3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 09:34am
A bill for an act
relating to state government; appropriating money for certain agriculture-related
purposes; modifying various agriculture-related provisions; making clarifying,
technical, and policy changes; providing a tractor rollover pilot grant program;
establishing an agricultural emergency account; appropriating money for
environment and natural resources; modifying prior appropriations; modifying
provisions to harvest wild rice; establishing requirements for marine carbon
monoxide detection devices; modifying terms of certain committees, funds,
and accounts; providing for prescribed burns; modifying provisions for certain
land sales and exchanges; creating Aggregate Resources Task Force; providing
appointments; providing for certain water level control permit; appropriating
money for jobs, economic development, and energy affordability; appropriating
money to the Departments of Employment and Economic Development, Labor
and Industry, and Commerce, the Housing Finance Agency, Public Utilities
Commission, Public Facilities Authority, Explore Minnesota Tourism, Bureau of
Mediation Services, and Public Employment Relations Board; making policy
changes to jobs and economic development, labor and industry, housing, workers'
compensation, unemployment insurance, telephone regulation, broadband
development, and energy; requiring reports; amending Minnesota Statutes 2014,
sections 3.736, subdivision 4; 17.117, subdivisions 4, 11a; 17.4982, subdivision
18a; 18B.26, subdivision 3; 41A.12, subdivision 2; 84.027, subdivision 13;
84.089, subdivision 3; 84.091, subdivision 2; 84D.01, subdivision 2; 84D.05,
subdivision 1; 84D.09, subdivision 2; 84D.10, subdivision 4; 84D.108, by adding
a subdivision; 84D.13, subdivision 4; 86B.005, by adding subdivisions; 88.01,
by adding a subdivision; 88.22, subdivision 1; 93.0015, subdivision 3; 93.2236;
94.3495, subdivisions 2, 3, 7; 97A.075, subdivisions 1, 7; 115C.09, subdivisions
1, 3; 116C.779, subdivision 1, by adding a subdivision; 116J.395, subdivisions 4,
6, 7, by adding subdivisions; 116J.548, subdivisions 2, 3; 116J.8737, subdivision
3; 116J.8747, subdivisions 1, 2; 116M.15, subdivision 1; 176.011, subdivision 7a;
176.081, subdivisions 1, 3; 176.137, subdivisions 1, 4, by adding a subdivision;
176.331; 176.361, subdivisions 1, 2, 3, 4, 5, 6, by adding a subdivision; 176.471,
subdivisions 3, 5; 176.511, subdivisions 2, 3; 176.571, subdivision 1; 182.653,
subdivision 9; 216A.03, subdivision 1, by adding a subdivision; 216B.1641;
216B.241, subdivisions 1, 1a, 1c; 216B.243, subdivision 8; 216C.20, subdivision
3; 216E.03, subdivision 5; 216H.01, by adding a subdivision; 216H.03,
subdivision 1; 222.37, subdivision 1; 237.01, by adding subdivisions; 237.012,
subdivisions 1, 2; 268.035, subdivisions 12, 20, 23a, 29, by adding subdivisions;
268.051, subdivision 5; 268.085, subdivisions 4, 5; 268.0865, subdivisions
3, 4; 268.095, subdivisions 1, 2, 5; 268.101, subdivision 2; 268.18; 268.182,
subdivision 2; 383B.142; 462A.204, subdivisions 1, 3; Minnesota Statutes 2015
Supplement, sections 16A.967, subdivisions 2, 7; 41A.14; 41A.15, subdivisions
2, 10, by adding subdivisions; 41A.16, subdivision 1; 41A.17, subdivisions
1, 2; 41A.18, subdivision 1; 84.027, subdivision 13a; 84D.11, subdivision 1;
84D.13, subdivision 5; 116D.04, subdivision 2a; 116J.394; 176.135, subdivision
7a; 176.136, subdivision 1b; 268.07, subdivision 3b; 268.085, subdivision 2;
Laws 2001, chapter 130, section 3; Laws 2015, First Special Session chapter 1,
article 1, sections 2, subdivision 3; 3, subdivision 3; 8, subdivision 8; Laws
2015, First Special Session chapter 4, article 1, sections 2, subdivisions 2, 4;
5; article 3, section 3, subdivision 2; article 4, section 131; proposing coding
for new law in Minnesota Statutes, chapters 17; 84D; 86B; 116J; 216E; 237;
383B; repealing Minnesota Statutes 2014, sections 116P.13; 116U.26; 179A.50;
179A.51; 179A.52; 179A.53.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin APPROPRIATIONS.new text end
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The sums shown in the columns marked "Appropriations" are added to the
appropriations in Laws 2015, First Special Session chapter 4, or appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the
general fund, or another named fund, and are available for the fiscal year indicated for
each purpose. The figures "2016" and "2017" used in this act mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017,
respectively. "The first year" is fiscal year 2016. "The second year" is fiscal year 2017.
Appropriations for fiscal year 2016 are effective the day following final enactment.
new text end
new text begin
APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
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Ending June 30 new text end |
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2016 new text end |
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2017 new text end |
Sec. 2. new text begin DEPARTMENT OF AGRICULTURE
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new text begin Subdivision 1. new text end
new text begin
Total Appropriation
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new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
7,883,000 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
Animal Health
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new text begin
-0- new text end |
new text begin
2,083,000 new text end |
new text begin
$1,800,000 the second year is for a grant
to the Board of Regents of the University
of Minnesota to develop, in consultation
with the commissioner of agriculture and
the Board of Animal Health, a software
tool or application through the Veterinary
Diagnostic Laboratory that empowers
veterinarians and producers to understand
the movement of unique pathogen strains in
livestock and poultry production systems,
monitor antibiotic resistance, and implement
effective biosecurity measures that promote
animal health and limit production losses.
This is a onetime appropriation available
until June 30, 2019.
new text end
new text begin
$283,000 the second year is for a grant to
the Board of Regents of the University of
Minnesota to maintain and increase animal
disease testing capacity through the purchase
of Veterinary Diagnostic Laboratory
equipment. This is a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Farm Safety
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new text begin
-0- new text end |
new text begin
250,000 new text end |
new text begin
$250,000 the second year is for the tractor
rollover protection pilot program. This is a
onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Agriculture Laboratory and
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new text begin
-0- new text end |
new text begin
5,550,000 new text end |
new text begin
$2,218,000 the second year is for equipment
and instruments for the Department of
Agriculture laboratory. This is a onetime
appropriation available until June 30, 2022.
new text end
new text begin
$3,332,000 the second year is for transfer
to the agricultural emergency account in the
agricultural fund. This is a onetime transfer.
new text end
new text begin
An agricultural emergency account
is established in the agricultural fund. Money in the account, including interest, is
appropriated to the commissioner for emergency response and preparedness activities
for agricultural emergencies affecting producers of livestock, poultry, crops, or other
agricultural products. Eligible uses include, but are not limited to, purchasing necessary
equipment and reimbursing costs incurred by local units of government that are not
eligible for reimbursement from other sources.
new text end
new text begin
The commissioner may transfer money in the
account to the Board of Animal Health, other state agencies, or the University of
Minnesota for purposes of subdivision 1.
new text end
new text begin
No later than February 1 each year, the commissioner
must report activities and expenditures under this section to the legislative committees
and divisions with jurisdiction over agriculture finance.
new text end
Minnesota Statutes 2014, section 17.117, subdivision 4, is amended to read:
(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Agricultural and environmental revolving accounts" means accounts in the
agricultural fund, controlled by the commissioner, which hold funds available to the
program.
(c) "Agriculture supply business" means a person, partnership, joint venture,
corporation, limited liability company, association, firm, public service company,
or cooperative that provides materials, equipment, or services to farmers or
agriculture-related enterprises.
(d) "Allocation" means the funds awarded to an applicant for implementation of best
management practices through a competitive or noncompetitive application process.
(e) "Applicant" means a local unit of government eligible to participate in this
program that requests an allocation of funds as provided in subdivision 6b.
(f) "Best management practices" has the meaning given in sections 103F.711,
subdivision 3, and 103H.151, subdivision 2deleted text begin , ordeleted text end new text begin . Best management practices also meansnew text end
other practices, techniques, and measures that have been demonstrated to the satisfaction
of the commissionernew text begin : (1)new text end to prevent or reduce adverse environmental impacts by using
the most effective and practicable means of achieving environmental goalsnew text begin ; or (2) to
achieve drinking water quality standards under chapter 103H or under Code of Federal
Regulations, title 40, parts 141 and 143, as amendednew text end .
(g) "Borrower" means a farmer, an agriculture supply business, or a rural landowner
applying for a low-interest loan.
(h) "Commissioner" means the commissioner of agriculture, including when the
commissioner is acting in the capacity of chair of the Rural Finance Authority, or the
designee of the commissioner.
(i) "Committed project" means an eligible project scheduled to be implemented at
a future date:
(1) that has been approved and certified by the local government unit; and
(2) for which a local lender has obligated itself to offer a loan.
(j) "Comprehensive water management plan" means a state approved and locally
adopted plan authorized under section 103B.231, 103B.255, 103B.311, 103C.331,
103D.401, or 103D.405.
(k) "Cost incurred" means expenses for implementation of a project accrued because
the borrower has agreed to purchase equipment or is obligated to pay for services or
materials already provided as a result of implementing an approved eligible project.
(l) "Farmer" means a person, partnership, joint venture, corporation, limited liability
company, association, firm, public service company, or cooperative that regularly
participates in physical labor or operations management of farming and files a Schedule F
as part of filing United States Internal Revenue Service Form 1040 or indicates farming as
the primary business activity under Schedule C, K, or S, or any other applicable report to
the United States Internal Revenue Service.
(m) "Lender agreement" means an agreement entered into between the commissioner
and a local lender which contains terms and conditions of participation in the program.
(n) "Local government unit" means a county, soil and water conservation district,
or an organization formed for the joint exercise of powers under section 471.59 with
the authority to participate in the program.
(o) "Local lender" means a local government unit as defined in paragraph (n), a state
or federally chartered bank, a savings association, a state or federal credit union, Agribank
and its affiliated organizations, or a nonprofit economic development organization or other
financial lending institution approved by the commissioner.
(p) "Local revolving loan account" means the account held by a local government unit
and a local lender into which principal repayments from borrowers are deposited and new
loans are issued in accordance with the requirements of the program and lender agreements.
(q) "Nonpoint source" has the meaning given in section 103F.711, subdivision 6.
(r) "Program" means the agriculture best management practices loan program
in this section.
(s) "Project" means one or more components or activities located within Minnesota
that are required by the local government unit to be implemented for satisfactory
completion of an eligible best management practice.
(t) "Rural landowner" means the owner of record of Minnesota real estate located
in an area determined by the local government unit to be rural after consideration of
local land use patterns, zoning regulations, jurisdictional boundaries, local community
definitions, historical uses, and other pertinent local factors.
(u) "Water-quality cooperative" has the meaning given in section 115.58, paragraph
(d), except as expressly limited in this section.
Minnesota Statutes 2014, section 17.117, subdivision 11a, is amended to read:
new text begin (a) new text end All projects that remediate or mitigate adverse
environmental impacts are eligible ifdeleted text begin :
deleted text end
deleted text begin (1)deleted text end the project is eligible under deleted text begin thedeleted text end new text begin annew text end allocation agreement deleted text begin and funding sources
designated by the local government unit to finance the project; anddeleted text end new text begin .
new text end
deleted text begin (2)deleted text end new text begin (b) Anew text end manure management deleted text begin projects remediatedeleted text end new text begin project is eligible if the project
remediatesnew text end or deleted text begin mitigatedeleted text end new text begin mitigatesnew text end impacts from facilities with less than 1,000 animal units
as defined in Minnesota Rules, chapter 7020new text begin , and otherwise meets the requirements of
this sectionnew text end .
new text begin
(c) A drinking water project is eligible if the project:
new text end
new text begin
(1) remediates the adverse environmental impacts or presence of contaminants in
private well water;
new text end
new text begin
(2) implements best management practices to achieve drinking water standards; and
new text end
new text begin
(3) otherwise meets the requirements of this section.
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new text begin
(a) The commissioner must award cost-share
grants to Minnesota farmers who retrofit eligible tractors with eligible rollover protective
structures. Grants are limited to 70 percent of the farmer's documented cost to purchase,
ship, and install an eligible rollover protective structure. The commissioner must increase
the grant award amount over the 70 percent grant limitation requirement if necessary to
limit a farmer's cost per tractor to no more than $500.
new text end
new text begin
(b) A rollover protective structure is eligible if it meets or exceeds SAE International
standard J2194.
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(c) A tractor is eligible if the tractor was built before 1987.
new text end
new text begin
The commissioner may spend up to 20
percent of total program dollars each fiscal year to promote the program to Minnesota
farmers. The commissioner must minimize administrative costs by cooperating with the
New York Center for Agricultural Medicine and Health to administer the grant program.
new text end
new text begin
The commissioner must solicit
contributions from nonstate sources to supplement state appropriations for this program.
Funds received under this subdivision are appropriated to the commissioner for purposes
of this section.
new text end
new text begin
This section expires June 30, 2019.
new text end
Minnesota Statutes 2014, section 18B.26, subdivision 3, is amended to read:
(a) For an agricultural
pesticide, a registrant shall pay an annual registration application fee for each agricultural
pesticide of $350. The fee is due by December 31 preceding the year for which the
application for registration is made. The fee is nonrefundable.
(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual
registration application fee for each nonagricultural pesticide of $350. The fee is due by
December 31 preceding the year for which the application for registration is made. The fee
is nonrefundable. deleted text begin Thedeleted text end new text begin If the registrant's annual gross sales of the nonagricultural pesticide
exceeded $70,000 in the previous calendar year, thenew text end registrant deleted text begin of a nonagricultural pesticidedeleted text end
shall pay, in addition to the $350 minimum fee, a fee deleted text begin ofdeleted text end new text begin equal tonew text end 0.5 percent of new text begin that portion
of the new text end annual gross sales deleted text begin of thedeleted text end new text begin over $70,000. For purposes of this subdivision, gross sales
includes bothnew text end nonagricultural pesticide new text begin sold new text end in the state and deleted text begin the annual gross sales of thedeleted text end
nonagricultural pesticide sold into the state for use in this state. No new text begin additional new text end fee is
required if the fee due amount based on percent of annual gross sales of a nonagricultural
pesticide is less than $10. The registrant shall secure sufficient sales information of
nonagricultural pesticides distributed into this state from distributors and dealers,
regardless of distributor location, to make a determination. Sales of nonagricultural
pesticides in this state and sales of nonagricultural pesticides for use in this state by
out-of-state distributors are not exempt and must be included in the registrant's annual
report, as required under paragraph (g), and fees shall be paid by the registrant based upon
those reported sales. Sales of nonagricultural pesticides in the state for use outside of
the state are exempt from the gross sales fee in this paragraph if the registrant properly
documents the sale location and distributors. A registrant paying more than the minimum
fee shall pay the balance due by March 1 based on the gross sales of the nonagricultural
pesticide by the registrant for the preceding calendar year. A pesticide determined by the
commissioner to be a sanitizer or disinfectant is exempt from the gross sales fee.
(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed
pesticide dealer shall pay a gross sales fee of 0.55 percent of annual gross sales of the
agricultural pesticide in the state and the annual gross sales of the agricultural pesticide
sold into the state for use in this state.
(d) In those cases where a registrant first sells an agricultural pesticide in or into the
state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
license and is responsible for payment of the annual gross sales fee under paragraph (c),
record keeping under paragraph (i), and all other requirements of section 18B.316.
(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or 2013,
by the commissioner on the registration and sale of pesticides is less than $6,600,000, the
commissioner, after a public hearing, may increase proportionally the pesticide sales and
product registration fees under this chapter by the amount necessary to ensure this level
of revenue is achieved. The authority under this section expires on June 30, 2014. The
commissioner shall report any fee increases under this paragraph 60 days before the fee
change is effective to the senate and house of representatives agriculture budget divisions.
(f) An additional fee of 50 percent of the registration application fee must be paid by
the applicant for each pesticide to be registered if the application is a renewal application
that is submitted after December 31.
(g) A registrant must annually report to the commissioner the amount, type and
annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or
otherwise distributed in the state. The report shall be filed by March 1 for the previous
year's registration. The commissioner shall specify the form of the report or approve
the method for submittal of the report and may require additional information deemed
necessary to determine the amount and type of nonagricultural pesticide annually
distributed in the state. The information required shall include the brand name, United
States Environmental Protection Agency registration number, and amount of each
nonagricultural pesticide sold, offered for sale, or otherwise distributed in the state, but
the information collected, if made public, shall be reported in a manner which does not
identify a specific brand name in the report.
(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually
report to the commissioner the amount, type, and annual gross sales of each registered
agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the
state for use in the state. The report must be filed by January 31 for the previous year's
sales. The commissioner shall specify the form, contents, and approved electronic method
for submittal of the report and may require additional information deemed necessary to
determine the amount and type of agricultural pesticide annually distributed within the
state or into the state. The information required must include the brand name, United States
Environmental Protection Agency registration number, and amount of each agricultural
pesticide sold, offered for sale, or otherwise distributed in the state or into the state.
(i) A person who registers a pesticide with the commissioner under paragraph (b),
or a registrant under paragraph (d), shall keep accurate records for five years detailing
all distribution or sales transactions into the state or in the state and subject to a fee and
surcharge under this section.
(j) The records are subject to inspection, copying, and audit by the commissioner
and must clearly demonstrate proof of payment of all applicable fees and surcharges
for each registered pesticide product sold for use in this state. A person who is located
outside of this state must maintain and make available records required by this subdivision
in this state or pay all costs incurred by the commissioner in the inspecting, copying, or
auditing of the records.
(k) The commissioner may adopt by rule regulations that require persons subject
to audit under this section to provide information determined by the commissioner to be
necessary to enable the commissioner to perform the audit.
(l) A registrant who is required to pay more than the minimum fee for any pesticide
under paragraph (b) must pay a late fee penalty of $100 for each pesticide application fee
paid after March 1 in the year for which the license is to be issued.
Minnesota Statutes 2014, section 41A.12, subdivision 2, is amended to read:
For the purposes of this program, the commissioner
may issue grants, loans, or other forms of financial assistance. Eligible activities include,
but are not limited to, grants to livestock producers under the livestock investment grant
program under section 17.118, deleted text begin bioenergy awards made by the NextGen Energy Board
under section 41A.105,deleted text end cost-share grants for the installation of biofuel blender pumps, and
financial assistance to support other rural economic infrastructure activities.
Minnesota Statutes 2015 Supplement, section 41A.14, is amended to read:
The agriculture research, education, extension, and
technology transfer grant program is created. The purpose of the grant program is to
provide investments that will most efficiently achieve long-term agricultural productivity
increases through improved infrastructure, vision, and accountability. The scope and
intent of the grants, to the extent possible, shall provide for deleted text begin adeleted text end long-term base funding
that allows the deleted text begin researchdeleted text end grantee to continue the functions of the research, education, deleted text begin anddeleted text end
extensionnew text begin , and technology transfernew text end efforts to a practical conclusion. Priority for grants
shall be given to human infrastructure. The commissioner shall provide grants for:
(1) agricultural researchnew text begin , extension,new text end and technology transfer needs deleted text begin and recipients
including agricultural research and extensiondeleted text end at the University of Minnesotadeleted text begin , research and
outreach centers, the College of Food, Agricultural and Natural Resource Sciences, the
Minnesota Agricultural Experiment Station, University of Minnesota Extension Service,
the University of Minnesota Veterinary School, the Veterinary Diagnostic Laboratory,
the Stakman-Borlaug Center, and the Minnesota Agriculture Fertilizer Research and
Education Council;deleted text end new text begin for use by any of the following:
new text end
new text begin
(i) the College of Food, Agricultural and Natural Resource Sciences;
new text end
new text begin
(ii) the Minnesota Agricultural Experiment Station;
new text end
new text begin
(iii) the University of Minnesota Extension Service;
new text end
new text begin
(iv) the University of Minnesota Veterinary School;
new text end
new text begin
(v) the Veterinary Diagnostic Laboratory; or
new text end
new text begin
(vi) the Stakman-Borlaug Center;
new text end
(2) agriculture rapid response for plant and animal diseases and pests; and
(3) agricultural education including but not limited to the Minnesota Agriculture
Education Leadership Council, farm business management, mentoring programs, graduate
debt forgiveness, and high school programs.
new text begin (a) new text end In awarding grants under this section, the
commissioner new text begin and a representative of the College of Food, Agricultural and Natural
Resource Sciences at the University of Minnesota new text end must consult with an advisory panel
consisting of the following stakeholders:
deleted text begin
(1) a representative of the College of Food, Agricultural and Natural Resource
Sciences at the University of Minnesota;
deleted text end
deleted text begin (2)deleted text end new text begin (1)new text end a representative of the Minnesota State Colleges and Universities system;
deleted text begin (3)deleted text end new text begin (2)new text end a representative of the Minnesota Farm Bureau;
deleted text begin (4)deleted text end new text begin (3)new text end a representative of the Minnesota Farmers Union;
deleted text begin (5)deleted text end new text begin (4)new text end a person representing agriculture industry statewide;
deleted text begin (6)deleted text end new text begin (5)new text end a representative of each of the state commodity councils organized under
section 17.54 and the Minnesota Pork Board;
deleted text begin (7)deleted text end new text begin (6)new text end a person representing an association of primary manufacturers of forest
products;
deleted text begin (8)deleted text end new text begin (7)new text end a person representing organic or sustainable agriculture; and
deleted text begin (9)deleted text end new text begin (8)new text end a person representing statewide environment and natural resource
conservation organizations.
new text begin
(b) Members under paragraph (a), clauses (1) to (3) and (5), shall be chosen by their
respective organizations.
new text end
An agriculture research, education, extension, and technology
transfer account is created in the agricultural fund in the state treasury. The account
consists of money received in the form of gifts, grants, reimbursement, or appropriations
from any source for any of the purposes provided in subdivision 1, and any interest or
earnings of the account. Money in the account is appropriated to the commissioner of
agriculture for the purposes under subdivision 1.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2015 Supplement, section 41A.15, subdivision 2, is
amended to read:
"Advanced biofuel" deleted text begin has the meaning givendeleted text end new text begin means
advanced biofuel as definednew text end in section 239.051, subdivision 1anew text begin , and biobutanolnew text end .
Minnesota Statutes 2015 Supplement, section 41A.15, is amended by adding a
subdivision to read:
new text begin
"Biobased content" means a chemical, polymer,
monomer, or plastic that is not sold primarily for use as food, feed, or fuel and that has a
biobased percentage of at least 51 percent as determined by testing representative samples
using American Society for Testing and Materials specification D6866.
new text end
Minnesota Statutes 2015 Supplement, section 41A.15, is amended by adding a
subdivision to read:
new text begin
"Biobased formulated product" means
a product that is not sold primarily for use as food, feed, or fuel and that has a biobased
content percentage of at least ten percent as determined by testing representative samples
using American Society for Testing and Materials specification D6866, or that contains
a biobased chemical constituent that displaces a known hazardous or toxic constituent
previously used in the product formulation.
new text end
Minnesota Statutes 2015 Supplement, section 41A.15, is amended by adding a
subdivision to read:
new text begin
"Biobutanol" means fermentation isobutyl alcohol that is
derived from agricultural products, including potatoes, cereal grains, cheese whey, and
sugar beets; forest products; or other renewable resources, including residue and waste
generated from the production, processing, and marketing of agricultural products, forest
products, and other renewable resources.
new text end
Minnesota Statutes 2015 Supplement, section 41A.15, is amended by adding a
subdivision to read:
new text begin
"Biobutanol facility" means a facility at which
biobutanol is produced.
new text end
Minnesota Statutes 2015 Supplement, section 41A.15, is amended by adding a
subdivision to read:
new text begin
"Quarterly" means any of the following three-month intervals
in a calendar year: January through March, April through June, July through September,
or October through December.
new text end
Minnesota Statutes 2015 Supplement, section 41A.15, subdivision 10, is
amended to read:
"Renewable chemical" means a chemical with
biobased content deleted text begin as defined in section 41A.105, subdivision 1adeleted text end .
