as introduced - 91st Legislature, 2019 1st Special Session (2019 - 2020) Posted on 05/29/2019 01:12pm
A bill for an act
relating to state government; appropriating money for jobs, economic development,
energy, and commerce; modifying economic development programs; establishing
wage theft prevention; modifying labor and industry policy provisions; modifying
commerce policy provisions; modifying energy policy provisions; adopting
Unemployment Insurance Advisory Council provisions; adopting Workers'
Compensation Advisory Council provisions; modifying fees; increasing civil and
criminal penalties; requiring reports; amending Minnesota Statutes 2018, sections
15.72, subdivision 2; 16C.285, subdivision 3; 46.131, subdivisions 10, 11; 82B.021,
subdivisions 14, 15; 82B.073, by adding a subdivision; 82B.09, subdivision 3;
82B.095, by adding a subdivision; 82B.11, subdivision 6, by adding a subdivision;
82B.13, subdivision 1; 82B.195, subdivision 2; 82B.21; 116C.7792; 175.20; 175.46,
subdivisions 3, 13; 176.011, by adding subdivisions; 176.1812, subdivision 2;
176.231; 176.253; 176.2611, subdivisions 2, 5, 6; 176.275; 176.281; 176.285;
176.312; 177.27, subdivision 2, by adding a subdivision; 177.30; 177.32,
subdivision 1; 181.03, by adding subdivisions; 181.032; 181.101; 216B.16, by
adding a subdivision; 216B.1642, subdivision 2; 216B.2422, subdivision 1, by
adding a subdivision; 216B.62, subdivision 3b; 216C.435, subdivisions 3a, 8;
216C.436, subdivision 4, by adding a subdivision; 268.035, subdivisions 4, 12,
15, 20; 268.044, subdivisions 2, 3; 268.046, subdivision 1; 268.047, subdivision
3; 268.051, subdivision 2a; 268.057, subdivision 5; 268.069, subdivision 1; 268.07,
subdivision 1; 268.085, subdivisions 3, 3a, 13a, by adding subdivisions; 268.095,
subdivisions 6, 6a; 268.105, subdivision 6; 268.145, subdivision 1; 268.18,
subdivisions 2b, 5; 326B.082, subdivisions 6, 8, 12; 326B.103, subdivision 11;
326B.106, subdivision 9; 326B.46, by adding a subdivision; 326B.475, subdivision
4; 326B.821, subdivision 21; 326B.84; 337.10, subdivision 4; 341.30, subdivision
1; 341.32, subdivision 1; 341.321; 345.41; 469.074, by adding a subdivision;
469.081, by adding a subdivision; 469.089, by adding a subdivision; 609.52,
subdivisions 1, 2, 3; Laws 2017, chapter 94, article 1, section 2, subdivision 3;
article 10, sections 28; 29; proposing coding for new law in Minnesota Statutes,
chapters 116J; 116L; 176; 177; 181; 345; repealing Minnesota Statutes 2018,
sections 82B.021, subdivision 17; 82B.095, subdivision 2; 82B.10, subdivisions
1, 2, 3, 4, 5, 6, 8, 9; 82B.11, subdivision 2; 82B.12; 82B.13, subdivisions 1a, 3, 4,
5, 6, 7, 8; 82B.14; 325F.75; 345.45.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin JOBS, ECONOMIC DEVELOPMENT, ENERGY, AND COMMERCE
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(a) The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2020" and "2021" used in this article mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2020, or June 30, 2021,
respectively. "The first year" is fiscal year 2020. "The second year" is fiscal year 2021. "The
biennium" is fiscal years 2020 and 2021.
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(b) If an appropriation in this article is enacted more than once in the 2019 regular or
special legislative session, the appropriation must be given effect only once.
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APPROPRIATIONS new text end |
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Available for the Year new text end |
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Ending June 30 new text end |
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2020 new text end |
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2021 new text end |
Sec. 2. new text begin DEPARTMENT OF EMPLOYMENT
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new text begin Subdivision 1. new text end
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Total Appropriation
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$ new text end |
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126,574,000 new text end |
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$ new text end |
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119,224,000 new text end |
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Appropriations by Fund new text end |
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2020 new text end |
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2021 new text end |
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General new text end |
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91,037,000 new text end |
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85,487,000 new text end |
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Remediation new text end |
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700,000 new text end |
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700,000 new text end |
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Workforce Development new text end |
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34,837,000 new text end |
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33,037,000 new text end |
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The amounts that may be spent for each
purpose are specified in the following
subdivisions.
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new text begin Subd. 2. new text end
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Business and Community Development
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44,931,000 new text end |
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42,381,000 new text end |
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Appropriations by Fund new text end |
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General new text end |
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40,756,000 new text end |
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38,206,000 new text end |
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Remediation new text end |
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700,000 new text end |
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700,000 new text end |
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Workforce Development new text end |
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3,475,000 new text end |
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3,475,000 new text end |
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(a) $1,787,000 each year is for the greater
Minnesota business development public
infrastructure grant program under Minnesota
Statutes, section 116J.431. This appropriation
is available until June 30, 2023.
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(b) $1,425,000 each year is for the business
development competitive grant program. Of
this amount, up to five percent is for
administration and monitoring of the business
development competitive grant program. All
grant awards shall be for two consecutive
years. Grants shall be awarded in the first year.
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(c) $1,772,000 each year is for contaminated
site cleanup and development grants under
Minnesota Statutes, sections 116J.551 to
116J.558. This appropriation is available until
June 30, 2023.
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(d) $700,000 each year is from the remediation
fund for contaminated site cleanup and
development grants under Minnesota Statutes,
sections 116J.551 to 116J.558. This
appropriation is available until June 30, 2023.
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(e) $139,000 each year is for the Center for
Rural Policy and Development.
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(f) $25,000 each year is for the administration
of state aid for the Destination Medical Center
under Minnesota Statutes, sections 469.40 to
469.47.
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(g) $875,000 each year is for the host
community economic development program
established in Minnesota Statutes, section
116J.548.
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(h) $125,000 each year is from the workforce
development fund for a grant to the White
Earth Nation for the White Earth Nation
Integrated Business Development System to
provide business assistance with workforce
development, outreach, technical assistance,
infrastructure and operational support,
financing, and other business development
activities. This is a onetime appropriation.
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(i) $450,000 each year is from the workforce
development fund for a grant to Enterprise
Minnesota, Inc. for the small business growth
acceleration program under Minnesota
Statutes, section 116O.115. This is a onetime
appropriation.
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(j) $250,000 the first year is for a grant to the
Rondo Community Land Trust for
improvements to leased commercial space in
the Selby Milton Victoria Project that will
create long-term affordable space for small
businesses and for build-out and development
of new businesses.
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(k) $400,000 each year is from the workforce
development fund for a grant to the
Metropolitan Economic Development
Association (MEDA) for statewide business
development and assistance services, including
services to entrepreneurs with businesses that
have the potential to create job opportunities
for unemployed and underemployed people,
with an emphasis on minority-owned
businesses. This is a onetime appropriation.
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(l) $750,000 in fiscal year 2020 is for grants
to local communities to increase the supply of
quality child care providers to support
economic development. At least 60 percent of
grant funds must go to communities located
outside of the seven-county metropolitan area
as defined under Minnesota Statutes, section
473.121, subdivision 2. Grant recipients must
obtain a 50 percent nonstate match to grant
funds in either cash or in-kind contributions.
Grant funds available under this section must
be used to implement projects to reduce the
child care shortage in the state, including but
not limited to funding for child care business
start-ups 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 that have demonstrated a
shortage of child care providers in the area.
This is a onetime appropriation. Within one
year of receiving grant funds, grant recipients
must report to the commissioner on the
outcomes of the grant program, including but
not limited to the number of new providers,
the number of additional child care provider
jobs created, the number of additional child
care slots, and the amount of cash and in-kind
local funds invested.
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(m) $750,000 in fiscal year 2020 is for a grant
to the Minnesota Initiative Foundations. This
is a onetime appropriation and is available
until June 30, 2023. The Minnesota Initiative
Foundations must use grant funds under this
section to:
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(1) facilitate planning processes for rural
communities resulting in a community solution
action plan that guides decision making to
sustain and increase the supply of quality child
care in the region to support economic
development;
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(2) engage the private sector to invest local
resources to support the community solution
action plan and ensure quality child care is a
vital component of additional regional
economic development planning processes;
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(3) provide locally based training and technical
assistance to rural child care business owners
individually or through a learning cohort.
Access to financial and business development
assistance must prepare child care businesses
for quality engagement and improvement by
stabilizing operations, leveraging funding from
other sources, and fostering business acumen
that allows child care businesses to plan for
and afford the cost of providing quality child
care; or
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(4) recruit child care programs to participate
in Parent Aware, Minnesota's quality and
improvement rating system, and other high
quality measurement programs. The Minnesota
Initiative Foundations must work with local
partners to provide low-cost training,
professional development opportunities, and
continuing education curricula. The Minnesota
Initiative Foundations must fund, through local
partners, an enhanced level of coaching to
rural child care providers to obtain a quality
rating through Parent Aware or other high
quality measurement programs.
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(n)(1) $650,000 each year from the workforce
development fund is for grants to the
Neighborhood Development Center for small
business programs. This is a onetime
appropriation.
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(2) Of the amount appropriated in the first
year, $150,000 is for outreach and training
activities outside the seven-county
metropolitan area, as defined in Minnesota
Statutes, section 473.121, subdivision 2.
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(o) $8,000,000 each year is for the Minnesota
job creation fund under Minnesota Statutes,
section 116J.8748. Of this amount, the
commissioner of employment and economic
development may use up to three percent for
administrative expenses. This appropriation
is available until expended.
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(p)(1) $11,970,000 each year is for the
Minnesota investment fund under Minnesota
Statutes, section 116J.8731. Of this amount,
the commissioner of employment and
economic development may use up to three
percent for administration and monitoring of
the program. In fiscal year 2022 and beyond,
the base amount is $12,370,000. This
appropriation is available until expended.
Notwithstanding Minnesota Statutes, section
116.8731, funds appropriated to the
commissioner for the Minnesota investment
fund may be used for the redevelopment
program under Minnesota Statutes, sections
116J.575 and 116J.5761, at the discretion of
the commissioner. Grants under this paragraph
are not subject to the grant amount limitation
under Minnesota Statutes, section 116J.8731.
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(2) Of the amount appropriated in the first
year, $2,000,000 is for a loan to a paper mill
in Duluth for a retrofit project that will support
the operation and manufacture of packaging
paper grades. The company that owns the
paper mill must spend $20,000,000 on project
activities by December 31, 2020, in order to
be eligible to receive this loan. Loan funds
may be used for purchases of materials,
supplies, and equipment for the project and
are available from July 1, 2019, to July 30,
2021. The commissioner of employment and
economic development shall forgive 25
percent of the loan each year after the second
year during a five-year period if the mill has
retained at least 200 full-time equivalent
employees and has satisfied other performance
goals and contractual obligations as required
under Minnesota Statutes, section 116J.8731.
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(q) $700,000 in fiscal year 2020 is for the
airport infrastructure renewal (AIR) grant
program under Minnesota Statutes, section
116J.439.
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(r) $100,000 in fiscal year 2020 is for a grant
to FIRST in Upper Midwest to support
competitive robotics teams. Funds must be
used to make up to five awards of no more
than $20,000 each to Minnesota-based public
entities or private nonprofit organizations for
the creation of competitive robotics hubs.
Awards may be used for tools, equipment, and
physical space to be utilized by robotics teams.
At least 50 percent of grant funds must be used
outside of the seven-county metropolitan area,
as defined under Minnesota Statutes, section
473.121, subdivision 2. The grant recipient
shall report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over jobs and economic growth
by February 1, 2021, on the status of awards
and include information on the number and
amount of awards made, the number of
customers served, and any outcomes resulting
from the grant. The grant requires a 50 percent
match from nonstate sources.
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(s) $1,000,000 each year is for the Minnesota
emerging entrepreneur loan program under
Minnesota Statutes, section 116M.18. Funds
available under this paragraph are for transfer
into the emerging entrepreneur program
special revenue fund account created under
Minnesota Statutes, chapter 116M, and are
available until expended. Of this amount, up
to four percent is for administration and
monitoring of the program.
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(t) $163,000 each year is for the Minnesota
Film and TV Board. The appropriation in each
year is available only upon receipt by the
board of $1 in matching contributions of
money or in-kind contributions from nonstate
sources for every $3 provided by this
appropriation, except that each year up to
$50,000 is available on July 1 even if the
required matching contribution has not been
received by that date.
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(u) $12,000 each year is for a grant to the
Upper Minnesota Film Office.
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(v) $500,000 each year is from the general
fund for a grant to the Minnesota Film and TV
Board for the film production jobs program
under Minnesota Statutes, section 116U.26.
This appropriation is available until June 30,
2023.
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(w) $4,195,000 each year is for the Minnesota
job skills partnership program under
Minnesota Statutes, sections 116L.01 to
116L.17. If the appropriation for either year
is insufficient, the appropriation for the other
year is available. This appropriation is
available until expended.
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(x) $1,350,000 each year is from the
workforce development fund for jobs training
grants under Minnesota Statutes, section
116L.42.
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(y) $2,500,000 each year is for Launch
Minnesota. This is a onetime appropriation
and funds are available until June 30, 2023.
Of this amount:
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(1) $1,600,000 each year is for innovation
grants to eligible Minnesota entrepreneurs or
start-up businesses to assist with their
operating needs;
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(2) $450,000 each year is for administration
of Launch Minnesota; and
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(3) $450,000 each year is for grantee activities
at Launch Minnesota.
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(z) $500,000 each year is from the workforce
development fund for a grant to Youthprise
to give grants through a competitive process
to community organizations to provide
economic development services designed to
enhance long-term economic self-sufficiency
in communities with concentrated East African
populations. Such communities include but
are not limited to Faribault, Rochester, St.
Cloud, Moorhead, and Willmar. To the extent
possible, Youthprise must make at least 50
percent of these grants to organizations serving
communities located outside the seven-county
metropolitan area, as defined in Minnesota
Statutes, section 473.121, subdivision 2.This
is a onetime appropriation and is available
until June 30, 2022.
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(aa) $125,000 each year is for a grant to the
Hmong Chamber of Commerce to train
ethnically Southeast Asian business owners
and operators in better business practices. This
is a onetime appropriation.
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new text begin Subd. 3. new text end
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Employment and Training Programs
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27,209,000 new text end |
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27,209,000 new text end |
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Appropriations by Fund new text end |
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General new text end |
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5,532,000 new text end |
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5,532,000 new text end |
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Workforce Development new text end |
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21,677,000 new text end |
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21,677,000 new text end |
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(a) $250,000 each year is for the higher
education career advising program.
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(b) $500,000 each year from the general fund
and $500,000 each year from the workforce
development fund are for rural career
counseling coordinators in the workforce
service areas and for the purposes specified
under Minnesota Statutes, section 116L.667.
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(c) $750,000 each year is for the women and
high-wage, high-demand, nontraditional jobs
grant program under Minnesota Statutes,
section 116L.99. Of this amount, up to five
percent is for administration and monitoring
of the program.
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(d)(1) $150,000 each year is from the
workforce development fund for a grant to the
Regional Center for Entrepreneurial
Facilitation hosted by a county or higher
education institution. Funds available under
this paragraph must be used to provide
entrepreneur and small business development
direct professional business assistance services
in the following counties in Minnesota: Blue
Earth, Brown, Faribault, Le Sueur, Martin,
Nicollet, Sibley, Watonwan, and Waseca. For
the purposes of this paragraph, "direct
professional business assistance services" must
include but is not limited to payment of
overhead costs, pre-venture assistance for
individuals considering starting a business,
and services for underserved populations,
agricultural businesses, and students. This
appropriation is not available until the
commissioner determines that an equal amount
is committed from nonstate sources. This
appropriation is onetime and available until
June 30, 2021.
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(2) Grant recipients shall report to the
commissioner by February 1, 2021, and
include information on the number of
customers served in each county; the number
of businesses started, stabilized, or expanded;
the number of jobs created and retained; and
business success rates in each county. By April
1, 2021, the commissioner shall report the
information submitted by grant recipients to
the chairs and ranking minority members of
the standing committees of the house of
representatives and senate having jurisdiction
over economic development issues.
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(e) $1,000,000 each year is from the workforce
development fund for a grant to Summit
Academy OIC to expand their contextualized
GED and employment placement program and
STEM program. This is a onetime
appropriation.
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(f) $125,000 each year is 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.
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(g) $125,000 each year is from the workforce
development fund for a grant to the YWCA
of St. Paul to provide job training services and
workforce development programs and
services, including job skills training and
counseling. This is a onetime appropriation.
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(h) $100,000 each year is from the workforce
development fund for displaced homemaker
programs under Minnesota Statutes, section
116L.96. The commissioner, through the adult
career pathways program, shall distribute the
funds to existing nonprofit and state displaced
homemaker programs. This is a onetime
appropriation.
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(i) $150,000 each year is from the workforce
development fund for a grant to Hennepin
County for the Cedar Riverside Partnership.
This is a onetime appropriation.
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(j) $4,604,000 each year is from the workforce
development fund and $1,094,000 each year
is from the general fund for the pathways to
prosperity competitive grant program. Of this
amount, up to four percent is for
administration and monitoring of the program.
The base amount from the general fund in
fiscal year 2022 and beyond is $2,546,000.
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(k) $150,000 each year is from the workforce
development fund for a grant to Better Futures
Minnesota to provide job skills training to
individuals who have been released from
incarceration for a felony-level offense and
are no more than 12 months from the date of
release. This is a onetime appropriation.
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(l) $188,000 each year is for a grant to
AccessAbility Incorporated to provide job
skills training to individuals who have been
released from incarceration for a felony-level
offense and are no more than 12 months from
the date of release. AccessAbility Incorporated
shall annually report to the commissioner on
how the money was spent and what results
were achieved. The report must include, at a
minimum, information and data about the
number of participants; participant
homelessness, employment, recidivism, and
child support compliance; and training
provided to program participants. This is a
onetime appropriation.
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(m) $250,000 each year is from the workforce
development fund for Propel Nonprofits,
formerly known as the Nonprofits Assistance
Fund, to make grants for infrastructure support
to small nonprofit organizations that serve
historically underserved cultural communities.
This is a onetime appropriation.
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(n) $50,000 each year is from the workforce
development fund for grants to the Minnesota
Grocers Association Foundation for Carts to
Careers, a statewide initiative to promote
careers, conduct outreach, provide job skills
training, and grant scholarships for careers in
the retail food industry. This is a onetime
appropriation.
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(o) $500,000 each year is from the workforce
development fund for a grant to the American
Indian Opportunities and Industrialization
Center, in collaboration with the Northwest
Indian Community Development Center, to
reduce academic disparities for American
Indian students and adults. This is a onetime
appropriation. The grant funds may be used
to provide:
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(1) student tutoring and testing support
services;
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(2) training and employment placement in
information technology;
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(3) training and employment placement within
trades;
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(4) assistance in obtaining a GED;
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(5) remedial training leading to enrollment
and to sustain enrollment in a postsecondary
higher education institution;
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(6) real-time work experience in information
technology fields and in the trades;
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(7) contextualized adult basic education;
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(8) career and educational counseling for
clients with significant and multiple barriers;
and;
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(9) reentry services and counseling for adults
and youth.
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After notification to the chairs and minority
leads of the legislative committees with
jurisdiction over jobs and economic
development, the commissioner may transfer
this appropriation to the commissioner of
education.
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(p) $250,000 each year is from the workforce
development fund for a grant to EMERGE
Community Development, in collaboration
with community partners, for services
targeting Minnesota communities with the
highest concentrations of African and
African-American joblessness, based on the
most recent census tract data, to provide
employment readiness training, credentialed
training placement, job placement and
retention services, supportive services for
hard-to-employ individuals, and a general
education development fast track and adult
diploma program. This is a onetime
appropriation.
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(q) $400,000 each year is from the workforce
development fund for a grant to the
Minneapolis Foundation for a strategic
intervention program designed to target and
connect program participants to meaningful,
sustainable living-wage employment. This is
a onetime appropriation.
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(r) $375,000 each year is from the workforce
development 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. Grant funds must be
used to:
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(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;
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(2) increase the number of high schools in
Minnesota offering construction classes during
the academic year that utilize a multicraft
curriculum;
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(3) increase the number of summer internship
opportunities;
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(4) enhance activities to support graduating
seniors in their efforts to obtain employment
in the construction industry;
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(5) increase the number of young adults
employed in the construction industry and
ensure that they reflect Minnesota's diverse
workforce; and
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(6) enhance an industrywide marketing
campaign targeted to youth and young adults
about the depth and breadth of careers within
the construction industry.
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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.
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(s) $625,000 each year is from the workforce
development fund for a grant to Latino
Communities United in Service (CLUES) to
expand culturally tailored programs that
address employment and education skill gaps
for working parents and underserved youth by
providing new job skills training to stimulate
higher wages for low-income people, family
support systems designed to reduce
intergenerational poverty, and youth
programming to promote educational
advancement and career pathways. At least
50 percent of this amount must be used for
programming targeted at greater Minnesota.
This is a onetime appropriation.
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(t) $700,000 each year is from the workforce
development fund for performance grants
under Minnesota Statutes, section 116J.8747,
to Twin Cities R!SE to provide training to
hard-to-train individuals. This is a onetime
appropriation and funds are available until
June 30, 2022.
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(u) $100,000 each year is from the workforce
development fund for grants to Minnesota
Diversified Industries, Inc. to provide
progressive development and employment
opportunities for people with disabilities. This
is a onetime appropriation.
new text end
new text begin
(v) $875,000 each year is from the workforce
development fund for a grant to the Minnesota
High Tech Association to support
SciTechsperience, a program that supports
science, technology, engineering, and math
(STEM) internship opportunities for two- and
four-year college students and graduate
students in their field of study. The internship
opportunities must match students with paid
internships within STEM disciplines at small,
for-profit companies located in Minnesota
having fewer than 250 employees worldwide.
At least 200 students must be matched in the
first year and at least 200 students must be
matched in the second year. No more than 15
percent of the hires may be graduate students.
Selected hiring companies shall receive from
the grant 50 percent of the wages paid to the
intern, capped at $2,500 per intern. The
program must work toward increasing the
participation among women or other
underserved populations. This is a onetime
appropriation.
new text end
new text begin
(w) $500,000 each year is from the workforce
development fund for the Opportunities
Industrialization Center programs. This
appropriation shall be divided equally among
the eligible centers.
new text end
new text begin
(x) $250,000 each year is from the workforce
development fund for a grant to Bridges to
Healthcare to provide career education,
wraparound support services, and job skills
training in high-demand health care fields to
low-income parents, nonnative speakers of
English, and other hard-to-train individuals,
helping families build secure pathways out of
poverty while also addressing worker
shortages in one of Minnesota's most
innovative industries. Funds may be used for
program expenses, including but not limited
to hiring instructors and navigators; space
rental; and supportive services to help
participants attend classes, including assistance
with course fees, child care, transportation,
and safe and stable housing. In addition, up to
five percent of grant funds may be used for
Bridges to Healthcare's administrative costs.
This is a onetime appropriation.
new text end
new text begin
(y) $250,000 each year is from the workforce
development fund for a grant to Avivo to
provide low-income individuals with career
education and job skills training that is fully
integrated with chemical and mental health
services. This is a onetime appropriation.
new text end
new text begin
(z) $1,000,000 each year is for competitive
grants to organizations providing services to
relieve economic disparities in the Southeast
Asian community through workforce
recruitment, development, job creation,
assistance of smaller organizations to increase
capacity, and outreach. Of this amount, up to
five percent is for administration and
monitoring of the program.
new text end
new text begin
(aa) $500,000 each year is from the workforce
development fund for a grant to the Hmong
American Partnership, in collaboration with
community partners, for services targeting
Minnesota communities with the highest
concentrations of Southeast Asian joblessness,
based on the most recent census tract data, to
provide employment readiness training,
credentialed training placement, job placement
and retention services, supportive services for
hard-to-employ individuals, and a general
education development fast track and adult
diploma program. This is a onetime
appropriation.
new text end
new text begin
(bb) $1,000,000 each year is for a competitive
grant program to provide grants to
organizations that provide support services for
individuals, such as job training, employment
preparation, internships, job assistance to
parents, financial literacy, academic and
behavioral interventions for low-performing
students, and youth intervention. Grants made
under this section must focus on low-income
communities, young adults from families with
a history of intergenerational poverty, and
communities of color. Of this amount, up to
four percent is for administration and
monitoring of the program.
new text end
new text begin
(cc) $500,000 each year is from the workforce
development fund for a grant to Ujamaa Place
for job training, employment preparation,
internships, education, training in vocational
trades, housing, and organizational capacity
building. This is a onetime appropriation.
new text end
new text begin
(dd) $750,000 each year is from the general
fund and $3,348,000 each year is from the
workforce development fund for the
youth-at-work competitive grant program
under Minnesota Statutes, section 116L.562.
