SF 4316

as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 11:52am

A bill for an act
relating to commerce; authorizing recovery of state-imposed examination or
investigation costs in certain circumstances; regulating informal disposition of
examinations and authority to charge licensees for the cost of examinations; limiting
certain assessments; reducing appropriations for unfilled positions at the Department
of Commerce; limiting growth in employment for the Department of Commerce;
requiring a report; amending Minnesota Statutes 2018, sections 15.471, subdivisions
4, 6; 46.131, by adding a subdivision; 60A.033, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 15.471, subdivision 4, is amended to read:

Subd. 4.

Expenses.

"Expenses" means the costs incurred by the party in the litigation,
including:

(1) filing fees;

(2) subpoena fees and mileage;

(3) transcript costs and court reporter fees;

(4) expert witness fees;

(5) the reasonable cost of any study, analysis, engineering report, test, or project;

(6) photocopying and printing costs;

(7) postage and delivery costs; deleted text begin and
deleted text end

(8) service of process fees new text begin ; and
new text end

new text begin (9) state-imposed examination or investigative costs new text end .

Sec. 2.

Minnesota Statutes 2018, section 15.471, subdivision 6, is amended to read:

Subd. 6.

Party.

(a) Except as modified by paragraph (b), "party" means a person named
or admitted as a party, or seeking and entitled to be admitted as a party, in a court action or
contested case proceeding, or a person admitted by an administrative law judge for limited
purposes, and who is deleted text begin :
deleted text end

deleted text begin (1) deleted text end an unincorporated business, partnership, corporation, association, or organization deleted text begin ,
having not more than 500 employees at the time the civil action was filed or the contested
case proceeding was initiated; and deleted text end new text begin .
new text end

deleted text begin (2) an unincorporated business, partnership, corporation, association, or organization
whose annual revenues did not exceed $7,000,000 at the time the civil action was filed or
the contested case proceeding was initiated.
deleted text end

(b) "Party" also includes a partner, officer, shareholder, member, or owner of an entity
described in paragraph (a) deleted text begin , clauses (1) and (2) deleted text end .

(c) "Party" does not include a person providing services pursuant to licensure or
reimbursement on a cost basis by the Department of Health or the Department of Human
Services, when that person is named or admitted or seeking to be admitted as a party in a
matter which involves the licensing or reimbursement rates, procedures, or methodology
applicable to those services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to contested cases initiated on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 46.131, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Limitations on assessments. new text end

new text begin The sum of the assessments levied under
subdivision 7 for a fiscal period beginning on July 1 and ending June 30 thereafter must not
exceed 100 percent of the sum of the assessments levied for the fiscal period beginning one
year prior.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2018, section 60A.033, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

new text begin Informal disposition. new text end

new text begin The commissioner must in good faith attempt to
informally resolve any alleged violations of law identified during the examination or
investigation using a consent order or other informal resolution or disposition. The terms
of a consent order or other informal disposition that prescribes compliance requirements
must not be inconsistent with or supersede the requirements of Minnesota law, nor may the
terms be identical or substantially similar to the compliance requirements in a consent order
entered into by another licensee. Any consent order containing identical or substantially
similar requirements is unlawful rulemaking in violation of section 14.381, with a licensee
having the remedies available for the violation. If requested by a licensee, the commissioner
or the commissioner's designee must enter into any informally agreed upon consent order
contemporaneously with its delivery to the department. Upon the department's delivery of
a proposed informal settlement, the department's authority under sections 45.027, subdivision
1, clause (8); 60A.03, subdivision 5; and 60A.031, subdivision 3, paragraph (c), to charge
the licensee for the costs of the investigation or examination terminates.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin LIMITING THE GROWTH IN DEPARTMENT OF COMMERCE
EMPLOYMENT BASED ON STATE POPULATION.
new text end

new text begin The percentage growth of the total number of full-time equivalent positions employed
by the Department of Commerce from one fiscal year to the next must not exceed the
percentage growth of the state population during the same time frame, as projected by the
state demographer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text begin REDUCING APPROPRIATIONS FOR UNFILLED POSITIONS.
new text end

new text begin The general fund and nongeneral fund appropriations to the Department of Commerce
for agency operations for the biennium ending June 30, 2021, are reduced for salary and
benefit amounts attributable to positions that are not filled within 180 days of the job posting
for the position. This section applies only to positions that are posted in fiscal years 2020
and 2021. Reductions made under this section must be reflected as reductions in agency
base budgets for fiscal years 2022 and 2023. The commissioner of management and budget
must report to the chairs and ranking minority members of the senate and the house of
representatives committees having jurisdiction over commerce and finance regarding the
amount of appropriations reductions under this section. This section expires December 31,
2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end