Minnesota Statutes 2015 Supplement, section 41A.16, subdivision 1, is
amended to read:
(a) A facility eligible for payment under this section must
source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or
less from the state border, raw materials may be sourced from within a 100-mile radius.
Raw materials must be from agricultural or forestry sources or from solid waste. The
facility must be located in Minnesota, must begin production at a specific location by June
30, 2025, and must not begin operating above deleted text begin 95,000deleted text end new text begin 23,750new text end MMbtu of deleted text begin annualdeleted text end new text begin quarterly
new text end biofuel production before July 1, 2015. Eligible facilities include existing companies and
facilities that are adding advanced biofuel production capacity, or retrofitting existing
capacity, as well as new companies and facilities. Production of conventional corn ethanol
and conventional biodiesel is not eligible. Eligible advanced biofuel facilities must
produce at least deleted text begin 95,000deleted text end new text begin 23,750new text end MMbtu deleted text begin a yeardeleted text end new text begin of biofuel quarterlynew text end .
(b) No payments shall be made for advanced biofuel production that occurs after
June 30, 2035, for those eligible biofuel producers under paragraph (a).
(c) An eligible producer of advanced biofuel shall not transfer the producer's
eligibility for payments under this section to an advanced biofuel facility at a different
location.
(d) A producer that ceases production for any reason is ineligible to receive
payments under this section until the producer resumes production.
(e) Renewable chemical production for which payment has been received under
section 41A.17, and biomass thermal production for which payment has been received
under section 41A.18, are not eligible for payment under this section.
Minnesota Statutes 2015 Supplement, section 41A.17, subdivision 1, is
amended to read:
(a) A facility eligible for payment under this program
must source at least 80 percent biobased contentdeleted text begin , as defined in section 41A.105,
subdivision 1a, clause (1),deleted text end from Minnesota. If a facility is sited 50 miles or less from the
state border, biobased content must be sourced from within a 100-mile radius. Biobased
content must be from agricultural or forestry sources or from solid waste. The facility must
be located in Minnesota, must begin production at a specific location by June 30, 2025, and
must not begin production of deleted text begin 3,000,000deleted text end new text begin 750,000new text end pounds of chemicals deleted text begin annuallydeleted text end new text begin quarterlynew text end
before January 1, 2015. Eligible facilities include existing companies and facilities that are
adding production capacity, or retrofitting existing capacity, as well as new companies and
facilities. Eligible renewable chemical facilities must produce at least deleted text begin 3,000,000deleted text end new text begin 750,000new text end
pounds deleted text begin per yeardeleted text end new text begin of renewable chemicals quarterlynew text end . Renewable chemicals produced
through processes that are fully commercial before January 1, 2000, are not eligible.
(b) No payments shall be made for renewable chemical production that occurs after
June 30, 2035, for those eligible renewable chemical producers under paragraph (a).
(c) An eligible producer of renewable chemicals shall not transfer the producer's
eligibility for payments under this section to a renewable chemical facility at a different
location.
(d) A producer that ceases production for any reason is ineligible to receive
payments under this section until the producer resumes production.
(e) Advanced biofuel production for which payment has been received under section
41A.16, and biomass thermal production for which payment has been received under
section 41A.18, are not eligible for payment under this section.
Minnesota Statutes 2015 Supplement, section 41A.17, subdivision 2, is
amended to read:
(a) The commissioner shall make
payments to eligible producers of renewable chemicals located in the state. The amount of
the payment for each producer's annual production is $0.03 per pound of sugar-derived
renewable chemical, $0.03 per pound of cellulosic sugar, and $0.06 per pound of
cellulosic-derived renewable chemical produced at a specific location for ten years after
the start of production.
(b) An eligible facility producing renewable chemicals using agricultural cellulosic
biomass is eligible for a 20 percent bonus payment for each deleted text begin MMbtudeleted text end new text begin poundnew text end produced from
agricultural biomass that is derived from perennial crop or cover crop biomass.
(c) Total payments under this section to an eligible renewable chemical producer in
a fiscal year may not exceed the amount necessary for 99,999,999 pounds of renewable
chemical production. Total payments under this section to all eligible renewable chemical
producers in a fiscal year may not exceed the amount necessary for 599,999,999 pounds of
renewable chemical production. The commissioner shall award payments on a first-come,
first-served basis within the limits of available funding.
(d) For purposes of this section, an entity that holds a controlling interest in more
than one renewable chemical production facility is considered a single eligible producer.
Minnesota Statutes 2015 Supplement, section 41A.18, subdivision 1, is
amended to read:
(a) A facility eligible for payment under this section must
source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or
less from the state border, raw materials should be sourced from within a 100-mile radius.
Raw materials must be from agricultural or forestry sources. The facility must be located
in Minnesota, must have begun production at a specific location by June 30, 2025, and
must not begin before July 1, 2015. Eligible facilities include existing companies and
facilities that are adding production capacity, or retrofitting existing capacity, as well as
new companies and facilities. Eligible biomass thermal production facilities must produce
at least deleted text begin 1,000deleted text end new text begin 250new text end MMbtu deleted text begin per yeardeleted text end new text begin of biomass thermal quarterlynew text end .
(b) No payments shall be made for biomass thermal production that occurs after June
30, 2035, for those eligible biomass thermal producers under paragraph (a).
(c) An eligible producer of biomass thermal production shall not transfer the
producer's eligibility for payments under this section to a biomass thermal production
facility at a different location.
(d) A producer that ceases production for any reason is ineligible to receive
payments under this section until the producer resumes production.
(e) Biofuel production for which payment has been received under section 41A.16,
and renewable chemical production for which payment has been received under section
41A.17, are not eligible for payment under this section.
Minnesota Statutes 2015 Supplement, section 116D.04, subdivision 2a,
is amended to read:
Where there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant
environmental impacts, discusses appropriate alternatives to the proposed action and
their impacts, and explores methods by which adverse environmental impacts of an
action could be mitigated. The environmental impact statement shall also analyze those
economic, employment, and sociological effects that cannot be avoided should the action
be implemented. To ensure its use in the decision-making process, the environmental
impact statement shall be prepared as early as practical in the formulation of an action.
(a) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet shall not be required for the
expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
biobutanol facility as defined in section deleted text begin 41A.105deleted text end new text begin 41A.15new text end , subdivision deleted text begin 1adeleted text end new text begin 2dnew text end , based on
the capacity of the expanded or converted facility to produce alcohol fuel, but must be
required if the ethanol plant or biobutanol facility meets or exceeds thresholds of other
categories of actions for which environmental assessment worksheets must be prepared.
The responsible governmental unit for an ethanol plant or biobutanol facility project for
which an environmental assessment worksheet is prepared shall be the state agency with
the greatest responsibility for supervising or approving the project as a whole.
A mandatory environmental impact statement shall not be required for a facility
or plant located outside the seven-county metropolitan area that produces less than
125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined
in section deleted text begin 41A.105deleted text end new text begin 41A.15new text end , subdivision deleted text begin 1a, clause (1)deleted text end new text begin 2dnew text end ; or a cellulosic biofuel facility.
A facility or plant that only uses a cellulosic feedstock to produce chemical products for
use by another facility as a feedstock shall not be considered a fuel conversion facility as
used in rules adopted under this chapter.
(b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet by publishing the notice in at least
one newspaper of general circulation in the geographic area where the project is proposed,
by posting the notice on a Web site that has been designated as the official publication site
for publication of proceedings, public notices, and summaries of a political subdivision in
which the project is proposed, or in any other manner determined by the board and shall
provide copies of the environmental assessment worksheet to the board and its member
agencies. Comments on the need for an environmental impact statement may be submitted
to the responsible governmental unit during a 30-day period following publication of the
notice that an environmental assessment worksheet has been completed. The responsible
governmental unit's decision on the need for an environmental impact statement shall be
based on the environmental assessment worksheet and the comments received during the
comment period, and shall be made within 15 days after the close of the comment period.
The board's chair may extend the 15-day period by not more than 15 additional days upon
the request of the responsible governmental unit.
(c) An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 100
individuals who reside or own property in the state, submitted before the proposed
project has received final approval by the appropriate governmental units, demonstrates
that, because of the nature or location of a proposed action, there may be potential for
significant environmental effects. Petitions requesting the preparation of an environmental
assessment worksheet shall be submitted to the board. The chair of the board shall
determine the appropriate responsible governmental unit and forward the petition to it.
A decision on the need for an environmental assessment worksheet shall be made by
the responsible governmental unit within 15 days after the petition is received by the
responsible governmental unit. The board's chair may extend the 15-day period by not
more than 15 additional days upon request of the responsible governmental unit.
(d) Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:
(1) the proposed action is:
(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
(ii) an expansion of an existing animal feedlot facility with a total cumulative
capacity of less than 1,000 animal units;
(2) the application for the animal feedlot facility includes a written commitment by
the proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and
(3) the county board holds a public meeting for citizen input at least ten business
days prior to the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in
addition to other exemptions provided under other law and rules of the board.
(e) The board may, prior to final approval of a proposed project, require preparation
of an environmental assessment worksheet by a responsible governmental unit selected
by the board for any action where environmental review under this section has not been
specifically provided for by rule or otherwise initiated.
(f) An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts, which, because of the nature or location
of the project, have the potential for significant environmental effects. The same process
shall be utilized to determine the form, content and level of detail of the statement as well
as the alternatives which are appropriate for consideration in the statement. In addition,
the permits which will be required for the proposed action shall be identified during the
scoping process. Further, the process shall identify those permits for which information
will be developed concurrently with the environmental impact statement. The board
shall provide in its rules for the expeditious completion of the scoping process. The
determinations reached in the process shall be incorporated into the order requiring the
preparation of an environmental impact statement.
(g) The responsible governmental unit shall, to the extent practicable, avoid
duplication and ensure coordination between state and federal environmental review
and between environmental review and environmental permitting. Whenever practical,
information needed by a governmental unit for making final decisions on permits
or other actions required for a proposed project shall be developed in conjunction
with the preparation of an environmental impact statement. When an environmental
impact statement is prepared for a project requiring multiple permits for which two or
more agencies' decision processes include either mandatory or discretionary hearings
before a hearing officer prior to the agencies' decision on the permit, the agencies
may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
consolidated hearing process if requested by the proposer. All agencies having jurisdiction
over a permit that is included in the consolidated hearing shall participate. The responsible
governmental unit shall establish appropriate procedures for the consolidated hearing
process, including procedures to ensure that the consolidated hearing process is consistent
with the applicable requirements for each permit regarding the rights and duties of parties to
the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
(h) An environmental impact statement shall be prepared and its adequacy
determined within 280 days after notice of its preparation unless the time is extended by
consent of the parties or by the governor for good cause. The responsible governmental
unit shall determine the adequacy of an environmental impact statement, unless within 60
days after notice is published that an environmental impact statement will be prepared,
the board chooses to determine the adequacy of an environmental impact statement. If an
environmental impact statement is found to be inadequate, the responsible governmental
unit shall have 60 days to prepare an adequate environmental impact statement.
(i) The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit shall identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit shall require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.
Laws 2015, First Special Session chapter 4, article 1, section 2, subdivision 2,
is amended to read:
Subd. 2.Protection Services
|
16,452,000 |
16,402,000 |
Appropriations by Fund |
||
2016 |
2017 |
|
General |
15,874,000 |
15,824,000 |
Agricultural |
190,000 |
190,000 |
Remediation |
388,000 |
388,000 |
$25,000 the first year and $25,000 the second
year are to develop and maintain cottage
food license exemption outreach and training
materials.
$75,000 the first year is for the commissioner,
in consultation with the Northeast Regional
Corrections Center and the United Food
and Commercial Workers, to study and
provide recommendations for upgrading the
existing processing facility on the campus of
the Northeast Regional Corrections Center
into a USDA-certified food processing
facility. The commissioner shall report these
recommendations to the chairs of the house
of representatives and senate committees
with jurisdiction over agriculture finance by
March 15, 2016.
$75,000 the second year is deleted text begin for a coordinator
fordeleted text end new text begin to coordinatenew text end the correctional facility
vocational training pilot programnew text begin and to assist
entities that have explored the feasibility of
establishing a USDA-certified or state "equal
to" food processing facility within 30 miles of
the Northeast Regional Corrections Centernew text end .
$388,000 the first year and $388,000 the
second year are from the remediation fund
for administrative funding for the voluntary
cleanup program.
$225,000 the first year and $175,000
the second year are for compensation
for destroyed or crippled animals under
Minnesota Statutes, section 3.737. This
appropriation may be spent to compensate
for animals that were destroyed or crippled
during fiscal years 2014 and 2015. If the
amount in the first year is insufficient, the
amount in the second year is available in the
first year.
$125,000 the first year and $125,000 the
second year are for compensation for crop
damage under Minnesota Statutes, section
3.7371. If the amount in the first year is
insufficient, the amount in the second year is
available in the first year.
If the commissioner determines that claims
made under Minnesota Statutes, section
3.737 or 3.7371, are unusually high, amounts
appropriated for either program may be
transferred to the appropriation for the other
program.
$70,000 the first year and $70,000 the second
year are for additional cannery inspections.
$100,000 the first year and $100,000 the
second year are for increased oversight of
delegated local health boards.
$100,000 the first year and $100,000 the
second year are to decrease the turnaround
time for retail food handler plan reviews.
$1,024,000 the first year and $1,024,000 the
second year are to streamline the retail food
safety regulatory and licensing experience
for regulated businesses and to decrease the
inspection delinquency rate.
$1,350,000 the first year and $1,350,000 the
second year are for additional inspections of
food manufacturers and wholesalers.
$150,000 the first year and $150,000 the
second year are for additional funding for
dairy inspection services.
$150,000 the first year and $150,000 the
second year are for additional funding for
laboratory services operations.
$250,000 the first year and $250,000
the second year are for additional meat
inspection services, including inspections
provided under the correctional facility
vocational training pilot program.
Notwithstanding Minnesota Statutes, section
18B.05, $90,000 the first year and $90,000
the second year are from the pesticide
regulatory account in the agricultural fund
for an increase in the operating budget for
the Laboratory Services Division.
$100,000 the first year and $100,000 the
second year are from the pesticide regulatory
account in the agricultural fund to update
and modify applicator education and training
materials.
Laws 2015, First Special Session chapter 4, article 1, section 2, subdivision 4,
is amended to read:
Subd. 4.Agriculture, Bioenergy, and
|
14,993,000 |
19,010,000 |
$4,483,000 the first year and $8,500,000 the
second year are for transfer to the agriculture
research, education, extension, and
technology transfer account under Minnesota
Statutes, section 41A.14, subdivision 3.
The transfer in this paragraph includes
money for plant breeders at the University
of Minnesota for wild rice, potatoes, and
grapes. Of these amounts, at least $600,000
each year is for deleted text begin agriculture rapid responsedeleted text end
new text begin the Minnesota Agricultural Experiment
Station's Agriculture Rapid Response Fund
new text end under Minnesota Statutes, section 41A.14,
subdivision 1, clause (2). Of the amount
appropriated in this paragraph, $1,000,000
each year is for transfer to the Board of
Regents of the University of Minnesota for
research to determine (1) what is causing
avian influenza, (2) why some fowl are more
susceptible, and (3) prevention measures that
can be taken. Of the amount appropriated
in this paragraph, $2,000,000 each year
is for grants to the Minnesota Agriculture
Education Leadership Council to enhance
agricultural education with priority given
to Farm Business Management challenge
grants.new text begin The commissioner shall transfer the
remaining grant funds in this appropriation
each year to the Board of Regents of the
University of Minnesota for purposes of
Minnesota Statutes, section 41A.14.
new text end
To the extent practicable, funds expended
under Minnesota Statutes, section 41A.14,
subdivision 1, clauses (1) and (2), must
supplement and not supplant existing sources
and levels of funding. The commissioner may
use up to 4.5 percent of this appropriation
for costs incurred to administer the program.
new text begin Any unencumbered balance does not cancel
at the end of the first year and is available for
the second year.
new text end
$10,235,000 the first year and $10,235,000
the second year are for the agricultural
growth, research, and innovation program
in Minnesota Statutes, section 41A.12. No
later than February 1, 2016, and February
1, 2017, the commissioner must report to
the legislative committees with jurisdiction
over agriculture policy and finance regarding
the commissioner's accomplishments
and anticipated accomplishments in
the following areas: facilitating the
start-up, modernization, or expansion of
livestock operations including beginning
and transitioning livestock operations;
developing new markets for Minnesota
farmers by providing more fruits, vegetables,
meat, grain, and dairy for Minnesota school
children; assisting value-added agricultural
businesses to begin or expand, access new
markets, or diversify products; developing
urban agriculture; facilitating the start-up,
modernization, or expansion of other
beginning and transitioning farms including
loans under Minnesota Statutes, section
41B.056; sustainable agriculture on farm
research and demonstration; development or
expansion of food hubs and other alternative
community-based food distribution systems;
and research on bioenergy, biobased content,
or biobased formulated products and other
renewable energy development. The
commissioner may use up to 4.5 percent
of this appropriation for costs incurred to
administer the program. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered
under contract on or before June 30, 2017, for
agricultural growth, research, and innovation
grants are available until June 30, deleted text begin 2019deleted text end new text begin 2021new text end .
The commissioner may use funds
appropriated for the agricultural growth,
research, and innovation program as provided
in this paragraph. The commissioner may
award grants to owners of Minnesota
facilities producing bioenergy, biobased
content, or a biobased formulated product;
to organizations that provide for on-station,
on-farm field scale research and outreach to
develop and test the agronomic and economic
requirements of diverse strands of prairie
plants and other perennials for bioenergy
systems; or to certain nongovernmental
entities. For the purposes of this paragraph,
"bioenergy" includes transportation fuels
derived from cellulosic material, as well as
the generation of energy for commercial heat,
industrial process heat, or electrical power
from cellulosic materials via gasification or
other processes. Grants are limited to 50
percent of the cost of research, technical
assistance, or equipment related to bioenergy,
biobased content, or biobased formulated
product production or $500,000, whichever
is less. Grants to nongovernmental entities
for the development of business plans and
structures related to community ownership
of eligible bioenergy facilities together may
not exceed $150,000. The commissioner
shall make a good-faith effort to select
projects that have merit and, when taken
together, represent a variety of bioenergy
technologies, biomass feedstocks, and
geographic regions of the state. Projects
must have a qualified engineer provide
certification on the technology and fuel
source. Grantees must provide reports at the
request of the commissioner.
Of the amount appropriated for the
agricultural growth, research, and innovation
program in this subdivision, $1,000,000 the
first year and $1,000,000 the second year
are for distribution in equal amounts to each
of the state's county fairs to preserve and
promote Minnesota agriculture.
Of the amount appropriated for the
agricultural growth, research, and innovation
program in this subdivision, $500,000 in
fiscal year 2016 and $1,500,000 in fiscal
year 2017 are for incentive payments
under Minnesota Statutes, sections 41A.16,
41A.17, and 41A.18. If the appropriation
exceeds the total amount for which all
producers are eligible in a fiscal year, the
balance of the appropriation is available
to the commissioner for the agricultural
growth, research, and innovation program.
Notwithstanding Minnesota Statutes,
section 16A.28, the first year appropriation
is available until June 30, 2017, and the
second year appropriation is available until
June 30, 2018. The commissioner may use
up to 4.5 percent of the appropriation for
administration of the incentive payment
programs.
Of the amount appropriated for the
agricultural growth, research, and innovation
program in this subdivision, $250,000
the first year is for grants to communities
to develop or expand food hubs and
other alternative community-based food
distribution systems. Of this amount,
$50,000 is for the commissioner to consult
with existing food hubs, alternative
community-based food distribution systems,
and University of Minnesota Extension
to identify best practices for use by other
Minnesota communities. No later than
December 15, 2015, the commissioner must
report to the legislative committees with
jurisdiction over agriculture and health
regarding the status of emerging alternative
community-based food distribution systems
in the state along with recommendations
to eliminate any barriers to success. new text begin Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year. new text end This is a onetime appropriation.
$250,000 the first year and $250,000 the
second year are for grants that enable
retail petroleum dispensers to dispense
biofuels to the public in accordance with the
biofuel replacement goals established under
Minnesota Statutes, section 239.7911. A
retail petroleum dispenser selling petroleum
for use in spark ignition engines for vehicle
model years after 2000 is eligible for grant
money under this paragraph if the retail
petroleum dispenser has no more than 15
retail petroleum dispensing sites and each
site is located in Minnesota. The grant
money received under this paragraph must
be used for the installation of appropriate
technology that uses fuel dispensing
equipment appropriate for at least one fuel
dispensing site to dispense gasoline that is
blended with 15 percent of agriculturally
derived, denatured ethanol, by volume, and
appropriate technical assistance related to
the installation. A grant award must not
exceed 85 percent of the cost of the technical
assistance and appropriate technology,
including remetering of and retrofits for
retail petroleum dispensers and replacement
of petroleum dispenser projects. The
commissioner may use up to $35,000 of this
appropriation for administrative expenses.
The commissioner shall cooperate with
biofuel stakeholders in the implementation
of the grant program. The commissioner
must report to the legislative committees
with jurisdiction over agriculture policy and
finance by February 1 each year, detailing
the number of grants awarded under this
paragraph and the projected effect of the grant
program on meeting the biofuel replacement
goals under Minnesota Statutes, section
239.7911. These are onetime appropriations.
$25,000 the first year and $25,000 the second
year are for grants to the Southern Minnesota
Initiative Foundation to promote local foods
through an annual event that raises public
awareness of local foods and connects local
food producers and processors with potential
buyers.
new text begin
This section is effective the day following final enactment.
new text end
Laws 2015, First Special Session chapter 4, article 1, section 5, is amended to
read:
(a) deleted text begin $3,619,000deleted text end new text begin $519,000new text end is appropriated from the general fund in fiscal year 2016 to
the commissioner of agriculture for avian influenza emergency response activities. The
commissioner may use money appropriated under this paragraph to purchase necessary
euthanasia and composting equipment and to reimburse costs incurred by local units of
government directly related to avian influenza emergency response activities that are not
eligible for federal reimbursement. This appropriation is available the day following final
enactment until June 30, 2017.
(b) $1,853,000 is appropriated from the general fund in fiscal year 2016 to the
Board of Animal Health for deleted text begin avian influenza emergency response activities. The Board
may use money appropriated under this paragraph to purchase necessary euthanasia and
composting equipment.deleted text end new text begin any animal disease emergency response or planning activity,
including but not limited to:
new text end
new text begin
(1) the retention of staff trained in disease response;
new text end
new text begin
(2) costs associated with the relocation and expansion of the Minnesota Poultry
Testing Laboratory;
new text end
new text begin
(3) the identification of risk factors for disease transmission; and
new text end
new text begin
(4) the implementation of strategies to prevent or reduce the risk of disease
introduction and transmission.
new text end
This appropriation is available the day following final enactment until June 30, deleted text begin 2017deleted text end new text begin 2019new text end .
(c) $103,000 is appropriated from the general fund in fiscal year 2016 to the
commissioner of health for avian influenza emergency response activities. This
appropriation is available the day following final enactment until June 30, 2017.
(d) $350,000 is appropriated from the general fund in fiscal year 2016 to the
commissioner of natural resources for sampling wild animals to detect and monitor the
avian influenza virus. This appropriation may also be used to conduct serology sampling,
in consultation with the Board of Animal Health and the University of Minnesota Pomeroy
Chair in Avian Health, from birds within a control zone and outside of a control zone.
