SF 2674

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to economic development; regulating business 
  1.3             subsidies; amending Minnesota Statutes 2002, section 
  1.4             116J.994, by adding a subdivision; Minnesota Statutes 
  1.5             2003 Supplement, section 116J.994, subdivisions 4, 9. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.8   116J.994, subdivision 4, is amended to read: 
  1.9      Subd. 4.  [WAGE AND JOB GOALS.] The subsidy agreement, in 
  1.10  addition to any other goals, must include:  (1) goals for the 
  1.11  number of jobs created, which may include separate goals for the 
  1.12  number of part-time or full-time jobs, or, in cases where job 
  1.13  loss is specific and demonstrable, goals for the number of jobs 
  1.14  retained; (2) wage goals for any jobs created or retained; and 
  1.15  (3) wage goals for any jobs to be enhanced through increased 
  1.16  wages.  After a public hearing, if the creation or retention of 
  1.17  jobs is determined not to be a goal, the wage and job goals may 
  1.18  be set at zero.  The goals for the number of jobs to be created 
  1.19  or retained must result in job creation or retention by the 
  1.20  recipient within the granting jurisdiction overall. 
  1.21     In addition to other specific goal time frames, the wage 
  1.22  and job goals must contain specific goals to be attained within 
  1.23  two years of the benefit date. 
  1.24     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  1.25  116J.994, subdivision 9, is amended to read: 
  2.1      Subd. 9.  [COMPILATION AND SUMMARY REPORT.] The Department 
  2.2   of Employment and Economic Development must publish a 
  2.3   compilation and summary of the results of the reports for the 
  2.4   previous calendar year by August 1 of 2004 and every other year 
  2.5   thereafter.  The reports of the government agencies to the 
  2.6   department and the compilation and summary report of the 
  2.7   department must be made available to the public.  The 
  2.8   commissioner must make copies of all business subsidy reports 
  2.9   submitted by local and state granting agencies available on the 
  2.10  department's Web site by October 1 of the year in which they 
  2.11  were submitted.  
  2.12     The commissioner must coordinate the production of reports 
  2.13  so that useful comparisons across time periods and across 
  2.14  grantors can be made.  The commissioner may add other 
  2.15  information to the report as the commissioner deems necessary to 
  2.16  evaluate business subsidies.  Among the information in the 
  2.17  summary and compilation report, the commissioner must include: 
  2.18     (1) total amount of subsidies awarded in each development 
  2.19  region of the state; 
  2.20     (2) distribution of business subsidy amounts by size of the 
  2.21  business subsidy; 
  2.22     (3) distribution of business subsidy amounts by time 
  2.23  category; 
  2.24     (4) distribution of subsidies by type and by public 
  2.25  purpose; 
  2.26     (5) percent of all business subsidies that reached their 
  2.27  goals; 
  2.28     (6) percent of business subsidies that did not reach their 
  2.29  goals by two years from the benefit date; 
  2.30     (7) total dollar amount of business subsidies that did not 
  2.31  meet their goals after two years from the benefit date; 
  2.32     (8) percent of subsidies that did not meet their goals and 
  2.33  that did not receive repayment; 
  2.34     (9) list of recipients that have failed to meet the terms 
  2.35  of a subsidy agreement in the past five years and have not 
  2.36  satisfied their repayment obligations; 
  3.1      (10) number of part-time and full-time jobs within separate 
  3.2   bands of wages; and 
  3.3      (11) benefits paid within separate bands of wages.  
  3.4      Sec. 3.  Minnesota Statutes 2002, section 116J.994, is 
  3.5   amended by adding a subdivision to read: 
  3.6      Subd. 11.  [ENFORCEMENT.] (a) For purposes of this 
  3.7   subdivision, "residence" means the place where an individual has 
  3.8   established a permanent home from which the individual has no 
  3.9   present intention of moving.  
  3.10     (b) A person with residence in or an owner of taxable 
  3.11  property located in the jurisdiction of the grantor may bring an 
  3.12  action for equitable relief arising out of the failure of the 
  3.13  grantor to comply with sections 116J.993 to 116J.995.  The court 
  3.14  may award a prevailing party in an action under this subdivision 
  3.15  costs and reasonable attorney fees. 
  3.16     (c) An action under this section must be commenced within 
  3.17  180 days after approval of the subsidy agreement under 
  3.18  subdivision 3, paragraph (d). 
  3.19     Sec. 4.  [EFFECTIVE DATE; APPLICATION.] 
  3.20     Section 3 is effective August 1, 2004, and applies to 
  3.21  subsidy agreements entered into on or after that date.