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Minnesota Legislature

Office of the Revisor of Statutes

SF 804

as introduced - 89th Legislature (2015 - 2016) Posted on 08/25/2015 02:46pm

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

Current Version - as introduced

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A bill for an act
relating to economic development; appropriating money for the Departments of
Employment and Economic Development, Labor and Industry, and Commerce;
the Bureau of Mediation Services; Housing Finance Agency; Explore Minnesota
Tourism; Boards of Accountancy, AELSLAGID, Cosmetologist Examiners,
and Barber Examiners; Workers' Compensation Court of Appeals; and Public
Utilities Commission; making policy and technical changes; modifying fees;
providing penalties; requiring reports; modifying data sharing;amending
Minnesota Statutes 2014, sections 16C.144, by adding subdivisions; 45.0135,
subdivision 7; 115C.09, subdivision 1; 116J.8738, subdivision 3, by adding
a subdivision; 216B.62, subdivisions 2, 3b, by adding a subdivision; 268.035,
subdivisions 6, 21b, 26, 30; 268.051, subdivision 7; 268.07, subdivisions 2, 3b;
268.085, subdivisions 1, 2; 268.095, subdivisions 1, 10; 268.105, subdivisions
3, 7; 268.136, subdivision 1; 268.194, subdivision 1; 325F.71, subdivisions 1,
2; 326B.092, subdivision 7; 326B.096; 326B.986, subdivisions 5, 8; 341.321;
609.2335, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes,
chapters 116L; 268A; proposing coding for new law as Minnesota Statutes,
chapter 45A.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginJOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.
new text end

new text begin 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 "2016" and "2017" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2016, or
June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal
year 2017. "The biennium" is fiscal years 2016 and 2017.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2016
new text end
new text begin 2017
new text end

Sec. 2. new text beginDEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 127,952,000
new text end
new text begin $
new text end
new text begin 96,782,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2016
new text end
new text begin 2017
new text end
new text begin General
new text end
new text begin 106,246,000
new text end
new text begin 75,068,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end
new text begin Workforce
Development
new text end
new text begin 21,006,000
new text end
new text begin 21,014,000
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 Business and Community
Development
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 42,220,000
new text end
new text begin 40,847,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end

new text begin (a) $15,000,000 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 administrative expenses and
technology upgrades. This appropriation is
available until expended.
new text end

new text begin (b) $12,500,000 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.
new text end

new text begin (c) $1,272,000 each year is from the
general fund for contaminated site cleanup
and development grants under Minnesota
Statutes, sections 116J.551 to 116J.558. This
appropriation is available until expended.
new text end

new text begin (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 expended.
new text end

new text begin (e) $1,425,000 each year is from the
general fund 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.
new text end

new text begin (f) $4,195,000 each year is from the general
fund 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.
new text end

new text begin (g) $12,000 each year is from the general
fund for a grant to the Upper Minnesota Film
Office.
new text end

new text begin (h) $325,000 each year is from the general
fund 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.
new text end

new text begin (i) $1,500,000 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 expended.
new text end

new text begin (j) $875,000 each year is from the general
fund for the host community economic
development program established in
Minnesota Statutes, section 116J.548.
new text end

new text begin (k) $1,373,000 in fiscal year 2016 is for the
workforce housing grants pilot program in
Laws 2014, chapter 308, article 6, section 14.
This appropriation is onetime and is available
until June 30, 2018. The commissioner of
employment and economic development may
use up to five percent for administrative costs.
new text end

new text begin Subd. 3. new text end

new text begin Workforce Development
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 1,539,000
new text end
new text begin 1,539,000
new text end
new text begin Workforce
Development
new text end
new text begin 13,917,000
new text end
new text begin 13,917,000
new text end

new text begin (a) $1,039,000 each year from the general
fund and $4,994,000 each year from the
workforce development fund are for the
career pathways grant program in Minnesota
Statutes, section 116L.981. Of this amount,
up to five percent is for administration and
monitoring of the program. All grant awards
shall be for two consecutive years. Grants
shall be awarded in the first year.
new text end

new text begin (b) $3,500,000 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 (c) $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 (d) $200,000 each year is from the workforce
development fund for a grant to Minnesota
Diversified Industries, Inc., to provide
progressive development and employment
opportunities for people with disabilities.
new text end

new text begin (e) $2,848,000 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.
new text end

new text begin (f) $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 (g) $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 jobs skills development. This
project, which may have career guidance
components, including health and life skills,
is to encourage, train, and assist youth in
job-seeking skills, workplace orientation,
and job-site knowledge through coaching.
This grant requires a 25 percent match from
nonstate resources.
new text end

new text begin (h) $500,000 the first year and $500,000 the
second year are appropriated from the general
fund for the publication, dissemination,
and use of labor market information under
Minnesota Statutes, section 116J.4011, and
for pilot programs in the workforce service
areas to combine career and higher education
advising.
new text end

new text begin (i) $125,000 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 Twin Cities, Central Minnesota
and Southern Minnesota Big Brothers, Big
Sisters chapters.
new text end

new text begin Subd. 4. new text end

new text begin General Support Services
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 2,659,000
new text end
new text begin 2,854,000
new text end
new text begin Workforce
Development
new text end
new text begin 9,000
new text end
new text begin 17,000
new text end

new text begin $150,000 each year is from the general fund
for the cost-of-living study required under
Minnesota Statutes, section 116J.013.
new text end

new text begin $1,300,000 in fiscal year 2016 and
$1,300,000 in fiscal year 2017 are for
operating the Olmstead Implementation
Office. The base appropriation for the
office is $1,269,000 for fiscal year 2018 and
$1,269,000 in fiscal year 2019.
new text end

new text begin Subd. 5. new text end

new text begin Minnesota Trade Office
new text end

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.9801.
new text end

new text begin (c) $270,000 each year is for the expansion
of 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 group under Minnesota Statutes,
section 116J.9661.
new text end

new text begin Subd. 6. new text end

new text begin Vocational Rehabilitation
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 21,361,000
new text end
new text begin 21,361,000
new text end
new text begin Workforce
Development
new text end
new text begin 7,080,000
new text end
new text begin 7,080,000
new text end

new text begin (a) $10,800,000 each year is from the general
fund for the state's vocational rehabilitation
program under Minnesota Statutes, chapter
268A.
new text end

new text begin (b) $2,261,000 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 (c) $5,745,000 each year from the general
fund and $6,830,000 each year from the
workforce development fund is for extended
employment services for persons with severe
disabilities under Minnesota Statutes, section
268A.15.
new text end

new text begin (d) $250,000 in fiscal year 2016 and $250,000
in fiscal year 2017 are from the workforce
development fund for rate increases to
providers of extended employment services
for persons with severe disabilities under
Minnesota Statutes, section 268A.15. This
appropriation is added to the agency's base.
new text end

new text begin (e) $2,555,000 each year is from the general
fund for grants to programs that provide
employment support services to persons with
mental illness under Minnesota Statutes,
sections 268A.13 and 268A.14.
new text end

new text begin Subd. 7. new text end

new text begin Services for the Blind
new text end

new text begin 5,925,000
new text end
new text begin 5,925,000
new text end

new text begin Subd. 8. new text end

new text begin Broadband Development
new text end

new text begin 30,250,000
new text end
new text begin 250,000
new text end

new text begin (a) $250,000 each year is for the Broadband
Development Office.
new text end

new text begin (b)(1) $30,000,000 in fiscal year 2016 is for
deposit in the border-to-border broadband
fund account created under Minnesota
Statutes, section 116J.396, and may be used
for the purposes provided in Minnesota
Statutes, section 116J.395. This is a onetime
appropriation and is available until June 30,
2017.
new text end

new text begin (2) Of the appropriation in clause (1), up
to three percent of this amount is for costs
incurred by the commissioner to administer
Minnesota Statutes, section 116J.395.
Administrative costs may include the
following activities related to measuring
progress toward the state's broadband goals
established in Minnesota Statutes, section
237.012:
new text end

new text begin (i) collecting broadband deployment data
from Minnesota providers, verifying its
accuracy through on-the-ground testing, and
creating state and county maps available
to the public showing the availability of
broadband service at various upload and
download speeds throughout Minnesota;
new text end

new text begin (ii) analyzing the deployment data collected
to help inform future investments in
broadband infrastructure; and
new text end

new text begin (iii) conducting business and residential
surveys that measure broadband adoption
and use in the state.
new text end

new text begin (3) Data provided by a broadband provider
under this paragraph is nonpublic data
under Minnesota Statutes, section 13.02,
subdivision 9. Maps produced under this
paragraph are public data under Minnesota
Statutes, section 13.03.
new text end

Sec. 3. new text beginHOUSING FINANCE AGENCY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 50,423,000
new text end
new text begin $
new text end
new text begin 50,423,000
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 Unless otherwise specified, this appropriation
is for transfer to the housing development
fund for the programs specified in this
section. Except as otherwise indicated, this
transfer is part of the agency's permanent
budget base.
new text end

new text begin Subd. 2. new text end

new text begin Challenge Program
new text end

new text begin 12,925,000
new text end
new text begin 12,925,000
new text end

new text begin This appropriation is for the economic
development and housing challenge program
under Minnesota Statutes, section 462A.33.
The agency must continue to strengthen its
efforts to address the disparity rate between
white households and indigenous American
Indians and communities of color. Of this
amount, $1,208,000 each year shall be made
available during the first 11 months of the
fiscal year exclusively for housing projects
for American Indians. Any funds not
committed to housing projects for American
Indians in the first 11 months of the fiscal year
shall be available for any eligible activity
under Minnesota Statues, section 462A.33.
new text end

new text begin Subd. 3. new text end

new text begin Housing Trust Fund
new text end

new text begin 11,646,000
new text end
new text begin 11,646,000
new text end

new text begin This appropriation is for deposit in the
housing trust fund account created under
Minnesota Statutes, section 462A.201, and
may be used for the purposes provided in
that section. To the extent that these funds
are used for the acquisition of housing, the
agency shall give priority among comparable
projects to projects that focus on creating
safe and stable housing for homeless youth
or projects that provide housing to trafficked
women and children.
new text end

new text begin Subd. 4. new text end

new text begin Rental Assistance for Mentally Ill
new text end

new text begin 4,088,000
new text end
new text begin 4,088,000
new text end

new text begin This appropriation is for the rental housing
assistance program for persons with a mental
illness or families with an adult member with
a mental illness under Minnesota Statutes,
section 462A.2097. Among comparable
proposals, the agency shall prioritize those
proposals that target, in part, eligible persons
who desire to move to more integrated,
community-based settings.
new text end

new text begin Subd. 5. new text end

new text begin Family Homeless Prevention
new text end

new text begin 8,519,000
new text end
new text begin 8,519,000
new text end

new text begin This appropriation is for the family homeless
prevention and assistance programs under
Minnesota Statutes, section 462A.204.
new text end