This appropriation is available the day following final enactment until June 30, 2017.
(e) $544,000 is appropriated from the general fund in fiscal year 2016 to the
commissioner of public safety to operate the State Emergency Operation Center in
coordination with the statewide avian influenza response activities. Appropriations
under this paragraph may also be used to support a staff person at the state's agricultural
incident command post in Willmar. This appropriation is available the day following final
enactment until June 30, 2017.
(f) The commissioner of management and budget may transfer unexpended balances
from the appropriations in this section to any state agency for operating expenses related
to avian influenza emergency response activities. The commissioner of management and
budget must report each transfer to the chairs and ranking minority members of the senate
Committee on Finance and the house of representatives Committee on Ways and Means.
(g) In addition to the transfers required under Laws 2015, chapter 65, article 1,
section 17, no later than September 30, 2015, the commissioner of management and
budget must transfer $4,400,000 from the fiscal year 2015 closing balance in the general
fund to the disaster assistance contingency account in Minnesota Statutes, section 12.221,
subdivision 6. This amount is available for deleted text begin avian influenza emergency responsedeleted text end new text begin eligible
new text end activities as provided in Laws 2015, chapter 65, article 1, section 18new text begin , as amendednew text end .
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Of the amount appropriated from the general fund to the commissioner of agriculture
for transfer to the rural finance authority revolving loan account in Laws 2015, First Special
Session chapter 4, article 2, section 6, the commissioner of management and budget must
transfer $6,713,000 back to the general fund in fiscal year 2016. This is a onetime transfer.
new text end
Section 1. new text begin APPROPRIATIONS.new text end
|
new text begin
The sums shown in the columns marked "Appropriations" are added to the
appropriations in Laws 2015, First Special Session chapter 4, or 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 year indicated for
each purpose. The figures "2016" and "2017" used in this article mean that the addition
to the appropriations listed under them are available for the fiscal year ending June 30,
2016, or June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second
year" is fiscal year 2017. Appropriations for fiscal year 2016 are effective the day
following final enactment.
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
2016 new text end |
new text begin
2017 new text end |
Sec. 2. new text begin NATURAL RESOURCES
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
2,462,000 new text end |
new text begin
$ new text end |
new text begin
6,183,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2016 new text end |
new text begin
2017 new text end |
|
new text begin
General new text end |
new text begin
1,742,000 new text end |
new text begin
2,158,000 new text end |
new text begin
Natural Resources new text end |
new text begin
50,000 new text end |
new text begin
4,025,000 new text end |
new text begin
Game and Fish new text end |
new text begin
670,000 new text end |
new text begin
-0- 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
Ecological and Water Resources
|
new text begin
-0- new text end |
new text begin
225,000 new text end |
new text begin
$225,000 the second year is from the water
management account in the natural resources
fund for water appropriation monitoring,
modeling, and reporting for the Cold Spring
Creek area as required under this act. This
is a onetime appropriation and is available
until June 30, 2022.
new text end
new text begin Subd. 3. new text end
new text begin
Forest Management
|
new text begin
-0- new text end |
new text begin
-0- new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2016 new text end |
new text begin
2017 new text end |
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
(1,500,000) new text end |
new text begin
Natural Resources new text end |
new text begin
-0- new text end |
new text begin
1,500,000 new text end |
new text begin
$1,500,000 the second year is a reduction
from the general fund. This is a onetime
reduction.
new text end
new text begin
$1,500,000 the second year is from the
forest management investment account in the
natural resources fund. Of this amount, up to
$3,000 is for purposes of the report required
on public engagement regarding Sand Dunes
State Forest required under this act. This is a
onetime appropriation.
new text end
new text begin
Of the amount appropriated in Laws 2015,
First Special Session chapter 4, article 3,
section 3, subdivision 4, from the general
fund in fiscal year 2016, up to $3,000 may
be used for the report on prescribed burning
required under this act.
new text end
new text begin Subd. 4. new text end
new text begin
Parks and Trails Management
|
new text begin
50,000 new text end |
new text begin
2,300,000 new text end |
new text begin
$2,300,000 the second year is from the state
parks account in the natural resources fund.
This is a onetime appropriation.
new text end
new text begin
$50,000 the first year is from the water
recreation account in the natural resources
fund for implementation of Minnesota
Statutes, section 86B.532, established in this
act. This is a onetime appropriation.
new text end
new text begin Subd. 5. new text end
new text begin
Enforcement
|
new text begin
670,000 new text end |
new text begin
-0- new text end |
new text begin
$670,000 the first year is from the game and
fish fund for aviation services. This is a
onetime appropriation.
new text end
new text begin Subd. 6. new text end
new text begin
Operations Support
|
new text begin
1,742,000 new text end |
new text begin
3,658,000 new text end |
new text begin
$1,742,000 the first year and $3,658,000
the second year are for legal costs related
to the NorthMet mining project. Of this
amount, up to $143,000 the first year and
up to $1,289,000 the second year may be
transferred to other agencies for legal costs
associated with the NorthMet mining project.
This is a onetime appropriation and is
available until June 30, 2019.
new text end
Sec. 3. new text begin LEGISLATURE
|
new text begin
$ new text end |
new text begin
25,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$25,000 the first year is from the Minnesota
future resources fund to the Legislative
Coordinating Commission for the Aggregate
Resources Task Force established in this
act. This is a onetime appropriation and is
available until June 30, 2018.
new text end
Sec. 4. new text begin ADMINISTRATION
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$250,000 the first year is from the state forest
suspense account in the permanent school
fund for the school trust lands director to
initiate real estate development projects
on school trust lands as determined by the
school trust lands director. This is a onetime
appropriation.
new text end
Laws 2015, First Special Session chapter 4, article 3, section 3, subdivision 2,
is amended to read:
Subd. 2.Land and Mineral Resources
|
6,461,000 |
5,521,000 |
Appropriations by Fund |
||
2016 |
2017 |
|
General |
1,585,000 |
1,585,000 |
Natural Resources |
3,332,000 |
3,392,000 |
Game and Fish |
344,000 |
344,000 |
Remediation |
1,000,000 |
-0- |
Permanent School |
200,000 |
200,000 |
$68,000 the first year and $68,000 the
second year are for minerals cooperative
environmental researchdeleted text begin , of which $34,000
the first year and $34,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kinddeleted text end .
$251,000 the first year and $251,000 the
second year are for iron ore cooperative
research. Of this amount, $200,000 each year
is from the minerals management account
in the natural resources fund. deleted text begin $175,000 the
first year and $175,000 the second year are
deleted text end deleted text begin available only as matched by $1 of nonstate
money for each $1 of state money. The match
may be cash or in-kind.deleted text end Any unencumbered
balance from the first year does not cancel
and is available in the second year.
$2,755,000 the first year and $2,815,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota
Statutes, section 93.2236, paragraph (c),
for mineral resource management, projects
to enhance future mineral income, and
projects to promote new mineral resource
opportunities.
$200,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to
accelerate land exchanges, land sales, and
commercial leasing of school trust lands and
to identify, evaluate, and lease construction
aggregate located on school trust lands. This
appropriation is to be used for securing
long-term economic return from the
school trust lands consistent with fiduciary
responsibilities and sound natural resources
conservation and management principles.
Notwithstanding Minnesota Statutes, section
115B.20, $1,000,000 the first year is from
the dedicated account within the remediation
fund for the purposes of Minnesota Statutes,
section 115B.20, subdivision 2, clause (4),
to acquire salt lands as described under
Minnesota Statutes, section 92.05, within
Bear Head Lake State Park. This is a onetime
appropriation and is available until June 30,
2018.
Minnesota Statutes 2014, section 3.736, subdivision 4, is amended to read:
The total liability of the state and its employees acting within the
scope of their employment on any tort claim shall not exceed:
(a) $300,000 when the claim is one for death by wrongful act or omission and
$300,000 to any claimant in any other case, for claims arising before August 1, 2007;
(b) $400,000 when the claim is one for death by wrongful act or omission and
$400,000 to any claimant in any other case, for claims arising on or after August 1, 2007,
and before July 1, 2009;
(c) $500,000 when the claim is one for death by wrongful act or omission and
$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
(d) $750,000 for any number of claims arising out of a single occurrence, for claims
arising on or after January 1, 1998, and before January 1, 2000;
(e) $1,000,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2000, and before January 1, 2008;
(f) $1,200,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2008, and before July 1, 2009;
(g) $1,500,000 for any number of claims arising out of a single occurrence, for
claims arising on or after July 1, 2009; or
(h) deleted text begin $1,000,000deleted text end new text begin $500,000new text end for any number of claims arising out of a single occurrence,
if the claim involves a nonprofit organization engaged in or administering outdoor
recreational activities funded in whole or in part by the state or operating under the
authorization of a permit issued by an agency or department of the state.
If the amount awarded to or settled upon multiple claimants exceeds the applicable
limit under clause (d), (e), (f), (g), or (h), any party may apply to the district court to
apportion to each claimant a proper share of the amount available under the applicable
limit under clause (d), (e), (f), or (g). The share apportioned to each claimant shall be in
the proportion that the ratio of the award or settlement bears to the aggregate awards and
settlements for all claims arising out of the occurrence.
The limitation imposed by this subdivision on individual claimants includes damages
claimed for loss of services or loss of support arising out of the same tort.
Minnesota Statutes 2014, section 17.4982, subdivision 18a, is amended to read:
"Nonindigenous species" means a species of
fish or other aquatic life that is:
(1) not known to have been historically present in the state;
(2) not known to be naturally occurring in a particular part of the state; or
(3) deleted text begin listeddeleted text end new text begin designatednew text end by rule as a prohibited or regulated invasive species.
Minnesota Statutes 2014, section 84.027, subdivision 13, is amended to read:
(a) The commissioner of natural resources may
adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
under:
(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
disease, to open or close bodies of water or portions of bodies of water for night bow
fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
roots and wild rice and to restrict or prohibit harvesting in designated areas; and
(3) section 84D.12 to deleted text begin listdeleted text end new text begin designatenew text end prohibited invasive species, regulated invasive
species, new text begin and new text end unregulated nonnative speciesdeleted text begin ,deleted text end and new text begin to list new text end infested waters.
(b) If conditions exist that do not allow the commissioner to comply with sections
97A.0451 to 97A.0459, including the need to adjust season variables on an annual basis
based upon current biological and harvest data, the commissioner may adopt a rule
under this subdivision by submitting the rule to the attorney general for review under
section 97A.0455, publishing a notice in the State Register and filing the rule with the
secretary of state and the Legislative Coordinating Commission, and complying with
section 97A.0459, and including a statement of the conditions and a copy of the rule in the
notice. The conditions for opening a water body or portion of a water body for night bow
fishing under this section may include the need to temporarily open the area to evaluate
compatibility of the activity on that body of water prior to permanent rulemaking. The
notice may be published after it is received from the attorney general or five business days
after it is submitted to the attorney general, whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon publishing in the State
Register and may be effective up to seven days before publishing and filing under
paragraph (b), if:
(1) the commissioner of natural resources determines that an emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the commissioner publishes the
rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
rule that affects three or fewer counties the commissioner publishes the rule once in a legal
newspaper in each of the affected counties.
(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
(3), may not be effective earlier than seven days after publication.
(e) A rule published under paragraph (c), clause (3), may be effective the day the
rule is published if the commissioner gives notice and holds a public hearing on the rule
within 15 days before publication.
(f) The commissioner shall attempt to notify persons or groups of persons affected
by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
other appropriate means as determined by the commissioner.
(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
effective for the period stated in the notice but not longer than 18 months after the rule is
effective.
Minnesota Statutes 2015 Supplement, section 84.027, subdivision 13a, is
amended to read:
(a) In addition to the
authority granted in subdivision 13, the commissioner of natural resources may adopt rules
under section 14.389 that are authorized under:
(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
designate fish spawning beds or fish preserves, to select hunters or anglers for areas,
to provide for registration of game or fish, to prevent or control wildlife disease, or to
correct errors or omissions in rules that do not have a substantive effect on the intent or
application of the original rule; or
(2) section 84D.12 to deleted text begin listdeleted text end new text begin designatenew text end prohibited invasive species, regulated invasive
species, and unregulated nonnative species.
(b) The commissioner of natural resources may adopt rules under section 14.389
that are authorized under chapters 97A, 97B, and 97C, for purposes in addition to those
listed in paragraph (a), clause (1), subject to the notice and public hearing provisions
of section 14.389, subdivision 5.
Minnesota Statutes 2014, section 84.089, subdivision 3, is amended to read:
Except as otherwise provided in this section, a
volunteer is not a state employee and is not subject to the provisions of law relating to
state employment, including but not limited to those relating to hours of work, rates of
compensation, leave, unemployment benefits, and state employee benefits. A volunteer
accepted under this sectionnew text begin , except for a volunteer of a nonprofit organization with
permission from the commissioner of natural resources to assist in maintenance in state
parks, state forests, wildlife management areas, or on state trails,new text end is a state employee for
the purposes of section 176.011, subdivision 9, and the provisions of chapter 176, relating
to workers' compensation apply to the volunteer.
Minnesota Statutes 2014, section 84.091, subdivision 2, is amended to read:
(a) Except as provided in
deleted text begin paragraph (b)deleted text end new text begin this subdivisionnew text end , a person may not harvest, buy, sell, transport, or possess
aquatic plants without a license required under this chapter. A license shall be issued in
the same manner as provided under the game and fish laws.
(b) A resident under the age of 18 years may harvest wild rice without a license, if
accompanied by a person with a wild rice license.
new text begin
(c) Tribal band members who possess a valid tribal identification card from a
federally recognized tribe located in Minnesota are deemed to have a license to harvest
wild rice under this section.
new text end
Minnesota Statutes 2014, section 84D.01, subdivision 2, is amended to read:
"Aquatic macrophyte" means new text begin macro algae ornew text end a
macroscopic nonwoody plant, either a submerged, floating leafed, floating, or emergent
plant that naturally grows in water.
Minnesota Statutes 2014, section 84D.05, subdivision 1, is amended to read:
A person may not possess, import, purchase,
sell, propagate, transport, or introduce a prohibited invasive species, except:
(1) under a permit issued by the commissioner under section 84D.11;
(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;
(3) under a restricted species permit issued under section 17.457;
(4) when being transported to the department, or another destination as the
commissioner may direct, in a sealed container for purposes of identifying the species
or reporting the presence of the species;
(5) when being transported for disposal as part of a harvest or control activity
when specifically authorized under a permit issued by the commissioner according to
section 103G.615, when being transported for disposal as specified under a commercial
fishing license issued by the commissioner according to section 97A.418, 97C.801,
97C.811, 97C.825, 97C.831, or 97C.835, or when being transported as specified by the
commissioner;
deleted text begin
(6) when the specimen has been lawfully acquired dead and, in the case of plant
species, all seeds are removed or are otherwise secured in a sealed container;
deleted text end
deleted text begin
(7) in the form of herbaria or other preserved specimens;
deleted text end
deleted text begin (8)deleted text end new text begin (6)new text end when being removed from watercraft and equipment, or caught while angling,
and immediately returned to the water from which they came; or
deleted text begin (9)deleted text end new text begin (7)new text end as the commissioner may otherwise prescribe by rule.
new text begin
A law relating to a nonnative species, aquatic plant, or aquatic macrophyte applies in
the same manner to a part of a nonnative species, aquatic plant, or aquatic macrophyte,
whether alive or dead, and to any life stage or form.
new text end
Minnesota Statutes 2014, section 84D.09, subdivision 2, is amended to read:
Unless otherwise prohibited by law, a person may transport
aquatic macrophytes:
(1) that are duckweeds in the family Lemnaceae;
(2) for purposes of constructing shooting or observation blinds in amounts sufficient
for that purpose, provided that the aquatic macrophytes are emergent and cut above the
waterline;
(3) when legally purchased or traded by or from commercial or hobbyist sources for
aquarium, wetland or lakeshore restoration, or ornamental purposes;
(4) when harvested for personal or commercial use if in a motor vehicle;
(5) to the department, or another destination as the commissioner may direct, in a
sealed container for purposes of identifying a species or reporting the presence of a species;
(6) that are wild rice harvested under section 84.091;
(7) in the form of fragments of emergent aquatic macrophytes incidentally transported
in or on watercraft or decoys used for waterfowl hunting during the waterfowl season; deleted text begin or
deleted text end
(8) when removing water-related equipment from waters of the state for purposes of
cleaning off aquatic macrophytes before leaving a water access sitedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(9) when being transported from riparian property to a legal disposal site that is at
least 100 feet from any surface water, ditch, or seasonally flooded land, provided the
aquatic macrophytes are in a covered commercial vehicle specifically designed and used
for hauling trash.
new text end
Minnesota Statutes 2014, section 84D.10, subdivision 4, is amended to read:
(a) When leaving
deleted text begin watersdeleted text end new text begin a waternew text end of the statenew text begin ,new text end a person must drain water-related equipment holding water
and live wells and bilges by removing the drain plug before transporting the water-related
equipment deleted text begin off the water access site or riparian propertydeleted text end .new text begin For the purposes of this
paragraph, "transporting" includes moving water-related equipment over land between
connected or unconnected water bodies, but does not include moving water-related
equipment within the immediate area required for loading and preparing the water-related
equipment for transport over land.
new text end
(b) Drain plugs, bailers, valves, or other devices used to control the draining of water
from ballast tanks, bilges, and live wells must be removed or opened while transporting
water-related equipment.
(c) Emergency response vehicles and equipment may be transported on a public road
with the drain plug or other similar device replaced only after all water has been drained
from the equipment upon leaving the water body.
(d) Portable bait containers used by licensed aquatic farms, portable bait containers
when fishing through the ice except on waters listed infested for viral hemorrhagic
septicemia, and marine sanitary systems are exempt from this subdivision.
(e) A person must not dispose of bait in waters of the state.
(f) A boat lift, dock, swim raft, or associated equipment that has been removed
from any water body may not be placed in another water body until a minimum of 21
days have passed.
(g) A person who transports water that is appropriated from noninfested surface
water bodies and that is transported by a commercial vehicle, excluding watercraft, or
commercial trailer, which vehicle or trailer is specifically designed and used for water
hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
the transported water to other surface waters or within 100 feet of a surface water body.
(h) A person transporting water from noninfested surface water bodies for
firefighting or emergencies that threaten human safety or property is exempt from
paragraphs (a) and (b).
Minnesota Statutes 2014, section 84D.108, is amended by adding a
subdivision to read:
new text begin
(a) The commissioner may issue an
additional permit to service providers to return to Lake Minnetonka water-related
equipment with zebra mussels attached after the equipment has been seasonally
stored, serviced, or repaired. The permit must include verification and documentation
requirements and any other conditions the commissioner deems necessary.
new text end
new text begin
(b) Water-related equipment with zebra mussels attached may be returned only
to Lake Minnetonka (DNR Division of Waters number 27-0133) by service providers
permitted under subdivision 1.
new text end
new text begin
(c) The service provider's place of business must be within the Lake Minnetonka
Conservation District as established according to sections 103B.601 to 103B.645.
new text end
new text begin
(d) A service provider applying for a permit under this subdivision must, if approved
for a permit and before the permit is valid, furnish a corporate surety bond in favor of the
state for $50,000 payable upon violation of this chapter.
new text end
new text begin
(e) This subdivision expires December 1, 2018.
new text end
Minnesota Statutes 2015 Supplement, section 84D.11, subdivision 1, is
amended to read:
new text begin (a) new text end The commissioner may issue a
permit for the propagation, possession, importation, purchase, or transport of a prohibited
invasive species for the purposes of disposal, decontamination, control, research, or
education.
new text begin
(b) The commissioner may issue a permit as provided under section 84D.108,
subdivision 2a, to a service provider to allow water-related equipment to be placed back
into the same body of water after being seasonally stored, serviced, or repaired by the
service provider. This paragraph expires December 1, 2018.
new text end
Minnesota Statutes 2014, section 84D.13, subdivision 4, is amended to read:
After appropriate training, conservation
officers, other licensed peace officers, and other department personnel designated by the
commissioner may issue warnings or citations to a person who:
(1) unlawfully transports prohibited invasive species or aquatic macrophytes;
(2) unlawfully places or attempts to place into waters of the state water-related
equipment that has aquatic macrophytes or prohibited invasive species attached;
(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
by rule, Eurasian watermilfoil;
(4) fails to remove plugs, open valves, and drain water from water-related equipment
before leaving waters of the state or when transporting water-related equipment as
provided in section 84D.10, subdivision 4; deleted text begin or
deleted text end
(5) transports infested water, in violation of rule, off riparian propertydeleted text begin .deleted text end new text begin ;
new text end
new text begin
(6) fails to comply with a decontamination order when a decontamination unit
is available on site;
new text end
new text begin
(7) fails to complete decontamination of water-related equipment or to remove
invasive species from water-related equipment by the date specified on a tagging notice
and order; or
new text end
new text begin
(8) fails to complete the aquatic invasive species offender training course required
under section 86B.13.
new text end
Minnesota Statutes 2015 Supplement, section 84D.13, subdivision 5, is
amended to read:
(a) A civil citation issued under this section must impose
the following penalty amounts:
(1) for transporting aquatic macrophytes in violation of section 84D.09, $100;
(2) for placing or attempting to place into waters of the state water-related equipment
that has aquatic macrophytes attached, $200;
(3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte, $500;
(4) for placing or attempting to place into waters of the state water-related equipment
that has prohibited invasive species attached when the waters are not listed by the
commissioner as being infested with that invasive species, $500;
(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
prescribed by rule, Eurasian watermilfoil, $100;
(6) for failing to have drain plugs or similar devices removed or opened while
transporting water-related equipment or for failing to remove plugs, open valves, and
drain water from water-related equipment, other than marine sanitary systems, before
leaving waters of the state, $100;
(7) for transporting infested water off riparian property without a permit as required
by rule, $200; deleted text begin and
deleted text end
(8) for failing to have aquatic invasive species affirmation displayed or available for
inspection as provided in sections 86B.401 and 97C.301, subdivision 2a, $25deleted text begin .deleted text end new text begin ;
new text end
new text begin
(9) for failing to comply with a decontamination order when a decontamination unit
is available on site, $250;
new text end
new text begin
(10) for failing to complete decontamination of water-related equipment or to
remove invasive species from water-related equipment by the date specified on a tagging
notice and order, $250; and
new text end
new text begin
(11) for failing to complete the aquatic invasive species offender training course
required under section 86B.13, $25.
new text end
(b) A civil citation that is issued to a person who has one or more prior convictions
or final orders for violations of this chapter is subject to twice the penalty amounts listed
in paragraph (a).
