 80 percent of the uncommitted money
as a general purpose aid for any lawful expenditure.
new text end

new text begin (b) By February 15, 2021, a home rule charter or statutory city, county, or town that
exercises the option under paragraph (a) shall submit to the chairs and ranking minority
members of the legislative committees with jurisdiction over economic development policy
and finance an accounting and explanation of the use and distribution of the funds.
new text end

ARTICLE 5

WAGE THEFT

Section 1.

Minnesota Statutes 2018, section 16C.285, subdivision 3, is amended to read:


Subd. 3.

Minimum criteria.

"Responsible contractor" means a contractor that conforms
to the responsibility requirements in the solicitation document for its portion of the work
on the project and verifies that it meets the following minimum criteria:

(1) the contractor:

(i) is in compliance with workers' compensation and unemployment insurance
requirements;

(ii) is in compliance with Department of Revenue and Department of Employment and
Economic Development registration requirements if it has employees;

(iii) has a valid federal tax identification number or a valid Social Security number if
an individual; and

(iv) has filed a certificate of authority to transact business in Minnesota with the secretary
of state if a foreign corporation or cooperative;

(2) the contractor or related entity is in compliance with and, during the three-year period
before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44,
new text begin 181.03, 181.101,new text end 181.13, 181.14, or 181.722, and has not violated United States Code, title
29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes
of this clause, a violation occurs when a contractor or related entity:

(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate
projects for a total underpayment of $25,000 or more within the three-year period, provided
that a failure to pay is "repeated" only if it involves two or more separate and distinct
occurrences of underpayment during the three-year period;

(ii) has been issued an order to comply by the commissioner of labor and industry that
has become final;

(iii) has been issued at least two determination letters within the three-year period by
the Department of Transportation finding an underpayment by the contractor or related
entity to its own employees;

(iv) has been found by the commissioner of labor and industry to have repeatedly or
willfully violated any of the sections referenced in this clause pursuant to section 177.27;

(v) has been issued a ruling or findings of underpayment by the administrator of the
Wage and Hour Division of the United States Department of Labor that have become final
or have been upheld by an administrative law judge or the Administrative Review Board;
deleted text begin or
deleted text end

(vi) has been found liable for underpayment of wages or penalties or misrepresenting a
construction worker as an independent contractor in an action brought in a court having
jurisdictionnew text begin; or
new text end

new text begin (vii) has been convicted of a violation of section 609.52, subdivision 2, clause (19)new text end.

Provided that, if the contractor or related entity contests a determination of underpayment
by the Department of Transportation in a contested case proceeding, a violation does not
occur until the contested case proceeding has concluded with a determination that the
contractor or related entity underpaid wages or penalties;

(3) the contractor or related entity is in compliance with and, during the three-year period
before submitting the verification, has not violated section 181.723 or chapter 326B. For
purposes of this clause, a violation occurs when a contractor or related entity has been issued
a final administrative or licensing order;

(4) the contractor or related entity has not, more than twice during the three-year period
before submitting the verification, had a certificate of compliance under section 363A.36
revoked or suspended based on the provisions of section 363A.36, with the revocation or
suspension becoming final because it was upheld by the Office of Administrative Hearings
or was not appealed to the office;

(5) the contractor or related entity has not received a final determination assessing a
monetary sanction from the Department of Administration or Transportation for failure to
meet targeted group business, disadvantaged business enterprise, or veteran-owned business
goals, due to a lack of good faith effort, more than once during the three-year period before
submitting the verification;

(6) the contractor or related entity is not currently suspended or debarred by the federal
government or the state of Minnesota or any of its departments, commissions, agencies, or
political subdivisions that have authority to debar a contractor; and

(7) all subcontractors and motor carriers that the contractor intends to use to perform
project work have verified to the contractor through a signed statement under oath by an
owner or officer that they meet the minimum criteria listed in clauses (1) to (6).

Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5),
occurring prior to July 1, 2014, shall not be considered in determining whether a contractor
or related entity meets the minimum criteria.

Sec. 2.

Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Authority to investigate. new text end

new text begin To carry out the purposes of this chapter and chapters
181, 181A, and 184, and utilizing the enforcement authority of section 175.20, the
commissioner is authorized to enter the places of business and employment of any employer
in the state to investigate wages, hours, and other conditions and practices of work, collect
evidence, and conduct interviews. The commissioner is authorized to enter the places of
business and employment during working hours and without delay. The commissioner may
use investigation methods that include but are not limited to examination, surveillance,
transcription, copying, scanning, photographing, audio or video recording, testing, and
sampling along with taking custody of evidence. Evidence that may be collected includes
but is not limited to documents, records, books, registers, payrolls, electronically and digitally
stored information, machinery, equipment, tools, and other tangible items that in any way
relate to wages, hours, and other conditions and practices of work. The commissioner may
privately interview any individual, including owners, employers, operators, agents, workers,
and other individuals who may have knowledge of the conditions and practices of work
under investigation.
new text end

Sec. 3.

Minnesota Statutes 2018, section 177.27, subdivision 2, is amended to read:


Subd. 2.

Submission of records; penalty.

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

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

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

Sec. 4.

Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Subpoenas. new text end

new text begin In order to carry out the purposes of this chapter and chapter 181,
181A, or 184, the commissioner may issue subpoenas to compel persons to appear before
the commissioner to give testimony and produce and permit inspection, copying, testing,
or sampling of documents, electronically stored information, tangible items, or other items
in the possession, custody, or control of that person that are deemed necessary or appropriate
by the commissioner. A subpoena may specify the form or format in which electronically
stored information is to be produced. Upon the application of the commissioner, a district
court shall treat the failure of any person to obey a subpoena lawfully issued by the
commissioner under this subdivision as a contempt of court.
new text end

Sec. 5.

Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Court orders for entrance and inspection. new text end

new text begin To carry out the purposes of this
chapter and chapters 181, 181A, and 184, and utilizing the enforcement authority of section
175.20, the commissioner is authorized to enter places of business and employment of any
employer in the state to investigate wages, hours, and other conditions and practices of
work, collect evidence, and conduct interviews. The commissioner is authorized to enter
the places of business and employment during working hours and without delay. Upon the
anticipated refusal based on a refusal to permit entrance on a prior occasion or actual refusal
of an employer, owner, operator, or agent in charge of an employer's place of business or
employment, the commissioner may apply for an order in the district court in the county in
which the place of business or employment is located, to compel an employer, owner,
operator, or agent in charge of the place of business or employment to permit the
commissioner entry to investigate wages, hours, and other conditions and practices of work,
collect evidence, and interview witnesses.
new text end

Sec. 6.

Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin State licensing or regulatory power. new text end

new text begin In the case of an employer which is
subject to the licensing or regulatory power of the state or any political subdivision or agency
thereof, if the commissioner issues an order to comply under subdivision 4, the commissioner
may provide the licensing or regulatory agency a copy of the order to comply. Unless the
order to comply is reversed in the course of administrative or judicial review, the order to
comply is binding on the agency and the agency may take appropriate action, including
action related to the eligibility, renewal, suspension, or revocation of a license or certificate
of public convenience and necessity if the agency is otherwise authorized to take such action.
new text end

Sec. 7.

Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to
read:


new text begin Subd. 14. new text end

new text begin Public contracts. new text end

new text begin In the case of an employer that is a party to a public contract,
if the commissioner issues an order to comply under subdivision 4, the commissioner may
provide a copy of the order to comply to the contract letting agency. Unless the order to
comply is reversed in the course of administrative or judicial review, an order to comply is
binding on the contract letting agency and the agency may take appropriate administrative
action, including the imposition of financial penalties and eligibility for, termination or
nonrenewal of a contract, in whole or in part, if the agency is otherwise authorized to take
the action.
new text end

Sec. 8.

Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to
read:


new text begin Subd. 15. new text end

new text begin Notice to employees of compliance orders and citations. new text end

new text begin In a compliance
order or citation issued under this chapter and chapters 181, 181A, and 184, the commissioner
may require that the provisions of a compliance order or citation setting out the violations
found by the commissioner and any subsequent document setting out the resolution of the
compliance order or citation through settlement agreement or other final disposition, upon
receipt by the employer, be made available for review by the employees of the employer
using the means the employer uses to provide other work-related notices to the employer's
employees. The means used by the employer must be at least as effective as the following
options for providing notice: (1) posting a copy of the compliance order or citation at each
location where employees perform work and where the notice must be readily observed and
easily reviewed by all employees performing work; or (2) providing a paper or electronic
copy of the compliance order or citation to employees. Each citation and proposed penalty
shall be posted or made available to employees for a minimum period of 20 days. Upon
issuance of a compliance order or citation to an employer, the commissioner may also
provide the provisions of the compliance order or citation setting out the violations found
by the commissioner and any resolution of a compliance order or citation through settlement
agreement or other final disposition to the employer's employees who may be affected by
the order or citation and how the order or citation and resolution may affect their interests.
new text end

Sec. 9.

Minnesota Statutes 2018, section 177.30, is amended to read:


177.30 KEEPING RECORDS; PENALTY.

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

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

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

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

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

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

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

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

(b)new text begin All records required to be kept under paragraph (a) must be readily available for
inspection by the commissioner upon demand. The records must be either kept at the place
where employees are working or kept in a manner that allows the employer to comply with
this paragraph within 24 hours.
new text end

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

new text begin (d) If the records maintained by the employer do not provide sufficient information to
determine the exact amount of back wages due an employee, the commissioner may make
a determination of wages due based on available evidence.
new text end

Sec. 10.

Minnesota Statutes 2018, section 177.32, subdivision 1, is amended to read:


Subdivision 1.

Misdemeanors.

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

(1) hinders or delays the commissioner in the performance of duties required under
sections 177.21 to 177.435new text begin, or chapter 181new text end;

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

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

(4) falsifies any record;

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

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

(7) pays or agrees to pay wages at a rate less than the rate required under sections 177.21
to 177.44new text begin, or described and provided by an employer to its employees under section 181.032new text end;

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

(9) otherwise violates any provision of sections 177.21 to 177.44new text begin, or commits wage theft
as described in section 181.03, subdivision 1
new text end.

new text begin Intent is not an element of a misdemeanor under this paragraph.
new text end

new text begin (b) An employer is guilty of a gross misdemeanor if the employer is found to have
intentionally retaliated against an employee for asserting rights or remedies under sections
177.21 to 177.44 or section 181.03.
new text end

Sec. 11.

new text begin [177.45] ENFORCEMENT; REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Public enforcement. new text end

new text begin In addition to the enforcement of this chapter by
the department, the attorney general may enforce this chapter under section 8.31.
new text end

new text begin Subd. 2. new text end

new text begin Remedies cumulative. new text end

new text begin The remedies provided in this chapter are cumulative
and do not restrict any remedy that is otherwise available, including remedies provided
under section 8.31. The remedies available under this section are not exclusive and are in
addition to any other requirements, rights, remedies, and penalties provided by law.
new text end

Sec. 12.

Minnesota Statutes 2018, section 181.03, subdivision 1, is amended to read:


Subdivision 1.

Prohibited practices.

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

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

(1) deleted text begincausedeleted text endnew text begin an employer has failed to pay an employee all wages, salary, gratuities, earnings,
or commissions at the employee's rate or rates of pay or at the rate or rates required 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 (2) an employer directly or indirectly causesnew text end any employee to give a receipt for wages
for a greater amount than that actually paid to the employee for services rendered;

deleted text begin (2)deleted text endnew text begin (3) an employernew text end directly or indirectly deleted text begindemanddeleted text endnew text begin demandsnew text end or deleted text beginreceivedeleted text endnew text begin receivesnew text end from any
employee any rebate or refund from the wages owed the employee under contract of
employment with the employer; or

deleted text begin (3)deleted text endnew text begin (4) an employernew text end in any manner deleted text beginmakedeleted text endnew text begin makesnew text end or deleted text beginattemptdeleted text endnew text begin attemptsnew text end to make it appear
that the wages paid to any employee were greater than the amount actually paid to the
employee.

Sec. 13.

Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Enforcement. new text end

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

Sec. 14.

Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Citations. new text end

new text begin (a) In addition to other remedies and penalties provided by this
chapter and chapter 177, the commissioner may issue a citation for a civil penalty of up to
$1,000 for any wage theft of up to $1,000 by serving the citation on the employer. The
citation may direct the employer to pay employees in a manner prescribed by the
commissioner any wages, salary, gratuities, earnings, or commissions owed to the employee
within 15 days of service of the citation on the employer. The commissioner shall serve the
citation upon the employer or the employer's authorized representative in person or by
certified mail at the employer's place of business or registered office address with the
secretary of state. The citation shall require the employer to correct the violation and cease
and desist from committing the violation.
new text end

new text begin (b) In determining the amount of the civil penalty, the commissioner shall consider the
size of the employer's business and the gravity of the violation as provided in section 14.045,
subdivision 3, paragraph (a). If the citation includes a penalty assessment, the penalty is
due and payable on the date the citation becomes final. The commissioner may vacate the
citation if the employer pays the amount of wages, salaries, commissions, earnings, and
gratuities due in the citation within five days after the citation is served on the employer.
new text end

Sec. 15.

Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Administrative review. new text end

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

Sec. 16.

Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Effect on other laws. new text end

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

Sec. 17.

Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Retaliation. new text end

new text begin An employer must not retaliate against an employee for asserting
rights or remedies under this section, including but not limited to filing a complaint with
the Department of Labor and Industry or telling the employer of intention to file a complaint.
A rebuttable presumption of unlawful retaliation under this section exists whenever an
employer takes adverse action against an employee within 90 days of the employee asserting
rights or remedies under this section.
new text end

Sec. 18.

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


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

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

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

(1) the name of the employee;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 19.

Minnesota Statutes 2018, section 181.101, is amended to read:


181.101 WAGES; HOW OFTEN PAID.

(a) Except as provided in paragraph (b), every employer must pay all wages earned by
an employee at least once every deleted text begin31deleted text endnew text begin 16new text end days on a regular payday designated in advance by
the employer regardless of whether the employee requests payment at longer intervals.
deleted text begin Unless paid earlier, the wages earned during the first half of the first 31-day pay period
become due on the first regular payday following the first day of work.
deleted text endnew text begin An employer's pay
period must be no longer than 16 days. All wages earned in a pay period must be paid to
an employee within 16 days of the end of that pay period.
new text end If wages earned are not paid, the
commissioner of labor and industry or the commissioner's representative may new text beginserve anew text end demand
new text begin fornew text end payment on behalf of an employee. If payment is not made within deleted text begintendeleted text endnew text begin fivenew text end days of new text beginservice
of the
new text end demand, the commissioner may charge and collect the wages earned and deleted text begina penaltydeleted text end
new text begin liquidated damagesnew text end in the amount of the employee's average daily earnings at the new text beginemployee'snew text end
rate deleted text beginagreed upon in the contract of employmentdeleted text end new text beginor rates of pay or at the rate or rates required
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 enddeleted text begin, not exceeding
15
deleted text end deleted text begindays in alldeleted text end, for each day beyond the deleted text beginten-daydeleted text endnew text begin five-daynew text end limit following the demand. Money
collected by the commissioner must be paid to the employee concerned. This section does
not prevent an employee from prosecuting a claim for wages. This section does not prevent
a school district, other public school entity, or other school, as defined under section 120A.22,
from paying any wages earned by its employees during a school year on regular paydays
in the manner provided by an applicable contract or collective bargaining agreement, or a
personnel policy adopted by the governing board. For purposes of this section, "employee"
includes a person who performs agricultural labor as defined in section 181.85, subdivision
2
. For purposes of this section, wages are earned on the day an employee works.

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

Sec. 20.

new text begin [181.1721] ENFORCEMENT; REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Public enforcement. new text end

new text begin In addition to the enforcement of this chapter by
the department, the attorney general may enforce this chapter under section 8.31.
new text end

new text begin Subd. 2. new text end

new text begin Remedies cumulative. new text end

new text begin The remedies provided in this chapter are cumulative
and do not restrict any remedy that is otherwise available, including remedies provided
under section 8.31. The remedies available under this section are not exclusive and are in
addition to any other requirements, rights, remedies, and penalties provided by law.
new text end

Sec. 21.

Minnesota Statutes 2018, section 609.52, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

In this section:

(1) "Property" means all forms of tangible property, whether real or personal, without
limitation including documents of value, electricity, gas, water, corpses, domestic animals,
dogs, pets, fowl, and heat supplied by pipe or conduit by municipalities or public utility
companies and articles, as defined in clause (4), representing trade secrets, which articles
shall be deemed for the purposes of Extra Session Laws 1967, chapter 15 to include any
trade secret represented by the article.

(2) "Movable property" is property whose physical location can be changed, including
without limitation things growing on, affixed to, or found in land.

(3) "Value" means the retail market value at the time of the theft, or if the retail market
value cannot be ascertained, the cost of replacement of the property within a reasonable
time after the theft, or in the case of a theft or the making of a copy of an article representing
a trade secret, where the retail market value or replacement cost cannot be ascertained, any
reasonable value representing the damage to the owner which the owner has suffered by
reason of losing an advantage over those who do not know of or use the trade secret. For a
check, draft, or other order for the payment of money, "value" means the amount of money
promised or ordered to be paid under the terms of the check, draft, or other order. For a
theft committed within the meaning of subdivision 2, clause (5), items (i) and (ii), if the
property has been restored to the owner, "value" means the value of the use of the property
or the damage which it sustained, whichever is greater, while the owner was deprived of
its possession, but not exceeding the value otherwise provided herein. For a theft committed
within the meaning of subdivision 2, clause (9), if the property has been restored to the
owner, "value" means the rental value of the property, determined at the rental rate contracted
by the defendant or, if no rental rate was contracted, the rental rate customarily charged by
the owner for use of the property, plus any damage that occurred to the property while the
owner was deprived of its possession, but not exceeding the total retail value of the property
at the time of rental.new text begin For a theft committed within the meaning of subdivision 2, clause (19),
"value" means the difference between wages legally required to be reported or paid to an
employee and the amount actually reported or paid to the employee.
new text end

(4) "Article" means any object, material, device or substance, including any writing,
record, recording, drawing, sample specimen, prototype, model, photograph, microorganism,
blueprint or map, or any copy of any of the foregoing.

(5) "Representing" means describing, depicting, containing, constituting, reflecting or
recording.

(6) "Trade secret" means information, including a formula, pattern, compilation, program,
device, method, technique, or process, that:

(i) derives independent economic value, actual or potential, from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use, and

(ii) is the subject of efforts that are reasonable under the circumstances to maintain its
secrecy.

(7) "Copy" means any facsimile, replica, photograph or other reproduction of an article,
and any note, drawing, or sketch made of or from an article while in the presence of the
article.

(8) "Property of another" includes property in which the actor is co-owner or has a lien,
pledge, bailment, or lease or other subordinate interest, property transferred by the actor in
circumstances which are known to the actor and which make the transfer fraudulent as
defined in section 513.44, property possessed pursuant to a short-term rental contract, and
property of a partnership of which the actor is a member, unless the actor and the victim
are husband and wife. It does not include property in which the actor asserts in good faith
a claim as a collection fee or commission out of property or funds recovered, or by virtue
of a lien, setoff, or counterclaim.

(9) "Services" include but are not limited to labor, professional services, transportation
services, electronic computer services, the supplying of hotel accommodations, restaurant
services, entertainment services, advertising services, telecommunication services, and the
supplying of equipment for use including rental of personal property or equipment.

(10) "Motor vehicle" means a self-propelled device for moving persons or property or
pulling implements from one place to another, whether the device is operated on land, rails,
water, or in the air.

(11) "Motor fuel" has the meaning given in section 604.15, subdivision 1.

(12) "Retailer" has the meaning given in section 604.15, subdivision 1.

Sec. 22.

Minnesota Statutes 2018, section 609.52, subdivision 2, is amended to read:


Subd. 2.

Acts constituting theft.

(a) Whoever does any of the following commits theft
and may be sentenced as provided in subdivision 3:

(1) intentionally and without claim of right takes, uses, transfers, conceals or retains
possession of movable property of another without the other's consent and with intent to
deprive the owner permanently of possession of the property; or

(2) with or without having a legal interest in movable property, intentionally and without
consent, takes the property out of the possession of a pledgee or other person having a
superior right of possession, with intent thereby to deprive the pledgee or other person
permanently of the possession of the property; or

(3) obtains for the actor or another the possession, custody, or title to property of or
performance of services by a third person by intentionally deceiving the third person with
a false representation which is known to be false, made with intent to defraud, and which
does defraud the person to whom it is made. "False representation" includes without
limitation:

(i) the issuance of a check, draft, or order for the payment of money, except a forged
check as defined in section 609.631, or the delivery of property knowing that the actor is
not entitled to draw upon the drawee therefor or to order the payment or delivery thereof;
or

(ii) a promise made with intent not to perform. Failure to perform is not evidence of
intent not to perform unless corroborated by other substantial evidence; or

(iii) the preparation or filing of a claim for reimbursement, a rate application, or a cost
report used to establish a rate or claim for payment for medical care provided to a recipient
of medical assistance under chapter 256B, which intentionally and falsely states the costs
of or actual services provided by a vendor of medical care; or

(iv) the preparation or filing of a claim for reimbursement for providing treatment or
supplies required to be furnished to an employee under section 176.135 which intentionally
and falsely states the costs of or actual treatment or supplies provided; or

(v) the preparation or filing of a claim for reimbursement for providing treatment or
supplies required to be furnished to an employee under section 176.135 for treatment or
supplies that the provider knew were medically unnecessary, inappropriate, or excessive;
or

(4) by swindling, whether by artifice, trick, device, or any other means, obtains property
or services from another person; or

(5) intentionally commits any of the acts listed in this subdivision but with intent to
exercise temporary control only and:

(i) the control exercised manifests an indifference to the rights of the owner or the
restoration of the property to the owner; or

(ii) the actor pledges or otherwise attempts to subject the property to an adverse claim;
or

(iii) the actor intends to restore the property only on condition that the owner pay a
reward or buy back or make other compensation; or

(6) finds lost property and, knowing or having reasonable means of ascertaining the true
owner, appropriates it to the finder's own use or to that of another not entitled thereto without
first having made reasonable effort to find the owner and offer and surrender the property
to the owner; or

(7) intentionally obtains property or services, offered upon the deposit of a sum of money
or tokens in a coin or token operated machine or other receptacle, without making the
required deposit or otherwise obtaining the consent of the owner; or

(8) intentionally and without claim of right converts any article representing a trade
secret, knowing it to be such, to the actor's own use or that of another person or makes a
copy of an article representing a trade secret, knowing it to be such, and intentionally and
without claim of right converts the same to the actor's own use or that of another person. It
shall be a complete defense to any prosecution under this clause for the defendant to show
that information comprising the trade secret was rightfully known or available to the
defendant from a source other than the owner of the trade secret; or

(9) leases or rents personal property under a written instrument and who:

(i) with intent to place the property beyond the control of the lessor conceals or aids or
abets the concealment of the property or any part thereof; or

(ii) sells, conveys, or encumbers the property or any part thereof without the written
consent of the lessor, without informing the person to whom the lessee sells, conveys, or
encumbers that the same is subject to such lease or rental contract with intent to deprive the
lessor of possession thereof; or

(iii) does not return the property to the lessor at the end of the lease or rental term, plus
agreed-upon extensions, with intent to wrongfully deprive the lessor of possession of the
property; or

(iv) returns the property to the lessor at the end of the lease or rental term, plus
agreed-upon extensions, but does not pay the lease or rental charges agreed upon in the
written instrument, with intent to wrongfully deprive the lessor of the agreed-upon charges.

For the purposes of items (iii) and (iv), the value of the property must be at least $100.

Evidence that a lessee used a false, fictitious, or not current name, address, or place of
employment in obtaining the property or fails or refuses to return the property or pay the
rental contract charges to lessor within five days after written demand for the return has
been served personally in the manner provided for service of process of a civil action or
sent by certified mail to the last known address of the lessee, whichever shall occur later,
shall be evidence of intent to violate this clause. Service by certified mail shall be deemed
to be complete upon deposit in the United States mail of such demand, postpaid and addressed
to the person at the address for the person set forth in the lease or rental agreement, or, in
the absence of the address, to the person's last known place of residence; or

(10) alters, removes, or obliterates numbers or symbols placed on movable property for
purpose of identification by the owner or person who has legal custody or right to possession
thereof with the intent to prevent identification, if the person who alters, removes, or
obliterates the numbers or symbols is not the owner and does not have the permission of
the owner to make the alteration, removal, or obliteration; or

(11) with the intent to prevent the identification of property involved, so as to deprive
the rightful owner of possession thereof, alters or removes any permanent serial number,
permanent distinguishing number or manufacturer's identification number on personal
property or possesses, sells or buys any personal property knowing or having reason to
know that the permanent serial number, permanent distinguishing number or manufacturer's
identification number has been removed or altered; or

(12) intentionally deprives another of a lawful charge for cable television service by:

(i) making or using or attempting to make or use an unauthorized external connection
outside the individual dwelling unit whether physical, electrical, acoustical, inductive, or
other connection; or by

(ii) attaching any unauthorized device to any cable, wire, microwave, or other component
of a licensed cable communications system as defined in chapter 238. Nothing herein shall
be construed to prohibit the electronic video rerecording of program material transmitted
on the cable communications system by a subscriber for fair use as defined by Public Law
94-553, section 107; or

(13) except as provided in clauses (12) and (14), obtains the services of another with
the intention of receiving those services without making the agreed or reasonably expected
payment of money or other consideration; or

(14) intentionally deprives another of a lawful charge for telecommunications service
by:

(i) making, using, or attempting to make or use an unauthorized connection whether
physical, electrical, by wire, microwave, radio, or other means to a component of a local
telecommunication system as provided in chapter 237; or

(ii) attaching an unauthorized device to a cable, wire, microwave, radio, or other
component of a local telecommunication system as provided in chapter 237.

The existence of an unauthorized connection is prima facie evidence that the occupier
of the premises:

(A) made or was aware of the connection; and

(B) was aware that the connection was unauthorized;

(15) with intent to defraud, diverts corporate property other than in accordance with
general business purposes or for purposes other than those specified in the corporation's
articles of incorporation; or

(16) with intent to defraud, authorizes or causes a corporation to make a distribution in
violation of section 302A.551, or any other state law in conformity with it; or

(17) takes or drives a motor vehicle without the consent of the owner or an authorized
agent of the owner, knowing or having reason to know that the owner or an authorized agent
of the owner did not give consent; or

(18) intentionally, and without claim of right, takes motor fuel from a retailer without
the retailer's consent and with intent to deprive the retailer permanently of possession of
the fuel by driving a motor vehicle from the premises of the retailer without having paid
for the fuel dispensed into the vehicledeleted text begin.deleted text endnew text begin; or
new text end

new text begin (19) intentionally engages in or authorizes a prohibited practice of wage theft as described
in section 181.03, subdivision 1.
new text end

(b) Proof that the driver of a motor vehicle into which motor fuel was dispensed drove
the vehicle from the premises of the retailer without having paid for the fuel permits the
factfinder to infer that the driver acted intentionally and without claim of right, and that the
driver intended to deprive the retailer permanently of possession of the fuel. This paragraph
does not apply if: (1) payment has been made to the retailer within 30 days of the receipt
of notice of nonpayment under section 604.15; or (2) a written notice as described in section
604.15, subdivision 4, disputing the retailer's claim, has been sent. This paragraph does not
apply to the owner of a motor vehicle if the vehicle or the vehicle's license plate has been
reported stolen before the theft of the fuel.

Sec. 23.

Minnesota Statutes 2018, section 609.52, subdivision 3, is amended to read:


Subd. 3.

Sentence.

Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the property is a firearm, or the value of the property or services stolen
is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4),
(15), deleted text beginordeleted text end (16),new text begin or (19),new text end or section 609.2335, subdivision 1, clause (1) or (2), item (i); or

(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the
property stolen was an article representing a trade secret, an explosive or incendiary device,
or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the
exception of marijuana; or

(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:

(a) the value of the property or services stolen is more than $1,000 but not more than
$5,000; or

(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant
to section 152.02; or

(c) the value of the property or services stolen is more than $500 but not more than
$1,000 and the person has been convicted within the preceding five years for an offense
under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision
1
, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United
States, or a foreign jurisdiction, in conformity with any of those sections, and the person
received a felony or gross misdemeanor sentence for the offense, or a sentence that was
stayed under section 609.135 if the offense to which a plea was entered would allow
imposition of a felony or gross misdemeanor sentence; or

(d) the value of the property or services stolen is not more than $1,000, and any of the
following circumstances exist:

(i) the property is taken from the person of another or from a corpse, or grave or coffin
containing a corpse; or

(ii) the property is a record of a court or officer, or a writing, instrument or record kept,
filed or deposited according to law with or in the keeping of any public officer or office; or

(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or

(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or

(v) the property stolen is a motor vehicle; or

(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property or services stolen is more than $500 but not
more than $1,000; or

(5) in all other cases where the value of the property or services stolen is $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
(4), and (13), the value of the money or property or services received by the defendant in
violation of any one or more of the above provisions within any six-month period may be
aggregated and the defendant charged accordingly in applying the provisions of this
subdivision; provided that when two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.

ARTICLE 6

EARNED SICK AND SAFE TIME

Section 1.

Minnesota Statutes 2018, section 181.942, subdivision 1, is amended to read:


Subdivision 1.

Comparable position.

(a) An employee returning from a leave of absence
under section 181.941 is entitled to return to employment in the employee's former position
or in a position of comparable duties, number of hours, and pay. An employee returning
from a leave of absence longer than one month must notify a supervisor at least two weeks
prior to return from leave. An employee returning from a leave under section 181.9412 or
deleted text begin 181.9413deleted text endnew text begin 181.9445new text end is entitled to return to employment in the employee's former position.

(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a
layoff and the employee would have lost a position had the employee not been on leave,
pursuant to the good faith operation of a bona fide layoff and recall system, including a
system under a collective bargaining agreement, the employee is not entitled to reinstatement
in the former or comparable position. In such circumstances, the employee retains all rights
under the layoff and recall system, including a system under a collective bargaining
agreement, as if the employee had not taken the leave.

Sec. 2.

new text begin [181.9445] EARNED SICK AND SAFE TIME.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section and section 177.50, the
terms defined in this subdivision have the meanings given them.
new text end

new text begin (b) "Commissioner" means the commissioner of labor and industry or authorized designee
or representative.
new text end

new text begin (c) "Domestic abuse" has the meaning given in section 518B.01.
new text end

new text begin (d) "Earned sick and safe time" means leave, including paid time off and other paid leave
systems, that is paid at the same hourly rate as an employee earns from employment that
may be used for the same purposes and under the same conditions as provided under
subdivision 3.
new text end

new text begin (e) "Employee" means any person who is employed by an employer, including temporary
and part-time employees, who performs work for at least 80 hours in a year for that employer
in Minnesota. Employee does not include an independent contractor.
new text end

new text begin (f) "Employer" means a person who has one or more employees. Employer includes an
individual, a corporation, a partnership, an association, a business trust, a nonprofit
organization, a group of persons, a state, county, town, city, school district, or other
governmental subdivision. In the event that a temporary employee is supplied by a staffing
agency, absent a contractual agreement stating otherwise, that individual shall be an employee
of the staffing agency for all purposes of this section and section 177.50.
new text end

new text begin (g) "Family member" means:
new text end

new text begin (1) an employee's:
new text end

new text begin (i) child, foster child, adult child, legal ward, or child for whom the employee is legal
guardian;
new text end

new text begin (ii) spouse or registered domestic partner;
new text end

new text begin (iii) sibling, stepsibling, or foster sibling;
new text end

new text begin (iv) parent or stepparent;
new text end

new text begin (v) grandchild, foster grandchild, or stepgrandchild; or
new text end

new text begin (vi) grandparent or stepgrandparent;
new text end

new text begin (2) any of the family members listed in clause (1) of a spouse or registered domestic
partner;
new text end

new text begin (3) any individual related by blood or affinity whose close association with the employee
is the equivalent of a family relationship; and
new text end

new text begin (4) up to one individual annually designated by the employee.
new text end

new text begin (h) "Health care professional" means any person licensed under federal or state law to
provide medical or emergency services, including doctors, physician assistants, nurses, and
emergency room personnel.
new text end

new text begin (i) "Prevailing wage rate" has the meaning given in section 177.42 and as calculated by
the Department of Labor and Industry.
new text end

new text begin (j) "Retaliatory personnel action" means:
new text end

new text begin (1) any form of intimidation, threat, reprisal, harassment, discrimination, or adverse
employment action, including discipline, discharge, suspension, transfer, or reassignment
to a lesser position in terms of job classification, job security, or other condition of
employment; reduction in pay or hours or denial of additional hours; the accumulation of
points under an attendance point system; informing another employer that the person has
engaged in activities protected by this chapter; or reporting or threatening to report the actual
or suspected citizenship or immigration status of an employee, former employee, or family
member of an employee to a federal, state, or local agency; and
new text end

new text begin (2) interference with or punishment for participating in any manner in an investigation,
proceeding, or hearing under this chapter.
new text end

new text begin (k) "Sexual assault" means an act that constitutes a violation under sections 609.342 to
609.3453 or 609.352.
new text end

new text begin (l) "Stalking" has the meaning given in section 609.749.
new text end

new text begin (m) "Year" means a regular and consecutive 12-month period, as determined by an
employer and clearly communicated to each employee of that employer.
new text end

new text begin Subd. 2. new text end

new text begin Accrual of earned sick and safe time. new text end

new text begin (a) An employee accrues a minimum
of one hour of earned sick and safe time for every 30 hours worked up to a maximum of 48
hours of earned sick and safe time in a year. Employees may not accrue more than 48 hours
of earned sick and safe time in a year unless the employer agrees to a higher amount.
new text end

new text begin (b) Employers must permit an employee to carry over accrued but unused sick and safe
time into the following year. The total amount of accrued but unused earned sick and safe
time for an employee may not exceed 80 hours at any time, unless an employer agrees to a
higher amount.
new text end

new text begin (c) Employees who are exempt from overtime requirements under United States Code,
title 29, section 213(a)(1), as amended through the effective date of this section, are deemed
to work 40 hours in each workweek for purposes of accruing earned sick and safe time,
except that an employee whose normal workweek is less than 40 hours will accrue earned
sick and safe time based on the normal workweek.
new text end

new text begin (d) Earned sick and safe time under this section begins to accrue at the commencement
of employment of the employee.
new text end

new text begin (e) Employees may use accrued earned sick and safe time beginning 90 calendar days
after the day their employment commenced. After 90 days from the day employment
commenced, employees may use earned sick and safe time as it is accrued. The
90-calendar-day period under this paragraph includes both days worked and days not worked.
new text end

new text begin Subd. 3. new text end

new text begin Use of earned sick and safe time. new text end

new text begin (a) An employee may use accrued earned
sick and safe time for:
new text end

new text begin (1) an employee's:
new text end

new text begin (i) mental or physical illness, injury, or other health condition;
new text end

new text begin (ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury,
or health condition; or
new text end

new text begin (iii) need for preventive medical or health care;
new text end

new text begin (2) care of a family member:
new text end

new text begin (i) with a mental or physical illness, injury, or other health condition;
new text end

new text begin (ii) who needs medical diagnosis, care, or treatment of a mental or physical illness,
injury, or other health condition; or
new text end

new text begin (iii) who needs preventive medical or health care;
new text end

new text begin (3) absence due to domestic abuse, sexual assault, or stalking of the employee or
employee's family member, provided the absence is to:
new text end

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

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

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

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

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

new text begin (4) closure of the employee's place of business due to weather or other public emergency
or an employee's need to care for a family member whose school or place of care has been
closed due to weather or other public emergency; and
new text end

new text begin (5) when it has been determined by the health authorities having jurisdiction or by a
health care professional that the presence of the employee or family member of the employee
in the community would jeopardize the health of others because of the exposure of the
employee or family member of the employee to a communicable disease, whether or not
the employee or family member has actually contracted the communicable disease.
new text end

new text begin (b) An employer may require notice of the need for use of earned sick and safe time as
provided in this paragraph. If the need for use is foreseeable, an employer may require
advance notice of the intention to use earned sick and safe time but must not require more
than seven days' advance notice. If the need is unforeseeable, an employer may require an
employee to give notice of the need for earned sick and safe time as soon as practicable.
new text end

new text begin (c) When an employee uses earned sick and safe time for more than three consecutive
days, an employer may require reasonable documentation that the earned sick and safe time
is covered by paragraph (a). For earned sick and safe time under paragraph (a), clauses (1)
and (2), reasonable documentation may include a signed statement by a health care
professional indicating the need for use of earned sick and safe time. For earned sick and
safe time under paragraph (a), clause (3), an employer must accept a court record or
documentation signed by a volunteer or employee of a victims services organization, an
attorney, a police officer, or an antiviolence counselor as reasonable documentation. An
employer must not require disclosure of details relating to domestic abuse, sexual assault,
or stalking or the details of an employee's or an employee's family member's medical
condition as related to an employee's request to use earned sick and safe time under this
section.
new text end

new text begin (d) An employer may not require, as a condition of an employee using earned sick and
safe time, that the employee seek or find a replacement worker to cover the hours the
employee uses as earned sick and safe time.
new text end

new text begin (e) Earned sick and safe time may be used in the smallest increment of time tracked by
the employer's payroll system, provided such increment is not more than four hours.
new text end

new text begin Subd. 4. new text end

new text begin Retaliation prohibited. new text end

new text begin An employer shall not take retaliatory personnel action
against an employee because the employee has requested earned sick and safe time, used
earned sick and safe time, requested a statement of accrued sick and safe time, or made a
complaint or filed an action to enforce a right to earned sick and safe time under this section.
new text end

new text begin Subd. 5. new text end

new text begin Reinstatement to comparable position after leave. new text end

new text begin An employee returning
from a leave under this section is entitled to return to employment in a comparable position.
If, during a leave under this section, the employer experiences a layoff and the employee
would have lost a position had the employee not been on leave, pursuant to the good faith
operation of a bona fide layoff and recall system, including a system under a collective
bargaining agreement, the employee is not entitled to reinstatement in the former or
comparable position. In such circumstances, the employee retains all rights under the layoff
and recall system, including a system under a collective bargaining agreement, as if the
employee had not taken the leave.
new text end

new text begin Subd. 6. new text end

new text begin Pay and benefits after leave. new text end

new text begin An employee returning from a leave under this
section is entitled to return to employment at the same rate of pay the employee had been
receiving when the leave commenced, plus any automatic adjustments in the employee's
pay scale that occurred during leave period. The employee returning from a leave is entitled
to retain all accrued preleave benefits of employment and seniority as if there had been no
interruption in service, provided that nothing under this section prevents the accrual of
benefits or seniority during the leave pursuant to a collective bargaining or other agreement
between the employer and employees.
new text end

new text begin Subd. 7. new text end

new text begin Part-time return from leave. new text end

new text begin An employee, by agreement with the employer,
may return to work part time during the leave period without forfeiting the right to return
to employment at the end of the leave, as provided under this section.
new text end

new text begin Subd. 8. new text end

new text begin Notice and posting by employer. new text end

new text begin (a) Employers must give notice to all
employees that they are entitled to earned sick and safe time, including the amount of earned
sick and safe time, the accrual year for the employee, and the terms of its use under this
section; that retaliation against employees who request or use earned sick and safe time is
prohibited; and that each employee has the right to file a complaint or bring a civil action
if earned sick and safe time is denied by the employer or the employee is retaliated against
for requesting or using earned sick and safe time.
new text end

new text begin (b) Employers must supply employees with a notice in English and other appropriate
languages that contains the information required in paragraph (a) at commencement of
employment or the effective date of this section, whichever is later.
new text end

new text begin (c) The means used by the employer must be at least as effective as the following options
for providing notice:
new text end

new text begin (1) posting a copy of the notice at each location where employees perform work and
where the notice must be readily observed and easily reviewed by all employees performing
work; or
new text end

new text begin (2) providing a paper or electronic copy of the notice to employees.
new text end

new text begin The notice must contain all information required under paragraph (a). The commissioner
shall create and make available to employers a poster and a model notice that contains the
information required under paragraph (a) for their use in complying with this section.
new text end

new text begin (d) An employer that provides an employee handbook to its employees must include in
the handbook notice of employee rights and remedies under this section.
new text end

new text begin Subd. 9. new text end

new text begin Required statement to employee. new text end

new text begin (a) Upon request of the employee, the
employer must provide, in writing or electronically, current information stating the
employee's amount of:
new text end

new text begin (1) earned sick and safe time available to the employee; and
new text end

new text begin (2) used earned sick and safe time.
new text end

new text begin (b) Employers may choose a reasonable system for providing the information in paragraph
(a), including but not limited to listing information on each pay stub or developing an online
system where employees can access their own information.
new text end

new text begin Subd. 10. new text end

new text begin Employer records. new text end

new text begin (a) Employers shall retain accurate records documenting
hours worked by employees and earned sick and safe time taken and comply with all
requirements under section 177.30.
new text end

new text begin (b) An employer must allow an employee to inspect records required by this section and
relating to that employee at a reasonable time and place.
new text end

new text begin Subd. 11. new text end

new text begin Confidentiality and nondisclosure. new text end

new text begin (a) If, in conjunction with this section,
an employer possesses (1) health or medical information regarding an employee or an
employee's family member; (2) information pertaining to domestic abuse, sexual assault,
or stalking; (3) information that the employee has requested or obtained leave under this
section; or (4) any written or oral statement, documentation, record, or corroborating evidence
provided by the employee or an employee's family member, the employer must treat such
information as confidential. Information given by an employee may only be disclosed by
an employer if the disclosure is requested or consented to by the employee, when ordered
by a court or administrative agency, or when otherwise required by federal or state law.
new text end

new text begin (b) Records and documents relating to medical certifications, recertifications, or medical
histories of employees or family members of employees created for purposes of this section
or section 177.50 must be maintained as confidential medical records separate from the
usual personnel files. At the request of the employee, the employer must destroy or return
the records required by this section that are older than three years prior to the current calendar
year.
new text end

new text begin (c) Employers may not discriminate against any employee based on records created for
the purposes of this section or section 177.50.
new text end

new text begin Subd. 12. new text end

new text begin No effect on more generous sick and safe time policies. new text end

new text begin (a) Nothing in this
section shall be construed to discourage employers from adopting or retaining earned sick
and safe time policies that meet or exceed, and do not otherwise conflict with, the minimum
standards and requirements provided in this section.
new text end

new text begin (b) Nothing in this section shall be construed to limit the right of parties to a collective
bargaining agreement to bargain and agree with respect to earned sick and safe time policies
or to diminish the obligation of an employer to comply with any contract, collective
bargaining agreement, or any employment benefit program or plan that meets or exceeds,
and does not otherwise conflict with, the minimum standards and requirements provided in
this section.
new text end

new text begin (c) Employers who provide earned sick and safe time to their employees under a paid
time off policy or other paid leave policy that meets or exceeds, and does not otherwise
conflict with, the minimum standards and requirements provided in this section are not
required to provide additional earned sick and safe time.
new text end

new text begin (d) An employer may opt to satisfy the requirements of this section for construction
industry employees by:
new text end

new text begin (1) paying at least the prevailing wage rate as defined by section 177.42 and as calculated
by the Department of Labor and Industry; or
new text end

new text begin (2) paying at least the required rate established in a registered apprenticeship agreement
for apprentices registered with the Department of Labor and Industry.
new text end

new text begin An employer electing this option is deemed to be in compliance with this section for
construction industry employees who receive either at least the prevailing wage rate or the
rate required in the applicable apprenticeship agreement regardless of whether the employees
are working on private or public projects.
new text end

new text begin (e) This section does not prohibit an employer from establishing a policy whereby
employees may donate unused accrued sick and safe time to another employee.
new text end

new text begin (f) This section does not prohibit an employer from advancing sick and safe time to an
employee before accrual by the employee.
new text end

new text begin Subd. 13. new text end

new text begin Termination; separation; transfer. new text end

new text begin This section does not require financial
or other reimbursement to an employee from an employer upon the employee's termination,
resignation, retirement, or other separation from employment for accrued earned sick and
safe time that has not been used. If an employee is transferred to a separate division, entity,
or location, but remains employed by the same employer, the employee is entitled to all
earned sick and safe time accrued at the prior division, entity, or location and is entitled to
use all earned sick and safe time as provided in this section. When there is a separation from
employment and the employee is rehired within 180 days of separation by the same employer,
previously accrued earned sick and safe time that had not been used must be reinstated. An
employee is entitled to use accrued earned sick and safe time and accrue additional earned
sick and safe time at the commencement of reemployment.
new text end

new text begin Subd. 14. new text end

new text begin Employer succession. new text end

new text begin (a) When a different employer succeeds or takes the
place of an existing employer, all employees of the original employer who remain employed
by the successor employer are entitled to all earned sick and safe time accrued but not used
when employed by the original employer, and are entitled to use all earned sick and safe
time previously accrued but not used.
new text end

new text begin (b) If, at the time of transfer of the business, employees are terminated by the original
employer and hired within 30 days by the successor employer following the transfer, those
employees are entitled to all earned sick and safe time accrued but not used when employed
by the original employer, and are entitled to use all earned sick and safe time previously
accrued but not used.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 181.9413, new text end new text begin is repealed.
new text end

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective 180 days following final enactment.
new text end

ARTICLE 7

EARNED SICK AND SAFE TIME ENFORCEMENT

Section 1.

Minnesota Statutes 2018, section 177.27, subdivision 2, is amended to read:


Subd. 2.

Submission of records; penalty.

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

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

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

Sec. 2.

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


Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a
, 181.722, 181.79, deleted text beginanddeleted text end 181.939 to 181.943,new text begin and 181.9445,new text end or with any rule
promulgated under section 177.28. The commissioner shall issue an order requiring an
employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes
of this subdivision only, a violation is repeated if at any time during the two years that
preceded the date of violation, the commissioner issued an order to the employer for violation
of sections 177.41 to 177.435 and the order is final or the commissioner and the employer
have entered into a settlement agreement that required the employer to pay back wages that
were required by sections 177.41 to 177.435. The department shall serve the order upon the
employer or the employer's authorized representative in person or by certified mail at the
employer's place of business. An employer who wishes to contest the order must file written
notice of objection to the order with the commissioner within 15 calendar days after being
served with the order. A contested case proceeding must then be held in accordance with
sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the
employer fails to file a written notice of objection with the commissioner, the order becomes
a final order of the commissioner.

Sec. 3.

Minnesota Statutes 2018, section 177.27, subdivision 7, is amended to read:


Subd. 7.

Employer liability.

If an employer is found by the commissioner to have
violated a section identified in subdivision 4, or any rule adopted under section 177.28, and
the commissioner issues an order to comply, the commissioner shall order the employer to
cease and desist from engaging in the violative practice and to take such affirmative steps
that in the judgment of the commissioner will effectuate the purposes of the section or rule
violated. The commissioner shall order the employer to pay to the aggrieved parties back
pay, gratuities, and compensatory damages, less any amount actually paid to the employee
by the employer, and for an additional equal amount as liquidated damages. Any employer
who is found by the commissioner to have repeatedly or willfully violated a section or
sections identified in subdivision 4 shall be subject to a civil penalty of up to deleted text begin$1,000 deleted text endnew text begin $10,000
new text end for each violation for each employee. In determining the amount of a civil penalty under
this subdivision, the appropriateness of such penalty to the size of the employer's business
and the gravity of the violation shall be considered. In addition, the commissioner may order
the employer to reimburse the department and the attorney general for all appropriate
litigation and hearing costs expended in preparation for and in conducting the contested
case proceeding, unless payment of costs would impose extreme financial hardship on the
employer. If the employer is able to establish extreme financial hardship, then the
commissioner may order the employer to pay a percentage of the total costs that will not
cause extreme financial hardship. Costs include but are not limited to the costs of services
rendered by the attorney general, private attorneys if engaged by the department,
administrative law judges, court reporters, and expert witnesses as well as the cost of
transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's
order from the date the order is signed by the commissioner until it is paid, at an annual rate
provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish
escrow accounts for purposes of distributing damages.

Sec. 4.

new text begin [177.50] EARNED SICK AND SAFE TIME ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in section 181.9445, subdivision 1, apply to
this section.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking authority. new text end

new text begin The commissioner may adopt rules to carry out the
purposes of this section and section 181.9445.
new text end

new text begin Subd. 3. new text end

new text begin Individual remedies. new text end

new text begin In addition to any other remedies provided by law, a
person injured by a violation of section 181.9445 may bring a civil action to recover general
and special damages, along with costs, fees, and reasonable attorney fees, and may receive
injunctive and other equitable relief as determined by a court. An action to recover damages
under this subdivision must be commenced within three years of the violation of section
181.9445 that caused the injury to the employee.
new text end

new text begin Subd. 4. new text end

new text begin Grants to community organizations. new text end

new text begin The commissioner may make grants to
community organizations for the purpose of outreach to and education for employees
regarding their rights under section 181.9445. The community-based organizations must
be selected based on their experience, capacity, and relationships in high-violation industries.
The work under such a grant may include the creation and administration of a statewide
worker hotline.
new text end

new text begin Subd. 5. new text end

new text begin Report to legislature. new text end

new text begin (a) The commissioner must submit an annual report to
the legislature, including to the chairs and ranking minority members of any relevant
legislative committee. The report must include, but is not limited to:
new text end

new text begin (1) a list of all violations of section 181.9445, including the employer involved, and the
nature of any violations; and
new text end

new text begin (2) an analysis of noncompliance with section 181.9445, including any patterns by
employer, industry, or county.
new text end

new text begin (b) A report under this section must not include an employee's name or other identifying
information, any health or medical information regarding an employee or an employee's
family member, or any information pertaining to domestic abuse, sexual assault, or stalking
of an employee or an employee's family member.
new text end

new text begin Subd. 6. new text end

new text begin Contract for labor or services. new text end

new text begin It is the responsibility of all employers to not
enter into any contract or agreement for labor or services where the employer has any actual
knowledge or knowledge arising from familiarity with the normal facts and circumstances
of the business activity engaged in, or has any additional facts or information that, taken
together, would make a reasonably prudent person undertake to inquire whether, taken
together, the contractor is not complying or has failed to comply with this section. For
purposes of this subdivision, "actual knowledge" means information obtained by the employer
that the contractor has violated this section within the past two years and has failed to present
the employer with credible evidence that such noncompliance has been cured going forward.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 180 days after final enactment.
new text end

ARTICLE 8

LABOR AND INDUSTRY POLICY

Section 1.

Minnesota Statutes 2018, section 15.72, subdivision 2, is amended to read:


Subd. 2.

Retainage.

new text begin(a) new text endA public contracting agency may reserve as retainage from any
progress payment on a public contract for a public improvement an amount not to exceed
five percent of the payment. deleted text beginAdeleted text end new text beginThenew text end public new text begincontractingnew text end agency may reduce the amount of
the retainage and may eliminate retainage on any monthly contract payment if, in the agency's
opinion, the work is progressing satisfactorily.

new text begin (b) For all construction contracts greater than $5,000,000, the public contracting agency
must reduce retainage to no more than 2.5 percent if the public contracting agency determines
the work is 75 percent or more complete, that work is progressing satisfactorily, and all
contract requirements are being met.
new text end

new text begin (c) The public contracting agency must release any remaining retainage no later than 60
days after substantial completion.
new text end

new text begin (d) A contractor on a public contract for a public improvement must pay out any
remaining retainage to its subcontractors no later than ten days after receiving payment of
retainage from the public contracting agency, unless there is a dispute about the work under
a subcontract. If there is a dispute about the work under a subcontract, the contractor must
pay out retainage to any subcontractor whose work is not involved in the dispute, and must
provide a written statement detailing the amount and reason for the withholding to the
affected subcontractor and the public agency.
new text end

new text begin (e) A contractor may not reserve as retainage from a subcontractor an amount that exceeds
the amount reserved by the public contracting agency under this subdivision. Upon written
request of a subcontractor who has not been paid for work in accordance with section
16A.1245 or 471.425, subdivision 4a, the public contracting agency shall notify the
subcontractor of a progress payment, retainage payment, or final payment made to the
contractor. A contractor must include in any contract with a subcontractor the name, address,
and telephone number of a responsible official at the public contracting agency that may
be contacted for purposes of making a request under this paragraph.
new text end

new text begin (f) After substantial completion, a public contracting agency may withhold no more
than:
new text end

new text begin (1) 250 percent of the value of incomplete or defective work; and
new text end

new text begin (2) one percent of the value of the contract or $500, whichever is greater, pending
completion and submission of all final paperwork by the contractor, provided that an amount
withheld under this clause may not exceed $10,000.
new text end

new text begin If the public contracting agency withholds payment under this paragraph, the public
contracting agency must promptly provide a written statement detailing the amount and
basis of withholding to the contractor. The public contracting agency must provide a copy
of this statement to any subcontractor that requests it. Any amounts withheld for incomplete
or defective work shall be paid within 45 days after the completion of the work. Any amounts
withheld under clause (1) must be paid within 45 days after completion of the work. Any
amounts withheld under clause (2) must be paid within 45 days after submission of all final
paperwork.
new text end

new text begin (g) As used in this subdivision, "substantial completion" shall be determined as provided
in section 541.051, subdivision 1, paragraph (a). For construction, reconstruction, or
improvement of streets and highways, including bridges, substantial completion means the
date when construction-related traffic devices and ongoing inspections are no longer required.
new text end

new text begin (h) The maximum retainage percentage allowed for a building and construction contract
is the retainage percentage withheld by the public contracting agency from the contractor.
new text end

new text begin (i) Withholding retainage for warranties or warranty work is prohibited.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to agreements entered into on or after August
1, 2019.
new text end

Sec. 2.