new text begin Subd. 6. new text end

new text begin Home Ownership Assistance Fund
new text end

new text begin 885,000
new text end
new text begin 885,000
new text end

new text begin This appropriation is for the home ownership
assistance program under Minnesota
Statutes, section 462A.21, subdivision 8.
The agency shall continue to strengthen
its efforts to address the disparity gap in
the homeownership rate between white
households and indigenous American Indians
and communities of color.
new text end

new text begin Subd. 7. new text end

new text begin Affordable Rental Investment Fund
new text end

new text begin 4,218,000
new text end
new text begin 4,218,000
new text end

new text begin (a) This appropriation is for the affordable
rental investment fund program under
Minnesota Statutes, section 462A.21,
subdivision 8b, to finance the acquisition,
rehabilitation, and debt restructuring of
federally assisted rental property and
for making equity take-out loans under
Minnesota Statutes, section 462A.05,
subdivision 39.
new text end

new text begin (b) The owner of federally assisted rental
property must agree to participate in
the applicable federally assisted housing
program and to extend any existing
low-income affordability restrictions on the
housing for the maximum term permitted.
The owner must also enter into an agreement
that gives local units of government,
housing and redevelopment authorities,
and nonprofit housing organizations the
right of first refusal if the rental property
is offered for sale. Priority must be given
among comparable federally assisted rental
properties to properties with the longest
remaining term under an agreement for
federal assistance. Priority must also be
given among comparable rental housing
developments to developments that are or
will be owned by local government units, a
housing and redevelopment authority, or a
nonprofit housing organization.
new text end

new text begin (c) The appropriation also may be used to
finance the acquisition, rehabilitation, and
debt restructuring of existing supportive
housing properties. For purposes of this
paragraph, "supportive housing" means
affordable rental housing with links to
services necessary for individuals, youth, and
families with children to maintain housing
stability.
new text end

new text begin Subd. 8. new text end

new text begin Housing Rehabilitation
new text end

new text begin 6,515,000
new text end
new text begin 6,515,000
new text end

new text begin This appropriation is for the housing
rehabilitation program under Minnesota
Statutes, section 462A.05, subdivision 14. Of
this amount, $2,772,000 each year is for the
rehabilitation of owner-occupied housing and
$3,743,000 each year is for the rehabilitation
of eligible rental housing. In administering a
rehabilitation program for rental housing, the
agency may apply the processes and priorities
adopted for administration of the economic
development and housing challenge program
under Minnesota Statutes, section 462A.33.
new text end

new text begin Subd. 9. new text end

new text begin Homeownership Education,
Counseling, and Training
new text end

new text begin 857,000
new text end
new text begin 857,000
new text end

new text begin This appropriation is for the homeownership
education, counseling, and training program
under Minnesota Statutes, section 462A.209.
Priority may be given to funding programs
that are aimed at culturally specific groups
who are providing services to members of
their communities.
new text end

new text begin Subd. 10. new text end

new text begin Capacity Building Grants
new text end

new text begin 770,000
new text end
new text begin 770,000
new text end

new text begin This appropriation is for nonprofit capacity
building grants under Minnesota Statutes,
section 462A.21, subdivision 3b. Of this
amount, $250,000 each year is for support
of the Homeless Management Information
System (HMIS).
new text end

Sec. 4. new text beginEXPLORE MINNESOTA TOURISM
new text end

new text begin $
new text end
new text begin 14,053,000
new text end
new text begin $
new text end
new text begin 14,118,000
new text end

new text begin To develop maximum private sector
involvement in tourism, $500,000 in fiscal
year 2016 and $500,000 in fiscal year 2017
must be matched by Explore Minnesota
Tourism from nonstate sources. Each $1 of
state incentive must be matched with $6 of
private sector funding. Cash match is defined
as revenue to the state or documented cash
expenditures directly expended to support
Explore Minnesota Tourism programs. Up
to one-half of the private sector contribution
may be in-kind or soft match. The incentive
in fiscal year 2016 shall be based on fiscal
year 2015 private sector contributions. The
incentive in fiscal year 2017 shall be based on
fiscal year 2016 private sector contributions.
This incentive is ongoing.
new text end

new text begin Funding for the marketing grants is available
either year of the biennium. Unexpended
grant funds from the first year are available
in the second year.
new text end

new text begin $100,000 each year is for a grant to the
Northern Lights International Music Festival.
new text end

Sec. 5. new text beginDEPARTMENT OF LABOR AND
INDUSTRY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 26,622,000
new text end
new text begin $
new text end
new text begin 26,932,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2016
new text end
new text begin 2017
new text end
new text begin General
new text end
new text begin 1,184,000
new text end
new text begin 1,202,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 24,145,000
new text end
new text begin 24,423,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,293,000
new text end
new text begin 1,307,000
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 Workers' Compensation
new text end

new text begin 13,952,000
new text end
new text begin 14,230,000
new text end

new text begin (a) This appropriation is from the workers'
compensation fund.
new text end

new text begin (b)(1) $3,000,000 each year is for workers'
compensation system upgrades. The base
appropriation for this purpose is $3,000,000
in fiscal year 2018 and $3,000,000 in fiscal
year 2019. The base appropriation for fiscal
year 2020 and beyond is zero.
new text end

new text begin (2) This appropriation includes funds for
information technology project services
and support subject to the provisions of
Minnesota Statutes, section 16E.0466. Any
ongoing information technology costs will be
incorporated into the service level agreement
and will 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 Subd. 3. new text end

new text begin Labor Standards and Apprenticeship
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 1,184,000
new text end
new text begin 1,202,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,293,000
new text end
new text begin 1,307,000
new text end

new text begin (a) $1,184,000 in fiscal year 2016 and
$1,202,000 in fiscal year 2017 are from the
general fund for the labor standards and
apprenticeship program.
new text end

new text begin (b) $1,143,000 in fiscal year 2016 and
$1,157,000 in fiscal year 2017 are from
the workforce development fund for the
apprenticeship program under Minnesota
Statutes, chapter 178. Of this amount,
$100,000 each year is for labor education and
advancement program grants and to expand
and promote registered apprenticeship
training in nonconstruction trade programs.
new text end

new text begin (c) $150,000 each year is from the workforce
development fund for prevailing wage
enforcement.
new text end

new text begin Subd. 4. new text end

new text begin Workplace Safety
new text end

new text begin 4,154,000
new text end
new text begin 4,154,000
new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

new text begin Subd. 5. new text end

new text begin General Support
new text end

new text begin 6,039,000
new text end
new text begin 6,039,000
new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

Sec. 6. new text beginBUREAU OF MEDIATION
SERVICES
new text end

new text begin $
new text end
new text begin 2,717,000
new text end
new text begin $
new text end
new text begin 2,534,000
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) $325,000 each year is for purposes of the
Public Employment Relations Board under
Minnesota Statutes, section 179A.041.
new text end

new text begin (c) $250,000 in fiscal year 2016 and
$100,000 in fiscal year 2017 are for the
case management database IT project. This
appropriation includes funds for information
technology project services and support
subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs will be
incorporated into the service level agreement
and will be paid to the Office of MN.IT
Services by the commissioner of mediation
services under the rates and mechanism
specified in that agreement.
new text end

new text begin (d) $59,000 in fiscal year 2016 is for the
family child care representation election.
This is a onetime appropriation.
new text end

new text begin (e) $256,000 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, and $96,000 each year is
for intergovernmental and public policy
collaboration and operation of the office.
new text end

Sec. 7. new text beginBOARD OF ACCOUNTANCY
new text end

new text begin $
new text end
new text begin 629,000
new text end
new text begin $
new text end
new text begin 641,000
new text end

Sec. 8. new text beginBOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING,
LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN
new text end

new text begin $
new text end
new text begin 784,000
new text end
new text begin $
new text end
new text begin 794,000
new text end

Sec. 9. new text beginBOARD OF COSMETOLOGIST
EXAMINERS
new text end

new text begin $
new text end
new text begin 1,365,000
new text end
new text begin $
new text end
new text begin 1,384,000
new text end

Sec. 10. new text beginBOARD OF BARBER EXAMINERS
new text end

new text begin $
new text end
new text begin 321,000
new text end
new text begin $
new text end
new text begin 325,000
new text end

Sec. 11. new text beginWORKERS' COMPENSATION
COURT OF APPEALS
new text end

new text begin $
new text end
new text begin 1,907,000
new text end
new text begin $
new text end
new text begin 1,913,000
new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

Sec. 12. new text beginDEPARTMENT OF COMMERCE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 27,271,000
new text end
new text begin $
new text end
new text begin 26,534,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2016
new text end
new text begin 2017
new text end
new text begin General
new text end
new text begin 24,216,000
new text end
new text begin 23,467,000
new text end
new text begin Special Revenue
new text end
new text begin 1,240,000
new text end
new text begin 1,240,000
new text end
new text begin Petroleum Tank
new text end
new text begin 1,052,000
new text end
new text begin 1,052,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 763,000
new text end
new text begin 775,000
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 end

new text begin 4,885,000
new text end
new text begin 4,885,000
new text end

new text begin Subd. 3. new text end

new text begin Petroleum Tank Release
Compensation Board
new text end

new text begin 1,052,000
new text end
new text begin 1,052,000
new text end

new text begin This appropriation is from the petroleum
tank fund.
new text end

new text begin Subd. 4. new text end

new text begin Administrative Services
new text end

new text begin 7,093,000
new text end
new text begin 7,353,000
new text end

new text begin $375,000 each year is for additional
compliance efforts with unclaimed property.
The commissioner may issue contracts for
these services.
new text end

new text begin $125,000 in fiscal year 2016 is for rulemaking
on childrens' products. This is a onetime
appropriation.
new text end

new text begin $100,000 each year is for the support of
broadband development.
new text end

new text begin Subd. 5. new text end

new text begin Telecommunications
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 1,009,000
new text end
new text begin 1,009,000
new text end
new text begin Special Revenue
new text end
new text begin 1,240,000
new text end
new text begin 1,240,000
new text end

new text begin $1,240,000 each year is from the
telecommunication access fund for the
following transfers. This appropriation is
added to the department's base.
new text end

new text begin (1) $800,000 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;
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; and
new text end

new text begin (3) $150,000 each year is to the Legislative
Coordinating Commission for captioning of
legislative coverage.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 4,901,000
new text end
new text begin 4,901,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 201,000
new text end
new text begin 204,000
new text end

new text begin $279,000 each year is from the general fund
for health care enforcement.
new text end

new text begin Subd. 7. new text end

new text begin Energy Resources
new text end

new text begin 2,324,000
new text end
new text begin 1,315,000
new text end

new text begin $150,000 each year is for grants to
providers of low-income weatherization
services to install renewable energy
equipment in households that are eligible for
weatherization assistance under Minnesota's
weatherization assistance program state
plan as provided for in Minnesota Statutes,
section 239.101.
new text end

new text begin $1,000,000 in fiscal year 2016 is for the
state's defense of the Next Generation
Energy Act in Laws 2007, chapter 136. This
appropriation is onetime.
new text end

new text begin Of the unexpended general fund
appropriations under Laws 2013, chapter 85,
article 1, section 13, subdivision 7, excluding
appropriated amounts identified in rider, up
to $350,000 may be transferred to the utility
assessment account on June 30, 2015, to
provide cash flow.
new text end

new text begin Subd. 8. new text end

new text begin Insurance
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 4,004,000
new text end
new text begin 4,004,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 562,000
new text end
new text begin 571,000
new text end

new text begin $642,000 each year is for health insurance
rate review staffing.
new text end

Sec. 13. new text beginPUBLIC UTILITIES COMMISSION
new text end

new text begin $
new text end
new text begin 6,966,000
new text end
new text begin $
new text end
new text begin 6,930,000
new text end

ARTICLE 2

DEPARTMENT OF LABOR AND INDUSTRY

Section 1.