Minnesota Statutes 2014, section 86B.005, is amended by adding a
subdivision to read:
new text begin
"Enclosed accommodation
compartment" means one contiguous space, surrounded by boat structure, that contains
all of the following:
new text end
new text begin
(1) designated sleeping accommodations;
new text end
new text begin
(2) a galley area with sink; and
new text end
new text begin
(3) a head compartment.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2014, section 86B.005, is amended by adding a
subdivision to read:
new text begin
"Enclosed occupancy compartment"
means one contiguous enclosed space surrounded by boat structure that may be occupied
by a person.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2014, section 86B.005, is amended by adding a
subdivision to read:
new text begin
"Marine carbon monoxide
detection system" means a device or system that meets the requirements of the American
Boat and Yacht Council Standard A-24, July 2015, for carbon monoxide detection systems.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) After May 1, 2017, no motorboat that has an
enclosed accommodation compartment may be operated on any waters of the state unless
the motorboat is equipped with a functioning marine carbon monoxide detection system
installed according to the manufacturer's instructions.
new text end
new text begin
(b) After May 1, 2017, no new motorboat that has an enclosed accommodation
compartment may be sold or offered for sale in Minnesota unless the motorboat is
equipped with a new functioning marine carbon monoxide detection system installed
according to the manufacturer's instructions.
new text end
new text begin
All state-sponsored boating safety courses and all
boating safety courses that require state approval by the commissioner must incorporate
information about the dangers of being overcome by carbon monoxide poisoning while on
or behind a motorboat and how to prevent that poisoning.
new text end
new text begin
(a) After May 1, 2017,
no gasoline-powered motorboat that has an enclosed occupancy compartment may be
operated on any waters of the state unless labels warning of carbon monoxide dangers are
affixed in the vicinity of the aft reboarding/stern area and the steering station and in or
at the entrance to any enclosed occupancy compartment.
new text end
new text begin
(b) For a motorboat sold by a dealer, the dealer must ensure that specified warning
labels have been affixed before completion of the transaction.
new text end
new text begin
(c) Warning labels approved by the American Boat and Yacht Council, National
Marine Manufacturers Association, or the commissioner satisfy the requirements of this
section when installed as specified.
new text end
new text begin
The commissioner shall mail the information
and labels to all motorboat owners of watercraft that are 21 feet and greater in length no later
than May 1, 2017. The commissioner must also provide license agents with informational
brochures and warning labels about the dangers of carbon monoxide poisoning while
boating. A license agent must make the brochure and labels available to motorboat owners
and make efforts to inform new owners of the requirement. The commissioner shall
highlight the new requirements on the watercraft renewal reminder postcard for three
consecutive three-year license cycles and in the Minnesota Boating Guide. The brochure
must instruct motorboat owners to place the labels according to subdivision 3 and inform
motorboat owners of carbon monoxide dangers of gasoline-powered generators.
new text end
new text begin
A first violation of this section does not result in a
penalty, but is punishable only by a safety warning. A second or subsequent violation
is a petty misdemeanor.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2014, section 88.01, is amended by adding a subdivision
to read:
new text begin
"Prescribed burn" means a fire that is intentionally
ignited, managed, and controlled by an entity meeting certification requirements established
by the commissioner for the purpose of managing vegetation. A prescribed burn that has
exceeded its prescribed boundaries and requires suppression action is considered a wildfire.
new text end
Minnesota Statutes 2014, section 88.22, subdivision 1, is amended to read:
(a) Road closure. When the
commissioner of natural resources shall determine that conditions conducive to wildfire
hazards exist in the wildfire areas of the state and that the presence of persons in the
wildlife areas tends to aggravate wildfire hazards, render forest trails impassable by
driving thereon during wet seasons and hampers the effective enforcement of state timber
trespass and game laws, the commissioner may by written order, close any road or trail
leading into any land used for any conservation purposes, to all modes of travel except
that considered essential such as residents traveling to and from their homes or in other
cases to be determined by the authorized forest officers assigned to guard the area.
(b) Burning ban. The commissioner may also, upon such determination, by written
order, suspend the issuance of permits for open firesnew text begin or prescribed burnsnew text end , revoke or suspend
the operation of a permit previously issued and, to the extent the commissioner deems
necessary, prohibit the building of all or some kinds of open fires new text begin or prescribed burns new text end in all
or any part of a wildfire area regardless of whether a permit is otherwise required; and the
commissioner also may, by written order, prohibit smoking except at places of habitation
or automobiles or other enclosed vehicles properly equipped with an efficient ash tray.
Minnesota Statutes 2014, section 93.0015, subdivision 3, is amended to read:
The committee expires June 30, deleted text begin 2016deleted text end new text begin 2026new text end .
Minnesota Statutes 2014, section 93.2236, is amended to read:
(a) The minerals management account is created as an account in the natural
resources fund. Interest earned on money in the account accrues to the account. Money in
the account may be spent or distributed only as provided in paragraphs (b) and (c).
(b) If the balance in the minerals management account exceeds $3,000,000 on new text begin March
31, new text end June 30, new text begin September 30, or December 31, new text end the amount exceeding $3,000,000 must
be distributed to the permanent school fund, the permanent university fund, and taxing
districts as provided in section 93.22, subdivision 1, paragraph (c). The amount distributed
to each fund must be in the same proportion as the total mineral lease revenue received
in the previous biennium from school trust lands, university lands, and lands held by the
state in trust for taxing districts.
(c) Subject to appropriation by the legislature, money in the minerals management
account may be spent by the commissioner of natural resources for mineral resource
management and projects to enhance future mineral income and promote new mineral
resource opportunities.
Minnesota Statutes 2014, section 94.3495, subdivision 2, is amended to read:
new text begin (a) new text end The classes of public land that may be
involved in an expedited exchange under this section are:
(1) Class 1 land, which for the purpose of this section is Class A land as defined in
section 94.342, subdivision 1deleted text begin , except for:deleted text end new text begin ;
new text end
deleted text begin
(i) school trust land as defined in section 92.025; and
deleted text end
deleted text begin
(ii) university land granted to the state by acts of Congress;
deleted text end
(2) Class 2 land, which for the purpose of this section is Class B land as defined in
section 94.342, subdivision 2; and
(3) Class 3 land, which for the purpose of this section is all land owned in fee by
a governmental subdivision of the state.
new text begin
(b) "School trust land" has the meaning given in section 92.025.
new text end
new text begin
(c) "University land" means land granted to the state by acts of Congress for
university purposes.
new text end
Minnesota Statutes 2014, section 94.3495, subdivision 3, is amended to read:
(a) In an exchange of Class 1 land for Class 2 or 3 land,
the value of all the land shall be determined by the commissioner of natural resourcesnew text begin ,
but the county board must approve the value determined for the Class 2 land, and the
governmental subdivision of the state must approve the value determined for the Class 3
landnew text end . In an exchange of Class 2 land for Class 3 land, the value of all the land shall be
determined by the county board of the county in which the land liesnew text begin , but the governmental
subdivision of the state must approve the value determined for the Class 3 landnew text end .
new text begin (b)new text end To determine the value of the land, the parties to the exchange may new text begin either (1)
new text end cause the land to be appraised, deleted text begin utilize the valuation process provided under section
84.0272, subdivision 3, or obtain a market analysis from a qualified real estate brokerdeleted text end new text begin or
(2) determine the value for each 40-acre tract or lot, or a portion thereof, using the most
current township or county assessment schedules for similar land types from the county
assessor of the county in which the lands are locatednew text end . Merchantable timber value deleted text begin mustdeleted text end
new text begin shouldnew text end be deleted text begin determined anddeleted text end considered in finalizing valuation of the lands.
deleted text begin (b) Alldeleted text end new text begin (c) Except for school trust lands and university lands, thenew text end lands exchanged
under this section shall be exchanged only for lands of at least substantially equal value.
For the purposes of this subdivision, "substantially equal value" has the meaning given
under section 94.343, subdivision 3, paragraph (b). No payment is due either party if the
landsnew text begin , other than school trust lands or university lands, new text end are of substantially equal value but
are not of the same value.
new text begin
(d) School trust lands and university lands exchanged under this section must be
exchanged only for lands of equal or greater value.
new text end
Minnesota Statutes 2014, section 94.3495, subdivision 7, is amended to read:
deleted text begin
(a) All deeds conveying land given in an expedited land exchange under
this section shall include a reverter that provides that title to the land automatically reverts
to the conveying governmental unit if:
deleted text end
deleted text begin
(1) the receiving governmental unit sells, exchanges, or otherwise transfers title of
the land within 40 years of the date of the deed conveying ownership; and
deleted text end
deleted text begin
(2) there is no prior written approval for the transfer from the conveying
governmental unit. The authority for granting approval is the commissioner of natural
resources for former Class 1 land, the county board for former Class 2 land, and the
governing body for former Class 3 land.
deleted text end
deleted text begin (b)deleted text end Class 1 land given in exchange is subject to the reservation provisions of section
94.343, subdivision 4. Class 2 land given in exchange is subject to the reservation
provisions of section 94.344, subdivision 4. County fee land given in exchange is subject
to the reservation provisions of section 373.01, subdivision 1, paragraph (g).
Minnesota Statutes 2014, section 97A.075, subdivision 1, is amended to read:
(a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2,
clauses (5), (6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11),
and (12); and 8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.
(b) $2 from each annual deer license and $2 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, shall be credited to the deer management account and
is appropriated to the commissioner for deer habitat improvement or deer management
programs.
(c) $1 from each annual deer license and each bear license and $1 annually from
the lifetime fish and wildlife trust fund, established in section 97A.4742, for each
license issued under section 97A.473, subdivision 4, shall be credited to the deer and
bear management account and is appropriated to the commissioner for deer and bear
management programs, including a computerized licensing system.
(d) Fifty cents from each deer license is credited to the emergency deer feeding and
wild cervidae health management account and is appropriated for emergency deer feeding
and wild cervidae health management. Money appropriated for emergency deer feeding
and wild cervidae health management is available until expended.
When the unencumbered balance in the appropriation for emergency deer feeding
and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
management programs and computerized licensing.
deleted text begin
(e) Fifty cents from each annual deer license and 50 cents annually from the lifetime
fish and wildlife trust fund established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring
account under subdivision 7.
deleted text end
Minnesota Statutes 2014, section 97A.075, subdivision 7, is amended to read:
(a) For purposes of this subdivision,
"wolf license" means a license or permit issued under section 97A.475, subdivision 2,
clause (20); 3, paragraph (a), clause (16); or 20, paragraph (b).
(b) A wolf management and monitoring account is created in the game and fish fund.
Revenue from wolf licenses must be credited to the wolf management and monitoring
account and is appropriated to the commissioner only for wolf management, research,
damage control, enforcement, and education.new text begin Notwithstanding any other law to the
contrary, money credited to the account may not be used to pay indirect costs or agency
shared services.
new text end
Laws 2015, First Special Session chapter 4, article 4, section 131, is amended
to read:
The school trust lands director shall identify, in consultation with the commissioner
of natural resources, at least $5,000,000 in state-owned lands suitable for salenew text begin or exchange
with school trust landsnew text end . The lands identified shall not be within a unit of the outdoor
recreation system under Minnesota Statutes, section 86A.05, an administrative site, or
trust land. The commissioner shall sell new text begin or exchange new text end at least $3,000,000 worth of lands
identified under this section by June 30, 2017. new text begin Land exchanged under this section may
be exchanged in accordance with Minnesota Statutes, section 94.3495. The value of
the surplus land exchanged shall serve as compensation to the permanent school fund
as provided under Minnesota Statutes, section 84.027, subdivision 18, paragraph (b).
Notwithstanding the restrictions on sale of riparian land and the public sale provisions
under Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner may
offer the surplus land, including land bordering public water, for public or private sale.
new text end Notwithstanding Minnesota Statutes, section 94.16, subdivision 3, or any other law to the
contrary, deleted text begin the amountdeleted text end new text begin an amount equal to 90 percentnew text end of the proceeds from the sale of lands
that exceeds the actual expenses of selling the lands must be deposited in the school trust
lands account and used to extinguish the school trust interest as provided under Minnesota
Statutes, section 92.83, on school trust lands that have public water access sites or old
growth forests located on them.new text begin Notwithstanding Minnesota Statutes, section 92.83, the
remaining ten percent of the proceeds must be used to fund transactional and legal work
associated with the Boundary Waters Canoe Area Wilderness land exchange and sale
projects under Minnesota Statutes, sections 92.80 and 92.82.
new text end
new text begin
(a) The Aggregate Resources Task Force
consists of eight members appointed as follows:
new text end
new text begin
(1) the speaker of the house shall appoint four members of the house of representatives
to include two members of the majority party and two members of the minority party, with
one member being the chair of the committee with jurisdiction over aggregate mining; and
new text end
new text begin
(2) the senate Subcommittee on Committees of the Committee on Rules and
Administration shall appoint four members of the senate to include two members of the
majority party and two members of the minority party, with one member being the chair
of the committee with jurisdiction over aggregate mining.
new text end
new text begin
(b) The appointing authorities must make their respective appointments no later
than July 15, 2016.
new text end
new text begin
(c) The first meeting of the task force must be convened by the chairs of the house of
representatives and senate committees with jurisdiction over aggregate mining who will
serve as cochairs of the task force.
new text end
new text begin
The task force must study and provide recommendations on:
new text end
new text begin
(1) the Department of Natural Resources' and Metropolitan Council's aggregate
mapping progress and needs;
new text end
new text begin
(2) the effectiveness of recent aggregate tax legislation and the use of the revenues
collected by counties;
new text end
new text begin
(3) the use of state funds to preserve aggregate reserves; and
new text end
new text begin
(4) local land use and permitting issues, environmental review requirements, and the
impacts of other state regulations on aggregate reserves.
new text end
new text begin
No later than January 15, 2018, the task force shall submit a
report to the chairs of the house of representatives and senate committees and divisions
with jurisdiction over aggregate mining and environment and natural resources finance
containing the findings of the study.
new text end
new text begin
The Aggregate Resources Task Force expires 45 days after
the report and recommendations are delivered to the legislature or on June 30, 2018,
whichever date is earlier.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The commissioner of natural resources shall submit a report to the legislature
by November 1, 2018. The report must outline any issues encountered relating
to implementation of Minnesota Statutes, section 86B.532, any changes to marine
manufacturing industry standards relating to carbon monoxide, the availability of plug-in
or battery-powered marine certified carbon monoxide detectors, and best practices in
preventing carbon monoxide poisoning relating to motorboat operation, including the
feasibility of requiring carbon monoxide detectors that are more sensitive in measuring
carbon monoxide than required in this act.
new text end
new text begin
The commissioner of natural resources, in cooperation with prescribed burning
professionals, nongovernmental organizations, and local and federal governments, must
develop criteria for certifying an entity to conduct a prescribed burn under a general
permit. The certification requirements must include training, equipment, and experience
requirements and include an apprentice program to allow entities without experience to
become certified. The commissioner must establish provisions for decertifying entities.
The commissioner must not require additional certification or requirements for burns
conducted as part of normal agricultural practices not currently subject to prescribed burn
specifications. The commissioner must submit a report with recommendations and any
legislative changes needed to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over environment
and natural resources by January 15, 2017.
new text end
new text begin
(a) Until July 1, 2017, the commissioner of natural resources shall not log, enter into
a logging contract, or otherwise remove trees for purposes of creating oak savanna in the
Sand Dunes State Forest. This paragraph does not prohibit work done under contracts
entered into before the effective date of this section or work on school trust lands.
new text end
new text begin
(b) By January 15, 2017, the commissioner must submit a report, prepared by
the Division of Forestry, to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over environment
and natural resources with the Division of Forestry's progress on collaborating with local
citizens and other stakeholders over the past year when making decisions that impact
the landscape, including forest conversions and other clear-cutting activities, and the
division's progress on other citizen engagement activities.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) The commissioner of natural resources shall amend the city of Cold Spring's
water appropriation permit to allow an increase in the city's water withdrawal of 100
million gallons per year from city wells 4, 5, and 6, provided a combined reduction of
ten million gallons per year is made from city well 3 or water appropriations under any
permits held by brewing companies in the Cold Spring Creek area. The city and any other
permit holder with permit modifications made under this section must comply with all
existing reporting requirements and demonstrate that increased pumping does not result in
violations of the Safe Drinking Water Act. The increases under this section are available
on an interim basis, not to exceed five years, to allow the city to establish a new well field
and long-term water supply solution for the city and area businesses.
new text end
new text begin
(b) The commissioner must conduct necessary monitoring of stream flow and water
levels and develop a groundwater model to determine the amount of water that can be
sustainably pumped in the area of Cold Spring Creek for area businesses, agriculture, and
city needs. Beginning July 1, 2017, the commissioner must submit an annual progress
report to the chairs and ranking minority members of the house of representatives and
senate committees and divisions with jurisdiction over environment and natural resources.
The commissioner must submit a final report by January 15, 2022.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Notwithstanding Minnesota Statutes, sections 103G.407 and 103G.408, the
commissioner of natural resources must issue a permit to the Bois de Sioux Watershed
District to allow Big Lake in Grant County to be maintained at an elevation of 1,073 feet
from May 1 to October 1, and to be drawn down to an elevation of 1,072 feet prior to the
lake freezing. Prior to issuing the permit required under this section, the commissioner
of natural resources must receive a report from the Bois de Sioux Watershed District
that provides a description and budget for the watershed district's Big Lake project,
including the anticipated funding sources and any planned land acquisitions. The
commissioner must submit the report to the chairs and ranking minority members of the
house of representatives and senate committees and divisions with jurisdiction over the
environment and natural resources. Land acquired for purposes of the Big Lake project
may not be acquired by eminent domain.
new text end
new text begin
The commissioner of natural resources shall report to the chairs of the house of
representatives and senate committees with jurisdiction over natural resources by January
15, 2019, regarding the feasibility of expanding permitting to service providers as
described in Minnesota Statutes, section 84D.108, subdivision 2a, to other water bodies in
the state. The report must:
new text end
new text begin
(1) include recommendations for state and local resources needed to implement the
program;
new text end
new text begin
(2) assess local government inspection roles under Minnesota Statutes, section
84D.105, subdivision 2, paragraph (g); and
new text end
new text begin
(3) assess whether mechanisms to ensure that water-related equipment placed back
into the same body of water from which it was removed can adequately protect other
water bodies.
new text end
new text begin
Sections 16, 17, 18, 19, and 31 may be known and cited as "Sophia's Law."
new text end
new text begin
Minnesota Statutes 2014, section 116P.13,
new text end
new text begin
is repealed.
new text end
new text begin
This section is effective July 1, 2018, and any funds remaining
in the Minnesota future resources fund on July 1, 2018, are transferred to the general fund.
new text end
Section 1. new text begin APPROPRIATIONS
|
new text begin
The sums shown in the columns under "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2015, First Special Session,
chapter 1, or other law to the specified agencies. The appropriations are from the general
fund, or another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2016" and "2017" used in this article mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017,
respectively. Appropriations for the fiscal year ending June 30, 2016, are effective the day
following final enactment. Reductions may be taken in either fiscal year.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2016 new text end |
new text begin
2017 new text end |
Sec. 2. new text begin DEPARTMENT OF EMPLOYMENT
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
3,253,000 new text end |
new text begin Subd. 2. new text end
new text begin
Business and Community
|
new text begin
(16,347,000) new text end |
new text begin
(a) $12,000,000 in fiscal year 2017 is a
onetime reduction in the general fund
appropriation for the Minnesota investment
fund under Minnesota Statutes, section
116J.8731. The base funding for this purpose
is $5,000,000 in fiscal year 2018 and each
fiscal year thereafter.
new text end
new text begin
(b) $8,500,000 in fiscal year 2017 is a
onetime reduction in the general fund
appropriation for the Minnesota job creation
fund under Minnesota Statutes, section
116J.8748. The base funding for this
program is $7,500,000 in fiscal year 2018
and each fiscal year thereafter.
new text end
new text begin
(c) $1,000,000 in fiscal year 2017 is from the
general fund for the redevelopment program
under Minnesota Statutes, section 116J.571.
This is a onetime appropriation.
new text end
new text begin
(d) $1,000,000 in fiscal year 2017 is from the
workforce development fund for a grant to
the Neighborhood Development Center for
developing and supporting entrepreneurial
skills and job creation in communities served
by the Neighborhood Development Center.
Funds may be used for activities including but
not limited to business plan training, business
workshops, technical assistance to small
business owners, development and support
of business incubators, entrepreneurial
network development, and the expansion
of entrepreneurial capacity in communities.
This is a onetime appropriation.
new text end
new text begin
(e) $100,000 in fiscal year 2017 is from
the general fund for an easy-to-understand
manual to instruct aspiring business owners
in how to start a child care business. The
commissioner shall work in consultation
with relevant state and local agencies
and affected stakeholders to produce the
manual. The manual must be made available
electronically to interested persons. This is a
onetime appropriation and is available until
June 30, 2019.
new text end
new text begin
(f) $500,000 in fiscal year 2017 is from the
workforce development fund for a grant to
Enterprise Minnesota, Inc. Of this amount,
$250,000 is for the small business growth
acceleration program under Minnesota
Statutes, section 116O.115, and $250,000
is for operations under Minnesota Statutes,
sections 116O.01 to 116O.061. This is a
onetime appropriation.
new text end
new text begin
(g) $12,000 in fiscal year 2017 is a reduction
in the general fund appropriation for the
Upper Minnesota Film Office.
new text end
new text begin
(h) $1,825,000 in fiscal year 2017 is a
reduction in the general fund appropriation
for the Minnesota Film and TV Board.
new text end
new text begin
(i) $500,000 in fiscal year 2017 is from
the general fund for the workforce housing
grant program in Minnesota Statutes, section
116J.549. This is a onetime appropriation.
new text end
new text begin
(j) $2,290,000 in fiscal year 2017 is from the
general fund for a grant to Mille Lacs County
to develop and operate the Lake Mille Lacs
area economic relief program established
in article 5, section 11. This is a onetime
appropriation.
new text end
new text begin
(k) $500,000 in fiscal year 2017 is from the
general fund for grants to local communities
outside of the metropolitan area as defined
under Minnesota Statutes, section 473.121,
subdivision 2, to increase the supply of
quality child care providers in order to
support regional economic development.
Grant recipients must match state funds on a
dollar-for-dollar basis. Grant funds available
under this section must be used to implement
solutions to reduce the child care shortage
in the state, including but not limited to
funding for child care business start-up or
expansion, training, facility modifications
or improvements required for licensing,
and assistance with licensing and other
regulatory requirements. In awarding grants,
the commissioner must give priority to
communities in greater Minnesota that have
documented a shortage of child care providers
in the area. This is a onetime appropriation
and is available until June 30, 2019.
new text end
new text begin
By September 30, 2017, grant recipients must
report to the commissioner on the outcomes
of the grant program, including but not
limited to the number of new providers, the
number of additional child care provider jobs
created, the number of additional child care
slots, and the amount of local funds invested.
new text end
new text begin
By January 1, 2018, the commissioner must
report to the standing committees of the
legislature having jurisdiction over child care
and economic development on the outcomes
of the program to date.
new text end
new text begin
(l) $100,000 in fiscal year 2017 is from
the general fund for a grant to the city of
Madelia to provide match funding for a
federal Economic Development Agency
technical assistance grant. This is a onetime
appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Workforce Development
|
new text begin
3,900,000 new text end |
new text begin
(a) $600,000 in fiscal year 2017 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.
new text end
new text begin
(b) $800,000 in fiscal year 2017 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. Funds must be
used to provide new job skills training to
stimulate higher wages for low-income
people, family support systems designed
to reduce generational poverty, and youth
programming to promote educational
advancement and career pathways. At
least 50 percent of the total grant funds
must be used for programming in greater
Minnesota. CLUES shall submit a report to
the chairs and ranking minority members of
the legislative committees and divisions of
the senate and house of representatives with
primary jurisdiction over jobs with findings
of program outcomes by March 1, 2018. The
report must include the type, duration, and
attendance of each program and quantifiable
measures of success. This is a onetime
appropriation and is available until June 30,
2019.
new text end
new text begin
(c) $600,000 in fiscal year 2017 is from the
workforce development fund for performance
grants under Minnesota Statutes, section
116J.8747, to Twin Cities RISE! to provide
training to hard-to-train individuals. This is
onetime appropriation.
new text end
new text begin
(d) $1,000,000 in fiscal year 2017 is from the
general fund 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 and is available until June 30,
2019. 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
(e) $400,000 in fiscal year 2017 is from the
general 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
program. This is a onetime appropriation and
is available until June 30, 2018.
new text end
new text begin
(f) $500,000 in fiscal year 2017 is
appropriated from the workforce
development fund 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 Subd. 4. new text end
new text begin
Vocational Rehabilitation
|
new text begin
500,000 new text end |
new text begin
$500,000 in fiscal year 2017 is from
the general fund for grants to centers
for independent living under Minnesota
Statutes, section 268A.11. This is a onetime
appropriation.
new text end
new text begin Subd. 5. new text end
new text begin
State Services for the Blind
|
new text begin
200,000 new text end |
new text begin
$200,000 in fiscal year 2017 is from the
general fund for State Services for the
Blind. Funds appropriated must be used to
provide services for senior citizens who are
becoming blind. At least half of the funds
appropriated 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. This is a
onetime appropriation.
new text end
new text begin Subd. 6. new text end
new text begin
Broadband Development
|
new text begin
15,000,000 new text end |
new text begin
(a) $15,000,000 in fiscal year 2017 is
from the general fund for deposit in the
border-to-border broadband fund account
under Minnesota Statutes, section 116J.396,
for the purpose of awarding grants under that
section. The base funding for this program is
$25,000,000 in fiscal year 2018. These are
onetime appropriations.
new text end
new text begin
(b) $500,000 must be awarded to projects
that propose to expand the availability and
adoption of broadband service to areas
that contain a significant proportion of
low-income households. For the purposes of
this subdivision, "low-income households"
means households whose household income
is less than or equal to 200 percent of the
most recent calculation of the United States
federal poverty guidelines published by the
federal Department of Health and Human
Services, adjusted for family size.
new text end
new text begin
(c) Minnesota Statutes, section 116J.395,
subdivision 5a, does not apply to applications
for grants under paragraph (b) and does
not apply to applications for grants under
paragraph (a) in underserved areas.
new text end
new text begin
(d) If grant awards in any area are insufficient
to fully expend the funds available for
that area, the commissioner may reallocate
unexpended funds to other areas.
new text end
Sec. 3. new text begin HOUSING FINANCE AGENCY
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(250,000) new text end |
new text begin Subd. 2. new text end
new text begin
Challenge Program
|
new text begin
(500,000) new text end |
new text begin
(a) This is a onetime general fund
appropriation reduction in fiscal year 2017.
new text end
new text begin
(b) The base funding for this program in fiscal
year 2018 and thereafter is $12,925,000.
new text end
new text begin Subd. 3. new text end
new text begin
Family Homeless Prevention
|
new text begin
250,000 new text end |
new text begin
$250,000 in fiscal year 2017 is from the
general fund for grants to eligible applicants
to create or expand risk mitigation programs
to reduce landlord financial risks for renting
to persons eligible under Minnesota Statutes,
section 462A.204. Eligible programs may
reimburse landlords for costs including but
not limited to nonpayment of rent, or damage
costs above those costs covered by security
deposits. The agency may give higher
priority to applicants that can demonstrate
a matching amount of money by a local
unit of government, business, or nonprofit
organization. Grantees must establish a
procedure to review and validate claims and
reimbursements under this grant program.