Of this amount, up to five percent is for
administration and monitoring of the youth
workforce development competitive grant
program. All grant awards shall be for two
consecutive years. Grants shall be awarded in
the first year.
new text end
new text begin
(ee) $1,000,000 each year is from the
workforce development fund for the
youthbuild program under Minnesota Statutes,
sections 116L.361 to 116L.366.
new text end
new text begin
(ff) $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.
new text end
new text begin
(gg) $250,000 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 Big
Brothers Big Sisters chapters in the Twin
Cities, central Minnesota, and southern
Minnesota. This is a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
General Support Services
|
new text begin
4,226,000 new text end |
new text begin
4,226,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General Fund new text end |
new text begin
4,171,000 new text end |
new text begin
4,171,000 new text end |
new text begin
Workforce Development new text end |
new text begin
55,000 new text end |
new text begin
55,000 new text end |
new text begin
(a) $250,000 each year is for the publication,
dissemination, and use of labor market
information under Minnesota Statutes, section
116J.401.
new text end
new text begin
(b) $1,269,000 each year is for transfer to the
Minnesota Housing Finance Agency for
operating the Olmstead Compliance Office.
new text end
new text begin Subd. 5. new text end
new text begin
Minnesota Trade Office
|
new text begin
2,292,000 new text end |
new text begin
2,292,000 new text end |
new text begin
(a) $300,000 each year is for the STEP grants
in Minnesota Statutes, section 116J.979.
new text end
new text begin
(b) $180,000 each year is for the Invest
Minnesota marketing initiative in Minnesota
Statutes, section 116J.9781.
new text end
new text begin
(c) $270,000 each year is for the Minnesota
Trade Offices under Minnesota Statutes,
section 116J.978.
new text end
new text begin
(d) $50,000 each year is for the Trade Policy
Advisory Council under Minnesota Statutes,
section 116J.9661.
new text end
new text begin Subd. 6. new text end
new text begin
Vocational Rehabilitation
|
new text begin
38,491,000 new text end |
new text begin
36,691,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
28,861,000 new text end |
new text begin
28,861,000 new text end |
new text begin
Workforce Development new text end |
new text begin
9,630,000 new text end |
new text begin
7,830,000 new text end |
new text begin
(a) $14,300,000 each year is for the state's
vocational rehabilitation program under
Minnesota Statutes, chapter 268A.
new text end
new text begin
(b) $8,995,000 each year from the general fund
and $6,830,000 each year from the workforce
development fund are for extended
employment services for persons with severe
disabilities under Minnesota Statutes, section
268A.15. Of the amounts appropriated from
the general fund, $2,000,000 each year is for
rate increases to providers of extended
employment services for persons with severe
disabilities under Minnesota Statutes, section
268A.15.
new text end
new text begin
(c) $2,555,000 each year from the general fund
and $1,800,000 in the first year from the
workforce development fund are for grants to
programs that provide employment support
services to persons with mental illness under
Minnesota Statutes, sections 268A.13 and
268A.14. Of the amount appropriated in the
first year from the workforce development
fund, $1,800,000 is available until June 30,
2023, and may be used to expand programs
to areas of the state without an existing
employment support program, and to expand
existing programs, including programs that do
not currently receive state funding.
new text end
new text begin
(d) $3,011,000 each year is from the general
fund for grants to centers for independent
living under Minnesota Statutes, section
268A.11.
new text end
new text begin
(e) $1,000,000 each year is from the workforce
development fund for grants under Minnesota
Statutes, section 268A.16, for employment
services for persons, including transition-age
youth, who are deaf, deafblind, or
hard-of-hearing. If the amount in the first year
is insufficient, the amount in the second year
is available in the first year.
new text end
new text begin Subd. 7. new text end
new text begin
Services for the Blind
|
new text begin
6,425,000 new text end |
new text begin
6,425,000 new text end |
new text begin
Of this amount, $500,000 each year is for
senior citizens who are becoming blind. At
least one-half of the funds for this purpose
must be used to provide training services for
seniors who are becoming blind. Training
services must provide independent living skills
to seniors who are becoming blind to allow
them to continue to live independently in their
homes.
new text end
new text begin Subd. 8. new text end
new text begin
Dairy Assistance, Investment, Relief
|
new text begin
3,000,000 new text end |
new text begin
-0- new text end |
new text begin
$3,000,000 in the first year is for transfer to
the commissioner of agriculture for financial
assistance to eligible dairy farmers under the
Dairy Assistance, Investment, Relief Initiative.
new text end
Sec. 3. 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
31,916,000 new text end |
new text begin
$ new text end |
new text begin
28,916,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2020 new text end |
new text begin
2021 new text end |
|
new text begin
General new text end |
new text begin
3,844,000 new text end |
new text begin
3,844,000 new text end |
new text begin
Workers' Compensation new text end |
new text begin
25,088,000 new text end |
new text begin
22,088,000 new text end |
new text begin
Workforce Development new text end |
new text begin
2,984,000 new text end |
new text begin
2,984,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
General Support
|
new text begin
7,939,000 new text end |
new text begin
7,939,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
500,000 new text end |
new text begin
500,000 new text end |
new text begin
Workers' Compensation new text end |
new text begin
6,039,000 new text end |
new text begin
6,039,000 new text end |
new text begin
Workforce Development Fund new text end |
new text begin
1,400,000 new text end |
new text begin
1,400,000 new text end |
new text begin
(a) $500,000 each year is from the general
fund for system upgrades. This appropriation
is available until June 30, 2023. The base
amount in fiscal year 2022 and 2023 is
$900,000. The base amount in fiscal year 2024
is zero. This appropriation includes funds for
information technology project services and
support subject to Minnesota Statutes, section
16E.0466. Any ongoing information
technology costs must be incorporated into
the service level agreement and must be paid
to the Office of MN.IT Services by the
commissioner of labor and industry under the
rates and mechanism specified in that
agreement.
new text end
new text begin
(b) $1,100,000 each year is from the
workforce development fund for the youth
skills training grants under Minnesota Statutes,
section 175.46. Of this amount, $100,000 each
year is for administration of the program.
new text end
new text begin
(c) $300,000 each year is from the workforce
development fund for the PIPELINE program.
new text end
new text begin Subd. 3. new text end
new text begin
Labor Standards and Apprenticeship
|
new text begin
4,928,000 new text end |
new text begin
4,928,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
3,344,000 new text end |
new text begin
3,344,000 new text end |
new text begin
Workforce Development new text end |
new text begin
1,584,000 new text end |
new text begin
1,584,000 new text end |
new text begin
(a) $2,046,000 each year is for wage theft
prevention.
new text end
new text begin
(b) $151,000 each year is from the workforce
development fund for prevailing wage
enforcement.
new text end
new text begin
(c) $1,133,000 each year is from the workforce
development fund for the apprenticeship
program under Minnesota Statutes, chapter
178.
new text end
new text begin
(d) $100,000 each year is from the workforce
development fund for labor education and
advancement program grants under Minnesota
Statutes, section 178.11, to expand and
promote registered apprenticeship training for
minorities and women.
new text end
new text begin
(e) $200,000 each year is from the workforce
development fund for grants to the
Construction Careers Foundation for the
Helmets to Hard Hats Minnesota initiative.
Grant funds must be used to recruit, retain,
assist, and support National Guard, reserve,
and active duty military members' and
veterans' participation into apprenticeship
programs registered with the Department of
Labor and Industry and connect them with
career training and employment in the building
and construction industry. The recruitment,
selection, employment, and training must be
without discrimination due to race, color,
creed, religion, national origin, sex, sexual
orientation, marital status, physical or mental
disability, receipt of public assistance, or age.
This is a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Workers' Compensation
|
new text begin
14,882,000 new text end |
new text begin
11,882,000 new text end |
new text begin
$3,000,000 the first year is from the workers'
compensation fund for workers' compensation
system upgrades. This amount is available
until June 30, 2021. This is a onetime
appropriation.
new text end
new text begin Subd. 5. new text end
new text begin
Workplace Safety
|
new text begin
4,167,000 new text end |
new text begin
4,167,000 new text end |
new text begin
This appropriation is from the workers'
compensation fund.
new text end
Sec. 4. new text begin WORKERS' COMPENSATION COURT
|
new text begin
$ new text end |
new text begin
2,222,000 new text end |
new text begin
$ new text end |
new text begin
2,283,000 new text end |
new text begin
This appropriation is from the workers'
compensation fund.
new text end
Sec. 5. new text begin BUREAU OF MEDIATION SERVICES
|
new text begin
$ new text end |
new text begin
2,641,000 new text end |
new text begin
$ new text end |
new text begin
2,641,000 new text end |
new text begin
(a) $68,000 each year is for grants to area
labor management committees. Grants may
be awarded for a 12-month period beginning
July 1 each year. Any unencumbered balance
remaining at the end of the first year does not
cancel but is available for the second year.
new text end
new text begin
(b) $394,000 each year is for the Office of
Collaboration and Dispute Resolution under
Minnesota Statutes, section 179.90. Of this
amount, $160,000 each year is for grants under
Minnesota Statutes, section 179.91.
new text end
new text begin
(c) $125,000 each year is for purposes of the
Public Employment Relations Board under
Minnesota Statutes, section 179A.041.
new text end
Sec. 6. 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
30,508,000 new text end |
new text begin
$ new text end |
new text begin
30,037,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2020 new text end |
new text begin
2021 new text end |
|
new text begin
General new text end |
new text begin
26,034,000 new text end |
new text begin
25,562,000 new text end |
new text begin
Special Revenue new text end |
new text begin
2,060,000 new text end |
new text begin
2,060,000 new text end |
new text begin
Petroleum Tank new text end |
new text begin
1,056,000 new text end |
new text begin
1,056,000 new text end |
new text begin
Workers' Compensation Fund new text end |
new text begin
758,000 new text end |
new text begin
759,000 new text end |
new text begin
Renewable Development new text end |
new text begin
600,000 new text end |
new text begin
600,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Financial Institutions
|
new text begin
400,000 new text end |
new text begin
400,000 new text end |
new text begin
$400,000 each year is for a grant to Prepare
and Prosper to develop, market, evaluate, and
distribute a financial services inclusion
program that (1) assists low-income and
financially underserved populations to build
savings and strengthen credit, and (2) provides
services to assist low-income and financially
underserved populations to become more
financially stable and secure. Money
remaining after the first year is available for
the second year.
new text end
new text begin Subd. 3. new text end
new text begin
Administrative Services
|
new text begin
8,868,000 new text end |
new text begin
8,597,000 new text end |
new text begin
(a) $384,000 each year is for additional
compliance efforts with unclaimed property.
The commissioner may issue contracts for
these services.
new text end
new text begin
(b) $100,000 each year is for the support of
broadband development.
new text end
new text begin
(c) $5,000 each year is for Real Estate
Appraisal Advisory Board compensation
pursuant to Minnesota Statutes, section
82B.073, subdivision 2a.
new text end
new text begin
(d) $475,000 in fiscal year 2020 and $350,000
in fiscal year 2021 are from the general fund
for system modernization and cybersecurity
upgrades for the unclaimed property program.
new text end
new text begin
(e) $230,000 in fiscal year 2020 and $564,000
in fiscal year 2021 are for additional
operations of the unclaimed property program.
new text end
new text begin
(f) $208,000 in fiscal year 2021 is for IT
system modernization. In fiscal year 2022, the
base amount is $832,000, and in fiscal year
2023, the base amount is $208,000. The base
amount in fiscal year 2024 and beyond is $0.
new text end
new text begin
(g) To account for base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the base is increased by
$1,000 in fiscal year 2022 and beyond.
new text end
new text begin Subd. 4. new text end
new text begin
Telecommunications
|
new text begin
3,077,000 new text end |
new text begin
3,107,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
1,017,000 new text end |
new text begin
1,047,000 new text end |
new text begin
Special Revenue new text end |
new text begin
2,060,000 new text end |
new text begin
2,060,000 new text end |
new text begin
$2,060,000 each year is from the
telecommunications access Minnesota fund
account in the special revenue fund for the
following transfers. This appropriation is
added to the department's base:
new text end
new text begin
(1) $1,620,000 each year is to the
commissioner of human services to
supplement the ongoing operational expenses
of the Commission of Deaf, DeafBlind, and
Hard-of-Hearing Minnesotans. This
appropriation is available until June 30, 2021,
and any unexpended amount on that date must
be returned to the telecommunications access
Minnesota fund;
new text end
new text begin
(2) $290,000 each year is to the chief
information officer for the purpose of
coordinating technology accessibility and
usability;
new text end
new text begin
(3) $100,000 each year is to the Legislative
Coordinating Commission for captioning of
legislative coverage. This transfer is subject
to Minnesota Statutes, section 16A.281; and
new text end
new text begin
(4) $50,000 each year is to the Office of
MN.IT Services for a consolidated access fund
to provide grants or services to other state
agencies related to accessibility of their
web-based services.
new text end
new text begin Subd. 5. new text end
new text begin
Enforcement
|
new text begin
6,167,000 new text end |
new text begin
6,257,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
5,967,000 new text end |
new text begin
6,057,000 new text end |
new text begin
Workers' Compensation new text end |
new text begin
200,000 new text end |
new text begin
200,000 new text end |
new text begin
(a) $279,000 each year is for health care
enforcement.
new text end
new text begin
(b) $200,000 each year is from the workers'
compensation fund. Beginning in fiscal year
2022, this amount is $201,000.
new text end
new text begin Subd. 6. new text end
new text begin
Insurance
|
new text begin
5,613,000 new text end |
new text begin
5,640,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
5,055,000 new text end |
new text begin
5,081,000 new text end |
new text begin
Workers' Compensation new text end |
new text begin
558,000 new text end |
new text begin
559,000 new text end |
new text begin
(a) $642,000 each year is for health insurance
rate review staffing.
new text end
new text begin
(b) $412,000 each year is for actuarial work
to prepare for implementation of
principle-based reserves.
new text end
new text begin
(c) $30,000 in fiscal year 2020 is for payment
of two years of membership dues for
Minnesota to the National Conference of
Insurance Legislators. The base amount for
this appropriation is $30,000 in fiscal year
2022 and $0 in fiscal year 2023.
new text end
new text begin
(d) $558,000 in the first year and $559,000 in
the second year are from the workers'
compensation fund. Beginning in fiscal year
2022, this amount is $560,000.
new text end
new text begin Subd. 7. new text end
new text begin
Energy Resources
|
new text begin
5,327,000 new text end |
new text begin
4,980,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
4,727,000 new text end |
new text begin
4,380,000 new text end |
new text begin
Renewable Development new text end |
new text begin
600,000 new text end |
new text begin
600,000 new text end |
new text begin
(a) $150,000 each year is to remediate
vermiculate insulation from households that
are eligible for weatherization assistance under
Minnesota's weatherization assistance program
state plan under Minnesota Statutes, section
216C.264. Remediation must be done in
conjunction with federal weatherization
assistance program services.
new text end
new text begin
(b) $832,000 each year is for energy regulation
and planning unit staff.
new text end
new text begin
(c) $100,000 each year is from the renewable
development account in the special revenue
fund established in Minnesota Statutes, section
116C.779, subdivision 1, to administer the
"Made in Minnesota" solar energy production
incentive program in Minnesota Statutes,
section 216C.417. Any remaining unspent
funds cancel back to the renewable
development account at the end of the
biennium.
new text end
new text begin
(d) $500,000 each year is from the renewable
development account in the special revenue
fund established in Minnesota Statutes, section
116C.779, subdivision 1, for costs associated
with any third-party expert evaluation of a
proposal submitted in response to a request
for proposal to the renewable development
advisory group under Minnesota Statutes,
section 116C.779, subdivision 1, paragraph
(l). No portion of this appropriation may be
expended or retained by the commissioner of
commerce. Any funds appropriated under this
paragraph that are unexpended at the end of a
fiscal year cancel to the renewable
development account.
new text end
new text begin
(e) $150,000 in fiscal year 2019 is
appropriated from the renewable development
account in the special revenue fund established
in Minnesota Statutes, section 116C.779,
subdivision 1, to the commissioner of
commerce, to conduct an energy storage
systems cost-benefit analysis. This is a
onetime appropriation, effective the day
following final enactment, and available until
June 30, 2020.
new text end
new text begin Subd. 8. new text end
new text begin
Petroleum Tank Release Compensation
|
new text begin
1,056,000 new text end |
new text begin
1,056,000 new text end |
new text begin
This appropriation is from the petroleum tank
fund to account for base adjustments provided
in Minnesota Statutes, section 115C.13, the
base for the petroleum tank release cleanup
fund in fiscal year 2023 is $0.
new text end
Sec. 7. new text begin PUBLIC UTILITIES COMMISSION
|
new text begin
$ new text end |
new text begin
7,793,000 new text end |
new text begin
$ new text end |
new text begin
7,793,000 new text end |
new text begin
(a) $21,000 each year is to process utility
applications to install equipment crossing a
railroad right-of-way.
new text end
new text begin
(b) $300,000 each year is to enhance the
commission's decision-making capability.
new text end
new text begin
In fiscal years 2020 and 2021 the commissioner of labor and industry must conduct a
statewide consumer awareness campaign highlighting the importance of hiring licensed
contractors as well as the consequences of hiring unlicensed contractors, and may spend up
to $500,000 each year from the contractor recovery fund to conduct the campaign.
new text end
new text begin
(a) The commissioner shall make
grants to counties, airport authorities, or cities to provide up to 50 percent of the capital
costs of redevelopment of an existing facility or construction of a new facility; and for public
or private infrastructure costs, including broadband infrastructure costs, necessary for an
eligible airport infrastructure renewal economic development project.
new text end
new text begin
(b) The purpose of the grants made under this section is to keep or enhance jobs in the
area, increase the tax base, or expand or create new economic development.
new text end
new text begin
(c) In awarding grants under this section, the commissioner must adhere to the criteria
under subdivision 5.
new text end
new text begin
(a) For purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "City" means a statutory or home rule charter city located outside the metropolitan
area as defined in section 473.121, subdivision 2.
new text end
new text begin
(c) "County" means a county located outside the metropolitan area as defined in section
473.121, subdivision 2.
new text end
new text begin
(d) "Airport authority" means an authority created pursuant to section 360.0426.
new text end
new text begin
An economic development project for which a county, airport
authority, or city may be eligible to receive a grant under this section includes: (1)
manufacturing; (2) technology; (3) warehousing and distribution; or (4) research and
development.
new text end
new text begin
The following projects are not eligible for a grant under
this section: (1) retail development; or (2) office space development, except as incidental
to an eligible purpose.
new text end
new text begin
(a) The commissioner must develop forms and procedures for
soliciting and reviewing applications for grants under this section. At a minimum, a county,
airport authority, or city must include in its application a resolution of the governing body
of the county, airport authority, or city certifying that half of the cost of the project is
committed from nonstate sources. The commissioner must evaluate complete applications
for eligible projects using the following criteria:
new text end
new text begin
(1) the project is an eligible project as defined under subdivision 3;
new text end
new text begin
(2) the project is expected to result in or will attract substantial public and private capital
investment and provide substantial economic benefit to the county, airport authority, or city
in which the project would be located; and
new text end
new text begin
(3) the project is expected to or will create or retain full-time jobs.
new text end
new text begin
(b) The determination of whether to make a grant for a site is within the discretion of
the commissioner, subject to this section. The commissioner's decisions and application of
the criteria are not subject to judicial review except for abuse of discretion.
new text end
new text begin
A county, airport authority, or city may receive no
more than $250,000 in two years for one or more projects.
new text end
new text begin
If after five years the
commissioner determines that a project has not proceeded in a timely manner and is unlikely
to be completed, the commissioner must cancel the grant and require the grantee to return
all grant money awarded for that project.
new text end
new text begin
Grant money returned to the commissioner is appropriated to
the commissioner to make additional grants under this section.
new text end
new text begin
(a) By January 15, 2020, and by January 15 of each even-numbered year thereafter, the
commissioner of employment and economic development must submit a report to the chairs
of the legislative committees with jurisdiction over economic development that provides
an inventory of all economic development programs, including any workforce development
programs, either provided by or overseen by any agency of the state of Minnesota.
new text end
new text begin
(b) Programs related to economic development that must be included in the report include
those that:
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(1) receive federal funds or state funds;
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new text begin
(2) provide assistance to either businesses or individuals; or
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new text begin
(3) support internships, apprenticeships, career and technical education, or any form of
employment training.
new text end
new text begin
(c) For each economic development program, the report must include, at a minimum,
the following information:
new text end
new text begin
(1) details of program costs;
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new text begin
(2) the number of staff, both within the department and any outside organization;
new text end
new text begin
(3) the number of program participants;
new text end
new text begin
(4) the demographic information including, but not limited to, race, age, gender, and
income of program participants;
new text end
new text begin
(5) a list of any and all subgrantees receiving funds from the program, as well as the
amount of funding received;
new text end
new text begin
(6) information about other sources of funding including other public or private funding
or in-kind donations;
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new text begin
(7) evidence that: (i) the organization administering a program; (ii) a business receiving
a loan for a new or expanded business from a program; or (iii) a subgrantee of a program
is in good standing with the Minnesota Secretary of State and the Minnesota Department
of Revenue;
new text end
new text begin
(8) a short description of what each program does; and
new text end
new text begin
(9) to the extent practical, quantifiable measures of program success.
new text end
new text begin
(d) In addition to the information required under paragraph (c), a program related to
economic development under paragraph (b) that requests an increase in state funding over
the previous biennium must provide the following:
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new text begin
(1) detailed information regarding the need for increased funds; and
new text end
new text begin
(2) the planned uses of the increased funds.
new text end
Minnesota Statutes 2018, section 469.074, is amended by adding a subdivision to
read:
new text begin
The port authority may
conduct meetings as provided by section 13D.015.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 469.081, is amended by adding a subdivision to
read:
new text begin
The port authority may
conduct meetings as provided by section 13D.015.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 469.089, is amended by adding a subdivision to
read:
new text begin
The port authority may
conduct meetings as provided by section 13D.015.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Laws 2017, chapter 94, article 1, section 2, subdivision 3, is amended to read:
Subd. 3.Workforce Development
|
$ |
31,498,000 |
$ |
30,231,000 |
Appropriations by Fund |
||
General |
$6,239,000 |
$5,889,000 |
Workforce Development |
$25,259,000 |
$24,342,000 |
(a) $500,000 each year is for the
youth-at-work competitive grant program
under Minnesota Statutes, section 116L.562.
Of this amount, up to five percent is for
administration and monitoring of the youth
workforce development competitive grant
program. All grant awards shall be for two
consecutive years. Grants shall be awarded in
the first year. In fiscal year 2020 and beyond,
the base amount is $750,000.
(b) $250,000 each year is for pilot programs
in the workforce service areas to combine
career and higher education advising.
(c) $500,000 each year is for rural career
counseling coordinator positions in the
workforce service areas and for the purposes
specified in Minnesota Statutes, section
116L.667. The commissioner of employment
and economic development, in consultation
with local workforce investment boards and
local elected officials in each of the service
areas receiving funds, shall develop a method
of distributing funds to provide equitable
services across workforce service areas.