Minnesota Statutes 2014, section 326B.092, subdivision 7, is amended to
read:


Subd. 7.

License fees and license renewal fees.

(a) The license fee for each
license is the base license fee plus any applicable board fee, continuing education fee, and
contractor recovery fund fee and additional assessment, as set forth in this subdivision.

(b) For purposes of this section, "license duration" means the number of years for
which the license is issued except that:

(1) if the initial license is not issued for a whole number of years, the license duration
shall be rounded up to the next whole number; and

(2) if the department receives an application for license renewal after the renewal
deadline, license duration means the number of years for which the renewed license would
have been issued if the renewal application had been submitted on time and all other
requirements for renewal had been met.

(c) The base license fee shall depend on whether the license is classified as an entry
level, master, journeyman, or business license, and on the license duration. The base
license fee shall be:

License Classification
License Duration
1 Year
2 Years
deleted text begin 3 Years
deleted text end
Entry level
$10
$20
deleted text begin $30
deleted text end
deleted text begin Journeyman deleted text end new text begin
Journeyworker
new text end
$20
$40
deleted text begin $60
deleted text end
Master
$40
$80
deleted text begin $120
deleted text end
Business
deleted text begin $90
deleted text end
$180
deleted text begin $270
deleted text end

(d) If there is a continuing education requirement for renewal of the license, then
a continuing education fee must be included in the renewal license fee. The continuing
education fee for all license classifications shall be: $10 if the renewal license duration
is one year;new text begin andnew text end $20 if the renewal license duration is two yearsdeleted text begin; and $30 if the renewal
license duration is three years
deleted text end.

(e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to
326B.93, then a board fee must be included in the license fee and the renewal license fee.
The board fee for all license classifications shall be: $4 if the license duration is one year;
$8 if the license duration is two yearsdeleted text begin; and $12 if the license duration is three yearsdeleted text end.

(f) If the application is for the renewal of a license issued under sections 326B.802
to 326B.885, then the contractor recovery fund fee required under section 326B.89,
subdivision 3, and any additional assessment required under section 326B.89, subdivision
16
, must be included in the license renewal fee.

new text begin (g) Notwithstanding the fee amounts described in paragraphs (c) to (f), for the period
July 1, 2015, through June 30, 2017, the following fees apply:
new text end

new text begin License Classification
new text end
new text begin License Duration
new text end
new text begin 1 year
new text end
new text begin 2 years
new text end
new text begin Entry level
new text end
new text begin $10
new text end
new text begin $20
new text end
new text begin Journeyworker
new text end
new text begin $15
new text end
new text begin $35
new text end
new text begin Master
new text end
new text begin $30
new text end
new text begin $75
new text end
new text begin Business
new text end
new text begin $160
new text end

new text begin If there is a continuing education requirement for renewal of the license, then a
continuing education fee must be included in the renewal license fee. The continuing
education fee for all license classifications shall be $5.
new text end

Sec. 2.

Minnesota Statutes 2014, section 326B.096, is amended to read:


326B.096 REINSTATEMENT OF LICENSES.

Subdivision 1.

Reinstatement after revocation.

(a) If a license is revoked under
this chapter and if an applicant for a license needs to pass an examination administered by
the commissioner before becoming licensed, then, in order to have the license reinstated,
the person who holds the revoked license must:

(1) retake the examination and achieve a passing score; and

(2) meet all other requirements for an initial license, including payment of the
application and examination fee and the license fee. The person holding the revoked
license is not eligible for Minnesota licensure without examination based on reciprocity.

(b) If a license is revoked under a chapter other than this chapter, then, in order to
have the license reinstated, the person who holds the revoked license must:

(1) apply for reinstatement to the commissioner no later than two years after the
effective date of the revocation;

(2) pay a deleted text begin$100deleted text endnew text begin $50new text end reinstatement application fee and any applicable renewal license
fee; and

(3) meet all applicable requirements for licensure, except that, unless required by the
order revoking the license, the applicant does not need to retake any examination and does
not need to repay a license fee that was paid before the revocation.

Subd. 2.

Reinstatement after suspension.

If a license is suspended, then, in order
to have the license reinstated, the person who holds the suspended license must:

(1) apply for reinstatement to the commissioner no later than two years after the
completion of the suspension period;

(2) pay a deleted text begin$100deleted text endnew text begin $50new text end reinstatement application fee and any applicable renewal license
fee; and

(3) meet all applicable requirements for licensure, except that, unless required by the
order suspending the license, the applicant does not need to retake any examination and
does not need to repay a license fee that was paid before the suspension.

Subd. 3.

Reinstatement after voluntary termination.

A licensee who is not an
individual may voluntarily terminate a license issued to the person under this chapter. If a
licensee has voluntarily terminated a license under this subdivision, then, in order to have
the license reinstated, the person who holds the terminated license must:

(1) apply for reinstatement to the commissioner no later than the date that the license
would have expired if it had not been terminated;

(2) pay a deleted text begin$100deleted text endnew text begin $50new text end reinstatement application fee and any applicable renewal license
fee; and

(3) meet all applicable requirements for licensure, except that the applicant does not
need to repay a license fee that was paid before the termination.

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to this section are effective July 1, 2015,
and expire July 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2014, section 326B.986, subdivision 5, is amended to read:


Subd. 5.

Boiler engineer license fees.

(a) For purposes of calculating license fees
and renewal license fees required under section 326B.092:

(1) the boiler special engineer license is an entry level license;

(2) the following licenses are journeyman licenses: first class engineer, Grade A;
first class engineer, Grade B; first class engineer, Grade C; second class engineer, Grade
A; second class engineer, Grade B; second class engineer, Grade C; and provisional
license; and

(3) the following licenses are master licenses: boiler chief engineer, Grade A; boiler
chief engineer, Grade B; boiler chief engineer, Grade C; boiler deleted text begincommissionerdeleted text end inspectornew text begin
certificate of competency
new text end; and traction or hobby boiler engineer.

(b) Notwithstanding section 326B.092, subdivision 7, paragraph (a), the license
duration for steam traction and hobby engineer licenses are one year only for the purpose
of calculating license fees under section 326B.092, subdivision 7, paragraph (b).

Sec. 4.

Minnesota Statutes 2014, section 326B.986, subdivision 8, is amended to read:


Subd. 8.

Certificate of competency.

deleted text beginThe fee for issuance of the original certificate
of competency is $85 for inspectors who did not pay the national board examination fee
specified in subdivision 6, or $35 for inspectors who paid that examination fee.
deleted text end new text begin(a) new text endEach
applicant for a certificate of competency must complete an interview with the chief boiler
inspector before issuance of the certificate of competency.

new text begin (b)new text end All initial certificates of competency shall be effective for more than one calendar
year and shall expire on December 31 of the year after the year in which the application
is made. deleted text beginThe commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the renewal of certificates of
competency from one calendar year to two calendar years. By June 30, 2011,
deleted text end

new text begin (c)new text end All renewed certificates of competency shall be valid for two calendar years. deleted text beginThe
fee for renewal of the state of Minnesota certificate of competency is $35 for one year or
$70 for two years, and is due the day after the certificate expires.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to paragraphs (a) and (c) are effective July
1, 2015, and expire July 1, 2017.
new text end

Sec. 5.

Minnesota Statutes 2014, section 341.321, is amended to read:


341.321 FEE SCHEDULE.

(a) The fee schedule for professional new text beginand amateur new text endlicenses issued by the
commissioner is as follows:

(1) referees, $80 deleted text beginfor each initial license and each renewaldeleted text end;

(2) promoters, $700 deleted text beginfor each initial license and each renewaldeleted text end;

(3) judges and knockdown judges, $80 deleted text beginfor each initial license and each renewaldeleted text end;

(4) trainersnew text begin and secondsnew text end, $80 deleted text beginfor each initial license and each renewaldeleted text end;

(5) ring announcers, $80 deleted text beginfor each initial license and each renewaldeleted text end;

deleted text begin (6) seconds, $80 for each initial license and each renewal;
deleted text end

deleted text begin (7)deleted text endnew text begin (6)new text end timekeepers, $80 deleted text beginfor each initial license and each renewaldeleted text end;

deleted text begin (8)deleted text end new text begin(7) professional new text endcombatants, deleted text begin$100 for each initial license and each renewaldeleted text endnew text begin $70new text end;

new text begin (8) amateur combatants, $50;
new text end

(9) managers, $80 deleted text beginfor each initial license and each renewaldeleted text end; and

(10) ringside physicians, $80 deleted text beginfor each initial license and each renewaldeleted text end.

In addition to the license fee deleted text beginand the late filing penalty fee in section 341.32, subdivision
2
, if applicable
deleted text end, an individual who applies for a deleted text beginprofessionaldeleted text end license deleted text beginon the same daydeleted text endnew text begin
within the 48 hours preceding when
new text end the combative sporting event is held shall pay a late
fee of $100 plus the original license fee deleted text beginof $120 at the time the application is submitteddeleted text end.

deleted text begin (b) The fee schedule for amateur licenses issued by the commissioner is as follows:
deleted text end

deleted text begin (1) referees, $80 for each initial license and each renewal;
deleted text end

deleted text begin (2) promoters, $700 for each initial license and each renewal;
deleted text end

deleted text begin (3) judges and knockdown judges, $80 for each initial license and each renewal;
deleted text end

deleted text begin (4) trainers, $80 for each initial license and each renewal;
deleted text end

deleted text begin (5) ring announcers, $80 for each initial license and each renewal;
deleted text end

deleted text begin (6) seconds, $80 for each initial license and each renewal;
deleted text end

deleted text begin (7) timekeepers, $80 for each initial license and each renewal;
deleted text end

deleted text begin (8) combatant, $60 for each initial license and each renewal;
deleted text end

deleted text begin (9) managers, $80 for each initial license and each renewal; and
deleted text end

deleted text begin (10) ringside physicians, $80 for each initial license and each renewal.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end The commissioner shall establish a contest fee for each combative sport
contestnew text begin and shall consider the size and type of venue when establishing a contest feenew text end. The
professional 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 scheduleddeleted text begin,deleted text endnew text begin.new text end The amateur combative sport contest fee shall
be $1,500 or not more than four percent of the gross ticket sales, whichever is greater.
deleted text beginThe commissioner shall consider the size and type of venue when establishing a contest
fee. The commissioner may establish the maximum number of complimentary tickets
allowed for each event by rule.
deleted text end

new text begin (c)new text end A professional or amateur combative sport contest fee is nonrefundabledeleted text begin.deleted text endnew text begin and
shall be paid as follows:
new text end

new text begin (1) $500 at the time the combative sport contest is scheduled; and
new text end

new text begin (2) $1,000 at the weigh-in prior to the contest.
new text end

new text begin If four percent of the gross ticket sales is greater than $1,500, the balance is due to the
commissioner within 24 hours of the completed contest.
new text end

new text begin (d) The commissioner may establish the maximum number of complimentary tickets
allowed for each event by rule.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end All fees and penalties collected by the commissioner must be deposited in the
commissioner account in the special revenue fund.