Minnesota Statutes 2018, section 175.46, subdivision 3, is amended to read:


Subd. 3.

Duties.

(a) The commissioner shall:

(1) approve youth skills training programs new text beginthat train student learners for careers new text endin
high-growth, high-demand occupations that provide:

(i) that the work of the student learner in the occupations declared particularly hazardous
shall be incidental to the training;

(ii) that the work shall be intermittent and for short periods of time, and under the direct
and close supervision of a qualified and experienced person;

(iii) that safety instruction shall be provided to the student learner and may be given by
the school and correlated by the employer with on-the-job training;

(iv) a schedule of organized and progressive work processes to be performed on the job;

(v) a schedule of wage rates in compliance with section 177.24; and

(vi) whether the student learner will obtain secondary school academic credit,
postsecondary credit, or both, for the training program;

(2) approve occupations and maintain a list of approved occupations for programs under
this section;

(3) issue requests for proposals for grants;

(4) work with individuals representing industry and labor to develop new youth skills
training programs;

(5) develop model program guides;

(6) monitor youth skills training programs;

(7) provide technical assistance to local partnership grantees;

(8) work with providers to identify paths for receiving postsecondary credit for
participation in the youth skills training program; and

(9) approve other activities as necessary to implement the program.

(b) The commissioner shall collaborate with stakeholders, including, but not limited to,
representatives of secondary school institutions, career and technical education instructors,
postsecondary institutions, businesses, and labor, in developing youth skills training
programs, and identifying and approving occupations and competencies for youth skills
training programs.

Sec. 3.

Minnesota Statutes 2018, section 175.46, subdivision 13, is amended to read:


Subd. 13.

Grant awards.

(a)new text begin The commissioner shall award grants to local partnerships
for youth skills training programs that train student learners for careers in high-growth,
high-demand occupations. Grant awards may not exceed $100,000 per local partnership
grant.
new text end

new text begin (b)new text end A local partnership awarded a grant under this section must use the grant award for
any of the following implementation and coordination activities:

(1) recruiting additional employers to provide on-the-job training and supervision for
student learners and providing technical assistance to those employers;

(2) recruiting students to participate in the local youth skills training program, monitoring
the progress of student learners participating in the program, and monitoring program
outcomes;

(3) coordinating youth skills training activities within participating school districts and
among participating school districts, postsecondary institutions, and employers;

(4) coordinating academic, vocational and occupational learning, school-based and
work-based learning, and secondary and postsecondary education for participants in the
local youth skills training program;

(5) coordinating transportation for student learners participating in the local youth skills
training program; and

(6) any other implementation or coordination activity that the commissioner may direct
or permit the local partnership to perform.

deleted text begin (b)deleted text endnew text begin (c)new text end Grant awards may not be used to directly or indirectly pay the wages of a student
learner.

Sec. 4.

Minnesota Statutes 2018, section 176.1812, subdivision 2, is amended to read:


Subd. 2.

Filing and review.

new text begin(a) new text endA copy of the agreement and the approximate number
of employees who will be covered under it must be filed with the commissioner. Within 21
days of receipt of an agreement, the commissioner shall review the agreement for compliance
with this section and the benefit provisions of this chapter and notify the parties of any
additional information required or any recommended modification that would bring the
agreement into compliance. Upon receipt of any requested information or modification, the
commissioner must notify the parties within 21 days whether the agreement is in compliance
with this section and the benefit provisions of this chapter.

new text begin (b) After an agreement is approved by the commissioner under paragraph (a), a qualified
employer may join or withdraw from a qualified group of employers without commissioner
review or approval. The commissioner must be notified within 30 days when a qualified
employer joins or withdraws from a qualified group of employers.
new text end

new text begin (c) new text endIn order for any agreement to remain in effect, it must provide for a timely and
accurate method of reporting to the commissioner deleted text beginnecessary information regarding service
cost and utilization
deleted text endnew text begin the individual claims covered by the agreement and claim-specific
dispute resolution data, in the form and manner prescribed by the commissioner. Dispute
resolution data includes information about facilitation, mediation, and arbitration and shall
be provided annually to the commissioner
new text end to enable the commissioner to deleted text beginannuallydeleted text end report
new text begin aggregate dispute data new text endto the legislature. deleted text beginThe information provided to the commissioner
must include aggregate data on the:
deleted text end

deleted text begin (i) person hours and payroll covered by agreements filed;
deleted text end

deleted text begin (ii) number of claims filed;
deleted text end

deleted text begin (iii) average cost per claim;
deleted text end

deleted text begin (iv) number of litigated claims, including the number of claims submitted to arbitration,
the Workers' Compensation Court of Appeals, the Office of Administrative Hearings, the
district court, the Minnesota Court of Appeals or the supreme court;
deleted text end

deleted text begin (v) number of contested claims resolved prior to arbitration;
deleted text end

deleted text begin (vi) projected incurred costs and actual costs of claims;
deleted text end

deleted text begin (vii) employer's safety history;
deleted text end

deleted text begin (viii) number of workers participating in vocational rehabilitation; and
deleted text end

deleted text begin (ix) number of workers participating in light-duty programs.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraphs (a) and (b) are effective June 1, 2019. Paragraph (c)
is effective August 1, 2020.
new text end

Sec. 5.

Minnesota Statutes 2018, section 176.231, subdivision 1, is amended to read:


Subdivision 1.

Time limitation.

new text begin(a) new text endWhere death or serious injury occurs to an employee
during the course of employment, the employer shall report the injury or death to the
commissioner and insurer within 48 hours after its occurrence. Where any other injury
occurs which wholly or partly incapacitates the employee from performing labor or service
for more than three calendar days, the employer shall report the injury to the insurer on a
form prescribed by the commissioner within ten days from its occurrence. An insurer and
self-insured employer shall report the injury to the commissioner no later than 14 days from
its occurrence. Where an injury has once been reported but subsequently death ensues, the
employer shall report the death to the commissioner and insurer within 48 hours after the
employer receives notice of this fact. An employer who provides notice to the Occupational
Safety and Health Division of the Department of Labor and Industry of a fatality within the
eight-hour time frame required by law, or of an inpatient hospitalization within the 24-hour
time frame required by law, has satisfied the employer's obligation under this section.

new text begin (b) At the time an injury is required to be reported to the commissioner, the insurer or
self-insured employer must also specify whether the injury is covered by a collective
bargaining agreement approved by the commissioner under section 176.1812. Notice must
be provided in the format and manner prescribed by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 6.

Minnesota Statutes 2018, section 179.86, subdivision 1, is amended to read:


Subdivision 1.

Definition.

For the purpose of this section, "employer" meansnew text begin:
new text end

new text begin (1)new text end an employer deleted text beginin the meatpacking industry.deleted text endnew text begin whose employees routinely pack, can, or
otherwise process poultry or meat for human consumption; or
new text end

new text begin (2) an employer whose employees routinely clean or sterilize meat processing or poultry
processing equipment used by an employer as defined in clause (1).
new text end

Sec. 7.

Minnesota Statutes 2018, section 179.86, subdivision 3, is amended to read:


Subd. 3.

Information provided to employee by employer.

(a) An employer must
provide an explanation deleted text beginin an employee's native languagedeleted text end of the employee's rights and duties
as an employee either person to person or through written materials that, at a minimum,
include:

(1) a complete description of the salary and benefits plans as they relate to the employee;

(2) a job description for the employee's position;

(3) a description of leave policies;

(4) a description of the work hours and work hours policy; and

(5) a description of the occupational hazards known to exist for the position.

(b) The explanation must also include information on the following employee rights as
protected by state or federal law and a description of where additional information about
those rights may be obtained:

(1) the right to organize and bargain collectively and refrain from organizing and
bargaining collectively;

(2) the right to a safe workplace; and

(3) the right to be free from discrimination.

new text begin (c) The explanation must be provided in a language the employee speaks fluently.
new text end

Sec. 8.

Minnesota Statutes 2018, section 181.635, subdivision 2, is amended to read:


Subd. 2.

Recruiting; required disclosure.

An employer shall provide written disclosure
of the terms and conditions of employment to a person at the time it recruits the person to
relocate to work in the food processing industry. The disclosure requirement does not apply
to an exempt employee as defined in United States Code, title 29, section 213(a)(1). The
disclosure must be written in deleted text beginEnglish and Spanish,deleted text endnew text begin a language the employee speaks fluently
in addition to any other languages preferred by the employer. The disclosure must be
new text end dated
and signed by the employer and the person recruited, and maintained by the employer for
two years. new text beginIf the employer has any reason to doubt the employee's ability to read, the
employer must read the disclosure out loud to the employee in a language the employee
speaks fluently before the disclosure is signed.
new text endA copy of the signed and completed disclosure
must be delivered immediately to the recruited person. The disclosure may not be construed
as an employment contract.

Sec. 9.

Minnesota Statutes 2018, section 182.659, subdivision 8, is amended to read:


Subd. 8.

Protection from subpoena; data.

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

Sec. 10.

Minnesota Statutes 2018, section 182.666, subdivision 1, is amended to read:


Subdivision 1.

Willful or repeated violations.

Any employer who willfully or repeatedly
violates the requirements of section 182.653, or any standard, rule, or order adopted under
the authority of the commissioner as provided in this chapter, may be assessed a fine not to
exceed deleted text begin$70,000deleted text endnew text begin $129,335new text end for each violation. The minimum fine for a willful violation is
deleted text begin $5,000deleted text endnew text begin $9,240new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 11.

Minnesota Statutes 2018, section 182.666, subdivision 2, is amended to read:


Subd. 2.

Serious violations.

Any employer who has received a citation for a serious
violation of its duties under section 182.653, or any standard, rule, or order adopted under
the authority of the commissioner as provided in this chapter, shall be assessed a fine not
to exceed deleted text begin$7,000deleted text endnew text begin $12,935new text end for each violation. If a serious violation under section 182.653,
subdivision 2
, causes or contributes to the death of an employee, the employer shall be
assessed a fine of up to $25,000new text begin for each violationnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 12.

Minnesota Statutes 2018, section 182.666, subdivision 3, is amended to read:


Subd. 3.

Nonserious violations.

Any employer who has received a citation for a violation
of its duties under section 182.653, subdivisions 2 to 4, where the violation is specifically
determined not to be of a serious nature as provided in section 182.651, subdivision 12,
may be assessed a fine of up to deleted text begin$7,000deleted text endnew text begin $12,935new text end for each violation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 13.

Minnesota Statutes 2018, section 182.666, subdivision 4, is amended to read:


Subd. 4.

Failure to correct a violation.

Any employer who fails to correct a violation
for which a citation has been issued under section 182.66 within the period permitted for
its correction, which period shall not begin to run until the date of the final order of the
commissioner in the case of any review proceedings under this chapter initiated by the
employer in good faith and not solely for delay or avoidance of penalties, may be assessed
a fine of not more than deleted text begin$7,000deleted text endnew text begin $12,935new text end for each day during which the failure or violation
continues.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 14.

Minnesota Statutes 2018, section 182.666, subdivision 5, is amended to read:


Subd. 5.

Posting violations.

Any employer who violates any of the posting requirements,
as prescribed under this chapter, except those prescribed under section 182.661, subdivision
3a
, shall be assessed a fine of up to deleted text begin$7,000deleted text endnew text begin $12,935new text end for each violation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 15.

Minnesota Statutes 2018, section 182.666, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Increases for inflation. new text end

new text begin (a) No later than August 31 of each year, beginning
in 2019, the commissioner shall determine the percentage increase in the rate of inflation,
as measured by the implicit price deflator, national data for personal consumption
expenditures as determined by the United States Department of Commerce, Bureau of
Economic Analysis during the 12-month period immediately preceding that August or, if
that data is unavailable, during the most recent 12-month period for which data is available.
The fines in subdivisions 1, 2, 3, 4, and 5, except for the fine for a serious violation under
section 182.653, subdivision 2, that causes or contributes to the death of an employee, are
increased by the lesser of (1) 2.5 percent, rounded to the nearest dollar amount evenly
divisible by ten, or (2) the percentage calculated by the commissioner, rounded to the nearest
dollar amount evenly divisible by ten.
new text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 16.

Minnesota Statutes 2018, section 326B.082, subdivision 6, is amended to read:


Subd. 6.

Notices of violation.

(a) The commissioner may issue a notice of violation to
any person who the commissioner determines has committed a violation of the applicable
law. The notice of violation must state a summary of the facts that constitute the violation
and the applicable law violated. The notice of violation may require the person to correct
the violation. If correction is required, the notice of violation must state the deadline by
which the violation must be corrected.

(b) The commissioner shall issue the notice of violation by:

(1) serving the notice of violation on the property owner or on the person who committed
the violation; or

(2) posting the notice of violation at the location where the violation occurred.

(c) If the person to whom the commissioner has issued the notice of violation believes
the notice was issued in error, then the person may request reconsideration of the parts of
the notice that the person believes are in error. The request for reconsideration must be in
writing and must be served on deleted text beginordeleted text endnew text begin,new text end faxednew text begin, or e-mailednew text end to the commissioner at the address deleted text beginordeleted text endnew text begin,new text end
fax numbernew text begin, or e-mail addressnew text end specified in the notice of violation by the tenth day after the
commissioner issued the notice of violation. The date on which a request for reconsideration
is served by mail shall be the postmark date on the envelope in which the request for
reconsideration is mailed. If the person does not serve deleted text beginordeleted text endnew text begin,new text end faxnew text begin, or e-mailnew text end a written request
for reconsideration or if the person's written request for reconsideration is not served on or
faxed to the commissioner by the tenth day after the commissioner issued the notice of
violation, the notice of violation shall become a final order of the commissioner and will
not be subject to review by any court or agency. The request for reconsideration must:

(1) specify which parts of the notice of violation the person believes are in error;

(2) explain why the person believes the parts are in error; and

(3) provide documentation to support the request for reconsideration.

The commissioner shall respond in writing to requests for reconsideration made under
this paragraph within 15 days after receiving the request. A request for reconsideration does
not stay a requirement to correct a violation as set forth in the notice of violation. After
reviewing the request for reconsideration, the commissioner may affirm, modify, or rescind
the notice of violation. The commissioner's response to a request for reconsideration is final
and shall not be reviewed by any court or agency.

Sec. 17.

Minnesota Statutes 2018, section 326B.082, subdivision 8, is amended to read:


Subd. 8.

Hearings related to administrative orders.

(a) Within 30 days after the
commissioner issues an administrative order or within 20 days after the commissioner issues
the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the person to
whom the administrative order or notice is issued may request an expedited hearing to
review the commissioner's order or notice. The request for hearing must be in writing and
must be served on deleted text beginordeleted text endnew text begin,new text end faxednew text begin, or e-mailednew text end to the commissioner at the address deleted text beginordeleted text endnew text begin,new text end fax numbernew text begin,
or e-mail address
new text end specified in the order or notice. If the person does not request a hearing
or if the person's written request for hearing is not served on deleted text beginordeleted text endnew text begin,new text end faxednew text begin, or e-mailednew text end to the
commissioner by the 30th day after the commissioner issues the administrative order or the
20th day after the commissioner issues the notice under section 326B.083, subdivision 3,
paragraph (b), clause (3), the order will become a final order of the commissioner and will
not be subject to review by any court or agency. The date on which a request for hearing is
served by mail shall be the postmark date on the envelope in which the request for hearing
is mailed. The hearing request must specifically state the reasons for seeking review of the
order or notice. The person to whom the order or notice is issued and the commissioner are
the parties to the expedited hearing. The commissioner must notify the person to whom the
order or notice is issued of the time and place of the hearing at least 15 days before the
hearing. The expedited hearing must be held within 45 days after a request for hearing has
been received by the commissioner unless the parties agree to a later date.

(b) Parties may submit written arguments if permitted by the administrative law judge.
All written arguments must be submitted within ten days following the completion of the
hearing or the receipt of any late-filed exhibits that the parties and the administrative law
judge have agreed should be received into the record, whichever is later. The hearing shall
be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this
subdivision. The Office of Administrative Hearings may, in consultation with the agency,
adopt rules specifically applicable to cases under this section.

(c) The administrative law judge shall issue a report making findings of fact, conclusions
of law, and a recommended order to the commissioner within 30 days following the
completion of the hearing, the receipt of late-filed exhibits, or the submission of written
arguments, whichever is later.

(d) If the administrative law judge makes a finding that the hearing was requested solely
for purposes of delay or that the hearing request was frivolous, the commissioner may add
to the amount of the penalty the costs charged to the department by the Office of
Administrative Hearings for the hearing.

(e) If a hearing has been held, the commissioner shall not issue a final order until at least
five days after the date of the administrative law judge's report. Any person aggrieved by
the administrative law judge's report may, within those five days, serve written comments
to the commissioner on the report and the commissioner shall consider and enter the
comments in the record. The commissioner's final order shall comply with sections 14.61,
subdivision 2
, and 14.62, subdivisions 1 and 2a, and may be appealed in the manner provided
in sections 14.63 to 14.69.

Sec. 18.

Minnesota Statutes 2018, section 326B.082, subdivision 12, is amended to read:


Subd. 12.

Issuance of licensing orders; hearings related to licensing orders.

(a) If
the commissioner determines that a permit, license, registration, or certificate should be
conditioned, limited, suspended, revoked, or denied under subdivision 11, or that the permit
holder, licensee, registrant, or certificate holder should be censured under subdivision 11,
then the commissioner shall issue to the person an order denying, conditioning, limiting,
suspending, or revoking the person's permit, license, registration, or certificate, or censuring
the permit holder, licensee, registrant, or certificate holder.

(b) Any order issued under paragraph (a) may include an assessment of monetary penalties
and may require the person to cease and desist from committing the violation or committing
the act, conduct, or practice set out in subdivision 11, paragraph (b). The monetary penalty
may be up to $10,000 for each violation or act, conduct, or practice committed by the person.
The procedures in section 326B.083 must be followed when issuing orders under paragraph
(a).

(c) The permit holder, licensee, registrant, certificate holder, or applicant to whom the
commissioner issues an order under paragraph (a) shall have 30 days after issuance of the
order to request a hearing. The request for hearing must be in writing and must be served
on deleted text beginordeleted text endnew text begin,new text end faxednew text begin, or e-mailednew text end to the commissioner at the address deleted text beginordeleted text endnew text begin,new text end fax numbernew text begin, or e-mail addressnew text end
specified in the order by the 30th day after issuance of the order. If the person does not
request a hearing or if the person's written request for hearing is not served on deleted text beginordeleted text endnew text begin,new text end faxednew text begin, or
e-mailed
new text end to the commissioner by the 30th day after issuance of the order, the order shall
become a final order of the commissioner and will not be subject to review by any court or
agency. The date on which a request for hearing is served by mail shall be the postmark
date on the envelope in which the request for hearing is mailed. If the person submits to the
commissioner a timely request for hearing, the order is stayed unless the commissioner
summarily suspends the license, registration, certificate, or permit under subdivision 13,
and a contested case hearing shall be held in accordance with chapter 14.

Sec. 19.

Minnesota Statutes 2018, section 326B.103, subdivision 11, is amended to read:


Subd. 11.

Public building.

"Public building" means a building and its grounds the cost
of which is paid for by the state or a state agency regardless of its cost, and a deleted text beginschool districtdeleted text end
building projectnew text begin for a school districtnew text end or charter school deleted text beginbuilding projectdeleted text end the cost of which is
$100,000 or more.

Sec. 20.

Minnesota Statutes 2018, section 326B.106, subdivision 9, is amended to read:


Subd. 9.

Accessibility.

(a) Public buildings. The code must deleted text beginprovide for makingdeleted text end new text beginrequire
new
new text endpublic buildings deleted text beginconstructed or remodeled after July 1, 1963deleted text enddeleted text begin,deleted text end new text beginand remodeled portions
of existing public buildings to be
new text endaccessible to and usable by persons with disabilitiesdeleted text begin,
although this does not require the remodeling of public buildings solely to provide
accessibility and usability to persons with disabilities when remodeling would not otherwise
be undertaken
deleted text end.

(b) Leased space. No agency of the state may lease space for agency operations in a
non-state-owned building unless the building satisfies the requirements of the State Building
Code for accessibility by persons with disabilities, or is eligible to display the state symbol
of accessibility. This limitation applies to leases of 30 days or more for space of at least
1,000 square feet.

(c) Meetings or conferences. Meetings or conferences for the public or for state
employees which are sponsored in whole or in part by a state agency must be held in
buildings that meet the State Building Code requirements relating to accessibility for persons
with disabilities. This subdivision does not apply to any classes, seminars, or training
programs offered by the Minnesota State Colleges and Universities or the University of
Minnesota. Meetings or conferences intended for specific individuals none of whom need
the accessibility features for persons with disabilities specified in the State Building Code
need not comply with this subdivision unless a person with a disability gives reasonable
advance notice of an intent to attend the meeting or conference. When sign language
interpreters will be provided, meetings or conference sites must be chosen which allow
participants who are deaf or hard-of-hearing to see the sign language interpreters clearly.

(d) Exemptions. The commissioner may grant an exemption from the requirements of
paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts
were made to secure facilities which complied with those requirements and if the selected
facilities are the best available for access for persons with disabilities. Exemptions shall be
granted using criteria developed by the commissioner in consultation with the Council on
Disability.

(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
International's Eleventh World Congress is the state symbol indicating buildings, facilities,
and grounds which are accessible to and usable by persons with disabilities. In the interests
of uniformity, this symbol is the sole symbol for display in or on all public or private
buildings, facilities, and grounds which qualify for its use. The secretary of state shall obtain
the symbol and keep it on file. No building, facility, or grounds may display the symbol
unless it is in compliance with the rules adopted by the commissioner under subdivision 1.
Before any rules are proposed for adoption under this paragraph, the commissioner shall
consult with the Council on Disability. Rules adopted under this paragraph must be enforced
in the same way as other accessibility rules of the State Building Code.

Sec. 21.

Minnesota Statutes 2018, section 326B.46, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin License number to be displayed. new text end

new text begin Any vehicle used by a plumbing contractor
or restricted plumbing contractor while performing plumbing work for which a contractor's
license is required shall have the contractor's name and license number as it appears on the
contractor's license in contrasting color with characters at least three inches high and one-half
inch in width affixed to each side of the vehicle.
new text end

Sec. 22.

Minnesota Statutes 2018, section 326B.475, subdivision 4, is amended to read:


Subd. 4.

Renewal; use period for license.

deleted text begin(a)deleted text end A restricted master plumber and restricted
journeyworker plumber license must be renewed for as long as that licensee engages in the
plumbing trade. Notwithstanding section 326B.094, failure to renew a restricted master
plumber and restricted journeyworker plumber license within 12 months after the expiration
date will result in permanent forfeiture of the restricted master plumber and restricted
journeyworker plumber license.

deleted text begin (b) The commissioner shall in a manner determined by the commissioner, without the
need for any rulemaking under chapter 14, phase in the renewal of restricted master plumber
and restricted journeyworker plumber licenses from one year to two years. By June 30,
2011, all restricted master plumber and restricted journeyworker plumber licenses shall be
two-year licenses.
deleted text end

Sec. 23.

Minnesota Statutes 2018, section 326B.802, subdivision 15, is amended to read:


Subd. 15.

Special skill.

"Special skill" means one of the following eight categories:

(a) Excavation. Excavation includes work in any of the following areas:

(1) excavation;

(2) trenching;

(3) grading; and

(4) site grading.

(b) Masonry and concrete. Masonry and concrete includes work in any of the following
areas:

(1) drain systems;

(2) poured walls;

(3) slabs and poured-in-place footings;

(4) masonry walls;

(5) masonry fireplaces;

(6) masonry veneer; and

(7) water resistance and waterproofing.

(c) Carpentry. Carpentry includes work in any of the following areas:

(1) rough framing;

(2) finish carpentry;

(3) doors, windows, and skylights;

(4) porches and decks, excluding footings;

(5) wood foundations; and

(6) drywall installation, excluding taping and finishing.

(d) Interior finishing. Interior finishing includes work in any of the following areas:

(1) floor covering;

(2) wood floors;

(3) cabinet and counter top installation;

(4) insulation and vapor barriers;

(5) interior or exterior painting;

(6) ceramic, marble, and quarry tile;

(7) ornamental guardrail and installation of prefabricated stairs; and

(8) wallpapering.

(e) Exterior finishing. Exterior finishing includes work in any of the following areas:

(1) siding;

(2) soffit, fascia, and trim;

(3) exterior plaster and stucco;

(4) painting; and

(5) rain carrying systems, including gutters and down spouts.

(f) Drywall and plaster. Drywall and plaster includes work in any of the following
areas:

(1) installation;

(2) taping;

(3) finishing;

(4) interior plaster;

(5) painting; and

(6) wallpapering.

(g) Residential roofing. Residential roofing includes work in any of the following areas:

(1) roof coverings;

(2) roof sheathing;

(3) roof weatherproofing and insulation; deleted text beginand
deleted text end

(4) repair of roof support system, but not construction of new roof support systemdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) penetration of roof covering for purposes of attaching a solar photovoltaic system.
new text end

(h) General installation specialties. Installation includes work in any of the following
areas:

(1) garage doors and openers;

(2) pools, spas, and hot tubs;

(3) fireplaces and wood stoves;

(4) asphalt paving and seal coating; deleted text beginand
deleted text end

(5) ornamental guardrail and prefabricated stairsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (6) assembly of the support system for a solar photovoltaic system.
new text end

Sec. 24.

Minnesota Statutes 2018, section 326B.815, subdivision 1, is amended to read:


Subdivision 1.

Fees.

(a) For the purposes of calculating fees under section 326B.092,
an initial or renewed residential contractor, residential remodeler, or residential roofer license
is a business license. Notwithstanding section 326B.092, the licensing fee for manufactured
home installers under section 327B.041 is deleted text begin$300deleted text endnew text begin $180new text end for a three-year period.

(b) All initial and renewal licenses, except for manufactured home installer licenses,
shall be effective for two years and shall expire on March 31 of the year after the year in
which the application is made.

(c) The commissioner shall in a manner determined by the commissioner, without the
need for any rulemaking under chapter 14, phase in the renewal of residential contractor,
residential remodeler, and residential roofer licenses from one year to two years. By June
30, 2011, all renewed residential contractor, residential remodeler, and residential roofer
licenses shall be two-year licenses.

Sec. 25.

Minnesota Statutes 2018, section 326B.821, subdivision 21, is amended to read:


Subd. 21.

Residential building contractor, remodeler, and roofer education.

(a) Each
licensee must, during each continuing education reporting period, complete and report one
hour of continuing education relating to energy codes or energy conservation measures
applicable to residential buildingsnew text begin and one hour of business management strategies applicable
to residential construction businesses
new text end.

(b) Immediately following the adoption date of a new residential code, the commissioner
may prescribe that up to seven of the required 14 hours of continuing education credit per
licensure period include education hours specifically designated to instruct licensees on
new or existing State Building Code provisions.

Sec. 26.

Minnesota Statutes 2018, section 326B.84, is amended to read:


326B.84 GROUNDS FOR SANCTIONS.

The commissioner may use any enforcement provision in section 326B.082 against an
applicant for, qualifying person of, or holder of a license or certificate of exemption,new text begin or any
individual or entity who is required by law to hold a license or certificate of exemption,
new text end if
thenew text begin individual, entity,new text end applicant, licensee, certificate of exemption holder, qualifying person,
or owner, officer, member, managing employee, or affiliate of the applicant, licensee, or
certificate of exemption holder:

(1) has filed an application for licensure or a certificate of exemption which is incomplete
in any material respect or contains any statement which, in light of the circumstances under
which it is made, is false or misleading with respect to any material fact;

(2) has engaged in a fraudulent, deceptive, or dishonest practice;

(3) is permanently or temporarily enjoined by any court of competent jurisdiction from
engaging in or continuing any conduct or practice involving any aspect of the business;

(4) has failed to reasonably supervise employees, agents, subcontractors, or salespersons,
or has performed negligently or in breach of contract, so as to cause injury or harm to the
public;

(5) has violated or failed to comply with any provision of sections 326B.802 to 326B.885,
any rule or order under sections 326B.802 to 326B.885, or any other law, rule, or order
related to the duties and responsibilities entrusted to the commissioner;

(6) has been convicted of a violation of the State Building Code or has refused to comply
with a correction order issued by a certified building official, or in local jurisdictions that
have not adopted the State Building Code has refused to correct a violation of the State
Building Code when the violation has been documented by a certified building official;

(7) has failed to use the proceeds of any payment made to the licensee for the construction
of, or any improvement to, residential real estate, as defined in section 326B.802, subdivision
13
, for the payment of labor, skill, material, and machinery contributed to the construction
or improvement, knowing that the cost of any labor performed, or skill, material, or
machinery furnished for the improvement remains unpaid;

(8) has not furnished to the person making payment either a valid lien waiver as to any
unpaid labor performed, or skill, material, or machinery furnished for an improvement, or
a payment bond in the basic amount of the contract price for the improvement conditioned
for the prompt payment to any person or persons entitled to payment;

(9) has engaged in an act or practice that results in compensation to an aggrieved owner
or lessee from the contractor recovery fund pursuant to section 326B.89, unless:

(i) the applicant or licensee has repaid the fund twice the amount paid from the fund,
plus interest at the rate of 12 percent per year; and

(ii) the applicant or licensee has obtained a surety bond in the amount of at least $40,000,
issued by an insurer authorized to transact business in this state;

(10) has engaged in bad faith, unreasonable delays, or frivolous claims in defense of a
civil lawsuit or arbitration arising out of their activities as a licensee or certificate of
exemption holder under this chapter;

(11) has had a judgment entered against them for failure to make payments to employees,
subcontractors, or suppliers, that the licensee has failed to satisfy and all appeals of the
judgment have been exhausted or the period for appeal has expired;

(12) if unlicensed, has obtained a building permit by the fraudulent use of a fictitious
license number or the license number of another, or, if licensed, has knowingly allowed an
unlicensed person to use the licensee's license number for the purpose of fraudulently
obtaining a building permit; or has applied for or obtained a building permit for an unlicensed
person;

(13) has made use of a forged mechanic's lien waiver under chapter 514;

(14) has provided false, misleading, or incomplete information to the commissioner or
has refused to allow a reasonable inspection of records or premises;

(15) has engaged in an act or practice whether or not the act or practice directly involves
the business for which the person is licensed, that demonstrates that the applicant or licensee
is untrustworthy, financially irresponsible, or otherwise incompetent or unqualified to act
under the license granted by the commissioner; or

(16) has failed to comply with requests for information, documents, or other requests
from the department within the time specified in the request or, if no time is specified, within
30 days of the mailing of the request by the department.

Sec. 27.

Minnesota Statutes 2018, section 327.31, is amended by adding a subdivision to
read:


new text begin Subd. 23. new text end

new text begin Modular home. new text end

new text begin "Modular home" means a building or structural unit of closed
construction that has been substantially manufactured or constructed, in whole or in part,
at an off-site location, with the final assembly occurring on site alone or with other units
and attached to a foundation designed to the State Building Code and occupied as a
single-family dwelling. Modular home construction must comply with applicable standards
adopted in Minnesota Rules, chapter 1360 or 1361.
new text end

Sec. 28.

new text begin [327.335] PLACEMENT OF MODULAR HOMES.
new text end

new text begin A modular home may be placed in a manufactured home park as defined in section
327.14, subdivision 3. A modular home placed in a manufactured home park is a
manufactured home for purposes of chapters 327C and 504B and all rights, obligations, and
duties under those chapters apply. A modular home may not be placed in a manufactured
home park without prior written approval of the park owner. Nothing in this section shall
be construed to inhibit the application of zoning, subdivision, architectural, or esthetic
requirements pursuant to chapters 394 and 462 that otherwise apply to manufactured homes
and manufactured home parks. A modular home placed in a manufactured home park under
this section shall be assessed and taxed as a manufactured home.
new text end

Sec. 29.

Minnesota Statutes 2018, section 327B.041, is amended to read:


327B.041 MANUFACTURED HOME INSTALLERS.

(a) Manufactured home installers are subject to all of the fees in section 326B.092 and
the requirements of sections 326B.802 to 326B.885, except for the following:

(1) manufactured home installers are not subject to the continuing education requirements
of sections 326B.0981, 326B.099, and 326B.821, but are subject to the continuing education
requirements established in rules adopted under section 327B.10;

(2) the examination requirement of section 326B.83, subdivision 3, for manufactured
home installers shall be satisfied by successful completion of a written examination
administered and developed specifically for the examination of manufactured home installers.
The examination must be administered and developed by the commissioner. The
commissioner and the state building official shall seek advice on the grading, monitoring,
and updating of examinations from the Minnesota Manufactured Housing Association;

(3) a local government unit may not place a surcharge on a license fee, and may not
charge a separate fee to installers;

(4) a dealer or distributor who does not install or repair manufactured homes is exempt
from licensure under sections 326B.802 to 326B.885;

(5) the exemption under section 326B.805, subdivision 6, clause (5), does not apply;
and

(6) manufactured home installers are not subject to the contractor recovery fund in
section 326B.89.

(b) The commissioner may waive all or part of the requirements for licensure as a
manufactured home installer for any individual who holds an unexpired license or certificate
issued by any other state or other United States jurisdiction if the licensing requirements of
that jurisdiction meet or exceed the corresponding licensing requirements of the department
and the individual complies with section 326B.092, subdivisions 1 and 3 to 7. deleted text beginFor the
purposes of calculating fees under section 326B.092, licensure as a manufactured home
installer is a business license.
deleted text end

Sec. 30.

Minnesota Statutes 2018, section 327C.095, subdivision 6, is amended to read:


Subd. 6.

Intent to convert use of park at time of purchase.

Before the execution of
an agreement to purchase a manufactured home park, the purchaser must notify the park
owner, in writing, if the purchaser intends to close the manufactured home park or convert
it to another use within one year of the execution of the agreement. The park owner shall
provide a resident of each manufactured home with a 45-day written notice of the purchaser's
intent to close the park or convert it to another use. The notice must state that the park owner
will provide information on the cash price and the terms and conditions of the purchaser's
offer to residents requesting the information. The notice must be sent by first class mail to
a resident of each manufactured home in the park. The notice period begins on the postmark
date affixed to the notice and ends 45 days after it begins. During the notice period required
in this subdivision, the owners of at least 51 percent of the manufactured homes in the park
or a nonprofit organization which has the written permission of the owners of at least 51
percent of the manufactured homes in the park to represent them in the acquisition of the
park shall have the right to meet the cash price and execute an agreement to purchase the
park for the purposes of keeping the park as a manufactured housing communitynew text begin, provided
that the owners or nonprofit organization will covenant and warrant to the park owner in
the agreement that they will continue to operate the park for not less than six years from
the date of closing
new text end. new text beginSaid covenant must be in writing and recorded with the office of the
county recorder or registrar of titles to remain in effect.
new text end The park owner must accept the
offer if it meets the cash price and the same terms and conditions set forth in the purchaser's
offer except that the seller is not obligated to provide owner financing. For purposes of this
section, cash price means the cash price offer or equivalent cash offer as defined in section
500.245, subdivision 1, paragraph (d).

Sec. 31.

Minnesota Statutes 2018, section 327C.095, is amended by adding a subdivision
to read:


new text begin Subd. 16. new text end

new text begin Reporting of licensed manufactured home parks. new text end

new text begin The Department of Health
or, if applicable, local units of government that have entered into a delegation of authority
agreement with the Department of Health as provided in section 145A.07 shall provide, by
March 31 of each year, a list of names and addresses of the manufactured home parks
licensed in the previous year, and for each manufactured home park, the current licensed
owner, the owner's address, the number of licensed manufactured home lots, and other data
as they may request for the Department of Management and Budget to invoice each licensed
manufactured home park in Minnesota.
new text end

Sec. 32.

Minnesota Statutes 2018, section 337.10, subdivision 4, is amended to read:


Subd. 4.

Progress payments and retainages.

(a) Unless the building and construction
contract provides otherwise, the owner or other persons making payments under the contract
must make progress payments monthly as the work progresses. Payments shall be based
upon estimates of work completed as approved by the owner or the owner's agent. A progress
payment shall not be considered acceptance or approval of any work or waiver of any defects
therein.

(b) Retainage on a building and construction contract may not exceed five percent. An
owner or owner's agent may reduce the amount of retainage and may eliminate retainage
on any monthly contract payment if, in the owner's opinion, the work is progressing
satisfactorily. Nothing in this subdivision is intended to require that retainage be withheld
in any building or construction contract.new text begin For all construction contracts greater than
$5,000,000, the owner or the owner's agent must reduce retainage to no more than 2.5
percent if the owner or the owner's agent determines the work is 75 percent or more complete,
that work is progressing satisfactorily, and all contract requirements are being met.
new text end

new text begin (c) The owner or the owner's agent must release any remaining retainage no later than
60 days after substantial completion. For purposes of this subdivision, "substantial
completion" shall be determined as provided in section 541.051, subdivision 1, paragraph
(a).
new text end

deleted text begin (c)deleted text end new text begin(d) Any contractor holding retainage must reduce that retainage at the same rate
reduced by the owner or the owner's agent. A contractor must pay out any remaining retainage
no later than ten days after receiving payment of retainage, unless there is a dispute about
the work under a subcontract, in which case the contractor must pay out retainage to any
party whose work is not involved in the dispute. Nothing in this subdivision is intended to
require that retainage be withheld in any building or construction contract.
new text end

new text begin (e) After substantial completion, an owner or owner's agent may withhold no more than:
new text end

new text begin (1) 250 percent of the value of incomplete or defective work; and
new text end

new text begin (2) one percent of the value of the contract or $500, whichever is greater, pending
completion and submission of all final paperwork by the contractor, provided that an amount
withheld under this clause may not exceed $10,000.
new text end

new text begin If the owner or the owner's agent withholds payment under this paragraph, the owner or the
owner's agent must promptly provide a written statement detailing the amount and basis of
withholding to the contractor. The owner or the owner's agent and the contractor must
provide a copy of this statement to any subcontractor that requests it. Any amounts withheld
for incomplete or defective work shall be paid within 45 days after the completion of the
work. Any amounts withheld under clause (1) must be paid within 45 days after completion
of the work. Any amounts withheld under clause (2) must be paid within 45 days after
submission of all final paperwork.
new text end

new text begin (f) The maximum retainage percentage allowed for a building and construction contract
is the retainage percentage withheld by the owner from the contractor.
new text end

new text begin (g) Withholding retainage for warranties or warranty work is prohibited.
new text end

new text begin (h) Retainage must not be used as collateral for the owner, owner's agent, or contractor.
new text end

new text begin (i) This subdivision does not apply to a public agency as defined in section 15.71,
subdivision 3.
new text end

new text begin (j) new text endThis subdivision does not apply to contracts for professional services as defined in
sections 326.02 to 326.15.

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to agreements entered into on or after August
1, 2019.
new text end

Sec. 33.

Minnesota Statutes 2018, section 341.30, subdivision 1, is amended to read:


Subdivision 1.

Licensure; individuals.

All referees, judges, promoters, trainers, deleted text beginring
announcers,
deleted text end timekeepers, ringside physicians, combatants, deleted text beginmanagers,deleted text end and seconds are
required to be licensed by the commissioner. The commissioner shall not permit any of
these persons to participate in any matter with any combative sport contest unless the
commissioner has first issued the person a license.

Sec. 34.

Minnesota Statutes 2018, section 341.32, subdivision 1, is amended to read:


Subdivision 1.

Annual licensure.

The commissioner may establish and issue annual
licenses subject to the collection of advance fees by the commissioner for promoters,
deleted text begin managers,deleted text end judges, referees, deleted text beginring announcers,deleted text end ringside physicians, timekeepers, combatants,
trainers, and seconds.

Sec. 35.

Minnesota Statutes 2018, section 341.321, is amended to read:


341.321 FEE SCHEDULE.

(a) The fee schedule for professional and amateur licenses issued by the commissioner
is as follows:

(1) referees, deleted text begin$80deleted text endnew text begin $25new text end;

(2) promoters, $700;

(3) judges and knockdown judges, deleted text begin$80deleted text endnew text begin $25new text end;

(4) trainers and seconds, $80;

deleted text begin (5) ring announcers, $80;
deleted text end

deleted text begin (6)deleted text endnew text begin (5)new text end timekeepers, deleted text begin$80deleted text endnew text begin $25new text end;

deleted text begin (7)deleted text endnew text begin (6)new text end professional combatants, $70;

deleted text begin (8)deleted text endnew text begin (7)new text end amateur combatants, $50;

deleted text begin (9) managers, $80;deleted text end and

deleted text begin (10)deleted text endnew text begin (8)new text end ringside physicians, deleted text begin$80deleted text endnew text begin $25new text end.

License fees for promoters are due at least six weeks prior to the combative sport contest.
All other license fees shall be paid no later than the weigh-in prior to the contest. No license
may be issued until all prelicensure requirements are satisfied and fees are paid.

(b) The commissioner shall establish a contest fee for each combative sport contest and
shall consider the size and type of venue when establishing a contest fee. The combative
sport contest fee is $1,500 per event or not more than four percent of the gross ticket sales,
whichever is greater, as determined by the commissioner when the combative sport contest
is scheduled.

(c) A professional or amateur combative sport contest fee is nonrefundable and shall be
paid as follows:

(1) $500 at the time the combative sport contest is scheduled; and

(2) $1,000 at the weigh-in prior to the contest.

If four percent of the gross ticket sales is greater than $1,500, the balance is due to the
commissioner within seven days of the completed contest.

(d) The commissioner may establish the maximum number of complimentary tickets
allowed for each event by rule.

(e) All fees and penalties collected by the commissioner must be deposited in the
commissioner account in the special revenue fund.

Sec. 36. new text beginADVANCES TO THE MINNESOTA MANUFACTURED HOME
RELOCATION TRUST FUND.
new text end

new text begin (a) The Housing Finance Agency or Department of Management and Budget as
determined by the commissioner of management and budget, is authorized to advance up
to $400,000 from state appropriations or other resources to the Minnesota manufactured
home relocation trust fund established under Minnesota Statutes, section 462A.35, if the
account balance in the Minnesota manufactured home relocation trust fund is insufficient
to pay the amounts claimed under Minnesota Statutes, section 327C.095, subdivision 13.
new text end

new text begin (b) The Housing Finance Agency or Department of Management and Budget shall be
reimbursed from the Minnesota manufactured home relocation trust fund for any money
advanced by the agency under paragraph (a) to the fund. Approved claims for payment to
manufactured home owners shall be paid prior to the money being advanced by the agency
or the department to the fund.
new text end

Sec. 37. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 325F.75, new text end new text begin is repealed.
new text end

ARTICLE 9

COMMERCE POLICY

Section 1.

new text begin [16C.57] CONTRACTS FOR INTERNET SERVICE; ADHERENCE TO
NET NEUTRALITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Broadband Internet access service" means:
new text end

new text begin (1) a mass-market retail service by wire or radio that provides the capability, including
any capability that is incidental to and enables the operation of the communications service,
to transmit data to and receive data from all or substantially all Internet endpoints;
new text end

new text begin (2) any service that provides a functional equivalent of the service described in clause
(1); or
new text end

new text begin (3) any service that is used to evade the protections set forth in this section.
new text end

new text begin "Broadband Internet access service" includes service that serves end users at fixed endpoints
using stationary equipment or end users using mobile stations but does not include dial-up
Internet access service.
new text end

new text begin (c) "Edge provider" means any person or entity that provides (1) any content, application,
or service over the Internet, or (2) a device used to access any content, application, or service
over the Internet. Edge provider does not include a person or entity providing obscene
material, as defined by section 617.241.
new text end

new text begin (d) "Internet service provider" means a business that provides broadband Internet access
service to a customer in Minnesota.
new text end

new text begin (e) "Paid prioritization" means the management of an Internet service provider's network
to directly or indirectly favor some traffic over other traffic (1) in exchange for monetary
or other consideration from a third party, or (2) to benefit an affiliated entity.
new text end

new text begin Subd. 2. new text end

new text begin Purchasing or funding broadband Internet access services; prohibitions. new text end

new text begin A
state agency or political subdivision is prohibited from entering into a contract or providing
funding to purchase broadband Internet access service after August 1, 2019, that does not
contain:
new text end

new text begin (1) a binding agreement in which the Internet service provider certifies to the
commissioner of commerce that the Internet service provider does not engage in any of the
following activities with respect to any of its Minnesota customers:
new text end

new text begin (i) block lawful content, applications, services, or nonharmful devices, subject to
reasonable network management;
new text end

new text begin (ii) impair, impede, or degrade lawful Internet traffic on the basis of Internet content,
application, or service, or use of a nonharmful device, subject to reasonable network
management;
new text end

new text begin (iii) engage in paid prioritization;
new text end

new text begin (iv) unreasonably interfere with or unreasonably disadvantage:
new text end

new text begin (A) a customer's ability to select, access, and use broadband Internet service or lawful
Internet content, applications, services, or devices of the customer's choice; or
new text end

new text begin (B) an edge provider's ability to provide lawful Internet content, applications, services,
or devices to a customer, except that an Internet service provider may block content if the
edge provider charges or intends to charge a fee to the Internet service provider for the
content; or
new text end

new text begin (v) engage in deceptive or misleading marketing practices that misrepresent the treatment
of Internet traffic or content; and
new text end

new text begin (2) provisions requiring the state agency or political subdivision, upon determining the
Internet service provider has violated the binding agreement under clause (1), to unilaterally
terminate the contract for broadband Internet access service and require the Internet service
provider to remunerate the state agency or political subdivision for all revenues earned
under the contract during the period when the violation occurred.
new text end

new text begin Subd. 3. new text end

new text begin Other laws. new text end

new text begin Nothing in this section (1) supersedes any obligation or
authorization an Internet service provider may have consistent with or as permitted by
applicable law to address the needs of emergency communications or law enforcement,
public safety, or national security authorities, or (2) limits the provider's ability to meet the
needs under clause (1).
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin This section does not apply to a state agency or political subdivision
that purchases or funds fixed broadband Internet access services in a geographic location
where broadband Internet access services are only available from a single Internet service
provider or who is a recipient of grant funding under section 116J.395.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin A violation of the certification provided under subdivision 2
must be enforced by the commissioner of commerce. An Internet service provider who
materially or repeatedly violates this section is subject to a fine of not more than $1,000 for
each violation. A fine authorized by this section may be imposed by the commissioner,
through a civil action brought by the commissioner under section 45.027, or by the attorney
general under section 8.31 on behalf of the state of Minnesota. Fines collected under this
subdivision must be deposited into the state treasury.
new text end

Sec. 2.

Minnesota Statutes 2018, section 47.59, subdivision 2, is amended to read:


Subd. 2.

Application.

Extensions of credit or purchases of extensions of credit by
financial institutions under sections 47.20, 47.21, 47.201, 47.204, 47.58, deleted text begin47.60,deleted text end 48.153,
48.185, 48.195, 59A.01 to 59A.15, 334.01, 334.011, 334.012, 334.022, 334.06, and 334.061
to 334.19 may, but need not, be made according to those sections in lieu of the authority
set forth in this section to the extent those sections authorize the financial institution to make
extensions of credit or purchase extensions of credit under those sections. If a financial
institution elects to make an extension of credit or to purchase an extension of credit under
those other sections, the extension of credit or the purchase of an extension of credit is
subject to those sections and not this section, except this subdivision, and except as expressly
provided in those sections. A financial institution may also charge an organization a rate of
interest and any charges agreed to by the organization and may calculate and collect finance
and other charges in any manner agreed to by that organization. Except for extensions of
credit a financial institution elects to make under section 334.01, 334.011, 334.012, 334.022,
334.06, or 334.061 to 334.19, chapter 334 does not apply to extensions of credit made
according to this section or the sections listed in this subdivision. This subdivision does not
authorize a financial institution to extend credit or purchase an extension of credit under
any of the sections listed in this subdivision if the financial institution is not authorized to
do so under those sections. A financial institution extending credit under any of the sections
listed in this subdivision shall specify in the promissory note, contract, or other loan document
the section under which the extension of credit is made.

Sec. 3.

Minnesota Statutes 2018, section 47.60, subdivision 2, is amended to read:


Subd. 2.

Authorization, terms, conditions, and prohibitions.

(a) deleted text beginIn lieu of the interest,
finance charges, or fees in any other law,
deleted text end A consumer small loan lender may charge deleted text beginthe
following:
deleted text endnew text begin interest, finance charges, and fees which, when combined, cannot exceed an
annual percentage rate, as defined in section 47.59, subdivision 1, paragraph (b), of 36
percent.
new text end

deleted text begin (1) on any amount up to and including $50, a charge of $5.50 may be added;
deleted text end

deleted text begin (2) on amounts in excess of $50, but not more than $100, a charge may be added equal
to ten percent of the loan proceeds plus a $5 administrative fee;
deleted text end

deleted text begin (3) on amounts in excess of $100, but not more than $250, a charge may be added equal
to seven percent of the loan proceeds with a minimum of $10 plus a $5 administrative fee;
deleted text end

deleted text begin (4) for amounts in excess of $250 and not greater than the maximum in subdivision 1,
paragraph (a), a charge may be added equal to six percent of the loan proceeds with a
minimum of $17.50 plus a $5 administrative fee.
deleted text end

(b) The term of a loan made under this section shall be for no more than 30 calendar
days.

(c) After maturity, the contract rate must not exceed 2.75 percent per month of the
remaining loan proceeds after the maturity date calculated at a rate of 1/30 of the monthly
rate in the contract for each calendar day the balance is outstanding.

(d) No insurance charges or other charges must be permitted to be charged, collected,
or imposed on a consumer small loan except as authorized in this section.

(e) On a loan transaction in which cash is advanced in exchange for a personal check,
a return check charge may be charged as authorized by section 604.113, subdivision 2,
paragraph (a). The civil penalty provisions of section 604.113, subdivision 2, paragraph
(b), may not be demanded or assessed against the borrower.

(f) A loan made under this section must not be repaid by the proceeds of another loan
made under this section by the same lender or related interest. The proceeds from a loan
made under this section must not be applied to another loan from the same lender or related
interest. No loan to a single borrower made pursuant to this section shall be split or divided
and no single borrower shall have outstanding more than one loan with the result of collecting
a higher charge than permitted by this section or in an aggregate amount of principal exceed
at any one time the maximum of $350.

Sec. 4.

Minnesota Statutes 2018, section 47.601, subdivision 2, is amended to read:


Subd. 2.

Consumer short-term loan contract.

(a) No contract or agreement between
a consumer short-term loan lender and a borrower residing in Minnesota may contain the
following:

(1) a provision selecting a law other than Minnesota law under which the contract is
construed or enforced;

(2) a provision choosing a forum for dispute resolution other than the state of Minnesota;
or

(3) a provision limiting class actions against a consumer short-term lender for violations
of subdivision 3 or for making consumer short-term loans:

(i) without a required license issued by the commissioner; or

(ii) in which interest rates, fees, charges, or loan amounts exceed those allowable under
section deleted text begin47.59, subdivision 6, ordeleted text end 47.60, subdivision 2deleted text begin, other than by de minimis amounts if
no pattern or practice exists
deleted text end.

