HF 2900

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/03/2022 04:32pm

A bill for an act
relating to economic development; authorizing payments for frontline workers
whose work put them at risk of contracting COVID-19 during peacetime
emergency; classifying data; requiring a report; appropriating money.

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

Section 1. FRONTLINE WORKER PAYMENTS; PUBLIC PURPOSE.

This act is intended to provide payments to frontline workers whose work put them at
risk of contracting COVID-19 during the peacetime emergency declared by the governor
in Executive Order 20-01. The legislature finds that payments under this section specifically,
and under the premium pay provisions of the American Rescue Plan Act of 2021 generally,
have a public purpose and benefit the people of Minnesota by:

(1) responding to the extraordinary circumstances of the COVID-19 pandemic which
resulted in the peacetime emergency; and

(2) compensating workers for working in conditions that, in many cases, exceeded what
was originally contemplated in their employment agreement to ensure our state was able to
continue functioning during the pandemic.

Sec. 2. FRONTLINE WORKER PAYMENTS.

Subdivision 1.

Program established; payments authorized.

To the extent feasible, the
commissioner of revenue, in coordination with the commissioners of labor and industry and
employment and economic development, must make payments to eligible frontline workers
as provided in this section.

Subd. 2.

Frontline sector defined.

"Frontline sector" means the following sectors:

(1) long-term care and home care;

(2) health care, excluding physicians;

(3) emergency responders;

(4) public health, social service, and regulatory service;

(5) courts and corrections;

(6) child care;

(7) public schools, including charter schools, state schools, and higher education;

(8) food service, including production, processing, preparation, sale, and delivery;

(9) retail, including sales, fulfillment, distribution, and delivery;

(10) temporary shelters and hotels;

(11) building services, including maintenance, janitorial, and security;

(12) public transit;

(13) ground and air transportation services;

(14) manufacturing; and

(15) vocational rehabilitation.

Subd. 3.

Eligible frontline workers.

(a) An individual is eligible to receive a payment
under this section if the individual:

(1) was employed for at least 120 hours in Minnesota in one or more frontline sectors
during the time period beginning March 15, 2020, and ending June 30, 2021; and

(2) for the hours worked under clause (1), was not able to telework due to the nature of
the individual's work and worked in close proximity to individuals outside of the individual's
household;

(3) meets the income requirement in paragraph (b); and

(4) did not collect unemployment insurance benefits for more than 20 weeks on a
cumulative basis during the time period beginning March 15, 2020, and ending June 30,
2021.

(b) To qualify for a payment, an individual's adjusted gross income, as defined in section
62 of the Internal Revenue Code, must be less than the following amounts for at least one
of the taxable years beginning after December 31, 2019, and before January 1, 2022:

(1) for an individual who was employed in an occupation with direct COVID-19 patient
care responsibilities, $250,000 for a married taxpayer filing a joint return and $150,000 for
all other filers; or

(2) for all other individuals, $185,000 for a married taxpayer filing a joint return and
$85,000 for all other filers.

Subd. 4.

Application; verification of eligibility.

(a) To qualify for a payment under
this section, an individual must apply to the commissioner of labor and industry in the form
and manner specified by the commissioner. As part of the application, an individual must
certify to the commissioner of labor and industry that the individual meets the eligibility
requirements in subdivision 3.

(b) As soon as practicable after final enactment of this act, the commissioner of labor
and industry must establish a process for accepting applications for payments under this
section and begin accepting applications. The commissioner must not accept an application
submitted more than 45 days after opening the application period.

(c) The commissioner of labor and industry must assist applicants in submitting an
application under this section, including but not limited to:

(1) establishing a multilingual temporary help line for applicants; and

(2) offering multilingual applications and multilingual instructions.

(d) To the extent possible, the commissioners of revenue, employment and economic
development, and labor and industry must verify applicant eligibility for a payment under
this section. If the commissioners lack the information to verify an applicant's eligibility in
a timely fashion, the commissioner of labor and industry must accept the applicant's
self-certification of eligibility in the absence of contrary information.

(e) An applicant for a payment under this section may appeal a denial of eligibility under
this subdivision to the commissioner of labor and industry within 15 days of notice of denial.
The commissioner of labor and industry's decision on an appeal is final.

(f) The commissioner of labor and industry may contract with a third party to implement
part or all of the application process and assistance required under this subdivision.

Subd. 5.

Eligibility; payments.

(a) After the deadline for applications under subdivision
4 has elapsed, the commissioner of revenue must determine the payment amount based on
available appropriations and the number of applications received from eligible frontline
workers. The payment amount must be the same for each eligible frontline worker, and
must not exceed $1,500.

(b) As soon as practicable, the commissioner of revenue must make payments of the
amount determined under paragraph (a) to all eligible frontline workers who applied in
accordance with subdivision 4.