ARTICLE 3

DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT

Section 1.

Minnesota Statutes 2014, section 116J.8738, subdivision 3, is amended to
read:


Subd. 3.

Certification of qualified business.

(a) A business may apply to
the commissioner for certification as a qualified business under this section. The
commissioner shall specify the form of the application, the manner and times for applying,
and the information required to be included in the application. The commissioner may
impose an application fee in an amount sufficient to defray the commissioner's cost of
processing certifications. new text beginApplication fees are deposited in the greater Minnesota business
expansion administration account in the special revenue fund.
new text endA business must file a copy
of its application with the chief clerical officer of the city at the same time it applies to the
commissioner. For an agricultural processing facility located outside the boundaries of a
city, the business must file a copy of the application with the county auditor.

(b) The commissioner shall certify each business as a qualified business that:

(1) satisfies the requirements of subdivision 2;

(2) the commissioner determines would not expand its operations in greater
Minnesota without the tax incentives available under subdivision 4; and

(3) enters a business subsidy agreement with the commissioner that pledges to
satisfy the minimum expansion requirements of paragraph (c) within three years or less
following execution of the agreement.

The commissioner must act on an application within 90 days after its filing. Failure
by the commissioner to take action within the 90-day period is deemed approval of the
application.

(c) The business must increase the number of full-time equivalent employees
in greater Minnesota from the time the business subsidy agreement is executed by two
employees or ten percent, whichever is greater.

(d) The city, or a county for an agricultural processing facility located outside the
boundaries of a city, in which the business proposes to expand its operations may file
comments supporting or opposing the application with the commissioner. The comments
must be filed within 30 days after receipt by the city of the application and may include a
notice of any contribution the city or county intends to make to encourage or support the
business expansion, such as the use of tax increment financing, property tax abatement,
additional city or county services, or other financial assistance.

(e) Certification of a qualified business is effective for the seven-year period
beginning on the first day of the calendar month immediately following the date that the
commissioner informs the business of the award of the benefit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2014.
new text end

Sec. 2.

Minnesota Statutes 2014, section 116J.8738, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Funds. new text end

new text begin Amounts in the greater Minnesota business expansion
administration account in the special revenue fund are appropriated to the commissioner of
employment and economic development for costs associated with processing applications
under subdivisions 3, 4, and 5, and for personnel and administrative expenses related to
administering the greater Minnesota business expansion program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2014.
new text end

Sec. 3.

new text begin [116L.981] CAREER PATHWAYS GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner shall competitively award grants
to grantee organizations for the purpose of establishing and operating career pathways
programs that assist individuals to complete necessary education and secure, retain, and
advance within unsubsidized employment with family-sustaining wages.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) "Family-sustaining wages" means compensation capable
of meeting the basic needs of one's family, taking into consideration geographic location.
new text end

new text begin (b) "Grantee organization" means an organization receiving a grant that is capable
of administering a master grant agreement and may include, but is not limited to, a state
or local government unit, nonprofit organization, community action agency, business
organization or association, or labor organization.
new text end

new text begin (c) "Partnership" means the unified efforts of a workforce development-focused
entity, adult basic education provider, a training provider, and an employer, all of whom
work with grantee organizations to support the career pathways program.
new text end

new text begin (d) "Support services" means services such as family care, child care, transportation,
emergency housing, rental assistance, counseling, health care, emergency health
assistance, emergency financial assistance, work-related tools, clothing, or other
noneducational assistance necessary for an individual to successfully secure, retain, and
advance within unsubsidized employment.
new text end

new text begin (e) "Training provider" means an entity that is licensed, registered, or otherwise
exempt by the Minnesota Office of Higher Education under chapter 141, that is capable of
offering training that results in an industry-recognized credential.
new text end

new text begin Subd. 3. new text end

new text begin Allowable uses. new text end

new text begin (a) Grantee organizations must establish and maintain
working relationships with partnerships to create career pathways programs that support
individuals to complete necessary education and secure, retain, and advance within
unsubsidized employment.
new text end

new text begin (b) Grantee organizations must prioritize use of funds for individuals facing one or
more barriers to unsubsidized employment. For the purposes of this section, "barriers
to unsubsidized employment" means populations that have historically faced greater
difficulties in finding employment that pays family-sustaining wages. These populations
include people:
new text end

new text begin (1) of color;
new text end

new text begin (2) experiencing housing insecurity;
new text end

new text begin (3) with a criminal record;
new text end

new text begin (4) lacking a high school diploma or equivalent;
new text end

new text begin (5) with disabilities;
new text end

new text begin (6) unemployed for 26 or more consecutive weeks; and
new text end

new text begin (7) possessing inadequate language or math skills.
new text end

new text begin (c) Grantee organizations, through their partnerships, may offer services that:
new text end

new text begin (1) align with the skill needs of industries in the economy of the state or regional
economy involved;
new text end

new text begin (2) prepare an individual to be successful in a full range of secondary or
postsecondary education options, including apprenticeships;
new text end

new text begin (3) include counseling to support an individual in achieving the individual's
education and career goals;
new text end

new text begin (4) include, as appropriate, education offered concurrently with and in the same
context as workforce preparation activities and training for a specific occupation or
occupational cluster;
new text end

new text begin (5) organize education, training, and other services to meet the particular needs of
an individual in a manner that accelerates the educational career advancement of the
individual to the extent practicable;
new text end

new text begin (6) enable an individual to attain a high school diploma or its recognized equivalent,
and at least one recognized postsecondary credential;
new text end

new text begin (7) help an individual enter or advance within a specific occupation or occupational
cluster; and
new text end

new text begin (8) emphasize participant placement into a related career field with the potential for
family-sustaining wage growth.
new text end

new text begin (d) Grantee organizations may also offer financial literacy education and
entrepreneurial training and consulting.
new text end

new text begin Subd. 4. new text end

new text begin Grant limitations. new text end

new text begin (a) Funds allocated to a grantee organization are
subject to the following cost limitations:
new text end

new text begin (1) no more than ten percent may be allocated for administration;
new text end

new text begin (2) no more than 15 percent may be allocated for support services; and
new text end

new text begin (3) the remainder of the funds must be allocated for education and training-related
assistance.
new text end

new text begin (b) A grantee organization may request a waiver of the cost limitations in paragraph
(a), but no waiver shall allow less than 30 percent of the grant to be spent on education
and training assistance, or more than 20 percent on support services.
new text end

new text begin (c) A waiver granted under paragraph (b) must only be granted if funds other than
state funds awarded through this grant program are used to fund training assistance.
new text end

new text begin Subd. 5. new text end

new text begin Performance outcomes. new text end

new text begin The commissioner shall report to the legislature
on the performance outcomes of this section in the same manner, and with the same
content as required by, section 116L.98.
new text end

Sec. 4.

Minnesota Statutes 2014, section 268.035, subdivision 6, is amended to read:


Subd. 6.

Benefit year.

"Benefit year" means the period of 52 calendar weeks
beginning the date a benefit account is effective. For a benefit account established
effective any January 1, April 1, July 1, new text beginor new text endOctober 1, deleted text beginor January 2, 2000, or October 2,
2011,
deleted text end the benefit year will be a period of 53 calendar weeks.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 5.

Minnesota Statutes 2014, section 268.035, subdivision 21b, is amended to read:


Subd. 21b.

Preponderance of the evidence.

"Preponderance of the evidence"
means evidence in deleted text beginsubstantiationdeleted text endnew text begin supportnew text end of a fact thatdeleted text begin, when weighed against the evidence
opposing the fact,
deleted text end is more convincing and has a greater probability of truthnew text begin than the
evidence opposing the fact
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 6.

Minnesota Statutes 2014, section 268.035, subdivision 26, is amended to read:


Subd. 26.

Unemployed.

An applicant is considered "unemployed" deleted text begin(1)deleted text end in any week
thatnew text begin:
new text end

new text begin (1)new text end the applicant performs less than 32 hours of service in employment, covered
employment, noncovered employment, self-employment, or volunteer work; and

(2) any earnings with respect to that week are less than the applicant's weekly
unemployment benefit amount.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 7.

Minnesota Statutes 2014, section 268.035, subdivision 30, is amended to read:


Subd. 30.

Wages paid.

(a) "Wages paid" means the amount of wagesnew text begin:
new text end

new text begin (1)new text end that have been actually paidnew text begin;new text end or

new text begin (2)new text end that have been credited to or set apart so that payment and disposition is under
the control of the employee.

new text begin (b)new text end Wage payments delayed beyond the regularly scheduled pay date are considered
"wages paid" on the missed pay date. Back pay is considered "wages paid" on the date
of actual payment. Any wages earned but not paid with no scheduled date of payment is
considered "wages paid" on the last day of employment.

deleted text begin (b)deleted text endnew text begin (c)new text end Wages paid does not include wages earned but not paid except as provided
for in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 8.

Minnesota Statutes 2014, section 268.051, subdivision 7, is amended to read:


Subd. 7.

Tax rate buydown.

(a) Any taxpaying employer that has been assigned
a tax rate based upon an experience rating, and has no amounts past due under this
chapter, may, upon the payment of an amount equivalent to any portion or all of the
unemployment benefits used in computing the experience rating plus a surcharge of 25
percent, obtain a cancellation of unemployment benefits used equal to the payment made,
less the surcharge. The payment is applied to the most recent unemployment benefits paid
that are used in computing the experience rating. Upon the payment, the commissioner
must compute a new experience rating for the employer, and compute a new tax rate.

(b) Payments for a tax rate buydown may be made only by electronic payment
and must be received within 120 calendar days from the beginning of the calendar year
for which the tax rate is effective.

deleted text begin (c) For calendar years 2011, 2012, and 2013, the surcharge of 25 percent provided
for in paragraph (a) does not apply.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 9.

Minnesota Statutes 2014, section 268.07, subdivision 2, is amended to read:


Subd. 2.

Benefit account requirements.

(a) Unless paragraph (b) applies, to
establish a benefit account an applicant must have total wage credits in the applicant's four
quarter base period of at leastdeleted text begin: (1) $2,400; or (2)deleted text end 5.3 percent of the state's average annual
wage rounded down to the next lower $100deleted text begin, whichever is higherdeleted text end.