(b) Any provision prohibited by paragraph (a) is void and unenforceable.

(c) A consumer short-term loan lender must furnish a copy of the written loan contract
to each borrower. The contract and disclosures must be written in the language in which
the loan was negotiated with the borrower and must contain:

(1) the name; address, which may not be a post office box; and telephone number of the
lender making the consumer short-term loan;

(2) the name and title of the individual employee or representative who signs the contract
on behalf of the lender;

(3) an itemization of the fees and interest charges to be paid by the borrower;

(4) in bold, 24-point type, the annual percentage rate as computed under United States
Code, chapter 15, section 1606; and

(5) a description of the borrower's payment obligations under the loan.

(d) The holder or assignee of a check or other instrument evidencing an obligation of a
borrower in connection with a consumer short-term loan takes the instrument subject to all
claims by and defenses of the borrower against the consumer short-term lender.

Sec. 5.

Minnesota Statutes 2018, section 47.601, subdivision 6, is amended to read:


Subd. 6.

Penalties for violation; private right of action.

(a) Except for a "bona fide
error" as set forth under United States Code, chapter 15, section 1640, subsection (c), an
individual or entity who violates subdivision 2 or 3 is liable to the borrower for:

(1) all money collected or received in connection with the loan;

(2) actual, incidental, and consequential damages;

(3) statutory damages of up to $1,000 per violation;

(4) costs, disbursements, and reasonable attorney fees; and

(5) injunctive relief.

(b) In addition to the remedies provided in paragraph (a), a loan is void, and the borrower
is not obligated to pay any amounts owing if the loan is made:

(1) by a consumer short-term lender who has not obtained an applicable license from
the commissioner;

(2) in violation of any provision of subdivision 2 or 3; or

(3) in which interest, fees, charges, or loan amounts exceed the interest, fees, charges,
or loan amounts allowable under deleted text beginsections 47.59, subdivision 6, anddeleted text endnew text begin sectionnew text end 47.60, subdivision
2
.

Sec. 6.

Minnesota Statutes 2018, section 53.04, subdivision 3a, is amended to read:


Subd. 3a.

Loans.

(a) The right to make loans, secured or unsecured, at the rates and on
the terms and other conditions permitted under chapters 47 and 334. Loans made under this
authority must be in amounts in compliance with section 53.05, clause (7). A licensee making
a loan under this chapter secured by a lien on real estate shall comply with the requirements
of section 47.20, subdivision 8.new text begin A licensee making a loan that is a consumer small loan, as
defined in section 47.60, subdivision 1, paragraph (a), must comply with section 47.60. A
licensee making a loan that is a consumer short-term loan, as defined in section 47.601,
subdivision 1, paragraph (d), must comply with section 47.601.
new text end

(b) Loans made under this subdivision may be secured by real or personal property, or
both. If the proceeds of a loan secured by a first lien on the borrower's primary residence
are used to finance the purchase of the borrower's primary residence, the loan must comply
with the provisions of section 47.20.

(c) An agency or instrumentality of the United States government or a corporation
otherwise created by an act of the United States Congress or a lender approved or certified
by the secretary of housing and urban development, or approved or certified by the
administrator of veterans affairs, or approved or certified by the administrator of the Farmers
Home Administration, or approved or certified by the Federal Home Loan Mortgage
Corporation, or approved or certified by the Federal National Mortgage Association, that
engages in the business of purchasing or taking assignments of mortgage loans and undertakes
direct collection of payments from or enforcement of rights against borrowers arising from
mortgage loans, is not required to obtain a certificate of authorization under this chapter in
order to purchase or take assignments of mortgage loans from persons holding a certificate
of authorization under this chapter.

(d) This subdivision does not authorize an industrial loan and thrift company to make
loans under an overdraft checking plan.

Sec. 7.

Minnesota Statutes 2018, section 56.131, subdivision 1, is amended to read:


Subdivision 1.

Interest rates and charges.

(a) On any loan in a principal amount not
exceeding $100,000 or 15 percent of a Minnesota corporate licensee's capital stock and
surplus as defined in section 53.015, if greater, a licensee may contract for and receive
interest, finance charges, and other charges as provided in section 47.59.

new text begin (b) Notwithstanding paragraph (a), a licensee making a loan that is a consumer small
loan, as defined in section 47.60, subdivision 1, paragraph (a), must comply with section
47.60. A licensee making a loan that is a consumer short-term loan, as defined in section
47.601, subdivision 1, paragraph (d), must comply with section 47.601.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end With respect to a loan secured by an interest in real estate, and having a maturity
of more than 60 months, the original schedule of installment payments must fully amortize
the principal and interest on the loan. The original schedule of installment payments for any
other loan secured by an interest in real estate must provide for payment amounts that are
sufficient to pay all interest scheduled to be due on the loan.

deleted text begin (c)deleted text endnew text begin (d)new text end A licensee may contract for and collect a delinquency charge as provided for in
section 47.59, subdivision 6, paragraph (a), clause (4).

deleted text begin (d)deleted text endnew text begin (e)new text end A licensee may grant extensions, deferments, or conversions to interest-bearing
as provided in section 47.59, subdivision 5.

Sec. 8.

new text begin [58B.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter, the following terms have the
meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Borrower. new text end

new text begin "Borrower" means a resident of this state who has received or agreed
to pay a student loan, or a person who shares responsibility with a resident for repaying a
student loan.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of commerce.
new text end

new text begin Subd. 4. new text end

new text begin Financial institution. new text end

new text begin "Financial institution" means any of the following
organized under the laws of this state, any other state, or the United States: a bank, bank
and trust, trust company with banking powers, savings bank, savings association, or credit
union.
new text end

new text begin Subd. 5. new text end

new text begin Person in control. new text end

new text begin "Person in control" means any member of senior
management, including owners or officers, and other persons who directly or indirectly
possess the power to direct or cause the direction of the management policies of an applicant
or student loan servicer under this chapter, regardless of whether the person has any
ownership interest in the applicant or student loan servicer. Control is presumed to exist if
a person directly or indirectly owns, controls, or holds with power to vote ten percent or
more of the voting stock of an applicant or student loan servicer or of a person who owns,
controls, or holds with power to vote ten percent or more of the voting stock of an applicant
or student loan servicer.
new text end

new text begin Subd. 6. new text end

new text begin Servicing. new text end

new text begin "Servicing" means:
new text end

new text begin (1) receiving any scheduled periodic payments from a borrower or notification of
payments, and applying payments to the borrower's account pursuant to the terms of the
student loan or of the contract governing servicing of a student loan;
new text end

new text begin (2) during a period when no payment is required on a student loan, maintaining account
records for the loan and communicating with the borrower regarding the loan on behalf of
the loan's holder; and
new text end

new text begin (3) interacting with a borrower, including activities to help prevent default on obligations
arising from student loans, to facilitate the requirements in clauses (1) and (2).
new text end

new text begin Subd. 7. new text end

new text begin Student loan. new text end

new text begin "Student loan" means a government, commercial, or foundation
loan for actual costs paid for tuition and reasonable education and living expenses.
new text end

new text begin Subd. 8. new text end

new text begin Student loan servicer. new text end

new text begin "Student loan servicer" means any person, wherever
located, responsible for servicing any student loan to any borrower. Student loan servicer
includes a nonbank covered person, as defined in Code of Federal Regulations, title 12,
section 1090.101, who is responsible for servicing any student loan to any borrower.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 9.

new text begin [58B.02] STUDENT LOAN ADVOCATE.
new text end

new text begin Subdivision 1. new text end

new text begin Designation of a student loan advocate. new text end

new text begin The commissioner must
designate a student loan advocate within the Department of Commerce to provide timely
assistance to any borrower.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The student loan advocate must:
new text end

new text begin (1) receive, review, and attempt to resolve complaints from borrowers, including but
not limited to attempts to resolve such complaints in collaboration with institutions of higher
education, student loan servicers, and any other participants in student loan lending;
new text end

new text begin (2) compile and analyze data on borrower complaints received under clause (1);
new text end

new text begin (3) help borrowers understand the rights and responsibilities under the terms of student
loans;
new text end

new text begin (4) provide information to the public, state agencies, legislators, and relevant stakeholders
regarding the problems and concerns of borrowers;
new text end

new text begin (5) make recommendations for resolving the problems of borrowers;
new text end

new text begin (6) analyze and monitor the development and implementation of federal, state, and local
laws, regulations, and policies relating to borrowers and recommend any changes deemed
necessary;
new text end

new text begin (7) review the complete student loan history for any borrower who has provided written
consent for a review;
new text end

new text begin (8) increase public awareness that the advocate is available to help resolve the student
loan servicing concerns of potential and actual borrowers, institutions of higher education,
student loan servicers, and any other participant in student lending; and
new text end

new text begin (9) take other actions, as necessary, to fulfill the duties of the advocate set forth in this
section.
new text end

new text begin Subd. 3. new text end

new text begin Student loan education course. new text end

new text begin The advocate must establish and maintain a
borrower education course. The course must include educational presentations and materials
regarding important topics in student loans, including but not limited to:
new text end

new text begin (1) the meaning of important terminology used in student lending;
new text end

new text begin (2) documentation requirements;
new text end

new text begin (3) monthly payment obligations;
new text end

new text begin (4) income-based repayment options;
new text end

new text begin (5) the availability of state and federal loan forgiveness programs; and
new text end

new text begin (6) disclosure requirements.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin By January 15 of each odd-numbered year, the advocate must report
to the legislative committees with jurisdiction over commerce and higher education. The
report must describe the advocate's implementation of this section, the outcomes achieved
by the advocate in the previous two years, and recommendations to improve the regulation
of student loan servicers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 10.

new text begin [58B.03] LICENSING OF STUDENT LOAN SERVICERS.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin A person is prohibited from directly or indirectly
acting as a student loan servicer without first obtaining a license from the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Exempt persons. new text end

new text begin The following persons are exempt from the requirements of
this chapter:
new text end

new text begin (1) a financial institution;
new text end

new text begin (2) a person servicing student loans made with the person's own funds, if no more than
three student loans are made in any 12-month period;
new text end

new text begin (3) an agency, instrumentality, or political subdivision of this state that makes, services,
or guarantees student loans;
new text end

new text begin (4) a person acting in a fiduciary capacity, including a trustee or receiver, as a result of
a specific order issued by a court of competent jurisdiction; or
new text end

new text begin (5) a person exempted by order of the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Application for licensure. new text end

new text begin (a) Any person seeking to act as a student loan
servicer in Minnesota must apply for a license in a form and manner specified by the
commissioner. At a minimum, the application must include:
new text end

new text begin (1) a financial statement prepared by a certified public accountant or a public accountant;
new text end

new text begin (2) the history of criminal convictions, excluding traffic violations, for persons in control
of the applicant;
new text end

new text begin (3) any information requested by the commissioner related to the history of criminal
convictions disclosed under clause (2);
new text end

new text begin (4) a nonrefundable license fee established by the commissioner; and
new text end

new text begin (5) a nonrefundable investigation fee established by the commissioner.
new text end

new text begin (b) The commissioner may conduct a state and national criminal history records check
of the applicant and of each person in control of or employed by the applicant.
new text end

new text begin Subd. 4. new text end

new text begin Issuance of a license. new text end

new text begin Upon receipt of a complete application for an initial
license and the payment of fees for a license and investigation, the commissioner must
investigate the financial condition and responsibility, character, financial and business
experience, and general fitness of the applicant. The commissioner may issue a license if
the commissioner finds:
new text end

new text begin (1) the applicant's financial condition is sound;
new text end

new text begin (2) the applicant's business is conducted honestly, fairly, equitably, carefully, and
efficiently within the purposes and intent of this section;
new text end

new text begin (3) each person in control of the applicant is in all respects properly qualified and of
good character;
new text end

new text begin (4) no person has, on behalf of the applicant, knowingly made any incorrect statement
of a material fact in the application, or in any report or statement made pursuant to this
section;
new text end

new text begin (5) no person has, on behalf of the applicant, knowingly omitted from an application,
report, or statement made pursuant to this section any information required by the
commissioner;
new text end

new text begin (6) the applicant has paid the fees required under this section; and
new text end

new text begin (7) the application has met other similar requirements, as determined by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Notification of a change in status. new text end

new text begin An applicant or student loan servicer must
notify the commissioner in writing of any change in the information provided in the initial
license application or the most recent renewal application for a license. The notification
must be received no later than ten business days after the date an event that results in the
information becoming inaccurate occurs.
new text end

new text begin Subd. 6. new text end

new text begin Term of license. new text end

new text begin Licenses issued under this chapter expire on December 31
and are renewable on January 1.
new text end

new text begin Subd. 7. new text end

new text begin Certificate of exemption. new text end

new text begin (a) A person is exempt from the application
procedures under subdivision 3 if the commissioner determines the person is servicing
student loans in Minnesota pursuant to a contract awarded by the United States Secretary
of Education under United States Code, title 20, section 1087f. Documentation of eligibility
for this exemption must be in a form and manner determined by the commissioner.
new text end

new text begin (b) Upon payment of the fees under subdivision 3, a person determined eligible for the
exemption under paragraph (a) must be issued a certificate of exemption and deemed to
meet all the requirements of subdivision 4.
new text end

new text begin Subd. 8. new text end

new text begin Notice. new text end

new text begin (a) A person issued a license under subdivision 7 must provide the
commissioner with written notice no less than seven days after the date the person's contract
under United States Code, title 20, section 1087f, expires, is revoked, or is terminated.
new text end

new text begin (b) A person issued a license under subdivision 7 has 30 days from the date the
notification under paragraph (a) is provided to complete the requirements of subdivision 3.
If a person does not meet the requirements of subdivision 3 within this time period, the
commissioner must immediately suspend the person's license under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 11.

new text begin [58B.04] LICENSING MULTIPLE PLACES OF BUSINESS.
new text end

new text begin (a) A person issued a certificate of exemption or licensed to act as a student loan servicer
in Minnesota is prohibited from doing so under any other name or at any other place of
business than that named in the certificate or license. Any time a student loan servicer
changes the location of the servicer's place of business, the servicer must provide prior
written notice to the commissioner. A student loan servicer must not maintain more than
one place of business under the same certificate or license. The commissioner may issue
more than one license to the same student loan servicer, provided that the servicer complies
with the application procedures in section 58B.03 for each certificate or license.
new text end

new text begin (b) A certificate or license issued under this chapter is not transferable or assignable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 12.

new text begin [58B.05] LICENSE RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Term. new text end

new text begin Licenses are renewable on January 1 of each year.
new text end

new text begin Subd. 2. new text end

new text begin Timely renewal. new text end

new text begin (a) A person whose application is properly and timely filed
who has not received notice of denial of renewal is considered approved for renewal. The
person may continue to act as a student loan servicer whether or not the renewed license
has been received on or before January 1 of the renewal year. An application to renew a
license is considered timely filed if received by the commissioner, or mailed with proper
postage and postmarked, by the December 15 before the renewal year. An application to
renew a license is considered properly filed if made upon forms duly executed, accompanied
by fees prescribed by this chapter, and containing any information that the commissioner
requires.
new text end

new text begin (b) A person who fails to make a timely application to renew a license and who has not
received the renewal license as of January 1 of the renewal year is unlicensed until the
renewal license has been issued by the commissioner and is received by the person.
new text end

new text begin Subd. 3. new text end

new text begin Contents of renewal application. new text end

new text begin An application to renew an existing license
must contain the information specified in section 58B.03, subdivision 3, except that only
the requested information having changed from the most recent prior application need be
submitted.
new text end

new text begin Subd. 4. new text end

new text begin Cancellation. new text end

new text begin A student loan servicer that ceases an activity or activities
regulated by this chapter and desires to no longer be licensed must inform the commissioner
in writing and, at the same time, surrender the license and all other symbols or indicia of
licensure. The licensee must include a plan to withdraw from student loan servicing, including
a timetable for the disposition of the student loans being serviced.
new text end

new text begin Subd. 5. new text end

new text begin Renewal fees. new text end

new text begin The following fees must be paid to the commissioner for a
renewal license:
new text end

new text begin (1) a nonrefundable renewal license fee established by the commissioner; and
new text end

new text begin (2) a nonrefundable renewal investigation fee established by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 13.

new text begin [58B.06] DUTIES OF STUDENT LOAN SERVICERS.
new text end

new text begin Subdivision 1. new text end

new text begin Response requirements. new text end

new text begin Upon receiving a written communication from
a borrower, a student loan servicer must:
new text end

new text begin (1) acknowledge receipt of the communication in less than ten days from the date the
written communication was received; and
new text end

new text begin (2) provide information relating to the communication and, if applicable, the action the
student loan servicer will take to either (i) correct the borrower's issue, or (ii) explain why
the issue cannot be corrected. This information must be provided less than 30 days from
the date the written communication was received by the student loan servicer.
new text end

new text begin Subd. 2. new text end

new text begin Overpayments. new text end

new text begin A student loan servicer must ask a borrower in what manner
the borrower would like any overpayment on a student loan that exceeds the monthly amount
due to be applied to a student loan. A borrower's instruction regarding the application of
overpayments is effective for the term of the loan or until the borrower provides a different
instruction.
new text end

new text begin Subd. 3. new text end

new text begin Partial payments. new text end

new text begin A student loan servicer must apply a partial payment that
is less than the amount due on a student loan in a manner that minimizes late fees and the
negative impact on the borrower's credit history. If a borrower has multiple student loans
with the same student loan servicer, upon receipt of a partial payment the servicer must
apply the payments to satisfy as many individual loan payments as possible.
new text end

new text begin Subd. 4. new text end

new text begin Transfer of student loan. new text end

new text begin (a) If a borrower's student loan servicer changes
pursuant to the sale, assignment, or transfer of the servicing, the original student loan servicer
must:
new text end

new text begin (1) require the new student loan servicer to honor all benefits that were made available,
or which may have become available, to a borrower from the original student loan servicer;
and
new text end

new text begin (2) transfer to the new student loan servicer all information regarding the borrower, the
account of the borrower, and the borrower's student loan, including but not limited to the
repayment status of the student loan and the benefits described in clause (1).
new text end

new text begin (b) The student loan servicer must complete the transfer under clause (2) less than 45
days from the date the of the sale, assignment, or transfer of the servicing.
new text end

new text begin (c) A sale, assignment, or transfer of the servicing must be completed no less than seven
days from the date the next payment is due on the student loan.
new text end

new text begin (d) A new student loan servicer must adopt policies and procedures to verify that the
original student loan servicer has met the requirements of paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Income-driven repayment. new text end

new text begin A student loan servicer must evaluate a borrower's
eligibility for an income-driven repayment program before placing a borrower in forbearance
or default.
new text end

new text begin Subd. 6. new text end

new text begin Records. new text end

new text begin A student loan servicer must maintain adequate records of each student
loan for at least two years following the final payment on the student loan, or the sale,
assignment, or transfer of the servicing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to student loan
contracts executed on or after that date.
new text end

Sec. 14.

new text begin [58B.07] PROHIBITED CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Misleading borrowers. new text end

new text begin A student loan servicer must not directly or
indirectly attempt to mislead a borrower.
new text end

new text begin Subd. 2. new text end

new text begin Misrepresentation. new text end

new text begin A student loan servicer must not (1) engage in any unfair
or deceptive practice, or (2) misrepresent or omit any material information in connection
with the servicing of a student loan, including but not limited to misrepresenting the amount,
nature, or terms of any fee or payment due or claimed to be due on a student loan, the terms
and conditions of the loan agreement, or the borrower's obligations under the loan.
new text end

new text begin Subd. 3. new text end

new text begin Misapplication of payments. new text end

new text begin A student loan servicer must not knowingly or
negligently misapply student loan payments.
new text end

new text begin Subd. 4. new text end

new text begin Inaccurate information. new text end

new text begin A student loan servicer must not knowingly or
negligently provide inaccurate information to any consumer reporting agency.
new text end

new text begin Subd. 5. new text end

new text begin Reporting of payment history. new text end

new text begin A student loan servicer must report both the
favorable and unfavorable payment history of the borrower to a consumer reporting agency
at least annually, if the student loan servicer regularly reports the information.
new text end

new text begin Subd. 6. new text end

new text begin Refusal to communicate with a borrower's representative. new text end

new text begin A student loan
servicer must not refuse to communicate with a representative of the borrower who provides
a written authorization signed by the borrower. The student loan servicer may adopt
procedures reasonably related to verifying that the representative is in fact authorized to act
on behalf of the borrower.
new text end

new text begin Subd. 7. new text end

new text begin False statements and omissions. new text end

new text begin A student loan servicer must not knowingly
or negligently make any false statement or omission of material fact in connection with any
application, information, or reports filed with the commissioner or any other federal, state,
or local government agency.
new text end

new text begin Subd. 8. new text end

new text begin Noncompliance with applicable laws. new text end

new text begin A student loan servicer must not violate
any other federal, state, or local laws, including those related to fraudulent, coercive, or
dishonest practices.
new text end

new text begin Subd. 9. new text end

new text begin Failure to respond to advocate. new text end

new text begin (a) A student loan servicer must respond in
less than 15 days from the date the student loan servicer receives a communication from
the student loan advocate. This response period may be reasonably shortened by the advocate
in their communication.
new text end

new text begin (b) A student loan servicer must provide a response in less than 15 days from the date
the student loan servicer receives a consumer complaint submitted to the servicer by the
student loan advocate. A student loan servicer may request from the advocate an extension
of up to 45 days from receipt of the consumer complaint, if the request is accompanied by
an explanation of why additional time is reasonable and necessary.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 15.

new text begin [58B.08] EXAMINATIONS.
new text end

new text begin For the purposes of this chapter, the commissioner has the same powers with respect to
examinations of student loan servicers that the commissioner has under section 46.04.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 16.

new text begin [58B.09] DENIAL, SUSPENSION, REVOCATION OF CERTIFICATES
OF EXEMPTION AND LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Powers of commissioner. new text end

new text begin (a) The commissioner may by order take any
or all of the following actions:
new text end

new text begin (1) bar a person from engaging in student loan servicing;
new text end

new text begin (2) deny, suspend, or revoke a certificate of exemption or student loan servicer license;
new text end

new text begin (3) censure a student loan servicer;
new text end

new text begin (4) impose a civil penalty as provided in section 45.027, subdivision 6; or
new text end

new text begin (5) revoke a certificate of exemption.
new text end

new text begin (b) In order to take the action in paragraph (a), the commissioner must find:
new text end

new text begin (1) the order is in the public interest; and
new text end

new text begin (2) the student loan servicer, applicant, person in control, employee, or agent has:
new text end

new text begin (i) violated any provision of this chapter, or any rule or order under this chapter;
new text end

new text begin (ii) violated any applicable provision of federal law or regulation related to student loan
servicing, including but not limited to the federal Truth in Lending Act, United States Code,
title 15, sections 1601 to 1667(f);
new text end

new text begin (iii) violated a standard of conduct or engaged in a fraudulent, coercive, deceptive, or
dishonest act or practice, including but not limited to negligently making a false statement
or knowingly omitting a material fact, whether or not the act or practice involves student
loan servicing;
new text end

new text begin (iv) engaged in an act or practice that demonstrates untrustworthiness, financial
irresponsibility, or incompetence, whether or not the act or practice involves student loan
servicing;
new text end

new text begin (v) pled guilty or nolo contendere to or been convicted of a felony, gross misdemeanor,
or misdemeanor;
new text end

new text begin (vi) paid a civil penalty or been the subject of disciplinary action by the commissioner,
an order of suspension or revocation, cease and desist order, injunction order, or order
barring involvement in an industry or profession issued by the commissioner or any other
federal, state, or local government agency;
new text end

new text begin (vii) been found by a court of competent jurisdiction to have engaged in conduct
evidencing gross negligence, fraud, misrepresentation, or deceit;
new text end

new text begin (viii) refused to cooperate with an investigation or examination by the commissioner;
new text end

new text begin (ix) failed to pay any fee or assessment imposed by the commissioner; or
new text end

new text begin (x) failed to comply with state and federal tax obligations.
new text end

new text begin Subd. 2. new text end

new text begin Orders of the commissioner. new text end

new text begin To begin a proceeding under this section, the
commissioner must issue an order requiring the subject of the proceeding to show cause
why action should not be taken against the person under this section. The order must be
calculated to give reasonable notice of the time and place for the hearing and must state the
reasons for entry of the order. The commissioner may by order summarily suspend a license
or certificate of exemption, or summarily bar a person from engaging in student loan
servicing, pending a final determination of an order to show cause. If a license or certificate
of exemption is summarily suspended or if the person is summarily barred from any
involvement in the servicing of student loans, pending final determination of an order to
show cause, a hearing on the merits must be held within 30 days of the issuance of the order
of summary suspension or bar. All hearings must be conducted under chapter 14. After the
hearing, the commissioner must enter an order disposing of the matter as the facts require.
If the subject of the order fails to appear at a hearing after having been duly notified, the
person is considered in default and the proceeding may be determined against the subject
of the order upon consideration of the order to show cause, the allegations of which may
be considered to be true.
new text end

new text begin Subd. 3. new text end

new text begin Actions against lapsed license. new text end

new text begin If a license or certificate of exemption lapses,
or is surrendered, withdrawn, terminated, or otherwise becomes ineffective, the commissioner
may institute a proceeding under this subdivision within two years after the license or
certificate of exemption was last effective and enter a revocation or suspension order as of
the last date the license or certificate of exemption was in effect, and may impose a civil
penalty as provided under this section or section 45.027, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 17.

new text begin [325F.6945] INTERNET SERVICE PROVIDERS; PROHIBITED ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in section 16C.57 apply to this section.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited actions. new text end

new text begin An Internet service provider is prohibited from engaging
in any of the following activities with respect to any of its Minnesota customers:
new text end

new text begin (1) block lawful content, applications, services, or nonharmful devices, subject to
reasonable network management;
new text end

new text begin (2) impair, impede, or degrade lawful Internet traffic on the basis of Internet content,
application, or service, or use of a nonharmful device, subject to reasonable network
management;
new text end

new text begin (3) engage in paid prioritization;
new text end

new text begin (4) unreasonably interfere with or unreasonably disadvantage:
new text end

new text begin (i) a customer's ability to select, access, and use broadband Internet service or lawful
Internet content, applications, services, or devices of the customer's choice; or
new text end

new text begin (ii) an edge provider's ability to provide lawful Internet content, applications, services,
or devices to a customer; or
new text end

new text begin (5) engage in deceptive or misleading marketing practices that misrepresent the treatment
of Internet traffic or content.
new text end

new text begin Subd. 3. new text end

new text begin Certification required. new text end

new text begin Prior to offering service to a customer in Minnesota,
or prior to August 1, 2019, for Internet service providers already offering services to
customers in Minnesota, an Internet service provider must file a document with the
commissioner of commerce certifying that it does not engage in any of the activities
prohibited under subdivision 2. The filing required by this subdivision must be provided
prior to offering services for the first time in Minnesota, at any time after a company or
entity has changed ownership or merged with another entity, or prior to offering services
in Minnesota after the company has suspended service for more than 30 days. An Internet
service provider is not otherwise required to make filings on an annual basis.
new text end

new text begin Subd. 4. new text end

new text begin Other laws. new text end

new text begin Nothing in this section (1) supersedes any obligation or
authorization an Internet service provider may have consistent with or as permitted by
applicable law to address the needs of emergency communications or law enforcement,
public safety, or national security authorities, or (2) limits the provider's ability to meet the
needs under clause (1).
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin (a) A violation of subdivision 2 may be enforced by the
commissioner of commerce under section 45.027 and by the attorney general under section
8.31. The venue for enforcement proceedings is Ramsey County.
new text end

new text begin (b) A violation of the certification provided under subdivision 3 must be enforced under
section 609.48. The venue for enforcement proceedings is Ramsey County.
new text end

ARTICLE 10

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; POLICY

Section 1.

Minnesota Statutes 2018, section 268.035, subdivision 12, is amended to read:


Subd. 12.

Covered employment.

(a) "Covered employment" means deleted text beginthe following unless
excluded as "noncovered employment" under subdivision 20:
deleted text end

deleted text begin (1)deleted text end an employee's entire employment during the calendar quarter if:

deleted text begin (i)deleted text endnew text begin (1) 50 percent or more ofnew text end the employment during the quarter is performed deleted text beginprimarilydeleted text end
in Minnesota;

deleted text begin (ii)deleted text endnew text begin (2) 50 percent or more ofnew text end the employment during the quarter is not performed
deleted text begin primarilydeleted text end in Minnesota or any other statenew text begin, or Canada,new text end but some of the employment is
performed in Minnesota and the deleted text beginbase of operations or the place from which the employment
is directed or controlled is in Minnesota; or
deleted text end

deleted text begin (iii) the employment during the quarter is not performed primarily in Minnesota or any
other state and the base of operations or place from which the employment is directed or
controlled is not in any state where part of the employment is performed, but the
deleted text end employee's
residence is in Minnesotanew text begin during 50 percent or more of the calendar quarternew text end;

deleted text begin (2) an employee's entire employment during the calendar quarter performed within the
United States or Canada, if:
deleted text end

deleted text begin (i) the employment is not covered employment under the unemployment insurance
program of any other state, federal law, or the law of Canada; and
deleted text end

deleted text begin (ii) the place from which the employment is directed or controlled is in Minnesota;
deleted text end

(3) the employment during the deleted text begincalendardeleted text end quarterdeleted text begin,deleted text endnew text begin isnew text end performed deleted text beginentirelydeleted text end outside the United
States and Canada, by an employee who is a United States citizen in the employ of an
American employernew text begin,new text end if the employer's principal place of business in the United States is
located in Minnesota.new text begin For the purposes of this clause,new text end an "American employerdeleted text begin,deleted text end"deleted text begin for the
purposes of this clause, means a corporation organized under the laws of any state, an
individual who is a resident of the United States, or a partnership if two-thirds or more of
the partners are residents of the United States, or a trust, if all of the trustees are residents
of the United States
deleted text endnew text begin is defined under the Federal Unemployment Tax Act, United States
Code title 26, chapter 23, section 3306, subsection (j)(3)
new text end; deleted text beginanddeleted text end new text beginor
new text end

(4) deleted text beginalldeleted text endnew text begin thenew text end employment during the deleted text begincalendardeleted text end quarternew text begin isnew text end performed by an officer or member
of the crew of an American vessel deleted text beginon or in connection with the vessel, if thedeleted text end operatingnew text begin on
navigable waters within, or within and without, the United States, and the
new text end office from which
the operations of the vessel deleted text beginoperating on navigable waters within, or within and without,
the United States are ordinarily and regularly supervised, managed, directed,
deleted text end and controlled
is in Minnesota.

(b) "Covered employment" includes covered agricultural employment under subdivision
11.

(c) For the purposes of section 268.095, "covered employment" includes employment
covered under an unemployment insurance program:

(1) of any other state; deleted text beginor
deleted text end

(2) established by an act of Congressdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) the law of Canada.
new text end

new text begin (d) The percentage of employment performed under paragraph (a) is determined by the
amount of hours worked.
new text end

new text begin (e) Covered employment does not include any employment defined as "noncovered
employment" under subdivision 20.
new text end

Sec. 2.

Minnesota Statutes 2018, section 268.035, subdivision 20, is amended to read:


Subd. 20.

Noncovered employment.

"Noncovered employment" means:

(1) employment for the United States government or an instrumentality thereof, including
military service;

(2) employment for a state, other than Minnesota, or a political subdivision or
instrumentality thereof;

(3) employment for a foreign government;

(4) employment covered under the federal Railroad Unemployment Insurance Act;

(5) employment for a church or convention or association of churches, or a nonprofit
organization operated primarily for religious purposes that is operated, supervised, controlled,
or principally supported by a church or convention or association of churches;

(6) employment for an elementary or secondary school with a curriculum that includes
religious education that is operated by a church, a convention or association of churches,
or a nonprofit organization that is operated, supervised, controlled, or principally supported
by a church or convention or association of churches;

(7) employment for Minnesota or a political subdivision, or a nonprofit organization, of
a duly ordained or licensed minister of a church in the exercise of a ministry or by a member
of a religious order in the exercise of duties required by the order;

(8) employment for Minnesota or a political subdivision, or a nonprofit organization, of
an individual receiving rehabilitation of "sheltered" work in a facility conducted for the
purpose of carrying out a program of rehabilitation for individuals whose earning capacity
is impaired by age or physical or mental deficiency or injury or a program providing
"sheltered" work for individuals who because of an impaired physical or mental capacity
cannot be readily absorbed in the competitive labor market. This clause applies only to
services performed in a facility certified by the Rehabilitation Services Branch of the
department or in a day training or habilitation program licensed by the Department of Human
Services;

(9) employment for Minnesota or a political subdivision, or a nonprofit organization, of
an individual receiving work relief or work training as part of an unemployment work relief
or work training program financed in whole or in part by any federal agency or an agency
of a state or political subdivision thereof. This clause does not apply to programs that require
unemployment benefit coverage for the participants;

(10) employment for Minnesota or a political subdivision, as an elected official, a member
of a legislative body, or a member of the judiciary;

(11) employment as a member of the Minnesota National Guard or Air National Guard;

(12) employment for Minnesota or a political subdivision, or instrumentality thereof, of
an individual serving on a temporary basis in case of fire, flood, tornado, or similar
emergency;

(13) employment as an election official or election worker for Minnesota or a political
subdivision, if the compensation for that employment was less than $1,000 in a calendar
year;

(14) employment for Minnesota that is a major policy-making or advisory position in
the unclassified service;

(15) employment for Minnesota in an unclassified position established under section
43A.08, subdivision 1a;

(16) employment for a political subdivision of Minnesota that is a nontenured major
policy making or advisory position;

(17) domestic employment in a private household, local college club, or local chapter
of a college fraternity or sorority, if the wages paid in any calendar quarter in either the
current or prior calendar year to all individuals in domestic employment totaled less than
$1,000.

"Domestic employment" includes all service in the operation and maintenance of a
private household, for a local college club, or local chapter of a college fraternity or sorority
as distinguished from service as an employee in the pursuit of an employer's trade or business;

(18) employment of an individual by a son, daughter, or spouse, and employment of a
child under the age of 18 by the child's father or mother;

(19) employment of an inmate of a custodial or penal institution;

(20) employment for a school, college, or university, by a student who is enrolled and
whose primary relation to the school, college, or university is as a student. This does not
include an individual whose primary relation to the school, college, or university is as an
employee who also takes courses;

(21) employment of an individual who is enrolled as a student in a full-time program at
a nonprofit or public educational institution that maintains a regular faculty and curriculum
and has a regularly organized body of students in attendance at the place where its educational
activities are carried on, taken for credit at the institution, that combines academic instruction
with work experience, if the employment is an integral part of the program, and the institution
has so certified to the employer, except that this clause does not apply to employment in a
program established for or on behalf of an employer or group of employers;

new text begin (22) employment of a foreign college or university student who works on a seasonal or
temporary basis under the J-1 visa summer work travel program described in Code of Federal
Regulations, title 22, section 62.32;
new text end

deleted text begin (22)deleted text endnew text begin (23)new text end employment of university, college, or professional school students in an
internship or other training program with the city of St. Paul or the city of Minneapolis
under Laws 1990, chapter 570, article 6, section 3;

deleted text begin (23)deleted text endnew text begin (24)new text end employment for a hospital by a patient of the hospital. "Hospital" means an
institution that has been licensed by the Department of Health as a hospital;

deleted text begin (24)deleted text endnew text begin (25)new text end employment as a student nurse for a hospital or a nurses' training school by
an individual who is enrolled and is regularly attending classes in an accredited nurses'
training school;

deleted text begin (25)deleted text endnew text begin (26)new text end employment as an intern for a hospital by an individual who has completed a
four-year course in an accredited medical school;

deleted text begin (26)deleted text endnew text begin (27)new text end employment as an insurance salesperson, by other than a corporate officer, if
all the wages from the employment is solely by way of commission. The word "insurance"
includes an annuity and an optional annuity;

deleted text begin (27)deleted text endnew text begin (28)new text end employment as an officer of a township mutual insurance company or farmer's
mutual insurance company under chapter 67A;

deleted text begin (28)deleted text endnew text begin (29)new text end employment of a corporate officer, if the officer directly or indirectly, including
through a subsidiary or holding company, owns 25 percent or more of the employer
corporation, and employment of a member of a limited liability company, if the member
directly or indirectly, including through a subsidiary or holding company, owns 25 percent
or more of the employer limited liability company;

deleted text begin (29)deleted text endnew text begin (30)new text end employment as a real estate salesperson, other than a corporate officer, if all
the wages from the employment is solely by way of commission;

deleted text begin (30)deleted text endnew text begin (31)new text end employment as a direct seller as defined in United States Code, title 26, section
3508;

deleted text begin (31)deleted text endnew text begin (32)new text end employment of an individual under the age of 18 in the delivery or distribution
of newspapers or shopping news, not including delivery or distribution to any point for
subsequent delivery or distribution;

deleted text begin (32)deleted text endnew text begin (33)new text end casual employment performed for an individual, other than domestic
employment under clause (17), that does not promote or advance that employer's trade or
business;

deleted text begin (33)deleted text endnew text begin (34)new text end employment in "agricultural employment" unless it is "covered agricultural
employment" under subdivision 11; or

deleted text begin (34)deleted text endnew text begin (35)new text end if employment during one-half or more of any pay period was covered
employment, all the employment for the pay period is covered employment; but if during
more than one-half of any pay period the employment was noncovered employment, then
all of the employment for the pay period is noncovered employment. "Pay period" means
a period of not more than a calendar month for which a payment or compensation is ordinarily
made to the employee by the employer.

Sec. 3.

Minnesota Statutes 2018, section 268.051, subdivision 2a, is amended to read:


Subd. 2a.

Unemployment insurance tax deleted text beginlimitsdeleted text endnew text begin reductionnew text end.

(a) If the balance in the trust
fund on December 31 of any calendar year is four percent or more above the amount equal
to an average high cost multiple of 1.0, future unemployment taxes payable must be reduced
by all amounts above 1.0. The amount of tax reduction for any taxpaying employer is the
same percentage of the total amount above 1.0 as the percentage of taxes paid by the
employer during the calendar year is of the total amount of taxes that were paid by all
deleted text begin nonmaximum experience rateddeleted text end employers during the yearnew text begin except taxes paid by employers
assigned a tax rate equal to the maximum experience rating plus the applicable base tax
rate
new text end.

(b) For purposes of this subdivision, "average high cost multiple" has the meaning given
in Code of Federal Regulations, title 20, section 606.3, as amended through December 31,
2015. An amount equal to an average high cost multiple of 1.0 is a federal measure of
adequate reserves in relation to the state's current economy. The commissioner must calculate
and publish, as soon as possible following December 31 of any calendar year, the trust fund
balance on December 31 along with the amount an average high cost multiple of 1.0 equals.
Actual wages paid must be used in the calculation and estimates may not be used.

(c)new text begin The unemployment tax reduction undernew text end this subdivision does not apply to employers
that were deleted text beginatdeleted text endnew text begin assigned a tax rate equal tonew text end the maximum experience ratingnew text begin plus the applicable
base tax rate
new text end for the yeardeleted text begin, nor to high experience rating industry employers under subdivision
5, paragraph (b)
deleted text end. Computations under paragraph (a) are not subject to the rounding
requirement of section 268.034. The refund provisions of section 268.057, subdivision 7,
do not apply.

(d) The unemployment tax reduction under this subdivision applies to taxes paid between
March 1 and December 15 of the year following the December 31 computation under
paragraph (a).

(e) deleted text beginThe amount equal to the average high cost multiple of 1.0 on December 31, 2012,
must be used for the calculation under paragraph (a) but only for the calculation made on
December 31, 2015. Notwithstanding paragraph (d), the tax reduction resulting from the
application of this paragraph applies to unemployment taxes paid between July 1, 2016,
and June 30, 2017.
deleted text endnew text begin If there was an experience rating history transfer under subdivision 4,
the successor employer must receive that portion of the predecessor employer's tax reduction
equal to that portion of the experience rating history transferred. The predecessor employer
retains that portion of tax reduction not transferred to the successor. This paragraph applies
to that portion of the tax reduction that remains unused at the time of notice of acquisition
is provided under subdivision 4, paragraph (e).
new text end

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective October 1, 2020.
new text end

ARTICLE 11

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; INTEREST

Section 1.

Minnesota Statutes 2018, section 268.057, subdivision 5, is amended to read:


Subd. 5.

Interest on amounts past due.

If any amounts due from an employer under
this chapter or section 116L.20, except late fees under section 268.044, are not received on
the date due deleted text beginthe unpaid balance bearsdeleted text end new text beginthe commissioner must assess interest on any amount
that remains unpaid.
new text endInterest new text beginis assessed new text endat the rate of one percent per month or any part of
a month. new text beginInterest is not assessed on unpaid interest. new text endInterest collected under this subdivision
is credited to the contingent account.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 268.18, subdivision 2b, is amended to read:


Subd. 2b.

Interest.

On any unemployment benefits obtained by misrepresentation, and
any penalty amounts assessed under subdivision 2, the commissioner must assess interest
deleted text begin at the rate of one percent per monthdeleted text end on any amount that remains unpaid beginning 30 calendar
days after the date of a determination of overpayment penalty. new text beginInterest is assessed at the
rate of one percent per month or any part of a month.
new text endA determination of overpayment
penalty must state that interest will be assessed. Interest is new text beginnot new text endassessed deleted text beginin the same manner
as on employer debt under section 268.057, subdivision 5
deleted text endnew text begin on unpaid interestnew text end. Interest
deleted text begin paymentsdeleted text end collected under this subdivision deleted text beginaredeleted text endnew text begin isnew text end credited to the trust fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2020.
new text end

ARTICLE 12

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; BASE PERIODS

Section 1.

Minnesota Statutes 2018, section 268.035, subdivision 4, is amended to read:


Subd. 4.

Base period.

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

If the application for unemployment
benefits is effective on or between these
dates:
The base period is the prior:
February 1 - March 31
January 1 - December 31
May 1 - June 30
April 1 - March 31
August 1 - September 30
July 1 - June 30
November 1 - December 31
October 1 - September 30

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

If the application for unemployment
benefits is effective on or between these
dates:
The base period is the prior:
January 1 - January 31
October 1 - September 30
April 1 - April 30
January 1 - December 31
July 1 - July 31
April 1 - March 31
October 1 - October 31
July 1 - June 30

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

deleted text begin (d) If the applicant under paragraph (b) has insufficient wage credits to establish a benefit
account, then a base period of the most recent four completed calendar quarters before the
effective date of the applicant's application for unemployment benefits must be used.
deleted text end

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

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

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

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

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

deleted text begin (f)deleted text endnew text begin (e)new text end No base period under this subdivision may include wage credits upon which a
prior benefit account was established.

Sec. 2.

Minnesota Statutes 2018, section 268.07, subdivision 1, is amended to read:


Subdivision 1.

Application for unemployment benefits; determination of benefit
account.

(a) An application for unemployment benefits may be filed in person, by mail, or
by electronic transmission as the commissioner may require. The applicant must be
unemployed at the time the application is filed and must provide all requested information
in the manner required. If the applicant is not unemployed at the time of the application or
fails to provide all requested information, the communication is not an application for
unemployment benefits.

(b) The commissioner must examine each application for unemployment benefits to
determine the base period and the benefit year, and based upon all the covered employment
in the base period the commissioner must determine the weekly unemployment benefit
amount available, if any, and the maximum amount of unemployment benefits available,
if any. The determination, which is a document separate and distinct from a document titled
a determination of eligibility or determination of ineligibility issued under section 268.101,
must be titled determination of benefit account. A determination of benefit account must
be sent to the applicant and all base period employers, by mail or electronic transmission.

(c) If a base period employer did not provide wage detail information for the applicant
as required under section 268.044, deleted text beginor provided erroneous information, or wage detail is not
yet due and the applicant is using a base period under section 268.035, subdivision 4,
paragraph (d),
deleted text end the commissioner may accept an applicant certification of wage credits, based
upon the applicant's records, and issue a determination of benefit account.

deleted text begin (d) An employer must provide wage detail information on an applicant within five
calendar days of request by the commissioner, in a manner and format requested, when:
deleted text end

deleted text begin (1) the applicant is using a base period under section 268.035, subdivision 4, paragraph
(d); and
deleted text end

deleted text begin (2) wage detail under section 268.044 is not yet required to have been filed by the
employer.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end The commissioner may, at any time within 24 months from the establishment of
a benefit account, reconsider any determination of benefit account and make an amended
determination if the commissioner finds that the wage credits listed in the determination
were incorrect for any reason. An amended determination of benefit account must be
promptly sent to the applicant and all base period employers, by mail or electronic
transmission. This subdivision does not apply to documents titled determinations of eligibility
or determinations of ineligibility issued under section 268.101.

deleted text begin (f)deleted text endnew text begin (e)new text end If an amended determination of benefit account reduces the weekly unemployment
benefit amount or maximum amount of unemployment benefits available, any unemployment
benefits that have been paid greater than the applicant was entitled is an overpayment of
unemployment benefits. A determination or amended determination issued under this section
that results in an overpayment of unemployment benefits must set out the amount of the
overpayment and the requirement under section 268.18, subdivision 1, that the overpaid
unemployment benefits must be repaid.

Sec. 3. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective January 1, 2020.
new text end

ARTICLE 13

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; HOUSEKEEPING

Section 1.

Minnesota Statutes 2018, section 268.035, subdivision 15, is amended to read:


Subd. 15.

Employment.

(a) "Employment" means service performed by:

(1) an individual who is an employee under the common law of employer-employee and
not an independent contractor;

(2) an officer of a corporation;

(3) a member of a limited liability company who is an employee under the common law
of employer-employee; deleted text beginor
deleted text end

new text begin (4) an individual who is an employee under the Federal Insurance Contributions Act,
United States Code, title 26, chapter 21, sections 3121 (d)(3)(A) and 3121 (d)(3)(D); or
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end product demonstrators in retail stores or other locations to aid in the sale of
products. The person that pays the wages is the employer.

(b) Employment does not include service as a juror.

(c) Construction industry employment is defined in subdivision 9a. Trucking and
messenger/courier industry employment is defined in subdivision 25b. Rules on determining
worker employment status are described under Minnesota Rules, chapter 3315.

Sec. 2.

Minnesota Statutes 2018, section 268.044, subdivision 2, is amended to read:


Subd. 2.

Failure to timely file report; late fees.

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

(1) the number of employees reported on the last wage detail report submitted;

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

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

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

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

(c) Late fees due under this subdivision may be canceled, in whole or in part, under
section deleted text begin268.066 where good cause for late submission is found by the commissionerdeleted text endnew text begin 268.067new text end.

Sec. 3.

Minnesota Statutes 2018, section 268.047, subdivision 3, is amended to read:


Subd. 3.

Exceptions for taxpaying employers.

Unemployment benefits paid will not
be used in computing the future tax rate of a taxpaying base period employer when:

(1) the applicant's wage credits from that employer are less than $500;

(2) the applicant quit the employment, unless it was determined under section 268.095,
to have been because of a good reason caused by the employer or because the employer
notified the applicant of discharge within 30 calendar days. This exception applies deleted text beginonlydeleted text end to
unemployment benefits paid for periods after the applicant's quitting the employmentnew text begin and,
if the applicant is rehired by the employer, continues only until the beginning of the week
the applicant is rehired
new text end; or

(3) the employer discharged the applicant from employment because of employment
misconduct as determined under section 268.095. This exception applies deleted text beginonlydeleted text end to
unemployment benefits paid for periods after the applicant's discharge from employmentnew text begin
and, if the applicant is rehired by the employer, continues only until the beginning of the
week the applicant is rehired
new text end.

Sec. 4.

Minnesota Statutes 2018, section 268.085, subdivision 3, is amended to read:


Subd. 3.

new text beginVacation and sick new text endpayments that delay unemployment benefits.

(a) An
applicant is not eligible to receive unemployment benefits for any week the applicant is
receiving, has received, or will receive vacation pay, sick pay, or personal time off pay, also
known as "PTO."

This paragraph deleted text beginonly applies upon temporary, indefinite, or seasonal separation anddeleted text end does
not apply:

(1) upon a permanent separation from employment; or

(2) to payments from a vacation fund administered by a union or a third party not under
the control of the employer.

deleted text begin Payments under this paragraph are applied to the period immediately following the
temporary, indefinite, or seasonal separation.
deleted text end

deleted text begin (b) An applicant is not eligible to receive unemployment benefits for any week the
applicant is receiving, has received, or will receive severance pay, bonus pay, or any other
payments paid by an employer because of, upon, or after separation from employment.
deleted text end

deleted text begin This paragraph only applies if the payment is:
deleted text end

deleted text begin (1) considered wages under section 268.035, subdivision 29; or
deleted text end

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

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

deleted text begin This paragraph does not apply to earnings under subdivision 5, back pay under
subdivision 6, or vacation pay, sick pay, or personal time off pay under paragraph (a).
deleted text end

deleted text begin (c) An applicant is not eligible to receive unemployment benefits for any week the
applicant is receiving, has received, will receive, or has applied for pension, retirement, or
annuity payments from any plan contributed to by a base period employer including the
United States government. The base period employer is considered to have contributed to
the plan if the contribution is excluded from the definition of wages under section 268.035,
subdivision 29
. If the pension, retirement, or annuity payment is paid in a lump sum, an
applicant is not considered to have received a payment if:
deleted text end

deleted text begin (1) the applicant immediately deposits that payment in a qualified pension plan or
account; or
deleted text end

deleted text begin (2) that payment is an early distribution for which the applicant paid an early distribution
penalty under the Internal Revenue Code, United States Code, title 26, section 72(t)(1).
deleted text end

deleted text begin This paragraph does not apply to Social Security benefits under subdivision 4 or 4a.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end This subdivision applies to all the weeks of payment. The number of weeks of
payment is determined as follows:

(1) if the payments are made periodically, the total of the payments to be received is
divided by the applicant's last level of regular weekly pay from the employer; or

(2) if the payment is made in a lump sum, that sum is divided by the applicant's last level
of regular weekly pay from the employer.

deleted text begin For purposes of this paragraph,deleted text endnew text begin Thenew text end "last level of regular weekly pay" includes
commissions, bonuses, and overtime pay if that is part of the applicant's ongoing regular
compensation.

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

Sec. 5.

Minnesota Statutes 2018, section 268.085, subdivision 3a, is amended to read:


Subd. 3a.

Workers' compensation and disability insurance offset.

(a) An applicant
is not eligible to receive unemployment benefits for any week in which the applicant is
receiving or has received compensation for loss of wages equal to or in excess of the
applicant's weekly unemployment benefit amount under:

(1) the workers' compensation law of this state;

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

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

(b) This subdivision does not apply to an applicant who has a claim pending for loss of
wages under paragraph (a); however, before unemployment benefits may be paid when a
claim is pending, the issue of the applicant being available for suitable employment, as
required under subdivision 1, clause (4), deleted text beginisdeleted text endnew text begin must benew text end determined under section 268.101,
subdivision 2
. If the applicant later receives compensation as a result of the pending claim,
the applicant is subject to deleted text beginthe provisions ofdeleted text end paragraph (a) and the unemployment benefits
paid are deleted text beginsubject to recoupment by the commissioner to the extent that the compensation
constitutes
deleted text end overpaid unemployment benefitsnew text begin under section 268.18, subdivision 1new text end.

(c) If the amount of compensation described under paragraph (a) for any week is less
than the applicant's weekly unemployment benefit amount, unemployment benefits requested
for that week are reduced by the amount of that compensation payment.

Sec. 6.

Minnesota Statutes 2018, section 268.085, is amended by adding a subdivision to
read:


new text begin Subd. 3b. new text end

new text begin Separation, severance, or bonus payments that delay unemployment
benefits.
new text end

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

new text begin (1) considered wages under section 268.035, subdivision 29; or
new text end

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

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

new text begin (c) This subdivision does not apply to earnings under subdivision 5, back pay under
subdivision 6, or vacation pay, sick pay, or personal time off pay under subdivision 3.
new text end

new text begin (d) This subdivision applies to all the weeks of payment. The number of weeks of
payment is determined in accordance with subdivision 3, paragraph (c).
new text end

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

Sec. 7.