(d) $1,000,000 each year is for a grant to the
Construction Careers Foundation for the
construction career pathway initiative to
provide year-round educational and
experiential learning opportunities for teens
and young adults under the age of 21 that lead
to careers in the construction industry. This is
a onetime appropriation. Grant funds must be
used to:
(1) increase construction industry exposure
activities for middle school and high school
youth, parents, and counselors to reach a more
diverse demographic and broader statewide
audience. This requirement includes, but is
not limited to, an expansion of programs to
provide experience in different crafts to youth
and young adults throughout the state;
(2) increase the number of high schools in
Minnesota offering construction classes during
the academic year that utilize a multicraft
curriculum;
(3) increase the number of summer internship
opportunities;
(4) enhance activities to support graduating
seniors in their efforts to obtain employment
in the construction industry;
(5) increase the number of young adults
employed in the construction industry and
ensure that they reflect Minnesota's diverse
workforce; and
(6) enhance an industrywide marketing
campaign targeted to youth and young adults
about the depth and breadth of careers within
the construction industry.
Programs and services supported by grant
funds must give priority to individuals and
groups that are economically disadvantaged
or historically underrepresented in the
construction industry, including but not limited
to women, veterans, and members of minority
and immigrant groups.
(e) $1,539,000 each year from the general fund
and $4,604,000 each year from the workforce
development fund are for the Pathways to
Prosperity adult workforce development
competitive grant program. Of this amount,
up to four percent is for administration and
monitoring of the program. When awarding
grants under this paragraph, the commissioner
of employment and economic development
may give preference to any previous grantee
with demonstrated success in job training and
placement for hard-to-train individuals. In
fiscal year 2020 and beyond, the general fund
base amount for this program is $4,039,000.
(f) $750,000 each year is for a competitive
grant program to provide grants to
organizations that provide support services for
individuals, such as job training, employment
preparation, internships, job assistance to
fathers, financial literacy, academic and
behavioral interventions for low-performing
students, and youth intervention. Grants made
under this section must focus on low-income
communities, young adults from families with
a history of intergenerational poverty, and
communities of color. Of this amount, up to
four percent is for administration and
monitoring of the program. In fiscal year 2020
and beyond, the base amount is $1,000,000.
(g) $500,000 each year is for the women and
high-wage, high-demand, nontraditional jobs
grant program under Minnesota Statutes,
section 116L.99. Of this amount, up to five
percent is for administration and monitoring
of the program. In fiscal year 2020 and
beyond, the base amount is $750,000.
(h) $500,000 each year is for a competitive
grant program for grants to organizations
providing services to relieve economic
disparities in the Southeast Asian community
through workforce recruitment, development,
job creation, assistance of smaller
organizations to increase capacity, and
outreach. Of this amount, up to five percent
is for administration and monitoring of the
program. In fiscal year 2020 and beyond, the
base amount is $1,000,000.
(i) $250,000 each year is for a grant to the
American Indian Opportunities and
Industrialization Center, in collaboration with
the Northwest Indian Community
Development Center, to reduce academic
disparities for American Indian students and
adults. This is a onetime appropriation. The
grant funds may be used to provide:
(1) student tutoring and testing support
services;
(2) training in information technology;
(3) assistance in obtaining a GED;
(4) remedial training leading to enrollment in
a postsecondary higher education institution;
(5) real-time work experience in information
technology fields; and
(6) contextualized adult basic education.
After notification to the legislature, the
commissioner may transfer this appropriation
to the commissioner of education.
(j) $100,000 each year is for the getting to
work grant program. This is a onetime
appropriation and is available until June 30,
2021.
(k) $525,000 each year is from the workforce
development fund for a grant to the YWCA
of Minneapolis to provide economically
challenged individuals the job skills training,
career counseling, and job placement
assistance necessary to secure a child
development associate credential and to have
a career path in early childhood education.
This is a onetime appropriation.
(l) $1,350,000 each year is from the workforce
development fund for a grant to the Minnesota
High Tech Association to support
SciTechsperience, a program that supports
science, technology, engineering, and math
(STEM) internship opportunities for two- and
four-year college students and graduate
students in their field of study. The internship
opportunities must match students with paid
internships within STEM disciplines at small,
for-profit companies located in Minnesota,
having fewer than 250 employees worldwide.
At least 300 students must be matched in the
first year and at least 350 students must be
matched in the second year. No more than 15
percent of the hires may be graduate students.
Selected hiring companies shall receive from
the grant 50 percent of the wages paid to the
intern, capped at $2,500 per intern. The
program must work toward increasing the
participation of women or other underserved
populations. This is a onetime appropriation.
(m) $450,000 each year is from the workforce
development fund for grants to Minnesota
Diversified Industries, Inc. to provide
progressive development and employment
opportunities for people with disabilities. This
is a onetime appropriation.
(n) $500,000 each year is from the workforce
development fund for a grant to Resource, Inc.
to provide low-income individuals career
education and job skills training that are fully
integrated with chemical and mental health
services. This is a onetime appropriation.
(o) $750,000 each year is from the workforce
development fund for a grant to the Minnesota
Alliance of Boys and Girls Clubs to administer
a statewide project of youth job skills and
career development. This project, which may
have career guidance components including
health and life skills, is designed to encourage,
train, and assist youth in early access to
education and job-seeking skills, work-based
learning experience including career pathways
in STEM learning, career exploration and
matching, and first job placement through
local community partnerships and on-site job
opportunities. This grant requires a 25 percent
match from nonstate resources. This is a
onetime appropriation.
(p) $215,000 each year is from the workforce
development fund for grants to Big Brothers,
Big Sisters of the Greater Twin Cities for
workforce readiness, employment exploration,
and skills development for youth ages 12 to
21. The grant must serve youth in the Twin
Cities, Central Minnesota, and Southern
Minnesota Big Brothers, Big Sisters chapters.
This is a onetime appropriation.
(q) $250,000 each year is from the workforce
development fund for a grant to YWCA St.
Paul to provide job training services and
workforce development programs and
services, including job skills training and
counseling. This is a onetime appropriation.
(r) $1,000,000 each year is from the workforce
development fund for a grant to EMERGE
Community Development, in collaboration
with community partners, for services
targeting Minnesota communities with the
highest concentrations of African and
African-American joblessness, based on the
most recent census tract data, to provide
employment readiness training, credentialed
training placement, job placement and
retention services, supportive services for
hard-to-employ individuals, and a general
education development fast track and adult
diploma program. This is a onetime
appropriation.
(s) $1,000,000 each year is from the workforce
development fund for a grant to the
Minneapolis Foundation for a strategic
intervention program designed to target and
connect program participants to meaningful,
sustainable living-wage employment. This is
a onetime appropriation.
(t) $750,000 each year is from the workforce
development fund for a grant to Latino
Communities United in Service (CLUES) to
expand culturally tailored programs that
address employment and education skill gaps
for working parents and underserved youth by
providing new job skills training to stimulate
higher wages for low-income people, family
support systems designed to reduce
intergenerational poverty, and youth
programming to promote educational
advancement and career pathways. At least
50 percent of this amount must be used for
programming targeted at greater Minnesota.
This is a onetime appropriation.
(u) $600,000 each year is from the workforce
development fund for a grant to Ujamaa Place
for job training, employment preparation,
internships, education, training in the
construction trades, housing, and
organizational capacity building. This is a
onetime appropriation.
(v) $1,297,000 in the first year and $800,000
in the second year are from the workforce
development fund for performance grants
under Minnesota Statutes, section 116J.8747,
to Twin Cities R!SE to provide training to
hard-to-train individuals. Of the amounts
appropriated, $497,000 in fiscal year 2018 is
for a grant to Twin Cities R!SE, in
collaboration with Metro Transit and Hennepin
Technical College for the Metro Transit
technician training program. This is a onetime
appropriation and funds are available until
June 30, 2020.
(w) $230,000 in fiscal year 2018 is from the
workforce development fund for a grant to the
Bois Forte Tribal Employment Rights Office
(TERO) for an American Indian workforce
development training pilot project.new text begin This is a
onetime appropriation and is available until
June 30, 2019. Funds appropriated the first
year are available for use in the second year
of the biennium.
new text end
(x) $40,000 in fiscal year 2018 is from the
workforce development fund for a grant to the
Cook County Higher Education Board to
provide educational programming and
academic support services to remote regions
in northeastern Minnesota. This appropriation
is in addition to other funds previously
appropriated to the board.
(y) $250,000 each year is from the workforce
development fund for a grant to Bridges to
Healthcare to provide career education,
wraparound support services, and job skills
training in high-demand health care fields to
low-income parents, nonnative speakers of
English, and other hard-to-train individuals,
helping families build secure pathways out of
poverty while also addressing worker
shortages in one of Minnesota's most
innovative industries. Funds may be used for
program expenses, including, but not limited
to, hiring instructors and navigators; space
rental; and supportive services to help
participants attend classes, including assistance
with course fees, child care, transportation,
and safe and stable housing. In addition, up to
five percent of grant funds may be used for
Bridges to Healthcare's administrative costs.
This is a onetime appropriation and is
available until June 30, 2020.
(z) $500,000 each year is from the workforce
development fund for a grant to the Nonprofits
Assistance Fund to provide capacity-building
grants to small, culturally specific
organizations that primarily serve historically
underserved cultural communities. Grants may
only be awarded to nonprofit organizations
that have an annual organizational budget of
less than $500,000 and are culturally specific
organizations that primarily serve historically
underserved cultural communities. Grant funds
awarded must be used for:
(1) organizational infrastructure improvement,
including developing database management
systems and financial systems, or other
administrative needs that increase the
organization's ability to access new funding
sources;
(2) organizational workforce development,
including hiring culturally competent staff,
training and skills development, and other
methods of increasing staff capacity; or
(3) creation or expansion of partnerships with
existing organizations that have specialized
expertise in order to increase the capacity of
the grantee organization to improve services
for the community. Of this amount, up to five
percent may be used by the Nonprofits
Assistance Fund for administration costs and
providing technical assistance to potential
grantees. This is a onetime appropriation.
(aa) $4,050,000 each year is from the
workforce development fund for the
Minnesota youth program under Minnesota
Statutes, sections 116L.56 and 116L.561.
(bb) $1,000,000 each year is from the
workforce development fund for the
youthbuild program under Minnesota Statutes,
sections 116L.361 to 116L.366.
(cc) $3,348,000 each year is from the
workforce development fund for the "Youth
at Work" youth workforce development
competitive grant program. Of this amount,
up to five percent is for administration and
monitoring of the youth workforce
development competitive grant program. All
grant awards shall be for two consecutive
years. Grants shall be awarded in the first year.
(dd) $500,000 each year is from the workforce
development fund for the Opportunities
Industrialization Center programs.
(ee) $750,000 each year is from the workforce
development fund for a grant to Summit
Academy OIC to expand its contextualized
GED and employment placement program.
This is a onetime appropriation.
(ff) $500,000 each year is from the workforce
development fund for a grant to
Goodwill-Easter Seals Minnesota and its
partners. The grant shall be used to continue
the FATHER Project in Rochester, Park
Rapids, St. Cloud, Minneapolis, and the
surrounding areas to assist fathers in
overcoming barriers that prevent fathers from
supporting their children economically and
emotionally. This is a onetime appropriation.
(gg) $150,000 each year is from the workforce
development fund for displaced homemaker
programs under Minnesota Statutes, section
116L.96. The commissioner shall distribute
the funds to existing nonprofit and state
displaced homemaker programs. This is a
onetime appropriation.
(hh)(1) $150,000 in fiscal year 2018 is from
the workforce development fund for a grant
to Anoka County to develop and implement
a pilot program to increase competitive
employment opportunities for transition-age
youth ages 18 to 21.
(2) The competitive employment for
transition-age youth pilot program shall
include career guidance components, including
health and life skills, to encourage, train, and
assist transition-age youth in job-seeking
skills, workplace orientation, and job site
knowledge.
(3) In operating the pilot program, Anoka
County shall collaborate with schools,
disability providers, jobs and training
organizations, vocational rehabilitation
providers, and employers to build upon
opportunities and services, to prepare
transition-age youth for competitive
employment, and to enhance employer
connections that lead to employment for the
individuals served.
(4) Grant funds may be used to create an
on-the-job training incentive to encourage
employers to hire and train qualifying
individuals. A participating employer may
receive up to 50 percent of the wages paid to
the employee as a cost reimbursement for
on-the-job training provided.
(ii) $500,000 each year is from the workforce
development fund for rural career counseling
coordinator positions in the workforce service
areas and for the purposes specified in
Minnesota Statutes, section 116L.667. The
commissioner of employment and economic
development, in consultation with local
workforce investment boards and local elected
officials in each of the service areas receiving
funds, shall develop a method of distributing
funds to provide equitable services across
workforce service areas.
(jj) In calendar year 2017, the public utility
subject to Minnesota Statutes, section
116C.779, must withhold $1,000,000 from the
funds required to fulfill its financial
commitments under Minnesota Statutes,
section 116C.779, subdivision 1, and pay such
amounts to the commissioner of employment
and economic development for deposit in the
Minnesota 21st century fund under Minnesota
Statutes, section 116J.423.
(kk) $350,000 in fiscal year 2018 is for a grant
to AccessAbility Incorporated to provide job
skills training to individuals who have been
released from incarceration for a felony-level
offense and are no more than 12 months from
the date of release. AccessAbility Incorporated
shall annually report to the commissioner on
how the money was spent and the results
achieved. The report must include, at a
minimum, information and data about the
number of participants; participant
homelessness, employment, recidivism, and
child support compliance; and training
provided to program participants.
new text begin
This section is effective retroactively from July 1, 2017.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 116J.8731, a home rule charter or
statutory city, county, or town that has uncommitted money received from repayment of
funds awarded under Minnesota Statutes, section 116J.8731, may choose to transfer 20
percent of the balance of that money to the state general fund before June 30, 2020. Any
local entity that does so may then use the remaining 80 percent of the uncommitted money
as a general purpose aid for any lawful expenditure.
new text end
new text begin
(b) By February 15, 2021, a home rule charter or statutory city, county, or town that
exercises the option under paragraph (a) shall submit to the chairs and ranking minority
members of the legislative committees with jurisdiction over economic development policy
and finance an accounting and explanation of the use and distribution of the funds.
new text end
new text begin
Launch Minnesota is established within the Business
and Community Development Division of the Department of Employment and Economic
Development to encourage and support the development of new private sector technologies
and support the science and technology policies under Minnesota Statutes, section 3.222.
Launch Minnesota must provide entrepreneurs and emerging technology-based companies
business development assistance and financial assistance to spur growth.
new text end
new text begin
(a) For purposes of this section, the terms defined in this subdivision
have the meanings given.
new text end
new text begin
(b) "Advisory board" means the board established under subdivision 9.
new text end
new text begin
(c) "Commissioner" means the commissioner of employment and economic development.
new text end
new text begin
(d) "Department" means the Department of Employment and Economic Development.
new text end
new text begin
(e) "Entrepreneur" means a Minnesota resident who is involved in establishing a business
entity and secures resources directed to its growth while bearing the risk of loss.
new text end
new text begin
(f) "Greater Minnesota" means the area of Minnesota located outside of the metropolitan
area as defined in Minnesota Statutes, section 473.121, subdivision 2.
new text end
new text begin
(g) "High technology" includes aerospace, agricultural processing, renewable energy,
energy efficiency and conservation, environmental engineering, food technology, cellulosic
ethanol, information technology, materials science technology, nanotechnology,
telecommunications, biotechnology, medical device products, pharmaceuticals, diagnostics,
biologicals, chemistry, veterinary science, and similar fields.
new text end
new text begin
(h) "Institution of higher education" has the meaning given in Minnesota Statutes, section
136A.28, subdivision 6.
new text end
new text begin
(i) "Minority group member" means a United States citizen who is Asian, Pacific Islander,
Black, Hispanic, or Native American.
new text end
new text begin
(j) "Minority-owned business" means a business for which one or more minority group
members:
new text end
new text begin
(1) own at least 50 percent of the business or, in the case of a publicly owned business,
own at least 51 percent of the stock; and
new text end
new text begin
(2) manage the business and control the daily business operations.
new text end
new text begin
(k) "Research and development" means any activity that is:
new text end
new text begin
(1) a systematic, intensive study directed toward greater knowledge or understanding
of the subject studies;
new text end
new text begin
(2) a systematic study directed specifically toward applying new knowledge to meet a
recognized need; or
new text end
new text begin
(3) a systematic application of knowledge toward the production of useful materials,
devices, systems and methods, including design, development and improvement of prototypes
and new processes to meet specific requirements.
new text end
new text begin
(l) "Start-up" means a business entity that has been in operation for less than ten years,
has operations in Minnesota, and is in the development stage defined as devoting substantially
all of its efforts to establishing a new business and either of the following conditions exists:
new text end
new text begin
(1) planned principal operations have not commenced; or
new text end
new text begin
(2) planned principal operations have commenced, but have generated less than
$1,000,000 in revenue.
new text end
new text begin
(m) "Technology-related assistance" means the application and utilization of
technological-information and technologies to assist in the development and production of
new technology-related products or services or to increase the productivity or otherwise
enhance the production or delivery of existing products or services.
new text end
new text begin
(n) "Trade association" means a nonprofit membership organization organized to promote
businesses and business conditions and having an election under Internal Revenue Code
section 501(c)(3) or 501(c)(6).
new text end
new text begin
(o) "Veteran" has the meaning given in Minnesota Statutes, section 197.447.
new text end
new text begin
(p) "Women" means persons of the female gender.
new text end
new text begin
(q) "Women-owned business" means a business for which one or more women:
new text end
new text begin
(1) own at least 50 percent of the business or, in the case of a publicly owned business,
own at least 51 percent of the stock; and
new text end
new text begin
(2) manage the business and control the daily business operations.
new text end
new text begin
Launch Minnesota shall:
new text end
new text begin
(1) support innovation and initiatives designed to accelerate the growth of high-technology
start-ups in Minnesota;
new text end
new text begin
(2) in partnership with other organizations, offer classes and instructional sessions on
how to start a high-tech and innovative start-up;
new text end
new text begin
(3) promote activities for entrepreneurs and investors regarding the state's growing
innovation economy;
new text end
new text begin
(4) hold events and meetings that gather key stakeholders in the state's innovation sector;
new text end
new text begin
(5) conduct outreach and education on innovation activities and related financial programs
available from the department and other organizations, particularly for underserved
communities;
new text end
new text begin
(6) interact and collaborate with statewide partners including but not limited to businesses,
nonprofits, trade associations, and higher education institutions;
new text end
new text begin
(7) administer an advisory board to assist with direction, grant application review,
program evaluation, report development, and partnerships;
new text end
new text begin
(8) accept grant applications under subdivisions 5, 6, and 7 and work with the advisory
board to review and prioritize the applications and provide recommendations to the
commissioner; and
new text end
new text begin
(9) perform other duties at the commissioner's discretion.
new text end
new text begin
(a) The department shall employ an executive director in the
unclassified service, one staff member to support Launch Minnesota, and one staff member
in the business and community development division to manage grants. The executive
director shall:
new text end
new text begin
(1) assist the commissioner and the advisory board in performing the duties of Launch
Minnesota; and
new text end
new text begin
(2) comply with all state and federal program requirements, and all state and federal
securities and tax laws and regulations.
new text end
new text begin
(b) To the extent possible, the space that Launch Minnesota shall occupy and lease must
be a private coworking facility that includes office space for staff and space for community
engagement for training entrepreneurs. The space leased under this paragraph is exempt
from the requirements in Minnesota Statutes, section 16B.24, subdivision 6.
new text end
new text begin
(c) At least three times per month, Launch Minnesota staff shall visit organizations in
greater Minnesota that have received a grant under subdivision 7. To the extent possible,
Launch Minnesota shall form partnerships with organizations located throughout the state.
new text end
new text begin
(d) Launch Minnesota must accept grant applications under this section and provide
funding recommendations to the commissioner, who shall distribute grants based in part on
the recommendations.
new text end
new text begin
(a) The commissioner shall establish the application form
and procedures for grants.
new text end
new text begin
(b) Upon receiving recommendations from Launch Minnesota, the department is
responsible for evaluating all applications using evaluation criteria which shall be developed
by Launch Minnesota in consultation with the advisory board and the commissioner.
new text end
new text begin
(c) For grants under subdivision 6, priority shall be given if the applicant is:
new text end
new text begin
(1) a business or entrepreneur located in greater Minnesota; or
new text end
new text begin
(2) a business owner or entrepreneur who is a woman, veteran, or minority group member.
new text end
new text begin
(d) For grants under subdivision 7, priority shall be given if the applicant is planning to
serve:
new text end
new text begin
(1) businesses or entrepreneurs located in greater Minnesota; or
new text end
new text begin
(2) business owners or entrepreneurs who are women, veterans, or minority group
members.
new text end
new text begin
(e) The department staff, and not Launch Minnesota staff, is responsible for awarding
funding, disbursing funds, and monitoring grantee performance for all grants awarded under
this section.
new text end
new text begin
(f) Grantees must provide matching funds by equal expenditures and grant payments
must be provided on a reimbursement basis after review of submitted receipts by the
department.
new text end
new text begin
(g) Grant applications must be accepted on a regular periodic basis by Launch Minnesota
and must be reviewed by Launch Minnesota and the advisory board before being submitted
to the commissioner with their recommendations.
new text end
new text begin
(a) The commissioner shall distribute innovation grants
under this subdivision.
new text end
new text begin
(b) The commissioner shall provide a grant of up to $35,000 to an eligible business or
entrepreneur for research and development expenses, direct business expenses, and the
purchase of technical assistance or services from public higher education institutions and
nonprofit entities. Research and development expenditures may include but are not limited
to proof of concept activities, intellectual property protection, prototype designs and
production, and commercial feasibility. Expenditures funded under this subdivision are not
eligible for the research and development tax credit under Minnesota Statutes, section
290.068. Direct business expenses may include rent, equipment purchases, and supplier
invoices. Taxes imposed by federal, state, or local government entities may not be reimbursed
under this paragraph. Technical assistance or services must be purchased to assist in the
development or commercialization of a product or service to be eligible. Each business or
entrepreneur may receive only one grant per biennium under this paragraph.
new text end
new text begin
(c) The commissioner shall provide a grant of up to $7,500 to reimburse an entrepreneur
for housing or child care expenses for the entrepreneur or their spouse or children. Each
entrepreneur may receive only one grant per biennium under this paragraph.
new text end
new text begin
(d) The commissioner shall provide a grant of up to $50,000 to an eligible business or
entrepreneur that, as a registered client of the Small Business Innovation Research (SBIR)
program, has been awarded a Phase 2 award pursuant to the SBIR or Small Business
Technology Transfer (STTR) programs after July 1, 2019. Each business or entrepreneur
may receive only one grant per biennium under this paragraph. Grants under this paragraph
are not subject to the requirements of subdivision 2, paragraph (l), but do require a
recommendation from Launch Minnesota.
new text end
new text begin
(a) The commissioner shall make entrepreneur
education grants to institutions of higher education and other organizations to provide
educational programming to entrepreneurs and provide outreach to and collaboration with
businesses, federal and state agencies, institutions of higher education, trade associations,
and other organizations working to advance innovative, high technology businesses
throughout Minnesota.
new text end
new text begin
(b) Applications for entrepreneur education grants under this subdivision must be
submitted to the commissioner and evaluated by department staff other than Launch
Minnesota. The evaluation criteria must be developed by Launch Minnesota, in consultation
with the advisory board, and the commissioner, and priority must be given to an applicant
who demonstrates activity assisting businesses or entrepreneurs residing in greater Minnesota
or who are women, veterans, or minority group members.
new text end
new text begin
(c) Department staff other than Launch Minnesota staff is responsible for awarding
funding, disbursing funds, and monitoring grantee performance under this subdivision.
new text end
new text begin
(d) Grantees may use the grant funds to deliver the following services:
new text end
new text begin
(1) development and delivery to high technology businesses of industry specific or
innovative product or process specific counseling on issues of business formation, market
structure, market research and strategies, securing first mover advantage or overcoming
barriers to entry, protecting intellectual property, and securing debt or equity capital. This
counseling is to be delivered in a classroom setting or using distance media presentations;
new text end
new text begin
(2) outreach and education to businesses and organizations on the small business
investment tax credit program under Minnesota Statutes, section 116J.8737, the MNvest
crowd-funding program under Minnesota Statutes, section 80A.461, and other state programs
that support high technology business creation especially in underserved communities;
new text end
new text begin
(3) collaboration with institutions of higher education, local organizations, federal and
state agencies, the Small Business Development Center, and the Small Business Assistance
Office to create and offer educational programming and ongoing counseling in greater
Minnesota that is consistent with those services offered in the metropolitan area; and
new text end
new text begin
(4) events and meetings with other innovation-related organizations to inform
entrepreneurs and potential investors about Minnesota's growing information economy.
new text end
new text begin
Launch Minnesota shall report by December 31, 2022, and again by
December 31, 2023, to the chairs and ranking minority members of the committees of the
house of representatives and senate having jurisdiction over economic development policy
and finance. Each report shall include information on the work completed, including awards
made by the department under this section and progress toward transferring some activities
of Launch Minnesota to an entity outside of state government.
new text end
new text begin
(a) The commissioner shall establish an advisory board to
advise the executive director regarding the activities of Launch Minnesota, make the
recommendations described in this section, and develop and initiate a strategic plan for
transferring some activities of Launch Minnesota to a new or existing public-private
partnership or nonprofit organization outside of state government.
new text end
new text begin
(b) The advisory board shall consist of ten members and is governed by Minnesota
Statutes, section 15.059. A minimum of seven members must be from the private sector
representing business and at least two members but no more than three members must be
from government and higher education. At least three of the members of the advisory board
shall be from greater Minnesota. Appointees shall represent a range of interests, including
entrepreneurs, large businesses, industry organizations, investors, and both public and private
small business service providers.
new text end
new text begin
(c) The advisory board shall select a chair from its private sector members. The executive
director shall provide administrative support to the committee.
new text end
new text begin
(d) The commissioner, or a designee, shall serve as an ex-officio, nonvoting member of
the advisory board.
new text end
new text begin
This section expires January 1, 2024.
new text end
Minnesota Statutes 2018, section 16C.285, subdivision 3, is amended to read:
"Responsible contractor" means a contractor that conforms
to the responsibility requirements in the solicitation document for its portion of the work
on the project and verifies that it meets the following minimum criteria:
(1) the contractor:
(i) is in compliance with workers' compensation and unemployment insurance
requirements;
(ii) is in compliance with Department of Revenue and Department of Employment and
Economic Development registration requirements if it has employees;
(iii) has a valid federal tax identification number or a valid Social Security number if
an individual; and
(iv) has filed a certificate of authority to transact business in Minnesota with the secretary
of state if a foreign corporation or cooperative;
(2) the contractor or related entity is in compliance with and, during the three-year period
before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44,
new text begin 181.03, 181.101,new text end 181.13, 181.14, or 181.722, and has not violated United States Code, title
29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes
of this clause, a violation occurs when a contractor or related entity:
(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate
projects for a total underpayment of $25,000 or more within the three-year period, provided
that a failure to pay is "repeated" only if it involves two or more separate and distinct
occurrences of underpayment during the three-year period;
(ii) has been issued an order to comply by the commissioner of labor and industry that
has become final;
(iii) has been issued at least two determination letters within the three-year period by
the Department of Transportation finding an underpayment by the contractor or related
entity to its own employees;
(iv) has been found by the commissioner of labor and industry to have repeatedly or
willfully violated any of the sections referenced in this clause pursuant to section 177.27;
(v) has been issued a ruling or findings of underpayment by the administrator of the
Wage and Hour Division of the United States Department of Labor that have become final
or have been upheld by an administrative law judge or the Administrative Review Board;
deleted text begin or
deleted text end
(vi) has been found liable for underpayment of wages or penalties or misrepresenting a
construction worker as an independent contractor in an action brought in a court having
jurisdictionnew text begin ; or
new text end
new text begin (vii) has been convicted of a violation of section 609.52, subdivision 2, clause (19)new text end .