(b) To establish a new benefit account deleted text beginwithin 52 calendar weeksdeleted text end following the
expiration of the benefit year on a prior benefit account, an applicant must have performed
deleted text beginservicesdeleted text endnew text begin actual worknew text end in new text beginsubsequent new text endcovered employment and have been paid wages in one
or more completed calendar quarters that started after the effective date of the prior benefit
account. The wages paid for deleted text beginthose servicesdeleted text endnew text begin that employmentnew text end must be at least enough to
meet the requirements of paragraph (a). A benefit account under this paragraph may not
be established effective earlier than the Sunday following the end of the most recent
completed calendar quarter in which the requirements of paragraph (a) were met. deleted text beginOne
of the reasons for this paragraph is to prevent
deleted text end An applicant deleted text beginfrom establishingdeleted text endnew text begin may not
establish
new text end a second benefit account as a result of one loss of employment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015, except the amendment
striking "within 52 calendar weeks" is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2014, section 268.07, subdivision 3b, is amended to read:


Subd. 3b.

Limitations on applications and benefit accounts.

(a) An application for
unemployment benefits is effective the Sunday of the calendar week that the application
was filed. An application for unemployment benefits may be backdated one calendar week
before the Sunday of the week the application was actually filed if the applicant requests
the backdating at the time the application is filed. An application may be backdated only
if the applicant was unemployed during the period of the backdating. If an individual
attempted to file an application for unemployment benefits, but was prevented from filing
an application by the department, the application is effective the Sunday of the calendar
week the individual first attempted to file an application.

(b) A benefit account established under subdivision 2 is effective the date the
application for unemployment benefits was effective.

(c) A benefit account, once established, may later be withdrawn only if:

(1) the applicant has not been paid any unemployment benefits on that benefit
account; and

(2) a new application for unemployment benefits is filed and a new benefit account is
established at the time of the withdrawal.

A determination or amended determination of eligibility or ineligibility issued under
section 268.101, that was sent before the withdrawal of the benefit account, remains in
effect and is not voided by the withdrawal of the benefit account.

(d) An application for unemployment benefits is not allowed before the Sunday
following the expiration of the benefit year on a prior benefit account. Except as allowed
under paragraph (c), an applicant may establish only one benefit account each 52 calendar
weeks.new text begin This paragraph applies to benefit accounts established under any federal law or
the law of any other state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 11.

Minnesota Statutes 2014, section 268.085, subdivision 1, is amended to read:


Subdivision 1.

Eligibility conditions.

An applicant may be eligible to receive
unemployment benefits for any week if:

(1) the applicant has filed a continued request for unemployment benefits for that
week under section 268.0865;

(2) the week for which unemployment benefits are requested is in the applicant's
benefit year;

(3) the applicant was unemployed as defined in section 268.035, subdivision 26;

(4) the applicant was available for suitable employment as defined in subdivision
15. The applicant's weekly unemployment benefit amount is reduced one-fifth for each
day the applicant is unavailable for suitable employment. This clause does not apply to
an applicant who is in reemployment assistance training, or each day the applicant is on
jury duty or serving as an election judge;

(5) the applicant was actively seeking suitable employment as defined in subdivision
16. This clause does not apply to an applicant who is in reemployment assistance training
or who was on jury duty throughout the week;

(6) the applicant has served a nonpayable period of one week that the applicant is
otherwise entitled to some amount of unemployment benefits. This clause does not apply
if the applicant would have been entitled to federal disaster unemployment assistance
because of a disaster in Minnesota, but for the applicant's establishment of a benefit
account under section 268.07; and

(7) the applicant has been participating in reemployment assistance services, such as
deleted text beginjobdeleted text endnew text begin development of, and adherence to, a worknew text end search deleted text beginand resume writing classesdeleted text endnew text begin plannew text end, if
the applicant has been deleted text begindetermined in need of reemployment assistance servicesdeleted text endnew text begin directed
to participate
new text end by the commissionerdeleted text begin, unlessdeleted text endnew text begin. This clause does not apply ifnew text end the applicant
has good cause for failing to participate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 12.

Minnesota Statutes 2014, section 268.085, subdivision 2, is amended to read:


Subd. 2.

Not eligible.

An applicant is ineligible for unemployment benefits for
any week:

(1) that occurs before the effective date of a benefit account;

(2) that the applicant, at the beginning of the week, has an outstanding fraud
overpayment balance under section 268.18, subdivision 2, including any penalties and
interest;

(3) that occurs in a period when the applicant is a student in attendance at, or on
vacation from a secondary school including the period between academic years or terms;

(4) that the applicant is incarcerated or performing court-ordered community service.
The applicant's weekly unemployment benefit amount is reduced by one-fifth for each day
the applicant is incarcerated or performing court-ordered community service;

(5) that the applicant fails or refuses to provide information on an issue of
ineligibility required under section 268.101;

(6) that the applicant is performing services 32 hours or more, in employment,
covered employment, noncovered employment, volunteer work, or self-employment
regardless of the amount of any earnings; or

(7) with respect to which the applicant deleted text beginis receiving, has received, ordeleted text end has filed an
application for unemployment benefits under any federal law or the law of any other
state. If the appropriate agency finally determines that the applicant is not entitled to deleted text beginthe
unemployment benefits
deleted text endnew text begin establish a benefit account under federal law of the law of any
other state
new text end, this clause does not apply.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 13.

Minnesota Statutes 2014, section 268.095, subdivision 1, is amended to read:


Subdivision 1.

Quit.

An applicant who quit employment is ineligible for all
unemployment benefits according to subdivision 10 except when:

(1) the applicant quit the employment because of a good reason caused by the
employer as defined in subdivision 3;

(2) the applicant quit the employment to accept other covered employment that
provided deleted text beginsubstantiallydeleted text endnew text begin equal to ornew text end better terms and conditions of employment, but
the applicant did not work long enough at the second employment to have sufficient
subsequent earnings to satisfy the period of ineligibility that would otherwise be imposed
under subdivision 10 for quitting the first employment;

(3) the applicant quit the employment within 30 calendar days of beginning the
employment because the employment was unsuitable for the applicant;

(4) the employment was unsuitable for the applicant and the applicant quit to enter
reemployment assistance training;

(5) the employment was part time and the applicant also had full-time employment
in the base period, from which full-time employment the applicant separated because of
reasons for which the applicant deleted text beginwas helddeleted text endnew text begin isnew text end not deleted text beginto bedeleted text end ineligible, and the wage credits from
the full-time employment are sufficient to meet the minimum requirements to establish a
benefit account under section 268.07;

(6) the applicant quit because the employer notified the applicant that the applicant
was going to be laid off because of lack of work within 30 calendar days. An applicant
who quit employment within 30 calendar days of a notified date of layoff because of lack
of work is ineligible for unemployment benefits through the end of the week that includes
the scheduled date of layoff;

(7) the applicant quit the employment (i) because the applicant's serious illness or
injury made it medically necessary that the applicant quit; or (ii) in order to provide
necessary care because of the illness, injury, or disability of an immediate family member
of the applicant. This exception only applies if the applicant informs the employer of
the medical problem and requests accommodation and no reasonable accommodation
is made available.

If the applicant's serious illness is chemical dependency, this exception does not
apply if the applicant was previously diagnosed as 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.

This exception raises an issue of the applicant's being available for suitable
employment under section 268.085, subdivision 1, that the commissioner must determine;

(8) the applicant's loss of child care for the applicant's minor child caused the
applicant to quit the employment, provided the applicant made reasonable effort to obtain
other child care and requested time off or other accommodation from the employer and no
reasonable accommodation is available.

This exception raises an issue of the applicant's being available for suitable
employment under section 268.085, subdivision 1, that the commissioner must determine;

(9) the applicant quit because domestic abuse, sexual assault, or stalking of the
applicant or an immediate family member of the applicant, necessitated the applicant's
quitting the employment.

For purposes of this subdivision:

(i) "domestic abuse" has the meaning given in section 518B.01;

(ii) "sexual assault" means an act that would constitute a violation of sections
609.342 to 609.3453 or 609.352; and

(iii) "stalking" means an act that would constitute a violation of section 609.749; or

(10) the applicant quit in order to relocate to accompany a spouse whose job location
changed making it impractical for the applicant to commute.new text begin This exception only applies
if the spouse's job is in the military or provides total wages and other compensation that is
equal to or better than the applicant's employment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 14.

Minnesota Statutes 2014, section 268.095, subdivision 10, is amended to read:


Subd. 10.

Ineligibility duration.

(a) Ineligibility from the payment of all
unemployment benefits under subdivisions 1 and 4 is for the duration of the applicant's
unemployment and until the end of the calendar week that the applicant had total wages
paid new text beginfor actual work performed new text endin subsequent covered employment sufficient to meet
one-half of the requirements of section 268.07, subdivision 2, paragraph (a).

(b) Ineligibility imposed under subdivisions 1 and 4 begins on the Sunday of the
week that the applicant became separated from employment.

(c) In addition to paragraph (a), if the applicant was discharged from employment
because of aggravated employment misconduct, wage credits from that employment are
canceled and cannot be used for purposes of a benefit account under section 268.07,
subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 15.

Minnesota Statutes 2014, section 268.105, subdivision 3, is amended to read:


Subd. 3.

Withdrawal of new text beginan new text endappeal.

(a) deleted text beginAnydeleted text endnew text begin Annew text end appeal that is pending before
an unemployment law judge may be withdrawn by the appealing deleted text beginpersondeleted text endnew text begin partynew text end, or an
authorized representative of that deleted text beginpersondeleted text endnew text begin partynew text end, deleted text beginupondeleted text endnew text begin bynew text end filing of a notice of withdrawal.new text begin A
notice of withdrawal may be filed by mail or by electronic transmission.
new text end

(b) The appeal must, by order, be dismissed if a notice of withdrawal is filed, unless
an unemployment law judge directs that further deleted text beginadjudication isdeleted text endnew text begin proceedings arenew text end required
for a proper result.new text begin An order of dismissal issued as a result of a notice of withdrawal is
not subject to reconsideration or appeal.
new text end

(c) deleted text beginA notice of withdrawal may be filed by mail or by electronic transmission.deleted text endnew text begin A
party may file a new appeal after the order of dismissal, but the original 20-calendar-day
period for appeal begins from the date of issuance of the determination and that time
period is not suspended or restarted by the notice of withdrawal and order of dismissal.
The new appeal may only be filed by mail or facsimile transmission.
new text end

new text begin (d) For purposes of this subdivision, "appeals" includes a request for reconsideration
filed under subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 16.

Minnesota Statutes 2014, section 268.105, subdivision 7, is amended to read:


Subd. 7.

Judicial review.