This is a onetime appropriation.
new text end
Sec. 4. new text begin EXPLORE MINNESOTA TOURISM
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
800,000 new text end |
new text begin
(a) $300,000 in fiscal year 2017 is from
the general fund for a grant to the Mille
Lacs Tourism Council to enhance marketing
activities related to tourism promotion in
the Mille Lacs Lake area. This is a onetime
appropriation.
new text end
new text begin
(b) $500,000 in fiscal year 2017 is from the
general fund for a pilot project to assist in
funding and securing major events benefiting
communities throughout the state. The pilot
project must measure the economic impact
of visitors on state and local economies,
increased lodging and nonlodging sales taxes
in addition to visitor spending, and increased
media awareness of the state as an event
destination. This is a onetime appropriation.
new text end
Sec. 5. new text begin DEPARTMENT OF LABOR AND
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin Subd. 2. new text end
new text begin
Labor Standards and Apprenticeship
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2016 new text end |
new text begin
2017 new text end |
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
$150,000 new text end |
new text begin
Workforce Development new text end |
new text begin
-0- new text end |
new text begin
$100,000 new text end |
new text begin
$150,000 in fiscal year 2017 is from the
general fund and $100,000 in fiscal year
2017 is from the workforce development
fund for the apprenticeship program under
Minnesota Statutes, chapter 178.
new text end
Sec. 6. new text begin BUREAU OF MEDIATION
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(125,000) new text end |
new text begin
This is a reduction in the general fund
appropriation in fiscal year 2017 for the
Public Employment Relations Board.
new text end
Sec. 7. new text begin DEPARTMENT OF COMMERCE
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(151,000) new text end |
new text begin Subd. 2. new text end
new text begin
Telecommunications
|
new text begin
(376,000) new text end |
new text begin
The base amount for this purpose is $558,000
in fiscal year 2018 and $482,000 in fiscal
year 2019.
new text end
new text begin Subd. 3. new text end
new text begin
Energy Resources
|
new text begin
-0- new text end |
new text begin
100,000 new text end |
new text begin
$100,000 in fiscal year 2017 is from the
general fund for energy regulation and
planning unit staff. This appropriation is
not subject to assessment under Minnesota
Statutes, section 216B.62.
new text end
new text begin Subd. 4. new text end
new text begin
Insurance
|
new text begin
125,000 new text end |
new text begin
$125,000 in fiscal year 2017 is from the
general fund for insurance fraud enforcement
under Minnesota Statutes, section 45.0135,
subdivision 9.
new text end
Sec. 8. new text begin PUBLIC UTILITIES COMMISSION
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(56,000) new text end |
new text begin
(a) Of the amount appropriated, $112,000
in fiscal year 2017 is from the general
fund for costs related to implementation
of solar energy standards and community
solar garden requirements under Laws
2013, chapter 85, and Laws 2015, First
Special Session chapter 1, article 3. This
appropriation is not subject to assessment
under Minnesota Statutes, section 216B.62.
new text end
new text begin
(b) Of the amount in fiscal year 2017,
$375,000 is a onetime reduction in the general
fund appropriation for telecommunications
regulation.
new text end
new text begin
(c) Of the amount appropriated in fiscal year
2017, $207,000 is from the general fund for
expenses related to additional Public Utilities
Commission members.
new text end
new text begin
(d) The base funding for the Public Utilities
Commission is $7,155,000 in fiscal year
2018 and $7,160,000 in fiscal year 2019.
new text end
Sec. 9. new text begin PUBLIC FACILITIES AUTHORITY
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
11,500,000 new text end |
new text begin
$11,500,000 in fiscal year 2017 is from the
general fund for a grant to the Lewis and
Clark Joint Powers Board to acquire land,
design, engineer, and construct facilities
and infrastructure necessary to complete
Phase 3 of the Lewis and Clark Regional
Water System project, including extension
of the project from the Lincoln-Pipestone
Rural Water System connection near
Adrian to Worthington, construction of a
reservoir in Nobles County and a meter
building in Worthington, and acquiring and
installing a supervisory control and data
acquisition (SCADA) system. This is a
onetime appropriation and is not available
until the commissioner of management and
budget determines that at least $9,000,000
is committed to the Phase 3 of the project
from nonstate sources. This appropriation
is available until the project is completed or
abandoned, subject to Minnesota Statutes,
section 16A.642.
new text end
Laws 2015, First Special Session chapter 1, article 1, section 2, subdivision 3,
is amended to read:
Subd. 3.Workforce Development
|
Appropriations by Fund |
||
General |
2,189,000 |
1,789,000 |
Workforce Development |
17,567,000 |
16,767,000 |
(a) $1,039,000 each year from the general
fund and $3,104,000 each year from the
workforce development fund are for the adult
workforce development competitive grant
program. Of this amount, up to five percent
is for administration and monitoring of the
adult workforce development competitive
grant program. All grant awards shall be
for two consecutive years. Grants shall be
awarded in the first year.
(b) $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, to
provide employment and career advising to
youth, including career guidance in secondary
schools, to address the youth career advising
deficiency, to carry out activities outlined
in Minnesota Statutes, section 116L.561,
to provide support services, and to provide
work experience to youth in the workforce
service areas. The funds in this paragraph
may be used for expansion of the pilot
program combining career and higher
education advising in Laws 2013, chapter 85,
article 3, section 27. Activities in workforce
services areas under this paragraph may
serve all youth up to age 24.
(c) $1,000,000 each year is from the
workforce development fund for the
youthbuild program under Minnesota
Statutes, sections 116L.361 to 116L.366.
(d) $450,000 each year is from the workforce
development fund for a grant to Minnesota
Diversified Industries, Inc., to provide
progressive development and employment
opportunities for people with disabilities.
(e) $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.
(f) $500,000 each year is from the workforce
development fund for the Opportunities
Industrialization Center programs.
(g) $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 jobs skills development. This
project, which may have career guidance
components, including health and life skills,
is to encourage, train, and assist youth in
job-seeking skills, workplace orientation,
and job-site knowledge through coaching.
This grant requires a 25 percent match from
nonstate resources.
(h) $250,000 the first year and $250,000 the
second year are for pilot programs in the
workforce service areas to combine career
and higher education advising.
(i) $215,000 each year is from the workforce
development fund for 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. The grant must serve
youth in the Twin Cities, Central Minnesota
and Southern Minnesota Big Brothers, Big
Sisters chapters.
(j) $900,000 in fiscal year 2016 and
$1,100,000 in fiscal year 2017 are 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 in their field
of study. The internship opportunities
must match students with paid internships
within STEM disciplines at small, for-profit
companies located in the seven-county
metropolitan area, having fewer than 150
total employees; or at small or medium,
for-profit companies located outside of the
seven-county metropolitan area, having
fewer than 250 total employees. At least 200
students must be matched in the first year
and at least 250 students must be matched in
the second year. 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 among women or
other underserved populations.
(k) $50,000 each year is from the workforce
development fund for a grant to the St. Cloud
deleted text begin Areadeleted text end Somali deleted text begin Salvationdeleted text end new text begin Youthnew text end Organization
for youth development and crime prevention
activities. Grant funds may be used to
train and place mentors in elementary and
secondary schools; for athletic, social,
and other activities to foster leadership
development; to provide a safe place for
participating youth to gather after school, on
weekends, and on holidays; and activities to
improve the organizational and job readiness
skills of participating youth.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
(l) $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, 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.
(m) $400,000 in fiscal year 2016 is for a grant
to YWCA Saint Paul for training and job
placement assistance, including commercial
driver's license training, through the job
placement and retention program. This is a
onetime appropriation.
(n) $800,000 in fiscal year 2016 is from
the workforce development fund for
the customized training program for
manufacturing industries under article 2,
section 24. This is a onetime appropriation
and is available in either year of the
biennium. Of this amount:
(1) $350,000 is for a grant to Central Lakes
College for the purposes of this paragraph;
(2) $250,000 is for Minnesota West
Community and Technical College for the
purposes of this paragraph; and
(3) $200,000 is for South Central College for
the purposes of this paragraph.
(o) $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.
(p) $200,000 in fiscal year 2016 and $200,000
in fiscal year 2017 are from the workforce
development fund for performance grants
under Minnesota Statutes, section 116J.8747,
to Twin Cities RISE! to provide training to
hard-to-train individuals. This is a onetime
appropriation.
(q) $200,000 in fiscal year 2016 is from
the workforce development fund for the
foreign-trained health care professionals
grant program modeled after the pilot
program conducted under Laws 2006,
chapter 282, article 11, section 2, subdivision
12, to encourage state licensure of
foreign-trained health care professionals,
including: physicians, with preference given
to primary care physicians who commit
to practicing for at least five years after
licensure in underserved areas of the state;
nurses; dentists; pharmacists; mental health
professionals; and other allied health care
professionals. The commissioner must
collaborate with health-related licensing
boards and Minnesota workforce centers to
award grants to foreign-trained health care
professionals sufficient to cover the actual
costs of taking a course to prepare health
care professionals for required licensing
examinations and the fee for the state
licensing examinations. When awarding
grants, the commissioner must consider the
following factors:
(1) whether the recipient's training involves
a medical specialty that is in high demand in
one or more communities in the state;
(2) whether the recipient commits to
practicing in a designated rural area or an
underserved urban community, as defined in
Minnesota Statutes, section 144.1501;
(3) whether the recipient's language skills
provide an opportunity for needed health care
access for underserved Minnesotans; and
(4) any additional criteria established by the
commissioner.
This is a onetime appropriation and is
available until June 30, 2019.
Laws 2015, First Special Session chapter 1, article 1, section 8, subdivision 8,
is amended to read:
Subd. 8.Insurance
|
Appropriations by Fund |
||
General |
4,095,000 |
4,004,000 |
Workers' Compensation |
553,000 |
553,000 |
$642,000 each year is for health insurance
rate review staffing.
$91,000 in fiscal year 2016 is for the task
force on no-fault auto insurance issues.
new text begin
$125,000 in fiscal year 2017 is for insurance
fraud enforcement under Minnesota Statutes,
section 45.0135, subdivision 9.
new text end
Minnesota Statutes 2015 Supplement, section 16A.967, subdivision 2,
is amended to read:
(a) Subject to the limitations
of this subdivision, the commissioner may sell and issue appropriation bonds of the state
under this section for public purposes as provided by lawdeleted text begin , including, in particular, the
financing of the land acquisition, design, engineering, and construction of facilities and
infrastructure necessary to complete the next phase of the Lewis and Clark Regional Water
System project, including completion of the pipeline to Magnolia, extension of the project
to the Lincoln-Pipestone Rural Water System connection near Adrian, and engineering,
design, and easement acquisition for the final phase of the project to Worthington. No
bonds shall be sold until the commissioner determines that a nonstate match of at least
$9,000,000 is committed to this project phasedeleted text end . Grant agreements entered into under this
section must provide for reimbursement to the state from any federal money provided for
the project, consistent with the Lewis and Clark Regional Water System, Inc., agreement.
(b) The appropriation bonds may be issued and sold only after the commissioner
determines that the construction and administration for work done on the project will
comply with (1) all federal requirements and regulations associated with the Lewis and
Clark Rural Water System Act of 2000, and (2) the cooperative agreement between the
United States Department of the Interior and the Lewis and Clark Regional Water System,
Inc. Proceeds of the appropriation bonds must be credited to a special appropriation Lewis
and Clark bond proceeds fund in the state treasury. All income from investment of the
bond proceeds, as estimated by the commissioner, is appropriated to the commissioner for
the payment of principal and interest on the appropriation bonds.
(c) Appropriation bonds may be sold and issued in amounts that, in the opinion of the
commissioner, are necessary to provide sufficient moneynew text begin to the Public Facilities Authority
under subdivision 7new text end , not to exceed $19,000,000 net of costs of issuance, for the purposes as
provided under new text begin this new text end paragraph deleted text begin (a)deleted text end , and pay debt service including capitalized interest, costs
of issuance, costs of credit enhancement, or make payments under other agreements entered
into under paragraph (e).new text begin The bonds authorized by this paragraph are for the purposes
of financing the land acquisition, design, engineering, and construction of facilities and
infrastructure necessary to complete Phase 2 of the Lewis and Clark Regional Water
System project, including completion of the pipeline to Magnolia; extension of the project
to the Lincoln-Pipestone Rural Water System connection near Adrian; and engineering,
design, and easement acquisition for the final phase of the project to Worthington. No
bonds shall be sold under this subdivision until the commissioner determines that a
nonstate match of at least $9,000,000 is committed to this project phase. Upon completion
of Phase 2, the unspent, unencumbered portion of the appropriation in this subdivision
is available for the purposes of Phase 3, which includes extension of the project from
the Lincoln-Pipestone Rural Water System connection near Adrian to Worthington,
construction of a reservoir in Nobles County and a meter building in Worthington, and
acquiring and installing a supervisory control and data acquisition (SCADA) system.
new text end
(d) Appropriation bonds may be issued in one or more issues or series on the terms and
conditions the commissioner determines to be in the best interests of the state, but the term
on any series of appropriation bonds may not exceed 25 years. The appropriation bonds of
each issue and series thereof shall be dated and bear interest, and may be includable in or
excludable from the gross income of the owners for federal income tax purposes.
(e) At the time of, or in anticipation of, issuing the appropriation bonds, and at any
time thereafter, so long as the appropriation bonds are outstanding, the commissioner may
enter into agreements and ancillary arrangements relating to the appropriation bonds,
including but not limited to trust indentures, grant agreements, lease or use agreements,
operating agreements, management agreements, liquidity facilities, remarketing or
dealer agreements, letter of credit agreements, insurance policies, guaranty agreements,
reimbursement agreements, indexing agreements, or interest exchange agreements. Any
payments made or received according to the agreement or ancillary arrangement shall be
made from or deposited as provided in the agreement or ancillary arrangement. The
determination of the commissioner included in an interest exchange agreement that the
agreement relates to an appropriation bond shall be conclusive.
(f) The commissioner may enter into written agreements or contracts relating to the
continuing disclosure of information necessary to comply with or facilitate the issuance
of appropriation bonds in accordance with federal securities laws, rules, and regulations,
including Securities and Exchange Commission rules and regulations in Code of Federal
Regulations, title 17, section 240.15c 2-12. An agreement may be in the form of covenants
with purchasers and holders of appropriation bonds set forth in the order or resolution
authorizing the issuance of the appropriation bonds, or a separate document authorized
by the order or resolution.
(g) The appropriation bonds are not subject to chapter 16C.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2015 Supplement, section 16A.967, subdivision 7, is
amended to read:
The proceeds of appropriation bondsnew text begin issued
under this sectionnew text end and interest credited to the special appropriation Lewis and Clark bond
proceeds fund are appropriated deleted text begin to the commissionerdeleted text end new text begin :
new text end
new text begin (1) to the Public Facilities Authority for a grant to the Lewis and Clark Joint Powers
Boardnew text end for payment of capital expenses deleted text begin for the purposes provided bydeleted text end new text begin as specified innew text end
subdivision 2deleted text begin , paragraph (a),deleted text end new text begin ; and
new text end
new text begin (2) to the commissioner fornew text end debt service on the bonds including capitalized interest,
nonsalary costs of issuance of the bonds, costs of credit enhancement of the bonds and
payments under any agreements entered into under subdivision 2, paragraph (e), each as
permitted by state and federal lawdeleted text begin , and such proceeds may be granted, loaned, or otherwise
provided for the public purposes provided by subdivision 2, paragraph (a)deleted text end .
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2014, section 116J.548, subdivision 2, is amended to read:
For purposes of this section:
(a) "Capital costs" means expenditures for the new text begin public new text end acquisition deleted text begin anddeleted text end new text begin of land and
buildings,new text end betterment of public lands and buildings, and deleted text begin fordeleted text end other publicly owned capital
improvements. Capital costs also include expenditures for predesign, design, engineering,
and similar activities for specifically identified eligible projects.
(b) "Eligible project" means a development or redevelopment project that will
generate economic development new text begin within a time frame of five years or less or facilitate the
preparation of long-term economic development new text end within a host community.
(c) "Economic development" meansnew text begin assistance in preparation of a redevelopment or
development area contained in the application that results in at least one of the following:
new text end
new text begin (1) new text end job creation, new text begin including jobs relating to construction and temporary jobs;
new text end
new text begin (2) new text end an increase in the tax basedeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3) new text end the deleted text begin capacitydeleted text end new text begin abilitynew text end of the eligible project to attract private investmentdeleted text begin , anddeleted text end new text begin ;
new text end
new text begin
(4) long-term economic development;
new text end
new text begin
(5) needed public infrastructure or transportation-related improvements to facilitate
long-term redevelopment or development; or
new text end
new text begin (6) new text end other objective criteria established by the commissioner that demonstrate a
public benefit to the host community.
(d) "Host community" means a city located within the seven-county metropolitan
area, as defined in section 473.121, subdivision 2, that is the site of a waste disposal
facility that meets the standards in section 473.849, that accepts unprocessed mixed
municipal solid waste generated in the metropolitan area.
new text begin
(e) "Long-term economic development" means capital costs associated with
economic development projects identified by a host community comprehensive plan or
redevelopment plan that will generate eligible economic development.
new text end
Minnesota Statutes 2014, section 116J.548, subdivision 3, is amended to read:
Host communities may apply for a grant under this section
on a form and in a manner prescribed by the commissioner. In awarding grants under
this section, deleted text begin the commissioner shall give priority to eligible projects that, based on a
cost-benefit analysis, provide the highest return on public investment.deleted text end the commissioner
must allocate available money between host communities as evenly as practicable.
Minnesota Statutes 2014, section 116J.8737, subdivision 3, is amended to read:
(a) Investors may apply to the
commissioner for certification as a qualified investor for a taxable year. The application
must be in the form and be made under the procedures specified by the commissioner,
accompanied by an application fee of $350. Application fees are deposited in the small
business investment tax credit administration account in the special revenue fund. The
application for certification for 2010 must be made available on the department's Web
site by August 1, 2010. Applications for subsequent years' certification must be made
available on the department's Web site by November 1 of the preceding year.
(b) Within 30 days of receiving an application for certification under this subdivision,
the commissioner must either certify the investor as satisfying the conditions required
of a qualified investor, request additional information from the investor, or reject the
application for certification. If the commissioner requests additional information from the
investor, the commissioner must either certify the investor or reject the application within
30 days of receiving the additional information. If the commissioner neither certifies the
investor nor rejects the application within 30 days of receiving the original application or
within 30 days of receiving the additional information requested, whichever is later, then
the application is deemed rejected, and the commissioner must refund the $350 application
fee. An investor who applies for certification and is rejected may reapply.
(c) To receive certification, an investor must (1) be a natural person; and (2) certify
to the commissioner that the investor will only invest in a transaction that is exempt under
section 80A.46, clause (13) or (14), new text begin in a security exempt under section 80A.461, new text end or in a
security registered under section 80A.50, paragraph (b).
(d) In order for a qualified investment in a qualified small business to be eligible
for tax credits, a qualified investor who makes the investment must have applied for
and received certification for the calendar year prior to making the qualified investment,
except in the case of an investor who is not an accredited investor, within the meaning of
Regulation D of the Securities and Exchange Commission, Code of Federal Regulations,
title 17, section 230.501, paragraph (a), application for certification may be made within
30 days after making the qualified investment.
new text begin
This section is effective for taxable years beginning after
December 31, 2015.
new text end
Minnesota Statutes 2014, section 116J.8747, subdivision 1, is amended to read:
The commissioner may provide a grant to a qualified
job training program from money appropriated for the purposes of this section as follows:
(1) deleted text begin a $9,000deleted text end new text begin an $11,000 new text end placement grant paid to a job training program upon
placement in employment of a qualified graduate of the program; and
(2) deleted text begin a $9,000deleted text end new text begin an $11,000 new text end retention grant paid to a job training program upon retention
in employment of a qualified graduate of the program for at least one year.
Minnesota Statutes 2014, section 116J.8747, subdivision 2, is amended to read:
To qualify for grants under this section,
a job training program must satisfy the following requirements:
(1) the program must be operated by a nonprofit corporation that qualifies under
section 501(c)(3) of the Internal Revenue Code;
(2) the program must spend deleted text begin at leastdeleted text end new text begin , on average,new text end $15,000 new text begin or more new text end per graduate
of the program;
(3) the program must provide education and training in:
(i) basic skills, such as reading, writing, mathematics, and communications;
(ii) thinking skills, such as reasoning, creative thinking, decision making, and
problem solving; and
(iii) personal qualities, such as responsibility, self-esteem, self-management,
honesty, and integrity;
(4) the program deleted text begin mustdeleted text end new text begin may new text end provide income supplements, when needed, to participants
for housing, counseling, tuition, and other basic needs;
(5) the program's education and training course must last for an average of at least
six months;
(6) individuals served by the program must:
(i) be 18 years of age or older;
(ii) have federal adjusted gross income of no more than deleted text begin $11,000deleted text end new text begin $12,000 new text end per year in
the calendar year immediately before entering the program;
(iii) have assets of no more than deleted text begin $7,000deleted text end new text begin $10,000new text end , excluding the value of a
homestead; and
(iv) not have been claimed as a dependent on the federal tax return of another person
in the previous taxable year; and
(7) the program must be certified by the commissioner of employment and economic
development as meeting the requirements of this subdivision.