Minnesota Statutes 2018, section 268.085, is amended by adding a subdivision to
read:


new text begin Subd. 3c. new text end

new text begin Pension or retirement payment offset. new text end

new text begin (a) An applicant is not eligible to
receive unemployment benefits for any week the applicant is receiving, has received, will
receive, or has applied for pension, retirement, or annuity payments from any plan contributed
to by a base period employer including the United States government. The base period
employer is considered to have contributed to the plan if the contribution is excluded from
the definition of wages under section 268.035, subdivision 29.
new text end

new text begin (b) If the pension, retirement, or annuity payment is paid in a lump sum, an applicant is
not considered to have received a payment if:
new text end

new text begin (1) the applicant immediately deposits that payment in a qualified pension plan or
account; or
new text end

new text begin (2) that payment is an early distribution for which the applicant paid an early distribution
penalty under the Internal Revenue Code, United Stats Code, title 26, section 72(t)(1).
new text end

new text begin (c) This subdivision does not apply to Social Security benefits under subdivision 4 or
4a.
new text end

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

new text begin If the payment is made in a lump sum, that sum is divided by the applicant's last level
of regular weekly pay from the employer to determine the weeks of payment.
new text end

new text begin The "last level of regular weekly pay" includes commissions, bonuses, and overtime
pay if that is part of the applicant's ongoing regular compensation.
new text end

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

Sec. 8.

Minnesota Statutes 2018, section 268.085, subdivision 13a, is amended to read:


Subd. 13a.

Leave of absence.

(a) An applicant on a voluntary leave of absence is
ineligible for unemployment benefits for the duration of the leave of absence. An applicant
on an involuntary leave of absence is not ineligible under this subdivision.

A leave of absence is voluntary when work that the applicant can then perform is available
with the applicant's employer but the applicant chooses not to work. A medical leave of
absence is not presumed to be voluntary.

(b) A period of vacation requested by the applicant, paid or unpaid, is a voluntary leave
of absence. A vacation period assigned by an employer under: (1) a uniform vacation
shutdown; (2) a collective bargaining agreement; or (3) an established employer policy, is
an involuntary leave of absence.

(c) A leave of absence is a temporary stopping of work that has been approved by the
employer. A deleted text beginvoluntarydeleted text end leave of absence is not a quit deleted text beginand an involuntary leave of absencedeleted text end
deleted text begin is notdeleted text endnew text begin ornew text end a discharge from employment deleted text beginfor purposes ofdeleted text endnew text begin.new text end Section 268.095new text begin does not apply to
a leave of absence
new text end.

(d) An applicant who is on a paid leave of absence, whether the leave of absence is
voluntary or involuntary, is ineligible for unemployment benefits for the duration of the
leave.

(e) This subdivision applies to a leave of absence from a base period employer, an
employer during the period between the end of the base period and the effective date of the
benefit account, or an employer during the benefit year.

Sec. 9.

Minnesota Statutes 2018, section 268.095, subdivision 6, is amended to read:


Subd. 6.

Employment misconduct defined.

(a) Employment misconduct means any
intentional, negligent, or indifferent conduct, on the job or off the jobnew text begin,new text end that deleted text begindisplays clearly:
deleted text end

deleted text begin (1)deleted text endnew text begin isnew text end a serious violation of the standards of behavior the employer has the right to
reasonably expect of the employeedeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (2) a substantial lack of concern for the employment.
deleted text end

(b) Regardless of paragraph (a), the following is not employment misconduct:

(1) conduct that was a consequence of the applicant's mental illness or impairment;

(2) conduct that was a consequence of the applicant's inefficiency or inadvertence;

(3) simple unsatisfactory conduct;

(4) conduct an average reasonable employee would have engaged in under the
circumstances;

(5) conduct that was a consequence of the applicant's inability or incapacity;

(6) good faith errors in judgment if judgment was required;

(7) absence because of illness or injury of the applicant, with proper notice to the
employer;

(8) absence, with proper notice to the employer, in order to provide necessary care
because of the illness, injury, or disability of an immediate family member of the applicant;

(9) conduct that was a consequence of the applicant's chemical dependency, unless the
applicant was previously diagnosed chemically dependent or had treatment for chemical
dependency, and since that diagnosis or treatment has failed to make consistent efforts to
control the chemical dependency; or

(10) conduct that was a consequence of the applicant, or an immediate family member
of the applicant, being a victim of domestic abuse, sexual assault, or stalking. For the
purposes of this subdivision, "domestic abuse," "sexual assault," and "stalking" have the
meanings given them in subdivision 1.

(c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20,
169A.31, 169A.50 to 169A.53, or 171.177 that deleted text begininterferes with ordeleted text end adversely affects the
employment is employment misconduct.

(d) If the conduct for which the applicant was discharged involved only a single incident,
that is an important fact that must be considered in deciding whether the conduct rises to
the level of employment misconduct under paragraph (a). This paragraph does not require
that a determination under section 268.101 or decision under section 268.105 contain a
specific acknowledgment or explanation that this paragraph was considered.

(e) The definition of employment misconduct provided by this subdivision is exclusive
and no other definition applies.

Sec. 10.

Minnesota Statutes 2018, section 268.095, subdivision 6a, is amended to read:


Subd. 6a.

Aggravated employment misconduct defined.

(a) deleted text beginFor the purpose of this
section, "aggravated employment misconduct" means:
deleted text end

deleted text begin (1)deleted text end The commission of any act, on the job or off the job, that would amount to a gross
misdemeanor or felony new text beginis aggravated employment misconduct new text endif the act deleted text beginsubstantially
interfered with the employment or
deleted text end had a significant adverse effect on the employmentdeleted text begin; ordeleted text endnew text begin.
new text end

new text begin A criminal charge or conviction is not necessary to determine aggravated employment
misconduct under this paragraph. If an applicant is convicted of a gross misdemeanor or
felony, the applicant is presumed to have committed the act.
new text end

deleted text begin (2)deleted text end new text begin(b) new text endFor an employee of a facility as defined in section 626.5572, aggravated
employment misconduct includes an act of patient or resident abuse, financial exploitation,
or recurring or serious neglect, as defined in section 626.5572 and applicable rules.

deleted text begin (b) If an applicant is convicted of a gross misdemeanor or felony for the same act for
which the applicant was discharged, it is aggravated employment misconduct if the act
substantially interfered with the employment or had a significant adverse effect on the
employment.
deleted text end

(c) The definition of aggravated employment misconduct provided by this subdivision
is exclusive and no other definition applies.

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective October 1, 2019.
new text end

ARTICLE 14

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; TECHNICAL

Section 1.

Minnesota Statutes 2018, section 268.044, subdivision 3, is amended to read:


Subd. 3.

Missing or erroneous information.

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

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

(c) An administrative service fee under this subdivision must be canceled new text beginunder section
268.067
new text endif the commissioner determines that the failure or error by the employer occurred
because of ignorance or inadvertence.

Sec. 2.

Minnesota Statutes 2018, section 268.046, subdivision 1, is amended to read:


Subdivision 1.

Tax accounts assigned.

(a) Any person that contracts with a taxpaying
employer to have that person obtain the taxpaying employer's workforce and provide workers
to the taxpaying employer for a fee is, as of the effective date of the contract, assigned for
the duration of the contract the taxpaying employer's account under section 268.045. That
tax account must be maintained by the person separate and distinct from every other tax
account held by the person and identified in a manner prescribed by the commissioner. The
tax account is, for the duration of the contract, considered that person's account for all
purposes of this chapter. The workers obtained from the taxpaying employer and any other
workers provided by that person to the taxpaying employer, including officers of the
taxpaying employer as defined in section 268.035, subdivision 20, clause deleted text begin(28)deleted text endnew text begin (29)new text end, whose
wages paid by the person are considered paid in covered employment under section 268.035,
subdivision 24
, for the duration of the contract between the taxpaying employer and the
person, must, under section 268.044, be reported on the wage detail report under that tax
account, and that person must pay any taxes due at the tax rate computed for that account
under section 268.051, subdivision 2.

(b) Any workers of the taxpaying employer who are not covered by the contract under
paragraph (a) must be reported by the taxpaying employer as a separate unit on the wage
detail report under the tax account assigned under paragraph (a). Taxes and any other
amounts due on the wages reported by the taxpaying employer under this paragraph may
be paid directly by the taxpaying employer.

(c) If the taxpaying employer that contracts with a person under paragraph (a) does not
have a tax account at the time of the execution of the contract, an account must be registered
for the taxpaying employer under section 268.042 and the new employer tax rate under
section 268.051, subdivision 5, must be assigned. The tax account is then assigned to the
person as provided for in paragraph (a).

(d) A person that contracts with a taxpaying employer under paragraph (a) must, within
30 calendar days of the execution or termination of a contract, notify the commissioner by
electronic transmission, in a format prescribed by the commissioner, of that execution or
termination. The taxpaying employer's name, the account number assigned, and any other
information required by the commissioner must be provided by that person.

(e) Any contract subject to paragraph (a) must specifically inform the taxpaying employer
of the assignment of the tax account under this section and the taxpaying employer's
obligation under paragraph (b). If there is a termination of the contract, the tax account is,
as of the date of termination, immediately assigned to the taxpaying employer.

Sec. 3.

Minnesota Statutes 2018, section 268.069, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

The commissioner must pay unemployment benefits
from the trust fund to an applicant who has met each of the following requirements:

(1) the applicant has filed an application for unemployment benefits and established a
benefit account in accordance with section 268.07;

(2) the applicant has not been held ineligible for unemployment benefits under section
268.095 because of a quit or discharge;

(3) the applicant has met all of the ongoing eligibility requirements under section 268.085;

(4) the applicant does not have an outstanding overpayment of unemployment benefits,
including any penalties or interest; and

(5) the applicant has not been held ineligible for unemployment benefits under section
268.183 deleted text beginbecause of a false representation or concealment of factsdeleted text end.

Sec. 4.

Minnesota Statutes 2018, section 268.105, subdivision 6, is amended to read:


Subd. 6.

Representation; fees.

(a) In any proceeding under subdivision 1 or 2, an
applicant or employer may be represented by any authorized representative.

Except for services provided by an attorney-at-law, no person may charge an applicant
a fee of any kind for advising, assisting, or representing an applicant in a hearing deleted text beginordeleted text endnew text begin,new text end on
reconsiderationnew text begin, or in a proceeding under subdivision 7new text end.

(b) An applicant may not be charged fees, costs, or disbursements of any kind in a
proceeding before an unemployment law judge, the Minnesota Court of Appeals, or the
Supreme Court of Minnesota.

(c) No attorney fees may be awardednew text begin, or costs or disbursements assessed,new text end against the
department as a result of any proceedings under this section.

Sec. 5.

Minnesota Statutes 2018, section 268.145, subdivision 1, is amended to read:


Subdivision 1.

Notification.

(a) Upon filing an application for unemployment benefits,
the applicant must be informed that:

(1) unemployment benefits are subject to federal and state income tax;

(2) there are requirements for filing estimated tax payments;

(3) the applicant may elect to have federal income tax withheld from unemployment
benefits;

(4) if the applicant elects to have federal income tax withheld, the applicant may, in
addition, elect to have Minnesota state income tax withheld; and

(5) at any time during the benefit year the applicant may change a prior election.

(b) If an applicant elects to have federal income tax withheld, the commissioner must
deduct ten percent for federal income tax. If an applicant also elects to have Minnesota state
income tax withheld, the commissioner must make an additional five percent deduction for
state income tax. Any deleted text beginamountsdeleted text endnew text begin amountnew text end deducted deleted text beginor offsetdeleted text end underdeleted text begin sections 268.155, 268.18,
and 268.184 have
deleted text endnew text begin section 268.085 hasnew text end priority over any amounts deducted under this section.
Federal income tax withholding has priority over state income tax withholding.

(c) An election to have income tax withheld may not be retroactive and only applies to
unemployment benefits paid after the election.

Sec. 6.

Minnesota Statutes 2018, section 268.18, subdivision 5, is amended to read:


Subd. 5.

Remedies.

(a) Any method undertaken to recover an overpayment of
unemployment benefits, including any penalties and interest, is not an election of a method
of recovery.

(b) Intervention or lack thereof, in whole or in part, in a workers' compensation matter
under section 176.361 is not an election of a remedy and does not prevent the commissioner
from determining an applicant ineligible for unemployment benefits deleted text beginor taking action under
section 268.183
deleted text end.

Sec. 7. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes is instructed to make the following changes in Minnesota Statutes:
new text end

new text begin (1) delete the term "bona fide" wherever it appears in section 268.035;
new text end

new text begin (2) replace the term "under" with "subject to" in section 268.047, subdivision 2, clause
(8);
new text end

new text begin (3) replace the term "displays clearly" with "shows" in chapter 268;
new text end

new text begin (4) replace the term "entire" with "hearing" in section 268.105; and
new text end

new text begin (5) replace "24 calendar months" with "eight calendar quarters" in section 268.052,
subdivision 2.
new text end

Sec. 8. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective October 1, 2019.
new text end

ARTICLE 15

UI POLICY

Section 1.

Minnesota Statutes 2018, section 268.085, subdivision 8, is amended to read:


Subd. 8.

Services for school contractors.

(a) Wage credits from an employer are subject
to subdivision 7deleted text begin,deleted text end if:

(1) the employment was provided under a contract between the employer and an
elementary or secondary school; and

(2) the contract was for services that the elementary or secondary school could have had
performed by its employees.

(b) Wage credits from an employer are not subject to subdivision 7 if:

(1) those wage credits were earned by an employee of a private employer performing
work under a contract between the employer and an elementary or secondary school; and

(2) the employment was related to new text beginbus or new text endfood services provided to the school by the
employer.

ARTICLE 16

BUREAU OF MEDIATION SERVICES POLICY

Section 1.

Minnesota Statutes 2018, section 13.43, subdivision 6, is amended to read:


Subd. 6.

Access by labor organizationsnew text begin, Bureau of Mediation Services, Public
Employment Relations Board
new text end.

Personnel data may be disseminated to labor organizations
new text begin and the Public Employment Relations Board new text endto the extent that the responsible authority
determines that the dissemination is necessary to conduct elections, notify employees of
fair share fee assessments, and implement the provisions of chapters 179 and 179A. Personnel
data shall be disseminated to labor organizationsnew text begin, the Public Employment Relations Board,new text end
and deleted text begintodeleted text end the Bureau of Mediation Services to the extent the dissemination is ordered or
authorized by the commissioner of the Bureau of Mediation Servicesnew text begin or the Public
Employment Relations Board or its designee
new text end.

Sec. 2.

new text begin [13.7909] PUBLIC EMPLOYMENT RELATIONS BOARD DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "board" means the Public
Employment Relations Board.
new text end

new text begin Subd. 2. new text end

new text begin Nonpublic data. new text end

new text begin (a) Except as provided in this subdivision, all data maintained
by the board about a charge or complaint of unfair labor practices and appeals of
determinations of the commissioner under section 179A.12, subdivision 11, are classified
as protected nonpublic data or confidential data, and become public when admitted into
evidence at a hearing conducted pursuant to section 179A.13. The data may be subject to
a protective order as determined by the board or a hearing officer.
new text end

new text begin (b) Notwithstanding sections 13.43 and 181.932, the following data are public:
new text end

new text begin (1) the filing date of unfair labor practice charges;
new text end

new text begin (2) the status of unfair labor practice charges as an original or amended charge;
new text end

new text begin (3) the names and job classifications of charging parties and charged parties;
new text end

new text begin (4) the provisions of law alleged to have been violated in unfair labor practice charges;
new text end

new text begin (5) the complaint issued by the board and all data in the complaint;
new text end

new text begin (6) the full and complete record of an evidentiary hearing before a hearing officer,
including the hearing transcript, exhibits admitted into evidence, and posthearing briefs,
unless subject to a protective order;
new text end

new text begin (7) recommended decisions and orders of hearing officers pursuant to section 179A.13,
subdivision 1, paragraph (i);
new text end

new text begin (8) exceptions to the hearing officer's recommended decision and order filed with the
board pursuant to section 179A.13, subdivision 1, paragraph (k);
new text end

new text begin (9) briefs filed with the board; and
new text end

new text begin (10) decisions and orders issued by the board.
new text end

new text begin (c) Notwithstanding paragraph (a), individuals have access to their own statements
provided to the board under paragraph (a).
new text end

new text begin (d) The board may make any data classified as protected nonpublic or confidential
pursuant to this subdivision accessible to any person or party if the access will aid the
implementation of chapters 179 and 179A or ensure due process protection of the parties.
new text end

Sec. 3.

Minnesota Statutes 2018, section 179A.041, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Open meetings. new text end

new text begin Chapter 13D does not apply to meetings of the board when
it is deliberating on the merits of unfair labor practice charges under sections 179.11, 179.12,
and 179A.13; reviewing a recommended decision and order of a hearing officer under
section 179A.13; or reviewing decisions of the commissioner of the Bureau of Mediation
Services relating to unfair labor practices under section 179A.12, subdivision 11.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Laws 2014, chapter 211, section 13, as amended by Laws 2015, First Special
Session chapter 1, article 7, section 1, Laws 2016, chapter 189, article 7, section 42, and
Laws 2017, chapter 94, article 12, section 1, is amended to read:


Sec. 13. EFFECTIVE DATE.

Sections 1 to 3 and 6 to 11 are effective deleted text beginJulydeleted text endnew text begin Januarynew text end 1, 2020. Sections 4, 5, and 12 are
effective July 1, 2014.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. Until
January 1, 2020, any employee, employer, employee or employer organization, exclusive
representative, or any other person or organization aggrieved by an unfair labor practice as
defined in Minnesota Statutes, section 179A.13, may bring an action for injunctive relief
and for damages caused by the unfair labor practice in the district court of the county in
which the practice is alleged to have occurred.
new text end

ARTICLE 17

UNCLAIMED PROPERTY; GENERAL

Section 1.

new text begin [345A.101] DEFINITIONS.
new text end

new text begin (1) For the purposes of this chapter, the terms defined in this section have the meanings
given them.
new text end

new text begin (2) "Administrator" means the commissioner of commerce.
new text end

new text begin (3) "Administrator's agent" means a person with which the administrator contracts to
conduct an examination under this chapter on behalf of the administrator. The term includes
an independent contractor of the person and each individual participating in the examination
on behalf of the person or contractor.
new text end

new text begin (4) "Affiliated group of merchants" means two or more affiliated merchants or other
persons that are related by common ownership or common corporate control and that share
the same name, mark, or logo. Affiliated group of merchants also applies to two or more
merchants or other persons that agree among themselves, by contract or otherwise, to redeem
cards, codes, or other devices bearing the same name, mark, or logo, other than the mark,
logo, or brand of a payment network, for the purchase of goods or services solely at such
merchants or persons. However, merchants or other persons are not considered affiliated
merely because they agree to accept a card that bears the mark, logo, or brand of a payment
network.
new text end

new text begin (5) "Apparent owner" means a person whose name appears on the records of a holder
as the owner of property held, issued, or owing by the holder.
new text end

new text begin (6) "Business association" means a corporation, joint stock company, investment
company, other than an investment company registered under the Investment Company Act
of 1940, as amended, United States Code, title 15, sections 80a-1 to 80a-64, partnership,
unincorporated association, joint venture, limited liability company, business trust, trust
company, land bank, safe deposit company, safekeeping depository, financial organization,
insurance company, federally chartered entity, utility, sole proprietorship, or other business
entity, whether or not for profit.
new text end

new text begin (7) "District court" means Ramsey County District Court.
new text end

new text begin (8) "Domicile" means:
new text end

new text begin (A) for a corporation, the state of its incorporation;
new text end

new text begin (B) for a business association whose formation requires a filing with a state, other than
a corporation, the state of its filing;
new text end

new text begin (C) for a federally chartered entity or an investment company registered under the
Investment Company Act of 1940, as amended, United States Code, title 15, sections 80a-1
to 80a-64, the state of its home office; and
new text end

new text begin (D) for any other holder, the state of its principal place of business.
new text end

new text begin (9) "Electronic" means relating to technology having electrical, digital, magnetic, wireless,
optical, electromagnetic, or similar capabilities.
new text end

new text begin (10) "E-mail" means a communication by electronic means which is automatically
retained and stored and may be readily accessed or retrieved.
new text end

new text begin (11) "Financial organization" means a savings and loan association, building and loan
association, savings bank, industrial bank, bank, banking organization, or credit union.
new text end

new text begin (12) "Game-related digital content" means digital content that exists only in an electronic
game or electronic-game platform. The term:
new text end

new text begin (A) includes:
new text end

new text begin i. game-play currency such as a virtual wallet, even if denominated in United States
currency; and
new text end

new text begin ii. the following if for use or redemption only within the game or platform or another
electronic game or electronic-game platform:
new text end

new text begin 1. points sometimes referred to as gems, tokens, gold, and similar names; and
new text end

new text begin 2. digital codes; and
new text end

new text begin (B) does not include an item that the issuer:
new text end

new text begin i. permits to be redeemed for use outside a game or platform for:
new text end

new text begin ii. money; or
new text end

new text begin iii. goods or services that have more than minimal value; or
new text end

new text begin iv. otherwise monetizes for use outside a game or platform.
new text end

new text begin (13) "Gift card" means:
new text end

new text begin (A) a stored-value card:
new text end

new text begin i. issued on a prepaid basis for a specified amount;
new text end

new text begin ii. the value of which does not expire;
new text end

new text begin iii. that is not subject to a dormancy, inactivity, or service fee;
new text end

new text begin iv. that may be decreased in value only by redemption for merchandise, goods, or services
upon presentation at a single merchant or an affiliated group of merchants;
new text end

new text begin v. that, unless required by law, may not be redeemed for or converted into money or
otherwise monetized by the issuer; and
new text end

new text begin (B) includes a prepaid commercial mobile radio service, as defined in Code of Federal
Regulations, title 47, section 20.3, as amended.
new text end

new text begin (14) "Holder" means a person obligated to hold for the account of, or to deliver or pay
to, the owner, property subject to this chapter.
new text end

new text begin (15) "Insurance company" means an association, corporation, or fraternal or
mutual-benefit organization, whether or not for profit, engaged in the business of providing
life endowments, annuities, or insurance, including accident, burial, casualty, credit-life,
contract-performance, dental, disability, fidelity, fire, health, hospitalization, illness, life,
malpractice, marine, mortgage, surety, wage-protection, and worker-compensation insurance.
new text end

new text begin (16) "Loyalty card" means a record given without direct monetary consideration under
an award, reward, benefit, loyalty, incentive, rebate, or promotional program which may
be used or redeemed only to obtain goods or services or a discount on goods or services.
Loyalty card does not include a record that may be redeemed for money or otherwise
monetized by the issuer.
new text end

new text begin (17) "Mineral" means gas, oil, coal, oil shale, other gaseous liquid or solid hydrocarbon,
cement material, sand and gravel, road material, building stone, chemical raw material,
gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other
geothermal resources, and any other substance defined as a mineral by law of this state other
than this chapter.
new text end

new text begin (18) "Mineral proceeds" means an amount payable for extraction, production, or sale of
minerals, or, on the abandonment of the amount, an amount that becomes payable after
abandonment. Mineral proceeds includes an amount payable:
new text end

new text begin (A) for the acquisition and retention of a mineral lease, including a bonus, royalty,
compensatory royalty, shut-in royalty, minimum royalty, and delay rental;
new text end

new text begin (B) for the extraction, production, or sale of minerals, including a net revenue interest,
royalty, overriding royalty, extraction payment, and production payment; and
new text end

new text begin (C) under an agreement or option, including a joint-operating agreement, unit agreement,
pooling agreement, and farm-out agreement.
new text end

new text begin (19) "Money order" means a payment order for a specified amount of money. Money
order includes an express money order and a personal money order on which the remitter
is the purchaser.
new text end

new text begin (20) "Municipal bond" means a bond or evidence of indebtedness issued by a municipality
or other political subdivision of a state.
new text end

new text begin (21) "Net card value" means the original purchase price or original issued value of a
stored-value card, plus amounts added to the original price or value, minus amounts used
and any service charge, fee, or dormancy charge permitted by law.
new text end

new text begin (22) "Nonfreely transferable security" means a security that cannot be delivered to the
administrator by the Depository Trust Clearing Corporation or similar custodian of securities
providing post-trade clearing and settlement services to financial markets or cannot be
delivered because there is no agent to effect transfer. Nonfreely transferable security includes
a worthless security.
new text end

new text begin (23) "Owner" means a person that has a legal, beneficial, or equitable interest in property
subject to this chapter or the person's legal representative when acting on behalf of the
owner. Owner includes:
new text end

new text begin (A) a depositor, for a deposit;
new text end

new text begin (B) a beneficiary, for a trust other than a deposit in trust;
new text end

new text begin (C) a creditor, claimant, or payee, for other property; and
new text end

new text begin (D) the lawful bearer of a record that may be used to obtain money, a reward, or a thing
of value.
new text end

new text begin (24) "Payroll card" means a record that evidences a payroll card account as defined in
Regulation E, Code of Federal Regulations, title 12, part 1005, as amended.
new text end

new text begin (25) "Person" means an individual, estate, business association, public corporation,
government or governmental subdivision, agency, instrumentality, or other legal entity
whether or not for profit.
new text end

new text begin (26) "Property" means tangible property described in section 345A.205 or a fixed and
certain interest in intangible property held, issued, or owed in the course of a holder's business
or by a government, governmental subdivision, agency, or instrumentality. Property:
new text end

new text begin (A) includes all income from or increments to the property;
new text end

new text begin (B) includes property referred to as or evidenced by:
new text end

new text begin i. money, virtual currency, interest, dividend, check, draft, deposit, or payroll card;
new text end

new text begin ii. a credit balance, customer's overpayment, stored-value card, security deposit, refund,
credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to
provide a refund, mineral proceeds, or unidentified remittance;
new text end

new text begin iii. a security except for:
new text end

new text begin 1. a worthless security; or
new text end

new text begin 2. a security that is subject to a lien, legal hold, or restriction evidenced on the records
of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts
the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;
new text end

new text begin iv. a bond, debenture, note, or other evidence of indebtedness;
new text end

new text begin v. money deposited to redeem a security, make a distribution, or pay a dividend;
new text end

new text begin vi. an amount due and payable under an annuity contract or insurance policy; and
new text end

new text begin vii. an amount distributable from a trust or custodial fund established under a plan to
provide health, welfare, pension, vacation, severance, retirement, death, stock purchase,
profit-sharing, employee savings, supplemental unemployment insurance, or a similar
benefit; and
new text end

new text begin (C) does not include:
new text end

new text begin i. property held in a plan described in section 529A of the Internal Revenue Code, as
amended, United States Code, title 26, section 529A;
new text end

new text begin ii. game-related digital content;
new text end

new text begin iii. a loyalty card;
new text end

new text begin iv. a gift card; or
new text end

new text begin v. money held or owing by a public pension fund enumerated in section 356.20,
subdivision 2, or 356.30, subdivision 3; or covered by sections 69.77 or 69.771 to 69.776,
if the plan governing the public pension fund includes a provision governing the disposition
of unclaimed amounts of money.
new text end

new text begin (27) "Putative holder" means a person believed by the administrator to be a holder, until
the person pays or delivers to the administrator property subject to this chapter or the
administrator or a court makes a final determination that the person is or is not a holder.
new text end

new text begin (28) "Record" means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form. "Records of the
holder" includes records maintained by a third party that has contracted with the holder.
new text end

new text begin (29) "Security" means:
new text end

new text begin (A) a security as defined in article 8 of the Uniform Commercial Code, section 336.8-102;
new text end

new text begin (B) a security entitlement as defined in article 8 of the Uniform Commercial Code,
section 336.8-102, including a customer security account held by a registered broker-dealer,
to the extent the financial assets held in the security account are not:
new text end

new text begin i. registered on the books of the issuer in the name of the person for which the
broker-dealer holds the assets;
new text end

new text begin ii. payable to the order of the person; or
new text end

new text begin iii. specifically endorsed to the person; or
new text end

new text begin (C) an equity interest in a business association not included in subparagraph (A) or (B).
new text end

new text begin (30) "State" means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular
possession subject to the jurisdiction of the United States.
new text end

new text begin (31) "Stored-value card" means a record evidencing a promise made for consideration
by the seller or issuer of the record that goods, services, or money will be provided to the
owner of the record to the value or amount shown in the record. Stored-value card:
new text end

new text begin (A) includes:
new text end

new text begin i. a record that contains or consists of a microprocessor chip, magnetic strip, or other
means for the storage of information, which is prefunded and whose value or amount is
decreased on each use and increased by payment of additional consideration; and
new text end

new text begin ii. a payroll card; and
new text end

new text begin (B) does not include a loyalty card, gift card, or game-related digital content.
new text end

new text begin (32) "Utility" means a person that owns or operates for public use a plant, equipment,
real property, franchise, or license for the following public services:
new text end

new text begin (A) transmission of communications or information;
new text end

new text begin (B) production, storage, transmission, sale, delivery, or furnishing of electricity, water,
steam, or gas; or
new text end

new text begin (C) provision of sewage or septic services, or trash, garbage, or recycling disposal.
new text end

new text begin (33) "Virtual currency" means a digital representation of value used as a medium of
exchange, unit of account, or store of value, which does not have legal tender status
recognized by the United States. Virtual currency does not include:
new text end

new text begin (A) the software or protocols governing the transfer of the digital representation of value;
new text end

new text begin (B) game-related digital content; or
new text end

new text begin (C) a loyalty card or gift card.
new text end

new text begin (34) "Worthless security" means a security whose cost of liquidation and delivery to the
administrator would exceed the value of the security on the date a report is due under this
chapter.
new text end

Sec. 2.

new text begin [345A.102] INAPPLICABILITY TO FOREIGN TRANSACTION.
new text end

new text begin This chapter does not apply to property held, due, and owing in a foreign country if the
transaction out of which the property arose was a foreign transaction.
new text end

ARTICLE 18

UNCLAIMED PROPERTY; PRESUMPTION OF ABANDONMENT

Section 1.

new text begin [345A.201] WHEN PROPERTY PRESUMED ABANDONED.
new text end

new text begin Subject to section 345A.210, the following property is presumed abandoned if it is
unclaimed by the apparent owner during the period specified below:
new text end

new text begin (1) a traveler's check, 15 years after issuance;
new text end

new text begin (2) a money order, seven years after issuance;
new text end

new text begin (3) cooperative property, including any profit distribution or other sum held or owing
by a cooperative to a participating patron is presumed abandoned only if it has remained
unclaimed by the owner for more than seven years after it became payable or distributable;
new text end

new text begin (4) a state or municipal bond, bearer bond, or original-issue discount bond, three years
after the earliest of the date the bond matures or is called or the obligation to pay the principal
of the bond arises;
new text end

new text begin (5) a debt of a business association, three years after the obligation to pay arises;
new text end

new text begin (6) demand, savings, or time deposit, including a deposit that is automatically renewable,
three years after the later of the maturity or the date of the last indication of interest in the
property by the apparent owner, except a deposit that is automatically renewable is deemed
matured three years after its initial date of maturity unless the apparent owner consented to
renewal in a record on file with the holder at or about the time of the renewal;
new text end

new text begin (7) money or a credit owed to a customer as a result of a retail business transaction, other
than in-store credit for returned merchandise, three years after the obligation arose;
new text end

new text begin (8) an amount owed by an insurance company on a life or endowment insurance policy
or an annuity contract that has matured or terminated, three years after the obligation to pay
arose under the terms of the policy or contract or, if a policy or contract for which an amount
is owed on proof of death has not matured by proof of the death of the insured or annuitant,
as follows:
new text end

new text begin (A) with respect to an amount owed on a life or endowment insurance policy, the earlier
of:
new text end

new text begin i. three years after the death of the insured; or
new text end

new text begin ii. two years after the insured has attained, or would have attained if living, the limiting
age under the mortality table in which the reserve for the policy is based; and
new text end

new text begin (B) with respect to an amount owed on an annuity contract, three years after the date of
the death of the annuitant;
new text end

new text begin (9) funds on deposit or held in trust for the prepayment of funeral or other funeral-related
expenses, the earliest of:
new text end

new text begin (A) two years after the date of death of the beneficiary;
new text end

new text begin (B) one year after the date the beneficiary has attained, or would have attained if living,
the age of 105 where the holder does not know whether the beneficiary is deceased; or
new text end

new text begin (C) 30 years after the contract for prepayment was executed;
new text end

new text begin (10) property distributable by a business association in the course of dissolution, one
year after the property becomes distributable;
new text end

new text begin (11) property held by a court, including property received as proceeds of a class action,
three years after the property becomes distributable;
new text end

new text begin (12) property held by a government or governmental subdivision, agency, or
instrumentality, including municipal bond interest and unredeemed principal under the
administration of a paying agent or indenture trustee, one year after the property becomes
distributable;
new text end

new text begin (13) wages, commissions, bonuses, or reimbursements to which an employee is entitled,
or other compensation for personal services, including amounts held on a payroll card, one
year after the amount becomes payable;
new text end

new text begin (14) a deposit or refund owed to a subscriber by a utility, one year after the deposit or
refund becomes payable; and
new text end

new text begin (15) property not specified in this section or sections 345A.202 to 345A.208, the earlier
of three years after the owner first has a right to demand the property or the obligation to
pay or distribute the property arises.
new text end

new text begin Notwithstanding any provision in this section to the contrary, and subject to section
345A.210, a deceased owner cannot indicate interest in the owner's property. If the owner
is deceased and the abandonment period for the owner's property specified in this section
is greater than two years, then the property, excluding any amounts owed by an insurance
company on a life or endowment insurance policy or an annuity contract that has matured
or terminated, shall instead be presumed abandoned two years from the date of the owner's
last indication of interest in the property.
new text end

Sec. 2.

new text begin [345A.202] WHEN TAX-DEFERRED RETIREMENT ACCOUNT
PRESUMED ABANDONED.
new text end

new text begin (a) Subject to section 345A.210, property held in a pension account or retirement account
that qualifies for tax deferral under the income tax laws of the United States is presumed
abandoned if it is unclaimed by the apparent owner after the later of:
new text end

new text begin (1) three years after the following dates:
new text end

new text begin (A) except as in subparagraph (B), the date a communication sent by the holder by
first-class United States mail to the apparent owner is returned to the holder undelivered by
the United States Postal Service; or
new text end

new text begin (B) if such communication is re-sent within 30 days after the date the first communication
is returned undelivered, the date the second communication was returned undelivered by
the United States Postal Service; or
new text end

new text begin (2) the earlier of the following dates:
new text end

new text begin (A) three years after the date the apparent owner becomes 70.5 years of age, if
determinable by the holder; or
new text end

new text begin (B) one year after the date of mandatory distribution following death if the Internal
Revenue Code, as amended, United States Code, title 26, section 1, et seq., requires
distribution to avoid a tax penalty and the holder:
new text end

new text begin (i) receives confirmation of the death of the apparent owner in the ordinary course of
its business; or
new text end

new text begin (ii) confirms the death of the apparent owner under subsection (b).
new text end

new text begin (b) If a holder in the ordinary course of its business receives notice or an indication of
the death of an apparent owner and subsection (a)(2) applies, the holder shall attempt, not
later than 90 days after receipt of the notice or indication, to confirm whether the apparent
owner is deceased.
new text end

new text begin (c) If the holder does not send communications to the apparent owner of an account
described in subsection (a) by first-class United States mail, the holder shall attempt to
confirm the apparent owner's interest in the property by sending the apparent owner an
e-mail communication not later than two years after the apparent owner's last indication of
interest in the property; however, the holder promptly shall attempt to contact the apparent
owner by first-class United States mail if:
new text end

new text begin (1) the holder does not have information needed to send the apparent owner an e-mail
communication or the holder believes that the apparent owner's e-mail address in the holder's
records is not valid;
new text end

new text begin (2) the holder receives notification that the e-mail communication was not received; or
new text end

new text begin (3) the apparent owner does not respond to the e-mail communication not later than 30
days after the communication was sent.
new text end

new text begin (d) If first-class United States mail sent under subsection (c) is returned to the holder
undelivered by the United States Postal Service, the property is presumed abandoned three
years after the later of:
new text end

new text begin (1) except as in paragraph (2), the date a communication to contact the apparent owner
sent by first-class United States mail is returned to the holder undelivered;
new text end

new text begin (2) if such communication is sent later than 30 days after the date the first communication
is returned undelivered, the date the second communication was returned undelivered; or
new text end

new text begin (3) the date established by subsection (a)(2).
new text end

Sec. 3.

new text begin [345A.203] WHEN OTHER TAX-DEFERRED ACCOUNT PRESUMED
ABANDONED.
new text end

new text begin (a) Subject to section 345A.210 and except for property described in section 345A.202
and property held in a plan described in section 529A of the Internal Revenue Code, as
amended; United States Code, title 26, section 529A, property held in an account or plan,
including a health savings account, that qualifies for tax deferral under the income tax laws
of the United States is presumed abandoned if it is unclaimed by the apparent owner three
years after the earlier of:
new text end

new text begin (1) the date, if determinable by the holder, specified in the income tax laws and
regulations of the United States by which distribution of the property must begin to avoid
a tax penalty, with no distribution having been made; or
new text end

new text begin (2) 30 years after the date the account was opened.
new text end

new text begin (b) If the owner is deceased, property subject to this section is presumed abandoned two
years from the earliest of:
new text end

new text begin (1) the date of the distribution or attempted distribution of the property;
new text end

new text begin (2) the date the required distribution as stated in the plan or trust agreement governing
the plan; or
new text end

new text begin (3) the date, if determinable by the holder, specified in the income tax laws of the United
States by which distribution of the property must begin in order to avoid a tax penalty.
new text end

Sec. 4.

new text begin [345A.204] WHEN CUSTODIAL ACCOUNT FOR MINOR PRESUMED
ABANDONED.
new text end

new text begin (a) Subject to section 345A.210, property held in an account established under a state's
Uniform Gifts to Minors Act or Uniform Transfers to Minors Act is presumed abandoned
if it is unclaimed by or on behalf of the minor on whose behalf the account was opened
three years after the later of:
new text end

new text begin (1) except as in paragraph (2), the date a communication sent by the holder by first-class
United States mail to the custodian of the minor on whose behalf the account was opened
is returned undelivered to the holder by the United States Postal Service;
new text end

new text begin (2) if the communication is re-sent later than 30 days after the date the first
communication is returned undelivered, the date the second communication was returned
undelivered; or
new text end

new text begin (3) the date on which the custodian is required to transfer the property to the minor or
the minor's estate in accordance with the Uniform Gifts to Minors Act or Uniform Transfers
to Minors Act of the state in which the account was opened.
new text end

new text begin (b) If the holder does not send communications to the custodian of the minor on whose
behalf an account described in subsection (a) was opened by first-class United States mail,
the holder shall attempt to confirm the custodian's interest in the property by sending the
custodian an e-mail communication not later than two years after the custodian's last
indication of interest in the property; however, the holder promptly shall attempt to contact
the custodian by first-class United States mail if:
new text end

new text begin (1) the holder does not have information needed to send the custodian an e-mail
communication or the holder believes that the custodian's e-mail address in the holder's
records is not valid;
new text end

new text begin (2) the holder receives notification that the e-mail communication was not received; or
new text end

new text begin (3) the custodian does not respond to the e-mail communication not later than 30 days
after the communication was sent.
new text end

new text begin (c) If first-class United States mail sent under subsection (b) is returned undelivered to
the holder by the United States Postal Service, the property is presumed abandoned three
years after the later of:
new text end

new text begin (1) the date a communication to contact the custodian by first-class United States mail
is returned to the holder undelivered by the United States Postal Service; or
new text end

new text begin (2) the date established by subsection (a)(3).
new text end

new text begin (d) When the property in the account described in subsection (a) is transferred to the
minor on whose behalf an account was opened or to the minor's estate, the property in the
account is no longer subject to this section.
new text end

Sec. 5.

new text begin [345A.205] WHEN CONTENTS OF SAFE DEPOSIT BOX PRESUMED
ABANDONED.
new text end

new text begin Tangible property held in a safe deposit box and proceeds from a sale of the property
by the holder permitted by law of this state other than this chapter are presumed abandoned
if the property remains unclaimed by the apparent owner five years after the earlier of the:
new text end

new text begin (1) expiration of the lease or rental period for the safe deposit box; or
new text end

new text begin (2) earliest date when the lessor of the safe deposit box is authorized by law of this state
other than this chapter to enter the safe deposit box and remove or dispose of the contents
without consent or authorization of the lessee.
new text end

Sec. 6.

new text begin [345A.206] WHEN STORED-VALUE CARD PRESUMED ABANDONED.
new text end

new text begin (a) Subject to section 345A.210, the net card value of a stored-value card, other than a
payroll card or a gift card, is presumed abandoned on the latest of three years after:
new text end

new text begin (1) December 31 of the year in which the card is issued or additional funds are deposited
into it;
new text end

new text begin (2) the most recent indication of interest in the card by the apparent owner; or
new text end

new text begin (3) a verification or review of the balance by or on behalf of the apparent owner.
new text end

new text begin (b) The amount presumed abandoned in a stored-value card is the net card value at the
time it is presumed abandoned.
new text end

new text begin (c) If a holder has reported and remitted to the administrator the net card value on a
stored-value card presumed abandoned under this section and the stored-value card does
not have an expiration date, then the holder must honor the card on presentation indefinitely
and may then request reimbursement from the administrator under section 345A.605.
new text end

Sec. 7.

new text begin [345A.208] WHEN SECURITY PRESUMED ABANDONED.
new text end

new text begin (a) Subject to section 345A.210, a security is presumed abandoned after the earlier of
the following:
new text end

new text begin (1) three years after the date a communication sent by the holder by first-class United
States mail to the apparent owner is returned to the holder undelivered by the United States
Postal Service or if such communication is re-sent no later than 30 days after the first
communication is returned, the date the second communication is returned undelivered to
the holder by the United States Postal Service; or
new text end

new text begin (2) five years after the date of the apparent owner's last indication of interest in the
security.
new text end

new text begin (b) If the holder does not send communications to the apparent owner of a security by
first-class United States mail, the holder shall attempt to confirm the apparent owner's
interest in the security by sending the apparent owner an e-mail communication not later
than two years after the apparent owner's last indication of interest in the security; however,
the holder promptly shall attempt to contact the apparent owner by first-class United States
mail if:
new text end

new text begin (1) the holder does not have information needed to send the apparent owner an e-mail
communication or the holder believes that the apparent owner's e-mail address in the holder's
records is not valid;
new text end

new text begin (2) the holder receives notification that the e-mail communication was not received; or
new text end

new text begin (3) the apparent owner does not respond to the e-mail communication not later than 30
days after the communication was sent.
new text end

new text begin (c) If first-class United States mail sent under subsection (b) is returned to the holder
undelivered by the United States Postal Service, the security is presumed abandoned in
accordance with subsection (a)(2).
new text end

new text begin (d) If a holder, in the ordinary course of business, receives notice or an indication of the
death of an apparent owner, the holder shall attempt, not later than 90 days after receipt of
the notice or indication, to confirm whether the apparent owner is deceased. Notwithstanding
the standards set forth in subsections (a), (b), and (c), if the holder either receives
confirmation of the death of the apparent owner in the ordinary course of business or confirms
the death of the apparent owner under this subsection, then the property shall be presumed
abandoned two years after the date of the owner's death.
new text end

Sec. 8.

new text begin [345A.209] WHEN RELATED PROPERTY PRESUMED ABANDONED.
new text end

new text begin At and after the time property is presumed abandoned under this chapter, any other
property right or interest accrued or accruing from the property and not previously presumed
abandoned is also presumed abandoned.
new text end

Sec. 9.

new text begin [345A.210] INDICATION OF APPARENT OWNER INTEREST IN
PROPERTY.
new text end

new text begin (a) The period after which property is presumed abandoned is measured from the later:
new text end

new text begin (1) the date the property is presumed abandoned under sections 345A.201 to 345A.211;
or
new text end

new text begin (2) the latest indication of interest by the apparent owner in the property.
new text end

new text begin (b) Under this chapter, an indication of an apparent owner's interest in property includes:
new text end

new text begin (1) a record communicated by the apparent owner to the holder or agent of the holder
concerning the property or the account in which the property is held;
new text end

new text begin (2) an oral communication by the apparent owner to the holder or agent of the holder
concerning the property or the account in which the property is held, if the holder or its
agent contemporaneously makes and preserves a record of the fact of the apparent owner's
communication;
new text end

new text begin (3) presentment of a check or other instrument of payment of a dividend, interest payment,
or other distribution, or evidence of receipt of a distribution made by electronic or similar
means, with respect to an account, underlying security, or interest in a business association.
new text end

new text begin (4) activity directed by an apparent owner in the account in which the property is held,
including accessing the account or information concerning the account, or a direction by
the apparent owner to increase, decrease, or otherwise change the amount or type of property
held in the account;
new text end

new text begin (5) a deposit into or withdrawal from an account at a financial organization, except for
an automatic debit or credit previously authorized by the apparent owner or an automatic
reinvestment of dividends or interest; and
new text end

new text begin (6) subject to subsection (e), payment of a premium on an insurance policy.
new text end

new text begin (c) An action by an agent or other representative of an apparent owner, other than the
holder acting as the apparent owner's agent, is presumed to be an action on behalf of the
apparent owner.
new text end

new text begin (d) A communication with an apparent owner by a person other than the holder or the
holder's representative is not an indication of interest in the property by the apparent owner
unless a record of the communication evidences the apparent owner's knowledge of a right
to the property.
new text end

new text begin (e) If the insured dies or the insured or beneficiary of an insurance policy otherwise
becomes entitled to the proceeds before depletion of the cash surrender value of the policy
by operation of an automatic premium loan provision or other nonforfeiture provision
contained in the policy, the operation does not prevent the policy from maturing or
terminating.
new text end

new text begin (f) If the apparent owner has other property with the holder to which section 345A.201,
paragraph (6), applies, the activity directed by the apparent owner toward any other accounts,
including but not limited to loan accounts, at the financial organization holding an inactive
account of the apparent owner shall be an indication of interest in all such accounts if:
new text end

new text begin (1) the apparent owner engages in one or more of the following activities:
new text end

new text begin (A) the apparent owner undertakes one or more of the actions described in subsection
(b) regarding an account that appears on a consolidated statement with the inactive account;
new text end

new text begin (B) the apparent owner increases or decreases the amount of funds in any other account
the apparent owner has with the financial organization; or
new text end

new text begin (C) the apparent owner engages in any other relationship with the financial organization,
including payment of any amounts due on a loan; and
new text end

new text begin (2) the mailing address for the apparent owner in the financial organization's records is
the same for both the inactive account and the active account.
new text end

Sec. 10.

new text begin [345A.211] KNOWLEDGE OF DEATH OF INSURED OR ANNUITANT.
new text end

new text begin (a) In this section, "death master file" ("DMF") means the United States Social Security
Administration Death Master File or other database or service that is at least as
comprehensive as the United States Social Security Administration Death Master File for
determining that an individual reportedly has died.
new text end

new text begin (b) With respect to a life or endowment insurance policy or annuity contract for which
an amount is owed on proof of death, but which has not matured by proof of death of the
insured or annuitant, the company has knowledge of the death of an insured or annuitant
when:
new text end

new text begin (1) the company receives a death certificate or court order determining that the insured
or annuitant has died;
new text end

new text begin (2) the company receives notice of the death of the insured or annuitant from the
administrator or an unclaimed property administrator of another state, a beneficiary, a policy
owner, a relative of the insured, a representative under the Probate Act of 1975, or an
executor or other legal representative of the insured's or annuitant's estate and validates the
death of the insured or annuitant;
new text end

new text begin (3) the company conducts a comparison for any purpose between a DMF and the names
of some or all of the company's insureds or annuitants, finds a match that provides notice
that the insured or annuitant has died, and validates the death; or
new text end

new text begin (4) the administrator or the administrator's agent conducts a comparison for the purpose
of finding matches during an examination conducted under this chapter between a DMF
and the names of some or all of the company's insureds or annuitants, and finds a match
that provides notice that the insured or annuitant has died.
new text end

new text begin (c) A holder shall perform a comparison of its insureds' in-force policies, annuity
contracts, and retained asset accounts against a DMF on at least a semiannual basis by using
the full DMF once and thereafter using DMF updated files for future comparisons to identify
potential matches of its insureds.
new text end

new text begin (d) A death master file match under subsection (b)(3) or (4) occurs if the criteria for an
exact or partial match are satisfied.
new text end

new text begin (1) an exact match occurs when the Social Security number, first and last name, and
date of birth contained in the holder's records matches exactly to the data contained in the
DMF;
new text end

new text begin (2) a partial match occurs in any of the following circumstances:
new text end

new text begin (A) when the Social Security number contained in the data found in the holder's records
matches exactly or in accordance with the fuzzy match criteria listed below to the Social
Security number contained in the DMF, the first and last names match either exactly or in
accordance with the fuzzy match criteria listed below, and the date of birth matches exactly
or in accordance with the fuzzy match criteria listed below;
new text end

new text begin (B) when the holder's records do not include a Social Security number or where the
Social Security number is incomplete or otherwise invalid, and there is a first name, last
name, and date of birth combination in the holder's data that is a match against the data
contained in the DMF where the first and last names match either exactly or in accordance
with the fuzzy match criteria listed below and the date of birth matches exactly or in
accordance with the fuzzy match criteria listed below;
new text end

new text begin (C) if there is more than one potentially matched individual returned as a result of the
process described in paragraphs (A) and (B) above, the holder shall search the Social Security
numbers obtained from the DMF for the potential matched individuals against Accurint for
Insurance or an equivalent database. If a search of those databases shows that the DMF
Social Security number is listed at the address in the holder's records for the insured, a
partial match will be considered to have been made only for individuals with a matching
address;
new text end

new text begin (D) fuzzy match criteria includes the following:
new text end

new text begin (i) a first name fuzzy match includes one or more of the following: a nickname; an initial
instead of a full first name; accepted industry standard phonetic name-matching algorithm;
data entry mistakes with a maximum difference of one character with at least five characters
in length; a first and last name are provided and cannot be reliably distinguished from one
another; use of interchanged first name and middle name; a misused compound name; and
the use of a "Mrs." in conjunction with a spouse's name where the date of birth and Social
Security number match exactly and the last name matches exactly or in accordance with
the fuzzy match criteria listed herein;
new text end

new text begin (ii) a last name fuzzy match includes one or more of the following: Anglicized forms
of last names; compound last name; blank spaces in last name; accepted industry standard
phonetic name-matching algorithm; a first and last name are provided and cannot be reliably
distinguished from one another; use of apostrophe or other punctuation; data entry mistakes
with a maximum difference of one character for last name with at least eight characters in
length; and married female last name variations;
new text end

new text begin (iii) a date of birth fuzzy match includes one of the following: two dates with a maximum
of two digits in difference, but only one entry mistake per full date is allowable; transposition
of the month and date portion of the date of birth; if the holder's records do not contain a
complete date of birth, then a fuzzy match date of birth will be found to exist where the data
available in the holder's records does not conflict with the data contained in the DMF; if
the holder provided a first and last name match, either exactly or in accordance with the
fuzzy match criteria herein and the Social Security number matches exactly against the
DMF, the date of birth is a fuzzy match if the holder provided a date of birth that is within
two years of the DMF-listed date of birth;
new text end

new text begin (iv) a Social Security number fuzzy match includes one of the following: two Social
Security numbers with a maximum of two digits in difference, any number position; two
consecutive numbers are transposed; and the Social Security number is less than nine digits
in length, but at least seven digits, and is entirely embedded within the other Social Security
number;
new text end

new text begin (3) the DMF match does not constitute proof of death for the purpose of submission to
an insurance company of a claim by a beneficiary, annuitant, or owner of the policy or
contract for an amount due under an insurance policy or annuity contract;
new text end

new text begin (4) the DMF match or validation of the insured's or annuitant's death does not alter the
requirements for a beneficiary, annuitant, or owner of the policy or contract to make a claim
to receive proceeds under the terms of the policy or contract;
new text end

new text begin (5) an insured or an annuitant is presumed dead if the date of the person's death is
indicated by the DMF match under either subsection (b)(3) or (4), unless the insurer has
competent and substantial evidence that the person is living, including but not limited to a
contact made by the insurer with the person or the person's legal representation.
new text end

new text begin (e) This chapter does not affect the determination of the extent to which an insurance
company before the effective date of this chapter had knowledge of the death of an insured
or annuitant or was required to conduct a DMF comparison to determine whether amounts
owed by the company on a life or endowment insurance policy or annuity contract were
presumed abandoned or unclaimed.
new text end

Sec. 11.