Provided that, if the contractor or related entity contests a determination of underpayment
by the Department of Transportation in a contested case proceeding, a violation does not
occur until the contested case proceeding has concluded with a determination that the
contractor or related entity underpaid wages or penalties;
(3) the contractor or related entity is in compliance with and, during the three-year period
before submitting the verification, has not violated section 181.723 or chapter 326B. For
purposes of this clause, a violation occurs when a contractor or related entity has been issued
a final administrative or licensing order;
(4) the contractor or related entity has not, more than twice during the three-year period
before submitting the verification, had a certificate of compliance under section 363A.36
revoked or suspended based on the provisions of section 363A.36, with the revocation or
suspension becoming final because it was upheld by the Office of Administrative Hearings
or was not appealed to the office;
(5) the contractor or related entity has not received a final determination assessing a
monetary sanction from the Department of Administration or Transportation for failure to
meet targeted group business, disadvantaged business enterprise, or veteran-owned business
goals, due to a lack of good faith effort, more than once during the three-year period before
submitting the verification;
(6) the contractor or related entity is not currently suspended or debarred by the federal
government or the state of Minnesota or any of its departments, commissions, agencies, or
political subdivisions that have authority to debar a contractor; and
(7) all subcontractors and motor carriers that the contractor intends to use to perform
project work have verified to the contractor through a signed statement under oath by an
owner or officer that they meet the minimum criteria listed in clauses (1) to (6).
Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5),
occurring prior to July 1, 2014, shall not be considered in determining whether a contractor
or related entity meets the minimum criteria.
Minnesota Statutes 2018, section 175.20, is amended to read:
The commissioner or an authorized representative may enter new text begin without unreasonable delay
new text end and inspect places of employment, during normal working hours, and investigate facts,
conditions, practices or matters as the commissioner deems appropriate to enforce the laws
within the commissioner's jurisdictionnew text begin and to carry out the purposes of this chapter and
chapter 177, 181, 181A, or 184. If an employer refuses to permit entry into the employer's
place of employment, the commissioner may apply for an inspection order in the district
court in the county in which the place of employment is located requiring the employer to
permit entry of the commissioner or an authorized representativenew text end . The commissioner or an
authorized representative may issue subpoenas, new text begin collect evidence, interview witnesses, new text end take
testimony, compel the attendance of witnesses, and shall have authority to administer oaths
and take testimony under oath, but no person shall be compelled to attend as a witness unless
paid the fees provided for witnesses in the district court.new text begin The commissioner may interview
in private nonmanagement employees regarding the matter under investigation.
new text end
Minnesota Statutes 2018, section 177.27, subdivision 2, is amended to read:
The commissioner may require the employer
of employees working in the state to submit to the commissioner photocopies, certified
copies, or, if necessary, the originals of employment records which the commissioner deems
necessary or appropriate. The records which may be required include full and correct
statements in writing, including sworn statements by the employer, containing information
relating to wages, hours, names, addresses, and any other information pertaining to the
employer's employees and the conditions of their employment as the commissioner deems
necessary or appropriate.
The commissioner may require the records to be submitted by certified mail delivery
or, if necessary, by personal delivery by the employer or a representative of the employer,
as authorized by the employer in writing.
The commissioner may fine the employer up to $1,000 for each failure to submit or
deliver records as required by this sectionnew text begin , and up to $5,000 for each repeated failurenew text end . This
penalty is in addition to any penalties provided under section 177.32, subdivision 1. In
determining the amount of a civil penalty under this subdivision, the appropriateness of
such penalty to the size of the employer's business and the gravity of the violation shall be
considered.
Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to
read:
new text begin
(a) The commissioner shall provide an order to comply issued to an employer
under subdivision 4 and the resolution of the compliance order made through settlement or
other final disposition to:
new text end
new text begin
(1) a licensing or regulatory authority of one or more state agencies or agencies of a
political subdivision to which the employer is subject; and
new text end
new text begin
(2) a public contracting authority with which the employer is party to a public contract.
new text end
new text begin
(b) The commissioner shall provide the data set out in the compliance order and the
resolution of the compliance order made through settlement or other final disposition to the
employer's employees whose interests are affected by the order, including an explanation
of how the order was resolved.
new text end
new text begin
(c) Data provided by the commissioner to a licensing agency, contracting authority, or
employee to aid in the law enforcement process under this subdivision is subject to section
13.39.
new text end
new text begin
(d) For purposes of this subdivision, a licensing agency or contracting authority is subject
to chapter 13 and must protect not public data received under this subdivision from unlawful
disclosure.
new text end
Minnesota Statutes 2018, section 177.30, is amended to read:
(a) Every employer subject to sections 177.21 to 177.44 must make and keep a record
of:
(1) the name, address, and occupation of each employee;
(2) the rate of pay, and the amount paid each pay period to each employee;
(3) the hours worked each day and each workweek by the employeenew text begin , including for all
employees paid at piece rate, the number of pieces completed at each piece ratenew text end ;
(4)new text begin a list of the personnel policies provided to the employee, including the date the
policies were given to the employee and a brief description of the policies;
new text end
new text begin
(5) a copy of the notice provided to each employee as required by section 181.032,
paragraph (d), including any written changes to the notice under section 181.032, paragraph
(f);
new text end
new text begin (6)new text end for each employer subject to sections 177.41 to 177.44, and while performing work
on public works projects funded in whole or in part with state funds, the employer shall
furnish under oath signed by an owner or officer of an employer to the contracting authority
and the project owner every two weeks, a certified payroll report with respect to the wages
and benefits paid each employee during the preceding weeks specifying for each employee:
name; identifying number; prevailing wage master job classification; hours worked each
day; total hours; rate of pay; gross amount earned; each deduction for taxes; total deductions;
net pay for week; dollars contributed per hour for each benefit, including name and address
of administrator; benefit account number; and telephone number for health and welfare,
vacation or holiday, apprenticeship training, pension, and other benefit programs; and
deleted text begin (5)deleted text end new text begin (7)new text end other information the commissioner finds necessary and appropriate to enforce
sections 177.21 to 177.435. The records must be kept for three years in deleted text begin or neardeleted text end the premises
where an employee works except each employer subject to sections 177.41 to 177.44, and
while performing work on public works projects funded in whole or in part with state funds,
the records must be kept for three years after the contracting authority has made final payment
on the public works project.
(b)new text begin All records required to be kept under paragraph (a) must be readily available for
inspection by the commissioner upon demand. The records must be either kept at the place
where employees are working or kept in a manner that allows the employer to comply with
this paragraph within 72 hours.
new text end
new text begin (c)new text end The commissioner may fine an employer up to $1,000 for each failure to maintain
records as required by this sectionnew text begin , and up to $5,000 for each repeated failurenew text end . This penalty
is in addition to any penalties provided under section 177.32, subdivision 1. In determining
the amount of a civil penalty under this subdivision, the appropriateness of such penalty to
the size of the employer's business and the gravity of the violation shall be considered.
new text begin
(d) If the records maintained by the employer do not provide sufficient information to
determine the exact amount of back wages due an employee, the commissioner may make
a determination of wages due based on available evidence.
new text end
Minnesota Statutes 2018, section 177.32, subdivision 1, is amended to read:
An employer who does any of the following is guilty
of a misdemeanor:
(1) hinders or delays the commissioner in the performance of duties required under
sections 177.21 to 177.435new text begin , 181.01 to 181.723, or 181.79new text end ;
(2) refuses to admit the commissioner to the place of business or employment of the
employer, as required by section 177.27, subdivision 1;
(3) repeatedly fails to make, keep, and preserve records as required by section 177.30;
(4) falsifies any record;
(5) refuses to make any record available, or to furnish a sworn statement of the record
or any other information as required by section 177.27;
(6) repeatedly fails to post a summary of sections 177.21 to 177.44 or a copy or summary
of the applicable rules as required by section 177.31;
(7) pays or agrees to pay wages at a rate less than the rate required under sections 177.21
to 177.44;
(8) refuses to allow adequate time from work as required by section 177.253; or
(9) otherwise violates any provision of sections 177.21 to 177.44.
new text begin
In addition to the enforcement of this chapter by the department, the attorney general
may enforce this chapter under section 8.31.
new text end
Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to
read:
new text begin
The use of an enforcement provision in this section shall not
preclude the use of any other enforcement provision provided by law.
new text end
Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to
read:
new text begin
Nothing in this section shall be construed to limit the
application of other state or federal laws.
new text end
Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to
read:
new text begin
An employer must not retaliate against an employee for asserting
rights or remedies under this section, sections 177.21 to 177.44, 181.01 to 181.723, or
181.79, including, but not limited to, filing a complaint with the department or telling the
employer of the employee's intention to file a complaint. In addition to any other remedies
provided by law, an employer who violates this subdivision is liable for a civil penalty of
not less than $700 nor more than $3,000 per violation.
new text end
Minnesota Statutes 2018, section 181.032, is amended to read:
(a) At the end of each pay period, the employer shall provide each employee an earnings
statement, either in writing or by electronic means, covering that pay period. An employer
who chooses to provide an earnings statement by electronic means must provide employee
access to an employer-owned computer during an employee's regular working hours to
review and print earnings statements.
(b) The earnings statement may be in any form determined by the employer but must
include:
(1) the name of the employee;
(2) the deleted text begin hourlydeleted text end rate new text begin or rates new text end of pay deleted text begin (if applicable)deleted text end new text begin and basis thereof, including whether
the employee is paid by hour, shift, day, week, salary, piece, commission, or other methodnew text end ;
(3) new text begin allowances, if any, claimed pursuant to permitted meals and lodging;
new text end
new text begin (4) new text end the total number of hours worked by the employee unless exempt from chapter 177;
deleted text begin (4)deleted text end new text begin (5)new text end the total amount of gross pay earned by the employee during that period;
deleted text begin (5)deleted text end new text begin (6)new text end a list of deductions made from the employee's pay;
deleted text begin (6)deleted text end new text begin (7)new text end the net amount of pay after all deductions are made;
deleted text begin (7)deleted text end new text begin (8)new text end the date on which the pay period ends; deleted text begin and
deleted text end
deleted text begin (8)deleted text end new text begin (9)new text end the legal name of the employer and the operating name of the employer if different
from the legal namenew text begin ;
new text end
new text begin
(10) the physical address of the employer's main office or principal place of business,
and a mailing address if different; and
new text end
new text begin (11) the telephone number of the employernew text end .
(c) An employer must provide earnings statements to an employee in writing, rather
than by electronic means, if the employer has received at least 24 hours notice from an
employee that the employee would like to receive earnings statements in written form. Once
an employer has received notice from an employee that the employee would like to receive
earnings statements in written form, the employer must comply with that request on an
ongoing basis.
new text begin
(d) At the start of employment, an employer shall provide each employee a written notice
containing the following information:
new text end
new text begin
(1) the rate or rates of pay and basis thereof, including whether the employee is paid by
the hour, shift, day, week, salary, piece, commission, or other method, and the specific
application of any additional rates;
new text end
new text begin
(2) allowances, if any, claimed pursuant to permitted meals and lodging;
new text end
new text begin
(3) paid vacation, sick time, or other paid time-off accruals and terms of use;
new text end
new text begin
(4) the employee's employment status and whether the employee is exempt from minimum
wage, overtime, and other provisions of chapter 177, and on what basis;
new text end
new text begin
(5) a list of deductions that may be made from the employee's pay;
new text end
new text begin
(6) the number of days in the pay period, the regularly scheduled pay day, and the pay
day on which the employee will receive the first payment of wages earned;
new text end
new text begin
(7) the legal name of the employer and the operating name of the employer if different
from the legal name;
new text end
new text begin
(8) the physical address of the employer's main office or principal place of business, and
a mailing address if different; and
new text end
new text begin
(9) the telephone number of the employer.
new text end
new text begin
(e) The employer must keep a copy of the notice under paragraph (d) signed by each
employee acknowledging receipt of the notice. The notice must be provided to each employee
in English. The English version of the notice must include text provided by the commissioner
that informs employees that they may request, by indicating on the form, the notice be
provided in a particular language. If requested, the employer shall provide the notice in the
language requested by the employee. The commissioner shall make available to employers
the text to be included in the English version of the notice required by this section and assist
employers with translation of the notice in the languages requested by their employees.
new text end
new text begin
(f) An employer must provide the employee any written changes to the information
contained in the notice under paragraph (d) prior to the date the changes take effect.
new text end
Minnesota Statutes 2018, section 181.101, is amended to read:
(a) Except as provided in paragraph (b), every employer must pay all wagesnew text begin , including
salary, earnings, and gratuitiesnew text end earned by an employee at least once every 31 daysnew text begin and all
commissions earned by an employee at least once every three months,new text end on a regular payday
designated in advance by the employer regardless of whether the employee requests payment
at longer intervals. Unless paid earlier, the wages earned during the first half of the first
31-day pay period become due on the first regular payday following the first day of work.
If wages new text begin or commissions new text end earned are not paid, the commissioner of labor and industry or the
commissioner's representative may new text begin serve a new text end demand new text begin for new text end payment on behalf of an employee.
new text begin In addition to other remedies under section 177.27, new text end if payment new text begin of wages new text end is not made within
ten days of new text begin service of the new text end demand, the commissioner may charge and collect the wages
earned new text begin at the employee's rate or rates of pay or at the rate or rates required by law, including
any applicable statute, regulation, rule, ordinance, government resolution or policy, contract,
or other legal authority, whichever rate of pay is greater, new text end and a penalty in the amount of the
employee's average daily earnings at the new text begin same new text end rate deleted text begin agreed upon in the contract of
employment, not exceeding 15 days in all,deleted text end new text begin or ratesnew text end for each day beyond the ten-day limit
following the demand. new text begin If payment of commissions is not made within ten days of service
of the demand, the commissioner may charge and collect the commissions earned and a
penalty equal to 1/15 of the commissions earned but unpaid for each day beyond the ten-day
limit. new text end Money collected by the commissioner must be paid to the employee concerned. This
section does not prevent an employee from prosecuting a claim for wages. This section does
not prevent a school district, other public school entity, or other school, as defined under
section 120A.22, from paying any wages earned by its employees during a school year on
regular paydays in the manner provided by an applicable contract or collective bargaining
agreement, or a personnel policy adopted by the governing board. For purposes of this
section, "employee" includes a person who performs agricultural labor as defined in section
181.85, subdivision 2. For purposes of this section, wages are earned on the day an employee
works.new text begin This section provides a substantive right for employees to the payment of wages,
including salary, earnings, and gratuities, as well as commissions, in addition to the right
to be paid at certain times.
new text end
(b) An employer of a volunteer firefighter, as defined in section 424A.001, subdivision
10, a member of an organized first responder squad that is formally recognized by a political
subdivision in the state, or a volunteer ambulance driver or attendant must pay all wages
earned by the volunteer firefighter, first responder, or volunteer ambulance driver or attendant
at least once every 31 days, unless the employer and the employee mutually agree upon
payment at longer intervals.
new text begin
In addition to the enforcement of this chapter by the department, the attorney general
may enforce this chapter under section 8.31.
new text end
Minnesota Statutes 2018, section 609.52, subdivision 1, is amended to read:
In this section:
(1) "Property" means all forms of tangible property, whether real or personal, without
limitation including documents of value, electricity, gas, water, corpses, domestic animals,
dogs, pets, fowl, and heat supplied by pipe or conduit by municipalities or public utility
companies and articles, as defined in clause (4), representing trade secrets, which articles
shall be deemed for the purposes of Extra Session Laws 1967, chapter 15 to include any
trade secret represented by the article.
(2) "Movable property" is property whose physical location can be changed, including
without limitation things growing on, affixed to, or found in land.
(3) "Value" means the retail market value at the time of the theft, or if the retail market
value cannot be ascertained, the cost of replacement of the property within a reasonable
time after the theft, or in the case of a theft or the making of a copy of an article representing
a trade secret, where the retail market value or replacement cost cannot be ascertained, any
reasonable value representing the damage to the owner which the owner has suffered by
reason of losing an advantage over those who do not know of or use the trade secret. For a
check, draft, or other order for the payment of money, "value" means the amount of money
promised or ordered to be paid under the terms of the check, draft, or other order. For a
theft committed within the meaning of subdivision 2, clause (5), items (i) and (ii), if the
property has been restored to the owner, "value" means the value of the use of the property
or the damage which it sustained, whichever is greater, while the owner was deprived of
its possession, but not exceeding the value otherwise provided herein. For a theft committed
within the meaning of subdivision 2, clause (9), if the property has been restored to the
owner, "value" means the rental value of the property, determined at the rental rate contracted
by the defendant or, if no rental rate was contracted, the rental rate customarily charged by
the owner for use of the property, plus any damage that occurred to the property while the
owner was deprived of its possession, but not exceeding the total retail value of the property
at the time of rental.new text begin For a theft committed within the meaning of subdivision 2, clause (19),
"value" means the difference between wages legally required to be reported or paid to an
employee and the amount actually reported or paid to the employee.
new text end
(4) "Article" means any object, material, device or substance, including any writing,
record, recording, drawing, sample specimen, prototype, model, photograph, microorganism,
blueprint or map, or any copy of any of the foregoing.
(5) "Representing" means describing, depicting, containing, constituting, reflecting or
recording.
(6) "Trade secret" means information, including a formula, pattern, compilation, program,
device, method, technique, or process, that:
(i) derives independent economic value, actual or potential, from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under the circumstances to maintain its
secrecy.
(7) "Copy" means any facsimile, replica, photograph or other reproduction of an article,
and any note, drawing, or sketch made of or from an article while in the presence of the
article.
(8) "Property of another" includes property in which the actor is co-owner or has a lien,
pledge, bailment, or lease or other subordinate interest, property transferred by the actor in
circumstances which are known to the actor and which make the transfer fraudulent as
defined in section 513.44, property possessed pursuant to a short-term rental contract, and
property of a partnership of which the actor is a member, unless the actor and the victim
are husband and wife. It does not include property in which the actor asserts in good faith
a claim as a collection fee or commission out of property or funds recovered, or by virtue
of a lien, setoff, or counterclaim.
(9) "Services" include but are not limited to labor, professional services, transportation
services, electronic computer services, the supplying of hotel accommodations, restaurant
services, entertainment services, advertising services, telecommunication services, and the
supplying of equipment for use including rental of personal property or equipment.
(10) "Motor vehicle" means a self-propelled device for moving persons or property or
pulling implements from one place to another, whether the device is operated on land, rails,
water, or in the air.
(11) "Motor fuel" has the meaning given in section 604.15, subdivision 1.