Minnesota Statutes 2014, section 116M.15, subdivision 1, is amended to read:
The Urban Initiative Board is created and
consists of the commissioner of employment and economic development, new text begin the commissioner
of human rights, new text end the chair of the Metropolitan Council, and eight members from the general
public appointed by the governor. Six of the public members must be representatives from
minority business enterprises. No more than four of the public members may be of one
gender. All public members must be experienced in business or economic development.
Minnesota Statutes 2014, section 383B.142, is amended to read:
The county board may by resolution
delegate the powers and duties enumerated in sections 383B.141 to deleted text begin 383B.151deleted text end new text begin 383B.1511new text end ,
and those powers and duties necessary to the implementation of the purposes of central
purchasing specifying the nature, scope and extent of the delegation. The authority and
responsibility subject to delegation shall include, but not be limited to the following:
(a) purchasing and contracting for all goods, materials, supplies, equipment and
contracted services, as provided in section 383B.143;
(b) preparation, review, modification and approval of all plans and specifications for
goods, materials, supplies, equipment and contracted services;
(c) the transfer of any goods, materials, supplies, equipment or contracted services to
or between departments, boards, commissions and agencies;
(d) selling or otherwise disposing of goods, materials, supplies, equipment and
contracted services which are unusable or no longer required; and
(e) periodically reviewing and requiring department heads to supply necessary data
concerning inventories and surpluses and monitoring compliance by department heads
with purchasing laws, rules, regulations and procedures.
Notwithstanding the provisions of section
373.02, the county board may delegate its purchasing powers and duties to the county
administrator. The county administrator, wherever referred to in sections 383B.141 to
deleted text begin 383B.151deleted text end new text begin 383B.1511new text end , may designate and delegate a purchasing manager or other person
to perform the tasks empowered or assigned to the county administrator. Any purchase in
excess of $3,500 shall require the signature of the county administrator or designee.
new text begin
(a) In this section, the definitions in this subdivision
apply.
new text end
new text begin
(b) "Job order contracting" means a project delivery method that requests a limited
number of bids from a list of qualified contractors, selected from a registry of qualified
contractors who have been prescreened and who have entered into master contracts with
the county, as provided in this section.
new text end
new text begin
(c) "Project" means an undertaking by the county to construct, alter, maintain, repair,
or enlarge a building, structure, road, or bridge, or make other improvements.
new text end
new text begin
(d) "Request for qualifications" means the document or publication soliciting
qualifications for a job order contracting contract.
new text end
new text begin
Notwithstanding any law to the contrary, the county may utilize
job order contracting for projects that do not exceed a construction cost of $250,000.
new text end
new text begin
(a) The county is
authorized to issue a request for qualifications that includes the criteria that will be
used for the projects, provided that these criteria (1) do not unduly restrict competition
or impose conditions beyond reasonable requirements, in order to ensure maximum
participation of all qualified contractors, and (2) do not relate to the collective bargaining
status of the contractor.
new text end
new text begin
(b) The request for qualifications must be publicized in a manner designated by the
county that ensures open and unrestricted access for any potential responder. To the extent
practical, this must include posting on a county Web site.
new text end
new text begin
(a) The county shall review the responses to the
request for qualifications and determine each proposer's ability to enter into the master
contract that will be utilized for the projects. The county shall establish a list of qualified
contractors based on the proposers' ability to enter into a master contract as described
in the request for qualifications.
new text end
new text begin
(b) The county may establish a reasonable limit to the number of contractors on the
registry of qualified contractors, based on the reasonable needs of the county. The county
may reserve up to 75 percent of the registry for certified small business enterprises that
may include minority-owned business enterprises, women-owned business enterprises,
and veteran-owned businesses. The remaining 25 percent of the registry may include
qualified businesses of any size or ownership.
new text end
new text begin
(c) The county shall establish procedures to allow firms to submit qualifications at
least every 24 months to allow placement on the list of contractors qualified to enter
into a master contract. The county is not prohibited from accepting qualifications more
frequently or on an ongoing or rolling basis.
new text end
new text begin
The county shall request bids for
construction services for any project using job order contracting from qualified contractors
as follows:
new text end
new text begin
(1) for projects up to a maximum cost of $50,000, the county shall request a
minimum of two bids;
new text end
new text begin
(2) for projects with a cost greater than $50,000, but less than or equal to $100,000,
the county shall request a minimum of three bids; and
new text end
new text begin
(3) for projects with a cost greater than $100,000, but less than or equal to $250,000,
the county shall request a minimum of four bids.
new text end
new text begin
The county shall select the contractor who
submits the lowest price bid for the construction services proposed. At the discretion of
the county, any or all bids may be rejected if it is determined to be in the best interest
of the county.
new text end
new text begin
The county, in requesting bidding for projects using job order contracting as described in
this section, shall develop a system to ensure a reasonable opportunity for all qualified
contractors to periodically bid on construction services.
new text end
new text begin
The authority to enter into new contracts under this section
expires on December 31, 2019.
new text end
new text begin
Hennepin County must provide reports to the chairs of the
committees in the senate and the house of representatives that have jurisdiction over local
government operations, describing the uses of the authority provided in this section.
Uses of the authority described in the reports may include identifying the total number
of projects where this procurement method was used, the total number of contractors
qualified by the county, and the total annual expenditures for projects under this section.
The first report must be made by January 15, 2018, and subsequent reports must be made
on January 15 of each subsequent even-numbered year.
new text end
new text begin
Mille Lacs County must develop and
implement a Lake Mille Lacs area economic relief program to assist businesses adversely
affected by a decline in walleye fishing on Lake Mille Lacs.
new text end
new text begin
(a) The economic relief program established under this
section may include grants or loans as provided in this section to the extent that funds are
available. Prior to awarding a grant to Mille Lacs County for the relief program under
this section:
new text end
new text begin
(1) the county must develop criteria, procedures, and requirements for:
new text end
new text begin
(i) determining eligibility for assistance;
new text end
new text begin
(ii) the duration, terms, underwriting and security requirements, and repayment
requirements for loans;
new text end
new text begin
(iii) evaluating applications for assistance;
new text end
new text begin
(iv) awarding assistance; and
new text end
new text begin
(v) administering the grant and loan program authorized under this section;
new text end
new text begin
(2) the county must submit its criteria, procedures, and requirements developed
pursuant to clause (1) to the commissioner of employment and economic development
for review; and
new text end
new text begin
(3) the commissioner must approve the criteria, procedures, and requirements as
developed pursuant to clause (1) to be used by the county in determining eligibility for
assistance, evaluating, awarding, and administering the grant and loan program.
new text end
new text begin
(b) The relief authorized under this section includes:
new text end
new text begin
(1) grants not to exceed $50,000 per business. Grants may be awarded to applicants
only when the county determines that a loan is not appropriate to address the needs of
the applicant; and
new text end
new text begin
(2) loans, with or without interest, and deferred or forgivable loans. The maximum
loan amount under this subdivision is $100,000 per business. The lending criteria adopted
by the county for loans under this subdivision must:
new text end
new text begin
(i) specify that an entity receiving a deferred or forgivable loan must remain in
the local community a minimum of five years after the date of the loan. The maximum
loan deferral period must not exceed five years from the date the loan is approved. The
maximum amount of a loan that may be forgiven must not exceed 50 percent of the
principle amount and may be forgiven only if the business has remained in operation in
the community for at least ten years after the loan is approved; and
new text end
new text begin
(ii) require submission of a business plan for continued operation until the walleye
fishing resource recovers. The plan must document the probable success of the applicant's
business plan and probable success in repaying the loan according to the terms established
for the loan program; and
new text end
new text begin
(3) tourism promotion grants to the Mille Lacs Tourism Council.
new text end
new text begin
(c) All loan repayment funds under this subdivision must be paid to the commissioner
of employment and economic development for deposit in the Minnesota investment fund
disaster contingency account under Minnesota Statutes, section 116J.8731.
new text end
new text begin
To qualify for assistance under this section, a
business must:
new text end
new text begin
(1) be located within one of the following municipalities surrounding Lake Mille
Lacs:
new text end
new text begin
(i) in Crow Wing County, the city of Garrison, township of Garrison, or township
of Roosevelt;
new text end
new text begin
(ii) in Aitkin County, the township of Hazelton, township of Wealthwood, township
of Malmo, or township of Lakeside; or
new text end
new text begin
(iii) in Mille Lacs County, the city of Isle, city of Wahkon, city of Onamia, township
of East Side, township of Isle Harbor, township of South Harbor, or township of Kathio;
new text end
new text begin
(2) document a reduction of at least ten percent in gross receipts in any two-year
period since 2010; and
new text end
new text begin
(3) be a business in one of the following industries, as defined within the
North American Industry Classification System: accommodation, restaurants, bars,
amusement and recreation, food and beverages retail, sporting goods, miscellaneous retail,
general retail, museums, historical sites, health and personal care, gas station, general
merchandise, business and professional membership, movies, or nonstore retailer, as
determined by Mille Lacs County in consultation with the commissioner of employment
and economic development.
new text end
new text begin
(a) Mille Lacs County must establish performance measures
that include, but are not limited to, the following components:
new text end
new text begin
(1) the number of loans approved and the amounts and terms of the loans;
new text end
new text begin
(2) the number of grants awarded, award amounts, and the reason that a grant award
was made in lieu of a loan;
new text end
new text begin
(3) the loan default rate;
new text end
new text begin
(4) the number of jobs created or retained as a result of the assistance, including
information on the wages and benefit levels, the status of the jobs as full-time or part-time,
and the status of the jobs as temporary or permanent;
new text end
new text begin
(5) the amount of business activity and changes in gross revenues of the grant or
loan recipient as a result of the assistance; and
new text end
new text begin
(6) the new tax revenue generated as a result of the assistance.
new text end
new text begin
(b) The commissioner of employment and economic development must monitor
Mille Lacs County's compliance with this section and the performance measures
developed under paragraph (a).
new text end
new text begin
(c) Mille Lacs County must comply with all requests made by the commissioner
under this section.
new text end
new text begin
Sections 116J.993 to 116J.995 do not
apply to assistance under this section. Businesses in receipt of assistance under this section
must provide for job creation and retention goals, and wage and benefit goals.
new text end
new text begin
The commissioner of employment and economic
development may use up to one percent of the appropriation made for this section for
administrative expenses of the department.
new text end
new text begin
This section, except for subdivision 4, is effective July 1,
2016, and expires June 30, 2017. Subdivision 4 is effective July 1, 2016, and expires on
the date the last loan is repaid or forgiven as provided under this section.
new text end
new text begin
Minnesota Statutes 2014, section 116U.26,
new text end
new text begin
is repealed.
new text end
Minnesota Statutes 2014, section 182.653, subdivision 9, is amended to read:
The commissioner shall adopt,
in accordance with section 182.655, a rule specifying a list of either standard industrial
classifications of employers or North American industry classifications of employers who
must comply with subdivision 8. The commissioner shall demonstrate the need to include
each industrial classification on the basis of the safety record or workers' compensation
record of that industry segment. An employer must comply with subdivision 8 six months
following the date the standard industrial classification or North American industry
classification that applies to the employee is placed on the list. deleted text begin An employer having less
than 51 employees must comply with subdivision 8 six months following the date the
standard industrial classification or North American industry classification that applies
to the employee is placed on the list or by July 1, 1993, whichever is later.deleted text end The list shall
be updated every deleted text begin twodeleted text end new text begin fivenew text end years.
new text begin
Minnesota Statutes 2014, sections 179A.50; 179A.51; 179A.52; and 179A.53,
new text end
new text begin
are
repealed.
new text end
Minnesota Statutes 2014, section 462A.204, subdivision 1, is amended to
read:
The agency may establish a family homeless
prevention and assistance program to assist families who are homeless or are at imminent
risk of homelessness. The term "family" may include single individuals. The agency may
make grants to develop and implement family homeless prevention and assistance projects
under the program. For purposes of this section, "families" means families and persons
deleted text begin under the age of 22deleted text end new text begin 24 years of age or youngernew text end .
Minnesota Statutes 2014, section 462A.204, subdivision 3, is amended to read:
At least one grant must be awarded in an area located outside of
the metropolitan area. A county, a group of contiguous counties jointly acting together, new text begin a
tribe, a group of tribes, new text end or a community-based nonprofit organization with a sponsoring
resolution from each of the county boards of the counties located within its operating
jurisdiction may apply for and receive grants for areas located outside the metropolitan area.
Laws 2015, First Special Session chapter 1, article 1, section 3, subdivision 3,
is amended to read:
Subd. 3.Housing Trust Fund
|
13,471,000 |
11,471,000 |
(a) This appropriation is for deposit in the
housing trust fund account created under
Minnesota Statutes, section 462A.201, and
may be used for the purposes provided in
that section. To the extent that these funds
are used for the acquisition of housing, the
agency shall give priority among comparable
projects to projects that focus on creating
safe and stable housing for homeless youth
or projects that provide housing to trafficked
women and children.
(b) $2,000,000 the first year is a onetime
appropriation for temporary rental assistance
for families with school-age children who
have changed their school or home at least
once in the last school year. The agency,
in consultation with the Department of
Education, may establish additional targeting
criteria.
new text begin
(c) $250,000 in the second year is an
appropriation for grants for the Exploited
Families Rental Assistance Program.
new text end
new text begin
(a) The commissioner of housing
finance shall establish a grant program within the housing trust fund to serve families
from emerging communities at risk of being homeless and who have been victims of
gender-based violence, including but not limited to domestic violence, sexual assault,
trafficking, international abusive marriage, or forced marriage. For the purposes of this
section, the term "gender-based violence" is defined as violence that is directed against a
woman because she is a woman or that affects women disproportionately; and the term
"emerging communities" is defined as refugee and immigrant communities who are less
established, who are unfamiliar with mainstream government services, or who have
limited English proficiency. The commissioner shall award grants to organizations that
can provide linguistically and culturally appropriate services and that have the capacity to
serve families who have experienced gender-based violence from emerging communities.
new text end
new text begin
(b) The program must:
new text end
new text begin
(1) provide rental assistance to individuals with a minor child at risk of being
homeless and who have been victims of domestic violence, sexual assault, trafficking,
international abusive marriage, or forced marriage;
new text end
new text begin
(2) require the participants to pay at least 30 percent of the participant's income
toward the rent;
new text end
new text begin
(3) allow the families to choose their own housing, including single-family homes,
townhomes, and apartments;
new text end
new text begin
(4) give priority to large families who experience barriers in accessing housing,
including having limited English proficiency, lack of positive rental history, employment
history, and financial history; and
new text end
new text begin
(5) require the program participants to be employed, or actively seeking employment,
or be engaged in activities that will assist them in gaining employment.
new text end
new text begin
All grant recipients must collect and make available
to the commissioner of the Housing Finance Agency aggregate data to assist the agency
in the evaluation of the program. The commissioner of housing finance shall evaluate
the program effectiveness and measure the number of families served from emerging
communities, the support services provided for families in seeking employment and
achieving economic stability, and the employment and housing status of the participants.
new text end
Minnesota Statutes 2014, section 176.081, subdivision 1, is amended to read:
(a) A fee for legal services of 20 percent of the
first $130,000 of compensation awarded to the employee is the maximum permissible fee
and does not require approval by the commissioner, compensation judge, or any other
party. All fees, including fees for obtaining medical or rehabilitation benefits, must be
calculated according to the formula under this subdivision, except as otherwise provided
in clause (1) or (2).
(1) The contingent attorney fee for recovery of monetary benefits according to the
formula in this section is presumed to be adequate to cover recovery of medical and
rehabilitation benefit or services concurrently in dispute. Attorney fees for recovery of
medical or rehabilitation benefits or services shall be assessed against the employer or
insurer only if the attorney establishes that the contingent fee is inadequate to reasonably
compensate the attorney for representing the employee in the medical or rehabilitation
dispute. In cases where the contingent fee is inadequate the employer or insurer is liable
for attorney fees based on the formula in this subdivision or in clause (2).
For the purposes of applying the formula where the employer or insurer is liable for
attorney fees, the amount of compensation awarded for obtaining disputed medical and
rehabilitation benefits under sections 176.102, 176.135, and 176.136 shall be the dollar
value of the medical or rehabilitation benefit awarded, where ascertainable.
(2) The maximum attorney fee for obtaining a change of doctor or qualified
rehabilitation consultant, or any other disputed medical or rehabilitation benefit for which
a dollar value is not reasonably ascertainable, is the amount charged in hourly fees for the
representation or $500, whichever is less, to be paid by the employer or insurer.
(3) The fees for obtaining disputed medical or rehabilitation benefits are included
in the $26,000 limit in paragraph (b). An attorney must concurrently file all outstanding
disputed issues. An attorney is not entitled to attorney fees for representation in any
issue which could reasonably have been addressed during the pendency of other issues
for the same injury.
(b) All fees for legal services related to the same injury are cumulative and may
not exceed $26,000. If multiple injuries are the subject of a dispute, the commissioner,
compensation judge, or court of appeals shall specify the attorney fee attributable to
each injury.
(c) If the employer or the insurer or the defendant is given written notice of claims
for legal services or disbursements, the claim shall be a lien against the amount paid
or payable as compensation. Subject to the foregoing maximum amount for attorney
fees, up to 20 percent of the first $130,000 of periodic compensation awarded to the
employee may be withheld from the periodic payments for attorney fees or disbursements
if the payor of the funds clearly indicates on the check or draft issued to the employee for
payment the purpose of the withholding, the name of the attorney, the amount withheld,
and the gross amount of the compensation payment before withholding. In no case
shall fees be calculated on the basis of any undisputed portion of compensation awards.
Allowable fees under this chapter shall be based solely upon genuinely disputed claims or
portions of claims, including disputes related to the payment of rehabilitation benefits or
to other aspects of a rehabilitation plan. The existence of a dispute is dependent upon a
disagreement after the employer or insurer has had adequate time and information to take
a position on liability. Neither the holding of a hearing nor the filing of an application for a
hearing alone may determine the existence of a dispute. Except where the employee is
represented by an attorney in other litigation pending at the department or at the Office
of Administrative Hearings, a fee may not be charged after June 1, 1996, for services
with respect to a medical or rehabilitation issue arising under section 176.102, 176.135,
or 176.136 performed before the employee has consulted with the department and the
department certifies that there is a dispute and that it has tried to resolve the dispute.
(d) An attorney who is claiming legal fees for representing an employee in a workers'
compensation matter shall file a statement of attorney fees with the commissionerdeleted text begin ,deleted text end new text begin or
new text end compensation judge before whom the matter was hearddeleted text begin , or Workers' Compensation Court
of Appeals on cases before the courtdeleted text end . A copy of the signed retainer agreement shall also
be filed. The employee and insurer shall receive a copy of the statement. The statement
shall be on a form prescribed by the commissioner and shall report the number of hours
spent on the case.
(e) Employers and insurers may not pay attorney fees or wages for legal services
of more than $26,000 per case.
(f) An attorney must file a statement of attorney fees within 12 months of the date
the attorney has submitted the written notice specified in paragraph (c). If the attorney
has not filed a statement of attorney fees within the 12 months, the attorney must send a
renewed notice of lien to the insurer. If 12 months have elapsed since the last notice of
lien has been received by the insurer and no statement of attorney fees has been filed, the
insurer must release the withheld money to the employee, except that before releasing the
money to the employee, the insurer must give the attorney 30 days' written notice of the
pending release. The insurer must not release the money if the attorney files a statement of
attorney fees within the 30 days.
Minnesota Statutes 2014, section 176.081, subdivision 3, is amended to read:
A party that is dissatisfied with deleted text begin itsdeleted text end attorney fees new text begin awarded by the
commissioner or a compensation judge new text end may file deleted text begin an applicationdeleted text end new text begin a petitionnew text end for review by the
Workers' Compensation Court of Appeals. The deleted text begin applicationdeleted text end new text begin petitionnew text end shall state the basis for
the need of review and whether or not a hearing is requested. A copy of the deleted text begin applicationdeleted text end new text begin
petitionnew text end shall be served new text begin by the court new text end upon the deleted text begin party'sdeleted text end attorney deleted text begin by the court administrator
and if a hearing is requested by either party, the matter shall be set for hearingdeleted text end new text begin awarded
or denied attorney feesnew text end . deleted text begin The notice of hearing shall be served upon known interested
parties.deleted text end The Workers' Compensation Court of Appeals shall have the authority to raise
the issue of the attorney fees at any time upon its own motion and shall have continuing
jurisdiction over attorney fees.
Minnesota Statutes 2014, section 176.471, subdivision 3, is amended to read:
To effect a review upon certiorari,
the party shall serve a writ of certiorari deleted text begin and a bonddeleted text end upon the administrator of the Workers'
Compensation Court of Appeals within the 30-day period referred to in subdivision 1. The
party shall also at this time pay to the deleted text begin administratordeleted text end new text begin clerk of the appellate courtsnew text end the fee
prescribed by rule deleted text begin 103.01deleted text end new text begin 116.03new text end of the Rules of Civil Appellate Procedure deleted text begin which shall be
disposed of in the manner provided by that ruledeleted text end .
Minnesota Statutes 2014, section 176.471, subdivision 5, is amended to read:
deleted text begin
The bond required by subdivision 3 shall be executed in such
amount and with such sureties as the Workers' Compensation Court of Appeals directs
and approves. The bond shall be conditioned to pay the cost of the review.
deleted text end
new text begin
The Workers'
Compensation Court of Appeals may, upon motion of any respondent and a showing that
extraordinary circumstances warrant the requirement of a cost bond, order that a bond be
provided as prescribed by rule 107.02 of the Rules of Civil Appellate Procedure.
new text end
Minnesota Statutes 2014, section 176.511, subdivision 2, is amended to read:
The commissioner or compensation judge, or
deleted text begin on appealdeleted text end the Workers' Compensation Court of Appealsnew text begin on cases before the courtnew text end , may
award the prevailing party reimbursement for actual and necessary disbursements. deleted text begin Thesedeleted text end
Disbursements shall be taxed upon deleted text begin fivedeleted text end new text begin tennew text end days' written notice to adverse parties.
Minnesota Statutes 2014, section 176.511, subdivision 3, is amended to read:
Where deleted text begin upon an appeal to the Workers'
Compensation Court of Appeals,deleted text end new text begin (1) new text end an award of compensation is affirmed, or modified
and affirmed, deleted text begin ordeleted text end new text begin (2) new text end an order disallowing compensation is reversed, new text begin or (3) a petition to
vacate an award is granted, new text end the Workers' Compensation Court of Appeals may include in
its award deleted text begin as an incident to its review on appealdeleted text end an amount to cover a reasonable attorney
feedeleted text begin ,deleted text end or deleted text begin itdeleted text end may allow deleted text begin thedeleted text end new text begin an attorneynew text end fee in a proceeding to tax disbursements.
If the employer or insurer files a notice of discontinuance of an employee's benefits
and an administrative conference is held to resolve the dispute, but the employer or insurer
fails to attend the administrative conference, the commissioner or compensation judge
may order the employer or insurer to pay the employee's attorney fees as a cost under this
section if the employee's benefits are continued.
new text begin
Sections 1 to 6 are effective the day following final enactment.
new text end
Minnesota Statutes 2015 Supplement, section 176.135, subdivision 7a,
is amended to read:
(a) For purposes of this subdivision, the
following terms have the meanings given:
(1) "workers' compensation payer" means a workers' compensation insurer and an
employer, or group of employers, that is self-insured for workers' compensation;
(2) "clearinghouse" has the meaning given in section 62J.51, subdivision 11a; and
(3) "electronic transactions" means the health care administrative transactions
described in section 62J.536.
(b) In addition to the requirements of section 62J.536, workers' compensation payers
and health care providers must comply with the requirements in paragraphs (c) to (e).