new text begin [345A.211] DEPOSIT ACCOUNT FOR PROCEEDS OF INSURANCE
POLICY OR ANNUITY CONTRACT.
new text end

new text begin If proceeds payable under a life or endowment insurance policy or annuity contract are
deposited into an account with check or draft-writing privileges for the beneficiary of the
policy or contract and, under a supplementary contract not involving annuity benefits other
than death benefits, the proceeds are retained by the insurance company or the financial
organization where the account is held, the policy or contract includes the assets in the
account.
new text end

ARTICLE 19

UNCLAIMED PROPERTY; RULES FOR TAKING CUSTODY OF PROPERTY
PRESUMED ABANDONED

Section 1.

new text begin [345A.301] ADDRESS OF APPARENT OWNER TO ESTABLISH
PRIORITY.
new text end

new text begin In sections 345A.301 to 345A.307, the following rules apply:
new text end

new text begin (1) The last known address of an apparent owner is any description, code, or other
indication of the location of the apparent owner which identifies the state, even if the
description, code, or indication of location is not sufficient to direct the delivery of first-class
United States mail to the apparent owner.
new text end

new text begin (2) If the United States postal zip code associated with the apparent owner is for a post
office located in this state, this state is deemed to be the state of the last known address of
the apparent owner unless other records associated with the apparent owner specifically
identify the physical address of the apparent owner to be in another state.
new text end

new text begin (3) If the address under paragraph (2) is in another state, the other state is deemed to be
the state of the last known address of the apparent owner.
new text end

new text begin (4) The address of the apparent owner of a life or endowment insurance policy or annuity
contract or its proceeds is presumed to be the address of the insured or annuitant if a person
other than the insured or annuitant is entitled to the amount owed under the policy or contract
and the address of the other person is not known by the insurance company and cannot be
determined under section 345A.302.
new text end

Sec. 2.

new text begin [345A.302] ADDRESS OF APPARENT OWNER IN THIS STATE.
new text end

new text begin The administrator may take custody of property that is presumed abandoned, whether
located in this state, another state, or a foreign country, if:
new text end

new text begin (1) the last known address of the apparent owner in the records of the holder is in this
state; or
new text end

new text begin (2) the records of the holder do not reflect the identity or last known address of the
apparent owner, but the administrator has determined that the last known address of the
apparent owner is in this state.
new text end

Sec. 3.

new text begin [345A.303] IF RECORDS SHOW MULTIPLE ADDRESSES OF APPARENT
OWNER.
new text end

new text begin (a) Except as provided in subsection (b), if records of a holder reflect multiple addresses
for an apparent owner and this state is the state of the last known address, this state may
take custody of property presumed abandoned, whether located in this state or another state.
new text end

new text begin (b) If it appears from records of the holder that the last known address of the apparent
owner under subsection (a) is a temporary address and this state is the state of the next most
recently recorded address that is not a temporary address, this state may take custody of the
property presumed abandoned.
new text end

Sec. 4.

new text begin [345A.304] HOLDER DOMICILED IN THIS STATE.
new text end

new text begin (a) Except as provided in subsection (b) or section 345A.302 or 345A.303, the
administrator may take custody of property presumed abandoned, whether located in this
state, another state, or a foreign country, if the holder is domiciled in this state, another state,
or a governmental subdivision, agency, or instrumentality of this state and:
new text end

new text begin (1) another state or foreign country is not entitled to the property because there is no last
known address of the apparent owner or other person entitled to the property in the records
of the holder; or
new text end

new text begin (2) the state or foreign country of the last known address of the apparent owner or other
person entitled to the property does not provide for custodial taking of the property.
new text end

new text begin (b) Property is not subject to custody of the administrator under subsection (a) if the
property is specifically exempt from custodial taking under the law of this state, another
state, or foreign country of the last known address of the apparent owner.
new text end

new text begin (c) If a holder's state of domicile has changed since the time the property was presumed
abandoned, the holder's state of domicile in this section is deemed to be the state where the
holder was domiciled at the time the property was presumed abandoned.
new text end

Sec. 5.

new text begin [345A.305] CUSTODY IF TRANSACTION TOOK PLACE IN THIS STATE.
new text end

new text begin Except as provided in sections 345A.302 to 345A.304, the administrator may take custody
of property presumed abandoned whether located in this state or another state if:
new text end

new text begin (1) the transaction out of which the property arose took place in this state;
new text end

new text begin (2) the holder is domiciled in a state that does not provide for the custodial taking of the
property, except that if the property is specifically exempt from custodial taking under the
law of the state of the holder's domicile, the property is not subject to the custody of the
administrator; and
new text end

new text begin (3) the last known address of the apparent owner or other person entitled to the property
is unknown or in a state that does not provide for the custodial taking of the property, except
that if the property is specifically exempt from custodial taking under the law of the state
of the last known address, the property is not subject to the custody of the administrator.
new text end

Sec. 6.

new text begin [345A.306] TRAVELER'S CHECK, MONEY ORDER, OR SIMILAR
INSTRUMENT.
new text end

new text begin The administrator may take custody of sums payable on a traveler's check, money order,
or similar instrument presumed abandoned to the extent permissible under United States
Code, title 12, sections 2501 through 2503, as amended.
new text end

Sec. 7.

new text begin [345A.307] BURDEN OF PROOF TO ESTABLISH ADMINISTRATOR'S
RIGHT TO CUSTODY.
new text end

new text begin Subject to this chapter, if the administrator asserts a right to custody of unclaimed
property and there is a dispute concerning such property, the administrator has the initial
burden to prove:
new text end

new text begin (1) the amount of the property;
new text end

new text begin (2) the property is presumed abandoned; and
new text end

new text begin (3) the property is subject to the custody of the administrator.
new text end

ARTICLE 20

UNCLAIMED PROPERTY; REPORT BY HOLDER

Section 1.

new text begin [345A.401] REPORT REQUIRED BY HOLDER.
new text end

new text begin (a) A holder of property presumed abandoned and subject to the custody of the
administrator shall report in a record to the administrator concerning the property. A holder
shall submit an electronic report in a format prescribed by, and acceptable to, the
administrator.
new text end

new text begin (b) A holder may contract with a third party to make the report required under subsection
(a).
new text end

new text begin (c) Whether or not a holder contracts with a third party under subsection (b), the holder
is responsible:
new text end

new text begin (1) to the administrator for the complete, accurate, and timely reporting of property
presumed abandoned; and
new text end

new text begin (2) for paying or delivering to the administrator property described in the report.
new text end

Sec. 2.

new text begin [345A.402] CONTENT OF REPORT.
new text end

new text begin (a) The report required under section 345A.401 must:
new text end

new text begin (1) be signed by or on behalf of the holder and verified as to its completeness and
accuracy;
new text end

new text begin (2) be filed electronically, unless exception is granted, and be in a secure format approved
by the administrator which protects confidential information of the apparent owner;
new text end

new text begin (3) describe the property;
new text end

new text begin (4) except for a traveler's check, money order, or similar instrument, contain the name,
if known, last known address, if known, and Social Security number or taxpayer identification
number, if known or readily ascertainable, of the apparent owner of property with a value
of $50 or more;
new text end

new text begin (5) for an amount held or owing under a life or endowment insurance policy or annuity
contract, contain the name and last known address of the insured, annuitant, or other apparent
owner of the policy or contract and of the beneficiary;
new text end

new text begin (6) for property held in or removed from a safe deposit box, indicate the location of the
property, and where it may be inspected by the administrator;
new text end

new text begin (7) contain the commencement date for determining abandonment under sections
345A.201 to 345A.211;
new text end

new text begin (8) state that the holder has complied with the notice requirements of section 345A.501;
new text end

new text begin (9) identify property that is a nonfreely transferable security and explain why it is a
nonfreely transferable security; and
new text end

new text begin (10) contain other information prescribed by the administrator.
new text end

new text begin (b) A report under section 345A.401 may include in the aggregate items valued under
$50 each. If the report includes items in the aggregate valued under $50 each, the
administrator may not require the holder to provide the name and address of an apparent
owner of an item unless the information is necessary to verify or process a claim in progress
by the apparent owner.
new text end

new text begin (c) A report under section 345A.401 may include personal information as defined in
section 345A.401(a) about the apparent owner or the apparent owner's property.
new text end

new text begin (d) If a holder has changed its name while holding property presumed abandoned or is
a successor to another person that previously held the property for the apparent owner, the
holder must include in the report under section 345A.401 its former name or the name of
the previous holder, if any, and the known name and address of each previous holder of the
property.
new text end

Sec. 3.

new text begin [345A.403] WHEN REPORT TO BE FILED.
new text end

new text begin (a) Except as otherwise provided in subsection (b) and subject to subsection (c), the
report under section 345A.401 must be filed before November 1 of each year and cover the
12 months preceding July 1 of that year.
new text end

new text begin (b) Subject to subsection (c), the report under section 345A.401 to be filed by an insurance
company must be filed before May 1 of each year for the immediately preceding calendar
year.
new text end

new text begin (c) Before the date for filing the report under section 345A.401, the holder of property
presumed abandoned may request the administrator to extend the time for filing. The
administrator may grant an extension. If the extension is granted, the holder may pay or
make a partial payment of the amount the holder estimates ultimately will be due. The
payment or partial payment terminates accrual of interest on the amount paid.
new text end

Sec. 4.

new text begin [345A.404] RETENTION OF RECORDS BY HOLDER.
new text end

new text begin A holder required to file a report under section 345A.401 shall retain records for ten
years after the later of the date the report was filed or the last date a timely report was due
to be filed, unless a shorter period is provided by rule of the administrator. The holder may
satisfy the requirement to retain records under this section through an agent. The records
must contain:
new text end

new text begin (1) the information required to be included in the report;
new text end

new text begin (2) the date, place, and nature of the circumstances that gave rise to the property right;
new text end

new text begin (3) the amount or value of the property;
new text end

new text begin (4) the last known address of the apparent owner, if known to the holder; and
new text end

new text begin (5) if the holder sells, issues, or provides to others for sale or issue in this state traveler's
checks, money orders, or similar instruments, other than third-party bank checks, on which
the holder is directly liable, a record of the instruments while they remain outstanding,
indicating the state and date of issue.
new text end

Sec. 5.

new text begin [345A.405] PROPERTY REPORTABLE AND PAYABLE OR
DELIVERABLE ABSENT OWNER DEMAND.
new text end

new text begin Property is reportable and payable or deliverable under this chapter even if the owner
fails to make demand or present an instrument or document otherwise required to obtain
payment.
new text end

ARTICLE 21

UNCLAIMED PROPERTY; NOTICE TO APPARENT OWNER OF PROPERTY
PRESUMED ABANDONED

Section 1.

new text begin [345A.501] NOTICE TO APPARENT OWNER BY HOLDER.
new text end

new text begin (a) Subject to subsection (b), the holder of property presumed abandoned shall send to
the apparent owner notice by first-class United States mail that complies with section
345A.502 in a format acceptable to the administrator not more than 180 days nor less than
60 days before filing the report under section 345A.401 if:
new text end

new text begin (1) the holder has in its records an address for the apparent owner which the holder's
records do not disclose to be invalid and is sufficient to direct the delivery of first-class
United States mail to the apparent owner; and
new text end

new text begin (2) the value of the property is $50 or more.
new text end

new text begin (b) If an apparent owner has consented to receive e-mail delivery from the holder, the
holder shall send the notice described in subsection (a) both by first-class United States
mail to the apparent owner's last known mailing address and by e-mail, unless the holder
believes that the apparent owner's e-mail address is invalid.
new text end

new text begin (c) The holder of securities presumed abandoned under sections 345A.202, 345A.203,
or 345A.208 shall send the apparent owner notice by certified United States mail that
complies with section 345A.502, and in a format acceptable to the administrator, not less
than 60 days before filing the report under section 345A.401, if:
new text end

new text begin (1) the holder has in its records an address for the apparent owner which the holder's
records do not disclose to be invalid and is sufficient to direct the delivery of United States
mail to the apparent owner; and
new text end

new text begin (2) the value of the property is $1,000 or more.
new text end

new text begin (d) In addition to other indications of an apparent owner's interest in property pursuant
to section 345A.210, a signed return receipt in response to a notice sent pursuant to this
section by certified United States mail shall constitute a record communicated by the apparent
owner to the holder concerning the property or the account in which the property is held.
new text end

Sec. 2.

new text begin [345A.502] CONTENTS OF NOTICE BY HOLDER.
new text end

new text begin (a) Notice under section 345A.501 must contain a heading that reads substantially as
follows: "Notice. The State of Minnesota requires us to notify you that your property may
be transferred to the custody of the commissioner of commerce if you do not contact us
before (insert date that is 30 days after the date of this notice)."
new text end

new text begin (b) The notice under section 345A.501 must:
new text end

new text begin (1) identify the nature and, except for property that does not have a fixed value, the value
of the property that is the subject of the notice;
new text end

new text begin (2) state that the property will be turned over to the administrator;
new text end

new text begin (3) state that after the property is turned over to the administrator an apparent owner
that seeks return of the property must file a claim with the administrator;
new text end

new text begin (4) state that property that is not legal tender of the United States may be sold by the
administrator; and
new text end

new text begin (5) provide instructions that the apparent owner must follow to prevent the holder from
reporting and paying or delivering the property to the administrator.
new text end

Sec. 3.

new text begin [345A.503] NOTICE BY ADMINISTRATOR.
new text end

new text begin (a) The administrator shall give notice to an apparent owner that property presumed
abandoned and that appears to be owned by the apparent owner is held by the administrator
under this chapter.
new text end

new text begin (b) In providing notice under subsection (a), the administrator shall:
new text end

new text begin (1) publish every 12 months in at least one newspaper of general circulation in each
county in this state notice of property held by the administrator which must include:
new text end

new text begin (A) the total value of property received by the administrator during the preceding
12-month period, taken from the reports under section 345A.401;
new text end

new text begin (B) the total value of claims paid by the administrator during the preceding 12-month
period;
new text end

new text begin (C) the Internet address of the unclaimed property website maintained by the
administrator;
new text end

new text begin (D) a telephone number and e-mail address to contact the administrator to inquire about
or claim property; and
new text end

new text begin (E) a statement that a person may access the Internet by a computer to search for
unclaimed property and a computer may be available as a service to the public at a local
public library; and
new text end

new text begin (2) maintain a website or database accessible by the public and electronically searchable
which contains the names reported to the administrator of all apparent owners for whom
property is being held by the administrator. The administrator need not list property on such
website when:
new text end

new text begin (A) no owner name was reported;
new text end

new text begin (B) a claim has been initiated or is pending for the property;
new text end

new text begin (C) the administrator has made direct contact with the apparent owner of the property;
and
new text end

new text begin (D) other instances exist where the administrator reasonably believes exclusion of the
property is in the best interests of both the state and the owner of the property.
new text end

new text begin (c) The website or database maintained under subsection (b)(2) must include instructions
for filing with the administrator a claim to property and a printable claim form with
instructions for its use.
new text end

new text begin (d) In addition to giving notice under subsection (b), publishing the information under
subsection (b)(1), and maintaining the website or database under subsection (b)(2), the
administrator may use other printed publication, telecommunication, the Internet, or other
media to inform the public of the existence of unclaimed property held by the administrator.
new text end

ARTICLE 22

UNCLAIMED PROPERTY; TAKING CUSTODY OF PROPERTY BY
ADMINISTRATOR

Section 1.

new text begin [345A.601] DORMANCY CHARGE.
new text end

new text begin (a) A holder may deduct a dormancy charge from property required to be paid or delivered
to the administrator if:
new text end

new text begin (1) a valid contract between the holder and the apparent owner authorizes imposition of
the charge for the apparent owner's failure to claim the property within a specified time;
and
new text end

new text begin (2) the holder regularly imposes the charge and regularly does not reverse or otherwise
cancel the charge.
new text end

new text begin (b) The amount of the deduction under subsection (a) is limited to an amount that is not
unconscionable considering all relevant factors, including the marginal transactional costs
incurred by the holder in maintaining the apparent owner's property and any services received
by the apparent owner.
new text end

new text begin (c) A holder may not deduct an escheat fee or impose other charges solely by virtue of
property being reported as presumed abandoned.
new text end

Sec. 2.

new text begin [345A.602] PAYMENT OR DELIVERY OF PROPERTY TO
ADMINISTRATOR.
new text end

new text begin (a) Except as otherwise provided in this section, on filing a report under section 345A.401,
the holder shall pay or deliver to the administrator the property described in the report.
new text end

new text begin (b) If property in a report under section 345A.401 is an automatically renewable deposit
and a penalty or forfeiture in the payment of interest would result from paying the deposit
to the administrator at the time of the report, the date for payment of the property to the
administrator is extended until a penalty or forfeiture no longer would result from payment,
if the holder informs the administrator of the extended date.
new text end

new text begin (c) Tangible property in a safe deposit box may not be delivered to the administrator
until 60 days after filing the report under section 345A.401.
new text end

new text begin (d) If property reported to the administrator under section 345A.401 is a security, the
administrator may:
new text end

new text begin (1) make an endorsement, instruction, or entitlement order on behalf of the apparent
owner to invoke the duty of the issuer, its transfer agent, or the securities intermediary to
transfer the security; or
new text end

new text begin (2) dispose of the security under section 345A.702.
new text end

new text begin (e) If the holder of property reported to the administrator under section 345A.401 is the
issuer of a certificated security, the administrator may obtain a replacement certificate in
physical or book-entry form under section 336.8-405. An indemnity bond is not required.
new text end

new text begin (f) The administrator shall establish procedures for the registration, issuance, method
of delivery, transfer, and maintenance of securities delivered to the administrator by a holder.
new text end

new text begin (g) An issuer, holder, and transfer agent or other person acting under this section under
instructions of and on behalf of the issuer or holder is not liable to the apparent owner for,
and must be indemnified by the state against, a claim arising with respect to property after
the property has been delivered to the administrator.
new text end

new text begin (h) A holder is not required to deliver to the administrator a security identified by the
holder as a nonfreely transferable security. If the administrator or holder determines that a
security is no longer a nonfreely transferable security, the holder shall deliver the security
on the next regular date prescribed for delivery of securities under this chapter. The holder
shall make a determination annually whether a security identified in a report filed under
section 345A.401 as a nonfreely transferable security is no longer a nonfreely transferable
security.
new text end

Sec. 3.

new text begin [345A.603] EFFECT OF PAYMENT OR DELIVERY OF PROPERTY TO
ADMINISTRATOR.
new text end

new text begin On payment or delivery of property to the administrator under this chapter, the
administrator, as agent for the state, assumes custody and responsibility for safekeeping the
property. A holder that pays or delivers property to the administrator in good faith and
substantially complies with sections 345A.501 and 345A.502 is relieved of liability which
may arise thereafter with respect to the property so paid or delivered.
new text end

Sec. 4.

new text begin [345A.604] RECOVERY OF PROPERTY BY HOLDERS FROM
ADMINISTRATOR.
new text end

new text begin (a) A holder that under this chapter pays money to the administrator may file a claim
for reimbursement from the administrator of the amount paid if the holder:
new text end

new text begin (1) paid the money in error; or
new text end

new text begin (2) after paying the money to the administrator, paid money to a person the holder
reasonably believed entitled to the money.
new text end

new text begin (b) If a claim for return of property is made, the holder shall include with the claim
evidence sufficient to establish that the apparent owner has claimed the property from the
holder or that the property was delivered by the holder to the administrator in error.
new text end

Sec. 5.

new text begin [345A.605] CREDITING INCOME OR GAIN TO OWNER'S ACCOUNT.
new text end

new text begin If property other than money is delivered to the administrator, the owner is entitled to
receive from the administrator income or gain realized or accrued on the property before
the property is sold. If the property was interest-bearing, the administrator shall pay interest
at the lesser of the rate of the weekly average one-year constant maturity treasury yield, as
published by the Board of Governors of the Federal Reserve System, for the calendar week
preceding the beginning of the fiscal quarter in which the property was sold or the rate the
property earned while in the possession of the holder. Interest begins to accrue when the
property is delivered to the administrator and ends on the earlier of the expiration of ten
years after its delivery or the date on which payment is made to the owner.
new text end

Sec. 6.

new text begin [345A.606] ADMINISTRATOR'S OPTIONS AS TO CUSTODY.
new text end

new text begin (a) The administrator may decline to take custody of property reported under section
345A.401 if the administrator determines that:
new text end

new text begin (1) the property has a value less than the estimated expenses of notice and sale of the
property; or
new text end

new text begin (2) taking custody of the property would be unlawful.
new text end

new text begin (b) A holder may pay or deliver property to the administrator before the property is
presumed abandoned under this chapter if the holder:
new text end

new text begin (1) sends the apparent owner of the property notice required by section 345A.501 and
provides the administrator evidence of the holder's compliance with this paragraph;
new text end

new text begin (2) includes with the payment or delivery a report regarding the property conforming to
section 345A.402; and
new text end

new text begin (3) first obtains the administrator's written consent to accept payment or delivery.
new text end

new text begin (c) A holder's request for the administrator's consent under subsection (b)(3) must be in
a record. If the administrator fails to respond to the request not later than 30 days after
receipt of the request, the administrator is deemed to consent to the payment or delivery of
the property and the payment or delivery is considered to have been made in good faith.
new text end

new text begin (d) On payment or delivery of property under subsection (b), the property is presumed
abandoned.
new text end

Sec. 7.

new text begin [345A.607] DISPOSITION OF PROPERTY HAVING NO SUBSTANTIAL
VALUE; IMMUNITY FROM LIABILITY.
new text end

new text begin (a) If the administrator takes custody of property delivered under this chapter and later
determines that the property has no substantial commercial value or that the cost of disposing
of the property will exceed the value of the property, the administrator may return the
property to the holder or destroy or otherwise dispose of the property.
new text end

new text begin (b) An action or proceeding may not be commenced against the state, an agency of the
state, the administrator, another officer, employee, or agent of the state, or a holder for or
because of an act of the administrator under this section, except for intentional misconduct
or malfeasance.
new text end

Sec. 8.

new text begin [345A.608] PERIODS OF LIMITATION AND REPOSE.
new text end

new text begin (a) Expiration, before, on, or after the effective date of this chapter, of a period of
limitation on an owner's right to receive or recover property, whether specified by contract,
statute, or court order, does not prevent the property from being presumed abandoned or
affect the duty of a holder under this chapter to file a report or pay or deliver property to
the administrator.
new text end

new text begin (b) An action or proceeding may not be maintained by the administrator to enforce this
act's reporting, delivery, or payment requirements more than ten years after the holder
specifically identified the property in a report filed with the administrator, or gave express
notice to the administrator of a dispute regarding the property. In the absence of such a
report or other express notice, the period of limitation is tolled. The period of limitation is
also tolled by filing a fraudulent report.
new text end

ARTICLE 23

UNCLAIMED PROPERTY; SALE OF PROPERTY BY ADMINISTRATOR

Section 1.

new text begin [345A.701] PUBLIC SALE OF PROPERTY.
new text end

new text begin (a) Subject to section 345A.702, not earlier than three years after receipt of property
presumed abandoned, the administrator may sell the property.
new text end

new text begin (b) Before selling property under subsection (a), the administrator shall give notice to
the public of:
new text end

new text begin (1) the date of the sale; and
new text end

new text begin (2) a reasonable description of the property.
new text end

new text begin (c) A sale under subsection (a) must be to the highest bidder:
new text end

new text begin (1) at public sale at a location in this state which the administrator determines to be the
most favorable market for the property;
new text end

new text begin (2) on the Internet; or
new text end

new text begin (3) on another forum the administrator determines is likely to yield the highest net
proceeds of sale.
new text end

new text begin (d) The administrator may decline the highest bid at a sale under this section and reoffer
the property for sale if the administrator determines the highest bid is insufficient.
new text end

new text begin (e) If a sale held under this section is to be conducted other than on the Internet, the
administrator must publish at least one notice of the sale, at least two weeks but not more
than five weeks before the sale, in a newspaper of general circulation in the county in which
the property is sold. For purposes of this subsection, the reasonable description of property
to be sold required by subsection (b) may be satisfied by posting such information on the
administrator's website so long as the newspaper notice includes the website address where
such information is posted.
new text end

Sec. 2.

new text begin [345A.702] DISPOSAL OF SECURITIES.
new text end

new text begin (a) The administrator may not sell or otherwise liquidate a security until one year after
the administrator receives the security, unless requested to do so by the owner of the security
in making a claim for the property.
new text end

new text begin (b) The administrator may not sell a security listed on an established stock exchange for
less than the price prevailing on the exchange at the time of sale. The administrator may
sell a security not listed on an established exchange by any commercially reasonable method.
new text end

Sec. 3.

new text begin [345A.704] PURCHASER OWNS PROPERTY AFTER SALE.
new text end

new text begin A purchaser of property at a sale conducted by the administrator under this chapter takes
the property free of all claims of the owner, a previous holder, or a person claiming through
the owner or holder. The administrator shall execute documents necessary to complete the
transfer of ownership to the purchaser.
new text end

ARTICLE 24

UNCLAIMED PROPERTY; ADMINISTRATION OF PROPERTY

Section 1.

new text begin [345A.801] DEPOSIT OF FUNDS BY ADMINISTRATOR.
new text end

new text begin (a) The administrator shall deposit in the general fund all funds received under this
chapter, including proceeds from the sale of property under sections 345A.701 to 345A.704,
except:
new text end

new text begin (1) expenses of disposition of property delivered to the administrator under this chapter;
new text end

new text begin (2) expenses incurred in examining records of or collecting property from a putative
holder or holder; and
new text end

new text begin (3) as otherwise provided in this chapter.
new text end

Sec. 2.

new text begin [345A.802] ADMINISTRATOR TO RETAIN RECORDS OF PROPERTY.
new text end

new text begin The administrator shall:
new text end

new text begin (1) record and retain the name and last known address of each person shown on a report
filed under section 345A.401 to be the apparent owner of property delivered to the
administrator;
new text end

new text begin (2) record and retain the name and last known address of each insured or annuitant and
beneficiary shown on the report;
new text end

new text begin (3) for each policy of insurance or annuity contract listed in the report of an insurance
company, record and retain the policy or account number, the name of the company, and
the amount due or paid; and
new text end

new text begin (4) for each apparent owner listed in the report, record and retain the name of the holder
that filed the report and the amount due or paid.
new text end

ARTICLE 25

UNCLAIMED PROPERTY; HEARINGS, PROCEDURE, AND JUDICIAL REVIEW

Section 1.

Minnesota Statutes 2018, section 345.515, is amended to read:


345.515 AGREEMENTS TO LOCATE REPORTED PROPERTY.

It is unlawful for a person to seek or receive from another person or contract with a
person for a fee or compensation for locating property, deleted text beginknowing it to have been reported or
paid or delivered to the commissioner pursuant to chapter 345
deleted text end prior to 24 months after the
date the property is paid or delivered to the deleted text begincommissionerdeleted text endnew text begin administratornew text end.

deleted text begin Nodeleted text endnew text begin Annew text end agreement deleted text beginentered into after 24 months after the date the property is paid or
delivered to the commissioner
deleted text end is valid new text beginonly new text endif deleted text begina person thereby undertakes to locate property
included in a report for a fee or other compensation exceeding ten percent of the value of
the recoverable property unless
deleted text end the agreement is in writing deleted text beginanddeleted text endnew text begin, isnew text end signed by the owner deleted text beginanddeleted text endnew text begin,new text end
discloses the nature and value of the property and the name and address of the holder thereof
as such facts have been reportednew text begin, and provides for compensation in an amount that is no
more than 15 percent of the amount collected
new text end. Nothing in this section shall be construed to
prevent an owner from asserting at any time that an agreement to locate property is based
upon an excessive or unjust consideration.

Sec. 2.

Minnesota Statutes 2018, section 345.53, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Failure of person examined to retain records. new text end

new text begin If a person subject to
examination under this chapter does not retain the records required by section 345A.404,
the administrator may determine the value of property due using a reasonable method of
estimation based on all information available to the administrator, including extrapolation
and use of statistical sampling when appropriate and necessary. A payment made based on
estimation under this section is a penalty for failure to maintain the records required by
section 345A.404, and does not relieve a person from an obligation to report and deliver
property to a state in which the holder is domiciled.
new text end

ARTICLE 26

BROADBAND GRANT PROGRAM

Section 1. new text beginBROADBAND GRANT PROGRAM; APPROPRIATION.
new text end

new text begin $35,000,000 in fiscal year 2020 and $35,000,000 in fiscal year 2021 are appropriated
from the general fund to the commissioner of employment and economic development for
deposit in the border-to-border broadband fund account under Minnesota Statutes, section
116J.396. The appropriation is onetime and must be used for grants and the purposes specified
under Minnesota Statutes, section 116J.395.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 27

ENERGY APPROPRIATIONS

Section 1. new text beginENERGY APPROPRIATIONS.
new text end

new text begin 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 that 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. "The biennium"
is fiscal years 2020 and 2021.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2020
new text end
new text begin 2021
new text end

Sec. 2. new text beginDEPARTMENT OF COMMERCE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 7,258,000
new text end
new text begin $
new text end
new text begin 5,465,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 6,202,000
new text end
new text begin 4,409,000
new text end
new text begin Petroleum Tank
new text end
new text begin 1,056,000
new text end
new text begin 1,056,000
new text end

new text begin Subd. 2. new text end

new text begin Energy Resources
new text end

new text begin 6,202,000
new text end
new text begin 4,409,000
new text end

new text begin (a) $150,000 each year is to remediate
vermiculate insulation from households that
are eligible for weatherization assistance under
Minnesota Statutes, section 216C.264.
Remediation must be done in conjunction with
federal weatherization assistance program
services.
new text end

new text begin (b) $832,000 each year is for energy regulation
and planning unit staff.
new text end

new text begin (c) $525,000 the first year is for
reimbursement of litigation costs resulting
from the lawsuit filed by North Dakota over
provisions in chapter 216H.
new text end

new text begin (d) $8,000 the first year is for transfer to the
commissioner of natural resources to develop
a plan for converting brome and other
grasslands on state-owned lands to restored
prairie to provide additional carbon
sequestration. The plan must:
new text end

new text begin (1) identify lands available for conversion,
excluding tax-forfeited lands;
new text end

new text begin (2) require that the prairie restorations meet
applicable Board of Water and Soil Resources'
native vegetation establishment and
enhancement guidelines; and
new text end

new text begin (3) identify the funding and activities
necessary to achieve all initial plantings by
2030.
new text end

new text begin (e) $300,000 the first year and $300,000 the
second year are for grants to schools to install
solar energy systems on or adjacent to schools
located outside the electric retail service
territory of the public utility subject to
Minnesota Statutes, section 116C.779,
subdivision 1. In fiscal year 2022 and beyond,
the base amount is $391,000.
new text end

new text begin (f) $30,000 the first year and $29,000 the
second year are for the development of a
financial incentive to encourage utilities to
invest in energy conservation measures in
residences after achieving their 1.75 percent
energy-savings goal.
new text end

new text begin (g) $547,000 the first year is for transfer to the
Board of Regents of the University of
Minnesota to conduct a study producing
climate model projections through the rest of
this century for three-square-mile blocks
covering the entire state of Minnesota. This is
a onetime appropriation.
new text end

new text begin (h) $100,000 the first year is for a study by an
independent consultant selected through a
request for proposal process to produce a
report analyzing the potential costs and
benefits of energy storage systems, as defined
in Minnesota Statutes, section 216B.2422,
subdivision 1, in Minnesota. The study may
also include scenarios examining energy
storage systems that are not capable of being
controlled by a utility. The commissioner must
engage a broad group of Minnesota
stakeholders, including electric utilities and
others, to develop and provide information for
the report. The study must:
new text end

new text begin (1) identify and measure the different potential
costs and savings produced by energy storage
system deployment, including but not limited
to:
new text end

new text begin (i) generation, transmission, and distribution
facilities asset deferral or substitution;
new text end

new text begin (ii) impacts on ancillary services costs;
new text end

new text begin (iii) impacts on transmission and distribution
congestion;
new text end

new text begin (iv) impacts on peak power costs;
new text end

new text begin (v) impacts on emergency power supplies
during outages;
new text end

new text begin (vi) impacts on curtailment of renewable
energy generators; and
new text end

new text begin (vii) reduced greenhouse gas emissions;
new text end

new text begin (2) analyze and estimate the:
new text end

new text begin (i) costs and savings to customers that deploy
energy storage systems;
new text end

new text begin (ii) impact on the utility's ability to integrate
renewable resources;
new text end

new text begin (iii) impact on grid reliability and power
quality; and
new text end

new text begin (iv) effect on retail electric rates over the
useful life of a given energy storage system
compared to providing the same services using
other facilities or resources;
new text end

new text begin (3) consider the findings of the analysis
conducted by the Midcontinent Independent
System Operator on energy storage capacity
accreditation and participation in regional
energy markets, including updates of the
analysis; and
new text end

new text begin (4) include case studies of existing energy
storage applications currently providing the
benefits described in clauses (1) and (2).
new text end

new text begin The commissioner of commerce must submit
the study to the chairs and ranking minority
members of the senate and house of
representatives committees with jurisdiction
over energy policy and finance by December
31, 2019.
new text end

new text begin (i) $31,000 the first year and $31,000 the
second year are for grants for electric vehicle
charging stations under Minnesota Statutes,
section 216C.403. In fiscal year 2022 and
beyond, the base amount is $30,000.
new text end

new text begin Subd. 3. new text end

new text begin Petroleum Tank Release Compensation
Board
new text end

new text begin 1,056,000
new text end
new text begin 1,056,000
new text end

new text begin This appropriation is from the petroleum tank
fund.
new text end

Sec. 3. new text beginPUBLIC UTILITIES COMMISSION
new text end

new text begin $
new text end
new text begin 7,793,000
new text end
new text begin $
new text end
new text begin 7,793,000
new text end

new text begin (a) $21,000 each year is to process utility
applications to install equipment crossing a
railroad right-of-way.
new text end

new text begin (b) $300,000 each year is to enhance the
commission's decision-making capability.
new text end

ARTICLE 28

ENERGY PROGRAMS

Section 1.

Minnesota Statutes 2018, section 216B.62, subdivision 3b, is amended to read:


Subd. 3b.

Assessment for department regional and national duties.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is revived and reenacted retroactively from June 29,
2018, except that the department is prohibited from making an assessment under this
subdivision to finance the performance of any duties that occurred between June 30, 2018,
and the date this section is enacted.
new text end

Sec. 2.

new text begin [216C.375] SOLAR FOR SCHOOLS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Developer" means an entity that installs a solar energy system on a school building
awarded a grant under this section.
new text end

new text begin (c) "Energy storage system" means a commercially available technology capable of:
new text end

new text begin (1) absorbing and storing electrical energy; and
new text end

new text begin (2) dispatching stored electrical energy at a later time.
new text end

new text begin (d) "Photovoltaic device" has the meaning given in section 216C.06, subdivision 16.
new text end

new text begin (e) "School" means a school that operates as part of an independent or special school
district.
new text end

new text begin (f) "School district" means an independent or special school district.
new text end

new text begin (g) "Solar energy system" means photovoltaic or solar thermal devices installed alone
or in combination with an energy storage system.
new text end

new text begin Subd. 2. new text end

new text begin Establishment; purpose. new text end

new text begin A solar for schools program is established in the
Department of Commerce. The purpose of the program is to provide grants to (1) stimulate
the installation of solar energy systems on or adjacent to school buildings by reducing the
cost of solar energy systems, and (2) enable schools to use the solar energy system as a
teaching tool that is integrated into the school's curriculum.
new text end

new text begin Subd. 3. new text end

new text begin Establishment of account. new text end

new text begin A solar for schools program account is established
in the special revenue fund. Money received from the general fund must be transferred to
the commissioner of commerce and credited to the account.
new text end

new text begin Subd. 4. new text end

new text begin Expenditures. new text end

new text begin (a) Money in the account may be used only:
new text end

new text begin (1) for grant awards made under this section; and
new text end

new text begin (2) to pay the reasonable costs incurred by the department to administer this section.
new text end

new text begin (b) Grant awards made with funds in the account must be used only for grants for solar
energy systems installed on or adjacent to school buildings receiving retail electric service
from a utility that is not subject to section 116C.779, subdivision 1.
new text end

new text begin Subd. 5. new text end

new text begin Eligible system. new text end

new text begin (a) A grant may be awarded to a school under this section
only if the solar energy system that is the subject of the grant:
new text end

new text begin (1) is installed on or adjacent to the school building that consumes the electricity generated
by the solar energy system, on property within the service territory of the utility currently
providing electric service to the school building; and
new text end

new text begin (2) has a capacity that does not exceed the lesser of 40 kilowatts or 120 percent of the
estimated annual electricity consumption of the school building where the solar energy
system is installed.
new text end

new text begin (b) A school district that receives a rebate or other financial incentive under section
216B.241 for a solar energy system and that demonstrates considerable need for financial
assistance, as determined by the commissioner, is eligible for a grant under this section for
the same solar energy system.
new text end

new text begin Subd. 6. new text end

new text begin Application process. new text end

new text begin (a) The commissioner must issue a request for proposals
to utilities, schools, and developers who wish to apply for a grant under this section on
behalf of a school.
new text end

new text begin (b) A utility or developer must submit an application to the commissioner on behalf of
a school on a form prescribed by the commissioner. The form must include, at a minimum,
the following information:
new text end

new text begin (1) the capacity of the proposed solar energy system and the amount of electricity that
is expected to be generated;
new text end

new text begin (2) the current energy demand of the school building where the solar energy generating
system is to be installed and information regarding any distributed energy resource, including
subscription to a community solar garden, that currently provides electricity to the school
building;
new text end

new text begin (3) the size of any energy storage system that is proposed to be installed as part of a
solar energy system;
new text end

new text begin (4) a description of any solar thermal devices proposed as part of the solar energy system;
new text end

new text begin (5) the total cost to purchase and install the solar energy system and its life-cycle cost,
including the cost to remove and dispose the system at the end of its life;
new text end

new text begin (6) a copy of the proposed contract agreement between the school and the public utility
or developer, including provisions addressing responsibility for maintenance of the solar
energy system;
new text end

new text begin (7) the school's plan to make the solar energy system serve as a visible learning tool for
students, teachers, and visitors to the school, including how the solar energy system may
be integrated into the school's curriculum;
new text end

new text begin (8) information that demonstrates the school district's level of need for financial assistance
available under this section;
new text end

new text begin (9) information that demonstrates the readiness of the school to implement the project,
including but not limited to the availability of the site where the solar energy system is to
be installed, and the level of the school's engagement with the utility providing electric
service to the school building where the solar energy system is to be installed on issues
relevant to the implementation of the project, including metering and other issues;
new text end

new text begin (10) with respect to the installation and operation of the solar energy system, the
willingness and ability of the developer or the public utility to:
new text end

new text begin (i) pay employees and contractors a prevailing wage rate, as defined in section 177.42,
subdivision 6; and
new text end

new text begin (ii) adhere to the provisions of section 177.43;
new text end

new text begin (11) how the developer or public utility plans to reduce the school's initial capital expense
to purchase and install the solar energy system, and to provide financial benefits to the
school from the utilization of federal and state tax credits, utility incentives, and other
financial incentives; and
new text end

new text begin (12) any other information deemed relevant by the commissioner.
new text end

new text begin (c) The commissioner must administer an open application process under this section
at least twice annually.
new text end

new text begin (d) The commissioner must develop administrative procedures governing the application
and grant award process.
new text end

new text begin Subd. 7. new text end

new text begin Energy conservation review. new text end

new text begin At the commissioner's request, a school awarded
a grant under this section must provide the commissioner information regarding energy
conservation measures implemented at the school building where the solar energy system
is to be installed. The commissioner may make recommendations to the school regarding
cost-effective conservation measures it can implement, and may provide technical assistance
and direct the school to available financial assistance programs.
new text end

new text begin Subd. 8. new text end

new text begin Technical assistance. new text end

new text begin The commissioner must provide technical assistance to
schools to develop and execute projects under this section.
new text end

new text begin Subd. 9. new text end

new text begin Grant payments. new text end

new text begin The commissioner must award a grant from the account
established under subdivision 3 to a school for the necessary costs associated with the
purchase and installation of a solar energy system. The amount of the grant must be based
on the commissioner's assessment of the school's need for financial assistance.
new text end

new text begin Subd. 10. new text end

new text begin Limitations. new text end

new text begin (a) No more than 50 percent of the grant payments awarded to
schools under this section may be awarded to schools where the proportion of students
eligible for free and reduced-price lunch under the National School Lunch Program is less
than 50 percent.
new text end

new text begin (b) No more than ten percent of the total amount of grants awarded under this section
may be awarded to schools that are part of the same school district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [216C.403] ELECTRIC VEHICLE PUBLIC CHARGING STATION GRANT
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a.
new text end

new text begin (c) "Electric vehicle charging station" means infrastructure that recharges an electric
vehicle's batteries by connecting the electric vehicle to:
new text end

new text begin (1) a level two charger that provides a 208- or 240-volt alternating current power source;
or
new text end

new text begin (2) a DC fast charger that has an electric output of 20 kilowatts or greater.
new text end

new text begin (d) "Park-and-ride facility" has the meaning given in section 174.256, subdivision 2,
paragraph (b).
new text end

new text begin (e) "Public electric vehicle charging station" means an electric vehicle charging station
located at a publicly available parking space.
new text end

new text begin Subd. 2. new text end

new text begin Program. new text end

new text begin (a) The commissioner must award grants to help fund the installation
of a network of public electric vehicle charging stations in areas located outside the retail
electric service area of the public utility subject to section 116C.779, subdivision 1, including
locations in state and regional parks, trailheads, and park-and-ride facilities. The
commissioner must issue a request for proposals to entities that have experience installing,
owning, operating, and maintaining electric vehicle charging stations. The request for
proposal must establish technical specifications that electric vehicle charging stations are
required to meet.
new text end

new text begin (b) The commissioner must consult with (1) the commissioner of natural resources to
develop optimal locations for electric vehicle charging stations in state and regional parks,
and (2) the commissioner of transportation to develop optimal locations for electric vehicle
charging stations at park-and-ride facilities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text beginRESIDENTIAL ENERGY CONSERVATION FINANCIAL INCENTIVE.
new text end

new text begin (a) In addition to any financial incentive approved under Minnesota Statutes, section
216B.16, subdivision 6c, the Public Utilities Commission must approve a financial incentive
designed to encourage a public utility to continue investing in cost-effective conservation
measures that result in energy savings to residential customers after the public utility has
achieved annual energy savings for all customers equivalent to 1.75 percent of gross retail
electric energy sales or 1.2 percent of gross annual retail natural gas sales. A public utility
is eligible to receive the new incentive developed under this section if the amount of energy
savings by residential customers contributing to the 1.75 or 1.2 percent level, as applicable,
equals or exceeds the average amount residential customers saved over the most recent
three-year period, not counting any savings resulting from the new incentive developed
under this section. When reviewing and approving the incentive, the Public Utilities
Commission must ensure the effective involvement of interested parties and must apply the
criteria established in Minnesota Statutes, section 216B.16, subdivision 6c, paragraph (b).
new text end

new text begin (b) By November 1, 2019, the commissioner of commerce must develop and submit to
the Public Utilities Commission for approval a financial incentive that meets the requirements
under paragraph (a). The Public Utilities Commission may modify the financial incentive
submitted under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text beginSMALL-AREA CLIMATE MODEL PROJECTIONS FOR MINNESOTA.
new text end

new text begin (a) The Board of Regents of the University of Minnesota must conduct a study that
produces climate model projections for the entire state of Minnesota, in blocks as small as
three square miles in area.
new text end

new text begin (b) At a minimum, the study must:
new text end

new text begin (1) use resources at the Minnesota Supercomputing Institute to analyze high-performing
climate models under moderate and high greenhouse gas emissions scenarios and develop
a series of projections of temperature, precipitation, snow cover, and a variety of other
climate parameters over the rest of this century;
new text end

new text begin (2) downscale the climate impact results under clause (1) to areas as small as three square
miles;
new text end

new text begin (3) develop a publicly accessible data portal website to (i) allow other universities,
nonprofit organizations, businesses, and government agencies to use the model projections,
and (ii) educate and train users how to make best use of the data;
new text end

new text begin (4) incorporate information on how to use the model results in the University of
Minnesota Extension existing online climate adaptation training; and
new text end

new text begin (5) hold at least two "train the trainer" workshops for state agencies, municipalities, and
others to educate colleagues how to use and interpret the data for climate adaptation efforts.
new text end

new text begin (c) Beginning July 1, 2020, and continuing each July 1 through 2022, the University of
Minnesota must provide a written report to the chairs and ranking minority members of the
senate and house of representatives committees with primary jurisdiction over agriculture,
energy, and environment. The report must document the progress made on the study and
study results, and must note any obstacles encountered that could prevent successful
completion of the study.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 29

CLEAN ENERGY AND ENERGY CONSERVATION

Section 1.

Minnesota Statutes 2018, section 13.685, is amended to read:


13.685 MUNICIPAL UTILITY CUSTOMER DATA.

Data on customers of municipal electric utilities are private data on individuals or
nonpublic data, but may be released to:

(1) a law enforcement agency that requests access to the data in connection with an
investigation;

(2) a school for purposes of compiling pupil census data;

(3) the Metropolitan Council for use in studies or analyses required by law;

(4) a public child support authority for purposes of establishing or enforcing child support;
deleted text begin or
deleted text end

new text begin (5) a person authorized to receive the data under section 216B.078; or
new text end

deleted text begin (5)deleted text endnew text begin (6)new text end a person where use of the data directly advances the general welfare, health, or
safety of the public; the commissioner of administration may issue advisory opinions
construing this clause pursuant to section 13.072.

Sec. 2.

Minnesota Statutes 2018, section 116C.7792, is amended to read:


116C.7792 SOLAR ENERGY INCENTIVE PROGRAM.

The utility subject to section 116C.779 shall operate a program to provide solar energy
production incentives for solar energy systems of no more than a total aggregate nameplate
capacity of 40 kilowatts deleted text begindirectdeleted text endnew text begin alternatingnew text end current per premise. The owner of a solar energy
system installed before June 1, 2018, is eligible to receive a production incentive under this
section for any additional solar energy systems constructed at the same customer location,
provided that the aggregate capacity of all systems at the customer location does not exceed
40 kilowatts. The program shall be operated for deleted text begineightdeleted text endnew text begin ninenew text end consecutive calendar years
commencing in 2014. $5,000,000 shall be allocated in each of the first four years,
$15,000,000 in new text begineach of new text endthe fifth deleted text beginyear, $10,000,000deleted text endnew text begin and sixth years, $14,000,000new text end in each of
the deleted text beginsixth anddeleted text end seventhnew text begin and eighthnew text end years, and $5,000,000 in the deleted text begineighthdeleted text endnew text begin ninthnew text end year from funds
withheld from transfer to the renewable development account under section 116C.779,
subdivision 1
, paragraphs (b) and (e), and placed in a separate account for the purpose of
the solar production incentive program operated by the utility and not for any other program
or purpose. Any unspent amount allocated in the fifth year is available until December 31
of the sixth year. Any unspent amount remaining at the end of any other allocation year
must be transferred to the renewable development account. The solar system must be sized
to less than 120 percent of the customer's on-site annual energy consumption when combined
with other distributed generation resources and subscriptions provided under section
216B.1641 associated with the premise. The production incentive must be paid for ten years
commencing with the commissioning of the system. The utility must file a plan to operate
the program with the commissioner of commerce. The utility may not operate the program
until it is approved by the commissioner. A change to the program to include projects up
to a nameplate capacity of 40 kilowatts or less does not require the utility to file a plan with
the commissioner. Any plan approved by the commissioner of commerce must not provide
an increased incentive scale over prior years unless the commissioner demonstrates that
changes in the market for solar energy facilities require an increase.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [216B.078] CUSTOMER ENERGY DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Customer" means a person contracting for or purchasing electric or natural gas
service from a utility.
new text end

new text begin (c) "Customer data" means all data a utility collects, creates, receives, or maintains in
which a customer is identified or can be identified as the subject of the data. Customer data
includes energy usage data.
new text end

new text begin (d) "Energy usage data" means a customer's account information and the data a utility
collects from the customer's meter that reflects the quantity, quality, or timing of the
customer's natural gas use, electricity use, or electricity production. Customer energy usage
data includes but is not limited to data regarding:
new text end

new text begin (1) the amount and timing of energy use and production;
new text end

new text begin (2) energy outages, frequency, intermittency, or shutoffs;
new text end

new text begin (3) pricing and rate data applicable to the customer; and
new text end

new text begin (4) any other energy usage data used to calculate the customer's bill.
new text end

new text begin (e) "Summary energy usage data" means statistical records and reports derived from
energy usage data that do not contain a customer's personally identifiable information.
new text end

new text begin (f) "Personally identifiable information" means any data in which a customer is identified
or can be identified as the subject of the data.
new text end

new text begin (g) "Third party" means a person, other than a customer, who requests customer energy
usage data or summary energy usage data from the utility that maintains the data.
new text end

new text begin (h) "Utility" means a public utility, retail municipal utility, or retail cooperative
association that provides electric or natural gas service to Minnesota customers.
new text end

new text begin Subd. 2. new text end

new text begin Customer access to energy usage data. new text end

new text begin (a) A utility must provide a customer
with access to the customer's own energy usage data.
new text end

new text begin (b) Access must be convenient for the typical customer. A utility's procedure to access
energy usage data must be user-friendly. The utility must present the energy usage data in
a format comprehensible to the typical customer.
new text end

new text begin (c) A utility must provide access to energy usage data in as close to real-time as
practicable.
new text end

new text begin (d) Access to energy usage data must be provided free of charge to the customer, except
that a utility may charge a fee if a customer requests access to energy usage data in a format
or standard that differs from the format or standard the utility generally offers to customers.
new text end

new text begin (e) A utility must notify a customer if it substantially modifies the customer's energy
usage data. The notification must include a detailed explanation of the changes made to the
customer's energy usage data.
new text end

new text begin Subd. 3. new text end

new text begin Third-party access to energy usage data. new text end

new text begin (a) If a customer provides
authorization, a utility must provide one or more third parties with access to the customer's
energy usage data.
new text end

new text begin (b) The procedure a utility uses to allow a customer to authorize third-party access to
energy usage data must be (1) convenient for the typical customer, and (2) available on the
utility's website and in physical form by mail.
new text end

new text begin (c) The scope of the authorization may limit a third party's access to specific elements
of the customer's energy usage data.
new text end

new text begin (d) An authorization to access energy usage data is valid for the period of time specified
in the written authorization. An authorization may include a period without a specified end
date.
new text end

new text begin (e) A customer may revoke an authorization for third-party access at any time. The
utility's procedure to revoke authorization must be (1) convenient for the typical customer,
and (2) available on the utility's website and in physical form by mail.
new text end

new text begin (f) Subject to the scope of the authorization, an authorized third party must have the
same level of access to the customer's energy usage data as the customer.
new text end

new text begin (g) To the extent a third party with access to energy usage data under this subdivision
maintains the data independent of the utility providing access, the third party is subject to
the data security and privacy requirements under subdivision 6.
new text end

new text begin Subd. 4. new text end

new text begin Public access to summary energy data. new text end

new text begin (a) A utility must prepare and make
available summary energy usage data upon the written request of any person. The procedure
a utility uses to allow a person to request summary energy data must be (1) convenient for
the typical customer, and (2) available on the utility's website. A utility may charge the
requester a fee to prepare and supply summary energy data.
new text end

new text begin (b) Summary energy usage data provided under this subdivision may include aggregated
sets of customer energy usage data from no less than 15 customers. A single customer's
energy use must not constitute more than 15 percent of total energy consumption for the
requested data set. Summary energy usage data may be disaggregated on a per-customer
basis, provided that the customer's identity is not ascertainable.
new text end

new text begin (c) Within ten days of the date a request for summary energy data is received, a utility
must respond by providing the requester with:
new text end

new text begin (1) the summary energy data requested or a reference to responsive summary energy
data published under paragraph (d);
new text end

new text begin (2) a written statement that describes any fee charged and a time schedule for preparing
the requested summary energy data, including reasons for any time delays; or
new text end

new text begin (3) a written statement stating reasons why the utility has determined the requested
summary energy data cannot be prepared.
new text end

new text begin (d) A utility may make summary energy data publicly available on its website.
new text end

new text begin Subd. 5. new text end

new text begin Fees charged for data. new text end

new text begin A utility charging a data access fee authorized by this
section must:
new text end

new text begin (1) base the fee amount on the actual costs incurred by the utility to create and deliver
the requested data;
new text end

new text begin (2) consider the reasonable value to the utility of the data prepared and, if appropriate,
reduce the fee assessed to the requesting person;
new text end

new text begin (3) provide the requesting person with an estimate and explanation of the fee; and
new text end

new text begin (4) collect the fee before preparing or supplying the requested data.
new text end

new text begin Subd. 6. new text end

new text begin Data security and privacy. new text end

new text begin (a) A utility must establish appropriate,
industry-standard safeguards to protect the security of energy usage data it maintains. A
utility is prohibited from selling, sharing, licensing, or disseminating energy usage data,
except as authorized under this section or by state or federal law.
new text end

new text begin (b) Utilities must implement risk management practices to protect customer data. Risk
management practices must include but are not limited to practices that:
new text end

new text begin (1) identify, analyze, and mitigate cybersecurity risks to customer data;
new text end

new text begin (2) reasonably protect against loss and unauthorized use, access, or dissemination of
customer data;
new text end

new text begin (3) implement employee training measures to preserve data integrity; and
new text end

new text begin (4) maintain a comprehensive data breach response program to identify, mitigate, and
resolve an incident that causes or results in the unauthorized use, access, or dissemination
of customer data. The data breach response program must provide for complete, accurate,
and timely notice to customers whose customer data may have been compromised.
new text end

new text begin (c) If a utility uses a third-party service to maintain or store customer data, the utility
must ensure that the third-party service implements risk management practices that meet
the requirements under paragraph (b).
new text end

new text begin Subd. 7. new text end

new text begin Enforcement. new text end

new text begin The commissioner may enforce this section as provided under
section 45.027.
new text end

Sec. 4.