(c) If the full appropriation for payments is not expended after the initial round of
payments under paragraphs (a) and (b), the commissioner of labor and industry must reopen
the application period and allow eligible frontline workers who have not received a payment
to apply for a payment. The commissioner of revenue must make payments of $1,500 for
all eligible frontline workers who apply under this paragraph, until the full appropriation is
expended.

(d) The commissioner of revenue may contract with a third party to implement part or
all of the payment process required under this subdivision.

Subd. 6.

Data practices.

(a) Data collected or created by the commissioner because an
individual has sought information about, applied for, been denied, or received a payment
under this section are classified as private data on individuals or nonpublic data, as defined
in Minnesota Statutes, section 13.02, subdivisions 9 and 12.

(b) Data classified as private data on individuals or nonpublic data, including return
information, as defined in Minnesota Statutes, section 270B.01, subdivision 3, may be
shared or disclosed between the commissioners of revenue, employment and economic
development, and labor and industry, and any third-party vendor contracted with under
subdivision 4, to the extent necessary to verify eligibility and administer payments under
this section.

Subd. 7.

Notice requirement.

(a) No later than 15 days after the application period is
opened under subdivision 4, employers in a frontline sector must provide notice, in a form
approved by the commissioner of labor and industry, advising all workers who may be
eligible for payments under this section of the assistance potentially available to them and
how to apply for benefits. An employer must provide notice using the same means the
employer uses to provide other work-related notices to employees.

(b) Notice provided under paragraph (a) must be at least as conspicuous as:

(1) posting a copy of the notice at each work site where workers work and where the
notice may be readily observed and reviewed by all workers working at the site; or

(2) providing a paper or electronic copy of the notice to all workers.

(c) The commissioner of labor and industry may exercise the commissioner of labor and
industry's authority under Minnesota Statutes, section 177.27, subdivision 7, to enforce the
notice requirement in this subdivision.

Subd. 8.

Payments not to be considered income.

(a) For the purposes of this subdivision,
"subtraction" has the meaning given in Minnesota Statutes, section 290.0132, subdivision
1, and the rules in that subdivision apply for this subdivision.

(b) The amount of frontline worker payments received under this section is a subtraction.

(c) Frontline worker payments under this section are excluded from income, as defined
in Minnesota Statutes, sections 290.0674, subdivision 2a, and 290A.03, subdivision 3,
paragraph (b).

(d) Notwithstanding any law to the contrary, payments under this section must not be
considered income for purposes of determining eligibility or recertifying eligibility for:

(1) child care assistance programs under Minnesota Statutes, chapter 119B;

(2) medical assistance under Minnesota Statutes, chapter 256B;

(3) general assistance, Minnesota supplemental aid, and food support under Minnesota
Statutes, chapter 256D;

(4) housing support under Minnesota Statutes, chapter 256I;

(5) Minnesota family investment program and diversionary work program under
Minnesota Statutes, chapter 256J; and

(6) MinnesotaCare under Minnesota Statutes, chapter 256L.

Subd. 9.

Report.

No later than 45 days following the end of the application period under
subdivision 4, the commissioners of revenue and labor and industry shall report to the
legislative committees with jurisdiction over economic development policy and finance
about the program established under this section. The report must include:

(1) the number of eligible frontline workers who applied, including the number in each
sector and county, and the payment each worker received;

(2) if the initial payment to frontline workers under subdivision 5 was less than $1,500,
the additional appropriation needed to provide an additional payment equal to the difference
between $1,500 and the payment amount under subdivision 5; and

(3) the number of applications that were denied and the reasons for denial.

Subd. 10.

Procurement.

The commissioners of labor and industry and revenue are
exempt from the requirements of Minnesota Statutes, chapters 16A, 16B, 16C, and 16E,
and any other state procurement laws and procedures in administering the program under
this section.

Subd. 11.

Appropriations.

(a) $1,000,000,000 in fiscal year 2022 is appropriated from
the general fund to the commissioner of revenue for payments under this section. This is a
onetime appropriation.

(b) $....... in fiscal year 2022 is appropriated from the general fund to the commissioner
of revenue to administer the program under this section.

(c) $....... in fiscal year 2022 is appropriated from the general fund to the commissioner
of labor and industry to administer the program under this section and engage in multilingual
outreach and public education about the availability of payments under this section.

(d) $....... in fiscal year 2022 is appropriated from the general fund to the commissioner
of labor and industry for a grant to ....... to promote the availability of payments under this
section to frontline workers, which may include subcontracts with other community
organizations with experience with frontline workers. Up to five percent of the total of any
subcontracts may be used for contract administration.

EFFECTIVE DATE.

(a) Unless otherwise specified, this section is effective the day
following final enactment.

(b) Subdivision 8, paragraphs (a), (b), and (c), are effective for taxable years in which
a taxpayer received a frontline worker payment. Subdivision 8, paragraph (d), is effective
the day following final enactment, except for a program for which federal approval is
required, changes affecting the program are effective upon federal approval.