(c) No later than January 1, 2016, each workers' compensation payer must place
the following information in a prominent location on its Web site or otherwise provide
the information to health care providers:
(1) the name of each clearinghouse with which the workers' compensation payer has
an agreement to exchange or transmit electronic transactions, along with the identification
number each clearinghouse has assigned to the payer in order to route electronic
transactions through intermediaries or other clearinghouses to the payer;
(2) information about how a health care provider can obtain the claim number
assigned by the workers' compensation payer for an employee's claim and how the
provider should submit the claim number in the appropriate field on the electronic bill to
the payer; and
(3) the name, phone number, and e-mail address of contact persons who can answer
questions related to electronic transactions on behalf of the workers' compensation payer
and the clearinghouses with which the payer has agreements.
(d) No later than deleted text begin July 1, 2016deleted text end new text begin January 1, 2017new text end :
(1) health care providers must electronically submit copies of medical records or
reports that substantiate the nature of the charge and its relationship to the work injury
using the deleted text begin most recently approveddeleted text end new text begin ASC X12N 5010new text end version of the ASC X12N 275
transaction ("Additional Information to Support Health Care Claim or Encounter"),
according to the requirements in the corresponding implementation guide. The ASC X12N
275 transaction is the only one that shall be used to electronically submit attachments
unless a national standard is adopted by federal law or rule. If a new version of the
attachment transaction is approved, it must be used one year after the approval date;
(2) workers' compensation payers and all clearinghouses receiving or transmitting
workers' compensation bills must accept attachments using the ASC X12N 275 transaction
and must respond with the deleted text begin most recently approveddeleted text end new text begin ASC X12N 5010 version of thenew text end ASC
X12 electronic acknowledgment for the attachment transaction. If a new version of the
acknowledgment transaction is approved, it must be used one year after the approval
date; and
(3) if a different national claims attachment or acknowledgment requirement is
adopted by federal law or rule, it will replace the ASC X12N 275 transaction, and the new
standard must be used on the date that it is required by the federal law or rule.
(e) No later than September 1, 2015, workers' compensation payers must provide
the patient's name and patient control number on or with all payments made to a provider
under this chapter, whether payment is made by check or electronic funds transfer. The
information provided on or with the payment must be sufficient to allow providers to
match the payment to specific bills. If a bulk payment is made to a provider for more than
one patient, the check or electronic funds transfer statement must also specify the amount
being paid for each patient. For purposes of this paragraph, the patient control number is
located on the electronic health care claim 837 transaction, loop 2300, segment CLM01,
and on the electronic health care claim payment/advice 835 transaction, loop 2100, CLP01.
(f) The commissioner may assess a monetary penalty of $500 for each violation of
this section, not to exceed $25,000 for identical violations during a calendar year. Before
issuing a penalty for a first violation of this section, the commissioner must provide written
notice to the noncompliant payer, clearinghouse, or provider that a penalty may be issued
if the violation is not corrected within 30 days. Penalties under this paragraph are payable
to the commissioner for deposit in the assigned risk safety account.
Minnesota Statutes 2015 Supplement, section 176.136, subdivision 1b, is
amended to read:
(a) The liability of the employer for treatment,
articles, and supplies provided to an employee while an inpatient or outpatient at a Critical
Access Hospital certified by the Centers for Medicare and Medicaid Servicesnew text begin , or while an
outpatient at a hospital with 100 or fewer licensed beds, new text end shall be the hospital's usual and
customary charge, unless the charge is determined by the commissioner or a compensation
judge to be unreasonably excessive.
(b) The liability of the employer for the treatment, articles, and supplies that are not
limited by paragraph (a), subdivision 1a, 1c, or section 176.1362 shall be limited to 85
percent of the provider's usual and customary charge, or 85 percent of the prevailing
charges for similar treatment, articles, and supplies furnished to an injured person when
paid for by the injured person, whichever is lower. On this basis, the commissioner or
compensation judge may determine the reasonable value of all treatment, services, and
supplies, and the liability of the employer is limited to that amount. The commissioner
may by rule establish the reasonable value of a service, article, or supply in lieu of the
85 percent limitation in this paragraph. A prevailing charge established under Minnesota
Rules, part 5221.0500, subpart 2, must be based on no more than two years of billing data
immediately preceding the date of the service.
(c) The limitation of liability for charges provided by paragraph (b) does not apply
to a nursing home that participates in the medical assistance program and whose rates are
established by the commissioner of human services.
(d) An employer's liability for treatment, articles, and supplies provided under this
chapter by a health care provider located outside of Minnesota is limited to the payment that
the health care provider would receive if the treatment, article, or supply were paid under
the workers' compensation law of the jurisdiction in which the treatment was provided.
Minnesota Statutes 2014, section 176.571, subdivision 1, is amended to read:
When the head of a department has filed
a report or the commissioner of administration has otherwise received information of
the occurrence of an injury to a state employee for which liability to pay compensation
may exist, the commissioner of administration shall make a preliminary investigation to
determine the question of probable liability.
In making this investigation, the commissioner of administration may require the
assistance of the head of any department or any employee of the state. The commissioner
of deleted text begin management and budgetdeleted text end new text begin administrationnew text end may require that all facts be furnished which
appear in the records of any state department bearing on the issue.
new text begin
Sections 1 to 3 are effective the day following enactment.
new text end
Minnesota Statutes 2014, section 176.011, subdivision 7a, is amended to read:
deleted text begin (1)deleted text end Compensation judge. "Compensation judge" means a workers'
compensation judge at the Office of Administrative Hearings.
deleted text begin
(2) Calendar judge. "Calendar judge" means a workers' compensation judge at the
Office of Administrative Hearings.
deleted text end
deleted text begin (3) Compensation judge. "Compensation judge" means a compensation judge at
the Department of Labor and Industry.deleted text end Compensation judges may conduct settlement
conferences, issue summary decisions, approve settlements and issue awards thereon,
determine petitions for attorney fees and costs, and make other determinations,
decisions, orders, and awards as may be delegated to them by new text begin law or new text end the commissioner.
Compensation judges must be learned in the law.
Minnesota Statutes 2014, section 176.137, subdivision 1, is amended to read:
The employer shall furnish to an
employee who is permanently disabled because of a personal injury suffered in the course
of employment with that employer such alteration or remodeling of the employee's
principal residence as is reasonably required to enable the employee to move freely into
and throughout the residence and to otherwise adequately accommodate the disability.
Any remodeling or alteration shall be furnished only when the division deleted text begin or Workers'
Compensation Court of Appealsdeleted text end determines that the injury is to such a degree that the
employee is substantially prevented from functioning within the principal residence.
Minnesota Statutes 2014, section 176.137, subdivision 4, is amended to read:
(a) Except as provided in paragraph
(b), no award may be made except upon the certification of a licensed architect to the
division deleted text begin or Workers' Compensation Court of Appealsdeleted text end that the proposed alteration or
remodeling of an existing residence or the building or purchase of a new or different
residence is reasonably required for the purposes specified in subdivision 1. The Council on
Disability shall advise the division deleted text begin or Workers' Compensation Court of Appealsdeleted text end as provided
in section 256.482, subdivision 5, clause (7). The alteration or remodeling of an existing
residence, or the building or purchase of a new home must be done under the supervision
of a licensed architect relative to the specific needs to accommodate the disability.
(b) Remodeling or alteration projects do not require an architect's certification and
supervision if the project is:
(1) approved by the Council on Disability;
(2) performed by a residential building contractor or residential remodeler licensed
under section 326B.805, subdivision 1; and
(3) approved by a certified building official or certified accessibility specialist under
section 326B.133, subdivision 3a, paragraphs (b) and (d), who states in writing that the
proposed remodeling or alterations are reasonably required to enable the employee to move
freely into and throughout the residence and to otherwise accommodate the disability.
Minnesota Statutes 2014, section 176.137, is amended by adding a subdivision
to read:
new text begin
A proceeding to resolve a dispute under this section shall be
initiated by petition under sections 176.271 and 176.291 and decided by a compensation
judge at the office under section 176.305, 176.322, or 176.341. The decision of the
compensation judge is appealable to the Workers' Compensation Court of Appeals under
section 176.421.
new text end
Minnesota Statutes 2014, section 176.331, is amended to read:
Except in cases involving multiple employers or multiple insurers, if an adverse
party fails to file and serve an answer or obtain an extension from the commissioner or the
petitioner as required by section 176.321, subdivision 3, the commissioner shall refer the
matter to the chief administrative law judge for an immediate hearing and prompt award
or other order. The adverse party that failed to file an answer may appear at the hearing,
present evidence and question witnesses, but shall not be granted a continuance deleted text begin for any
reasondeleted text end new text begin except upon a showing of good causenew text end .
If an adverse party who fails to serve and file an answer is neither insured for
workers' compensation liability nor a licensed self-insured as required by section 176.181
and the special compensation fund is a party to the proceeding, the commissioner or
compensation judge may enter an order awarding benefits to the petitioning party without
a hearing if so requested by the special compensation fund.
Minnesota Statutes 2014, section 176.361, subdivision 1, is amended to read:
A person who has an interest in any matter
before the Workers' Compensation Court of Appeals, or commissioner, or compensation
judge such that the person may either gain or lose by an order or decision may intervene in
the proceeding by filing deleted text begin an application ordeleted text end new text begin anew text end motion in writing stating the facts which show
the interest. The commissioner is considered to have an interest and shall be permitted
to intervene at the appellate level when a party relies in its claim or defense upon any
statute or rule administered by the commissioner, or upon any rule, order, requirement, or
agreement issued or made under the statute or rule.
The commissioner may adopt rules, not inconsistent with this section to govern
intervention. The Workers' Compensation Court of Appeals shall adopt rules to govern the
procedure for intervention in matters before it.
If the Department of Human Services or the Department of Employment and
Economic Development seeks to intervene in any matter before the division, a
compensation judge or the Workers' Compensation Court of Appeals, a nonattorney
employee of the department, acting at the direction of the staff of the attorney general,
may prepare, sign, serve and file motions for intervention and related documents, deleted text begin appear
atdeleted text end new text begin attendnew text end prehearing conferences, and participate in matters before a compensation judge
or the Workers' Compensation Court of Appeals. Any other interested party may intervene
using a nonattorney and may participate in any proceeding to the same extent an attorney
could. This activity shall not be considered to be the unauthorized practice of law. An
intervenor represented by a nonattorney shall be deemed to be represented by an attorney
for the purposes of the conclusive presumption of section 176.521, subdivision 2.
Subdivisions 3 to 6 do not apply to deleted text begin matters pending in the mediation or rehabilitation
and medical services sectionsdeleted text end new text begin the following proceedings conducted by the Department
of Labor and Industry or the office: mediation proceedings; discontinuance conferences
under section 176.239; or administrative conferences under section 176.106new text end .
Minnesota Statutes 2014, section 176.361, subdivision 2, is amended to read:
A person desiring to intervene in a
workers' compensation case as a party, including but not limited to a health care provider
who has rendered services to an employee or an insurer who has paid benefits under
section 176.191, shall submit a timely written deleted text begin application ordeleted text end motion to intervene to the
commissioner, the office, or to the court of appeals, whichever is applicable.
(a) The deleted text begin application ordeleted text end motion must be served on all partiesnew text begin , except for other
intervenors,new text end either personally, by first class mail, or new text begin by new text end registered mail, return receipt
requested. deleted text begin An application ordeleted text end new text begin Anew text end motion to intervene must be served and filed within 60
days after a potential intervenor has been served with notice of a right to intervene or
within 30 days of notice of an administrative conference. Upon the filing of a timely
deleted text begin application ordeleted text end motion to intervene, the potential intervenor shall be granted intervenor
status without the need for an order. Objections to the intervention may be subsequently
addressed by a compensation judge. Where a motion to intervene is not timely filed
under this section, the potential intervenor interest shall be extinguished and the potential
intervenor may not collect, or attempt to collect, the extinguished interest from the
employee, employer, insurer, or any government program.
(b) The deleted text begin application ordeleted text end motion must show how the applicant's legal rights, duties, or
privileges may be determined or affected by the case; state the grounds and purposes for
which intervention is sought; and indicate the statutory right to intervene. The deleted text begin application
ordeleted text end motion must be accompanied by the following:
(1) an itemization of disability payments showing the period during which the
payments were or are being made; the weekly or monthly rate of the payments; and the
amount of reimbursement claimed;
(2) a summary of the medical or treatment payments, or rehabilitation services
provided by the Vocational Rehabilitation Unit, broken down by creditor, showing the
total bill submitted, the period of treatment or rehabilitation covered by that bill, the
amount of payment on that bill, and to whom the payment was made;
(3) copies of all medical or treatment bills deleted text begin on which somedeleted text end new text begin for whichnew text end payment deleted text begin was
madedeleted text end new text begin is soughtnew text end ;
(4) copies of the work sheets or other information stating how the payments on
medical or treatment bills were calculated;
(5) a copy of the relevant policy or contract provisions upon which the claim for
reimbursement is based;
(6) the name and telephone number of the person representing the intervenor who
has authority to new text begin represent the intervenor, including but not limited to the authority to
new text end reach a settlement of the issues in dispute;
(7) proof of service or copy of the registered mail receiptnew text begin evidencing service on all
parties except for other intervenorsnew text end ;
(8) at the option of the intervenor, a proposed stipulation which states that all of the
payments for which reimbursement is claimed are related to the injury or condition in
dispute in the case and that, if the petitioner is successful in proving the compensability of
the claim, it is agreed that the sum be reimbursed to the intervenor; and
(9) if represented by an attorney, the name, address, telephone number, and
Minnesota Supreme Court license number of the attorney.
Minnesota Statutes 2014, section 176.361, subdivision 3, is amended to read:
If the person submitting the deleted text begin application ordeleted text end motion deleted text begin for
interventiondeleted text end new text begin to intervenenew text end has included a proposed stipulation, all parties shall either
execute and return the signed stipulation to the intervenor who must file it with the
division or judge or serve upon the intervenor and all other parties and file with the
division specific and detailed objections to any payments made by the intervenor which
are not conceded to be correct and related to the injury or condition the petitioner has
asserted is compensable. If a party has not returned the signed stipulation or filed new text begin specific
and detailed new text end objections within 30 days of service of the deleted text begin application ordeleted text end motionnew text begin to intervenenew text end ,
the intervenor's right to reimbursement for the amount sought is deemed established
provided that the petitioner's claim is determined to be compensable.new text begin The office may
establish procedures for filing objections if a timely motion to intervene is filed less than
30 days before a scheduled hearing.
new text end
Minnesota Statutes 2014, section 176.361, subdivision 4, is amended to read:
deleted text begin Unless a stipulation has been signed and filed or
the intervenor's right to reimbursement has otherwise been established, the intervenor shall
attend all settlement or pretrial conferences, administrative conferences, and the hearing.
Failuredeleted text end new text begin A person who has submitted a timely written motion to intervene, as required by
subdivision 2, is not required to attend settlement or pretrial conferences or the hearing,
unless attendance is ordered by the compensation judge assigned to the case, pursuant to a
motion to require the intervenor's attendance filed by a party or as a matter of the judge's
discretion. A motion to require attendance must be served and filed at least 20 days before
a scheduled hearing, and the compensation judge must serve and file an order granting or
denying the motion at least ten days before a scheduled hearing. If attendance is ordered,
failure of the intervenornew text end to deleted text begin appeardeleted text end new text begin attend a proceeding either in person or, if approved by
the compensation judge, by telephone or some other electronic medium, new text end shall result in the
denial of the claim for reimbursementdeleted text begin .deleted text end new text begin except upon a showing of good cause. If attendance
has not been ordered, this subdivision does not prohibit an intervenor from attending a
conference or hearing in person, or from requesting permission from the compensation
judge to attend a conference or hearing by telephone or other electronic medium.
new text end
Minnesota Statutes 2014, section 176.361, subdivision 5, is amended to read:
If deleted text begin andeleted text end new text begin a specific and detailednew text end objection to intervention
remains following settlement or pretrial conferences, the issue shall be addressed at the
hearing.new text begin If the intervenor has not been ordered to attend the hearing pursuant to subdivision
4, or has received permission to attend the hearing by telephone or other electronic
medium, the intervenor may provide a written response to the objection before the hearing
according to subdivision 6 for consideration as a matter of discretion by the judge.
new text end
Minnesota Statutes 2014, section 176.361, subdivision 6, is amended to read:
Unless a stipulation has been
signed and filed or the intervenor's right to reimbursement has otherwise been established,
the intervenor shall present evidence in support of the claim at new text begin or before new text end the hearing deleted text begin unless
otherwise ordered by the compensation judgedeleted text end .new text begin When the intervenor has not been ordered
to attend the hearing pursuant to subdivision 4, or has received permission to attend the
hearing by telephone or other electronic medium, the office may establish a procedure
for submission of the intervenor's evidence and response to outstanding objections to
intervention. If the intervenor does not submit a written response to the objection before
the hearing, the compensation judge's determination on the objection must be based on
the information and evidence submitted prior to or at the hearing, as a matter of judicial
discretion.
new text end
Minnesota Statutes 2014, section 176.361, is amended by adding a subdivision
to read:
new text begin
The chief administrative law
judge may issue standing orders to implement this section. The chief administrative law
judge has the authority to issue standing orders instead of, or in addition to, the authority
granted to the office or compensation judges under this section, provided that any standing
order issued by the chief administrative law judge must be consistent with this section.
new text end
new text begin
This article is effective August 1, 2016.
new text end
Minnesota Statutes 2014, section 268.051, subdivision 5, is amended to read:
deleted text begin
(a) Each new taxpaying employer that does
not qualify for an experience rating under subdivision 3, except new employers in a high
experience rating industry, must be assigned, for a calendar year, a tax rate the higher of
(1) one percent, or (2) the tax rate computed, to the nearest 1/100 of a percent, by dividing
the total amount of unemployment benefits paid all applicants during the 48 calendar
months ending on June 30 of the prior calendar year by the total taxable wages of all
taxpaying employers during the same period, plus the applicable base tax rate and any
additional assessments under subdivision 2, paragraph (c).
deleted text end
deleted text begin
(b) Each new taxpaying employer in a high experience rating industry that does not
qualify for an experience rating under subdivision 3, must be assigned, for a calendar year,
a tax rate the higher of (1) that assigned under paragraph (a), or (2) the tax rate, computed
to the nearest 1/100 of a percent, by dividing the total amount of unemployment benefits
paid to all applicants from high experience rating industry employers during the 48
calendar months ending on June 30 of the prior calendar year by the total taxable wages
of all high experience rating industry employers during the same period, to a maximum
provided for under subdivision 3, paragraph (b), plus the applicable base tax rate and any
additional assessments under subdivision 2, paragraph (c).
deleted text end
deleted text begin
(c) An employer is considered to be in a high experience rating industry if:
deleted text end
deleted text begin
(1) the employer is engaged in residential, commercial, or industrial construction,
including general contractors;
deleted text end
deleted text begin
(2) the employer is engaged in sand, gravel, or limestone mining;
deleted text end
deleted text begin
(3) the employer is engaged in the manufacturing of concrete, concrete products,
or asphalt; or
deleted text end
deleted text begin
(4) the employer is engaged in road building, repair, or resurfacing, including bridge
and tunnels and residential and commercial driveways and parking lots.
deleted text end
new text begin
(a) Each new taxpaying employer that does not qualify for an experience rating
under subdivision 3 must be assigned, for the calendar year, a tax rate equal to the average
experience rating for the employer's industry, plus the applicable base tax rate and any
additional assessments under subdivision 2, paragraph (c). The tax rate assigned may not
be less than one percent.
new text end
new text begin
(b) The employer's industry, except for construction, is determined by the first two
digits of the North American Industrial Classification System (NAICS). The construction
industry is determined to five digits. For each calendar year, the commissioner must
compute, in accordance with subdivision 3, the average industry experience rating for
the employer's industry.
new text end
deleted text begin (d)deleted text end new text begin (c)new text end Regardless of any law to the contrary, a taxpaying employer must be
assigned a tax rate under this subdivision if the employer had no taxable wages during the
experience rating period under subdivision 3.
deleted text begin (e)deleted text end new text begin (d)new text end The commissioner must send to the new employer, by mail or electronic
transmission, a determination of tax rate. An employer may appeal the determination of
tax rate in accordance with deleted text begin the procedures indeleted text end subdivision 6, paragraph (c).
new text begin
This section is effective January 1, 2018, and applies to tax
rates assigned for the calendar year 2018 and thereafter.
new text end
Minnesota Statutes 2015 Supplement, section 268.07, subdivision 3b, is
amended to read:
(a) An application for
unemployment benefits is effective the Sunday of the calendar week that the application
was filed. An application for unemployment benefits may be backdated one calendar week
before the Sunday of the week the application was actually filed if the applicant requests
the backdating deleted text begin atdeleted text end new text begin within seven calendar days of new text end the deleted text begin timedeleted text end new text begin datenew text end the application is filed. An
application may be backdated only if the applicant was unemployed during the period of
the backdating. If an individual attempted to file an application for unemployment benefits,
but was prevented from filing an application by the department, the application is effective
the Sunday of the calendar week the individual first attempted to file an application.
(b) A benefit account established under subdivision 2 is effective the date the
application for unemployment benefits was effective.
(c) A benefit account, once established, may later be withdrawn only if:
(1) the applicant has not been paid any unemployment benefits on that benefit
account; and
(2) a new application for unemployment benefits is filed and a new benefit account is
established at the time of the withdrawal.
A determination or amended determination of eligibility or ineligibility issued under
section 268.101, that was sent before the withdrawal of the benefit account, remains in
effect and is not voided by the withdrawal of the benefit account.
(d) An application for unemployment benefits is not allowed before the Sunday
following the expiration of the benefit year on a prior benefit account. Except as allowed
under paragraph (c), an applicant may establish only one benefit account each 52 calendar
weeks. This paragraph applies to benefit accounts established under any federal law or
the law of any other state.
new text begin
This section is effective July 31, 2016, and applies to
applications for unemployment benefits filed after that date.
new text end
Minnesota Statutes 2014, section 268.095, subdivision 1, is amended to read:
An applicant who quit employment is ineligible for all
unemployment benefits according to subdivision 10 except when:
(1) the applicant quit the employment because of a good reason caused by the
employer as defined in subdivision 3;
(2) the applicant quit the employment to accept other covered employment
that provided deleted text begin substantiallydeleted text end new text begin equal or new text end better terms and conditions of employment, but
the applicant did not work long enough at the second employment to have sufficient
subsequent deleted text begin earningsdeleted text end new text begin wages paidnew text end to satisfy the period of ineligibility that would otherwise
be imposed under subdivision 10 for quitting the first employment;
(3) the applicant quit the employment within 30 calendar days of beginning the
employment deleted text begin becausedeleted text end new text begin andnew text end the employment was unsuitable deleted text begin for the applicantdeleted text end ;
(4) the employment was unsuitable deleted text begin for the applicantdeleted text end and the applicant quit to enter
reemployment assistance training;
(5) the employment was part time and the applicant also had full-time employment
in the base period, from which full-time employment the applicant separated because of
reasons for which the applicant deleted text begin was helddeleted text end new text begin isnew text end not deleted text begin to bedeleted text end ineligible, and the wage credits from
the full-time employment are sufficient to meet the minimum requirements to establish a
benefit account under section 268.07;
(6) the applicant quit because the employer notified the applicant that the applicant
was going to be laid off because of lack of work within 30 calendar days. An applicant
who quit employment within 30 calendar days of a notified date of layoff because of lack
of work is ineligible for unemployment benefits through the end of the week that includes
the scheduled date of layoff;
(7) the applicant quit the employment (i) because the applicant's serious illness or
injury made it medically necessary that the applicant quit; or (ii) in order to provide
necessary care because of the illness, injury, or disability of an immediate family member
of the applicant. This exception only applies if the applicant informs the employer of
the medical problem and requests accommodation and no reasonable accommodation
is made available.