Minnesota Statutes 2018, section 216B.16, is amended by adding a subdivision to
read:


new text begin Subd. 7e. new text end

new text begin Energy storage system pilot projects. new text end

new text begin (a) A public utility may petition the
commission under this section to recover costs associated with implementing an energy
storage system pilot project. As part of the petition, the public utility must submit a report
to the commission containing, at a minimum, the following information regarding the
proposed energy storage system pilot project:
new text end

new text begin (1) the storage technology utilized;
new text end

new text begin (2) the energy storage capacity and the duration of output at that capacity;
new text end

new text begin (3) the proposed location;
new text end

new text begin (4) the purchase and installation costs;
new text end

new text begin (5) how the project will interact with existing distributed generation resources on the
utility's grid; and
new text end

new text begin (6) the goals the project proposes to achieve, which may include controlling frequency
or voltage, mitigating transmission congestion, providing emergency power supplies during
outages, reducing curtailment of existing renewable energy generators, and reducing peak
power costs.
new text end

new text begin (b) A utility may petition the commission to approve a rate schedule that provides for
the automatic adjustment of charges to recover prudently incurred investments, expenses,
or costs associated with energy storage system pilot projects approved by the commission
under this subdivision. A petition filed under this subdivision must include the elements
listed in section 216B.1645, subdivision 2a, paragraph (b), clauses (1) to (4), and must
describe the benefits of the pilot project.
new text end

new text begin (c) The commission may approve, or approve as modified, a rate schedule filed under
this subdivision. The rate schedule filed by the public utility may include the elements listed
in section 216B.1645, subdivision 2a, paragraph (a), clauses (1) to (5).
new text end

new text begin (d) For each pilot project that the commission has determined is in the public interest,
the commission must determine the specific amounts that are eligible for recovery under
the approved rate schedule within 90 days of the date the specific pilot program receives
final approval or within 90 days of the date the public utility files for approval of cost
recovery for the specific pilot program, whichever is later.
new text end

new text begin (e) Nothing in this subdivision prohibits or deters the deployment of energy storage
systems.
new text end

new text begin (f) For the purposes of this subdivision:
new text end

new text begin (1) "energy storage system" has the meaning given in section 216B.2422, subdivision
1; and
new text end

new text begin (2) "pilot project" means a project that is (i) owned, operated, and controlled by a public
utility to optimize safe and reliable system operations, and (ii) deployed at a limited number
of locations in order to assess the technical and economic effectiveness of its operations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2018, section 216B.16, subdivision 13, is amended to read:


Subd. 13.

Economic and community development.

The commission may allow a
public utility to recover from ratepayers the expenses incurrednew text begin (1)new text end for economic and
community developmentnew text begin, and (2) to employ local workers to construct and maintain
generation facilities that supply power to the utility's customers
new text end.

Sec. 6.

Minnesota Statutes 2018, section 216B.1641, is amended to read:


216B.1641 COMMUNITY SOLAR GARDEN.

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Subscriber" means a retail customer of a utility who owns one or more subscriptions
to a community solar garden interconnected with that utility.
new text end

new text begin (c) "Subscription" means a contract between a subscriber and the owner of a community
solar garden.
new text end

new text begin Subd. 2. new text end

new text begin Solar garden; project requirements. new text end

(a) The public utility subject to section
116C.779 shall file by September 30, 2013, a plan with the commission to operate a
community solar garden program which shall begin operations within 90 days after
commission approval of the plan. Other public utilities may file an application at their
election. The community solar garden program must be designed to offset the energy use
of not less than five subscribers in each community solar garden facility of which no single
subscriber has more than a 40 percent interest. The owner of the community solar garden
may be a public utility or any other entity or organization that contracts to sell the output
from the community solar garden to the utility under section 216B.164. There shall be no
limitation on the number or cumulative generating capacity of community solar garden
facilities other than the limitations imposed under section 216B.164, subdivision 4c, or
other limitations provided in law or regulations.

(b) A solar garden is a facility that generates electricity by means of a ground-mounted
or roof-mounted solar photovoltaic device whereby subscribers receive a bill credit for the
electricity generated in proportion to the size of their subscription. The solar garden must
have a nameplate capacity of no more than deleted text beginone megawattdeleted text endnew text begin three megawattsnew text end. Each subscription
shall be sized to represent at least 200 watts of the community solar garden's generating
capacity and to supply, when combined with other distributed generation resources serving
the premises, no more than 120 percent of the average annual consumption of electricity
by each subscriber at the premises to which the subscription is attributed.

(c) The solar generation facility must be located in the service territory of the public
utility filing the plan. Subscribers must be retail customers of the public utilitynew text begin. Subscribers
must be
new text end located in the same county new text beginas the solar garden new text endor new text beginin new text enda new text begincontiguous new text endcounty deleted text begincontiguous
to where the facility is located.
deleted text endnew text begin, unless:
new text end

new text begin (1) the solar garden has a minimum setback of 100 feet from the nearest residential
property; and
new text end

new text begin (2) the owner or operator of the solar garden provides written certification to the
commission that at least ten percent of the solar garden's electric generating capacity is
reserved for residential subscribers.
new text end

(d) The public utility must purchase from the community solar garden all energy generated
by the solar garden. new text beginExcept as provided under subdivision 7, new text endthe purchase shall be at the
new text begin most recent three-year average of the new text endrate calculated new text beginannually new text endunder section 216B.164,
subdivision 10
, or, until that rate for the public utility has been approved by the commission,
the applicable retail rate. A solar garden is eligible for any incentive programs offered under
deleted text begin eitherdeleted text end section 116C.7792 deleted text beginor section 216C.415deleted text end. A subscriber's portion of the purchase shall
be provided by a credit on the subscriber's bill.

new text begin (e) Beginning January 1, 2020, any solar garden application filed with a utility must
certify that all workers constructing the solar garden will be paid at the prevailing wage
rate, as defined in section 177.42, subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Solar garden plan; requirements; nonutility status. new text end

deleted text begin(e)deleted text endnew text begin (a)new text end The commission
may approve, disapprove, or modify a community solar garden deleted text beginprogramdeleted text endnew text begin plannew text end. Any plan
approved by the commission must:

(1) reasonably allow for the creation, financing, and accessibility of community solar
gardens;

(2) establish uniform standards, fees, and processes for the interconnection of community
solar garden facilities that allow the utility to recover reasonable interconnection costs for
each community solar garden;

(3) not apply different requirements to utility and nonutility community solar garden
facilities;

(4) be consistent with the public interest;

(5) identify the information that must be provided to potential subscribers to ensure fair
disclosure of future costs and benefits of subscriptions;

(6) include a program implementation schedule;

(7) identify all proposed rules, fees, and charges; and

(8) identify the means by which the program will be promoted.

deleted text begin (f)deleted text endnew text begin (b)new text end Notwithstanding any other law, neither the manager of nor the subscribers to a
community solar garden facility shall be considered a utility solely as a result of their
participation in the community solar garden facility.

deleted text begin (g)deleted text endnew text begin (c)new text end Within 180 days of commission approval of a plan under this section, a utility
shall begin crediting subscriber accounts for each community solar garden facility in its
service territory, and shall file with the commissioner of commerce a description of its
crediting system.

deleted text begin (h) For the purposes of this section, the following terms have the meanings given:
deleted text end

deleted text begin (1) "subscriber" means a retail customer of a utility who owns one or more subscriptions
of a community solar garden facility interconnected with that utility; and
deleted text end

deleted text begin (2) "subscription" means a contract between a subscriber and the owner of a solar garden.
deleted text end

new text begin Subd. 4. new text end

new text begin Program administration; enforcement. new text end

new text begin (a) The Department of Commerce
must administer the community solar garden program and is responsible for implementing
all elements of the program. The department's duties under this section include:
new text end

new text begin (1) processing community solar garden applications;
new text end

new text begin (2) establishing and accepting program fees from applicants and solar garden managers;
new text end

new text begin (3) calculating the rate paid to subscribers and submitting the rate to the commission for
approval;
new text end

new text begin (4) ensuring that community solar garden program documents and protocols are available
to subscribers;
new text end

new text begin (5) ensuring that solar garden managers provide adequate notice to subscribers of changes
in solar garden operations, including but not limited to adjustments in subscriber bill credit
rates;
new text end

new text begin (6) ensuring that a utility conducts the interconnection process in a timely fashion;
new text end

new text begin (7) ensuring that the actions of solar garden owners, operators, and subscribers comply
with this section and orders of the commission; and
new text end

new text begin (8) other administrative tasks as determined by the commissioner.
new text end

new text begin (b) The commissioner may use the authority granted under section 45.027 to enforce
any violations related to the duties and responsibilities entrusted to the commissioner under
this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Account established. new text end

new text begin A solar garden administrative account is established in
the special revenue fund. Fees collected under this section must be deposited in and credited
to the account. Money in the account, including interest, is appropriated to the commissioner
to administer this section.
new text end

new text begin Subd. 6. new text end

new text begin Community access project; eligibility. new text end

new text begin Any community solar garden established
under a plan approved by the commission may petition the commission to be designated as
a community access project. The commission must designate a solar garden as a community
access project if the solar garden meets the following conditions:
new text end

new text begin (1) at least 50 percent of the solar garden's generating capacity is subscribed by residential
customers;
new text end

new text begin (2) the contract between an owner of the solar garden and the public utility that purchases
the garden's electricity, and any agreement between the utility or owner of the solar garden
and subscribers, states (i) the owner of the solar garden does not discriminate against or
screen subscribers based on income or credit score, and (ii) any customer of a utility whose
community solar garden plan has been approved by the commission under subdivision 3 is
eligible to become a subscriber;
new text end

new text begin (3) the solar garden is operated by an entity that maintains a physical address in Minnesota
and has designated a contact person in Minnesota who responds to subscriber inquiries; and
new text end

new text begin (4) the agreement between the owner of the solar garden and subscribers states the owner
will adequately publicize and convene at least one meeting annually to provide an opportunity
for subscribers to address questions to the manager or owner.
new text end

new text begin Subd. 7. new text end

new text begin Community access project; financial arrangements. new text end

new text begin (a) If a solar garden is
approved by the commission as a community access project:
new text end

new text begin (1) the public utility purchasing the electricity generated by the community access project
may charge the owner of the community access project no more than one cent per watt
alternating current, based on the solar garden's generating capacity, for any refundable
deposit the utility requires of a solar garden during the application process;
new text end

new text begin (2) the public utility must purchase all energy generated by the community access project
at the retail rate;
new text end

new text begin (3) a subscriber's portion of the energy purchased from a community access project by
a public utility must be credited to the subscriber's bill; and
new text end

new text begin (4) all renewable energy credits generated by the community access project belong to
subscribers unless the operator:
new text end

new text begin (i) contracts to sell the renewable energy credits to a third party, or sell or transfer the
renewable energy credits to the utility; and
new text end

new text begin (ii) discloses the sale or transfer to a subscriber at the time the subscriber enters into a
subscription.
new text end

new text begin (b) If at any time a solar garden approved by the commission as a community access
project fails to meet the conditions under subdivision 6, the solar garden is no longer subject
to subdivisions 7 and 8 and must operate under the program rules established by the
commission for a solar garden that does not qualify as a community access project.
new text end

new text begin (c) An owner of a solar garden whose designation as a community access project is
revoked under this subdivision may reapply to the commission at any time to have its
designation as a community access project reinstated under subdivision 6.
new text end

new text begin Subd. 8. new text end

new text begin Community access project; reporting. new text end

new text begin (a) The owner of a community access
project must include the following information in an annual report to the subscribers of the
community access project and the utility:
new text end

new text begin (1) a description of the process by which subscribers can provide input to solar garden
policy and decision-making;
new text end

new text begin (2) the amount of revenues received by the solar garden in the previous year that were
allocated to categories that include but are not limited to operating costs, debt service, profits
distributed to subscribers, and profits distributed to others; and
new text end

new text begin (3) an analysis of the proportion of subscribers that are low- and moderate-income, and
a description of one or more of the following methods used to calculate that proportion:
new text end

new text begin (i) income verification by subscribers;
new text end

new text begin (ii) subscriber evidence that the subscriber or a member of the subscriber's household
receives assistance from any of the following sources:
new text end

new text begin (A) the low-income home energy assistance program;
new text end

new text begin (B) Section 8 housing assistance;
new text end

new text begin (C) medical assistance;
new text end

new text begin (D) the Supplemental Nutrition Assistance Program; or
new text end

new text begin (E) the National School Lunch Program;
new text end

new text begin (iii) characterization of the census tract in which the subscriber resides as low- or
moderate-income by the Federal Financial Institutions Examination Council; or
new text end

new text begin (iv) other methods approved by the commission.
new text end

new text begin Subd. 9. new text end

new text begin Commission order. new text end

new text begin Within 180 days of the effective date of this act, the
commission must issue an order incorporating the provisions of this act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 4 and 5 are effective January 1, 2020. Subdivisions
1 to 3 and 6 to 9 are effective the day following final enactment.
new text end

Sec. 7.

new text begin [216B.1643] SOLAR GARDEN GRANT PROGRAM FOR LOW-INCOME
HOUSEHOLDS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Eligible entity" means a community action agency, as defined in section 256E.31,
a tribal or county governmental agency, or a non-profit governmental organization that
administers low-income energy programs for the Department of Commerce.
new text end

new text begin (c) "Income-eligible residential household" means a household with an annual income
that is (1) 50 percent or less of the state median household income, or (2) 200 percent or
less of the federal poverty level.
new text end

new text begin (d) "Solar garden" has the meaning given in section 216B.1641.
new text end

new text begin Subd. 2. new text end

new text begin Establishment; purpose. new text end

new text begin A solar garden grant program for income-eligible
residential households is established in the Department of Commerce to award grants that
promote the development of solar gardens for income-eligible residential households. Funds
in the account are reserved for the purpose of this section and do not lapse.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin (a) A solar garden owner is eligible to receive a grant under this
section if:
new text end

new text begin (1) the new solar garden capacity is 500 kilowatts or less;
new text end

new text begin (2) all of the solar garden subscribers are income-eligible residential households, as
defined through a yearly application provided by the Department of Commerce; and
new text end

new text begin (3) the solar garden is operated by an eligible entity or by a third party performing the
duties under a contract with an eligible entity.
new text end

new text begin (b) An eligible entity is responsible for managing the solar garden and must annually
certify to the commissioner that the solar garden complies with paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Application process; content. new text end

new text begin (a) An eligible applicant must submit an
application to the commissioner on a form designated by the commissioner. The
commissioner must develop administrative procedures that govern the application, grant
award process, and ongoing solar garden management requirements.
new text end

new text begin (b) An application for a grant under this section must include:
new text end

new text begin (1) evidence that the solar garden meets the eligibility requirements under subdivision
3; and
new text end

new text begin (2) any other information requested by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Account established. new text end

new text begin A low-income community solar account is established
as a separate account in the special revenue fund. Money transferred from the renewable
development account to the commissioner must be deposited in the account. Money from
the account is appropriated to the commissioner for the purposes of this section.
new text end

new text begin Subd. 6. new text end

new text begin Limitations. new text end

new text begin A grant awarded under this section must not exceed 60 percent
of the total cost to develop the community solar garden.
new text end

new text begin Subd. 7. new text end

new text begin Eligible expenditures. new text end

new text begin Money from the account established in subdivision 5
may be expended to: (1) finance, purchase, and install facilities necessary to operate a solar
garden; and (2) pay reasonable expenses incurred by the department to administer the
program and certify applicant eligibility on an ongoing basis.
new text end

Sec. 8.

Minnesota Statutes 2018, section 216B.1645, subdivision 1, is amended to read:


Subdivision 1.

Commission authority.

Upon the petition of a public utility, the Public
Utilities Commission shall approve or disapprove power purchase contracts, investments,
or expenditures entered into or made by the utility to satisfy the wind and biomass mandates
contained in sections 216B.169, 216B.2423, and 216B.2424, and to satisfy the renewable
energy objectives and standards set forth in section 216B.1691, including reasonable
investments and expendituresnew text begin, net of revenues,new text end made to:

(1) transmit the electricity generated from sources developed under those sections that
is ultimately used to provide service to the utility's retail customers, including studies
necessary to identify new transmission facilities needed to transmit electricity to Minnesota
retail customers from generating facilities constructed to satisfy the renewable energy
objectives and standards, provided that the costs of the studies have not been recovered
previously under existing tariffs and the utility has filed an application for a certificate of
need or for certification as a priority project under section 216B.2425 for the new
transmission facilities identified in the studies;

(2) provide storage facilities for renewable energy generation facilities that contribute
to the reliability, efficiency, or cost-effectiveness of the renewable facilities; or

(3) develop renewable energy sources from the account required in section 116C.779.

Sec. 9.

Minnesota Statutes 2018, section 216B.1645, subdivision 2, is amended to read:


Subd. 2.

Cost recovery.

The expenses incurred by the utility over the duration of the
approved contract or useful life of the investment deleted text beginanddeleted text endnew text begin,new text end expenditures made pursuant to section
116C.779 deleted text beginshall bedeleted text endnew text begin, and employment of local workers to construct and maintain generation
facilities that supply power to the utility's customers are
new text end recoverable from the ratepayers of
the utility, to the extent they are not offset by utility revenues attributable to the contracts,
investments, or expenditures. Upon petition by a public utility, the commission shall approve
or approve as modified a rate schedule providing for the automatic adjustment of charges
to recover the expenses or costs approved by the commission under subdivision 1, which,
in the case of transmission expenditures, are limited to the portion of actual transmission
costs that are directly allocable to the need to transmit power from the renewable sources
of energy. The commission may not approve recovery of the costs for that portion of the
power generated from sources governed by this section that the utility sells into the wholesale
market.

Sec. 10.

Minnesota Statutes 2018, section 216B.1691, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) Unless otherwise specified in law, "eligible energy
technology" means an energy technology that generates electricity from the following
renewable energy sources:

(1) solar;

(2) wind;

(3) hydroelectric with a capacity of less than 100 megawatts;

(4) hydrogen, provided that after January 1, 2010, the hydrogen must be generated from
the resources listed in this paragraph; or

(5) biomass, which includes, without limitation, landfill gas; an anaerobic digester
system; the predominantly organic components of wastewater effluent, sludge, or related
by-products from publicly owned treatment works, but not including incineration of
wastewater sludge to produce electricity; and an energy recovery facility used to capture
the heat value of mixed municipal solid waste or refuse-derived fuel from mixed municipal
solid waste as a primary fuel.

(b) "Electric utility" means a public utility providing electric service, a generation and
transmission cooperative electric association, a municipal power agency, or a power district.

(c) "Total retail electric sales" means the kilowatt-hours of electricity sold in a year by
an electric utility to retail customers of the electric utility or to a distribution utility for
distribution to the retail customers of the distribution utility. "Total retail electric sales"
does not include the sale of hydroelectricity supplied by a federal power marketing
administration or other federal agency, regardless of whether the sales are directly to a
distribution utility or are made to a generation and transmission utility and pooled for further
allocation to a distribution utility.

new text begin (d) "Carbon-free" means a technology that generates electricity without emitting carbon
dioxide.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2018, section 216B.1691, subdivision 2b, is amended to read:


Subd. 2b.

Modification or delay of standard.

(a) The commission shall modify or delay
the implementation of a standard obligation, in whole or in part, if the commission determines
it is in the public interest to do so. The commission, when requested to modify or delay
implementation of a standard, must consider:

(1) the impact of implementing the standard on its customers' utility costs, including the
economic and competitive pressure on the utility's customers;

(2) new text beginthe environmental costs incurred as a result of a delay or modification, based on the
environmental cost values established in section 216B.2422, subdivision 3;
new text end

new text begin (3) new text endthe effects of implementing the standard on the reliability of the electric system;

deleted text begin (3)deleted text endnew text begin (4)new text end technical advances or technical concerns;

deleted text begin (4)deleted text endnew text begin (5)new text end delays in acquiring sites or routes due to rejection or delays of necessary siting
or other permitting approvals;

deleted text begin (5)deleted text endnew text begin (6)new text end delays, cancellations, or nondelivery of necessary equipment for construction or
commercial operation of an eligible energy technology facility;

deleted text begin (6)deleted text endnew text begin (7)new text end transmission constraints preventing delivery of service; and

deleted text begin (7)deleted text endnew text begin (8)new text end other statutory obligations imposed on the commission or a utility.

new text begin (b) new text endThe commission may modify or delay implementation of a standard obligation under
new text begin paragraph (a), new text endclauses (1) to deleted text begin(3)deleted text endnew text begin (4),new text end only if it finds implementation would cause significant
rate impact, requires significant measures to address reliability, new text beginwould not cause significant
environmental costs,
new text endor raises significant technical issues. The commission may modify or
delay implementation of a standard obligation under new text beginparagraph (a), new text endclauses deleted text begin(4)deleted text endnew text begin (5)new text end to deleted text begin(6)deleted text endnew text begin
(7),
new text end only if it finds that the circumstances described in those clauses were due to
circumstances beyond an electric utility's control and make compliance not feasible.

new text begin (c) When evaluating transmission capacity constraints under paragraph (a), clause (7),
the commission must consider:
new text end

new text begin (1) whether the utility has, in a timely fashion, undertaken reasonable measures under
its control and consistent with its obligations under local, state, and federal laws and
regulations, and its obligations as a member of the Midcontinent Independent System
Operator, to acquire sites, necessary permit approvals, and necessary equipment to develop
and construct new transmission lines or upgrade existing transmission lines to transmit
electricity generated by eligible energy technologies; and
new text end

new text begin (2) whether the utility has taken all reasonable operational measures to maximize
cost-effective electricity delivery from eligible energy technologies in advance of
transmission availability.
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end When considering whether to delay or modify implementation of a standard
obligation, the commission must give due consideration to a preference for electric generation
through use of eligible energy technology and to the achievement of the standards set by
this section.

deleted text begin (c)deleted text endnew text begin (e)new text end An electric utility requesting a modification or delay in the implementation of a
standard must file a plan to comply with its standard obligation in the same proceeding that
it is requesting the delay.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2018, section 216B.1691, is amended by adding a subdivision
to read:


new text begin Subd. 2g. new text end

new text begin Carbon-free standard. new text end

new text begin Each electric utility subject to subdivision 2a shall
generate or procure sufficient electricity generated by carbon-free technologies to provide
its retail customers in Minnesota, or the retail customers of a distribution utility to which
the electric utility provides wholesale electric service, so that 100 percent of the electric
utility's total retail electric sales to retail customers in Minnesota is generated by carbon-free
technologies by the end of 2050.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2018, section 216B.1691, subdivision 9, is amended to read:


Subd. 9.

Local benefits.

new text begin(a) new text endThe commission shall take all reasonable actions within its
statutory authority to ensure this section is implemented deleted text beginto maximizedeleted text endnew text begin in a manner that
maximizes
new text end benefits to new text beginall new text endMinnesota citizensdeleted text begin, balancingdeleted text endnew text begin and local workers throughout the
state. Benefits under this subdivision include but are not limited to:
new text end

new text begin (1) the creation of high-quality jobs in Minnesota that pay wages that support families;
new text end

new text begin (2) recognition of the rights of workers to organize and unionize;
new text end

new text begin (3) ensuring workers have the necessary tools, opportunities, and economic assistance
to adapt successfully during the energy transition, particularly in communities that host
retiring power plants or that contain historically marginalized and underrepresented
populations;
new text end

new text begin (4) ensuring all Minnesotans share (i) the benefits of clean and renewable energy, and
(ii) the opportunity to participate fully in the clean energy economy;
new text end

new text begin (5) ensuring air emissions are reduced in communities historically burdened by pollution
and the impacts of climate change; and
new text end

new text begin (6) the provision of affordable electric service to Minnesotans, and particularly to
low-income consumers.
new text end

new text begin (b) The commission must also implement this section in a manner that balancesnew text end factors
such as local ownership of or participation in energy production,new text begin local job impacts,new text end
development and ownership of eligible energy technology facilities by independent power
producers, Minnesota utility ownership of eligible energy technology facilities, the costs
of energy generation to satisfy the renewable deleted text beginstandarddeleted text endnew text begin and carbon-free standardsnew text end, and the
reliability of electric service to Minnesotans.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

new text begin [216B.1697] ENERGY STORAGE SYSTEM; APPLICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "energy storage system"
means a commercially available technology that uses mechanical, chemical, or thermal
processes to:
new text end

new text begin (1) store energy and deliver the stored energy for use at a later time; or
new text end

new text begin (2) store thermal energy for direct use for heating or cooling at a later time in a manner
that reduces the demand for electricity at the later time.
new text end

new text begin Subd. 2. new text end

new text begin Application requirement. new text end

new text begin No later than January 1, 2021, each public utility
providing retail electric service in Minnesota must submit to the commission for review
and approval an application to install one or more energy storage systems.
new text end

new text begin Subd. 3. new text end

new text begin Application contents. new text end

new text begin (a) Each application submitted under this section must
contain the following information:
new text end

new text begin (1) technical specifications of the energy storage system, including but not limited to:
new text end

new text begin (i) the maximum amount of electric output that the energy storage system can provide;
new text end

new text begin (ii) the length of time the energy storage system can sustain its maximum output;
new text end

new text begin (iii) the location of the project and a description of the analysis conducted to determine
the location;
new text end

new text begin (iv) the needs of the public utility's electric system the proposed energy storage system
addresses;
new text end

new text begin (v) a description of the types of services the energy storage system is expected to provide;
and
new text end

new text begin (vi) a description of the technology required to construct, operate, and maintain the
energy storage system, including any data or communication system necessary to operate
the energy storage system;
new text end

new text begin (2) the estimated cost of the project, including:
new text end

new text begin (i) capital costs;
new text end

new text begin (ii) the estimated cost per unit of energy delivered by the energy storage system; and
new text end

new text begin (iii) an evaluation of the energy storage system's cost-effectiveness;
new text end

new text begin (3) the estimated benefits of the energy storage system to the public utility's electric
system, including but not limited to:
new text end

new text begin (i) deferred investments in generation, transmission, or distribution capacity;
new text end

new text begin (ii) reduced need for electricity during times of peak demand;
new text end

new text begin (iii) improved reliability of the public utility's transmission or distribution system; and
new text end

new text begin (iv) improved integration of the public utility's renewable energy resources;
new text end

new text begin (4) how the addition of an energy storage system complements proposed actions of the
public utility described in its most recent integrated resource plan submitted under section
216B.2422, to meet expected demand with the lowest-cost combination of resources; and
new text end

new text begin (5) any additional information required by the commission.
new text end

new text begin (b) A public utility must include in its application an evaluation of the potential to store
energy in the public utility's electric system, and must identify geographic areas in the public
utility's service area where the deployment of energy storage systems has the greatest
potential to achieve the economic benefits identified in paragraph (a), clause (3).
new text end

new text begin Subd. 4. new text end

new text begin Commission review. new text end

new text begin The commission must review each proposal submitted
under this section, and may approve, reject, or modify the proposal. The commission must
approve a proposal it determines is in the public interest and reasonably balances the value
derived from the deployment of an energy storage system for ratepayers and the public
utility's operations with the costs of procuring, constructing, operating, and maintaining the
energy storage system.
new text end

new text begin Subd. 5. new text end

new text begin Cost recovery. new text end

new text begin A public utility may recover from ratepayers all costs prudently
incurred by the public utility to deploy an energy storage system approved by the commission
under this section, net of any revenues generated by the operation of the energy storage
system.
new text end

new text begin Subd. 6. new text end

new text begin Commission authority; orders. new text end

new text begin The commission may issue orders necessary
to implement and administer this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

new text begin [216B.1698] INNOVATIVE CLEAN TECHNOLOGIES.
new text end

new text begin (a) For purposes of this section, "innovative clean technology" means advanced energy
technology that is:
new text end

new text begin (1) environmentally superior to technologies currently in use;
new text end

new text begin (2) expected to offer energy-related, environmental, or economic benefits; and
new text end

new text begin (3) not widely deployed by the utility industry.
new text end

new text begin (b) A public utility may petition the commission for authorization to invest in a project
or projects to deploy one or more innovative clean technologies to further the development,
commercialization, and deployment of innovative clean technologies for the benefit of utility
customers.
new text end

new text begin (c) The commission may approve a petition under paragraph (b) if it finds:
new text end

new text begin (1) the technologies proposed to be deployed are innovative clean technologies;
new text end

new text begin (2) the utility is meeting its energy conservation goals under section 216B.241; and
new text end

new text begin (3) the petition does not result in a utility spending more than $5,000,000 per year on
innovative clean technologies under this section.
new text end

new text begin (d) The commission may also permit a public utility to file rate schedules containing
provisions to automatically adjust charges for public utility service in direct relation to
changes in prudent costs incurred by a utility under this section, up to $5,000,000 each year.
To the extent the utility investment under this section is for a capital asset, the utility may
request that the asset be included in the utility's rate base.
new text end

Sec. 16.

Minnesota Statutes 2018, section 216B.2401, is amended to read:


216B.2401 ENERGY SAVINGS new text beginAND OPTIMIZATION new text endPOLICY GOAL.

new text begin (a) new text endThe legislature finds that energy savings are an energy resource, and that cost-effective
energy savings are preferred over all other energy resources. new text beginIn addition, the legislature
finds that optimizing when and how energy consumers manage energy use can provide
significant benefits to the consumers and to the utility system as a whole.
new text endThe legislature
further finds that cost-effective energy savingsnew text begin and load management programsnew text end should be
procured systematically and aggressively in order to reduce utility costs for businesses and
residents, improve the competitiveness and profitability of businesses, create more
energy-related jobs, reduce the economic burden of fuel imports, and reduce pollution and
emissions that cause climate change. Therefore, it is the energy policy of the state of
Minnesota to achieve annual energy savings deleted text beginequaldeleted text endnew text begin equivalentnew text end to at least deleted text begin1.5deleted text endnew text begin 2.5new text end percent of
annual retail energy sales of electricity and natural gas through deleted text begincost-effective energy
conservation improvement programs and rate design, energy efficiency achieved by energy
consumers without direct utility involvement, energy codes and appliance standards, programs
designed to transform the market or change consumer behavior, energy savings resulting
from efficiency improvements to the utility infrastructure and system, and other efforts to
promote energy efficiency and energy conservation.
deleted text endnew text begin multiple means, including but not
limited to:
new text end

new text begin (1) cost-effective energy conservation improvement programs and efficient fuel-switching
utility programs under sections 216B.2402 to 216B.241;
new text end

new text begin (2) rate design;
new text end

new text begin (3) energy efficiency achieved by energy consumers without direct utility involvement;
new text end

new text begin (4) advancements in statewide energy codes and cost-effective appliance and equipment
standards;
new text end

new text begin (5) programs designed to transform the market or change consumer behavior;
new text end

new text begin (6) energy savings resulting from efficiency improvements to the utility infrastructure
and system; and
new text end

new text begin (7) other efforts to promote energy efficiency and energy conservation.
new text end

new text begin (b) A utility is encouraged to design and offer to its customers load management programs
that enable (1) customers to maximize the economic value gained from the energy purchased
from the customer's utility service provider, and (2) utilities to optimize the infrastructure
and generation capacity needed to effectively serve customers and facilitate the integration
of renewable energy into the energy system. The commissioner must provide a reasonable
estimate for progress toward this statewide energy-savings goal in the annual report required
under section 216B.241, subdivision 1c, along with recommendations for administrative or
legislative initiatives to increase energy savings toward that goal. The commissioner must
also annually report on the energy productivity of the state's economy by providing an
estimate of the ratio of economic output produced in the most recently completed calendar
year to the primary energy inputs used in that year.
new text end

Sec. 17.

new text begin [216B.2402] DEFINITIONS.
new text end

new text begin (a) For the purposes of section 216B.16, subdivision 6b, and sections 216B.2401 to
216B.241, the terms defined in this section have the meanings given them.
new text end

new text begin (b) "Consumer-owned utility" means a municipal utility or a cooperative electric
association.
new text end

new text begin (c) "Cumulative lifetime savings" means the total electric energy or natural gas savings
in a given year from energy conservation improvements installed in the given year or in
previous years that are still operational have not reached the end of the improvement's useful
life.
new text end

new text begin (d) "Efficient fuel-switching improvement" means a project that: replaces a fuel used
by a customer with electricity or natural gas delivered at retail by a utility subject to this
section, resulting in a net increase in the use of electricity or natural gas and a net decrease
in source energy consumption on a fuel-neutral basis; and otherwise meets the criteria
established in section 216B.2403, subdivision 8. An efficient fuel-switching improvement
requires the installation of equipment that utilizes electricity or natural gas, resulting in a
reduction or elimination of use of the previous fuel. An efficient fuel-switching improvement
is not an energy conservation improvement even if it results in a net reduction in electricity
or natural gas.
new text end

new text begin (e) "Energy conservation" means an action that results in a net reduction in electricity
or natural gas consumption. Energy conservation does not include an efficient fuel-switching
improvement.
new text end

new text begin (f) "Energy conservation improvement" means a project that results in energy efficiency
or energy conservation. Energy conservation improvement may include waste heat that is
recovered and converted into electricity, but does not include electric utility infrastructure
projects approved by the commission under section 216B.1636. Energy conservation
improvement includes waste heat recovered and used as thermal energy.
new text end

new text begin (g) "Energy efficiency" means measures or programs, including energy conservation
measures or programs, that target consumer behavior, equipment, processes, or devices and
are designed to produce either an absolute decrease in consumption of electricity or natural
gas or a decrease in consumption of electric energy or natural gas on a per unit of production
basis, without reducing the quality or level of service provided to the energy consumer.
new text end

new text begin (h) "Fuel" means energy consumed by a retail utility customer. Fuel includes electricity,
propane, natural gas, heating oil, gasoline, diesel fuel, or steam.
new text end

new text begin (i) "Fuel neutral" means an approach that compares the use of various fuels for a given
end use, using a common metric.
new text end

new text begin (j) "Gross annual retail energy sales" means the annual electric sales to all retail customers
in a utility's or association's Minnesota service territory or natural gas throughput to all retail
customers, including natural gas transportation customers, on a utility's distribution system
in Minnesota. Gross annual retail energy sales does not include:
new text end

new text begin (1) gas sales to:
new text end

new text begin (i) a large energy facility;
new text end

new text begin (ii) a large customer facility whose natural gas utility has been exempted by the
commissioner under section 216B.241, subdivision 1a, paragraph (a), with respect to natural
gas sales made to the large customer facility; and
new text end

new text begin (iii) a commercial gas customer facility whose natural gas utility has been exempted by
the commissioner under section 216B.241, subdivision 1a, paragraph (b), with respect to
natural gas sales made to the commercial gas customer facility; or
new text end

new text begin (2) electric sales to a large customer facility whose electric utility has been exempted
by the commissioner under section 216B.241, subdivision 1a, paragraph (a), with respect
to electric sales made to the large facility.
new text end

new text begin (k) "Investments and expenses of a public utility" means the investments and expenses
incurred by a public utility in connection with an energy conservation improvement.
new text end

new text begin (l) "Large customer facility" means all buildings, structures, equipment, and installations
at a single site that collectively (1) impose a peak electrical demand on an electric utility's
system of at least 20,000 kilowatts, measured in the same way as the utility that serves the
customer facility measures electric demand for billing purposes, or (2) consume at least
500,000,000 cubic feet of natural gas annually. When calculating peak electrical demand,
a large customer facility may include demand offset by on-site cogeneration facilities and,
if engaged in mineral extraction, may aggregate peak energy demand from the large customer
facility's mining processing operations.
new text end

new text begin (m) "Large energy facility" has the meaning given in section 216B.2421, subdivision 2,
clause (1).
new text end

new text begin (n) "Lifetime energy savings" means the amount of savings a particular energy
conservation improvement produces over the improvement's effective useful lifetime.
new text end

new text begin (o) "Load management" means an activity, service, or technology to change the timing
or the efficiency of a customer's use of energy that allows a utility or a customer to (1)
respond to local and regional energy system conditions, or (2) reduce peak demand for
electricity or natural gas. Load management that reduces the customer's net annual energy
consumption is also energy conservation.
new text end

new text begin (p) "Low-income household" means a household whose household income is 60 percent
or less of the state median household income.
new text end

new text begin (q) "Low-income programs" means energy conservation improvement programs that
directly serve the needs of low-income persons, including low-income renters. Multifamily
buildings of five units or more that are rented by low-income persons are eligible to be
served through low-income programs, which may include upgrading appliances, upgrading
heating and air conditioning equipment, and building envelope improvements.
new text end

new text begin (r) "Member" has the meaning given in section 308B.005, subdivision 15.
new text end

new text begin (s) "Qualifying utility" means a utility that supplies a customer with energy that enables
the customer to qualify as a large customer facility.
new text end

new text begin (t) "Source energy" means the total amount of fuel required for a given purpose,
considering energy losses in the production, transmission, and delivery of the energy.
new text end

new text begin (u) "Waste heat recovered and used as thermal energy" means capturing heat energy
that would be exhausted or dissipated to the environment from machinery, buildings, or
industrial processes, and productively using the recovered thermal energy where it was
captured or distributing it as thermal energy to other locations where it is used to reduce
demand-side consumption of natural gas, electric energy, or both.
new text end

new text begin (v) "Waste heat recovery converted into electricity" means an energy recovery process
that converts otherwise lost energy from the heat of exhaust stacks or pipes used for engines
or manufacturing or industrial processes, or the reduction of high pressure in water or gas
pipelines.
new text end

Sec. 18.

new text begin [216B.2403] CUSTOMER-OWNED UTILITIES; ENERGY
CONSERVATION AND OPTIMIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to:
new text end

new text begin (1) a cooperative electric association that provides retail service to more than 5,000
members;
new text end

new text begin (2) a municipality that provides electric service to more than 1,000 retail customers; and
new text end

new text begin (3) a municipality with more than 1,000,000,000 cubic feet in annual throughput sales
to natural gas retail customers.
new text end

new text begin Subd. 2. new text end

new text begin Consumer-owned utility; energy-savings goal. new text end

new text begin (a) Each individual
consumer-owned utility subject to this section has an annual energy-savings goal equivalent
to 1.5 percent of gross annual retail energy sales. The annual energy-savings goal must be
met with a minimum of energy savings from energy conservation improvements equivalent
to at least one percent of the consumer-owned utility's gross annual retail energy sales. The
balance of energy savings toward the annual energy-savings goal must be achieved by the
following utility activities:
new text end

new text begin (1) energy savings from additional energy conservation improvements;
new text end

new text begin (2) electric utility infrastructure projects, as defined in section 216B.1636, subdivision
1; or
new text end

new text begin (3) net energy savings from efficient fuel-switching improvements that meet the criteria
under subdivision 8.
new text end

new text begin (b) Nothing in this section limits a utility's ability to report and recognize savings from
activities under paragraph (a), clauses (2) and (3), in excess of the utility's annual energy
savings, provided the utility has met the minimum energy-savings goal from energy
conservation improvements.
new text end

new text begin (c) The energy-savings goals specified in this section must be calculated based on the
most recent three-year, weather-normalized average. A consumer-owned utility that elects
to file annual plans may carry forward for up to three years any energy savings in excess
of its 1.5 percent energy-savings goal in a single year.
new text end

new text begin (d) A consumer-owned utility subject to this section is not required to make energy
conservation improvements that are not cost-effective, even if the improvement is necessary
to attain the energy-savings goal. A consumer-owned utility subject to this section must
make reasonable efforts to implement energy conservation improvements above the minimum
level set under this subdivision if cost-effective opportunities and utility funding are available,
considering other potential investments the utility plans to make for the benefit of customers
during the term of the plan filed under subdivision 4.
new text end

new text begin (e) A consumer-owned utility may request that the commissioner adjust its minimum
goal for energy savings from energy conservation improvements specified under paragraph
(a) for the period of the plan filed under subdivision 4. The request must be made by January
1 of a year when the utility must file a plan under subdivision 4. The request must be based
on:
new text end

new text begin (1) historical energy conservation improvement program achievements;
new text end

new text begin (2) customer class makeup;
new text end

new text begin (3) projected load growth;
new text end

new text begin (4) an energy conservation potential study that estimates the amount of cost-effective
energy conservation potential that exists in the utility's service territory;
new text end

new text begin (5) the cost-effectiveness and quality of the energy conservation programs offered by
the utility; and
new text end

new text begin (6) other factors the commissioner and consumer-owned utility determine warrant an
adjustment.
new text end

new text begin The commissioner must adjust the savings goal to a level the commissioner determines is
supported by the record, but must not approve a minimum energy-savings goal from energy
conservation improvements that is less than one percent of gross annual retail energy sales.
new text end

new text begin Subd. 3. new text end

new text begin Consumer-owned utility; energy savings investments. new text end

new text begin (a) Each cooperative
electric association and municipality subject to subdivision 2 must spend and invest in the
following amounts for energy conservation improvements under this subdivision:
new text end

new text begin (1) for a municipality, 0.5 percent of its gross operating revenues from the sale of gas
and 1.5 percent of its gross operating revenues from the sale of electricity, excluding gross
operating revenues from electric and gas service provided in Minnesota to large electric
customer facilities; and
new text end

new text begin (2) for a cooperative electric association, 1.5 percent of its gross operating revenues
from service provided in the state, excluding gross operating revenues from service provided
in the state to large electric customer facilities indirectly through a distribution cooperative
electric association.
new text end

new text begin (b) Each municipality and cooperative electric association subject to this subdivision
must identify and implement energy conservation improvement spending and investments
that are appropriate for the municipality or association, except that a municipality or
association must not spend or invest for energy conservation improvements that directly
benefit a large energy facility or a large electric customer facility that the commissioner has
issued an exemption to under section 216B.241, subdivision 1a, paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Consumer-owned utility; energy conservation and optimization plans. new text end

new text begin (a)
By June 1, 2021, each consumer-owned utility must file with the commissioner an energy
conservation and optimization plan that describes the programs for energy conservation,
efficient fuel-switching improvements and load management programs, and other processes
and programs the utility plans to use to achieve its energy-savings goal. The plan may cover
a period not to exceed two years. The plan must provide an analysis of the cost-effectiveness
of the consumer-owned utility's programs offered under the plan, using a list of baseline
energy- and capacity-savings assumptions developed in consultation with the department.
An individual utility program may combine elements of energy conservation, load
management, or efficient fuel-switching. Plans received by June 1 must be evaluated by the
commissioner based on how well the plan meets the goals set under subdivision 2 by
December 1 of the same year, including the commissioner's assessment of whether the plan
is likely to achieve the goals. Beginning June 1, 2022, and every June 1 thereafter, each
consumer-owned utility must file: (1) an annual update identifying the status of its annual
plan filed under this subdivision, including (i) total expenditures and investments made to
date, and (ii) any intended changes to the plan; and (2) a summary of the annual
energy-savings achievements under a completed plan and a new plan that complies with
this section.
new text end

new text begin (b) In the filings required under paragraph (a), a consumer-owned utility must describe
and evaluate the programs offered by the utility under the plan, including:
new text end

new text begin (1) energy conservation improvements in the previous period and its progress toward
the minimum energy-savings goal from energy conservation improvements described in
subdivision 2, including accounting for lifetime savings and cumulative lifetime energy
savings under the plan. The evaluation must briefly describe each conservation program
the utility offers or plans to offer, and must specify the energy savings or increased efficiency
in the use of energy within the service territory of the utility that is the result of the program.
The commissioner must review each evaluation and make recommendations, where
appropriate, to the consumer-owned utility to increase the effectiveness of conservation
improvement activities. The commissioner must consider and may require a consumer-owned
utility to undertake a cost-effective program suggested by an outside source, including a
political subdivision, nonprofit corporation, or community organization;
new text end

new text begin (2) load management activities, including an analysis of the reduction in peak load
resulting from the program and an assessment of the cost-effectiveness of each program;
and
new text end

new text begin (3) efficient fuel-switching improvement activities, including an analysis regarding how
each program meets the criteria specified in subdivision 8 and an assessment of the
cost-effectiveness of each program. For improvements requiring the deployment of electric
technologies, the plan must also provide an analysis regarding how the fuel-switching
improvement is operated in order to facilitate the integration of variable renewable energy
into the electric system.
new text end

new text begin (c) When evaluating the cost-effectiveness of utility programs, the consumer-owned
utility and the commissioner must consider the costs and benefits to ratepayers, the utility,
participants, and society. In addition, the commissioner must consider the rate at which the
consumer-owned utility is increasing its energy savings and expenditures on energy
conservation, and its lifetime energy savings and cumulative energy savings.
new text end

new text begin (d) Each consumer-owned utility subject to this subdivision may annually spend and
invest up to ten percent of the total amount spent and invested on energy conservation
improvements under this subdivision on research and development projects that meet the
definition of energy conservation improvement and that are funded directly by the
consumer-owned utility.
new text end

new text begin (e) A generation and transmission cooperative electric association or municipal power
agency that provides energy services to consumer-owned utilities may invest in energy
conservation improvements on behalf of consumer-owned utilities it serves and may fulfill
the conservation, reporting, and energy-savings goals for any of those consumer-owned
utilities on an aggregate basis. For consumer-owned utilities electing to aggregate services
under this paragraph, multiyear plans up to three years may be filed with the commissioner.
new text end

new text begin (f) A consumer-owned utility is prohibited from spending for or investing in energy
conservation improvements that directly benefit a large energy facility or a large electric
customer facility the commissioner has issued an exemption to under section 216B.241,
subdivision 1a.
new text end

new text begin (g) The energy conservation and optimization plan of each consumer-owned utility
subject to this section must include activities to improve energy efficiency in the public
schools served by the utility. At a minimum, those activities must consist of programs to
update lighting in the school, update the heating and cooling systems of the school, provide
for building recommissioning, provide building operator training, and provide opportunities
to educate students, teachers, and staff regarding energy efficiency measures implemented
at that school.
new text end

new text begin Subd. 5. new text end

new text begin Low-income programs. new text end

new text begin (a) Each consumer-owned utility subject to this section
must provide energy conservation programs to low-income households. The commissioner
must evaluate a utility's plans under this section, considering the utility's historic spending
and participation levels, energy savings resulting from low-income programs, and the number
of low-income persons residing in the utility's service territory. A municipal utility that
furnishes gas service must spend at least 0.4 percent of its most recent three-year average
gross operating revenue from residential customers in Minnesota on low-income programs.
A consumer-owned utility that furnishes electric service must spend at least 0.4 percent of
its gross operating revenue from residential customers in Minnesota on low-income programs.
This requirement applies to each generation and transmission cooperative association's
members' aggregate gross operating revenue from the sale of electricity to residential
customers in Minnesota.
new text end

new text begin (b) To meet the requirements of paragraph (a), a consumer-owned utility may contribute
money to the energy and conservation account in section 216B.241, subdivision 2a. An
energy conservation improvement plan must state the amount, if any, of low-income energy
conservation improvement funds the utility plans to contribute to the energy and conservation
account. Contributions must be remitted to the commissioner by February 1 each year.
new text end

new text begin (c) The commissioner must establish low-income programs to use money contributed
to the energy and conservation account under paragraph (b). When establishing low-income
programs, the commissioner must consult political subdivisions, utilities, and nonprofit and
community organizations, including organizations engaged in providing energy and
weatherization assistance to low-income households. Money contributed to the energy and
conservation account under paragraph (b) must provide programs for low-income households,
including low-income renters, located in the service territory of the utility or association
providing the money. The commissioner must record and report expenditures and energy
savings achieved as a result of low-income programs funded through the energy and
conservation account in the report required under section 216B.241, subdivision 1c, paragraph
(f). The commissioner may contract with a political subdivision, nonprofit or community
organization, public utility, municipality, or cooperative electric association to implement
low-income programs funded through the energy and conservation account.
new text end

new text begin (d) A consumer-owned utility may petition the commissioner to modify its required
spending under this subdivision if the utility and the commissioner were unable to expend
the amount required for three consecutive years.
new text end

new text begin (e) For purposes of this subdivision, "multifamily building" means a residential building
with five or more dwelling units. Notwithstanding the definition of low-income household
in section 216B.2402, for purposes of determining eligibility for multifamily buildings in
low-income programs, a utility or association may use one or more of the following:
new text end

new text begin (1) information demonstrating a multifamily building's units are rented to households
meeting one of the following criteria:
new text end

new text begin (i) household income at or below 200 percent of federal poverty level;
new text end

new text begin (ii) household income at or below 60 percent of area median income;
new text end

new text begin (iii) occupancy within a building that is certified on the Low Income Rental Classification
(LIRC) Assessor Report compiled annually by the Minnesota Housing Finance Agency; or
new text end

new text begin (iv) occupancy within a building that has a declaration against the property requiring
that a portion of the units are rented to tenants with an annual household income less than
or equal to 60 percent of area median income;
new text end

new text begin (2) a property's participation in an affordable housing program, including low-income
housing tax credits (LIHTC), United States Department of Housing and Urban Development
(HUD) assistance, United States Department of Agriculture (USDA) assistance, Minnesota
Housing Finance Agency assistance, or local tax abatement for low-income properties; or
new text end

new text begin (3) documentation demonstrating that the property is on the waiting list for or currently
participating in the United States Department of Energy Weatherization Assistance Program.
new text end

new text begin Subd. 6. new text end

new text begin Recovery of expenses. new text end

new text begin The commission must allow a cooperative electric
association subject to rate regulation under section 216B.026 to recover expenses resulting
from (1) a plan under this subdivision, and (2) assessments and contributions to the energy
and conservation account under section 216B.241, subdivision 2a.
new text end

new text begin Subd. 7. new text end

new text begin Ownership of energy conservation improvement. new text end

new text begin An energy conservation
improvement to or installed in a building under this section, excluding a system owned by
the consumer-owned utility that is designed to turn off, limit, or vary the delivery of energy,
is the exclusive property of the building owner, except to the extent that the improvement
is subject to a security interest in favor of the utility in case of a loan to the building owner.
new text end

new text begin Subd. 8. new text end

new text begin Criteria for efficient fuel-switching improvements. new text end

new text begin A fuel-switching
improvement is deemed efficient if the commissioner finds the improvement, relative to
the fuel being displaced:
new text end

new text begin (1) results in a net reduction in the cost and amount of source energy consumed for a
particular use, measured on a fuel-neutral basis;
new text end

new text begin (2) results in a net reduction of statewide greenhouse gas emissions, as defined in section
216H.01, subdivision 2, over the lifetime of the improvement. For an efficient fuel-switching
improvement installed by an electric utility, the reduction in emissions must be measured
based on the hourly emissions profile of the utility or the utility's wholesale provider. Where
applicable, the hourly emissions profile used must be the most recent resource plan approved
by the commission under section 216B.2422;
new text end

new text begin (3) is cost-effective from a societal perspective, considering the costs associated with
both the old and replacement fuels; and
new text end

new text begin (4) is installed and operated in a manner that does not unduly increase the utility's system
peak demand or require significant new investment in utility infrastructure.
new text end

new text begin Subd. 9. new text end

new text begin Manner of filing and service. new text end

new text begin (a) A consumer-owned utility must submit the
filings required by this section to the department using the department's electronic filing
system.
new text end

new text begin (b) The submission of a document to the department's electronic filing system constitutes
service on the department. If a department rule requires service of a notice, order, or other
document by the department, utility, or interested party upon persons on a service list
maintained by the department, service may be made by personal delivery, mail, or electronic
service. Electronic service may be made only to persons on the service list that have
previously agreed in writing to accept electronic service at an electronic address provided
to the department for electronic service purposes.
new text end

new text begin Subd. 10. new text end

new text begin Assessment. new text end

new text begin The commission or department may assess utilities subject to
this section to carry out the purposes of section 216B.241, subdivisions 1d, 1e, and 1f. An
assessment under this paragraph must be proportionate to the utility's respective gross
operating revenue from sales of gas or electric service in Minnesota during the previous
calendar year. Assessments under this subdivision are not subject to the cap on assessments
under section 216B.62 or any other law.
new text end

new text begin Subd. 11. new text end

new text begin Waste heat recovery; thermal energy distribution. new text end

new text begin Subject to department
approval, demand-side natural gas or electric energy displaced by use of waste heat recovered
and used as thermal energy, including the recovered thermal energy from a cogeneration
or combined heat and power facility, is eligible to be counted toward a consumer-owned
utility's natural gas or electric savings goals.
new text end

Sec. 19.