(a) The Minnesota Court of Appeals must, by writ
of certiorari to the department, review the unemployment law judge's decision on
reconsideration, provided a petition for the writ is filed with the court and a copy is served
upon the unemployment law judge or the commissioner and any other party within 30
calendar days of the sending of the unemployment law judge's decision on reconsideration
under subdivision 2.new text begin Three days are added to the 30-calendar-day period if the decision on
reconsideration was mailed to the parties.
new text end

(b) Any employer petitioning for a writ of certiorari must pay to the court the
required filing fee in accordance with the Rules of Civil Appellate Procedure. If the
employer requests a written transcript of the testimony received at the hearing conducted
under subdivision 1, the employer must pay to the department the cost of preparing the
transcript. That money is credited to the administration account.

(c) Upon issuance by the Minnesota Court of Appeals of a writ of certiorari as a
result of an applicant's petition, the department must furnish to the applicant at no cost a
written transcript of any testimony received at the hearing conducted under subdivision 1,
and, if requested, a copy of all exhibits entered into evidence. No filing fee or cost bond is
required of an applicant petitioning the Minnesota Court of Appeals for a writ of certiorari.

(d) The Minnesota Court of Appeals may affirm the decision of the unemployment
law judge or remand the case for further proceedings; or it may reverse or modify the
decision if the substantial rights of the petitioner may have been prejudiced because the
findings, inferences, conclusion, or decision are:

(1) in violation of constitutional provisions;

(2) in excess of the statutory authority or jurisdiction of the department;

(3) made upon unlawful procedure;

(4) affected by other error of law;

(5) unsupported by substantial evidence in view of the entire record as submitted; or

(6) arbitrary or capricious.

(e) The department is considered the primary responding party to any judicial action
involving an unemployment law judge's decision. The department may be represented by
an attorney licensed to practice law in Minnesota who is an employee of the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 17.

Minnesota Statutes 2014, section 268.136, subdivision 1, is amended to read:


Subdivision 1.

Shared work plan requirements.

An employer may submit a
proposed shared work plan for an employee group to the commissioner for approval in a
manner and format set by the commissioner. The proposed shared work plan must include:

(1) a certified statement that the normal weekly hours of work of all of the proposed
participating employees were full time or regular part time but are now reduced, or will be
reduced, with a corresponding reduction in pay, in order to prevent layoffs;

(2) the name and Social Security number of each participating employee;

(3) the number of layoffs that would have occurred absent the employer's ability to
participate in a shared work plan;

(4) a certified statement that each participating employee was first hired by the
employer at least one year before the proposed shared work plan is submitted and is not a
seasonal, temporary, or intermittent worker;

(5) the hours of work each participating employee will work each week for the
duration of the shared work plan, which must be at least 50 percent of the normal weekly
hours but no more than deleted text begin90deleted text endnew text begin 80new text end percent of the normal weekly hours, except that the plan
may provide for a uniform vacation shutdown of up to two weeks;

(6) a certified statement that any health benefits and pension benefits provided by
the employer to participating employees will continue to be provided under the same
terms and conditions as though the participating employees' hours of work each week had
not been reduced;

(7) a certified statement that the terms and implementation of the shared work plan is
consistent with the employer's obligations under state and federal law;

(8) an acknowledgement that the employer understands that unemployment benefits
paid under a shared work plan will be used in computing the future tax rate of a taxpaying
employer or charged to the reimbursable account of a nonprofit or government employer;

(9) the proposed duration of the shared work plan, which must be at least two months
and not more than one year, although a plan may be extended for up to an additional
year upon approval of the commissioner;

(10) a starting date beginning on a Sunday at least 15 calendar days after the date the
proposed shared work plan is submitted; and

(11) a signature of an owner or officer of the employer who is listed as an owner or
officer on the employer's account under section 268.045.

new text begin EFFECTIVE DATE. new text end

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

Sec. 18.

Minnesota Statutes 2014, section 268.194, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

There is established as a special state trust fund,
separate and apart from all other public money or funds of this state, an unemployment
insurance trust fund, that is administered by the commissioner exclusively for the payment
of unemployment benefits. This trust fund consists of:

(1) all taxes collected;

(2) interest earned upon any money in the trust fund;

(3) reimbursements paid by nonprofit organizations and the state and political
subdivisions;

(4) tax rate buydown payments under section 268.051, subdivision 7;

(5) any money received as a loan from the federal unemployment trust fund in
accordance with United States Code, title 42, section 1321, of the Social Security Act;

(6) any other money received under a reciprocal unemployment benefit arrangement
with the federal government or any other state;

(7) money recovered on overpaid unemployment benefits deleted text beginexcept, if allowed by
federal law, five percent of any recovered amount is credited to the administration account
deleted text end;

(8) all money credited to the account under this chapter;

(9) all money credited to the account of Minnesota in the federal unemployment
trust fund under United States Code, title 42, section 1103, of the Social Security Act,
also known as the Reed Act; and

(10) all money received for the trust fund from any other source.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 19.

new text begin [268A.031] COMMISSIONER AND EMPLOYEES NOT SUBJECT
TO SUBPOENA.
new text end

new text begin The commissioner and employees of the department shall not be subject to subpoena
for purposes of providing testimony regarding any client served under this chapter.
new text end

ARTICLE 4

DEPARTMENT OF COMMERCE

Section 1.

Minnesota Statutes 2014, section 16C.144, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Funding. new text end

new text begin (a) The commissioner of commerce is authorized to set and fix a
fee to fund the program under this section. The fee shall be paid as a percentage of the
total investment cost for a project that has received a fully executed work order contract
under the conditions imposed by this section. The fee percentage shall be adjusted on the
basis of the total value of the contracts approved relative to the funding level needed
to operate the program.
new text end

new text begin (b) Fees collected under this subdivision must be deposited in the guaranteed energy
savings platform account under subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2014, section 16C.144, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Guaranteed energy savings platform account; appropriation. new text end

new text begin (a) A
guaranteed energy savings platform account is created as a separate account in the special
revenue fund. The account consists of funds donated, allocated, transferred, or otherwise
provided to the account, including fees collected and deposited under subdivision 7.
Earnings, including interest, dividends, and any other earnings arising from account assets,
must be credited to the account.
new text end

new text begin (b) Funds in the account are annually appropriated to the commissioner of commerce
for activities under this section.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2014, section 45.0135, subdivision 7, is amended to read:


Subd. 7.

Assessment.

Each insurer authorized to sell insurance in the state of
Minnesota, including surplus lines carriers, and having Minnesota earned premium the
previous calendar year shall remit an assessment to the commissioner for deposit in the
insurance fraud prevention account on or before June 1 of each year. The amount of the
assessment shall be based on the insurer's total assets and on the insurer's total written
Minnesota premium, for the preceding fiscal year, as reported pursuant to section 60A.13.
The assessment is calculated to be an amount up to the following:

Total Assets
Assessment
Less than $100,000,000
$
deleted text begin 200 deleted text end new text begin
325
new text end
$100,000,000 to $1,000,000,000
$
deleted text begin 750 deleted text end new text begin
1,200
new text end
Over $1,000,000,000
$
deleted text begin 2,000 deleted text end new text begin
3,215
new text end
Minnesota Written Premium
Assessment
Less than $10,000,000
$
deleted text begin 200 deleted text end new text begin
325
new text end
$10,000,000 to $100,000,000
$
deleted text begin 750 deleted text end new text begin
1,200
new text end
Over $100,000,000
$
deleted text begin 2,000 deleted text end new text begin
3,215
new text end

For purposes of this subdivision, the following entities are not considered to be
insurers authorized to sell insurance in the state of Minnesota: risk retention groups; or
township mutuals organized under chapter 67A.

Sec. 4.

new text begin [45A.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of this chapter, the terms in subdivisions 2 to 7
have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Commerce.
new text end

new text begin Subd. 3. new text end

new text begin Financial abuse. new text end

new text begin "Financial abuse" means to take, appropriate, obtain, or
retain, or assist in taking, appropriating, obtaining, or retaining, real or personal property
of an older adult or vulnerable adult by any means, including undue influence, for a
wrongful purpose or with intent to defraud the older adult or vulnerable adult.
new text end

new text begin Subd. 4. new text end

new text begin Financial exploitation. new text end

new text begin "Financial exploitation" means the illegal or
improper use, control over, or withholding of the property, income, resources, or trust
funds of the older adult or vulnerable adult by a person or entity for a person's or entity's
profit or advantage other than for the older adult's or vulnerable adult's profit or advantage.
"Financial exploitation" includes, but is not limited to:
new text end

new text begin (1) the use of deception, intimidation, or undue influence by a person or entity in a
position of trust and confidence with an older adult or vulnerable adult to obtain or use the
property, income, resources, or trust funds of the older adult or vulnerable adult for the
benefit of a person or entity other than the older adult or vulnerable adult;
new text end

new text begin (2) the breach of a fiduciary duty, including, but not limited to, the misuse of a
power of attorney, trust, or a guardianship appointment, that results in the unauthorized
appropriation, sale, or transfer of the property, income, resources, or trust funds of the
older adult or vulnerable adult for the benefit of a person or entity other than the older
adult or vulnerable adult; or
new text end

new text begin (3) obtaining or using an older adult's or vulnerable adult's property, income,
resources, or trust funds without lawful authority, by a person or entity who knows or
clearly should know that the older adult or vulnerable adult lacks the capacity to consent
to the release or use of his or her property, income, resources, or trust funds.
new text end

new text begin Subd. 5. new text end

new text begin Older adult. new text end

new text begin "Older adult" means an individual who is 60 years of age
or older.
new text end

new text begin Subd. 6. new text end

new text begin Regulated entity. new text end

new text begin "Regulated entity" means an entity regulated by the
commissioner of commerce when discharging the duties and responsibilities entrusted to
the commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Vulnerable adult. new text end

new text begin "Vulnerable adult" has the meaning given the term in
section 626.5572, subdivision 21.
new text end

Sec. 5.