If the applicant's serious illness is chemical dependency, this exception does not
apply if the applicant was previously diagnosed as 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.
This exception raises an issue of the applicant's being available for suitable
employment under section 268.085, subdivision 1, that the commissioner must determine;
(8) the applicant's loss of child care for the applicant's minor child caused the
applicant to quit the employment, provided the applicant made reasonable effort to obtain
other child care and requested time off or other accommodation from the employer and no
reasonable accommodation is available.
This exception raises an issue of the applicant's being available for suitable
employment under section 268.085, subdivision 1, that the commissioner must determine;
(9) the applicant quit because domestic abuse, sexual assault, or stalking of the
applicant or an immediate family member of the applicant, necessitated the applicant's
quitting the employment.
For purposes of this subdivision:
(i) "domestic abuse" has the meaning given in section 518B.01;
(ii) "sexual assault" means an act that would constitute a violation of sections
609.342 to 609.3453 or 609.352; and
(iii) "stalking" means an act that would constitute a violation of section 609.749; or
(10) the applicant quit in order to relocate to accompany a spousenew text begin :new text end
new text begin
(1) who is in the military; or
new text end
new text begin (2) new text end whose job new text begin was transferred by the spouse's employer to a new new text end location deleted text begin changeddeleted text end
making it impractical for the applicant to commute.
new text begin
This section is effective July 31, 2016, and applies to all
matters pending a determination or a decision by an unemployment law judge.
new text end
Minnesota Statutes 2014, section 268.101, subdivision 2, is amended to read:
(a) The commissioner must determine any issue of
ineligibility raised by information required from an applicant under subdivision 1,
paragraph (a) or (c), and send to the applicant and any involved employer, by mail or
electronic transmission, a document titled a determination of eligibility or a determination
of ineligibility, as is appropriate. The determination on an issue of ineligibility as a result
of a quit or a discharge of the applicant must state the effect on the employer under section
268.047. A determination must be made in accordance with this paragraph even if a
notified employer has not raised the issue of ineligibility.
(b) The commissioner must determine any issue of ineligibility raised by an
employer and send to the applicant and that employer, by mail or electronic transmission,
a document titled a determination of eligibility or a determination of ineligibility as is
appropriate. The determination on an issue of ineligibility as a result of a quit or discharge
of the applicant must state the effect on the employer under section 268.047.
If a base period employer:
(1) was not the applicant's most recent employer before the application for
unemployment benefits;
(2) did not employ the applicant during the six calendar months before the
application for unemployment benefits; and
(3) did not raise an issue of ineligibility as a result of a quit or discharge of the
applicant within ten calendar days of notification under subdivision 1, paragraph (b);
then any exception under section 268.047, subdivisions 2 and 3, begins the Sunday two
weeks following the week that the issue of ineligibility as a result of a quit or discharge of
the applicant was raised by the employer.
A communication from an employer must specifically set out why the applicant
should be determined ineligible for unemployment benefits for that communication to be
considered to have raised an issue of ineligibility for purposes of this section. A statement
of "protest" or a similar term without more information does not constitute raising an issue
of ineligibility for purposes of this section.
(c) Subject to section 268.031, an issue of ineligibility is determined based upon
that information required of an applicant, any information that may be obtained from an
applicant or employer, and information from any other source.
(d) Regardless of the requirements of this subdivision, the commissioner is not
required to send to an applicant a copy of the determination where the applicant has
satisfied a period of ineligibility because of a quit or a discharge under section 268.095,
subdivision 10.
(e) The commissioner may issue a determination on an issue of ineligibility deleted text begin at any
timedeleted text end within 24 months from the establishment of a benefit account based upon information
from any source, even if the issue of ineligibility was not raised by the applicant or an
employer. deleted text begin This paragraph does not prevent the imposition of a penalty on
deleted text end
new text begin Ifnew text end an applicant new text begin obtained unemployment benefits through fraud new text end under section 268.18,
subdivision 2, deleted text begin or 268.182deleted text end new text begin a determination of ineligibility may be issued within 48 months
of the establishment of the benefit accountnew text end .
(f) A determination of eligibility or determination of ineligibility is final unless an
appeal is filed by the applicant or deleted text begin notifieddeleted text end employer within 20 calendar days after sending.
The determination must contain a prominent statement indicating the consequences of not
appealing. Proceedings on the appeal are conducted in accordance with section 268.105.
(g) An issue of ineligibility required to be determined under this section includes
any question regarding the denial or allowing of unemployment benefits under this chapter
except for issues under section 268.07. An issue of ineligibility for purposes of this section
includes any question of effect on an employer under section 268.047.
deleted text begin
(h) Except for issues of ineligibility as a result of a quit or discharge of the applicant,
the employer will be (1) sent a copy of the determination of eligibility or a determination
of ineligibility, or (2) considered an involved employer for purposes of an appeal under
section 268.105, only if the employer raised the issue of ineligibility.
deleted text end
new text begin
This section is effective July 31, 2016, and applies to all
matters pending a determination.
new text end
Minnesota Statutes 2014, section 268.182, subdivision 2, is amended to read:
new text begin (a) new text end Any applicant who knowingly makes a false
statement or representation, who knowingly fails to disclose a material fact, or who makes
a false statement or representation without a good faith belief as to the correctness of the
statement or representation, in order to obtain or in an attempt to obtain unemployment
benefits may be assessed, in addition to any other penalties, an administrative penalty of
being ineligible for unemployment benefits for 13 to 104 weeks.
new text begin (b)new text end A determination of ineligibility setting out the weeks the applicant is ineligible
must be sent to the applicant by mail or electronic transmission.new text begin A determination of
ineligibility under this subdivision may be issued within 48 months of the establishment of
the benefit account upon which the unemployment benefits were obtained or attempted to
be obtained.new text end Unless an appeal is filed within 20 calendar days of sending, the determination
is final. Proceedings on the appeal are conducted in accordance with section 268.105.
new text begin
This section is effective July 31, 2016, and applies to all
matters pending a determination.
new text end
Minnesota Statutes 2014, section 268.035, subdivision 12, is amended to read:
(a) "Covered employment" means the following
unless excluded as "noncovered employment" under subdivision 20:
(1) an employee's entire employment during the calendar quarter if:
(i) the employment during the quarter is performed primarily in Minnesota;
(ii) the employment during the quarter is not performed primarily in Minnesota or
any other state but some of the employment is performed in Minnesota and the base
of operations or the place from which the employment is directed or controlled is in
Minnesota; or
(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 employee's residence is in Minnesota;
(2) an employee's entire employment during the calendar quarter performed within
the United States or Canada, if:
(i) the employment is not deleted text begin considereddeleted text end covered employment under the unemployment
insurance program of any other state, federal law, or the law of Canada; and
(ii) the place from which the employment is directed or controlled is in Minnesota;
(3) the employment during the calendar quarter, performed entirely outside deleted text begin ofdeleted text end the
United States and Canada, by an employee who is a United States citizen in the employ of
an American employer if the employer's principal place of business in the United States is
located in Minnesota. An "American employer," 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; and
(4) all employment during the calendar quarter performed by an officer or member
of the crew of an American vessel on or in connection with the vessel, if the operating
office from which the operations of the vessel operating on navigable waters within, or
within and without, the United States are ordinarily and regularly supervised, managed,
directed, and controlled is in Minnesota.
(b) "Covered employment" includes covered agricultural employment under
subdivision 11.
(c) For the purposes of deleted text begin satisfying the period of ineligibility underdeleted text end section 268.095,
deleted text begin subdivision 10,deleted text end "covered employment" includes deleted text begin covereddeleted text end employment new text begin covered new text end under an
unemployment insurance program:
(1) of any other state; or
(2) established by an act of Congress.
new text begin
This section is effective July 31, 2016, and applies to all
matters pending a determination or a decision by an unemployment law judge
new text end
Minnesota Statutes 2014, section 268.035, subdivision 29, is amended to read:
(a) "Wages" means all compensation for employment, including
commissions; bonuses, awards, and prizes; severance payments; standby pay; vacation and
holiday pay; back pay as of the date of payment; tips and gratuities paid to an employee by
a customer of an employer and accounted for by the employee to the employer; sickness
and accident disability payments, except as otherwise provided in this subdivision; and
the cash value of housing, utilities, meals, exchanges of services, and any other goods
and services provided to compensate an employee, except:
(1) the amount of any payment made to, or on behalf of, an employee under a plan
established by an employer that makes provision for employees generally or for a class or
classes of employees, including any amount paid by an employer for insurance or annuities,
or into a plan, to provide for a payment, on account of (i) retirement or (ii) medical and
hospitalization expenses in connection with sickness or accident disability, or (iii) death;
(2) the payment by an employer of the tax imposed upon an employee under United
States Code, title 26, section 3101 of the Federal Insurance Contribution Act, with respect
to compensation paid to an employee for domestic employment in a private household of
the employer or for agricultural employment;
(3) any payment made to, or on behalf of, an employee or beneficiary (i) from or
to a trust described in United States Code, title 26, section 401(a) of the federal Internal
Revenue Code, that is exempt from tax under section 501(a) at the time of the payment
unless the payment is made to an employee of the trust as compensation for services as an
employee and not as a beneficiary of the trust, or (ii) under or to an annuity plan that, at
the time of the payment, is a plan described in section 403(a);
(4) the value of any special discount or markdown allowed to an employee on goods
purchased from or services supplied by the employer where the purchases are optional and
do not constitute regular or systematic payment for services;
(5) customary and reasonable directors' fees paid to individuals who are not
otherwise employed by the corporation of which they are directors;
(6) the payment to employees for reimbursement of meal expenses when employees
are required to perform work after their regular hours;
(7) the payment into a trust or plan for purposes of providing legal or dental services
if provided for all employees generally or for a class or classes of employees;
(8) the value of parking facilities provided or paid for by an employer, in whole or in
part, if provided for all employees generally or for a class or classes of employees;
(9) royalties to an owner of a franchise, license, copyright, patent, oil, mineral,
or other right;
(10) advances or reimbursements for traveling or other bona fide ordinary and
necessary expenses incurred or reasonably expected to be incurred in the business of the
employer. Traveling and other reimbursed expenses must be identified either by making
separate payments or by specifically indicating the separate amounts where both wages
and expense allowances are combined in a single payment;
(11) residual payments to radio, television, and similar artists that accrue after
the production of television commercials, musical jingles, spot announcements, radio
transcriptions, film sound tracks, and similar activities;
(12) the income to a former employee resulting from the exercise of a nonqualified
stock option;
(13) deleted text begin payments made to supplementdeleted text end new text begin supplementalnew text end unemployment deleted text begin benefitsdeleted text end new text begin benefit
paymentsnew text end under a plan established by an employer, deleted text begin that makes provisions for employees
generally or for a class or classes of employees under the written terms of an agreement,
contract, trust arrangement, or other instrumentdeleted text end new text begin if the payment is not wages under the
Federal Unemployment Tax Actnew text end . The deleted text begin plan must provide supplementaldeleted text end payments new text begin are
wages unless made new text end solely for the supplementing of weekly state or federal unemployment
benefits. deleted text begin The plan must provide supplemental payments only for those weeks the applicant
has been paid regular, extended, or additional unemployment benefits. The supplemental
payments, when combined with the applicant's weekly unemployment benefits paid, may
not exceed the applicant's regular weekly pay. The plan must not allow the assignment
ofdeleted text end Supplemental new text begin unemployment benefit new text end payments deleted text begin or provide for any type of additional
payment. The plan must not requiredeleted text end new text begin may not be assigned, nor maynew text end any consideration new text begin be
required new text end from the applicant, other than a release of claimsdeleted text begin , and must not be designed for
the purpose of avoiding the payment of Social Security obligations, or unemployment
taxes on money disbursed from the plandeleted text end new text begin in order to be excluded from wagesnew text end ;
(14) sickness or accident disability payments made by the employer after the
expiration of six calendar months following the last calendar month that the individual
worked for the employer;
(15) disability payments made under the provisions of any workers' compensation
law;
(16) sickness or accident disability payments made by a third-party payer such as
an insurance company; or
(17) payments made into a trust fund, or for the purchase of insurance or an annuity,
to provide for sickness or accident disability payments to employees under a plan or
system established by the employer that provides for the employer's employees generally
or for a class or classes of employees.
(b) Nothing in this subdivision excludes from the term "wages" any payment
made under any type of salary reduction agreement, including payments made under a
cash or deferred arrangement and cafeteria plan, as defined in United States Code, title
26, sections 401(k) and 125 of the federal Internal Revenue Code, to the extent that the
employee has the option to receive the payment in cash.
(c) Wages includes the total payment to the operator and supplier of a vehicle or
other equipment where the payment combines compensation for personal services as well
as compensation for the cost of operating and hiring the equipment in a single payment.
This paragraph does not apply if:
(1) there is a preexisting written agreement providing for allocation of specific
amounts; or
(2) at the time of each payment there is a written deleted text begin acknowledgementdeleted text end new text begin acknowledgment
new text end indicating the separate allocated amounts.
(d) Wages includes payments made for services as a caretaker. Unless there is a
contract or other proof to the contrary, compensation is considered as being equally
received by a married couple where the employer makes payment to only one spouse, or
by all tenants of a household who perform services where two or more individuals share
the same dwelling and the employer makes payment to only one individual.
(e) Wages includes payments made for services by a migrant family. Where services
are performed by a married couple or a family and an employer makes payment to only
one individual, each worker is considered as having received an equal share of the
compensation unless there is a contract or other proof to the contrary.
(f) Wages includes advances or draws against future earnings, when paid, unless
the payments are designated as a loan or return of capital on the books of the employer
at the time of payment.
(g) Wages includes payments made by a subchapter "S" corporation, as organized
under the Internal Revenue Code, to or on behalf of officers and shareholders that are
reasonable compensation for services performed for the corporation.
For a subchapter "S" corporation, wages does not include:
(1) a loan for business purposes to an officer or shareholder evidenced by a
promissory note signed by an officer before the payment of the loan proceeds and recorded
on the books and records of the corporation as a loan to an officer or shareholder;
(2) a repayment of a loan or payment of interest on a loan made by an officer to the
corporation and recorded on the books and records of the corporation as a liability;
(3) a reimbursement of reasonable corporation expenses incurred by an officer and
documented by a written expense voucher and recorded on the books and records of
the corporation as corporate expenses; and
(4) a reasonable lease or rental payment to an officer who owns property that is
leased or rented to the corporation.
Minnesota Statutes 2015 Supplement, section 268.085, subdivision 2, is
amended to read:
An applicant is ineligible for unemployment benefits for
any week:
(1) that occurs before the effective date of a benefit account;
(2) that the applicant, at deleted text begin the beginning ofdeleted text end new text begin any time duringnew text end the week, has an
outstanding fraud overpayment balance under section 268.18, subdivision 2, including
any penalties and interest;
(3) that occurs in a period when the applicant is a student in attendance at, or on
vacation from a secondary school including the period between academic years or terms;
(4) that the applicant is incarcerated or performing court-ordered community service.
The applicant's weekly unemployment benefit amount is reduced by one-fifth for each day
the applicant is incarcerated or performing court-ordered community service;
(5) that the applicant fails or refuses to provide information on an issue of
ineligibility required under section 268.101;
(6) that the applicant is performing services 32 hours or more, in employment,
covered employment, noncovered employment, volunteer work, or self-employment
regardless of the amount of any earnings; or
(7) with respect to which the applicant has filed an application for unemployment
benefits under any federal law or the law of any other state. If the appropriate agency
finally determines that the applicant is not entitled to establish a benefit account under
federal law or the law of any other state, this clause does not apply.
Minnesota Statutes 2014, section 268.0865, subdivision 3, is amended to read:
(a) A continued request for unemployment benefits by electronic
transmission must be filed to that electronic mail address, telephone number, or Internet
address prescribed by the commissioner for that applicant. In order to constitute a
continued request, all information asked for, including information authenticating that the
applicant is sending the transmission, must be provided in the format required. If all of the
information asked for is not provided, the communication does not constitute a continued
request for unemployment benefits.
(b) The new text begin continued request by new text end electronic transmission deleted text begin communicationdeleted text end must be filed
new text begin within four calendar weeks following the week for which payment is requested new text end on the
deleted text begin datedeleted text end new text begin day of the weeknew text end and during the time of day designated for the applicant deleted text begin for filing a
continued request by electronic transmissiondeleted text end .
(c) deleted text begin If the electronic transmission continued request is not filed as required under
paragraph (b), a continued request by electronic transmission must be accepted if the
applicant files the continued request by electronic transmission within three calendar
weeks following the week for which payment is requested.deleted text end If the continued request by
electronic transmission is not filed within deleted text begin threedeleted text end new text begin fournew text end calendar weeks following the week
for which payment is requested, the electronic continued request will not be accepted
and the applicant is ineligible for unemployment benefits for the period covered by the
continued request, unless the applicant shows good cause for failing to file the continued
request by electronic transmission within the time period required.
Minnesota Statutes 2014, section 268.0865, subdivision 4, is amended to read:
(a) A
continued request for unemployment benefits by mail must be on a form prescribed by
the commissioner. The form, in order to constitute a continued request, must be totally
completed and signed by the applicant. The form must be filed by mail, in an envelope
with postage prepaid, and sent to the address designated deleted text begin during the week following the
week for which payment is requested.
deleted text end
deleted text begin (b) If the mail continued request for unemployment benefits is not filed as required
under paragraph (a), a continued request must be accepted if the form is filed by mail
deleted text end within deleted text begin threedeleted text end new text begin fournew text end calendar weeks following the week for which payment is requested.
new text begin (b) new text end If the new text begin continued request new text end form is not filed within deleted text begin threedeleted text end new text begin fournew text end calendar weeks
following the week for which payment is requested, the form will not be accepted and the
applicant is ineligible for unemployment benefits deleted text begin for the period covered by the continued
request for unemployment benefits,deleted text end unless the applicant shows good cause for failing to
file the form by mail within the time period required.
(c) If the applicant has been designated to file a continued request for unemployment
benefits by mail, an applicant may submit the form by facsimile transmission within
deleted text begin threedeleted text end new text begin fournew text end calendar weeks following the week for which payment is requested. A form
submitted by facsimile transmission must be sent only to the telephone number assigned
for that purpose.
(d) An applicant who has been designated to file a continued request by mail may
personally deliver a continued request form only to the location to which the form was
otherwise designated to be mailed.
Minnesota Statutes 2014, section 268.095, subdivision 2, is amended to read:
(a) A quit from employment occurs when the decision to end
the employment was, at the time the employment ended, the employee's.
new text begin
(b) When determining if an applicant quit, the theory of a constructive quit does
not apply.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end An employee who has been notified that the employee will be discharged in
the future, who chooses to end the employment while employment in any capacity is still
available, deleted text begin is considered to havedeleted text end new text begin hasnew text end quit the employment.
deleted text begin (c)deleted text end new text begin (d)new text end An employee who seeks to withdraw a previously submitted notice of quitting
deleted text begin is considered to havedeleted text end new text begin hasnew text end quit the employment, as of the intended date of quitting, if the
employer does not agree that the notice may be withdrawn.
deleted text begin (d)deleted text end new text begin (e)new text end An applicant deleted text begin whodeleted text end new text begin has quit employment with a staffing service ifnew text end , within
five calendar days after completion of a suitable job assignment from a staffing servicenew text begin ,
the applicant:
new text end
(1) fails without good cause to affirmatively request an additional suitable job
assignmentdeleted text begin ,deleted text end new text begin ;
new text end
(2) refuses without good cause an additional suitable job assignment offereddeleted text begin ,deleted text end new text begin ;new text end or
(3) accepts employment with the client of the staffing servicedeleted text begin , is considered to have
quit employment with the staffing servicedeleted text end . Accepting employment with the client of the
staffing service meets the requirements of the exception to ineligibility under subdivision
1, clause (2).
This paragraph applies only if, at the time of beginning of employment with the
staffing service, the applicant signed and was provided a copy of a separate document
written in clear and concise language that informed the applicant of this paragraph and
that unemployment benefits may be affected.
For purposes of this paragraph, "good cause" is a reason that deleted text begin is significant anddeleted text end would
compel an average, reasonable worker, who would otherwise want an additional suitable
job assignment with the staffing service (1) to fail to contact the staffing service, or (2)
to refuse an offered assignment.
Minnesota Statutes 2014, section 268.095, subdivision 5, is amended to read:
(a) A discharge from employment occurs when any
words or actions by an employer would lead a reasonable employee to believe that the
employer will no longer allow the employee to work for the employer in any capacity. A
layoff because of lack of work is deleted text begin considereddeleted text end a discharge. A suspension from employment
without pay of more than 30 calendar days is deleted text begin considereddeleted text end a discharge.
new text begin
(b) When determining if an applicant was discharged, the theory of a constructive
discharge does not apply.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end An employee who gives notice of intention to quit the employment and is not
allowed by the employer to work the entire notice period is deleted text begin considereddeleted text end discharged from
the employment as of the date the employer will no longer allow the employee to work. If
the discharge occurs within 30 calendar days before the intended date of quitting, then,
as of the intended date of quitting, the separation from employment is deleted text begin considereddeleted text end a quit
from employment subject to subdivision 1.
deleted text begin (c)deleted text end new text begin (d)new text end The end of a job assignment with the client of a staffing service is deleted text begin considered
deleted text end a discharge from employment with the staffing service unless subdivision 2, paragraph
(d), applies.
Minnesota Statutes 2014, section 268.18, is amended to read:
(a) Any applicant who (1)
because of a determination or amended determination issued under section 268.07 or
268.101, or any other section of this chapter, or (2) because of an unemployment law
judge's decision under section 268.105, has received any unemployment benefits that the
applicant was held not entitled to, new text begin is overpaid the benefits, and new text end must promptly repay the
deleted text begin unemploymentdeleted text end benefits to the trust fund.
(b) If the applicant fails to repay the unemployment benefits overpaid, deleted text begin the
commissioner may offset from any future unemployment benefits otherwise payable the
amount of the overpayment. Except when the overpayment resulted because the applicant
failed to report deductible earnings or deductible or benefit delaying payments, no single
offset may exceed 50 percent of the amount of the payment from which the offset is made.
The overpayment may alsodeleted text end new text begin including any penalty and interest assessed under subdivisions
2 and 2b, the total due maynew text end be collected by the methods allowed under state and federal law.
deleted text begin
(c) If an applicant has been overpaid unemployment benefits under the law of
another state, because of a reason other than fraud, and that state certifies that the applicant
is liable under its law to repay the unemployment benefits and requests the commissioner
to recover the overpayment, the commissioner may offset from future unemployment
benefits otherwise payable the amount of overpayment, except that no single offset may
exceed 50 percent of the amount of the payment from which the offset is made.
deleted text end
(a) deleted text begin Anydeleted text end new text begin Annew text end applicant deleted text begin who receivesdeleted text end new text begin has
committed fraud if the applicant is overpaidnew text end unemployment benefits bynew text begin :
new text end
new text begin (1)new text end knowingly misrepresenting, misstating, or failing to disclose any material factdeleted text begin ,deleted text end new text begin ;
new text end or deleted text begin who makes
deleted text end
new text begin (2) makingnew text end a false statement or representation without a good faith belief as to the
correctness of the statement or representationdeleted text begin , has committed frauddeleted text end .
After the discovery of facts indicating fraud, the commissioner must deleted text begin makedeleted text end new text begin issuenew text end a
determination deleted text begin that the applicant obtained unemployment benefits by fraud and that the
applicant must promptly repay the unemployment benefits to the trust fund. In addition, the
commissioner must assessdeleted text end new text begin of overpayment penalty, assessingnew text end a penalty equal to 40 percent
of the amount deleted text begin fraudulently obtaineddeleted text end new text begin overpaidnew text end . This penalty is in addition to penalties under
section 268.182. deleted text begin The dete