(12) "Retailer" has the meaning given in section 604.15, subdivision 1.
new text begin
(13) "Wage theft" occurs when an employer with intent to defraud:
new text end
new text begin
(i) fails to pay an employee all wages, salary, gratuities, earnings, or commissions at the
employee's rate or rates of pay or at the rate or rates required by law, including any applicable
statute, regulation, rule, ordinance, government resolution or policy, contract, or other legal
authority, whichever rate of pay is greater;
new text end
new text begin
(ii) directly or indirectly causes any employee to give a receipt for wages for a greater
amount than that actually paid to the employee for services rendered;
new text end
new text begin
(iii) directly or indirectly demands or receives from any employee any rebate or refund
from the wages owed the employee under contract of employment with the employer; or
new text end
new text begin
(iv) makes or attempts to make it appear in any manner that the wages paid to any
employee were greater than the amount actually paid to the employee.
new text end
new text begin
(14) "Employer" means any individual, partnership, association, corporation, business
trust, or any person or group of persons acting directly or indirectly in the interest of an
employer in relation to an employee.
new text end
new text begin
(15) "Employee" means any individual employed by an employer.
new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2018, section 609.52, subdivision 2, is amended to read:
(a) Whoever does any of the following commits theft
and may be sentenced as provided in subdivision 3:
(1) intentionally and without claim of right takes, uses, transfers, conceals or retains
possession of movable property of another without the other's consent and with intent to
deprive the owner permanently of possession of the property; or
(2) with or without having a legal interest in movable property, intentionally and without
consent, takes the property out of the possession of a pledgee or other person having a
superior right of possession, with intent thereby to deprive the pledgee or other person
permanently of the possession of the property; or
(3) obtains for the actor or another the possession, custody, or title to property of or
performance of services by a third person by intentionally deceiving the third person with
a false representation which is known to be false, made with intent to defraud, and which
does defraud the person to whom it is made. "False representation" includes without
limitation:
(i) the issuance of a check, draft, or order for the payment of money, except a forged
check as defined in section 609.631, or the delivery of property knowing that the actor is
not entitled to draw upon the drawee therefor or to order the payment or delivery thereof;
or
(ii) a promise made with intent not to perform. Failure to perform is not evidence of
intent not to perform unless corroborated by other substantial evidence; or
(iii) the preparation or filing of a claim for reimbursement, a rate application, or a cost
report used to establish a rate or claim for payment for medical care provided to a recipient
of medical assistance under chapter 256B, which intentionally and falsely states the costs
of or actual services provided by a vendor of medical care; or
(iv) the preparation or filing of a claim for reimbursement for providing treatment or
supplies required to be furnished to an employee under section 176.135 which intentionally
and falsely states the costs of or actual treatment or supplies provided; or
(v) the preparation or filing of a claim for reimbursement for providing treatment or
supplies required to be furnished to an employee under section 176.135 for treatment or
supplies that the provider knew were medically unnecessary, inappropriate, or excessive;
or
(4) by swindling, whether by artifice, trick, device, or any other means, obtains property
or services from another person; or
(5) intentionally commits any of the acts listed in this subdivision but with intent to
exercise temporary control only and:
(i) the control exercised manifests an indifference to the rights of the owner or the
restoration of the property to the owner; or
(ii) the actor pledges or otherwise attempts to subject the property to an adverse claim;
or
(iii) the actor intends to restore the property only on condition that the owner pay a
reward or buy back or make other compensation; or
(6) finds lost property and, knowing or having reasonable means of ascertaining the true
owner, appropriates it to the finder's own use or to that of another not entitled thereto without
first having made reasonable effort to find the owner and offer and surrender the property
to the owner; or
(7) intentionally obtains property or services, offered upon the deposit of a sum of money
or tokens in a coin or token operated machine or other receptacle, without making the
required deposit or otherwise obtaining the consent of the owner; or
(8) intentionally and without claim of right converts any article representing a trade
secret, knowing it to be such, to the actor's own use or that of another person or makes a
copy of an article representing a trade secret, knowing it to be such, and intentionally and
without claim of right converts the same to the actor's own use or that of another person. It
shall be a complete defense to any prosecution under this clause for the defendant to show
that information comprising the trade secret was rightfully known or available to the
defendant from a source other than the owner of the trade secret; or
(9) leases or rents personal property under a written instrument and who:
(i) with intent to place the property beyond the control of the lessor conceals or aids or
abets the concealment of the property or any part thereof; or
(ii) sells, conveys, or encumbers the property or any part thereof without the written
consent of the lessor, without informing the person to whom the lessee sells, conveys, or
encumbers that the same is subject to such lease or rental contract with intent to deprive the
lessor of possession thereof; or
(iii) does not return the property to the lessor at the end of the lease or rental term, plus
agreed-upon extensions, with intent to wrongfully deprive the lessor of possession of the
property; or
(iv) returns the property to the lessor at the end of the lease or rental term, plus
agreed-upon extensions, but does not pay the lease or rental charges agreed upon in the
written instrument, with intent to wrongfully deprive the lessor of the agreed-upon charges.
For the purposes of items (iii) and (iv), the value of the property must be at least $100.
Evidence that a lessee used a false, fictitious, or not current name, address, or place of
employment in obtaining the property or fails or refuses to return the property or pay the
rental contract charges to lessor within five days after written demand for the return has
been served personally in the manner provided for service of process of a civil action or
sent by certified mail to the last known address of the lessee, whichever shall occur later,
shall be evidence of intent to violate this clause. Service by certified mail shall be deemed
to be complete upon deposit in the United States mail of such demand, postpaid and addressed
to the person at the address for the person set forth in the lease or rental agreement, or, in
the absence of the address, to the person's last known place of residence; or
(10) alters, removes, or obliterates numbers or symbols placed on movable property for
purpose of identification by the owner or person who has legal custody or right to possession
thereof with the intent to prevent identification, if the person who alters, removes, or
obliterates the numbers or symbols is not the owner and does not have the permission of
the owner to make the alteration, removal, or obliteration; or
(11) with the intent to prevent the identification of property involved, so as to deprive
the rightful owner of possession thereof, alters or removes any permanent serial number,
permanent distinguishing number or manufacturer's identification number on personal
property or possesses, sells or buys any personal property knowing or having reason to
know that the permanent serial number, permanent distinguishing number or manufacturer's
identification number has been removed or altered; or
(12) intentionally deprives another of a lawful charge for cable television service by:
(i) making or using or attempting to make or use an unauthorized external connection
outside the individual dwelling unit whether physical, electrical, acoustical, inductive, or
other connection; or by
(ii) attaching any unauthorized device to any cable, wire, microwave, or other component
of a licensed cable communications system as defined in chapter 238. Nothing herein shall
be construed to prohibit the electronic video rerecording of program material transmitted
on the cable communications system by a subscriber for fair use as defined by Public Law
94-553, section 107; or
(13) except as provided in clauses (12) and (14), obtains the services of another with
the intention of receiving those services without making the agreed or reasonably expected
payment of money or other consideration; or
(14) intentionally deprives another of a lawful charge for telecommunications service
by:
(i) making, using, or attempting to make or use an unauthorized connection whether
physical, electrical, by wire, microwave, radio, or other means to a component of a local
telecommunication system as provided in chapter 237; or
(ii) attaching an unauthorized device to a cable, wire, microwave, radio, or other
component of a local telecommunication system as provided in chapter 237.
The existence of an unauthorized connection is prima facie evidence that the occupier
of the premises:
(A) made or was aware of the connection; and
(B) was aware that the connection was unauthorized;
(15) with intent to defraud, diverts corporate property other than in accordance with
general business purposes or for purposes other than those specified in the corporation's
articles of incorporation; or
(16) with intent to defraud, authorizes or causes a corporation to make a distribution in
violation of section 302A.551, or any other state law in conformity with it; or
(17) takes or drives a motor vehicle without the consent of the owner or an authorized
agent of the owner, knowing or having reason to know that the owner or an authorized agent
of the owner did not give consent; or
(18) intentionally, and without claim of right, takes motor fuel from a retailer without
the retailer's consent and with intent to deprive the retailer permanently of possession of
the fuel by driving a motor vehicle from the premises of the retailer without having paid
for the fuel dispensed into the vehiclenew text begin ; or
new text end
new text begin (19) commits wage theft under subdivision 1, clause (13)new text end .
(b) Proof that the driver of a motor vehicle into which motor fuel was dispensed drove
the vehicle from the premises of the retailer without having paid for the fuel permits the
factfinder to infer that the driver acted intentionally and without claim of right, and that the
driver intended to deprive the retailer permanently of possession of the fuel. This paragraph
does not apply if: (1) payment has been made to the retailer within 30 days of the receipt
of notice of nonpayment under section 604.15; or (2) a written notice as described in section
604.15, subdivision 4, disputing the retailer's claim, has been sent. This paragraph does not
apply to the owner of a motor vehicle if the vehicle or the vehicle's license plate has been
reported stolen before the theft of the fuel.
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2018, section 609.52, subdivision 3, is amended to read:
Whoever commits theft may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the property is a firearm, or the value of the property or services stolen
is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4),
(15), deleted text begin ordeleted text end (16), new text begin or (19), new text end or section 609.2335, subdivision 1, clause (1) or (2), item (i); or
(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the
property stolen was an article representing a trade secret, an explosive or incendiary device,
or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the
exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:
(a) the value of the property or services stolen is more than $1,000 but not more than
$5,000; or
(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant
to section 152.02; or
(c) the value of the property or services stolen is more than $500 but not more than
$1,000 and the person has been convicted within the preceding five years for an offense
under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision
1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United
States, or a foreign jurisdiction, in conformity with any of those sections, and the person
received a felony or gross misdemeanor sentence for the offense, or a sentence that was
stayed under section 609.135 if the offense to which a plea was entered would allow
imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than $1,000, and any of the
following circumstances exist:
(i) the property is taken from the person of another or from a corpse, or grave or coffin
containing a corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or record kept,
filed or deposited according to law with or in the keeping of any public officer or office; or
(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or
(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property or services stolen is more than $500 but not
more than $1,000; or
(5) in all other cases where the value of the property or services stolen is $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
(4), deleted text begin anddeleted text end (13), new text begin and (19), new text end the value of the money or property or services received by the
defendant in violation of any one or more of the above provisions within any six-month
period may be aggregated and the defendant charged accordingly in applying the provisions
of this subdivision; provided that when two or more offenses are committed by the same
person in two or more counties, the accused may be prosecuted in any county in which one
of the offenses was committed for all of the offenses aggregated under this paragraph.
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2018, section 268.035, subdivision 12, is amended to read:
(a) "Covered employment" means deleted text begin the following unless
excluded as "noncovered employment" under subdivision 20:
deleted text end
deleted text begin (1)deleted text end an employee's entire employment during the calendar quarter if:
deleted text begin (i)deleted text end new text begin (1) 50 percent or more ofnew text end the employment during the quarter is performed deleted text begin primarilydeleted text end
in Minnesota;
deleted text begin (ii)deleted text end new text begin (2) 50 percent or more ofnew text end the employment during the quarter is not performed
deleted text begin primarilydeleted text end in Minnesota or any other statenew text begin , or Canada,new text end but some of the employment is
performed in Minnesota and the deleted text begin base of operations or the place from which the employment
is directed or controlled is in Minnesota; or
deleted text end
deleted text begin (iii) the employment during the quarter is not performed primarily in Minnesota or any
other state and the base of operations or place from which the employment is directed or
controlled is not in any state where part of the employment is performed, but thedeleted text end employee's
residence is in Minnesotanew text begin during 50 percent or more of the calendar quarternew text end ;
deleted text begin
(2) an employee's entire employment during the calendar quarter performed within the
United States or Canada, if:
deleted text end
deleted text begin
(i) the employment is not covered employment under the unemployment insurance
program of any other state, federal law, or the law of Canada; and
deleted text end
deleted text begin
(ii) the place from which the employment is directed or controlled is in Minnesota;
deleted text end
(3) the employment during the deleted text begin calendardeleted text end quarterdeleted text begin ,deleted text end new text begin isnew text end performed deleted text begin entirelydeleted text end outside the United
States and Canada, by an employee who is a United States citizen in the employ of an
American employernew text begin ,new text end if the employer's principal place of business in the United States is
located in Minnesota.new text begin For the purposes of this clause,new text end an "American employerdeleted text begin ,deleted text end " deleted text begin for the
purposes of this clause, means a corporation organized under the laws of any state, an
individual who is a resident of the United States, or a partnership if two-thirds or more of
the partners are residents of the United States, or a trust, if all of the trustees are residents
of the United Statesdeleted text end new text begin is defined under the Federal Unemployment Tax Act, United States
Code title 26, chapter 23, section 3306, subsection (j)(3)new text end ; deleted text begin anddeleted text end new text begin or
new text end
(4) deleted text begin alldeleted text end new text begin thenew text end employment during the deleted text begin calendardeleted text end quarternew text begin isnew text end performed by an officer or member
of the crew of an American vessel deleted text begin on or in connection with the vessel, if thedeleted text end operatingnew text begin on
navigable waters within, or within and without, the United States, and thenew text end office from which
the operations of the vessel deleted text begin operating on navigable waters within, or within and without,
the United States are ordinarily and regularly supervised, managed, directed,deleted text end and controlled
is in Minnesota.
(b) "Covered employment" includes covered agricultural employment under subdivision
11.
(c) For the purposes of section 268.095, "covered employment" includes employment
covered under an unemployment insurance program:
(1) of any other state; deleted text begin or
deleted text end
(2) established by an act of Congressdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) the law of Canada.
new text end
new text begin
(d) The percentage of employment performed under paragraph (a) is determined by the
amount of hours worked.
new text end
new text begin
(e) Covered employment does not include any employment defined as "noncovered
employment" under subdivision 20.
new text end
Minnesota Statutes 2018, section 268.035, subdivision 20, is amended to read:
"Noncovered employment" means:
(1) employment for the United States government or an instrumentality thereof, including
military service;
(2) employment for a state, other than Minnesota, or a political subdivision or
instrumentality thereof;
(3) employment for a foreign government;
(4) employment covered under the federal Railroad Unemployment Insurance Act;
(5) employment for a church or convention or association of churches, or a nonprofit
organization operated primarily for religious purposes that is operated, supervised, controlled,
or principally supported by a church or convention or association of churches;
(6) employment for an elementary or secondary school with a curriculum that includes
religious education that is operated by a church, a convention or association of churches,
or a nonprofit organization that is operated, supervised, controlled, or principally supported
by a church or convention or association of churches;
(7) employment for Minnesota or a political subdivision, or a nonprofit organization, of
a duly ordained or licensed minister of a church in the exercise of a ministry or by a member
of a religious order in the exercise of duties required by the order;
(8) employment for Minnesota or a political subdivision, or a nonprofit organization, of
an individual receiving rehabilitation of "sheltered" work in a facility conducted for the
purpose of carrying out a program of rehabilitation for individuals whose earning capacity
is impaired by age or physical or mental deficiency or injury or a program providing
"sheltered" work for individuals who because of an impaired physical or mental capacity
cannot be readily absorbed in the competitive labor market. This clause applies only to
services performed in a facility certified by the Rehabilitation Services Branch of the
department or in a day training or habilitation program licensed by the Department of Human
Services;
(9) employment for Minnesota or a political subdivision, or a nonprofit organization, of
an individual receiving work relief or work training as part of an unemployment work relief
or work training program financed in whole or in part by any federal agency or an agency
of a state or political subdivision thereof. This clause does not apply to programs that require
unemployment benefit coverage for the participants;
(10) employment for Minnesota or a political subdivision, as an elected official, a member
of a legislative body, or a member of the judiciary;
(11) employment as a member of the Minnesota National Guard or Air National Guard;
(12) employment for Minnesota or a political subdivision, or instrumentality thereof, of
an individual serving on a temporary basis in case of fire, flood, tornado, or similar
emergency;
(13) employment as an election official or election worker for Minnesota or a political
subdivision, if the compensation for that employment was less than $1,000 in a calendar
year;
(14) employment for Minnesota that is a major policy-making or advisory position in
the unclassified service;
(15) employment for Minnesota in an unclassified position established under section
43A.08, subdivision 1a;
(16) employment for a political subdivision of Minnesota that is a nontenured major
policy making or advisory position;
(17) domestic employment in a private household, local college club, or local chapter
of a college fraternity or sorority, if the wages paid in any calendar quarter in either the
current or prior calendar year to all individuals in domestic employment totaled less than
$1,000.
"Domestic employment" includes all service in the operation and maintenance of a
private household, for a local college club, or local chapter of a college fraternity or sorority
as distinguished from service as an employee in the pursuit of an employer's trade or business;
(18) employment of an individual by a son, daughter, or spouse, and employment of a
child under the age of 18 by the child's father or mother;
(19) employment of an inmate of a custodial or penal institution;
(20) employment for a school, college, or university, by a student who is enrolled and
whose primary relation to the school, college, or university is as a student. This does not
include an individual whose primary relation to the school, college, or university is as an
employee who also takes courses;
(21) employment of an individual who is enrolled as a student in a full-time program at
a nonprofit or public educational institution that maintains a regular faculty and curriculum
and has a regularly organized body of students in attendance at the place where its educational
activities are carried on, taken for credit at the institution, that combines academic instruction
with work experience, if the employment is an integral part of the program, and the institution
has so certified to the employer, except that this clause does not apply to employment in a
program established for or on behalf of an employer or group of employers;
new text begin
(22) employment of a foreign college or university student who works on a seasonal or
temporary basis under the J-1 visa summer work travel program described in Code of Federal
Regulations, title 22, section 62.32;
new text end
deleted text begin (22)deleted text end new text begin (23)new text end employment of university, college, or professional school students in an
internship or other training program with the city of St. Paul or the city of Minneapolis
under Laws 1990, chapter 570, article 6, section 3;
deleted text begin (23)deleted text end new text begin (24)new text end employment for a hospital by a patient of the hospital. "Hospital" means an
institution that has been licensed by the Department of Health as a hospital;
deleted text begin (24)deleted text end new text begin (25)new text end employment as a student nurse for a hospital or a nurses' training school by
an individual who is enrolled and is regularly attending classes in an accredited nurses'
training school;
deleted text begin (25)deleted text end new text begin (26)new text end employment as an intern for a hospital by an individual who has completed a
four-year course in an accredited medical school;
deleted text begin (26)deleted text end new text begin (27)new text end employment as an insurance salesperson, by other than a corporate officer, if
all the wages from the employment is solely by way of commission. The word "insurance"
includes an annuity and an optional annuity;
deleted text begin (27)deleted text end new text begin (28)new text end employment as an officer of a township mutual insurance company or farmer's
mutual insurance company under chapter 67A;
deleted text begin (28)deleted text end new text begin (29)new text end employment of a corporate officer, if the officer directly or indirectly, including
through a subsidiary or holding company, owns 25 percent or more of the employer
corporation, and employment of a member of a limited liability company, if the member
directly or indirectly, including through a subsidiary or holding company, owns 25 percent
or more of the employer limited liability company;
deleted text begin (29)deleted text end new text begin (30)new text end employment as a real estate salesperson, other than a corporate officer, if all
the wages from the employment is solely by way of commission;
deleted text begin (30)deleted text end new text begin (31)new text end employment as a direct seller as defined in United States Code, title 26, section
3508;
deleted text begin (31)deleted text end new text begin (32)new text end employment of an individual under the age of 18 in the delivery or distribution
of newspapers or shopping news, not including delivery or distribution to any point for
subsequent delivery or distribution;
deleted text begin (32)deleted text end new text begin (33)new text end casual employment performed for an individual, other than domestic
employment under clause (17), that does not promote or advance that employer's trade or
business;
deleted text begin (33)deleted text end new text begin (34)new text end employment in "agricultural employment" unless it is "covered agricultural
employment" under subdivision 11; or
deleted text begin (34)deleted text end new text begin (35)new text end if employment during one-half or more of any pay period was covered
employment, all the employment for the pay period is covered employment; but if during
more than one-half of any pay period the employment was noncovered employment, then
all of the employment for the pay period is noncovered employment. "Pay period" means
a period of not more than a calendar month for which a payment or compensation is ordinarily
made to the employee by the employer.
Minnesota Statutes 2018, section 268.051, subdivision 2a, is amended to read:
(a) If the balance in the trust
fund on December 31 of any calendar year is four percent or more above the amount equal
to an average high cost multiple of 1.0, future unemployment taxes payable must be reduced
by all amounts above 1.0. The amount of tax reduction for any taxpaying employer is the
same percentage of the total amount above 1.0 as the percentage of taxes paid by the
employer during the calendar year is of the total amount of taxes that were paid by all
deleted text begin nonmaximum experience rateddeleted text end employers during the yearnew text begin except taxes paid by employers
assigned a tax rate equal to the maximum experience rating plus the applicable base tax
ratenew text end .
(b) For purposes of this subdivision, "average high cost multiple" has the meaning given
in Code of Federal Regulations, title 20, section 606.3, as amended through December 31,
2015. An amount equal to an average high cost multiple of 1.0 is a federal measure of
adequate reserves in relation to the state's current economy. The commissioner must calculate
and publish, as soon as possible following December 31 of any calendar year, the trust fund
balance on December 31 along with the amount an average high cost multiple of 1.0 equals.
Actual wages paid must be used in the calculation and estimates may not be used.
(c)new text begin The unemployment tax reduction undernew text end this subdivision does not apply to employers
that were deleted text begin atdeleted text end new text begin assigned a tax rate equal tonew text end the maximum experience ratingnew text begin plus the applicable
base tax ratenew text end for the yeardeleted text begin , nor to high experience rating industry employers under subdivision
5, paragraph (b)deleted text end . Computations under paragraph (a) are not subject to the rounding
requirement of section 268.034. The refund provisions of section 268.057, subdivision 7,
do not apply.
(d) The unemployment tax reduction under this subdivision applies to taxes paid between
March 1 and December 15 of the year following the December 31 computation under
paragraph (a).
(e) deleted text begin The amount equal to the average high cost multiple of 1.0 on December 31, 2012,
must be used for the calculation under paragraph (a) but only for the calculation made on
December 31, 2015. Notwithstanding paragraph (d), the tax reduction resulting from the
application of this paragraph applies to unemployment taxes paid between July 1, 2016,
and June 30, 2017.deleted text end new text begin If there was an experience rating history transfer under subdivision 4,
the successor employer must receive that portion of the predecessor employer's tax reduction
equal to that portion of the experience rating history transferred. The predecessor employer
retains that portion of tax reduction not transferred to the successor. This paragraph applies
to that portion of the tax reduction that remains unused at the time of notice of acquisition
is provided under subdivision 4, paragraph (e).
new text end
new text begin
Unless otherwise specified, this article is effective October 1, 2020.
new text end
Minnesota Statutes 2018, section 268.057, subdivision 5, is amended to read:
If any amounts due from an employer under
this chapter or section 116L.20, except late fees under section 268.044, are not received on
the date due deleted text begin the unpaid balance bearsdeleted text end new text begin the commissioner must assess interest on any amount
that remains unpaid. new text end Interest new text begin is assessed new text end at the rate of one percent per month or any part of
a month. new text begin Interest is not assessed on unpaid interest. new text end Interest collected under this subdivision
is credited to the contingent account.
new text begin
This section is effective October 1, 2020.
new text end
Minnesota Statutes 2018, section 268.18, subdivision 2b, is amended to read:
On any unemployment benefits obtained by misrepresentation, and
any penalty amounts assessed under subdivision 2, the commissioner must assess interest
deleted text begin at the rate of one percent per monthdeleted text end on any amount that remains unpaid beginning 30 calendar
days after the date of a determination of overpayment penalty. new text begin Interest is assessed at the
rate of one percent per month or any part of a month. new text end A determination of overpayment
penalty must state that interest will be assessed. Interest is new text begin not new text end assessed deleted text begin in the same manner
as on employer debt under section 268.057, subdivision 5deleted text end new text begin on unpaid interestnew text end . Interest
deleted text begin paymentsdeleted text end collected under this subdivision deleted text begin aredeleted text end new text begin isnew text end credited to the trust fund.
new text begin
This section is effective October 1, 2020.
new text end
Minnesota Statutes 2018, section 268.035, subdivision 4, is amended to read:
(a) "Base period," unless otherwise provided in this subdivision,
means the most recent four completed calendar quarters before the effective date of an
applicant's application for unemployment benefits if the application has an effective date
occurring after the month following the most recent completed calendar quarter. The base
period under this paragraph is as follows:
If the application for unemployment benefits is effective on or between these dates: |
The base period is the prior: |
||
February 1 - March 31 |
January 1 - December 31 |
||
May 1 - June 30 |
April 1 - March 31 |
||
August 1 - September 30 |
July 1 - June 30 |
||
November 1 - December 31 |
October 1 - September 30 |
(b) If an application for unemployment benefits has an effective date that is during the
month following the most recent completed calendar quarter, then the base period is the
first four of the most recent five completed calendar quarters before the effective date of
an applicant's application for unemployment benefits. The base period under this paragraph
is as follows:
If the application for unemployment benefits is effective on or between these dates: |
The base period is the prior: |
||
January 1 - January 31 |
October 1 - September 30 |
||
April 1 - April 30 |
January 1 - December 31 |
||
July 1 - July 31 |
April 1 - March 31 |
||
October 1 - October 31 |
July 1 - June 30 |
(c) Regardless of paragraph (a), a base period of the first four of the most recent five
completed calendar quarters must be used if the applicant would have more wage credits
under that base period than under a base period of the four most recent completed calendar
quarters.
deleted text begin
(d) If the applicant under paragraph (b) has insufficient wage credits to establish a benefit
account, then a base period of the most recent four completed calendar quarters before the
effective date of the applicant's application for unemployment benefits must be used.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end If the applicant has insufficient wage credits to establish a benefit account under
a base period of the four most recent completed calendar quarters, or a base period of the
first four of the most recent five completed calendar quarters, but during either base period
the applicant received workers' compensation for temporary disability under chapter 176
or a similar federal law or similar law of another state, or if the applicant whose own serious
illness caused a loss of work for which the applicant received compensation for loss of
wages from some other source, the applicant may request a base period as follows:
(1) if an applicant was compensated for a loss of work of seven to 13 weeksdeleted text begin ,deleted text end new text begin during a
base period referred to in paragraph (a) or (b), then new text end the base period is the first four of the
most recent six completed calendar quarters before the effective date of the application for
unemployment benefits;
(2) if an applicant was compensated for a loss of work of 14 to 26 weeksdeleted text begin ,deleted text end new text begin during a base
period referred to in paragraph (a) or (b), then new text end the base period is the first four of the most
recent seven completed calendar quarters before the effective date of the application for
unemployment benefits;
(3) if an applicant was compensated for a loss of work of 27 to 39 weeksdeleted text begin ,deleted text end new text begin during a base
period referred to in paragraph (a) or (b), then new text end the base period is the first four of the most
recent eight completed calendar quarters before the effective date of the application for
unemployment benefits; and
(4) if an applicant was compensated for a loss of work of 40 to 52 weeksdeleted text begin ,deleted text end new text begin during a base
period referred to in paragraph (a) or (b), then new text end the base period is the first four of the most
recent nine completed calendar quarters before the effective date of the application for
unemployment benefits.
deleted text begin (f)deleted text end new text begin (e)new text end No base period under this subdivision may include wage credits upon which a
prior benefit account was established.