new text begin [45A.02] FINANCIAL EXPLOITATION OR ABUSE OF OLDER
ADULTS OR VULNERABLE ADULTS.
new text end

new text begin Subdivision 1. new text end

new text begin Right to refuse transaction based on reasonable belief of
exploitation.
new text end

new text begin Pending an investigation by the regulated entity, the department, or law
enforcement, if a regulated entity reasonably believes that financial exploitation or
financial abuse of an older adult or vulnerable adult may have occurred, may have been
attempted, or is being attempted, the regulated entity may, but is not required to, refuse a
transaction requiring disbursal of funds contained in the account:
new text end

new text begin (1) of the older adult or vulnerable adult;
new text end

new text begin (2) on which the older adult or vulnerable adult is a beneficiary, including a trust or
guardianship account; or
new text end

new text begin (3) of a person suspected of perpetrating financial exploitation or financial abuse of
an older adult or vulnerable adult.
new text end

new text begin Subd. 2. new text end

new text begin Right to refuse transaction based on information received. new text end

new text begin (a) A
regulated entity may also refuse to disburse funds under this section if the department, law
enforcement, or the prosecuting attorney's office provides information to the regulated
entity demonstrating that it is reasonable to believe that financial exploitation or financial
abuse of an older adult or vulnerable adult may have occurred, may have been attempted,
or is being attempted.
new text end

new text begin (b) A regulated entity is not required to refuse to disburse funds when provided with
information alleging that financial exploitation or financial abuse may have occurred, may
have been attempted, or is being attempted, but may use its discretion to determine whether
or not to refuse to disburse funds based on the information available to the regulated entity.
new text end

new text begin Subd. 3. new text end

new text begin Notification and reporting requirements. new text end

new text begin A regulated entity that refuses
to disburse funds based on a reasonable belief that financial exploitation or financial abuse
of an older adult or vulnerable adult may have occurred, may have been attempted, or
is being attempted shall:
new text end

new text begin (1) make a reasonable effort to notify all parties authorized to transact business on
the account orally or in writing; and
new text end

new text begin (2) report the incident to the department and local law enforcement.
new text end

new text begin Subd. 4. new text end

new text begin Expiration of refusal. new text end

new text begin A refusal to disburse funds as authorized by this
section based on the reasonable belief of a regulated entity that financial exploitation or
financial abuse of an older adult or vulnerable adult may have occurred, may have been
attempted, or is being attempted will expire upon the sooner of:
new text end

new text begin (1) ten business days after the date on which the regulated entity first refused to
disburse the funds if the transaction involved the sale of a security or offer to sell a
security, unless sooner terminated by an order of a court of competent jurisdiction;
new text end

new text begin (2) five business days after the date on which the regulated entity first refused to
disburse the funds if the transaction did not involve the sale of a security or offer to sell a
security, unless sooner terminated by an order of a court of competent jurisdiction; or
new text end

new text begin (3) the time when the regulated entity is satisfied that the disbursement will not result
in financial exploitation or financial abuse of an older adult or vulnerable adult.
new text end

new text begin Subd. 5. new text end

new text begin Extension of refusal. new text end

new text begin A court of competent jurisdiction may enter an order
extending the refusal by the regulated entity to disburse funds based on a reasonable belief
that financial exploitation or financial abuse of an older adult or vulnerable adult may
have occurred, may have been attempted, or is being attempted. A court of competent
jurisdiction may also order other protective relief.
new text end

new text begin Subd. 6. new text end

new text begin Refusal immunity. new text end

new text begin A regulated entity or an employee of a regulated entity
is immune from criminal, civil, and administrative liability for refusing to disburse funds or
disbursing funds under this section and for actions taken in furtherance of that determination
if the determination of whether or not to disburse funds was made in good faith.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016.
new text end

Sec. 6.

new text begin [45A.03] ALLOWABLE DISCLOSURES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition; qualified employee. new text end

new text begin "Qualified employee" means an
employee of a regulated entity who serves in a supervisory, compliance, or legal capacity
as part of the employee's job.
new text end

new text begin Subd. 2. new text end

new text begin Authorized disclosure. new text end

new text begin Notwithstanding any other provision of law, a
regulated entity or an officer, qualified employee, agent, or director of a regulated entity
may disclose financial records and any other information relating to a customer of the
regulated entity if the regulated entity or its officer, qualified employee, agent, or director:
new text end

new text begin (1) believes that the customer has been subjected to financial exploitation or
financial abuse; and
new text end

new text begin (2) makes the disclosure in a report of financial exploitation or financial abuse
to the department.
new text end

new text begin Subd. 3. new text end

new text begin Protection. new text end

new text begin A report filed under this section by a regulated entity or an
officer, qualified employee, agent, or director of a regulated entity is deemed to protect
against or prevent actual or potential fraud, unauthorized transactions, or other liability.
new text end

new text begin Subd. 4. new text end

new text begin Required disclosure. new text end

new text begin (a) Notwithstanding any other law limiting
or prohibiting disclosure, a regulated entity shall make a report as provided in this
subdivision if a qualified employee of the regulated entity, while acting within the scope
of the employee's employment:
new text end

new text begin (1) observes or obtains knowledge of behavior or unusual circumstances or
transactions that leads the employee to know or have reasonable cause to suspect that the
older adult or vulnerable adult is the victim of financial exploitation or financial abuse; and
new text end

new text begin (2) has contact with an older adult or vulnerable adult or reviews or approves
an older adult's or vulnerable adult's financial documents, records, or transactions in
connection with financial services provided by the regulated entity to or for the older
adult or vulnerable adult.
new text end

new text begin (b) The report required under paragraph (a) must be made:
new text end

new text begin (1)(i) to the department;
new text end

new text begin (ii) if the employee knows that the older adult or vulnerable adult resides in a
long-term care facility located in the state, to an ombudsman for the long-term care
facility, the local law enforcement agency, or a county attorney; and
new text end

new text begin (iii) to the common entry point under section 626.557; and
new text end

new text begin (2)(i) by telephone notification within 24 hours after the employee knows or has
reasonable cause to suspect that the older adult or vulnerable adult could be the victim of
financial exploitation or financial abuse; and
new text end

new text begin (ii) in writing sent within three business days after the employee knows or has
reasonable cause to suspect that the older adult or vulnerable adult could be the victim of
financial exploitation or financial abuse.
new text end

new text begin (c) Subject to paragraph (d), a report made under this subdivision is classified as
confidential data on individuals or protected nonpublic data and the information contained
in the report may be disclosed only:
new text end

new text begin (1) in connection with an investigation of the suspected financial exploitation or
financial abuse, to:
new text end

new text begin (i) an adult protective services agency;
new text end

new text begin (ii) a long-term care ombudsman;
new text end

new text begin (iii) a law enforcement agency;
new text end

new text begin (iv) the Department of Human Services; and
new text end

new text begin (v) the Office of the Attorney General or of a county attorney; or
new text end

new text begin (2) as authorized by the older adult, vulnerable adult, or the legal guardian of the
older adult or vulnerable adult.
new text end

new text begin (d) Paragraph (c) may not be construed to:
new text end

new text begin (1) allow the disclosure of a report made under this subdivision or a record relevant
to the report if the disclosure would be prohibited by any other provision of state or
federal law; or
new text end

new text begin (2) prohibit the disclosure by a regulated entity or an officer, employee, agent, or
director of a regulated entity of a report made under this subdivision or a record relevant
to the report if the disclosure would be required by another state law, federal law, or
court order.
new text end

new text begin (e) This section does not prohibit or limit the disclosure of financial records
otherwise permitted under this chapter.
new text end

new text begin (f) A regulated entity or an officer, employee, agent, or director of a regulated entity
may decline to provide to a person information that would disclose or indicate whether a
report has or has not been filed under this section.
new text end

new text begin A regulated entity or an officer, employee, agent, or director of a regulated entity
may not decline to provide information requested by a person identified in paragraph (c) in
connection with an investigation of suspected financial exploitation or financial abuse.
new text end

new text begin (g) Except as provided in section 45A.06, there is no liability on the part of, no cause
of action of any nature arises against, and there is immunity from any civil and criminal
liability that would otherwise result for, a regulated entity or an officer, employee, agent,
or director of a regulated entity for an action or omission involved with:
new text end

new text begin (1) making or participating in making a disclosure or report under this section;
new text end

new text begin (2) participating in an investigation or a judicial proceeding resulting from a report
filed under this section; or
new text end

new text begin (3) declining to provide information as described in paragraph (e).
new text end

new text begin (h) Except as required under paragraph (a), this section does not create and may not
be construed as creating, on the part of a regulated entity or an officer, employee, agent, or
director of a regulated entity, a duty to make a disclosure to an adult protective services
program or file a report under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016.
new text end

Sec. 7.

new text begin [45A.04] PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Failure to file report. new text end

new text begin A regulated entity that fails to file a report
concerning an older adult or vulnerable adult as required under section 45A.03 is subject
to a civil penalty not exceeding $5,000, if the failure to report is willful.
new text end

new text begin Subd. 2. new text end

new text begin Unauthorized disclosures. new text end

new text begin A person who discloses information contained
in a report in violation of section 45A.03 is subject to a fine not exceeding $500.
new text end

new text begin Subd. 3. new text end

new text begin Recovery and payment. new text end

new text begin The civil penalties provided under this section
may be recovered only by an action brought by the department against the regulated entity
pursuant to section 45.027 and must be paid by the regulated entity. All civil penalties
recovered by the department under this section must be deposited in the senior trust fund
in section 45A.08.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016.
new text end

Sec. 8.

new text begin [45A.05] TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Content. new text end

new text begin The department, in consultation with regulated entities
and the Department of Human Services, shall develop a standardized training curriculum
that regulated entities must offer to employees. The regulated entity may develop its own
training, which must be approved by the department before it is offered to employees. All
training materials developed by the regulated entity must be provided to the department
at least ten business days before the training takes place, or within ten business days
after a request from the department. The training must include recognition of indicators
of financial exploitation and financial abuse of an older adult or a vulnerable adult, the
manner in which employees must report suspected financial exploitation and financial
abuse to the department and law enforcement as permissive reporters, and steps employees
may take to prevent suspected financial exploitation and financial abuse of an older adult
or a vulnerable adult as authorized by law or agreements between the regulated entity and
customers of the regulated entity.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin An employee of a regulated entity who has contact with
customers and access to account information must receive training developed pursuant to
subdivision 1 on a regular basis.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 9.

new text begin [45A.06] RECORDS ACCESS.
new text end

new text begin (a) A regulated entity must provide access to or copies of records that are relevant to
suspected financial exploitation or financial abuse or attempted financial exploitation or
financial abuse of an older adult or a vulnerable adult to the department, law enforcement,
or the prosecuting attorney, either as part of a referral to the department, law enforcement,
or the prosecuting attorney, or upon request of the department, law enforcement, or the
prosecuting attorney pursuant to an investigation. The records may include historical
records as well as records relating to the most recent transaction or transactions that may
comprise financial exploitation or financial abuse.
new text end

new text begin (b) A regulated entity or employee of a regulated entity participating in good faith in
making a report or providing documentation or access to information to the department,
law enforcement, or the prosecuting attorney under this chapter is immune from criminal,
civil, or administrative liability.
new text end

Sec. 10.

new text begin [45A.07] IMMUNITY FROM LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Confidential communication privilege. new text end

new text begin Conduct conforming with
the reporting and testifying provisions of this chapter shall not be deemed a violation of
any confidential communication privilege.
new text end

new text begin Subd. 2. new text end

new text begin Reporting. new text end

new text begin A person participating in good faith in making a report under
this chapter or testifying about alleged financial exploitation or financial abuse of an older
adult or a vulnerable adult in a judicial or administrative proceeding under this chapter is
immune from liability resulting from the report or testimony. The making of permissive
reports as allowed in this chapter does not create any duty to report and no civil liability
attaches for a failure to make a permissive report as allowed under this chapter.
new text end

Sec. 11.

new text begin [45A.08] SENIOR TRUST FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The senior trust fund is created as a separate account in the
special revenue fund in the state treasury. The senior trust fund consists of money received
from assessments under subdivision 2, civil penalties recovered pursuant to section 45A.04,
and the supplemental civil penalties recovered pursuant to section 325F.71, subdivision 2.
Money in the account is appropriated to the commissioner for the purposes of this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Assessments. new text end

new text begin Each insurer admitted to transact life insurance shall remit
an assessment to the commissioner for deposit in the senior trust fund on or before July 1
of each year. The total annual assessment for the insurer equals the sum of an individual
assessment of one dollar on each individual life or annuity contract issued or renewed
by that insurer in the prior calendar year.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective July 1, 2015,
and also applies to calendar year 2014 assessments, which must be remitted to the
commissioner within 90 days of the date of final enactment of this section.
new text end

Sec. 12.

