2006 Minnesota Statutes

116J.8731 MINNESOTA INVESTMENT FUND.
    Subdivision 1. Purpose. The Minnesota investment fund is created to provide financial
assistance, through partnership with communities, for the creation of new employment or to
maintain existing employment, and for business start-up, expansions, and retention. It shall
accomplish these goals by the following means:
(1) creation or retention of permanent private-sector jobs in order to create above-average
economic growth consistent with environmental protection, which includes investments in
technology and equipment that increase productivity and provide for a higher wage;
(2) stimulation or leverage of private investment to ensure economic renewal and
competitiveness;
(3) increasing the local tax base, based on demonstrated measurable outcomes, to guarantee
a diversified industry mix;
(4) improving the quality of existing jobs, based on increases in wages or improvements in
the job duties, training, or education associated with those jobs;
(5) improvement of employment and economic opportunity for citizens in the region to
create a reasonable standard of living, consistent with federal and state guidelines on low-
to moderate-income persons; and
(6) stimulation of productivity growth through improved manufacturing or new technologies,
including cold weather testing.
    Subd. 2. Administration. The commissioner shall administer the fund as part of the Small
Cities Development Block Grant Program. Funds shall be made available to local communities
and recognized Indian tribal governments in accordance with the rules adopted for economic
development grants in the small cities community development block grant program, except that
all units of general purpose local government are eligible applicants for Minnesota investment
funds. A home rule charter or statutory city, county, or town may loan or grant money received
from repayment of funds awarded under this section to a regional development commission,
other regional entity, or statewide community capital fund as determined by the commissioner,
to capitalize or to provide the local match required for capitalization of a regional or statewide
revolving loan fund.
    Subd. 3. Eligible expenditures. The money appropriated for this section may be used to
provide grants for infrastructure, loans, loan guarantees, interest buy-downs, and other forms of
participation with private sources of financing, provided that a loan to a private enterprise must
be for a principal amount not to exceed one-half of the cost of the project for which financing
is sought.
    Subd. 4. Eligible projects. Assistance must be evaluated on the existence of the following
conditions:
(1) creation of new jobs, retention of existing jobs, or improvements in the quality of existing
jobs as measured by the wages, skills, or education associated with those jobs;
(2) increase in the tax base;
(3) the project can demonstrate that investment of public dollars induces private funds;
(4) the project can demonstrate an excessive public infrastructure or improvement cost
beyond the means of the affected community and private participants in the project;
(5) the project provides higher wage levels to the community or will add value to current
workforce skills;
(6) whether assistance is necessary to retain existing business; and
(7) whether assistance is necessary to attract out-of-state business.
A grant or loan cannot be made based solely on a finding that the conditions in clause (6) or
(7) exist. A finding must be made that a condition in clause (1), (2), (3), (4), or (5) also exists.
Applications recommended for funding shall be submitted to the commissioner.
    Subd. 5. Grant limits. A Minnesota investment fund grant may not be approved for an
amount in excess of $1,000,000. This limit covers all money paid to complete the same project,
whether paid to one or more grant recipients and whether paid in one or more fiscal years. A
local community or recognized Indian tribal government may retain 20 percent, but not more
than $100,000 of a Minnesota investment fund grant when it is repaid to the local community or
recognized Indian tribal government by the person or entity to which it was loaned by the local
community or Indian tribal government. Money repaid to the state must be credited to a Minnesota
investment revolving loan account in the state treasury. Funds in the account are appropriated to
the commissioner and must be used in the same manner as are funds appropriated to the Minnesota
investment fund. Funds repaid to the state through existing Minnesota investment fund agreements
must be credited to the Minnesota investment revolving loan account effective July 1, 2005. A
grant or loan may not be made to a person or entity for the operation or expansion of a casino or a
store which is used solely or principally for retail sales. Persons or entities receiving grants or
loans must pay each employee total compensation, including benefits not mandated by law, that on
an annualized basis is equal to at least 110 percent of the federal poverty level for a family of four.
    Subd. 6. Sports facility. A Minnesota investment fund grant or loan cannot be used for a
project related to a sports facility. For the purpose of this subdivision, "sports facility" means a
building that has a professional sports team as a principal tenant.
    Subd. 7. Contractual obligation. A business receiving Minnesota investment fund grants
must demonstrate why the grant is necessary for a project and enter into an agreement with the
local grantor. The agreement, among other things, must obligate the recipient to pay the minimum
compensation set by this section and meet job creation or job enhancement goals. A recipient that
breaches the agreement must repay the grant directly to the commissioner. Repayments under
this subdivision must be deposited in the Minnesota investment revolving loan account. If the
commissioner determines, during the repayment period of a Minnesota investment fund loan,
that the project for which the loan was made is in imminent danger of ceasing operations due
to financial difficulties, the commissioner may elect to delay loan payments due on the loan
for a period of no more than two years. In making a determination about whether a recipient
qualifies for possible delay in payments, the commissioner must consider all available information
regarding the health of the affected business and the industry in which it operates, the potential
for displacement of workers in the event that operations cease, and the likelihood that a delay of
payments will provide the business with a reasonable ability to improve its financial condition.
History: 1996 c 452 s 29; 2001 c 102 s 1; 1Sp2001 c 4 art 2 s 2; 2003 c 128 art 13 s 16-19;
1Sp2005 c 1 art 4 s 21