Minnesota Statutes 2018, section 268.07, subdivision 1, is amended to read:
(a) An application for unemployment benefits may be filed in person, by mail, or
by electronic transmission as the commissioner may require. The applicant must be
unemployed at the time the application is filed and must provide all requested information
in the manner required. If the applicant is not unemployed at the time of the application or
fails to provide all requested information, the communication is not an application for
unemployment benefits.
(b) The commissioner must examine each application for unemployment benefits to
determine the base period and the benefit year, and based upon all the covered employment
in the base period the commissioner must determine the weekly unemployment benefit
amount available, if any, and the maximum amount of unemployment benefits available,
if any. The determination, which is a document separate and distinct from a document titled
a determination of eligibility or determination of ineligibility issued under section 268.101,
must be titled determination of benefit account. A determination of benefit account must
be sent to the applicant and all base period employers, by mail or electronic transmission.
(c) If a base period employer did not provide wage detail information for the applicant
as required under section 268.044, deleted text begin or provided erroneous information, or wage detail is not
yet due and the applicant is using a base period under section 268.035, subdivision 4,
paragraph (d),deleted text end the commissioner may accept an applicant certification of wage credits, based
upon the applicant's records, and issue a determination of benefit account.
deleted text begin
(d) An employer must provide wage detail information on an applicant within five
calendar days of request by the commissioner, in a manner and format requested, when:
deleted text end
deleted text begin
(1) the applicant is using a base period under section 268.035, subdivision 4, paragraph
(d); and
deleted text end
deleted text begin
(2) wage detail under section 268.044 is not yet required to have been filed by the
employer.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The commissioner may, at any time within 24 months from the establishment of
a benefit account, reconsider any determination of benefit account and make an amended
determination if the commissioner finds that the wage credits listed in the determination
were incorrect for any reason. An amended determination of benefit account must be
promptly sent to the applicant and all base period employers, by mail or electronic
transmission. This subdivision does not apply to documents titled determinations of eligibility
or determinations of ineligibility issued under section 268.101.
deleted text begin (f)deleted text end new text begin (e)new text end If an amended determination of benefit account reduces the weekly unemployment
benefit amount or maximum amount of unemployment benefits available, any unemployment
benefits that have been paid greater than the applicant was entitled is an overpayment of
unemployment benefits. A determination or amended determination issued under this section
that results in an overpayment of unemployment benefits must set out the amount of the
overpayment and the requirement under section 268.18, subdivision 1, that the overpaid
unemployment benefits must be repaid.
new text begin
Unless otherwise specified, this article is effective January 1, 2020.
new text end
Minnesota Statutes 2018, section 268.035, subdivision 15, is amended to read:
(a) "Employment" means service performed by:
(1) an individual who is an employee under the common law of employer-employee and
not an independent contractor;
(2) an officer of a corporation;
(3) a member of a limited liability company who is an employee under the common law
of employer-employee; deleted text begin or
deleted text end
new text begin
(4) an individual who is an employee under the Federal Insurance Contributions Act,
United States Code, title 26, chapter 21, sections 3121 (d)(3)(A) and 3121 (d)(3)(D); or
new text end
deleted text begin (4)deleted text end new text begin (5)new text end product demonstrators in retail stores or other locations to aid in the sale of
products. The person that pays the wages is the employer.
(b) Employment does not include service as a juror.
(c) Construction industry employment is defined in subdivision 9a. Trucking and
messenger/courier industry employment is defined in subdivision 25b. Rules on determining
worker employment status are described under Minnesota Rules, chapter 3315.
Minnesota Statutes 2018, section 268.044, subdivision 2, is amended to read:
(a) Any employer that fails to submit
the quarterly wage detail report when due must pay a late fee of $10 per employee, computed
based upon the highest of:
(1) the number of employees reported on the last wage detail report submitted;
(2) the number of employees reported in the corresponding quarter of the prior calendar
year; or
(3) if no wage detail report has ever been submitted, the number of employees listed at
the time of employer registration.
The late fee is canceled if the wage detail report is received within 30 calendar days
after a demand for the report is sent to the employer by mail or electronic transmission. A
late fee assessed an employer may not be canceled more than twice each 12 months. The
amount of the late fee assessed may not be less than $250.
(b) If the wage detail report is not received in a manner and format prescribed by the
commissioner within 30 calendar days after demand is sent under paragraph (a), the late
fee assessed under paragraph (a) doubles and a renewed demand notice and notice of the
increased late fee will be sent to the employer by mail or electronic transmission.
(c) Late fees due under this subdivision may be canceled, in whole or in part, under
section deleted text begin 268.066 where good cause for late submission is found by the commissionerdeleted text end new text begin 268.067new text end .
Minnesota Statutes 2018, section 268.047, subdivision 3, is amended to read:
Unemployment benefits paid will not
be used in computing the future tax rate of a taxpaying base period employer when:
(1) the applicant's wage credits from that employer are less than $500;
(2) the applicant quit the employment, unless it was determined under section 268.095,
to have been because of a good reason caused by the employer or because the employer
notified the applicant of discharge within 30 calendar days. This exception applies deleted text begin onlydeleted text end to
unemployment benefits paid for periods after the applicant's quitting the employmentnew text begin and,
if the applicant is rehired by the employer, continues only until the beginning of the week
the applicant is rehirednew text end ; or
(3) the employer discharged the applicant from employment because of employment
misconduct as determined under section 268.095. This exception applies deleted text begin onlydeleted text end to
unemployment benefits paid for periods after the applicant's discharge from employmentnew text begin
and, if the applicant is rehired by the employer, continues only until the beginning of the
week the applicant is rehirednew text end .
Minnesota Statutes 2018, section 268.085, subdivision 3, is amended to read:
(a) An
applicant is not eligible to receive unemployment benefits for any week the applicant is
receiving, has received, or will receive vacation pay, sick pay, or personal time off pay, also
known as "PTO."
This paragraph deleted text begin only applies upon temporary, indefinite, or seasonal separation anddeleted text end does
not apply:
(1) upon a permanent separation from employment; or
(2) to payments from a vacation fund administered by a union or a third party not under
the control of the employer.
deleted text begin
Payments under this paragraph are applied to the period immediately following the
temporary, indefinite, or seasonal separation.
deleted text end
deleted text begin
(b) An applicant is not eligible to receive unemployment benefits for any week the
applicant is receiving, has received, or will receive severance pay, bonus pay, or any other
payments paid by an employer because of, upon, or after separation from employment.
deleted text end
deleted text begin
This paragraph only applies if the payment is:
deleted text end
deleted text begin
(1) considered wages under section 268.035, subdivision 29; or
deleted text end
deleted text begin
(2) subject to the Federal Insurance Contributions Act (FICA) tax imposed to fund Social
Security and Medicare.
deleted text end
new text begin (b) new text end Payments under this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end are applied to the period immediately
following the later of the date of separation from employment or the date the applicant first
becomes aware that the employer will be making a payment. The date the payment is actually
made or received, or that an applicant must agree to a release of claims, does not affect the
application of this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end .
deleted text begin
This paragraph does not apply to earnings under subdivision 5, back pay under
subdivision 6, or vacation pay, sick pay, or personal time off pay under paragraph (a).
deleted text end
deleted text begin
(c) An applicant is not eligible to receive unemployment benefits for any week the
applicant is receiving, has received, will receive, or has applied for pension, retirement, or
annuity payments from any plan contributed to by a base period employer including the
United States government. The base period employer is considered to have contributed to
the plan if the contribution is excluded from the definition of wages under section 268.035,
subdivision 29. If the pension, retirement, or annuity payment is paid in a lump sum, an
applicant is not considered to have received a payment if:
deleted text end
deleted text begin
(1) the applicant immediately deposits that payment in a qualified pension plan or
account; or
deleted text end
deleted text begin
(2) that payment is an early distribution for which the applicant paid an early distribution
penalty under the Internal Revenue Code, United States Code, title 26, section 72(t)(1).
deleted text end
deleted text begin
This paragraph does not apply to Social Security benefits under subdivision 4 or 4a.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end This subdivision applies to all the weeks of payment. The number of weeks of
payment is determined as follows:
(1) if the payments are made periodically, the total of the payments to be received is
divided by the applicant's last level of regular weekly pay from the employer; or
(2) if the payment is made in a lump sum, that sum is divided by the applicant's last level
of regular weekly pay from the employer.
deleted text begin For purposes of this paragraph,deleted text end new text begin Thenew text end "last level of regular weekly pay" includes
commissions, bonuses, and overtime pay if that is part of the applicant's ongoing regular
compensation.
deleted text begin (e)deleted text end new text begin (d)new text end Under this subdivision, if the payment with respect to a week is equal to or more
than the applicant's weekly unemployment benefit amount, the applicant is ineligible for
benefits for that week. If the payment with respect to a week is less than the applicant's
weekly unemployment benefit amount, unemployment benefits are reduced by the amount
of the payment.
Minnesota Statutes 2018, section 268.085, subdivision 3a, is amended to read:
(a) An applicant
is not eligible to receive unemployment benefits for any week in which the applicant is
receiving or has received compensation for loss of wages equal to or in excess of the
applicant's weekly unemployment benefit amount under:
(1) the workers' compensation law of this state;
(2) the workers' compensation law of any other state or similar federal law; or
(3) any insurance or trust fund paid in whole or in part by an employer.
(b) This subdivision does not apply to an applicant who has a claim pending for loss of
wages under paragraph (a); however, before unemployment benefits may be paid when a
claim is pending, the issue of the applicant being available for suitable employment, as
required under subdivision 1, clause (4), deleted text begin isdeleted text end new text begin must benew text end determined under section 268.101,
subdivision 2. If the applicant later receives compensation as a result of the pending claim,
the applicant is subject to deleted text begin the provisions ofdeleted text end paragraph (a) and the unemployment benefits
paid are deleted text begin subject to recoupment by the commissioner to the extent that the compensation
constitutesdeleted text end overpaid unemployment benefitsnew text begin under section 268.18, subdivision 1new text end .
(c) If the amount of compensation described under paragraph (a) for any week is less
than the applicant's weekly unemployment benefit amount, unemployment benefits requested
for that week are reduced by the amount of that compensation payment.
Minnesota Statutes 2018, section 268.085, is amended by adding a subdivision to
read:
new text begin
(a) An applicant is not eligible to receive unemployment benefits for any week
the applicant is receiving, has received, or will receive separation pay, severance pay, bonus
pay, or any other payments paid by an employer because of, upon, or after separation from
employment. This subdivision applies if the payment is:
new text end
new text begin
(1) considered wages under section 268.035, subdivision 29; or
new text end
new text begin
(2) subject to the Federal Insurance Contributions Act (FICA) tax imposed to fund Social
Security and Medicare.
new text end
new text begin
(b) Payments under this subdivision are applied to the period immediately following the
later of the date of separation from employment or the date the applicant first becomes
aware that the employer will be making a payment. The date the payment is actually made
or received, or that an applicant must agree to a release of claims, does not affect the
application of this paragraph.
new text end
new text begin
(c) This subdivision does not apply to earnings under subdivision 5, back pay under
subdivision 6, or vacation pay, sick pay, or personal time off pay under subdivision 3.
new text end
new text begin
(d) This subdivision applies to all the weeks of payment. The number of weeks of
payment is determined in accordance with subdivision 3, paragraph (c).
new text end
new text begin
(e) Under this subdivision, if the payment with respect to a week is equal to or more
than the applicant's weekly unemployment benefit amount, the applicant is ineligible for
benefits for that week. If the payment with respect to a week is less than the applicant's
weekly unemployment benefit amount, unemployment benefits are reduced by the amount
of the payment.
new text end
Minnesota Statutes 2018, section 268.085, is amended by adding a subdivision to
read:
new text begin
(a) An applicant is not eligible to
receive unemployment benefits for any week the applicant is receiving, has received, will
receive, or has applied for pension, retirement, or annuity payments from any plan contributed
to by a base period employer including the United States government. The base period
employer is considered to have contributed to the plan if the contribution is excluded from
the definition of wages under section 268.035, subdivision 29.
new text end
new text begin
(b) If the pension, retirement, or annuity payment is paid in a lump sum, an applicant is
not considered to have received a payment if:
new text end
new text begin
(1) the applicant immediately deposits that payment in a qualified pension plan or
account; or
new text end
new text begin
(2) that payment is an early distribution for which the applicant paid an early distribution
penalty under the Internal Revenue Code, United States Code, title 26, section 72(t)(1).
new text end
new text begin
(c) This subdivision does not apply to Social Security benefits under subdivision 4 or
4a.
new text end
new text begin
(d) This subdivision applies to all the weeks of payment.
new text end
new text begin
If the payment is made in a lump sum, that sum is divided by the applicant's last level
of regular weekly pay from the employer to determine the weeks of payment.
new text end
new text begin
The "last level of regular weekly pay" includes commissions, bonuses, and overtime
pay if that is part of the applicant's ongoing regular compensation.
new text end
new text begin
(e) Under this subdivision, if the payment with respect to a week is equal to or more
than the applicant's weekly unemployment benefit amount, the applicant is ineligible for
benefits for that week. If the payment with respect to a week is less than the applicant's
weekly unemployment benefit amount, unemployment benefits are reduced by the amount
of the payment.
new text end
Minnesota Statutes 2018, section 268.085, subdivision 13a, is amended to read:
(a) An applicant on a voluntary leave of absence is
ineligible for unemployment benefits for the duration of the leave of absence. An applicant
on an involuntary leave of absence is not ineligible under this subdivision.
A leave of absence is voluntary when work that the applicant can then perform is available
with the applicant's employer but the applicant chooses not to work. A medical leave of
absence is not presumed to be voluntary.
(b) A period of vacation requested by the applicant, paid or unpaid, is a voluntary leave
of absence. A vacation period assigned by an employer under: (1) a uniform vacation
shutdown; (2) a collective bargaining agreement; or (3) an established employer policy, is
an involuntary leave of absence.
(c) A leave of absence is a temporary stopping of work that has been approved by the
employer. A deleted text begin voluntarydeleted text end leave of absence is not a quit deleted text begin and an involuntary leave of absencedeleted text end
deleted text begin is notdeleted text end new text begin ornew text end a discharge from employment deleted text begin for purposes ofdeleted text end new text begin .new text end Section 268.095new text begin does not apply to
a leave of absencenew text end .
(d) An applicant who is on a paid leave of absence, whether the leave of absence is
voluntary or involuntary, is ineligible for unemployment benefits for the duration of the
leave.
(e) This subdivision applies to a leave of absence from a base period employer, an
employer during the period between the end of the base period and the effective date of the
benefit account, or an employer during the benefit year.
Minnesota Statutes 2018, section 268.095, subdivision 6, is amended to read:
(a) Employment misconduct means any
intentional, negligent, or indifferent conduct, on the job or off the jobnew text begin ,new text end that deleted text begin displays clearly:
deleted text end
deleted text begin (1)deleted text end new text begin isnew text end a serious violation of the standards of behavior the employer has the right to
reasonably expect of the employeedeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(2) a substantial lack of concern for the employment.
deleted text end
(b) Regardless of paragraph (a), the following is not employment misconduct:
(1) conduct that was a consequence of the applicant's mental illness or impairment;
(2) conduct that was a consequence of the applicant's inefficiency or inadvertence;
(3) simple unsatisfactory conduct;
(4) conduct an average reasonable employee would have engaged in under the
circumstances;
(5) conduct that was a consequence of the applicant's inability or incapacity;
(6) good faith errors in judgment if judgment was required;
(7) absence because of illness or injury of the applicant, with proper notice to the
employer;
(8) absence, with proper notice to the employer, in order to provide necessary care
because of the illness, injury, or disability of an immediate family member of the applicant;
(9) conduct that was a consequence of the applicant's chemical dependency, unless the
applicant was previously diagnosed chemically dependent or had treatment for chemical
dependency, and since that diagnosis or treatment has failed to make consistent efforts to
control the chemical dependency; or
(10) conduct that was a consequence of the applicant, or an immediate family member
of the applicant, being a victim of domestic abuse, sexual assault, or stalking. For the
purposes of this subdivision, "domestic abuse," "sexual assault," and "stalking" have the
meanings given them in subdivision 1.
(c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20,
169A.31, 169A.50 to 169A.53, or 171.177 that deleted text begin interferes with ordeleted text end adversely affects the
employment is employment misconduct.
(d) If the conduct for which the applicant was discharged involved only a single incident,
that is an important fact that must be considered in deciding whether the conduct rises to
the level of employment misconduct under paragraph (a). This paragraph does not require
that a determination under section 268.101 or decision under section 268.105 contain a
specific acknowledgment or explanation that this paragraph was considered.
(e) The definition of employment misconduct provided by this subdivision is exclusive
and no other definition applies.
Minnesota Statutes 2018, section 268.095, subdivision 6a, is amended to read:
(a) deleted text begin For the purpose of this
section, "aggravated employment misconduct" means:
deleted text end
deleted text begin (1)deleted text end The commission of any act, on the job or off the job, that would amount to a gross
misdemeanor or felony new text begin is aggravated employment misconduct new text end if the act deleted text begin substantially
interfered with the employment ordeleted text end had a significant adverse effect on the employmentdeleted text begin ; ordeleted text end new text begin .
new text end
new text begin
A criminal charge or conviction is not necessary to determine aggravated employment
misconduct under this paragraph. If an applicant is convicted of a gross misdemeanor or
felony, the applicant is presumed to have committed the act.
new text end
deleted text begin (2)deleted text end new text begin (b) new text end For an employee of a facility as defined in section 626.5572, aggravated
employment misconduct includes an act of patient or resident abuse, financial exploitation,
or recurring or serious neglect, as defined in section 626.5572 and applicable rules.
deleted text begin
(b) If an applicant is convicted of a gross misdemeanor or felony for the same act for
which the applicant was discharged, it is aggravated employment misconduct if the act
substantially interfered with the employment or had a significant adverse effect on the
employment.
deleted text end
(c) The definition of aggravated employment misconduct provided by this subdivision
is exclusive and no other definition applies.
new text begin
Unless otherwise specified, this article is effective October 1, 2019.
new text end
Minnesota Statutes 2018, section 268.044, subdivision 3, is amended to read:
(a) Any employer that submits the wage
detail report, but fails to include all new text begin required new text end employee information or enters erroneous
information, is subject to an administrative service fee of $25 for each employee for whom
the information is partially missing or erroneous.
(b) Any employer that submits the wage detail report, but fails to include an employee,
is subject to an administrative service fee equal to two percent of the total wages for each
employee for whom the information is completely missing.
(c) An administrative service fee under this subdivision must be canceled new text begin under section
268.067 new text end if the commissioner determines that the failure or error by the employer occurred
because of ignorance or inadvertence.
Minnesota Statutes 2018, section 268.046, subdivision 1, is amended to read:
(a) Any person that contracts with a taxpaying
employer to have that person obtain the taxpaying employer's workforce and provide workers
to the taxpaying employer for a fee is, as of the effective date of the contract, assigned for
the duration of the contract the taxpaying employer's account under section 268.045. That
tax account must be maintained by the person separate and distinct from every other tax
account held by the person and identified in a manner prescribed by the commissioner. The
tax account is, for the duration of the contract, considered that person's account for all
purposes of this chapter. The workers obtained from the taxpaying employer and any other
workers provided by that person to the taxpaying employer, including officers of the
taxpaying employer as defined in section 268.035, subdivision 20, clause deleted text begin (28)deleted text end new text begin (29)new text end , whose
wages paid by the person are considered paid in covered employment under section 268.035,
subdivision 24, for the duration of the contract between the taxpaying employer and the
person, must, under section 268.044, be reported on the wage detail report under that tax
account, and that person must pay any taxes due at the tax rate computed for that account
under section 268.051, subdivision 2.
(b) Any workers of the taxpaying employer who are not covered by the contract under
paragraph (a) must be reported by the taxpaying employer as a separate unit on the wage
detail report under the tax account assigned under paragraph (a). Taxes and any other
amounts due on the wages reported by the taxpaying employer under this paragraph may
be paid directly by the taxpaying employer.
(c) If the taxpaying employer that contracts with a person under paragraph (a) does not
have a tax account at the time of the execution of the contract, an account must be registered
for the taxpaying employer under section 268.042 and the new employer tax rate under
section 268.051, subdivision 5, must be assigned. The tax account is then assigned to the
person as provided for in paragraph (a).
(d) A person that contracts with a taxpaying employer under paragraph (a) must, within
30 calendar days of the execution or termination of a contract, notify the commissioner by
electronic transmission, in a format prescribed by the commissioner, of that execution or
termination. The taxpaying employer's name, the account number assigned, and any other
information required by the commissioner must be provided by that person.
(e) Any contract subject to paragraph (a) must specifically inform the taxpaying employer
of the assignment of the tax account under this section and the taxpaying employer's
obligation under paragraph (b). If there is a termination of the contract, the tax account is,
as of the date of termination, immediately assigned to the taxpaying employer.
Minnesota Statutes 2018, section 268.069, subdivision 1, is amended to read:
The commissioner must pay unemployment benefits
from the trust fund to an applicant who has met each of the following requirements:
(1) the applicant has filed an application for unemployment benefits and established a
benefit account in accordance with section 268.07;
(2) the applicant has not been held ineligible for unemployment benefits under section
268.095 because of a quit or discharge;
(3) the applicant has met all of the ongoing eligibility requirements under section 268.085;
(4) the applicant does not have an outstanding overpayment of unemployment benefits,
including any penalties or interest; and
(5) the applicant has not been held ineligible for unemployment benefits under section
268.183 deleted text begin because of a false representation or concealment of factsdeleted text end .
Minnesota Statutes 2018, section 268.105, subdivision 6, is amended to read:
(a) In any proceeding under subdivision 1 or 2, an
applicant or employer may be represented by any authorized representative.
Except for services provided by an attorney-at-law, no person may charge an applicant
a fee of any kind for advising, assisting, or representing an applicant in a hearing deleted text begin ordeleted text end new text begin ,new text end on
reconsiderationnew text begin , or in a proceeding under subdivision 7new text end .
(b) An applicant may not be charged fees, costs, or disbursements of any kind in a
proceeding before an unemployment law judge, the Minnesota Court of Appeals, or the
Supreme Court of Minnesota.
(c) No attorney fees may be awardednew text begin , or costs or disbursements assessed,new text end against the
department as a result of any proceedings under this section.
Minnesota Statutes 2018, section 268.145, subdivision 1, is amended to read:
(a) Upon filing an application for unemployment benefits,
the applicant must be informed that:
(1) unemployment benefits are subject to federal and state income tax;
(2) there are requirements for filing estimated tax payments;
(3) the applicant may elect to have federal income tax withheld from unemployment
benefits;
(4) if the applicant elects to have federal income tax withheld, the applicant may, in
addition, elect to have Minnesota state income tax withheld; and
(5) at any time during the benefit year the applicant may change a prior election.
(b) If an applicant elects to have federal income tax withheld, the commissioner must
deduct ten percent for federal income tax. If an applicant also elects to have Minnesota state
income tax withheld, the commissioner must make an additional five percent deduction for
state income tax. Any deleted text begin amountsdeleted text end new text begin amountnew text end deducted deleted text begin or offsetdeleted text end under deleted text begin sections 268.155, 268.18,
and 268.184 havedeleted text end new text begin section 268.085 hasnew text end priority over any amounts deducted under this section.
Federal income tax withholding has priority over state income tax withholding.
(c) An election to have income tax withheld may not be retroactive and only applies to
unemployment benefits paid after the election.
Minnesota Statutes 2018, section 268.18, subdivision 5, is amended to read:
(a) Any method undertaken to recover an overpayment of
unemployment benefits, including any penalties and interest, is not an election of a method
of recovery.
