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Minnesota Legislature

Office of the Revisor of Statutes

SF 507

as introduced - 88th Legislature (2013 - 2014) Posted on 02/19/2013 08:26am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to labor; restricting public subsidies for certain organizations that engage
in lockouts; imposing penalties; amending Minnesota Statutes 2012, section
268.184, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 268.184, subdivision 1, is amended to read:


Subdivision 1.

Administrative penalties.

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

(b) The commissioner must penalize an employer if that employer or any employee,
officer, or agent of that employer (1) made a false statement or representation knowing it
to be false, (2) made a false statement or representation without a good faith belief as to
correctness of the statement or representation, (3) knowingly failed to disclose a material
fact, or (4) made an offer of employment to an applicant when, in fact, the employer had
no employment available.

The penalty is the greater of $500 or 50 percent of the following resulting from the
employer's action:

(i) the amount of any overpaid unemployment benefits to an applicant;

(ii) the amount of unemployment benefits not paid to an applicant that would
otherwise have been paid; or

(iii) the amount of any payment required from the employer under this chapter or
section 116L.20 that was not paid.

(c) The commissioner must penalize an employer if that employer failed or refused
to honor a subpoena issued under section 268.105, subdivision 4, or section 268.188. The
penalty is $500 and any costs of enforcing the subpoena, including attorney fees.

new text begin (d) The commissioner must penalize an employer engaged in a lockout as defined
under section 179.01, subdivision 9. The amount of the penalty shall be twice the amount
of unemployment benefits paid during the period the employer engaged in the lockout.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end Penalties under this subdivision and under section 268.047, subdivision 4,
paragraph (b), are in addition to any other penalties and subject to the same collection
procedures that apply to past due taxes. Penalties must be paid within 30 calendar days of
issuance of the determination of penalty and credited to the trust fund.

deleted text begin (e)deleted text endnew text begin (f)new text end The determination of penalty is final unless the employer files an appeal
within 20 calendar days after the sending of the determination of penalty to the employer
by mail or electronic transmission. Proceedings on the appeal are conducted in accordance
with section 268.105.

Sec. 2. new text beginPUBLIC SUBSIDIES FOR ORGANIZATIONS ENGAGED IN
EMPLOYEE LOCKOUTS; PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this section have the meanings
given.
new text end

new text begin (b) "Lockout" has the meaning given under Minnesota Statutes, section 179.01,
subdivision 9.
new text end

new text begin (c) "Local government agency" includes a statutory or home rule charter city,
housing and redevelopment authority, town, county, port authority, economic development
authority, community development agency, nonprofit entity created by a local government
agency, or any other entity created by or authorized by a local government with authority
to provide public subsidies.
new text end

new text begin (d) "Organization" means any nonprofit or for profit business entity that receives a
public subsidy.
new text end

new text begin (e) "Public subsidy" means a state or local government agency grant, contribution
of personal property, real property, infrastructure, the principal amount of a loan at rates
below those commercially available to the recipient, any reduction or deferral of any tax
or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any
preferential use of government facilities given to an organization. To qualify as a public
subsidy, the value must be $150,000 or greater.
new text end

new text begin Subd. 2. new text end

new text begin Subsidies prohibited during a lockout. new text end

new text begin (a) An organization that institutes,
causes, or declares a lockout may be issued a penalty under subdivision 4 by the state or
local government agency that provided the public subsidy.
new text end

new text begin Subd. 3. new text end

new text begin Market analysis. new text end

new text begin In the event of a lockout, the state or local government
agency shall contact the Minnesota State Board of Investment and request a valuation of
the public subsidy that was given to the organization. The board shall perform a market
analysis to determine the value of the public subsidy to the organization for the period of
time the organization is engaged in a lockout.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin The state or local government agency is authorized to impose a
penalty on the organization equal to the value of the public subsidy determined by the
board under subdivision 3.
new text end