Minnesota Statutes 2018, section 216B.241, subdivision 1a, is amended to read:


Subd. 1a.

deleted text beginInvestment, expenditure, and contribution; public utilitydeleted text endnew text begin Large customer
facility
new text end.

deleted text begin (a) For purposes of this subdivision and subdivision 2, "public utility" has the
meaning given it in section 216B.02, subdivision 4. Each public utility shall spend and
invest for energy conservation improvements under this subdivision and subdivision 2 the
following amounts:
deleted text end

deleted text begin (1) for a utility that furnishes gas service, 0.5 percent of its gross operating revenues
from service provided in the state;
deleted text end

deleted text begin (2) for a utility that furnishes electric service, 1.5 percent of its gross operating revenues
from service provided in the state; and
deleted text end

deleted text begin (3) for a utility that furnishes electric service and that operates a nuclear-powered electric
generating plant within the state, two percent of its gross operating revenues from service
provided in the state.
deleted text end

deleted text begin For purposes of this paragraph (a), "gross operating revenues" do not include revenues
from large customer facilities exempted under paragraph (b), or from commercial gas
customers that are exempted under paragraph (c) or (e).
deleted text end

deleted text begin (b)deleted text endnew text begin (a)new text end The owner of a large customer facility may petition the commissioner to exempt
both electric and gas utilities serving the large customer facility from the investment and
expenditure requirements of deleted text beginparagraph (a)deleted text endnew text begin a utility's plan under this section or section
216B.2403
new text end with respect to retail revenues attributable to the large customer facility. The
filing must include a discussion of the competitive or economic pressures facing the owner
of the facility and the efforts taken by the owner to identify, evaluate, and implement energy
conservation and efficiency improvements. A filing submitted on or before October 1 of
any year must be approved within 90 days and become effective January 1 of the year
following the filing, unless the commissioner finds that the owner of the large customer
facility has failed to take reasonable measures to identify, evaluate, and implement energy
conservation and efficiency improvements. If a facility qualifies as a large customer facility
solely due to its peak electrical demand or annual natural gas usage, the exemption may be
limited to the qualifying utility if the commissioner finds that the owner of the large customer
facility has failed to take reasonable measures to identify, evaluate, and implement energy
conservation and efficiency improvements with respect to the nonqualifying utility. Once
an exemption is approved, the commissioner may request the owner of a large customer
facility to submit, not more often than once every five years, a report demonstrating the
large customer facility's ongoing commitment to energy conservation and efficiency
improvement after the exemption filing. The commissioner may request such reports for
up to ten years after the effective date of the exemption, unless the majority ownership of
the large customer facility changes, in which case the commissioner may request additional
reports for up to ten years after the change in ownership occurs. The commissioner may,
within 180 days of receiving a report submitted under this paragraph, rescind any exemption
granted under this paragraph upon a determination that the large customer facility is not
continuing to make reasonable efforts to identify, evaluate, and implement energy
conservation improvements. A large customer facility that is, under an order from the
commissioner, exempt from the investment and expenditure requirements of paragraph (a)
as of December 31, 2010, is not required to submit a report to retain its exempt status, except
as otherwise provided in this paragraph with respect to ownership changes. No exempt large
customer facility may participate in a utility conservation improvement program unless the
owner of the facility submits a filing with the commissioner to withdraw its exemption.

deleted text begin (c)deleted text endnew text begin (b)new text end A commercial gas customer that is not a large customer facility and that purchases
or acquires natural gas from a public utility having fewer than 600,000 natural gas customers
in Minnesota may petition the commissioner to exempt gas utilities serving the commercial
gas customer from the investment and expenditure requirements of deleted text beginparagraph (a)deleted text endnew text begin new text endnew text begina utility's
plan under this section or section 216B.2403
new text end with respect to retail revenues attributable to
the commercial gas customer. The petition must be supported by evidence demonstrating
that the commercial gas customer has acquired or can reasonably acquire the capability to
bypass use of the utility's gas distribution system by obtaining natural gas directly from a
supplier not regulated by the commission. The commissioner shall grant the exemption if
the commissioner finds that the petitioner has made the demonstration required by this
paragraph.

deleted text begin (d)deleted text endnew text begin (c)new text end The commissioner may require investments or spending greater than the amounts
required under this subdivision for a public utility whose most recent advance forecast
required under section 216B.2422 or 216C.17 projects a peak demand deficit of 100
megawatts or greater within five years under midrange forecast assumptions.

deleted text begin (e)deleted text endnew text begin (d)new text end A public utility or owner of a large customer facility may appeal a decision of
the commissioner under paragraph new text begin(a) or new text end(b)deleted text begin, (c), or (d)deleted text end to the commission under subdivision
2. In reviewing a decision of the commissioner under paragraphnew text begin (a) ornew text end (b), deleted text begin(c), or (d),deleted text end the
commission shall rescind the decision if it finds deleted text beginthat the required investments or spending
will:
deleted text end

deleted text begin (1) not result in cost-effective energy conservation improvements; or
deleted text end

deleted text begin (2) otherwisedeleted text endnew text begin the decision isnew text end not deleted text beginbedeleted text end in the public interest.

new text begin (e) A public utility is prohibited from spending for or investing in energy conservation
improvements that directly benefit a large energy facility or a large electric customer facility
the commissioner has issued an exemption to under this section.
new text end

Sec. 20.

Minnesota Statutes 2018, section 216B.241, subdivision 1c, is amended to read:


Subd. 1c.

new text beginPublic utility; new text endenergy-saving goals.

(a) The commissioner shall establish
energy-saving goals for energy conservation improvement expenditures and shall evaluate
an energy conservation improvement program on how well it meets the goals set.

(b) Each individual new text beginpublic new text endutility deleted text beginand association shall havedeleted text endnew text begin providing electric service
has
new text end an annual energy-savings goal equivalent to deleted text begin1.5deleted text endnew text begin 1.75new text end percent of gross annual retail
energy sales unless modified by the commissioner under paragraph deleted text begin(d)deleted text endnew text begin (c)new text end. new text beginA public utility
providing natural gas service has an annual energy-savings goal equivalent to one percent
of gross annual retail energy sales, which cannot be lowered by the commissioner.
new text end The
savings goals must be calculated based on the most recent three-year weather-normalized
average. Anew text begin publicnew text end utility deleted text beginor associationdeleted text endnew text begin providing electric servicenew text end may elect to carry forward
energy savings in excess of deleted text begin1.5deleted text endnew text begin 1.75new text end percent for a year to the succeeding three calendar
yearsdeleted text begin, except that savings from electric utility infrastructure projects allowed under paragraph
(d) may be carried forward for five years
deleted text end.new text begin A public utility providing natural gas service may
elect to carry forward energy savings in excess of one percent for a year to the succeeding
three calendar years.
new text end A particular energy savings can be used only for one year's goal.

deleted text begin (c) The commissioner must adopt a filing schedule that is designed to have all utilities
and associations operating under an energy-savings plan by calendar year 2010.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end In its energy conservation deleted text beginimprovementdeleted text endnew text begin and optimizationnew text end plan filing, a new text beginpublic
new text end utility deleted text beginor associationdeleted text end may request the commissioner to adjust its annual energy-savings
percentage goal based on its historical conservation investment experience, customer class
makeup, load growth, a conservation potential study, or other factors the commissioner
determines warrants an adjustment. The commissioner may not approve a plan of a public
utility that provides for an annual energy-savings goal of less than one percent of gross
annual retail energy sales from energy conservation improvements.

new text begin (d) new text endA new text beginpublic new text endutility deleted text beginor associationdeleted text end may include in its energy conservationnew text begin and optimizationnew text end
plan energy savings from electric utility infrastructure projects approved by the commission
under section 216B.1636 or waste heat recovery converted into electricity projects that may
count as energy savings in addition to a minimum energy-savings goal of at least one percent
for energy conservation improvements. new text beginThe balance of energy savings contributing toward
the annual energy savings goal must be achieved by: (1) energy savings from additional
energy conservation improvements; or (2) electric utility infrastructure projects, as defined
in section 216B.1636, subdivision 1, that
new text end deleted text beginEnergy savings from electric utility infrastructure
projects, as defined in section 216B.1636, may be included in the energy conservation plan
of a municipal utility or cooperative electric association.
deleted text enddeleted text begin Electric utility infrastructure projects
deleted text enddeleted text begin mustdeleted text end result in increased energy efficiency greater than that which would have occurred
through normal maintenance activity.

deleted text begin (e) An energy-savings goal is not satisfied by attaining the revenue expenditure
requirements of subdivisions 1a and 1b, but can only be satisfied by meeting the
energy-savings goal established in this subdivision.
deleted text end

deleted text begin (f) An association ordeleted text endnew text begin (e) A publicnew text end utility is not required to make energy conservation
investments to attain the energy-savings goals of this subdivision that are not cost-effective
even if the investment is necessary to attain the energy-savings goals. For the purpose of
this paragraph, in determining cost-effectiveness, the commissioner shall consider the costs
and benefits to ratepayers, the utility, participants, and society. In addition, the commissioner
shall consider the rate at which deleted text beginan association ordeleted text end new text begina new text endmunicipal utility is increasing its energy
savings and its expenditures on energy conservationnew text begin, as well as the public utility's lifetime
energy savings and cumulative energy savings
new text end.

deleted text begin (g)deleted text end new text begin(f) new text endOn an annual basis, the commissioner shall produce and make publicly available
a report on the annual energynew text begin and capacitynew text end savings and estimated carbon dioxide reductions
achieved by the deleted text beginenergy conservation improvementdeleted text end programsnew text begin under this section and section
216B.2403
new text end for the two most recent years for which data is available.new text begin The report must also
include information regarding any annual energy sales or generation capacity increases
resulting from efficient fuel-switching improvements.
new text end The commissioner shall report on
program performance both in the aggregate and for each entity filing an energy conservation
improvement plan for approval or review by the commissionernew text begin, and must provide an estimate
for progress toward the statewide energy-savings goal under section 216B.2401
new text end.

deleted text begin (h) By January 15, 2010, the commissioner shall report to the legislature whether the
spending requirements under subdivisions 1a and 1b are necessary to achieve the
energy-savings goals established in this subdivision.
deleted text end

deleted text begin (i) This subdivision does not apply to:
deleted text end

deleted text begin (1) a cooperative electric association with fewer than 5,000 members;
deleted text end

deleted text begin (2) a municipal utility with fewer than 1,000 retail electric customers; or
deleted text end

deleted text begin (3) a municipal utility with less than 1,000,000,000 cubic feet in annual throughput sales
to retail natural gas customers.
deleted text end

Sec. 21.

Minnesota Statutes 2018, section 216B.241, subdivision 1d, is amended to read:


Subd. 1d.

Technical assistance.

(a) The commissioner shall evaluate energy conservation
improvement programs new text beginunder this section and section 216B.2403 new text endon the basis of
cost-effectiveness and the reliability of the technologies employed. The commissioner shall,
by order, establish, maintain, and update energy-savings assumptions that must be used
when filing energy conservation improvement programs.new text begin The department must track a public
utility's or consumer-owned utility's lifetime energy savings and cumulative lifetime energy
savings provided to the commissioner in plans submitted under this section.
new text end The
commissioner shall establish an inventory of the most effective energy conservation
programs, techniques, and technologies, and encourage all Minnesota utilities to implement
them, where appropriate, in their service territories. The commissioner shall describe these
programs in sufficient detail to provide a utility reasonable guidance concerning
implementation. The commissioner shall prioritize the opportunities in order of potential
energy savings and in order of cost-effectiveness. The commissioner may contract with a
third party to carry out any of the commissioner's duties under this subdivision, and to obtain
technical assistance to evaluate the effectiveness of any conservation improvement program.
The commissioner may assess up to $850,000 annually for the purposes of this subdivision.
The assessments must be deposited in the state treasury and credited to the energy and
conservation account created under subdivision 2a. An assessment made under this
subdivision is not subject to the cap on assessments provided by section 216B.62, or any
other law.

(b) deleted text beginOf the assessment authorized under paragraph (a), the commissioner may expend
up to $400,000 annually for the purpose of developing, operating, maintaining, and providing
technical support for a uniform electronic data reporting and tracking system available to
all utilities subject to this section, in order to enable accurate measurement of the cost and
deleted text enddeleted text begin energy savings of the energy conservation improvements required by this section. This
paragraph expires June 30, 2018.
deleted text endnew text begin By March 15 of the year following the enactment of this
section, the commissioner must, by order, develop and publish technical information
necessary to evaluate whether deployment of a fuel-switching improvement meets the
criteria established under subdivision 11, paragraph (c), and section 216B.2403, subdivision
8, including the formula to account for the energy saved by a fuel-switching improvement
on a fuel-neutral basis. The commissioner must update the technical information as necessary.
new text end

Sec. 22.

Minnesota Statutes 2018, section 216B.241, subdivision 1f, is amended to read:


Subd. 1f.

Facilities energy efficiency.

(a) The commissioner of administration and the
commissioner of commerce shall maintain and, as needed, revise the sustainable building
design guidelines developed under section 16B.325.

(b) The commissioner of administration and the commissioner of commerce shall maintain
and update the benchmarking tool developed under Laws 2001, chapter 212, article 1, section
3, so that all public buildings can use the benchmarking tool to maintain energy use
information for the purposes of establishing energy efficiency benchmarks, tracking building
performance, and measuring the results of energy efficiency and conservation improvements.

(c) The commissioner shall require that utilities include in their conservation improvement
plans programs that facilitate professional engineering verification to qualify a building as
Energy Star-labeled, Leadership in Energy and Environmental Design (LEED) certified, or
Green Globes-certified. deleted text beginThe state goal is to achieve certification of 1,000 commercial
buildings as Energy Star-labeled, and 100 commercial buildings as LEED-certified or Green
Globes-certified by December 31, 2010.
deleted text end

(d) The commissioner may assess up to $500,000 annually for the purposes of this
subdivision. The assessments must be deposited in the state treasury and credited to the
energy and conservation account created under subdivision 2a. An assessment made under
this subdivision is not subject to the cap on assessments provided by section 216B.62, or
any other law.

Sec. 23.

Minnesota Statutes 2018, section 216B.241, subdivision 2, is amended to read:


Subd. 2.

deleted text beginProgramsdeleted text endnew text begin Public utility; energy conservation and optimization plansnew text end.

(a)
The commissioner may require public utilities to make investments and expenditures in
energy conservation improvements, explicitly setting forth the interest rates, prices, and
terms under which the improvements must be offered to the customers. The required
programs must cover no more than a three-year period. Public utilities shall filenew text begin energynew text end
conservation deleted text beginimprovementdeleted text endnew text begin and optimizationnew text end plans by June 1, on a schedule determined by
order of the commissioner, but at least every three years.new text begin As provided in subdivision 11,
plans may include programs for efficient fuel-switching improvements and load management.
An individual utility program may combine elements of energy conservation, load
management, or efficient fuel-switching.
new text end Plans received by a public utility by June 1 must
be approved or approved as modified by the commissioner by December 1 of that same
year.new text begin The plan must account for the lifetime energy savings and cumulative lifetime savings
under the plan.
new text end The commissioner shall evaluate the program on the basis of
cost-effectiveness and the reliability of technologies employed. The commissioner's order
must provide to the extent practicable for a free choice, by consumers participating in the
program, of the device, method, material, or project constituting the energy conservation
improvement and for a free choice of the seller, installer, or contractor of the energy
conservation improvement, provided that the device, method, material, or project seller,
installer, or contractor is duly licensed, certified, approved, or qualified, including under
the residential conservation services program, where applicable.

(b) The commissioner may require a utility subject to subdivision 1c to make an energy
conservation improvement investment or expenditure whenever the commissioner finds
that the improvement will result in energy savings at a total cost to the utility less than the
cost to the utility to produce or purchase an equivalent amount of new supply of energy.
deleted text begin The commissioner shall nevertheless ensure that every public utility operate one or more
programs under periodic review by the department.
deleted text end

(c) Each public utility subject tonew text begin thisnew text end subdivision deleted text begin1adeleted text end may spend and invest annually up
to ten percent of the total amount deleted text beginrequired to bedeleted text end spent and invested on energy conservation
improvements under this section by the utility on research and development projects that
meet the definition of energy conservation improvement in subdivision 1 and that are funded
directly by the public utility.

(d) deleted text beginA public utility may not spend for or invest in energy conservation improvements
that directly benefit a large energy facility or a large electric customer facility for which the
commissioner has issued an exemption pursuant to subdivision 1a, paragraph (b).
deleted text end The
commissioner shall consider and may require a new text beginpublic new text endutility to undertake a program
suggested by an outside source, including a political subdivision, a nonprofit corporation,
or community organization.

(e) A utility, a political subdivision, or a nonprofit or community organization that has
suggested a program, the attorney general acting on behalf of consumers and small business
interests, or a utility customer that has suggested a program and is not represented by the
attorney general under section 8.33 may petition the commission to modify or revoke a
department decision under this section, and the commission may do so if it determines that
the program is not cost-effective, does not adequately address the residential conservation
improvement needs of low-income persons, has a long-range negative effect on one or more
classes of customers, or is otherwise not in the public interest. The commission shall reject
a petition that, on its face, fails to make a reasonable argument that a program is not in the
public interest.

(f) The commissioner may order a public utility to include, with the filing of the utility's
annual status report, the results of an independent audit of the utility's conservation
improvement programs and expenditures performed by the department or an auditor with
experience in the provision of energy conservation and energy efficiency services approved
by the commissioner and chosen by the utility. The audit must specify the energy savings
or increased efficiency in the use of energy within the service territory of the utility that is
the result of the spending and investments. The audit must evaluate the cost-effectiveness
of the utility's conservation programs.

deleted text begin (g) A gas utility may not spend for or invest in energy conservation improvements that
directly benefit a large customer facility or commercial gas customer facility for which the
commissioner has issued an exemption pursuant to subdivision 1a, paragraph (b), (c), or
(e). The commissioner shall consider and may require a utility to undertake a program
suggested by an outside source, including a political subdivision, a nonprofit corporation,
or a community organization.
deleted text end

new text begin (g) The energy conservation and optimization plan for each public utility subject to this
section must include activities to improve energy efficiency in public schools served by the
utility. At a minimum, the efficiency in schools component must consist of programs to
update lighting in schools, update heating and cooling systems in schools, provide for
building recommissioning, provide building operator training, and provide opportunities to
educate students, teachers, and staff regarding energy efficiency measures implemented at
the school.
new text end

Sec. 24.

Minnesota Statutes 2018, section 216B.241, subdivision 2b, is amended to read:


Subd. 2b.

Recovery of expenses.

The commission shall allow a new text beginpublic new text endutility to recover
expenses resulting from deleted text beginadeleted text endnew text begin an energynew text end conservation deleted text beginimprovement program requireddeleted text endnew text begin and
optimization plan approved
new text end by the departmentnew text begin under this sectionnew text end and contributions and
assessments to the energy and conservation account, unless the recovery would be
inconsistent with a financial incentive proposal approved by the commission. deleted text beginThe commission
shall allow a cooperative electric association subject to rate regulation under section
216B.026, to recover expenses resulting from energy conservation improvement programs,
load management programs, and assessments and contributions to
deleted text enddeleted text beginthe energy and
conservation account unless the recovery would be inconsistent with a financial incentive
proposal approved by the commission.
deleted text end In addition, a new text beginpublic new text endutility may file annually, or the
Public Utilities Commission may require the utility to file, and the commission may approve,
rate schedules containing provisions for the automatic adjustment of charges for utility
service in direct relation to changes in the expenses of the utility for real and personal
property taxes, fees, and permits, the amounts of which the utility cannot control. A public
utility is eligible to file for adjustment for real and personal property taxes, fees, and permits
under this subdivision only if, in the year previous to the year in which it files for adjustment,
it has spent or invested at least 1.75 percent of its gross revenues from provision of electric
service, excluding gross operating revenues from electric service provided in the state to
large electric customer facilities for which the commissioner has issued an exemption under
subdivision 1a, paragraph (b), and 0.6 percent of its gross revenues from provision of gas
service, excluding gross operating revenues from gas services provided in the state to large
electric customer facilities for which the commissioner has issued an exemption under
subdivision 1a, paragraph (b), for that year for energy conservation improvements under
this section.

Sec. 25.

Minnesota Statutes 2018, section 216B.241, subdivision 3, is amended to read:


Subd. 3.

Ownership of energy conservation improvement.

deleted text beginAndeleted text endnew text begin A preweatherization
measure or
new text end energy conservation improvement made to or installed in a building in accordance
with this section, except systems owned by the utility and designed to turn off, limit, or vary
the delivery of energy, are the exclusive property of the owner of the building except to the
extent that the improvement is subjected to a security interest in favor of the utility in case
of a loan to the building owner. The utility has no liability for loss, damage or injury caused
directly or indirectly by deleted text beginandeleted text endnew text begin a preweatherization measure ornew text end energy conservation improvement
except for negligence by the utility in purchase, installation, or modification of the product.

Sec. 26.

Minnesota Statutes 2018, section 216B.241, subdivision 5, is amended to read:


Subd. 5.

Efficient lighting program.

(a) Each public utility, cooperative electric
association, and municipal utility that provides electric service to retail customers and is
subject to subdivision 1c shall include as part of its conservation improvement activities a
program to strongly encourage the use of deleted text beginfluorescent and high-intensity discharge lampsdeleted text endnew text begin
light-emitting diode lighting products
new text end. The program must include at least a public information
campaign to encourage use of the lamps and proper management of spent lamps by all
customer classifications.

(b) A public utility that provides electric service at retail to 200,000 or more customers
shall establish, either directly or through contracts with other persons, including lamp
manufacturers, distributors, wholesalers, and retailers and local government units, a system
to collect for delivery to a reclamation or recycling facility spent fluorescent and
high-intensity discharge lamps from households and from small businesses as defined in
section 645.445 that generate an average of fewer than ten spent lamps per year.

(c) A collection system must include establishing reasonably convenient locations for
collecting spent lamps from households and financial incentives sufficient to encourage
spent lamp generators to take the lamps to the collection locations. Financial incentives may
include coupons for purchase of new fluorescent or high-intensity discharge lamps, a cash
back system, or any other financial incentive or group of incentives designed to collect the
maximum number of spent lamps from households and small businesses that is reasonably
feasible.

(d) A public utility that provides electric service at retail to fewer than 200,000 customers,
a cooperative electric association, or a municipal utility that provides electric service at
retail to customers may establish a collection system under paragraphs (b) and (c) as part
of conservation improvement activities required under this section.

(e) The commissioner of the Pollution Control Agency may not, unless clearly required
by federal law, require a public utility, cooperative electric association, or municipality that
establishes a household fluorescent and high-intensity discharge lamp collection system
under this section to manage the lamps as hazardous waste as long as the lamps are managed
to avoid breakage and are delivered to a recycling or reclamation facility that removes
mercury and other toxic materials contained in the lamps prior to placement of the lamps
in solid waste.

(f) If a public utility, cooperative electric association, or municipal utility contracts with
a local government unit to provide a collection system under this subdivision, the contract
must provide for payment to the local government unit of all the unit's incremental costs of
collecting and managing spent lamps.

(g) All the costs incurred by a public utility, cooperative electric association, or municipal
utility for promotion and collection of fluorescent and high-intensity discharge lamps under
this subdivision are conservation improvement spending under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 27.

Minnesota Statutes 2018, section 216B.241, subdivision 7, is amended to read:


Subd. 7.

Low-income programs.

(a) The commissioner shall ensure that each new text beginpublic
new text end utility deleted text beginand associationdeleted text end subject to subdivision 1c provides deleted text beginlow-incomedeleted text end new text beginenergy conservationnew text end
programs new text beginto low-income householdsnew text end. When approving spending and energy-savings goals
for low-income programs, the commissioner shall consider historic spending and participation
levels, energy savings for low-income programs, and the number of low-income persons
residing in the utility's service territory. A deleted text beginmunicipal utility that furnishes gas service must
spend at least 0.2 percent, and a
deleted text end public utility furnishing gas service must spend at least deleted text begin0.4deleted text endnew text begin
0.8
new text end percent, of its most recent three-year average gross operating revenue from residential
customers in the state on low-income programs. A new text beginpublicnew text end utility deleted text beginor associationdeleted text end that furnishes
electric service must spend at least deleted text begin0.1deleted text end new text begin0.4 new text endpercent of its gross operating revenue from
residential customers in the state on low-income programs. deleted text beginFor a generation and transmission
cooperative association, this requirement shall apply to each association's members' aggregate
gross operating revenue from sale of electricity to residential customers in the state.
Beginning in 2010, A utility or association that furnishes electric service must spend 0.2
percent of its gross operating revenue from residential customers in the state on low-income
programs.
deleted text end

(b) To meet the requirements of paragraph (a), a new text beginpublic new text endutility deleted text beginor associationdeleted text end may
contribute money to the energy and conservation account. An energy conservation
improvement plan must state the amount, if any, of low-income energy conservation
improvement funds the new text beginpublic new text endutility deleted text beginor associationdeleted text end will contribute to the energy and
conservation account. Contributions must be remitted to the commissioner by February 1
of each year.

(c) The commissioner shall establish low-income programs to utilize money contributed
to the energy and conservation account under paragraph (b). In establishing low-income
programs, the commissioner shall consult political subdivisions, utilities, and nonprofit and
community organizations, especially organizations engaged in providing energy and
weatherization assistance to low-income deleted text beginpersonsdeleted text end new text beginhouseholdsnew text end. Money contributed to the
energy and conservation account under paragraph (b) must provide programs for low-income
deleted text begin personsdeleted text end new text beginhouseholdsnew text end, including low-income renters, in the service territory of the new text beginpublic
new text end utility deleted text beginor associationdeleted text end providing the money. The commissioner shall record and report
expenditures and energy savings achieved as a result of low-income programs funded
through the energy and conservation account in the report required under subdivision 1c,
paragraph (g). The commissioner may contract with a political subdivision, nonprofit or
community organization, public utility, municipality, or cooperative electric association to
implement low-income programs funded through the energy and conservation account.

(d) A new text beginpublic new text endutility deleted text beginor associationdeleted text end may petition the commissioner to modify its required
spending under paragraph (a) if the utility or association and the commissioner have been
unable to expend the amount required under paragraph (a) for three consecutive years.

new text begin (e) For purposes of this subdivision, "multifamily building" is defined as a residential
building with five or more dwelling units. Notwithstanding the definition of low-income
household in section 216B.2402, for purposes of determining eligibility for multifamily
buildings in low-income programs, a utility or association may use one or more of the
following:
new text end

new text begin (1) information demonstrating a multifamily building's units are rented to households
meeting one of the following criteria:
new text end

new text begin (i) household income at or below 200 percent of federal poverty level;
new text end

new text begin (ii) household income at or below 60 percent of area median income;
new text end

new text begin (iii) occupancy within a building that is certified on the Low Income Renter Classification
(LIRC) Assessor Report compiled annually by Minnesota Housing Finance Agency; or
new text end

new text begin (iv) occupancy within a building which has a declaration against the property requiring
that a portion of the units are rented to tenants with an annual household income less than
or equal to 60 percent of area median income;
new text end

new text begin (2) a property's participation in an affordable housing program, including low-income
housing tax credits (LIHTC), United States Department of Housing and Urban Development
(HUD) assistance, United States Department of Agriculture (USDA) assistance, state housing
finance agency assistance, or local tax abatement for low-income properties; or
new text end

new text begin (3) documentation demonstrating that the property is on the waiting list for or currently
participating in the United States Department of Energy Weatherization Assistance Program.
new text end

new text begin (f) Up to 15 percent of a public utility's spending on low-income programs may be spent
on preweatherization measures. For purposes of this section and section 216B.241,
subdivision 3, "preweatherization measure" means an improvement that is necessary to
allow energy conservation improvements to be installed in a home.
new text end

new text begin (1) The commissioner must, by order, establish a list of qualifying preweatherization
measures eligible for inclusion in low-income programs no later than March 15 of the year
following enactment of this section.
new text end

new text begin (2) A public utility may elect to contribute money to the Healthy Asbestos Insulation
Removal (AIR) program administered by the department. Money contributed to the fund
counts toward the minimum low-income spending requirement in paragraph (a) and toward
the cap on preweatherization measures.
new text end

deleted text begin (e)deleted text endnew text begin (g)new text end The costs and benefits associated with any approved low-income gas or electric
conservation improvement program that is not cost-effective when considering the costs
and benefits to the utility may, at the discretion of the utility, be excluded from the calculation
of net economic benefits for purposes of calculating the financial incentive to the utility.
The energy and demand savings may, at the discretion of the utility, be applied toward the
calculation of overall portfolio energy and demand savings for purposes of determining
progress toward annual goals and in the financial incentive mechanism.

Sec. 28.

Minnesota Statutes 2018, section 216B.241, subdivision 9, is amended to read:


Subd. 9.

Building performance standards; Sustainable Building 2030.

(a) The purpose
of this subdivision is to establish cost-effective energy-efficiency performance standards
for new and substantially reconstructed commercial, industrial, and institutional buildings
that can significantly reduce carbon dioxide emissions by lowering energy use in new and
substantially reconstructed buildings. For the purposes of this subdivision, the establishment
of these standards may be referred to as Sustainable Building 2030.

(b) The commissioner shall contract with the Center for Sustainable Building Research
at the University of Minnesota to coordinate development and implementation of
energy-efficiency performance standards, strategic planning, research, data analysis,
technology transfer, training, and other activities related to the purpose of Sustainable
Building 2030. The commissioner and the Center for Sustainable Building Research shall,
in consultation with utilities, builders, developers, building operators, and experts in building
design and technology, develop a Sustainable Building 2030 implementation plan that must
address, at a minimum, the following issues:

(1) training architects to incorporate the performance standards in building design;

(2) incorporating the performance standards in utility conservation improvement
programs; and

(3) developing procedures for ongoing monitoring of energy use in buildings that have
adopted the performance standards.

The plan must be submitted to the chairs and ranking minority members of the senate and
house of representatives committees with primary jurisdiction over energy policy by July
1, 2009.

(c) Sustainable Building 2030 energy-efficiency performance standards must be firm,
quantitative measures of total building energy use and associated carbon dioxide emissions
per square foot for different building types and uses, that allow for accurate determinations
of a building's conformance with a performance standard. Performance standards must
address energy use by electric vehicle charging infrastructure in or adjacent to buildings as
that infrastructure begins to be made widely available. The energy-efficiency performance
standards must be updated every three or five years to incorporate all cost-effective measures.
The performance standards must reflect the reductions in carbon dioxide emissions per
square foot resulting from actions taken by utilities to comply with the renewable energy
standards in section 216B.1691. The performance standards should be designed to achieve
reductions equivalent to the following reduction schedule, measured against energy
consumption by an average building in each applicable building sector in 2003: (1) 60
percent in 2010; (2) 70 percent in 2015; (3) 80 percent in 2020; and (4) 90 percent in 2025.
A performance standard must not be established or increased absent a conclusive engineering
analysis that it is cost-effective based upon established practices used in evaluating utility
conservation improvement programs.

(d) The annual amount of the contract with the Center for Sustainable Building Research
is up to $500,000. The Center for Sustainable Building Research shall expend no more than
$150,000 of this amount each year on administration, coordination, and oversight activities
related to Sustainable Building 2030. new text beginUp to an additional $150,000 of this amount may be
used by the Center for Sustainable Building Research to provide technical assistance to
local jurisdictions that adopt a voluntary stretch code under section 326B.106, subdivision
16, that conforms to Sustainable Building 2030.
new text endThe balance of contract funds must be spent
on substantive programmatic activities allowed under this subdivision that may be conducted
by the Center for Sustainable Building Research and others, and for subcontracts with
not-for-profit energy organizations, architecture and engineering firms, and other qualified
entities to undertake technical projects and activities in support of Sustainable Building
2030. The primary work to be accomplished each year by qualified technical experts under
subcontracts is the development and thorough justification of recommendations for specific
energy-efficiency performance standards. Additional work may include:

(1) research, development, and demonstration of new energy-efficiency technologies
and techniques suitable for commercial, industrial, and institutional buildings;

(2) analysis and evaluation of practices in building design, construction, commissioning
and operations, and analysis and evaluation of energy use in the commercial, industrial, and
institutional sectors;

(3) analysis and evaluation of the effectiveness and cost-effectiveness of Sustainable
Building 2030 performance standards, conservation improvement programs, and building
energy codes;

(4) development and delivery of training programs for architects, engineers,
commissioning agents, technicians, contractors, equipment suppliers, developers, and others
in the building industries; and

(5) analysis and evaluation of the effect of building operations on energy use.

(e) The commissioner shall require utilities to develop and implement conservation
improvement programs that are expressly designed to achieve energy efficiency goals
consistent with the Sustainable Building 2030 performance standards. These programs must
include offerings of design assistance and modeling, financial incentives, and the verification
of the proper installation of energy-efficient design components in new and substantially
reconstructed buildings.new text begin The programs must be available to customers in local jurisdictions
that adopt a voluntary stretch code under section 326B.106, subdivision 16.
new text end A utility's design
assistance program must consider the strategic planting of trees and shrubs around buildings
as an energy conservation strategy for the designed project. A utility making an expenditure
under its conservation improvement program that results in a building meeting the Sustainable
Building 2030 performance standards may claim the energy savings toward its energy-savings
goal established in subdivision 1c.

(f) The commissioner shall report to the legislature every three years, beginning January
15, 2010, on the cost-effectiveness and progress of implementing the Sustainable Building
2030 performance standards and shall make recommendations on the need to continue the
program as described in this section.

Sec. 29.

Minnesota Statutes 2018, section 216B.241, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Programs for efficient fuel-switching improvements and load
management.
new text end

new text begin (a) A public utility subject to this section may include in its plan required
under subdivision 2 programs for (1) efficient fuel-switching improvements and load
management, or (2) combinations of energy conservation improvements, fuel-switching
improvements, and load management. For each program, the utility must provide proposed
budgets, cost-effectiveness analyses, and estimated net energy and demand savings.
new text end

new text begin (b) The department may approve proposed programs for efficient fuel-switching
improvements if it finds the improvements meet the requirements of paragraph (e). For
improvements requiring the deployment of electric technologies, the department must also
consider whether the fuel-switching improvement can be operated in a manner that facilitates
the integration of variable renewable energy into the electric system. The net benefits from
an efficient fuel-switching improvement that is integrated with an energy efficiency program
approved under this section may be counted toward the net benefits of the energy efficiency
program, provided the department finds the primary purpose and effect of the program is
energy efficiency.
new text end

new text begin (c) The department may approve a proposed program in load management if it finds the
program investment is cost-effective after considering the costs and benefits of the proposed
investment to ratepayers, the utility, participants, and society. The net benefits from a load
management activity that is integrated with an energy efficiency program approved under
this section may be counted toward the net benefits of the energy efficiency program,
provided the department finds the primary purpose and effect of the program is energy
efficiency.
new text end

new text begin (d) The commission may permit a public utility to file rate schedules that provide for
annual cost recovery for efficient fuel-switching improvements and cost-effective load
management programs approved by the department, including reasonable and prudent costs
to implement and promote programs approved under this subdivision. The commission may
approve, modify, or reject a proposal made by the department or a utility for an incentive
plan to encourage investments in load management programs, applying the considerations
established under section 216B.16, subdivision 6c, paragraphs (b) and (c). The commission
must not approve a financial incentive to encourage efficient fuel-switching programs. The
commission may structure an incentive plan to encourage cost-effective load management
programs as a regulatory asset on which a public utility could earn a rate of return. A utility
is not eligible for a financial incentive under this subdivision in any year the utility or
association does not achieve its minimum energy-savings goal.
new text end

new text begin (e) A fuel-switching improvement is deemed efficient if the commissioner finds the
improvement, relative to the fuel that is being displaced, meets the following criteria:
new text end

new text begin (1) results in a net reduction in the cost and amount of source energy consumed for a
particular use, measured on a fuel-neutral basis;
new text end

new text begin (2) results in a net reduction of statewide greenhouse gas emissions as defined in section
216H.01, subdivision 2, over the lifetime of the improvement. For an efficient fuel-switching
improvement installed by an electric utility, the change in emissions must be measured
based on the hourly emission profile of the electric utility, using the hourly emissions profile
in the most recent resource plan approved by the commission under section 216B.2422;
new text end

new text begin (3) is cost-effective from a societal perspective, considering the costs associated with
both the old and replacement fuels; and
new text end

new text begin (4) is installed and operated in a manner that does not unduly increase the utility's system
peak demand or require significant new investment in utility infrastructure.
new text end

Sec. 30.

Minnesota Statutes 2018, section 216B.2422, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

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

(b) "Utility" means an entity with the capability of generating 100,000 kilowatts or more
of electric power and serving, either directly or indirectly, the needs of 10,000 retail
customers in Minnesota. Utility does not include federal power agencies.

(c) "Renewable energy" means electricity generated through use of any of the following
resources:

(1) wind;

(2) solar;

(3) geothermal;

(4) hydro;

(5) trees or other vegetation;

(6) landfill gas; or

(7) predominantly organic components of wastewater effluent, sludge, or related
by-products from publicly owned treatment works, but not including incineration of
wastewater sludge.

(d) "Resource plan" means a set of resource options that a utility could use to meet the
service needs of its customers over a forecast period, including an explanation of the supply
and demand circumstances under which, and the extent to which, each resource option
would be used to meet those service needs. These resource options include using,
refurbishing, and constructing utility plant and equipment, buying power generated by other
entities, controlling customer loads, and implementing customer energy conservation.

(e) "Refurbish" means to rebuild or substantially modify an existing electricity generating
resource of 30 megawatts or greater.

new text begin (f) "Clean energy resource" means renewable energy, an energy storage system, energy
efficiency, as defined in section 216B.2402, paragraph (g), or load management, as defined
in section 216B.2402, paragraph (o).
new text end

new text begin (g) "Carbon-free resource" means a generation technology that, when operating, does
not contribute to statewide greenhouse gas emissions, as defined in section 216H.01,
subdivision 2. Carbon-free resource does not include a nuclear-powered electric generation
facility operating in Minnesota on the effective date of this act.
new text end

new text begin (h) "Energy storage system" means a commercially available technology that:
new text end

new text begin (1) uses mechanical, chemical, or thermal processes to:
new text end

new text begin (i) store energy and deliver the stored energy for use at a later time; or
new text end

new text begin (ii) store thermal energy for direct use for heating or cooling at a later time in a manner
that reduces the demand for energy at the later time;
new text end

new text begin (2) if being used for electric grid benefits, is:
new text end

new text begin (i) operationally visible to the distribution or transmission entity managing it; and
new text end

new text begin (ii) capable of being controlled by the distribution or transmission entity to enable and
optimize the safe and reliable operation of the electric system; and
new text end

new text begin (3) achieves any of the following:
new text end

new text begin (i) reduces peak electrical demand;
new text end

new text begin (ii) defers the need or substitutes for an investment in electric generation, transmission,
or distribution assets;
new text end

new text begin (iii) improves the reliable operation of the electrical transmission or distribution systems;
or
new text end

new text begin (iv) lowers customer costs by storing energy when the cost of generating or purchasing
energy is low and delivering energy to customers when costs are high.
new text end

new text begin (i) "Nonrenewable energy facility" means a generation facility, other than a nuclear
facility, that does not use a renewable energy or other clean energy resource.
new text end

new text begin (j) "Local job impacts" means the impacts of an integrated resource plan, a certificate
of need, a power purchase agreement, or commission approval of a new or refurbished
electric generation facility on the availability of high-quality construction and mining
employment opportunities for local workers.
new text end

new text begin (k) "Local workers" means workers employed to construct and maintain energy
infrastructure, or employed in a mining industry, that are Minnesota residents, residents of
the utility's service territory, or who permanently reside within 150 miles of a proposed new
or refurbished energy facility.
new text end

Sec. 31.

Minnesota Statutes 2018, section 216B.2422, subdivision 2, is amended to read:


Subd. 2.

Resource plan filing and approval.

(a) A utility shall file a resource plan with
the commission periodically in accordance with rules adopted by the commission. The
commission shall approve, reject, or modify the plan of a public utility, as defined in section
216B.02, subdivision 4, consistent with the public interest.

(b) In the resource plan proceedings of all other utilities, the commission's order shall
be advisory and the order's findings and conclusions shall constitute prima facie evidence
which may be rebutted by substantial evidence in all other proceedings. With respect to
utilities other than those defined in section 216B.02, subdivision 4, the commission shall
consider the filing requirements and decisions in any comparable proceedings in another
jurisdiction.

(c) As a part of its resource plan filing, a utility shall include the least cost plan for
meeting 50 deleted text beginanddeleted text endnew text begin,new text end 75new text begin, and 100new text end percent of all energy needs from both new and refurbished
generating facilities through a combination of deleted text beginconservationdeleted text end new text beginclean energy new text endand deleted text beginrenewable
energy
deleted text end new text begincarbon-free new text endresources.

Sec. 32.

Minnesota Statutes 2018, section 216B.2422, subdivision 3, is amended to read:


Subd. 3.

Environmental costs.

deleted text begin(a)deleted text end The commission shall, to the extent practicable,
quantify and establish a range of environmental costs associated with each method of
electricity generation. A utility shall use the values established by the commission in
conjunction with other external factors, including socioeconomic costs, when evaluating
and selecting resource options in all proceedings before the commission, including new text beginpower
purchase agreement,
new text endresource plannew text begin,new text end and certificate of need proceedings.new text begin When evaluating
resource options, the commission must include and consider the environmental cost values
adopted under this subdivision. When considering the costs of a nonrenewable energy
facility under this section, the commission must consider only nonzero values for the
environmental costs that must be analyzed under this subdivision, including both the low
and high values of any cost range adopted by the commission.
new text end

deleted text begin (b) The commission shall establish interim environmental cost values associated with
each method of electricity generation by March 1, 1994. These values expire on the date
the commission establishes environmental cost values under paragraph (a).
deleted text end

Sec. 33.

Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Favored electricity resources; state policy. new text end

new text begin It is the policy of the state that,
in order to hasten the achievement of the greenhouse gas reduction goals under section
216H.02, the renewable energy standard under section 216B.1691, subdivision 2a, and the
solar energy standard under section 216B.1691, subdivision 2f, and given the significant
and continuing reductions in the cost of wind technologies, solar technologies, energy
storage systems, and demand-response technologies, the favored method to meet electricity
demand in Minnesota is a combination of clean energy resources.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 34.

Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Nonrenewable energy facility; required analysis. new text end

new text begin (a) In its application
requesting commission approval of the construction, refurbishing, or purchase of energy or
capacity from a nonrenewable energy facility in an integrated resource plan, a power purchase
agreement, or any other proceeding, a utility must include, at a minimum, the information
required under this subdivision.
new text end

new text begin (b) A utility must include plans to meet 50, 75, and 100 percent of the energy or capacity
provided by the proposed nonrenewable energy facility using the least costly combination
of clean energy and carbon-free resources.
new text end

new text begin (c) When analyzing costs under this subdivision, a utility must include the environmental
costs most recently adopted by the commission for carbon dioxide emissions and criteria
air pollutants, and socioeconomic costs required under subdivision 3, using both the low
and high ends of any cost range adopted by the commission. When considering the costs
of a nonrenewable energy facility under this section, the commission must consider only
nonzero values for the environmental costs that must be analyzed under subdivision 3,
including both the low and high values of any cost range adopted by the commission.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 35.

Minnesota Statutes 2018, section 216B.2422, subdivision 4, is amended to read:


Subd. 4.

Preference for deleted text beginrenewable energy facilitydeleted text endnew text begin clean energy resourcesnew text end.

new text begin(a) In order
to achieve the greenhouse gas reduction goals under section 216H.02, and the carbon-free
standard under section 216B.1691,
new text endthe commission shall not approve a new or refurbished
nonrenewable energy facility in an integrated resource plan or a certificate of need, deleted text beginpursuant
to
deleted text endnew text begin undernew text end section 216B.243deleted text begin,deleted text endnew text begin or in any proceeding in which a utility seeks to construct an
electric generating facility or procure electricity or capacity,
new text end nor shall the commissionnew text begin
approve a power purchase agreement for power with a nonrenewable energy facility, or
new text end
allow rate recovery deleted text beginpursuant todeleted text endnew text begin undernew text end section 216B.16 for such a nonrenewable energy
facility, unless the utility has demonstratednew text begin by clear and convincing evidencenew text end that a renewable
energy facilitynew text begin, alone or in combination with other clean energy resources,new text end is not in the
public interest. deleted text beginWhen making the public interest determination, the commission must
consider:
deleted text end

deleted text begin (1) whether the resource plan helps the utility achieve the greenhouse gas reduction
goals under section 216H.02, the renewable energy standard under section 216B.1691, or
the solar energy standard under section 216B.1691, subdivision 2f;
deleted text end

deleted text begin (2) impacts on local and regional grid reliability;
deleted text end

deleted text begin (3) utility and ratepayer impacts resulting from the intermittent nature of renewable
energy facilities, including but not limited to the costs of purchasing wholesale electricity
in the market and the costs of providing ancillary services; and
deleted text end

deleted text begin (4) utility and ratepayer impacts resulting from reduced exposure to fuel price volatility,
changes in transmission costs, portfolio diversification, and environmental compliance
costs.
deleted text end

new text begin (b) In order to find that a renewable energy facility, alone or in combination with other
clean energy resources, is not in the public interest, the commission must find by clear and
convincing evidence that utilizing renewable or clean energy resources to meet the need
for resources cannot be done affordably or reliably.
new text end

new text begin (c) To determine affordability, the commission must consider utility and ratepayer effects
resulting from:
new text end

new text begin (1) the intermittent nature of renewable energy facilities, including but not limited to
the costs to purchase wholesale electricity in the market and the costs to provide ancillary
services;
new text end

new text begin (2) reduced exposure to fuel price volatility, changes in transmission and distribution
costs, portfolio diversification, and environmental compliance costs; and
new text end

new text begin (3) other environmental costs of a nonrenewable energy facility, as determined by the
commission under subdivision 3.
new text end

new text begin (d) To determine reliability, the commission must consider:
new text end

new text begin (1) effects on regional grid reliability; and
new text end

new text begin (2) the ability of the proposed energy resources or facilities to provide:
new text end

new text begin (i) essential reliability services, including frequency response, balancing services, and
voltage control; and
new text end

new text begin (ii) energy and capacity.
new text end

new text begin (e) When considering the costs of a nonrenewable energy facility under this section, the
commission must consider only nonzero values for the environmental costs that must be
analyzed under subdivision 3, including both the low and high values of any cost range
adopted by the commission.
new text end

new text begin (f) The commission must make a written determination of its findings and conclusions
regarding affordability and reliability under this subdivision. The commission must also
make a written determination as to whether the energy resources approved by the
commission: (1) help the state achieve the greenhouse gas reduction goals under section
216H.02; and (2) help the utility achieve the renewable energy standard under section
216B.1691, or the solar energy standard under section 216B.1691, subdivision 2f.
new text end

new text begin (g) If the commission approves a resource plan that includes the retirement of a
nonrenewable energy facility owned by a public utility, the public utility shall own at least
an amount of the accredited capacity of clean energy resources equal to the percentage of
the retiring nonrenewable energy facility that remains undepreciated multiplied by the
accredited capacity of the retiring facility, and owns the transmission and other facilities
necessary to replace the accredited capacity of the retiring facility, provided:
new text end

new text begin (1) the utility demonstrates its ownership of replacement resources is in the public
interest, considering customer impacts and benefits; and
new text end

new text begin (2) the resource plan results in the utility meeting the standards described below:
new text end

new text begin (i) for an electric utility that owned a nuclear generating facility as of January 1, 2007,
at least 85 percent of its electric supply by the year 2030 and thereafter, and 100 percent of
its electric supply by the year 2045, from resources that do not contribute to statewide
greenhouse gas emissions, as defined in section 216H.01, subdivision 2; and
new text end

new text begin (ii) for an electric utility that did not own a nuclear generating facility as of January 1,
2007, at least 80 percent of its electric supply by the year 2030 and thereafter, and 100
percent of its electric supply by the year 2050, from resources that do not contribute to
statewide greenhouse gas emissions, as defined in section 216H.01, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 36.

Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Preference for local job creation. new text end

new text begin As a part of its resource plan filing, a utility
must report on associated local job impacts and the steps the utility and its energy suppliers
and contractors are taking to maximize the availability of construction employment
opportunities for local workers. The commission must consider local job impacts and give
preference to proposals that maximize the creation of construction employment opportunities
for local workers, consistent with the public interest, when evaluating any utility proposal
that involves the selection or construction of facilities used to generate or deliver energy to
serve the utility's customers, including but not limited to a certificate of need, a power
purchase agreement, or commission approval of a new or refurbished electric generation
facility.
new text end

Sec. 37.

Minnesota Statutes 2018, section 216B.2422, subdivision 5, is amended to read:


Subd. 5.

Bidding; exemption from certificate of need proceeding.

(a) A utility may
select resources to meet its projected energy demand through a bidding process approved
or established by the commission. A utility shall use the environmental cost estimates
determined under subdivision 3 new text beginand consider local job impacts new text endin evaluating bids submitted
in a process established under this subdivision.

(b) Notwithstanding any other provision of this section, if an electric power generating
plant, as described in section 216B.2421, subdivision 2, clause (1), is selected in a bidding
process approved or established by the commission, a certificate of need proceeding under
section 216B.243 is not required.

(c) A certificate of need proceeding is also not required for an electric power generating
plant that has been selected in a bidding process approved or established by the commission,
or such other selection process approved by the commission, to satisfy, in whole or in part,
the wind power mandate of section 216B.2423 or the biomass mandate of section 216B.2424.

Sec. 38.

Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Energy storage systems assessment. new text end

new text begin (a) Each public utility required to file a
resource plan under subdivision 2 must include in the filing an assessment of energy storage
systems that analyzes how the deployment of energy storage systems contributes to:
new text end

new text begin (1) meeting identified generation and capacity needs; and
new text end

new text begin (2) evaluating ancillary services.
new text end

new text begin (b) The assessment must employ appropriate modeling methods to enable the analysis
required in paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 39.

new text begin [216B.2427] ELECTRIC UTILITIES; ANCILLARY SERVICES COST
REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Ancillary services" means services that help maintain the reliability of the electrical
grid by maintaining the proper flow and direction of electricity, addressing temporary
imbalances of supply and demand, and helping the electrical grid to recover after a power
failure. Ancillary services include but are not limited to spinning reserves, nonspinning
reserves, voltage regulation, load following, and black start capability.
new text end

new text begin (c) "Black start capability" means the provision of the initial energy needed to start up
and begin operation of an electricity generator.
new text end

new text begin (d) "Load following" means the matching, within five minutes or less, of electricity
supply to demand as demand fluctuates.
new text end

new text begin (e) "Nonspinning reserves" means electric generation capacity that is not connected to
the electric grid, but is capable of:
new text end

new text begin (1) being connected, ramped to capacity, and synchronized to the electric grid within
ten minutes; and
new text end

new text begin (2) maintaining a specified output level for at least two hours.
new text end

new text begin (f) "Spinning reserves" means reserve electric generation capacity that is connected and
synchronized to the electric grid and can meet electric demand within ten minutes.
new text end

new text begin (g) "Voltage regulation" means the maintenance of voltage levels on the electric grid.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin By October 1, 2019, and each April 1 thereafter, each electric utility
must report to the commission on a form developed by the commission the total cost to
purchase or self-provide ancillary services throughout the previous calendar year. For each
type of ancillary service, the utility must report:
new text end

new text begin (1) the entity providing the ancillary service;
new text end

new text begin (2) the amount, duration, and frequency of the ancillary service provided; and
new text end

new text begin (3) the cost to purchase or provide the ancillary service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 40.

