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Minnesota Legislature

Office of the Revisor of Statutes

SF 2157

as introduced - 90th Legislature (2017 - 2018) Posted on 03/17/2017 08:32am

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

Current Version - as introduced

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A bill for an act
relating to local government aid; establishing aid reductions for cities imposing
labor regulations;proposing coding for new law in Minnesota Statutes, chapter
477A.

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

Section 1.

new text begin [477A.0175] AID REDUCTIONS FOR CITIES IMPOSING LOCAL
LABOR REGULATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Penalty for a city imposing special local labor regulations.
new text end

new text begin Notwithstanding any other law to the contrary, a city may not receive an aid payment under
sections 477A.011 to 477A.03 if the city imposes any special local labor regulations. The
state auditor shall provide to the commissioner of revenue by June 1 and December 1 each
year a list of all cities imposing local labor regulations as of that date. The commissioner
of revenue will not make the first payment of aid under section 477A.015 to any city on the
state auditor list on June 1 of that calendar year. The commissioner shall not make the second
payment of aid under section 477A.015 to any city on the state auditor list on December 1
of that calendar year.
new text end

new text begin Subd. 2. new text end

new text begin Certification, state auditor's list. new text end

new text begin (a) By November 15, 2017, the mayor of
each city must file a certification with the state auditor stating whether the city is imposing
a special local labor regulation as defined in subdivision 4. Beginning with financial reports
filed after January 1, 2018, each city filing financial reports under section 477A.017 must
include with the report a certification by the city mayor, stating whether the city is imposing
any special local labor regulation as defined in subdivision 4. A city that fails to file a
certification required under this subdivision is presumed to be imposing special local labor
regulations until the certification is received. A city may amend its certification as provided
in paragraph (b).
new text end

new text begin (b) By June 1 and December 1 of each year, the state auditor must compile a list of cities
that:
new text end

new text begin (1) filed a certification stating that the city imposes special local labor regulations; or
new text end

new text begin (2) failed to file the required certification.
new text end

new text begin (c) If a city's status as a city imposing special local labor regulations is altered by a
change in ordinance or policy or by court order, the city's mayor must file an amended
certification with the state auditor.
new text end

new text begin (d) The state auditor shall determine the form of the certification and amended
certification. A certification attesting that the city imposes local labor regulations must
require a statement of the basis for the city's status under subdivision 4. An amended
certification must require an explanation for the alteration in status under subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Court challenge to whether a city is imposing special local labor regulations.
new text end

new text begin (a) Any taxpayer may challenge a city mayor's certification regarding whether a city is
imposing special local labor regulations by petitioning for a writ of mandamus or other
appropriate relief in the district court for the county where the city is located or in any other
court of competent jurisdiction.
new text end

new text begin (b) In an action under paragraph (a), a court may make a determination regarding a city's
status as a city imposing special local labor regulations under subdivision 4. If appropriate,
the court may order a city to file an amended certification. Within 30 days of issuing an
order requiring a city to file an amended certification, the court must transmit a copy of the
order to the state auditor. A city that fails to file an amended certification required by court
order is presumed to be imposing local labor regulations until the amended certification is
received.
new text end

new text begin Subd. 4. new text end

new text begin Definitions. 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 imposing special local labor regulations" means a statutory or home rule charter
city that has imposed a special local labor regulation on an employer or employers located
in or doing work in the city.
new text end

new text begin (c) "Employer" means a private person employing one or more employees in the state.
new text end

new text begin (d)(1)"Special local labor regulation" means an ordinance, local resolution, or local
policy enacted by the city:
new text end

new text begin (i) requiring an employer to pay an employee a wage higher than the applicable state
minimum wage rate provided in section 177.24;
new text end

new text begin (ii) requiring an employer to provide either paid or unpaid leave time;
new text end

new text begin (iii) regulating the hours or scheduling of work time that an employer provides to an
employee, not including an ordinance, local resolution, or local ordinance limiting the hours
a business may operate; or
new text end

new text begin (iv) requiring an employer to provide an employee a particular benefit, term of
employment, or working condition.
new text end

new text begin (2) The term "special local labor regulation" does not include hours, benefits, paid or
unpaid leave, attendance policies, or other terms of employment or working conditions that
a city:
new text end

new text begin (i) provides to its own employee;
new text end

new text begin (ii) requires an employer to provide to its employee to the extent that employer is
providing goods or services to the local government, and the requirement applies specifically
to work performed in providing goods or services to the local government; or
new text end

new text begin (iii) requires an employer to provide to its employee to the extent that employer is
receiving funding from the local government or is providing goods or services funded in
whole or in part by the local government, when the requirement is an express condition of
the funding.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies beginning with the second aid payments under section 477A.015 in calendar year
2017.
new text end