(b) Intervention or lack thereof, in whole or in part, in a workers' compensation matter
under section 176.361 is not an election of a remedy and does not prevent the commissioner
from determining an applicant ineligible for unemployment benefits deleted text begin or taking action under
section 268.183deleted text end .
new text begin
The revisor of statutes is instructed to make the following changes in Minnesota Statutes:
new text end
new text begin
(1) delete the term "bona fide" wherever it appears in section 268.035;
new text end
new text begin
(2) replace the term "under" with "subject to" in section 268.047, subdivision 2, clause
(8);
new text end
new text begin
(3) replace the term "displays clearly" with "shows" in chapter 268;
new text end
new text begin
(4) replace the term "entire" with "hearing" in section 268.105; and
new text end
new text begin
(5) replace "24 calendar months" with "eight calendar quarters" in section 268.052,
subdivision 2.
new text end
new text begin
Unless otherwise specified, this article is effective October 1, 2019.
new text end
Minnesota Statutes 2018, section 15.72, subdivision 2, is amended to read:
new text begin (a) new text end A public contracting agency may reserve as retainage from any
progress payment on a public contract for a public improvement an amount not to exceed
five percent of the payment. A public new text begin contractingnew text end agency may reduce the amount of the
retainage and may eliminate retainage on any monthly contract payment if, in the agency's
opinion, the work is progressing satisfactorily.
new text begin
(b) The public contracting agency must release all retainage no later than 60 days after
substantial completion, subject to the terms of this subdivision. If the public contracting
agency reduces the amount of retainage, the contractor must reduce retainage for any
subcontractors at the same rate.
new text end
new text begin
(c) A contractor on a public contract for a public improvement must pay all remaining
retainage to its subcontractors no later than ten days after receiving payment of retainage
from the public contracting agency, unless there is a dispute about the work under a
subcontract. If there is a dispute about the work under a subcontract, the contractor must
pay out retainage to any subcontractor whose work is not involved in the dispute, and must
provide a written statement detailing the amount and reason for the withholding to the
affected subcontractor.
new text end
new text begin
(d) Upon written request of a subcontractor, the public contracting agency shall notify
the subcontractor of a progress payment, retainage payment, or final payment made to the
contractor.
new text end
new text begin
(e) After substantial completion, a public contracting agency may withhold no more
than:
new text end
new text begin
(1) 250 percent of the cost to correct or complete work known at the time of substantial
completion; and
new text end
new text begin
(2) one percent of the value of the contract or $500, whichever is greater, pending
completion and submission of all final paperwork by the contractor or subcontractor. For
purposes of this subdivision, "final paperwork" means documents required to fulfill
contractual obligations, including, but not limited to, operation manuals, payroll documents
for projects subject to prevailing wage requirements, and the withholding exemption
certificate required by section 270C.66.
new text end
new text begin
If the public contracting agency withholds payment under this paragraph, the public
contracting agency must promptly provide a written statement detailing the amount and
basis of withholding to the contractor. The public contracting agency and contractor must
provide a copy of this statement to any subcontractor that requests it. Any amounts withheld
under clause (1) must be paid within 60 days after completion of the work. Any amounts
withheld under clause (2) must be paid within 60 days after submission of all final paperwork.
new text end
new text begin
(f) As used in this subdivision, "substantial completion" shall be determined as provided
in section 541.051, subdivision 1, paragraph (a). For construction, reconstruction, or
improvement of streets and highways, including bridges, substantial completion means the
date when construction-related traffic devices and ongoing inspections are no longer required.
new text end
new text begin
(g) Withholding retainage for warranty work is prohibited. This provision does not waive
any rights for warranty claims.
new text end
new text begin
(h) For a project funded with federal or state aid, the public contracting agency is not
required to pay that portion of the contract funded by federal or state aid until the federal
or state aid payments have been received.
new text end
new text begin
(i) Nothing in this section requires payment for a portion of a contract that is not complete
or for which an invoice has not been submitted.
new text end
new text begin
This section applies to agreements entered into on or after August
1, 2019.
new text end
Minnesota Statutes 2018, section 175.46, subdivision 3, is amended to read:
(a) The commissioner shall:
(1) approve youth skills training programs new text begin that train student learners for careers new text end in
high-growth, high-demand occupations that provide:
(i) that the work of the student learner in the occupations declared particularly hazardous
shall be incidental to the training;
(ii) that the work shall be intermittent and for short periods of time, and under the direct
and close supervision of a qualified and experienced person;
(iii) that safety instruction shall be provided to the student learner and may be given by
the school and correlated by the employer with on-the-job training;
(iv) a schedule of organized and progressive work processes to be performed on the job;
(v) a schedule of wage rates in compliance with section 177.24; and
(vi) whether the student learner will obtain secondary school academic credit,
postsecondary credit, or both, for the training program;
(2) approve occupations and maintain a list of approved occupations for programs under
this section;
(3) issue requests for proposals for grants;
(4) work with individuals representing industry and labor to develop new youth skills
training programs;
(5) develop model program guides;
(6) monitor youth skills training programs;
(7) provide technical assistance to local partnership grantees;
(8) work with providers to identify paths for receiving postsecondary credit for
participation in the youth skills training program; and
(9) approve other activities as necessary to implement the program.
(b) The commissioner shall collaborate with stakeholders, including, but not limited to,
representatives of secondary school institutions, career and technical education instructors,
postsecondary institutions, businesses, and labor, in developing youth skills training
programs, and identifying and approving occupations and competencies for youth skills
training programs.
Minnesota Statutes 2018, section 175.46, subdivision 13, is amended to read:
(a)new text begin The commissioner shall award grants to local partnerships
for youth skills training programs that train student learners for careers in high-growth,
high-demand occupations. Grant awards may not exceed $100,000 per local partnership
grant.
new text end
new text begin (b)new text end A local partnership awarded a grant under this section must use the grant award for
any of the following implementation and coordination activities:
(1) recruiting additional employers to provide on-the-job training and supervision for
student learners and providing technical assistance to those employers;
(2) recruiting students to participate in the local youth skills training program, monitoring
the progress of student learners participating in the program, and monitoring program
outcomes;
(3) coordinating youth skills training activities within participating school districts and
among participating school districts, postsecondary institutions, and employers;
(4) coordinating academic, vocational and occupational learning, school-based and
work-based learning, and secondary and postsecondary education for participants in the
local youth skills training program;
(5) coordinating transportation for student learners participating in the local youth skills
training program; and
(6) any other implementation or coordination activity that the commissioner may direct
or permit the local partnership to perform.
deleted text begin (b)deleted text end new text begin (c)new text end Grant awards may not be used to directly or indirectly pay the wages of a student
learner.
Minnesota Statutes 2018, section 326B.082, subdivision 6, is amended to read:
(a) The commissioner may issue a notice of violation to
any person who the commissioner determines has committed a violation of the applicable
law. The notice of violation must state a summary of the facts that constitute the violation
and the applicable law violated. The notice of violation may require the person to correct
the violation. If correction is required, the notice of violation must state the deadline by
which the violation must be corrected.
(b) The commissioner shall issue the notice of violation by:
(1) serving the notice of violation on the property owner or on the person who committed
the violation; or
(2) posting the notice of violation at the location where the violation occurred.
(c) If the person to whom the commissioner has issued the notice of violation believes
the notice was issued in error, then the person may request reconsideration of the parts of
the notice that the person believes are in error. The request for reconsideration must be in
writing and must be served on deleted text begin ordeleted text end new text begin ,new text end faxednew text begin , or e-mailednew text end to the commissioner at the address deleted text begin ordeleted text end new text begin ,new text end
fax numbernew text begin , or e-mail addressnew text end specified in the notice of violation by the tenth day after the
commissioner issued the notice of violation. The date on which a request for reconsideration
is served by mail shall be the postmark date on the envelope in which the request for
reconsideration is mailed. If the person does not serve deleted text begin ordeleted text end new text begin ,new text end faxnew text begin , or e-mailnew text end a written request
for reconsideration or if the person's written request for reconsideration is not served on or
faxed to the commissioner by the tenth day after the commissioner issued the notice of
violation, the notice of violation shall become a final order of the commissioner and will
not be subject to review by any court or agency. The request for reconsideration must:
(1) specify which parts of the notice of violation the person believes are in error;
(2) explain why the person believes the parts are in error; and
(3) provide documentation to support the request for reconsideration.
The commissioner shall respond in writing to requests for reconsideration made under
this paragraph within 15 days after receiving the request. A request for reconsideration does
not stay a requirement to correct a violation as set forth in the notice of violation. After
reviewing the request for reconsideration, the commissioner may affirm, modify, or rescind
the notice of violation. The commissioner's response to a request for reconsideration is final
and shall not be reviewed by any court or agency.
Minnesota Statutes 2018, section 326B.082, subdivision 8, is amended to read:
(a) Within 30 days after the
commissioner issues an administrative order or within 20 days after the commissioner issues
the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the person to
whom the administrative order or notice is issued may request an expedited hearing to
review the commissioner's order or notice. The request for hearing must be in writing and
must be served on deleted text begin ordeleted text end new text begin ,new text end faxednew text begin , or e-mailednew text end to the commissioner at the address deleted text begin ordeleted text end new text begin ,new text end fax numbernew text begin ,
or e-mail addressnew text end specified in the order or notice. If the person does not request a hearing
or if the person's written request for hearing is not served on deleted text begin ordeleted text end new text begin ,new text end faxednew text begin , or e-mailednew text end to the
commissioner by the 30th day after the commissioner issues the administrative order or the
20th day after the commissioner issues the notice under section 326B.083, subdivision 3,
paragraph (b), clause (3), the order will become a final order of the commissioner and will
not be subject to review by any court or agency. The date on which a request for hearing is
served by mail shall be the postmark date on the envelope in which the request for hearing
is mailed. The hearing request must specifically state the reasons for seeking review of the
order or notice. The person to whom the order or notice is issued and the commissioner are
the parties to the expedited hearing. The commissioner must notify the person to whom the
order or notice is issued of the time and place of the hearing at least 15 days before the
hearing. The expedited hearing must be held within 45 days after a request for hearing has
been received by the commissioner unless the parties agree to a later date.
(b) Parties may submit written arguments if permitted by the administrative law judge.
All written arguments must be submitted within ten days following the completion of the
hearing or the receipt of any late-filed exhibits that the parties and the administrative law
judge have agreed should be received into the record, whichever is later. The hearing shall
be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this
subdivision. The Office of Administrative Hearings may, in consultation with the agency,
adopt rules specifically applicable to cases under this section.
(c) The administrative law judge shall issue a report making findings of fact, conclusions
of law, and a recommended order to the commissioner within 30 days following the
completion of the hearing, the receipt of late-filed exhibits, or the submission of written
arguments, whichever is later.
(d) If the administrative law judge makes a finding that the hearing was requested solely
for purposes of delay or that the hearing request was frivolous, the commissioner may add
to the amount of the penalty the costs charged to the department by the Office of
Administrative Hearings for the hearing.
(e) If a hearing has been held, the commissioner shall not issue a final order until at least
five days after the date of the administrative law judge's report. Any person aggrieved by
the administrative law judge's report may, within those five days, serve written comments
to the commissioner on the report and the commissioner shall consider and enter the
comments in the record. The commissioner's final order shall comply with sections 14.61,
subdivision 2, and 14.62, subdivisions 1 and 2a, and may be appealed in the manner provided
in sections 14.63 to 14.69.
Minnesota Statutes 2018, section 326B.082, subdivision 12, is amended to read:
(a) If
the commissioner determines that a permit, license, registration, or certificate should be
conditioned, limited, suspended, revoked, or denied under subdivision 11, or that the permit
holder, licensee, registrant, or certificate holder should be censured under subdivision 11,
then the commissioner shall issue to the person an order denying, conditioning, limiting,
suspending, or revoking the person's permit, license, registration, or certificate, or censuring
the permit holder, licensee, registrant, or certificate holder.
(b) Any order issued under paragraph (a) may include an assessment of monetary penalties
and may require the person to cease and desist from committing the violation or committing
the act, conduct, or practice set out in subdivision 11, paragraph (b). The monetary penalty
may be up to $10,000 for each violation or act, conduct, or practice committed by the person.
The procedures in section 326B.083 must be followed when issuing orders under paragraph
(a).
(c) The permit holder, licensee, registrant, certificate holder, or applicant to whom the
commissioner issues an order under paragraph (a) shall have 30 days after issuance of the
order to request a hearing. The request for hearing must be in writing and must be served
on deleted text begin ordeleted text end new text begin ,new text end faxednew text begin , or e-mailednew text end to the commissioner at the address deleted text begin ordeleted text end new text begin ,new text end fax numbernew text begin , or e-mail addressnew text end
specified in the order by the 30th day after issuance of the order. If the person does not
request a hearing or if the person's written request for hearing is not served on deleted text begin ordeleted text end new text begin ,new text end faxednew text begin , or
e-mailednew text end to the commissioner by the 30th day after issuance of the order, the order shall
become a final order of the commissioner and will not be subject to review by any court or
agency. The date on which a request for hearing is served by mail shall be the postmark
date on the envelope in which the request for hearing is mailed. If the person submits to the
commissioner a timely request for hearing, the order is stayed unless the commissioner
summarily suspends the license, registration, certificate, or permit under subdivision 13,
and a contested case hearing shall be held in accordance with chapter 14.
Minnesota Statutes 2018, section 326B.103, subdivision 11, is amended to read:
"Public building" means a building and its grounds the cost
of which is paid for by the state or a state agency regardless of its cost, and a deleted text begin school districtdeleted text end
building projectnew text begin for a school districtnew text end or charter school deleted text begin building projectdeleted text end the cost of which is
$100,000 or more.
Minnesota Statutes 2018, section 326B.106, subdivision 9, is amended to read:
(a) Public buildings. The code must deleted text begin provide for makingdeleted text end new text begin require
new new text end public buildings deleted text begin constructed or remodeled after July 1, 1963deleted text end deleted text begin ,deleted text end new text begin and remodeled portions
of existing public buildings to be new text end accessible to and usable by persons with disabilitiesdeleted text begin ,
although this does not require the remodeling of public buildings solely to provide
accessibility and usability to persons with disabilities when remodeling would not otherwise
be undertakendeleted text end .
(b) Leased space. No agency of the state may lease space for agency operations in a
non-state-owned building unless the building satisfies the requirements of the State Building
Code for accessibility by persons with disabilities, or is eligible to display the state symbol
of accessibility. This limitation applies to leases of 30 days or more for space of at least
1,000 square feet.
(c) Meetings or conferences. Meetings or conferences for the public or for state
employees which are sponsored in whole or in part by a state agency must be held in
buildings that meet the State Building Code requirements relating to accessibility for persons
with disabilities. This subdivision does not apply to any classes, seminars, or training
programs offered by the Minnesota State Colleges and Universities or the University of
Minnesota. Meetings or conferences intended for specific individuals none of whom need
the accessibility features for persons with disabilities specified in the State Building Code
need not comply with this subdivision unless a person with a disability gives reasonable
advance notice of an intent to attend the meeting or conference. When sign language
interpreters will be provided, meetings or conference sites must be chosen which allow
participants who are deaf or hard-of-hearing to see the sign language interpreters clearly.
(d) Exemptions. The commissioner may grant an exemption from the requirements of
paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts
were made to secure facilities which complied with those requirements and if the selected
facilities are the best available for access for persons with disabilities. Exemptions shall be
granted using criteria developed by the commissioner in consultation with the Council on
Disability.
(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
International's Eleventh World Congress is the state symbol indicating buildings, facilities,
and grounds which are accessible to and usable by persons with disabilities. In the interests
of uniformity, this symbol is the sole symbol for display in or on all public or private
buildings, facilities, and grounds which qualify for its use. The secretary of state shall obtain
the symbol and keep it on file. No building, facility, or grounds may display the symbol
unless it is in compliance with the rules adopted by the commissioner under subdivision 1.
Before any rules are proposed for adoption under this paragraph, the commissioner shall
consult with the Council on Disability. Rules adopted under this paragraph must be enforced
in the same way as other accessibility rules of the State Building Code.
Minnesota Statutes 2018, section 326B.46, is amended by adding a subdivision to
read:
new text begin
Any vehicle used by a plumbing contractor
or restricted plumbing contractor while performing plumbing work for which a contractor's
license is required shall have the contractor's name and license number as it appears on the
contractor's license in contrasting color with characters at least three inches high and one-half
inch in width affixed to each side of the vehicle.
new text end
Minnesota Statutes 2018, section 326B.475, subdivision 4, is amended to read:
deleted text begin (a)deleted text end A restricted master plumber and restricted
journeyworker plumber license must be renewed for as long as that licensee engages in the
plumbing trade. Notwithstanding section 326B.094, failure to renew a restricted master
plumber and restricted journeyworker plumber license within 12 months after the expiration
date will result in permanent forfeiture of the restricted master plumber and restricted
journeyworker plumber license.
deleted text begin
(b) The commissioner shall in a manner determined by the commissioner, without the
need for any rulemaking under chapter 14, phase in the renewal of restricted master plumber
and restricted journeyworker plumber licenses from one year to two years. By June 30,
2011, all restricted master plumber and restricted journeyworker plumber licenses shall be
two-year licenses.
deleted text end
Minnesota Statutes 2018, section 326B.821, subdivision 21, is amended to read:
(a) Each
licensee must, during each continuing education reporting period, complete and report one
hour of continuing education relating to energy codes or energy conservation measures
applicable to residential buildingsnew text begin and one hour of business management strategies applicable
to residential construction businessesnew text end .
(b) Immediately following the adoption date of a new residential code, the commissioner
may prescribe that up to seven of the required 14 hours of continuing education credit per
licensure period include education hours specifically designated to instruct licensees on
new or existing State Building Code provisions.
Minnesota Statutes 2018, section 326B.84, is amended to read:
The commissioner may use any enforcement provision in section 326B.082 against an
applicant for, qualifying person of, or holder of a license or certificate of exemption,new text begin or any
individual or entity who is required by law to hold a license or certificate of exemption,new text end if
thenew text begin individual, entity,new text end applicant, licensee, certificate of exemption holder, qualifying person,
or owner, officer, member, managing employee, or affiliate of the applicant, licensee, or
certificate of exemption holder:
(1) has filed an application for licensure or a certificate of exemption which is incomplete
in any material respect or contains any statement which, in light of the circumstances under
which it is made, is false or misleading with respect to any material fact;
(2) has engaged in a fraudulent, deceptive, or dishonest practice;
(3) is permanently or temporarily enjoined by any court of competent jurisdiction from
engaging in or continuing any conduct or practice involving any aspect of the business;
(4) has failed to reasonably supervise employees, agents, subcontractors, or salespersons,
or has performed negligently or in breach of contract, so as to cause injury or harm to the
public;
(5) has violated or failed to comply with any provision of sections 326B.802 to 326B.885,
any rule or order under sections 326B.802 to 326B.885, or any other law, rule, or order
related to the duties and responsibilities entrusted to the commissioner;
(6) has been convicted of a violation of the State Building Code or has refused to comply
with a correction order issued by a certified building official, or in local jurisdictions that
have not adopted the State Building Code has refused to correct a violation of the State
Building Code when the violation has been documented by a certified building official;
(7) has failed to use the proceeds of any payment made to the licensee for the construction
of, or any improvement to, residential real estate, as defined in section 326B.802, subdivision
13, for the payment of labor, skill, material, and machinery contributed to the construction
or improvement, knowing that the cost of any labor performed, or skill, material, or
machinery furnished for the improvement remains unpaid;
(8) has not furnished to the person making payment either a valid lien waiver as to any
unpaid labor performed, or skill, material, or machinery furnished for an improvement, or
a payment bond in the basic amount of the contract price for the improvement conditioned
for the prompt payment to any person or persons entitled to payment;
(9) has engaged in an act or practice that results in compensation to an aggrieved owner
or lessee from the contractor recovery fund pursuant to section 326B.89, unless:
(i) the applicant or licensee has repaid the fund twice the amount paid from the fund,
plus interest at the rate of 12 percent per year; and
(ii) the applicant or licensee has obtained a surety bond in the amount of at least $40,000,
issued by an insurer authorized to transact business in this state;
(10) has engaged in bad faith, unreasonable delays, or frivolous claims in defense of a
civil lawsuit or arbitration arising out of their activities as a licensee or certificate of
exemption holder under this chapter;
(11) has had a judgment entered against them for failure to make payments to employees,
subcontractors, or suppliers, that the licensee has failed to satisfy and all appeals of the
judgment have been exhausted or the period for appeal has expired;
(12) if unlicensed, has obtained a building permit by the fraudulent use of a fictitious
license number or the license number of another, or, if licensed, has knowingly allowed an
unlicensed person to use the licensee's license number for the purpose of fraudulently
obtaining a building permit; or has applied for or obtained a building permit for an unlicensed
person;
(13) has made use of a forged mechanic's lien waiver under chapter 514;
(14) has provided false, misleading, or incomplete information to the commissioner or
has refused to allow a reasonable inspection of records or premises;
(15) has engaged in an act or practice whether or not the act or practice directly involves
the business for which the person is licensed, that demonstrates that the applicant or licensee
is untrustworthy, financially irresponsible, or otherwise incompetent or unqualified to act
under the license granted by the commissioner; or
(16) has failed to comply with requests for information, documents, or other requests
from the department within the time specified in the request or, if no time is specified, within
30 days of the mailing of the request by the department.
Minnesota Statutes 2018, section 337.10, subdivision 4, is amended to read:
(a) Unless the building and construction
contract provides otherwise, the owner or other persons making payments under the contract
must make progress payments monthly as the work progresses. Payments shall be based
upon estimates of work completed as approved by the owner or the owner's agent. A progress
payment shall not be considered acceptance or approval of any work or waiver of any defects
therein.
(b) Retainage on a building and construction contract may not exceed five percent. An
owner or owner's agent may reduce the amount of retainage and may eliminate retainage
on any monthly contract payment if, in the owner's opinion, the work is progressing
satisfactorily.new text begin If the owner reduces the amount of retainage, the contractor must reduce
retainage for any subcontractors at the same rate.new text end Nothing in this subdivision is intended to
require that retainage be withheld in any building or construction contract.
new text begin
(c) The owner or the owner's agent must release all retainage no later than 60 days after
substantial completion subject to the terms of this subdivision. For purposes of this
subdivision, "substantial completion" shall be determined as provided in section 541.051,
subdivision 1, paragraph (a).
new text end
deleted text begin (c)deleted text end new text begin (d) A contractor must pay all remaining retainage to its subcontractors no later than
ten days after receiving payment of retainage, unless there is a dispute about the work under
a subcontract, in which case the contractor must pay out retainage to any party whose work
is not involved in the dispute. If there is a dispute about the work under a subcontract, the
contractor must pay out retainage to any subcontractor whose work is not involved in the
dispute, and must provide a written statement detailing the amount and reason for the
withholding to the affected subcontractor.
new text end
new text begin
(e) After substantial completion, an owner or owner's agent may withhold no more than:
new text end
new text begin
(1) 250 percent of the cost to correct or complete work known at the time of substantial
completion; and
new text end
new text begin
(2) one percent of the value of the contract or $500, whichever is greater, pending
completion and submission of all final paperwork by the contractor or subcontractor. For
purposes of this subdivision, "final paperwork" means documents required to fulfill
contractual obligations, including, but not limited to, operation manuals, payroll documents
for projects subject to prevailing wage requirements, and the withholding exemption
certificate required by section 270C.66.
new text end
new text begin
If the owner or the owner's agent withholds payment under this paragraph, the owner or the
owner's agent must promptly provide a written statement detailing the amount and basis of
withholding to the contractor. The owner or the owner's agent and the contractor must
provide a copy of this statement to any subcontractor that requests it. Any amounts withheld
under clause (1) must be paid within 60 days after completion of the work. Any amounts
withheld under clause (2) must be paid within 60 days after submission of all final paperwork.
new text end
new text begin
(f) Withholding retainage for warranty work is prohibited. This provision does not waive
any rights for warranty claims.
new text end
new text begin
(g) This subdivision does not apply to a public agency as defined in section 15.71,
subdivision 3.
new text end
new text begin (h) new text end This subdivision does not apply to contracts for professional services as defined in
sections 326.02 to 326.15.
new text begin
(i) Nothing in this section requires payment for a portion of a contract that is not complete
or for which an invoice has not been submitted.
new text end
new text begin
This section applies to agreements entered into on or after August
1, 2019.
new text end
Minnesota Statutes 2018, section 341.30, subdivision 1, is amended to read:
All referees, judges, promoters, trainers, deleted text begin ring
announcers,deleted text end timekeepers, ringside physicians, combatants, deleted text begin managers,deleted text end and seconds are
required to be licensed by the commissioner. The commissioner shall not permit any of
these persons to participate in any matter with any combative sport contest unless the
commissioner has first issued the person a license.