Minnesota Statutes 2018, section 216B.243, subdivision 3, is amended to read:


Subd. 3.

Showing required for construction.

new text begin(a) new text endNo proposed large energy facility
shall be certified for construction unless the applicant can show that demand for electricity
cannot be met more cost effectively through energy conservationnew text begin, energy storage,new text end and
load-management measures and unless the applicant has otherwise justified its need. In
assessing need, the commission shall evaluate:

(1) the accuracy of the long-range energy demand forecasts on which the necessity for
the facility is based;

(2) the effect of existing or possible energy conservation programs under sections 216C.05
to 216C.30 and this section or other federal or state legislation on long-term energy demand;

(3) the relationship of the proposed facility to overall state energy needs, as described
in the most recent state energy policy and conservation report prepared under section
216C.18, or, in the case of a high-voltage transmission line, the relationship of the proposed
line to regional energy needs, as presented in the transmission plan submitted under section
216B.2425;

(4) promotional activities that may have given rise to the demand for this facility;

(5) benefits of this facility, including its uses to protect or enhance environmental quality,
and to increase reliability of energy supply in Minnesota and the region;

(6) possible alternatives for satisfying the energy demand or transmission needs including
but not limited to potential for increased efficiency and upgrading of existing energy
generation and transmission facilities, new text beginenergy storage systems, new text endload-management programs,
and distributed generation;

(7) the policies, rules, and regulations of other state and federal agencies and local
governments;

(8) any feasible combination of energy conservation improvements, required under
section 216B.241, new text beginor energy storage systems new text endthat can (i) replace part or all of the energy to
be provided by the proposed facility, and (ii) compete with it economically;

(9) with respect to a high-voltage transmission line, the benefits of enhanced regional
reliability, access, or deliverability to the extent these factors improve the robustness of the
transmission system or lower costs for electric consumers in Minnesota;

(10) whether the applicant or applicants are in compliance with applicable provisions
of sections 216B.1691 and 216B.2425, subdivision 7, and have filed or will file by a date
certain an application for certificate of need under this section or for certification as a priority
electric transmission project under section 216B.2425 for any transmission facilities or
upgrades identified under section 216B.2425, subdivision 7;

(11) whether the applicant has made the demonstrations required under subdivision 3a;
and

(12) if the applicant is proposing a nonrenewable generating plant, the applicant's
assessment of the risk of environmental costs and regulation on that proposed facility over
the expected useful life of the plant, including a proposed means of allocating costs associated
with that risk.

new text begin (b) "Energy storage system" means a commercially available technology that uses
mechanical, chemical, or thermal processes to:
new text end

new text begin (1) store energy and deliver the stored energy for use at a later time; or
new text end

new text begin (2) store thermal energy for direct use for heating or cooling at a later time in a manner
that reduces the demand for electricity at the later time.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 41.

Minnesota Statutes 2018, section 216B.243, subdivision 3a, is amended to read:


Subd. 3a.

Use of deleted text beginrenewabledeleted text endnew text begin nonrenewablenew text end resource.

The commission deleted text beginmaydeleted text endnew text begin mustnew text end not
issue a certificate of need under this section for a large energy facility that generates electric
power by means of a nonrenewable energy source, or that transmits electric power generated
by means of a nonrenewable energy source, unless the applicant for the certificate has
demonstratednew text begin by clear and convincing evidencenew text end to the commission's satisfactionnew text begin under
section 216B.2422, subdivision 4,
new text end that deleted text beginitdeleted text endnew text begin the applicantnew text end has deleted text beginexplored the possibility ofdeleted text endnew text begin
conducted the analysis required under section 216B.2422, subdivision 3b, regarding
new text end
generating power by means of deleted text beginrenewabledeleted text endnew text begin cleannew text end energy deleted text beginsourcesdeleted text endnew text begin resources, as defined in
section 216B.2422, subdivision 1,
new text end and has demonstrated that the deleted text beginalternative selected is less
expensive (including environmental costs) than power generated by a renewable energy
source. For purposes of this subdivision, "renewable energy source" includes hydro, wind,
solar, and geothermal energy and the use of trees or other vegetation as fuel.
deleted text endnew text begin nonrenewable
energy source is in the public interest.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 42.

new text begin [216B.247] BENEFICIAL ELECTRIFICATION.
new text end

new text begin (a) It is the goal of the state to promote energy end uses powered by electricity that result
in a net reduction in greenhouse gas emissions and improvements to public health, consistent
with the goal established under section 216H.02, subdivision 1.
new text end

new text begin (b) To the maximum reasonable extent, the implementation of beneficial electrification
should prioritize investment and activity in low-income and underresourced communities,
maintain or improve the quality of electricity service, maximize customer savings, improve
the integration of renewable and carbon-free resources, and prioritize job creation.
new text end

Sec. 43.

new text begin [216B.248] PUBLIC UTILITY BENEFICIAL ELECTRIFICATION.
new text end

new text begin (a) A public utility may submit to the commission a plan to promote energy end uses
powered by electricity within its service area. To the maximum reasonable extent, the plans
must:
new text end

new text begin (1) maximize consumer savings over the lifetime of the investment;
new text end

new text begin (2) maintain or enhance the reliability of electricity service;
new text end

new text begin (3) quantify the acres of land that will be needed for new generation, transmission, and
distribution facilities to provide the additional electricity required under the plan;
new text end

new text begin (4) maintain or enhance public health and safety when temperatures fall below 25 degrees
below zero Fahrenheit;
new text end

new text begin (5) support the integration of renewable and carbon-free resources;
new text end

new text begin (6) encourage load shape management and energy storage that reduce overall system
costs;
new text end

new text begin (7) prioritize electrification projects in economically disadvantaged communities; and
new text end

new text begin (8) produce a net reduction in greenhouse gas emissions, based on the electricity
generation portfolio of the public utility proposing the plan either over the lifetime of the
conversion or by 2050, whichever is sooner.
new text end

new text begin (b) The commission must approve, reject, or modify the public utility's plan, consistent
with the public interest. Plans approved by the commission under this subdivision are eligible
for cost recovery under section 216B.1645.
new text end

Sec. 44.

new text begin [216C.376] SOLAR FOR SCHOOLS PROGRAM FOR CERTAIN UTILITY
SERVICE TERRITORY.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The utility subject to section 116C.779 must
operate a program to develop, and to supplement with additional funding, financial
arrangements that allow schools to benefit from state and federal tax and other financial
incentives that schools are ineligible to receive directly, in order to enable schools to install
and operate solar energy systems that can be used as teaching tools and integrated into the
school curriculum.
new text end

new text begin Subd. 2. new text end

new text begin Required plan. new text end

new text begin (a) By October 1, 2019, the public utility must file a plan for
the solar for schools program with the commissioner. The plan must contain but is not
limited to the following elements:
new text end

new text begin (1) a description of how entities that are eligible to take advantage of state and federal
tax and other financial incentives that reduce the cost to purchase, install, and operate a
solar energy system that schools are ineligible to take advantage of directly can share a
portion of the financial benefits with schools where a solar energy system is proposed to
be installed;
new text end

new text begin (2) a description of how the public utility intends to use funds appropriated to the program
under this section to provide additional financial assistance to schools where a solar energy
system is proposed to be installed;
new text end

new text begin (3) certification that the financial assistance provided under this section to a school by
the public utility must include the full value of the renewable energy certificates associated
with the generation of electricity by the solar energy system receiving financial assistance
under this section over the lifetime of the solar energy system;
new text end

new text begin (4) an estimate of the amount of financial assistance that the public utility provides to a
school under clauses (1) to (3) on a per kilowatt-hour produced basis, and the length of time
financial assistance is provided;
new text end

new text begin (5) certification that the transaction between the public utility and the school for electricity
is the buy-all/sell-all method by which the public utility charges the school for all electricity
the school consumes at the applicable retail rate schedule for sales to the school based on
the school's customer class, and credits or pays the school at the rate established in
subdivision 5;
new text end

new text begin (6) administrative procedures governing the application and financial benefit award
process, and the costs the public utility and the department are projected to incur to administer
the program;
new text end

new text begin (7) the public utility's proposed process for periodic reevaluation and modification of
the program; and
new text end

new text begin (8) any additional information required by the commissioner.
new text end

new text begin (b) The public utility must not implement the program until the commissioner approves
the public utility's plan submitted under this subdivision. The commissioner must approve
a plan under this subdivision that the commissioner determines is in the public interest no
later than December 31, 2019. Any proposed modifications to the plan approved under this
subdivision must be approved by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin System eligibility. new text end

new text begin A solar energy system is eligible to receive financial benefits
under this section if it meets all of the following conditions:
new text end

new text begin (1) the solar energy system must be located on or adjacent to a school building receiving
retail electric service from the public utility and completely located within the public utility's
electric service territory, provided that any land situated between the school building and
the site where the solar energy system is installed is owned by the school district where the
school building operates;
new text end

new text begin (2) any energy storage system that is part of a solar energy system may only store energy
generated by an existing solar energy system serving the school or the solar energy system
receiving financial assistance under this section; and
new text end

new text begin (3) the total aggregate nameplate capacity of all distributed generation serving the school
building, including any subscriptions to a community solar garden under section 216B.1641,
does not exceed the lesser of one megawatt alternating current or 120 percent of the school
building's average annual electric energy consumption.
new text end

new text begin Subd. 4. new text end

new text begin Application process. new text end

new text begin (a) A school seeking financial assistance under this section
must submit an application to the public utility, including a plan for how the school plans
to use the solar energy system as a visible learning tool for students, teachers, and visitors
to the school, and how the solar energy system may be integrated into the school's curriculum.
new text end

new text begin (b) The public utility must award financial assistance under this section on a first-come,
first-served basis.
new text end

new text begin (c) The public utility must discontinue accepting applications under this section after
all funds appropriated under subdivision 5 are allocated to program participants, including
funds from canceled projects.
new text end

new text begin Subd. 5. new text end

new text begin Benefits information. new text end

new text begin Before signing an agreement with the public utility to
receive financial assistance under this section, a school must obtain from the developer and
provide to the public utility information the developer shared with potential investors in the
project regarding future financial benefits to be realized from installation of a solar energy
system at the school, and potential financial risks.
new text end

new text begin Subd. 6. new text end

new text begin Purchase rate; cost recovery; renewable energy credits. new text end

new text begin (a) The public utility
must purchase all of the electricity generated by a solar energy system receiving financial
assistance under this section at a rate of $0.105 per kilowatt-hour generated.
new text end

new text begin (b) Payments by the public utility of the rate established under this subdivision to a
school receiving financial assistance under this section are fully recoverable by the public
utility through the public utility's fuel clause adjustment.
new text end

new text begin (c) The renewable energy credits associated with the electricity generated by a solar
energy system installed under this section are the property of the public utility that is subject
to this section.
new text end

new text begin Subd. 7. new text end

new text begin Limitation. new text end

new text begin (a) No more than 50 percent of the financial assistance provided
by the public utility to schools under this section may be provided to schools where the
proportion of students eligible for free and reduced-price lunch under the National School
Lunch Program is less than 50 percent.
new text end

new text begin (b) No more than ten percent of the total amount of financial assistance provided by the
public utility to schools under this section may be provided to schools that are part of the
same school district.
new text end

new text begin Subd. 8. new text end

new text begin Technical assistance. new text end

new text begin The commissioner must provide technical assistance to
schools to develop and execute projects under this section.
new text end

new text begin Subd. 9. new text end

new text begin Application deadline. new text end

new text begin No application may be submitted under this section
after December 31, 2023.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 45.

new text begin [216C.401] ELECTRIC VEHICLE REBATES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

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

new text begin (b) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a,
paragraphs (a) and (b), clause (3).
new text end

new text begin (c) "New eligible electric vehicle" means an eligible electric vehicle that has not been
registered in any state.
new text end

new text begin (d) "Used eligible electric vehicle" means an eligible electric vehicle that has previously
been registered in a state.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin The purchaser of an electric vehicle is eligible for a rebate, subject
to the amounts and limits in subdivisions 3 and 4, if:
new text end

new text begin (1) the electric vehicle:
new text end

new text begin (i) has not been modified from the original manufacturer's specifications; and
new text end

new text begin (ii) is purchased after the effective date of this act for use by the purchaser and not for
resale;
new text end

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

new text begin (i) is a resident of Minnesota, as defined in section 290.01, subdivision 7, paragraph (a),
when the electric vehicle is purchased;
new text end

new text begin (ii) is a business that has a valid address in Minnesota from which business is conducted;
new text end

new text begin (iii) is a nonprofit corporation incorporated under chapter 317A; or
new text end

new text begin (iv) is a political subdivision of the state; and
new text end

new text begin (3) the purchaser:
new text end

new text begin (i) has not received a rebate or tax credit for the purchase of an electric vehicle from
Minnesota; and
new text end

new text begin (ii) registers the electric vehicle in Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Rebate amounts. new text end

new text begin (a) A $2,500 rebate may be issued under this section to an
eligible purchaser for the purchase of a new eligible electric vehicle.
new text end

new text begin (b) A $500 rebate may be issued under this section to an eligible purchaser for the
purchase of a used eligible electric vehicle, provided the electric vehicle has not previously
been registered in Minnesota.
new text end

new text begin Subd. 4. new text end

new text begin Limits. new text end

new text begin (a) The number of rebates allowed under this section are limited to:
new text end

new text begin (1) no more than one rebate per resident per household; and
new text end

new text begin (2) no more than one rebate per business entity per year.
new text end

new text begin (b) A rebate must not be issued under this section for an electric vehicle with a
manufacturer's suggested retail price that exceeds $60,000.
new text end

new text begin Subd. 5. new text end

new text begin Program administration. new text end

new text begin (a) Rebate applications under this section must be
filed with the commissioner on a form developed by the commissioner.
new text end

new text begin (b) The commissioner must develop administrative procedures governing the application
and rebate award process. Applications must be reviewed and rebates awarded by the
commissioner on a first-come, first-served basis.
new text end

new text begin (c) The commissioner may reduce the rebate amounts provided under subdivision 3 or
restrict program eligibility based on fund availability or other factors.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2024.
new text end

Sec. 46.

new text begin [216C.402] ELECTRIC VEHICLE PUBLIC CHARGING GRANT
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a.
new text end

new text begin (c) "Electric vehicle charging station" means infrastructure that recharges an electric
vehicle's batteries by connecting the electric vehicle to:
new text end

new text begin (1) a level two charger that provides a 208- or 240-volt alternating current power source;
or
new text end

new text begin (2) a DC fast charger that has an electric output of 20 kilowatts or greater.
new text end

new text begin (d) "Park-and-ride facility" has the meaning given in section 174.256, subdivision 2,
paragraph (b).
new text end

new text begin (e) "Public electric vehicle charging station" means an electric charging station located
at a publicly available parking space.
new text end

new text begin Subd. 2. new text end

new text begin Program. new text end

new text begin (a) The commissioner must award grants to help fund the installation
of a network of public electric vehicle charging stations in Minnesota, including locations
in state and regional parks, trailheads, and park-and-ride facilities. The commissioner must
issue a request for proposals to entities that have experience installing, owning, operating,
and maintaining electric vehicle charging stations. The request for proposal must establish
technical specifications that electric vehicle charging stations are required to meet.
new text end

new text begin (b) The commissioner must consult with the commissioner of natural resources to develop
optimal locations for electric vehicle charging stations in state and regional parks, and with
the commissioner of transportation to develop optimal locations for electric vehicle charging
stations at park-and-ride facilities.
new text end

new text begin Subd. 3. new text end

new text begin Electricity supplier. new text end

new text begin Electricity dispensed from an electric vehicle charging
station funded under this act must be purchased from the public utility subject to section
116C.779, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 47.

Minnesota Statutes 2018, section 216C.435, subdivision 3a, is amended to read:


Subd. 3a.

Cost-effective energy improvements.

"Cost-effective energy improvements"
mean:

(1) anynew text begin new construction,new text end renovationnew text begin,new text end or retrofitting ofdeleted text begin:
deleted text end

deleted text begin (i)deleted text end qualifying commercial real property to improve energy efficiency that is permanently
affixed to the property, results in a net reduction in energy consumption without altering
the principal source of energy, and has been identified in an energy audit as repaying the
purchase and installation costs in 20 years or less, based on the amount of future energy
saved and estimated future energy prices; deleted text beginor
deleted text end

deleted text begin (ii)deleted text endnew text begin (2) any renovation or retrofitting ofnew text end qualifying residential real property that is
permanently affixed to the property and is eligible to receive an incentive through a program
offered by the electric or natural gas utility that provides service under section 216B.241
to the property or is otherwise determined to be a cost-effective energy improvement by
the commissioner under section 216B.241, subdivision 1d, paragraph (a);

deleted text begin (2)deleted text endnew text begin (3)new text end permanent installation of new or upgraded electrical circuits and related equipment
to enable electrical vehicle charging; or

deleted text begin (3)deleted text endnew text begin (4)new text end a solar voltaic or solar thermal energy system attached to, installed within, or
proximate to a building that generates electrical or thermal energy from a renewable energy
source that has been identified in an energy audit or renewable energy system feasibility
study as repaying their purchase and installation costs in 20 years or less, based on the
amount of future energy saved and estimated future energy prices.

Sec. 48.

Minnesota Statutes 2018, section 216C.435, subdivision 8, is amended to read:


Subd. 8.

Qualifying commercial real property.

"Qualifying commercial real property"
means a multifamily residential dwelling, or a commercial or industrial building, that the
implementing entity has determined, after review of an energy audit or renewable energy
system feasibility study, can be benefited by installation of cost-effective energy
improvements.new text begin Qualifying commercial real property includes new construction.
new text end

Sec. 49.

Minnesota Statutes 2018, section 216C.436, subdivision 4, is amended to read:


Subd. 4.

Financing terms.

Financing provided under this section must have:

(1) a cost-weighted average maturity not exceeding the useful life of the energy
improvements installed, as determined by the implementing entity, but in no event may a
term exceed 20 years;

(2) a principal amount not to exceed the lesser ofnew text begin:
new text end

new text begin (i) the greater ofnew text end 20 percent of the assessed value of the real property on which the
improvements are to be installednew text begin or 20 percent of the real property's appraised value, accepted
or approved by the mortgage lender;
new text end or

new text begin (ii)new text end the actual cost of installing the energy improvements, including the costs of necessary
equipment, materials, and labor, the costs of each related energy audit or renewable energy
system feasibility study, and the cost of verification of installation; and

(3) an interest rate sufficient to pay the financing costs of the program, including the
issuance of bonds and any financing delinquencies.

Sec. 50.

Minnesota Statutes 2018, section 216C.436, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Improvements; real property or fixture. new text end

new text begin A cost-effective energy improvement
financed under a PACE loan program, including all equipment purchased in whole or in
part with loan proceeds under a loan program, is deemed real property or a fixture attached
to the real property.
new text end

Sec. 51.

new text begin [216C.45] POWER PLANT HOST COMMUNITY TRANSITION
PLANNING.
new text end

new text begin The commissioner of commerce must coordinate with the commissioner of labor and
industry and the commissioner of employment and economic development to develop plans,
programs, and recommendations to mitigate the impacts on host communities and workers
resulting from the retirement of large electric generation facilities. The commissioners must
confer with stakeholders in preparing these plans and programs, including representatives
of local government units that host large electric generation facilities, workers and contractors
at large generation facilities, and the utilities that own large electric generation facilities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 52.

Minnesota Statutes 2018, section 216F.04, is amended to read:


216F.04 SITE PERMIT.

(a) No person may construct an LWECS without a site permit issued by the Public
Utilities Commission.

(b) Any person seeking to construct an LWECS shall submit an application to the
commission for a site permit in accordance with this chapter and any rules adopted by the
commission. The permitted site need not be contiguous land.

(c) The commission shall make a final decision on an application for a site permit for
an LWECS within 180 days after acceptance of a complete application by the commission.
The commission may extend this deadline for cause.

(d) The commission may place conditions in a permit and may deny, modify, suspend,
or revoke a permit.

new text begin (e) The commission may require, as a condition of permit issuance, that the recipient of
a site permit to construct an LWECS with a nameplate capacity above 25,000 kilowatts and
all of the permit recipient's construction contractors and subcontractors on the project pay
the prevailing wage rate, as defined in section 177.42. The commission may also require,
as a condition of modifying a site permit for an LWECS repowering project as defined in
section 216B.243, subdivision 8, paragraph (b), that the recipient of the site permit and all
of the recipient's construction contractors and subcontractors on the repowering project pay
the prevailing wage rate as defined in section 177.42.
new text end

Sec. 53.

Minnesota Statutes 2018, section 216F.08, is amended to read:


216F.08 PERMIT AUTHORITY; ASSUMPTION BY COUNTIES.

(a) A county board may, by resolution and upon written notice to the Public Utilities
Commission, assume responsibility for processing applications for permits required under
this chapter for LWECS with a combined nameplate capacity of less than 25,000 kilowatts.
The responsibility for permit application processing, if assumed by a county, may be
delegated by the county board to an appropriate county officer or employee. Processing by
a county shall be done in accordance with procedures and processes established under
chapter 394.

(b) A county board that exercises its option under paragraph (a) may issue, deny, modify,
impose conditions upon, or revoke permits pursuant to this section. The action of the county
board about a permit application is final, subject to appeal as provided in section 394.27.

(c) The commission shall, by order, establish general permit standards, including
appropriate property line set-backs, governing site permits for LWECS under this section.
The order must consider existing and historic commission standards for wind permits issued
by the commission. The general permit standards shall apply to permits issued by counties
and to permits issued by the commission for LWECS with a combined nameplate capacity
of less than 25,000 kilowatts. The commission or a county may grant a variance from a
general permit standard if the variance is found to be in the public interestnew text begin, provided all
LWECS site permits issued by the commission or a county and all modifications of site
permits issued by the commission or a county for repowering projects comply with the
prevailing wage rate requirements under section 216F.04, paragraph (e)
new text end.

(d) The commission and the commissioner of commerce shall provide technical assistance
to a county with respect to the processing of LWECS site permit applications.

Sec. 54.

Minnesota Statutes 2018, section 326B.106, is amended by adding a subdivision
to read:


new text begin Subd. 16. new text end

new text begin Voluntary adoption of stretch code. new text end

new text begin The Construction Codes Advisory
Council must establish a voluntary code of standards for the construction, reconstruction,
and alteration of public and private commercial and multifamily residential buildings, as
an appendix to the State Building Code. This voluntary code of standards must conform to
Sustainable Building 2030 standards, as defined in section 216B.241, subdivision 9, which
applies additional performance requirements without altering any underlying codes or safety
standards. The code sections contained in this appendix may be adopted by a local jurisdiction
at its election and become an official addendum to the baseline energy code in the
jurisdictions adopting them. When adopting the code sections contained in the appendix,
the local jurisdiction must not amend the code sections, but may specify a minimum size
for the buildings the stretch code will apply to. The minimum size must be at least 10,000
square feet.
new text end

Sec. 55. new text beginMETROPOLITAN COUNCIL; ELECTRIC BUS PURCHASES.
new text end

new text begin After the effective date of this act and until the appropriation made in section 61,
subdivision 5, is exhausted, any bus purchased by the Metropolitan Council for Metro
Transit bus service must operate solely on electricity provided by rechargeable on-board
batteries. The appropriation in section 61, subdivision 5, must be used to pay the incremental
cost of buses that operate solely on electricity provided by rechargeable on-board batteries
over diesel-operated buses that are otherwise comparable in size, features, and performance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 56. new text beginELECTRIC SCHOOL BUS DEMONSTRATION GRANT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Electric school bus" means a school bus powered solely by an electric motor drawing
current from rechargeable storage batteries, fuel cells, or other portable sources of electric
current.
new text end

new text begin (c) "Electric vehicle charging station" means infrastructure that recharges an electric
vehicle's batteries by connecting the electric vehicle to:
new text end

new text begin (1) a level 2 charger that provides a 240-volt alternating current power source; or
new text end

new text begin (2) a DC fast charger that has an electric output of 20 kilowatts or greater.
new text end

new text begin (d) "Private school bus contractor" means a person who contracts with a school district
to transport school district students to and from school and school activities on school buses
owned and operated by the person.
new text end

new text begin (e) "School bus" has the meaning given in Minnesota Statutes, section 169.011,
subdivision 71. School bus does not include a Type III vehicle, as defined in Minnesota
Statutes, section 169.011, paragraph (h).
new text end

new text begin (f) "School district" means an independent or special school district.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The commissioner of education must award a grant to a school district
to purchase an electric school bus as a demonstration project to enable the school district,
the electric utility serving the school district, and, if applicable, the private school bus
contractor providing transportation services to the school district to gain experience operating
an electric school bus and to assess its performance.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin A school district located within the electric retail service area of
the public utility subject to Minnesota Statutes, section 116C.779, subdivision 1, that owns
and operates school buses or contracts with a private school bus contractor is eligible to
apply for a grant under this section.
new text end

new text begin Subd. 4. new text end

new text begin Application process. new text end

new text begin An eligible applicant must submit an application to the
commissioner of education on a form designed by the commissioner of education. The
commissioner of education must develop administrative procedures governing the application
and grant award process.
new text end

new text begin Subd. 5. new text end

new text begin Application content. new text end

new text begin An application for a grant under this section must include:
new text end

new text begin (1) the name of the school district or districts where the electric school bus is proposed
to operate;
new text end

new text begin (2) a description of the route, timing of operation, number of students to be transported,
and other factors affecting the performance characteristics that an electric school bus
performance must meet;
new text end

new text begin (3) certification from the electric utility serving the school district, and, if applicable,
the private school bus contractor providing transportation services to the school district,
that the electric utility and private school bus contractor fully support and are full partners
in implementing the demonstration project, including a list of tasks the electric utility and
private school bus contractor commit to conduct and any voluntary financial contributions
to the project;
new text end

new text begin (4) certification from the electric utility serving the school district that it commits to pay
the costs to purchase and install an electric vehicle charging station in a convenient location
to recharge the batteries of the electric school bus;
new text end

new text begin (5) evidence that the proposed electric school bus has access to an electric vehicle
charging station at a convenient location;
new text end

new text begin (6) if the school district contracts with a private school bus contractor:
new text end

new text begin (i) a copy of a signed agreement between the school district and the private school bus
contractor that protects the state's interest in the electric school bus purchased with the grant
in the case of the termination of the private school bus contractor's contract with the school
district or other contingencies; and
new text end

new text begin (ii) written certification that any revenues paid to the private school bus contractor by
the utility providing retail electric service to the private school bus contractor that result
from the purchase of or access to the electricity stored in the batteries of the electric school
bus purchased with a grant under this section must be forwarded to the school district; and
new text end

new text begin (7) any additional information required by the commissioner of education.
new text end

new text begin Subd. 6. new text end

new text begin Eligible expenditures. new text end

new text begin Grant funds awarded under this section may be expended
to:
new text end

new text begin (1) purchase an electric school bus;
new text end

new text begin (2) pay the cost of electricity to charge the batteries of the electric school bus; and
new text end

new text begin (3) pay repair and maintenance costs for the electric school bus.
new text end

new text begin Subd. 7. new text end

new text begin Reports. new text end

new text begin On or before the first anniversary of the initial operation of a school
bus funded by a grant under this section, and on or before the same date in each of the
following two years, the school district awarded the grant, in collaboration with the electric
utility serving the school district, and, if applicable, the private school bus contractor
providing transportation services to the school district, must submit a report describing the
performance of the electric school bus to the chairs and ranking minority members of the
senate and house of representatives committees with primary jurisdiction over energy policy,
transportation policy, and education policy, and to the commissioner of education. At a
minimum, the report must contain the following information regarding the performance of
the electric school bus:
new text end

new text begin (1) the number of miles traveled per day and per year;
new text end

new text begin (2) the cost of recharging, and any steps taken to minimize the costs by charging at
off-peak times;
new text end

new text begin (3) operating costs per mile;
new text end

new text begin (4) miles driven per kilowatt hour;
new text end

new text begin (5) the number of days the electric school bus was out of service for repairs;
new text end

new text begin (6) discussion of the qualitative aspects of performance, including the impact of extreme
cold on bus performance; and
new text end

new text begin (7) any other information deemed relevant by the school district.
new text end

Sec. 57. new text beginGREENHOUSE GAS EMISSIONS REDUCTION STRATEGY; REPORT.
new text end

new text begin (a) The commissioner of commerce must develop benchmarks and strategies designed
to significantly accelerate the reduction in greenhouse gas emissions in Minnesota by 2030,
including strategies to:
new text end

new text begin (1) increase energy efficiency in all buildings, including residential;
new text end

new text begin (2) provide consumers with tools to manage personal energy use automatically, remotely,
and electronically;
new text end

new text begin (3) present consumers with financial incentives to shift energy use to periods when
systemwide demand and the cost of generation are low;
new text end

new text begin (4) work toward electrifying all sectors of the economy currently powered by fossil
fuels;
new text end

new text begin (5) increase carbon sequestration in Minnesota lands and wetlands;
new text end

new text begin (6) incentivize the adoption of energy storage systems to accelerate the use of wind and
solar resources; and
new text end

new text begin (7) modernize the electric grid and promote the use of distributed energy resources.
new text end

new text begin (b) By November 30, 2019, the commissioner must submit a report containing the
benchmarks and strategies to the chairs and ranking minority members of the senate and
house of representatives committees with primary jurisdiction over energy policy.
new text end

Sec. 58.

new text begin PRAIRIE ISLAND RENEWABLE ENERGY.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The Prairie Island Renewable Energy Project is
established to enable the Prairie Island Indian Community to develop renewable energy
systems.
new text end

new text begin Subd. 2. new text end

new text begin Grant. new text end

new text begin The commissioner of employment and economic development must
enter into a grant contract with the Prairie Island Indian Community to provide funding to
stimulate implementation of renewable energy projects benefiting the Prairie Island Indian
Community or its members. Renewable energy projects under this section include but are
not limited to geothermal energy and on-site community solar gardens at Prairie Island,
Upper Island, Mount Frontenac, the assisted living center located near the intersection of
Highway 361 and signed U.S. Highway 61, and any residential development on land owned
by the Prairie Island Indian Community in West Lakeland Township. Any examination
conducted by the commissioner of employment and economic development to determine
the sufficiency of the financial stability and capacity of the Prairie Island Indian Community
to carry out the purposes of this grant is limited to the Community Services Department of
the Prairie Island Indian Community.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The Prairie Island Indian Community must file a report on July 1,
2020, and each July 1 thereafter until the project is complete, describing the progress made
in implementing the project and the uses of expended funds. A final report must be completed
within 90 days of the date the project is complete.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2019.
new text end

Sec. 59. new text beginCOORDINATED ELECTRIC TRANSMISSION STUDY.
new text end

new text begin (a) Each entity subject to Minnesota Statutes, section 216B.2425, must participate in a
coordinated engineering study to identify transmission network enhancements necessary to
maintain system reliability in the event large generation resources are retired. Specifically,
the study must evaluate what enhancements are necessary in the event large generation
resources that reach the end of the large generation resource's depreciation term or operating
license term within 20 years of the effective date of this section are retired. The study must
also evaluate the transmission enhancements that may be necessary to interconnect
replacement generation, including but not limited to:
new text end

new text begin (1) 7,000 megawatts of generation from eligible energy technologies, as defined in
Minnesota Statutes, section 216B.1691, subdivision 1, by 2025; and
new text end

new text begin (2) any replacement generation and renewable resource additions, including generation
tie lines, anticipated to occur by 2035 in any utility's integrated resource plan filed with or
approved by the Public Utilities Commission.
new text end

new text begin (b) When setting the scope for the study and as needed while the study is being conducted,
utilities must consult with the commissioner of commerce, technical representatives of
renewable energy resource developers, and other interested entities to discuss and identify
needed generation tie lines to support the continued orderly development of renewable
resources in Minnesota. The study must include any analysis performed by the Midcontinent
Independent System Operator.
new text end

new text begin (c) A report on the study must be completed and submitted to the Public Utilities
Commission by November 1, 2020, and include a preliminary plan to build the needed
transmission network enhancements. Reasonable and prudent costs for the study are
recoverable through the mechanism provided under Minnesota Statutes, section 216B.1645,
subdivision 2.
new text end

Sec. 60. new text beginENERGY UTILITY DIVERSITY STAKEHOLDER GROUP; REPORT.
new text end

new text begin (a) The Public Utilities Commission must convene a stakeholder group to examine the
challenges and opportunities for Minnesota's energy utilities to attract a diverse workforce
with the skills needed to advance a 21st century industry and to increase the supplier diversity
of energy utilities. The stakeholder group must include but is not limited to stakeholders
representative of public utilities as defined in Minnesota Statutes, section 216B.02,
subdivision 4, municipal, electric, or gas utilities, and electric or gas cooperative associations.
The executive director of the commission must convene the first meeting of the stakeholder
group.
new text end

new text begin (b) The stakeholder group must:
new text end

new text begin (1) examine current and projected employment in the energy utility sector;
new text end

new text begin (2) provide information on possible approaches to assist workers and energy utilities to
develop a diverse workforce that has the skills to build, maintain, and operate the electricity
system of the future;
new text end

new text begin (3) review key trends that have shaped employment in this sector and the demographics
of the sector, including the underrepresentation of women, veterans, and minorities in
employment and leadership;
new text end

new text begin (4) identify the challenges to replacing retiring workers;
new text end

new text begin (5) examine the imbalance of available worker skills to utility workforce needs; and
new text end

new text begin (6) identify the challenges and possible approaches to increasing supplier diversity.
new text end

new text begin (c) The stakeholder group must also consider whether information regarding workforce
and supplier diversity should be included and considered as part of any resource plan filed
by a utility with the commission.
new text end

new text begin (d) By January 15, 2020, the stakeholder group must issue a report to the chairs and
ranking minority members of the house of representatives and senate committees with
jurisdiction over energy policy and finance identifying its findings and recommendations
for establishing a more diverse workforce and increasing supplier diversity within the electric
energy sector.
new text end

Sec. 61. new text beginAPPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin University of Minnesota renewable energy transition. new text end

new text begin (a)
Notwithstanding Minnesota Statutes, section 116C.779, subdivision 1, paragraph (j),
$6,000,000 in fiscal year 2020 is appropriated from the renewable development account
established under Minnesota Statutes, section 116C.779, subdivision 1, to the Board of
Regents of the University of Minnesota to establish goals and benchmarks and implement
a rapid transition toward the use of renewable fuels for electricity and thermal energy in
campus buildings by 2030. This appropriation may only be expended on activities located
within the electric service area of the public utility subject to Minnesota Statutes, section
116C.779, subdivision 1. This appropriation is available until December 31, 2024.
new text end

new text begin (b) As a condition of receiving the appropriation under paragraph (a), the Board of
Regents of the University of Minnesota must submit a report by January 15, 2020, and
biennially thereafter until January 15, 2030, on the progress made toward the goals and
benchmarks established under paragraph (a) to the chairs and ranking minority members
of the senate and house of representatives committees and divisions with jurisdiction over
energy, climate, the environment, and natural resources.
new text end

new text begin Subd. 2. new text end

new text begin Minnesota State Colleges and Universities renewable energy transition. new text end

new text begin (a)
Notwithstanding Minnesota Statutes, section 116C.779, subdivision 1, paragraph (j),
$6,000,000 in fiscal year 2020 is appropriated from the renewable development account
established in Minnesota Statutes, section 116C.779, subdivision 1, to the Board of Trustees
of the Minnesota State Colleges and Universities to establish goals and benchmarks and
implement a rapid transition toward the use of renewable fuels for electricity and thermal
energy in campus buildings by 2030. This appropriation may only be expended on activities
located within the electric service area of the public utility subject to Minnesota Statutes,
section 116C.779, subdivision 1. This appropriation is available until December 31, 2024.
new text end

new text begin (b) As a condition of receiving the appropriation provided under paragraph (a), the Board
of Trustees of the Minnesota State Colleges and Universities must submit a report by January
15, 2020, and biennially thereafter until January 15, 2030, on the steps taken and progress
made toward achieving the goals and benchmarks established under paragraph (a) to the
chairs and ranking minority members of the senate and house of representatives committees
and divisions with jurisdiction over energy, climate, the environment, and natural resources.
new text end

new text begin Subd. 3. new text end

new text begin Solar devices. new text end

new text begin Notwithstanding Minnesota Statutes, section 116C.779,
subdivision 1, paragraph (j), $3,500,000 in fiscal year 2020 is appropriated from the
renewable development account established in Minnesota Statutes, section 116C.779,
subdivision 1, to the commissioner of natural resources to install and expand solar
photovoltaic or solar thermal energy devices in state parks served with electricity by the
public utility subject to Minnesota Statutes, section 116C.779, subdivision 1. The department
owns any renewable energy credits associated with the electricity generated by a solar
photovoltaic device funded with this appropriation. This appropriation is available until
December 31, 2024.
new text end

new text begin Subd. 4. new text end

new text begin Solar for schools. new text end

new text begin Notwithstanding Minnesota Statutes, section 116C.779,
subdivision 1, paragraph (j), $16,000,000 in fiscal year 2020 is appropriated from the
renewable development account established under Minnesota Statutes, section 116C.779,
subdivision 1, to the commissioner of commerce for transfer to the public utility that is
subject to Minnesota Statutes, section 216C.376, to award grants and financial assistance
to schools under the solar for schools program under Minnesota Statutes, section 216C.376.
This appropriation is available until December 31, 2024.
new text end

new text begin Subd. 5. new text end

new text begin Metropolitan Council; electric buses. new text end

new text begin Notwithstanding Minnesota Statutes,
section 116C.779, subdivision 1, paragraph (j), $8,000,000 in fiscal year 2019 is appropriated
from the renewable development account under Minnesota Statutes, section 116C.779,
subdivision 1, to the Metropolitan Council to defray the cost of purchasing electric buses,
as described in section 55. Any funds remaining from this appropriation that are insufficient
to fully fund the incremental cost of purchasing an electric bus rather than a diesel-operated
bus cancel back to the renewable development account. This appropriation is available until
December 31, 2020.
new text end

new text begin Subd. 6. new text end

new text begin Electric school bus grant. new text end

new text begin Notwithstanding Minnesota Statutes, section
116C.779, subdivision 1, paragraph (j), $500,000 in fiscal year 2020 is appropriated from
the renewable development account under Minnesota Statutes, section 116C.779, subdivision
1, to the commissioner of education to award a grant to a school district located within the
retail electric service area of the public utility subject to Minnesota Statutes, section
116C.779, subdivision 1, to purchase an electric school bus. This appropriation is available
until December 31, 2024.
new text end

new text begin Subd. 7. new text end

new text begin Community solar garden administration. new text end

new text begin (a) Notwithstanding Minnesota
Statutes, section 116C.779, subdivision 1, paragraph (j), $750,000 in fiscal year 2020 and
$750,000 in fiscal year 2021 are appropriated from the renewable development account
established in Minnesota Statutes, section 116C.779, subdivision 1, to the commissioner of
commerce for the purpose of funding the Department of Commerce's administrative and
enforcement activities under Minnesota Statutes, section 216B.1641, subdivision 4.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 116C.779, subdivision 1, paragraph
(j), $1,000,000 in fiscal year 2020 and $1,000,000 in fiscal year 2021 are appropriated from
the renewable development account established in Minnesota Statutes, section 116C.779,
subdivision 1, to the commissioner of commerce for grants under Minnesota Statutes, section
216B.1643.
new text end

new text begin (c) Up to three percent of the appropriation made in paragraph (b) is available to the
commissioner of commerce for the reasonable costs of administrating the grant program in
Minnesota Statutes, section 216B.1643.
new text end

new text begin Subd. 8. new text end

new text begin Prairie Island Renewable Energy project. new text end

new text begin Notwithstanding Minnesota
Statutes, section 116C.779, subdivision 1, paragraph (j), $2,000,000 in fiscal year 2020 and
$3,000,000 in fiscal year 2021 are appropriated from the renewable development account
under Minnesota Statutes, section 116C.779, subdivision 1, to the commissioner of
employment and economic development for a grant to the Prairie Island Indian Community
to implement the Prairie Island Renewable Energy project under section 58. This
appropriation is onetime and is available until December 31, 2024.
new text end

new text begin Subd. 9. new text end

new text begin Electric vehicle rebates. new text end

new text begin Notwithstanding Minnesota Statutes, section 116C.779,
subdivision 1, paragraph (j), $10,400,000 in fiscal year 2020 is appropriated from the
renewable development account established in Minnesota Statutes, section 116C.779,
subdivision 1, to the commissioner of commerce to award rebates to eligible electric vehicle
purchasers under Minnesota Statutes, section 216C.401. Appropriations from this paragraph
must be used to award rebates to eligible purchasers who reside within the retail electric
service area of the public utility subject to Minnesota Statutes, section 116C.779, subdivision
1. This appropriation is available until December 31, 2024.
new text end

new text begin Subd. 10. new text end

new text begin Electric vehicle charging stations. new text end

new text begin Notwithstanding Minnesota Statutes,
section 116C.779, subdivision 1, paragraph (j), $2,500,000 in fiscal year 2020 is appropriated
from the renewable development account established in Minnesota Statutes, section
116C.779, subdivision 1, to the commissioner of commerce to award grants to install electric
vehicle charging stations under Minnesota Statutes, section 216C.402. Appropriations from
this paragraph must be used to award grants to install electric vehicle charging stations
within the retail electric service area of the public utility subject to Minnesota Statutes,
section 116C.779, subdivision 1. Up to $600,000 of this appropriation may be used to fund
electric vehicle charging stations in state and regional parks and up to $100,000 may be
used to fund electric vehicle charging stations in park-and-ride facilities. Unexpended funds
from this $700,000 may be used to fund electric vehicle charging stations in either location.
This appropriation is available until December 31, 2024.
new text end

new text begin Subd. 11. new text end

new text begin Stretch code. new text end

new text begin Notwithstanding Minnesota Statutes, section 116C.779,
subdivision 1, paragraph (j), $100,000 in fiscal year 2020 is appropriated from the renewable
development account established in Minnesota Statutes, section 116C.779, subdivision 1,
to the commissioner of commerce for transfer to the Center for Sustainable Building Research
at the University of Minnesota to provide technical assistance to local jurisdictions that
adopt a voluntary stretch code under Minnesota Statutes, section 326B.106, subdivision 16.
This is a onetime appropriation. This appropriation is available until December 31, 2024.
new text end

new text begin Subd. 12. new text end

new text begin Coordinated electric transmission study. new text end

new text begin Notwithstanding Minnesota
Statutes, section 116C.779, subdivision 1, paragraph (j), $1,000,000 in fiscal year 2020 is
appropriated from the renewable development account established in Minnesota Statutes,
section 116C.779, subdivision 1, to the commissioner of commerce to conduct the
transmission study required under section 59.
new text end

new text begin Subd. 13. new text end

new text begin Solar incentive program. new text end

new text begin Notwithstanding Minnesota Statutes, section
116C.779, subdivision 1, paragraph (j), $5,000,000 in fiscal year 2019 is appropriated from
the renewable development account under Minnesota Statutes, section 116C.779, subdivision
1, to the commissioner of commerce for transfer to a public utility that is subject to Minnesota
Statutes, section 116C.779, subdivision 1, for the purpose of Minnesota Statutes, section
116C.7792. This appropriation must be expended by December 31, 2019.
new text end

new text begin Subd. 14. new text end

new text begin Made in Minnesota; administration. new text end

new text begin Notwithstanding Minnesota Statutes,
section 116C.779, subdivision 1, paragraph (j), $100,000 in fiscal year 2020 and $100,000
in fiscal year 2021 are appropriated from the renewable development account under
Minnesota Statutes, section 116C.779, subdivision 1, to the commissioner of commerce for
the purpose of administering the Made in Minnesota program under Minnesota Statutes,
section 216C.417.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 62. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 216B.241, subdivisions 1, 2c, and 4, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H2208-1

181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.

(a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's child, as defined in section 181.940, subdivision 4, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the employer's general assets.

(b) An employee may use sick leave as allowed under this section for safety leave, whether or not the employee's employer allows use of sick leave for that purpose for such reasonable periods of time as may be necessary. Safety leave may be used for assistance to the employee or assistance to the relatives described in paragraph (a). For the purpose of this section, "safety leave" is leave for the purpose of providing or receiving assistance because of sexual assault, domestic abuse, or stalking. For the purpose of this paragraph:

(1) "domestic abuse" has the meaning given in section 518B.01;

(2) "sexual assault" means an act that constitutes a violation under sections 609.342 to 609.3453 or 609.352; and

(3) "stalking" has the meaning given in section 609.749.

(c) An employer may limit the use of safety leave as described in paragraph (b) or personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent to no less than 160 hours in any 12-month period. This paragraph does not apply to absences due to the illness or injury of a child, as defined in section 181.940, subdivision 4.

(d) For purposes of this section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits.

(e) For the purpose of this section, "child" includes a stepchild and a biological, adopted, and foster child.

(f) For the purpose of this section, "grandchild" includes a step-grandchild, and a biological, adopted, and foster grandchild.

(g) This section does not prevent an employer from providing greater sick leave benefits than are provided for under this section.

(h) An employer shall not retaliate against an employee for requesting or obtaining a leave of absence under this section.

216B.241 ENERGY CONSERVATION IMPROVEMENT.

Subdivision 1.

Definitions.

For purposes of this section and section 216B.16, subdivision 6b, the terms defined in this subdivision have the meanings given them.

(a) "Commission" means the Public Utilities Commission.

(b) "Commissioner" means the commissioner of commerce.

(c) "Department" means the Department of Commerce.

(d) "Energy conservation" means demand-side management of energy supplies resulting in a net reduction in energy use. Load management that reduces overall energy use is energy conservation.

(e) "Energy conservation improvement" means a project that results in energy efficiency or energy conservation. Energy conservation improvement may include waste heat that is recovered and converted into electricity, but does not include electric utility infrastructure projects approved by the commission under section 216B.1636. Energy conservation improvement also includes waste heat recovered and used as thermal energy.

(f) "Energy efficiency" means measures or programs, including energy conservation measures or programs, that target consumer behavior, equipment, processes, or devices designed to produce either an absolute decrease in consumption of electric energy or natural gas or a decrease in consumption of electric energy or natural gas on a per unit of production basis without a reduction in the quality or level of service provided to the energy consumer.

(g) "Gross annual retail energy sales" means annual electric sales to all retail customers in a utility's or association's Minnesota service territory or natural gas throughput to all retail customers, including natural gas transportation customers, on a utility's distribution system in Minnesota. For purposes of this section, gross annual retail energy sales exclude:

(1) gas sales to:

(i) a large energy facility;

(ii) a large customer facility whose natural gas utility has been exempted by the commissioner under subdivision 1a, paragraph (b), with respect to natural gas sales made to the large customer facility; and

(iii) a commercial gas customer facility whose natural gas utility has been exempted by the commissioner under subdivision 1a, paragraph (c), with respect to natural gas sales made to the commercial gas customer facility; and

(2) electric sales to a large customer facility whose electric utility has been exempted by the commissioner under subdivision 1a, paragraph (b), with respect to electric sales made to the large customer facility.

(h) "Investments and expenses of a public utility" includes the investments and expenses incurred by a public utility in connection with an energy conservation improvement, including but not limited to:

(1) the differential in interest cost between the market rate and the rate charged on a no-interest or below-market interest loan made by a public utility to a customer for the purchase or installation of an energy conservation improvement;

(2) the difference between the utility's cost of purchase or installation of energy conservation improvements and any price charged by a public utility to a customer for such improvements.

(i) "Large customer facility" means all buildings, structures, equipment, and installations at a single site that collectively (1) impose a peak electrical demand on an electric utility's system of not less than 20,000 kilowatts, measured in the same way as the utility that serves the customer facility measures electrical demand for billing purposes or (2) consume not less than 500 million cubic feet of natural gas annually. In calculating peak electrical demand, a large customer facility may include demand offset by on-site cogeneration facilities and, if engaged in mineral extraction, may aggregate peak energy demand from the large customer facility's mining and processing operations.

(j) "Large energy facility" has the meaning given it in section 216B.2421, subdivision 2, clause (1).

(k) "Load management" means an activity, service, or technology to change the timing or the efficiency of a customer's use of energy that allows a utility or a customer to respond to wholesale market fluctuations or to reduce peak demand for energy or capacity.

(l) "Low-income programs" means energy conservation improvement programs that directly serve the needs of low-income persons, including low-income renters.

(m) "Qualifying utility" means a utility that supplies the energy to a customer that enables the customer to qualify as a large customer facility.

(n) "Waste heat recovered and used as thermal energy" means capturing heat energy that would otherwise be exhausted or dissipated to the environment from machinery, buildings, or industrial processes and productively using such recovered thermal energy where it was captured or distributing it as thermal energy to other locations where it is used to reduce demand-side consumption of natural gas, electric energy, or both.

(o) "Waste heat recovery converted into electricity" means an energy recovery process that converts otherwise lost energy from the heat of exhaust stacks or pipes used for engines or manufacturing or industrial processes, or the reduction of high pressure in water or gas pipelines.

Subd. 2c.

Performance incentives.

By December 31, 2008, the commission shall review any incentive plan for energy conservation improvement it has approved under section 216B.16, subdivision 6c, and adjust the utility performance incentives to recognize making progress toward and meeting the energy-savings goals established in subdivision 1c.

Subd. 4.

Federal law prohibitions.

If investments by public utilities in energy conservation improvements are in any manner prohibited or restricted by federal law and there is a provision under which the prohibition or restriction may be waived, then the commission, the governor, or any other necessary state agency or officer shall take all necessary and appropriate steps to secure a waiver with respect to those public utility investments in energy conservation improvements included in this section.

325F.75 ADVERTISING RESTRICTIONS; SCOPE; PENALTIES.

Subdivision 1.

Restrictions.

Except as provided in this section, where a plumbing license is required under section 326B.46, no person offering plumbing services may do any of the following unless the person employs a licensed master plumber or the person is a licensed master or journeyman plumber:

(1) advertise as a plumbing contractor, master plumber, journeyman plumber, or plumber;

(2) append the person's name to, or in connection with, the title "plumbing contractor," "master plumber," "journeyman plumber," or "plumber";

(3) append the person's name to any other words that tend to represent the person as a plumbing contractor, master plumber, journeyman plumber, or plumber.

A person who advertises as a master plumber shall include in the advertisement the number of the person's license as a master plumber. A person who advertises as a journeyman plumber must include in the advertisement the person's master or journeyman plumber license number. A person who advertises as a plumbing contractor shall include in the advertisement the license number of the master plumber employed by the plumbing contractor.

A vehicle used to conduct plumbing business must prominently display on its exterior the license number of the master plumber or journeyman plumber performing plumbing services.

Subd. 2.

Scope.

(a) This section applies to a person advertising plumbing services if that person engages in or works at the business of plumbing or offers plumbing services in a city of 5,000 or more population.

(b) This section also applies to a person advertising plumbing services who engages in or works at the business of plumbing or offers plumbing services in a city of less than 5,000 in population that by ordinance requires licensing to do business as a master or journeyman plumber.

Subd. 3.

Penalties.

(a) A person who is found guilty of violating subdivision 1 is subject to a fine not to exceed $200 for the first offense.

(b) A person who is found guilty of violating subdivision 1 is subject to a fine not to exceed $1,000 for the second offense.

(c) A person who is found guilty of violating subdivision 1 is subject to a fine not to exceed $1,000 or imprisonment not to exceed 30 days, or both, for the third and subsequent offenses.