Minnesota Statutes 2014, section 115C.09, subdivision 1, is amended to read:


Subdivision 1.

Reimbursable costs.

(a) The board shall provide reimbursement to
eligible applicants for reimbursable costs.

(b) The following costs are reimbursable for purposes of this chapter:

(1) corrective action costs incurred by the applicant and documented in a form
prescribed by the board, deleted text beginexceptdeleted text endnew text begin includingnew text end the costs related to the physical removal of a
tanknew text begin when the removal was requested or ordered by the commissioner as necessary for
corrective action under this chapter
new text end;

(2) costs that the responsible person is legally obligated to pay as damages to third
parties for bodily injury, property damage, or corrective action costs incurred by a third
party caused by a release where the responsible person's liability for the costs has been
established by a court order or court-approved settlement; and

(3) up to 180 days of interest costs associated with the financing of corrective action
and incurred by the applicant in a written extension of credit or loan that has been signed by
the applicant and executed after July 1, 2002, provided that the applicant documents that:

(i) the interest costs are incurred as a result of an extension of credit or loan from a
financial institution; and

(ii) the board has not considered the application within the applicable time frame
specified in subdivision 2a, paragraph (c).

Interest costs meeting the requirements of this clause are eligible only when they are
incurred between the date a complete initial application is received by the board, or the
date a complete supplemental application is received by the board, and the date that the
board first notifies the applicant of its reimbursement determination. An application is
complete when the information reasonably required or requested by the board's staff
from the applicant has been received by the board's staff. Interest costs are not eligible
for reimbursement to the extent they exceed two percentage points above the adjusted
prime rate charged by banks, as defined in section 270C.40, subdivision 5, at the time the
extension of credit or loan was executed.

(c) A cost for liability to a third party is incurred by the responsible person when an
order or court-approved settlement is entered that sets forth the specific costs attributed
to the liability. Except as provided in this paragraph, reimbursement may not be made
for costs of liability to third parties until all eligible corrective action costs have been
reimbursed. If a corrective action is expected to continue in operation for more than one
year after it has been fully constructed or installed, the board may estimate the future
expense of completing the corrective action and, after subtracting this estimate from the
total reimbursement available under subdivision 3, reimburse the costs for liability to third
parties. The total reimbursement may not exceed the limit set forth in subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015, and applies to
applications for reimbursement pending or received on or after that date, including those
that include tank removal costs previously denied payment by the board.
new text end

Sec. 13.

Minnesota Statutes 2014, section 216B.62, subdivision 2, is amended to read:


Subd. 2.

Assessing specific utility.

Whenever the commission or department, in a
proceeding upon its own motion, on complaint, or upon an application to it, shall deem it
necessary, in order to carry out the duties imposed under this chapter (1) to investigate the
books, accounts, practices, and activities of, or make appraisals of the property of, any
public utility, (2) to render any engineering or accounting services to any public utility, or
(3) to intervene before an energy regulatory agency, the public utility shall pay the expenses
reasonably attributable to the investigation, appraisal, service, or intervention. The
commission and department shall ascertain the expenses, and the department shall render
a bill therefor to the public utility, either at the conclusion of the investigation, appraisal,
or services, or from time to time during its progress, which bill shall constitute notice of
the assessment and a demand for payment. The amount of the bills so rendered by the
department shall be paid by the public utility into the state treasury within 30 days from the
date of rendition. The total amount, in any one calendar year, for which any public utility
shall become liable, by reason of costs incurred by the commission within that calendar
year, shall not exceed two-fifths of one percent of the gross operating revenue from retail
sales of gas, or electric service by the public utility within the state in the last preceding
calendar year. Where, pursuant to this subdivision, costs are incurred within any calendar
year which are in excess of two-fifths of one percent of the gross operating revenues, the
excess costs shall not be chargeable as part of the remainder under subdivision 3, but shall
be paid out of the general appropriation new text beginor special revenue fund new text endto the department and
commission. In the case of public utilities offering more than one public utility service
only the gross operating revenues from the public utility service in connection with which
the investigation is being conducted shall be considered when determining this limitation.

Sec. 14.

Minnesota Statutes 2014, section 216B.62, subdivision 3b, is amended to read:


Subd. 3b.

Assessment for department regional and national duties.

In addition
to other assessments in subdivision 3, the department may assess up to $1,000,000 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. deleted text beginThis subdivision expires June 30, 2015.
deleted text end

Sec. 15.

Minnesota Statutes 2014, section 216B.62, is amended by adding a
subdivision to read:


new text begin Subd. 9. new text end

new text begin Utility assessment account; appropriation. new text end

new text begin The utility assessment
account is created as a separate account in the special revenue fund in the state treasury.
Funds received by the department for the assessment of costs related to the energy
planning and advocacy unit under subdivisions 2 and 3 shall be deposited into this
account and are annually appropriated to the commissioner of commerce. Earnings,
such as interest, dividends, and any other earnings arising from account assets, must be
credited to the account. Assessments dated June 1, 2015, or later will be paid into the
utility assessment account.
new text end

Sec. 16.

Minnesota Statutes 2014, section 325F.71, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For the purposes of this section, the following words
have the meanings given them:

(a) deleted text begin"Senior citizen"deleted text endnew text begin "Older adult"new text end means a person who is deleted text begin62deleted text endnew text begin 60new text end years of age or older.

(b) "Disabled person" means a person who has an impairment of physical or mental
function or emotional status that substantially limits one or more major life activities.

(c) "Major life activities" means functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

new text begin (d) "Vulnerable adult" has the meaning given in section 626.5572, subdivision 21.
new text end

Sec. 17.

Minnesota Statutes 2014, section 325F.71, subdivision 2, is amended to read:


Subd. 2.

Supplemental civil penalty.

(a) In addition to any liability for a civil
penalty pursuant to sections 325D.43 to 325D.48, regarding deceptive trade practices;
325F.67, regarding false advertising; and 325F.68 to 325F.70, regarding consumer fraud; a
person who engages in any conduct prohibited by those statutes, and whose conduct is
perpetrated against one or more deleted text beginsenior citizensdeleted text endnew text begin older adults, vulnerable adults,new text end or disabled
persons, is liable for an additional civil penalty not to exceed $10,000 for each violation,
if one or more of the factors in paragraph (b) are present.

(b) In determining whether to impose a civil penalty pursuant to paragraph (a), and
the amount of the penalty, the court shall consider, in addition to other appropriate factors,
the extent to which one or more of the following factors are present:

(1) whether the defendant knew or should have known that the defendant's conduct
was directed to one or more deleted text beginsenior citizensdeleted text endnew text begin older adults, vulnerable adults,new text end or disabled
persons;

(2) whether the defendant's conduct caused deleted text beginsenior citizensdeleted text endnew text begin older adults, vulnerable
adults,
new text end or disabled persons to suffer: loss or encumbrance of a primary residence, principal
employment, or source of income; substantial loss of property set aside for retirement or
for personal or family care and maintenance; substantial loss of payments received under a
pension or retirement plan or a government benefits program; or assets essential to the
health or welfare of the deleted text beginsenior citizendeleted text endnew text begin older adult, vulnerable adult,new text end or disabled person;

(3) whether one or more deleted text beginsenior citizensdeleted text endnew text begin older adults, vulnerable adults,new text end or disabled
persons are more vulnerable to the defendant's conduct than other members of the public
because of age, poor health or infirmity, impaired understanding, restricted mobility, or
disability, and actually suffered physical, emotional, or economic damage resulting from
the defendant's conduct; or

(4) whether the defendant's conduct caused deleted text beginsenior citizensdeleted text endnew text begin older adults, vulnerable
adults,
new text end or disabled persons to make an uncompensated asset transfer that resulted in the
person being found ineligible for medical assistance.

new text begin (c) A supplemental civil penalty paid pursuant to this subdivision must be deposited
in the state treasury and credited to the senior trust fund under section 45A.08.
new text end

Sec. 18.

Minnesota Statutes 2014, section 609.2335, subdivision 1, is amended to read:


Subdivision 1.

Crime.

Whoever does any of the following acts commits the crime
of financial exploitation:

(1) in breach of a fiduciary obligation recognized elsewhere in law, including
pertinent regulations, contractual obligations, documented consent by a competent person,
or the obligations of a responsible party under section 144.6501 intentionally:

(i) fails to use the real or personal property or other financial resources of the
vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct, or
supervision for the new text beginolder adult or new text endvulnerable adult;

(ii) uses, manages, or takes either temporarily or permanently the real or personal
property or other financial resources of the new text beginolder adult or new text endvulnerable adult, whether held in
the name of the new text beginolder adult, new text endvulnerable adultnew text begin,new text end or a third party, for the benefit of someone
other than the new text beginolder adult or new text endvulnerable adult; or

(iii) deprives either temporarily or permanently new text beginan older adult or new text enda vulnerable
adult of the new text beginolder adult's or new text endvulnerable adult's real or personal property or other financial
resources, whether held in the name of the new text beginolder adult, new text endvulnerable adultnew text begin,new text end or a third party,
for the benefit of someone other than the new text beginolder adult or new text endvulnerable adult; or

(2) in the absence of legal authority:

(i) acquires possession or control of an interest in real or personal property or other
financial resources of deleted text beginadeleted text endnew text begin an older adult or anew text end vulnerable adult, whether held in the name of
the new text beginolder adult, new text endvulnerable adultnew text begin,new text end or a third party, through the use of undue influence,
harassment, or duress;

(ii) forces, compels, coerces, or entices deleted text beginadeleted text endnew text begin an older adult or anew text end vulnerable adult against
the new text beginolder adult or new text endvulnerable adult's will to perform services for the profit or advantage
of another; or

(iii) establishes a relationship with a fiduciary obligation to deleted text beginadeleted text endnew text begin an older adult or
a
new text end vulnerable adult by use of undue influence, harassment, duress, force, compulsion,
coercion, or other enticement.

Sec. 19.

Minnesota Statutes 2014, section 609.2335, subdivision 2, is amended to read:


Subd. 2.

Defenses.

(a) Nothing in this section requires a facility or caregiver to
provide financial management or supervise financial management for deleted text beginadeleted text endnew text begin an older adult or anew text end
vulnerable adult except as otherwise required by law.

(b) If the actor knew or had reason to know that the new text beginolder adult or new text endvulnerable adult
lacked capacity to consent, consent is not a defense to a violation of this section.