Minnesota Statutes 2018, section 341.32, subdivision 1, is amended to read:
The commissioner may establish and issue annual
licenses subject to the collection of advance fees by the commissioner for promoters,
deleted text begin managers,deleted text end judges, referees, deleted text begin ring announcers,deleted text end ringside physicians, timekeepers, combatants,
trainers, and seconds.
Minnesota Statutes 2018, section 341.321, is amended to read:
(a) The fee schedule for professional and amateur licenses issued by the commissioner
is as follows:
(1) referees, deleted text begin $80deleted text end new text begin $25new text end ;
(2) promoters, $700;
(3) judges and knockdown judges, deleted text begin $80deleted text end new text begin $25new text end ;
(4) trainers and seconds, $80;
deleted text begin
(5) ring announcers, $80;
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end timekeepers, deleted text begin $80deleted text end new text begin $25new text end ;
deleted text begin (7)deleted text end new text begin (6)new text end professional combatants, $70;
deleted text begin (8)deleted text end new text begin (7)new text end amateur combatants, $50;
deleted text begin (9) managers, $80;deleted text end and
deleted text begin (10)deleted text end new text begin (8)new text end ringside physicians, deleted text begin $80deleted text end new text begin $25new text end .
License fees for promoters are due at least six weeks prior to the combative sport contest.
All other license fees shall be paid no later than the weigh-in prior to the contest. No license
may be issued until all prelicensure requirements are satisfied and fees are paid.
(b) The commissioner shall establish a contest fee for each combative sport contest and
shall consider the size and type of venue when establishing a contest fee. The combative
sport contest fee is $1,500 per event or not more than four percent of the gross ticket sales,
whichever is greater, as determined by the commissioner when the combative sport contest
is scheduled.
(c) A professional or amateur combative sport contest fee is nonrefundable and shall be
paid as follows:
(1) $500 at the time the combative sport contest is scheduled; and
(2) $1,000 at the weigh-in prior to the contest.
If four percent of the gross ticket sales is greater than $1,500, the balance is due to the
commissioner within seven days of the completed contest.
(d) The commissioner may establish the maximum number of complimentary tickets
allowed for each event by rule.
(e) All fees and penalties collected by the commissioner must be deposited in the
commissioner account in the special revenue fund.
new text begin
Minnesota Statutes 2018, section 325F.75,
new text end
new text begin
is repealed.
new text end
Minnesota Statutes 2018, section 46.131, subdivision 10, is amended to read:
Each financial institution described in subdivision 2 shall pay a
fee of $50 to the commissioner of commerce upon application to the commissioner for
approval of a change in its certificate, charter, articles of incorporation, bylaws, powers or
license. Money collected by the commissioner under this subdivision shall be deposited in
the deleted text begin general funddeleted text end new text begin financial institutions account in subdivision 11new text end .
Minnesota Statutes 2018, section 46.131, subdivision 11, is amended to read:
(a) The financial institutions
account is created as a separate account in the special revenue fund. deleted text begin The account consists
of funds received from assessments under subdivision 7, examination fees under subdivision
8, and license and renewal fees under section 216C.437, subdivision 12.deleted text end Earnings, including
interest, dividends, and any other earnings arising from account assets, must be credited to
the account.
new text begin
(b) The account consists of funds received from assessments under subdivision 7,
examination fees under subdivision 8, and funds received pursuant to subdivision 10 and
the following provisions: sections 53B.09; 53B.11, subdivision 1; 58A.045, subdivision 2;
and 216C.437, subdivision 12.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Funds in the account are annually appropriated to the commissioner of commerce
for activities under this section.
new text begin
This section is effective July 1, 2019.
new text end
Minnesota Statutes 2018, section 82B.021, subdivision 14, is amended to read:
"deleted text begin Federaldeleted text end Appraisal Subcommittee" means
the appraisal subcommittee of the Federal Financial Institutions Examinations Council under
United States Code, title 12, section 3301 et seq.
new text begin
This section is effective January 1, 2020.
new text end
Minnesota Statutes 2018, section 82B.021, subdivision 15, is amended to read:
"Federal financial
institutions regulatory agency" means the Board of Governors of the Federal Reserve System,new text begin
Consumer Financial Protection Bureau,new text end the Federal Deposit Insurance Corporation, the
Office of the Comptroller of the Currency, deleted text begin the Office of Thrift Supervision,deleted text end or the National
Credit Union Administration.
new text begin
This section is effective January 1, 2020.
new text end
Minnesota Statutes 2018, section 82B.073, is amended by adding a subdivision to
read:
new text begin
Members of the board must be compensated in accordance
with section 15.059.
new text end
new text begin
This section is effective January 1, 2020.
new text end
Minnesota Statutes 2018, section 82B.09, subdivision 3, is amended to read:
In addition to the fees required for
licensure under this section, the commissioner must collect and remit such other fees as are
required by the deleted text begin Federaldeleted text end Appraisal Subcommittee.
new text begin
This section is effective January 1, 2020.
new text end
Minnesota Statutes 2018, section 82B.095, is amended by adding a subdivision to
read:
new text begin
(a) The
requirements to obtain a trainee real property appraiser, licensed real property appraiser,
certified residential real property appraiser, or certified general real property appraiser
license are the education, examination, and experience requirements established by the
Appraiser Qualifications Board of the Appraisal Foundation and published in the most
recent version of the Real Property Appraiser Qualification Criteria.
new text end
new text begin
(b) An applicant must complete the applicable education and experience requirements
before taking the required examination.
new text end
new text begin
This section is effective January 1, 2020.
new text end
Minnesota Statutes 2018, section 82B.11, is amended by adding a subdivision to
read:
new text begin
The scope of practice for a trainee real
property appraiser is the appraisal of properties which a certified residential real property
appraiser or certified general real property appraiser acting as the supervisory appraiser is
permitted and competent to appraise.
new text end
new text begin
This section is effective January 1, 2020.
new text end
Minnesota Statutes 2018, section 82B.11, subdivision 6, is amended to read:
(a) The commissioner shall issue a license for temporary
practice as a real estate appraiser under subdivision 3, 4, or 5 to a person certified or licensed
by another state if:
deleted text begin
(1) the property to be appraised is part of a federally related transaction and the person
is licensed to appraise property limited to the same transaction value or complexity provided
in subdivision 3, 4, or 5;
deleted text end
deleted text begin (2)deleted text end new text begin (1)new text end the appraiser's business is of a temporary nature; and
deleted text begin (3)deleted text end new text begin (2)new text end the appraiser registers with the commissioner to obtain a temporary license before
conducting appraisals within the state.
(b) The term of a temporary practice license is the lesser of:
(1) the time required to complete the assignment; or
(2) 12 months.
If more than 12 months are necessary to complete the assignment, a new temporary
application and fee is required.
new text begin
This section is effective January 1, 2020.
new text end
Minnesota Statutes 2018, section 82B.13, subdivision 1, is amended to read:
deleted text begin (a)deleted text end As a prerequisite for licensing as
a trainee real property appraiser, an applicant must present evidence satisfactory to the
commissioner that the person has successfully completeddeleted text begin :
deleted text end
deleted text begin
(1) at least 75 hours of prelicense courses approved by the commissioner. Fifteen of the
75 hours must include successful completion of the 15-hour national USPAP course; and
deleted text end
deleted text begin (2) in addition to the required hours under clause (1),deleted text end a six-hour course that is specifically
oriented to the requirements and responsibilities of supervisory appraisers and trainee
appraisers. A course approved by the commissioner for the purposes of this subdivision
must be given the course title "Minnesota Supervisor/Trainee Appraiser Course." This
course must not be counted toward qualifying education to upgrade to a higher level appraiser
license.
deleted text begin
(b) All qualifying education must be completed within the five-year period prior to the
date of submission of a trainee real property appraiser license application.
deleted text end
new text begin
This section is effective January 1, 2020.
new text end
Minnesota Statutes 2018, section 82B.195, subdivision 2, is amended to read:
In addition to the requirements of the standards of
professional appraisal practice as defined by section 82B.021, subdivision 31, an appraiser
must, prior to performing any appraisal service which requires licensing pursuant to this
chapter, disclose in writing to the person contracting for the appraisal service the information
identified in clause (4). In addition, an appraiser must prepare a written disclosure providing
the information identified in clauses (1) to (13). The written disclosure must be included as
part of the final written appraisal report. As specified in this subdivision, an appraiser must:
(1) disclose who has employed the appraiser;
(2) disclose who the appraisal is rendered for, if not the person who employed the
appraiser;
(3) disclose the purpose of the appraisal, including an explanation of the difference
between the appraisal being given and an appraisal of fee simple market valuation;
(4) disclose any conflict of interest or situation which might reasonably be perceived to
be a conflict of interest which must include, but not be limited to, the following situations:
(i) whether the appraiser has any ownership interest in the subject property or contiguous
properties;
(ii) whether there is an ownership interest by a spouse, parent, or child of the appraiser
in the property or contiguous properties; and
(iii) whether the appraiser has a continuing business relationship with one of the parties,
for example, any part-time or full-time employment of the appraiser, spouse, children living
at home, or dependent children.
Failure to promptly give notification of a conflict must be considered a violation of the
standards of professional appraisal practice;
(5) disclose that the appraisal is a reevaluation and identify the areas of difference
between the two appraisals and the justification for the changes;
(6) disclose any facts concerning the valuation needed for loan purposes or similar
information that was provided to the appraiser before or during the appraisal;
(7) disclose that the appraiser has not performed appraisals of the type requested or for
the type of property to be appraised as a regular part of the appraiser's business in the
preceding five-year period, provided that if the appraiser asserts qualification by training
or related experience to perform the appraisal, the appraiser must set forth the training or
experience and how it is applicable to the appraisal;
(8) disclose the license classification of the appraiser and the types of appraisals that the
appraiser is authorized to conduct under the licensure;
(9) disclose any lack of experience or training that would affect the ability of the appraiser
to perform the appraisal or could cause rejection of the appraisal by the party requiring the
appraisal;
(10) disclose any appraisal on the same property made by the appraiser in the last three
years;
(11) disclose all pertinent assumptions upon which a valuation based upon income from
the property is derived such as expected occupancy rates, rental rates, construction of future
improvements, roads, or highways;new text begin and
new text end
(12) deleted text begin prior to performing the appraisal, disclose whether the appraiser has previously
been to the property; and
deleted text end
deleted text begin (13)deleted text end disclose any other fact or circumstance that could bring the reliability of the appraisal
or the impartiality of the appraiser into question.
new text begin
This section is effective January 1, 2020.
new text end
Minnesota Statutes 2018, section 82B.21, is amended to read:
A client or employer may retain or employ a licensed real estate appraiser to act as a
disinterested third party in giving an unbiased estimate of value or analysis; to provide a
market analysis to facilitate the client's or employer's objectivesdeleted text begin ; or to perform a limited
appraisaldeleted text end . The appraisal and the appraisal report must comply with the provisions of this
chapter and the uniform standards of professional appraisal practice.
new text begin
This section is effective January 1, 2020.
new text end
Minnesota Statutes 2018, section 345.41, is amended to read:
(a) Every person holding funds or other property, tangible or intangible, presumed
abandoned under sections 345.31 to 345.60 shall report annually to the commissioner with
respect to the property as hereinafter provided.
(b) The report shall be verified and shall include:
(1)new text begin a description of the property, including whether the property is interest-bearing, and,
if so, the rate of interest;
new text end
new text begin (2)new text end except with respect to traveler's checks and money orders, the name, if known, and
last known address, if any, of each person appearing from the records of the holder to be
the owner of any property of the value of $100 or more presumed abandoned under sections
345.31 to 345.60;
deleted text begin (2)deleted text end new text begin (3)new text end in case of unclaimed funds of life insurance corporations, the full name of the
policyholder, insured or annuitant and that person's last known address according to the life
insurance corporation's records;
deleted text begin (3)deleted text end new text begin (4)new text end the nature and identifying number, if any, or description of the property and the
amount appearing from the records to be due, except that items of value under $100 each
may be reported in aggregate;
deleted text begin (4)deleted text end new text begin (5)new text end the date when the property became payable, demandable or returnable, and the
date of the last transaction with the owner with respect to the property; and
deleted text begin (5)deleted text end new text begin (6)new text end other information which the commissioner prescribes by rule as necessary for
the administration of sections 345.31 to 345.60.
(c) If the person holding property presumed abandoned is a successor to other persons
who previously held the property for the owner, or if the holder has changed a name while
holding the property, the holder shall file with the report all prior known names and addresses
of each holder of the property.
(d) The report shall be filed before November 1 of each year as of June 30 next preceding,
but the report of life insurance corporations shall be filed before October 1 of each year as
of December 31 next preceding. The commissioner may postpone the reporting date upon
written request by any person required to file a report.
(e) Not more than 120 days before filing the report required by this section, the holder
in possession of property abandoned and subject to custody as unclaimed property under
this chapter shall send written notice to the presumed owner at that owner's last known
address informing the owner that the holder is in possession of property subject to this
chapter and advising the owner of the steps necessary to prevent abandonment if:
(1) the holder has in its records an address for the presumed owner that the holder's
records do not disclose to be inaccurate;
(2) the claim of the apparent owner is not barred by the statute of limitations; and
(3) the property has a value of $100 or more.
(f) Verification, if made by a partnership, shall be executed by a partner; if made by an
unincorporated association or private corporation, by an officer, and if made by a public
corporation, by its chief fiscal officer.
(g) Holders of property described in section 345.32 shall not impose any charges against
property which is described in section 345.32, clause (a), (b) or (c).
(h) Any person who has possession of property which the person has reason to believe
will be reportable in the future as unclaimed property may, with the permission of the
commissioner, report and deliver such property prior to the date required for reporting in
accordance with this section.
(i) Before the last day of each calendar year, the commissioner of revenue shall report
to the commissioner as unclaimed property under this section any uncashed checks or
warrants for overpayments of taxes that were issued more than two years preceding the date
of the report.
new text begin
If property other than money is delivered to the commissioner, the owner is entitled to
receive from the commissioner income or gain realized or accrued on the property before
the property is sold. If the property was interest-bearing, the commissioner shall pay interest
at the lesser of the rate of the weekly average one-year constant maturity treasury yield, as
published by the Board of Governors of the Federal Reserve System, for the calendar week
preceding the beginning of the fiscal quarter in which the property was sold or the rate the
property earned while in the possession of the holder. Interest begins to accrue when the
property is delivered to the commissioner and ends on the earlier of the expiration of ten
years after its delivery or the date on which payment is made to the owner.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2018, section 345.45,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2018, sections 82B.021, subdivision 17; 82B.095, subdivision
2; 82B.10, subdivisions 1, 2, 3, 4, 5, 6, 8, and 9; 82B.11, subdivision 2; 82B.12; 82B.13,
subdivisions 1a, 3, 4, 5, 6, 7, and 8; and 82B.14,
new text end
new text begin
are repealed effective January 1, 2020.
new text end
Minnesota Statutes 2018, section 116C.7792, is amended to read:
The utility subject to section 116C.779 shall operate a program to provide solar energy
production incentives for solar energy systems of no more than a total aggregate nameplate
capacity of 40 kilowatts deleted text begin directdeleted text end new text begin alternating new text end current per premise. The owner of a solar energy
system installed before June 1, 2018, is eligible to receive a production incentive under this
section for any additional solar energy systems constructed at the same customer location,
provided that the aggregate capacity of all systems at the customer location does not exceed
40 kilowatts. The program shall be operated for eight consecutive calendar years commencing
in 2014. $5,000,000 shall be allocated in each of the first four years, $15,000,000 in the
fifth year, $10,000,000 in each of the sixth and seventh years, and $5,000,000 in the eighth
year from funds withheld from transfer to the renewable development account under section
116C.779, subdivision 1, paragraphs (b) and (e), and placed in a separate account for the
purpose of the solar production incentive program operated by the utility and not for any
other program or purpose. Any unspent amount allocated in the fifth year is available until
December 31 of the sixth year. Any unspent amount remaining at the end of any other
allocation year must be transferred to the renewable development account. The solar system
must be sized to less than 120 percent of the customer's on-site annual energy consumption
when combined with other distributed generation resources and subscriptions provided
under section 216B.1641 associated with the premise. The production incentive must be
paid for ten years commencing with the commissioning of the system. The utility must file
a plan to operate the program with the commissioner of commerce. The utility may not
operate the program until it is approved by the commissioner. A change to the program to
include projects up to a nameplate capacity of 40 kilowatts or less does not require the utility
to file a plan with the commissioner. Any plan approved by the commissioner of commerce
must not provide an increased incentive scale over prior years unless the commissioner
demonstrates that changes in the market for solar energy facilities require an increase.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 216B.16, is amended by adding a subdivision to
read:
new text begin
(a) A public utility may petition the
commission under this section to recover costs associated with implementing an energy
storage system pilot project. As part of the petition, the public utility must submit a report
to the commission containing, at a minimum, the following information regarding the
proposed energy storage system pilot project:
new text end
new text begin
(1) the storage technology utilized;
new text end
new text begin
(2) the energy storage capacity and the duration of output at that capacity;
new text end
new text begin
(3) the proposed location;
new text end
new text begin
(4) the purchase and installation costs;
new text end
new text begin
(5) how the project will interact with existing distributed generation resources on the
utility's grid; and
new text end
new text begin
(6) the goals the project proposes to achieve, which may include controlling frequency
or voltage, mitigating transmission congestion, providing emergency power supplies during
outages, reducing curtailment of existing renewable energy generators, and reducing peak
power costs.
new text end
new text begin
(b) A utility may petition the commission to approve a rate schedule that provides for
the automatic adjustment of charges to recover prudently incurred investments, expenses,
or costs associated with energy storage system pilot projects approved by the commission
under this subdivision. A petition filed under this subdivision must include the elements
listed in section 216B.1645, subdivision 2a, paragraph (b), clauses (1) to (4), and must
describe the benefits of the pilot project.
new text end
new text begin
(c) The commission may approve, or approve as modified, a rate schedule filed under
this subdivision. The rate schedule filed by the public utility may include the elements listed
in section 216B.1645, subdivision 2a, paragraph (a), clauses (1) to (5).
new text end
new text begin
(d) For each pilot project that the commission has found is in the public interest, the
commission must make its determination on the specific amounts that are eligible for
recovery under the approved rate schedule within 90 days of final approval of the specific
pilot program or within 90 days of the public utility filing for approval of cost recovery for
the specific pilot program, whichever is later.
new text end
new text begin
(e) Nothing in this subdivision prohibits or deters the deployment of energy storage
systems.
new text end
new text begin
(f) For the purposes of this subdivision:
new text end
new text begin
(1) "energy storage system" has the meaning given in section 216B.2422, subdivision
1; and
new text end
new text begin
(2) "pilot project" means a project that is (i) owned, operated, and controlled by a public
utility to optimize safe and reliable system operations, and (ii) deployed at a limited number
of locations in order to assess the technical and economic effectiveness of its operations.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 216B.1642, subdivision 2, is amended to read:
An owner of a solar site implementing solar
site management practices under this section may claim that the site provides benefits to
gamebirds, songbirds, and pollinators only if the site adheres to guidance set forth by the
pollinator plan provided by the Board of Water and Soil Resources or any other gamebird,
songbird, or pollinator foraging-friendly vegetation standard established by the Board of
Water and Soil Resources. An owner making a beneficial habitat claim mustnew text begin :
new text end
new text begin (1)new text end make the site's vegetation management plan available to the public deleted text begin anddeleted text end new text begin ;
new text end
new text begin (2)new text end provide a copy of the plan to a Minnesota nonprofit solar industry trade associationnew text begin ;
and
new text end
new text begin (3) report on its site management practices to the Board of Water and Soil Resources,
on a standard reporting form developed by the board for solar site management practices,
by June 1, 2020, and every third year thereafter. An owner that enters into operation after
June 1, 2019, must report to the board on the progress made toward establishing beneficial
habitat on or before June 1 of the year after operations commence and every third year
thereafternew text end .
Minnesota Statutes 2018, section 216B.2422, subdivision 1, is amended to read:
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Utility" means an entity with the capability of generating 100,000 kilowatts or more
of electric power and serving, either directly or indirectly, the needs of 10,000 retail
customers in Minnesota. Utility does not include federal power agencies.
(c) "Renewable energy" means electricity generated through use of any of the following
resources:
(1) wind;
(2) solar;
(3) geothermal;
(4) hydro;
(5) trees or other vegetation;
(6) landfill gas; or
(7) predominantly organic components of wastewater effluent, sludge, or related
by-products from publicly owned treatment works, but not including incineration of
wastewater sludge.
(d) "Resource plan" means a set of resource options that a utility could use to meet the
service needs of its customers over a forecast period, including an explanation of the supply
and demand circumstances under which, and the extent to which, each resource option
would be used to meet those service needs. These resource options include using,
refurbishing, and constructing utility plant and equipment, buying power generated by other
entities, controlling customer loads, and implementing customer energy conservation.
(e) "Refurbish" means to rebuild or substantially modify an existing electricity generating
resource of 30 megawatts or greater.
new text begin
(f) "Energy storage system" means a commercially available technology that:
new text end
new text begin
(1) uses mechanical, chemical, or thermal processes to:
new text end
new text begin
(i) store energy, including energy generated from renewable resources and energy that
would otherwise be wasted, and deliver the stored energy for use at a later time; or
new text end
new text begin
(ii) store thermal energy for direct use for heating or cooling at a later time in a manner
that reduces the demand for electricity at the later time;
new text end
new text begin
(2) is composed of stationary equipment;
new text end
new text begin
(3) if being used for electric grid benefits, is operationally visible and capable of being
controlled by the distribution or transmission entity managing it, to enable and optimize the
safe and reliable operation of the electric system; and
new text end
new text begin
(4) achieves any of the following:
new text end
new text begin
(i) reduces peak or electrical demand;
new text end
new text begin
(ii) defers the need or substitutes for an investment in electric generation, transmission,
or distribution assets;
new text end
new text begin
(iii) improves the reliable operation of the electrical transmission or distribution systems,
while ensuring transmission or distribution needs are not created; or
new text end
new text begin
(iv) lowers customer costs by storing energy when the cost of generating or purchasing
it is low and delivering it to customers when the costs are high.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision
to read:
new text begin
(a) Each public utility required to file a
resource plan under subdivision 2 must include in the filing an assessment of energy storage
systems that analyzes how the deployment of energy storage systems contributes to:
new text end
new text begin
(1) meeting identified generation and capacity needs; and
new text end
new text begin
(2) evaluating ancillary services.
new text end
new text begin
(b) The assessment must employ appropriate modeling methods to enable the analysis
required in paragraph (a).
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 216B.62, subdivision 3b, is amended to read:
In addition to
other assessments in subdivision 3, the department may assess up to $500,000 per fiscal
year for performing its duties under section 216A.07, subdivision 3a. The amount in this
subdivision shall be assessed to energy utilities in proportion to their respective gross
operating revenues from retail sales of gas or electric service within the state during the last
calendar year and shall be deposited into an account in the special revenue fund and is
appropriated to the commissioner of commerce for the purposes of section 216A.07,
subdivision 3a. An assessment made under this subdivision is not subject to the cap on
assessments provided in subdivision 3 or any other law. For the purpose of this subdivision,
an "energy utility" means public utilities, generation and transmission cooperative electric
associations, and municipal power agencies providing natural gas or electric service in the
state. This subdivision expires June 30, deleted text begin 2018deleted text end new text begin 2021new text end .
new text begin
This section is revived and reenacted effective retroactively from
June 29, 2018, except that the department is prohibited from making an assessment under
this subdivision to finance the performance of any duties that occurred between June 30,
2018, and June 30, 2019.