Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10821

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2018

 

_____________________

 

ONE HUNDRED FIRST DAY

 

Saint Paul, Minnesota, Saturday, May 19, 2018

 

 

      The House of Representatives convened at 1:00 p.m. and was called to order by Kurt Daudt, Speaker of the House.

 

      Prayer was offered by Representative Liz Olson, District 7B, Duluth, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Bahr, C.

Baker

Barr, R.

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

Metsa

Miller

Moran

Munson

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Applebaum; Becker-Finn; Hornstein; Johnson, S.; Kunesh-Podein and McDonald were excused.

 

      Backer; Murphy, E., and Slocum were excused until 11:30 p.m. 

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10822

REPORTS OF CHIEF CLERK

 

      S. F. No. 2565 and H. F. No. 4254, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      O'Neill moved that S. F. No. 2565 be substituted for H. F. No. 4254 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2651 and H. F. No. 3076, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Sandstede moved that S. F. No. 2651 be substituted for H. F. No. 3076 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 2565 and 2651 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Koznick, Hausman, Albright, Bernardy, Smith and Anderson, S., introduced:

 

H. F. No. 4537, A bill for an act relating to transportation; requiring a report on transportation revenue sources and expenditures.

 

The bill was read for the first time and referred to the Committee on Transportation and Regional Governance Policy.

 

 

Schultz, Bernardy and Liebling introduced:

 

H. F. No. 4538, A bill for an act relating to transportation; amending a window glazing exception related to prescription or medical needs; amending Minnesota Statutes 2016, section 169.71, subdivision 4.

 

The bill was read for the first time and referred to the Committee on Transportation and Regional Governance Policy.

 

 

Davnie, Halverson and Bernardy introduced:

 

H. F. No. 4539, A bill for an act relating to driver's licenses; repealing certain driver licensing requirements related to diabetes mellitus; repealing Minnesota Rules, part 7410.2610, subparts 1, 2, 3, 3a, 5a, 5b, 6.

 

The bill was read for the first time and referred to the Committee on Transportation and Regional Governance Policy.


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Lee introduced:

 

H. F. No. 4540, A bill for an act relating to campaign finance; modifying definition of express advocacy; requiring certain disclosures in campaign advertisements; providing disclosures of electioneering communications; providing penalties; amending Minnesota Statutes 2016, sections 10A.01, subdivision 16a; 10A.022, subdivision 3; 10A.121, subdivision 1; 10A.17, subdivision 4; 10A.20, subdivision 5; 10A.244; 10A.34, subdivision 4; 211B.01, subdivisions 1, 2, by adding subdivisions; 211B.02; 211B.04, as amended; 211B.06, subdivision 1; 211B.20, subdivision 1; 211B.32, subdivision 4; 211B.35, subdivision 2; Minnesota Statutes 2017 Supplement, sections 10A.20, subdivision 3, as amended; 211B.11, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 10A; 211B.

 

The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.

 

 

      Peppin moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Albright.

 

 

      Davnie was excused between the hours of 1:25 p.m. and 11:30 p.m.

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker:

 

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

 

H. F. No. 3972, A bill for an act relating to liquor; clarifying provisions relating to brewing and winemaking on premises; modifying off-sale hours; authorizing licenses; amending Minnesota Statutes 2016, sections 340A.33; 340A.34; Minnesota Statutes 2017 Supplement, section 340A.504, subdivision 4.

 

The Senate has appointed as such committee:

 

Senators Dahms, Weber and Dibble.

 

Said House File is herewith returned to the House.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10824

CALENDAR FOR THE DAY

 

 

      S. F. No. 3463, A bill for an act relating to public safety; creating liability and vicarious liability for trespass to critical infrastructure; creating a crime for recruiting or educating individuals to trespass on or damage critical infrastructure; amending Minnesota Statutes 2016, section 609.6055, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 604.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 77 yeas and 46 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hoppe

Howe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

Marquart

Miller

Munson

Nash

Neu

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Dehn, R.

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hortman

Johnson, C.

Koegel

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Masin

Maye Quade

Metsa

Moran

Murphy, M.

Nelson

Olson

Omar

Pinto

Poppe

Pryor

Rosenthal

Sandstede

Sauke

Schultz

Sundin

Wagenius

Ward

Youakim


 

 

      The bill was passed and its title agreed to.

 

 

      Peppin moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Albright.


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10825

         Dehn, R., was excused between the hours of 11:30 p.m. and 12:15 a.m.

 

      Lillie was excused for the remainder of today's session.

 

 

      Pursuant to rule 1.50, Peppin moved that the House be allowed to continue in session after 12:00 midnight.  The motion prevailed.

 

 

      There being no objection, the order of business reverted to Messages from the Senate.

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

H. F. No. 3763, A bill for an act relating to economic development; limiting use of funds in the Douglas J. Johnson economic protection trust fund; amending Minnesota Statutes 2017 Supplement, section 298.292, subdivision 2.

 

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said House File is herewith returned to the House.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 3202, A bill for an act relating to health; adding a project to the hospital construction moratorium exception; changing provisions for the plan required for an exception to the hospital construction moratorium; amending Minnesota Statutes 2016, section 144.552; Minnesota Statutes 2017 Supplement, section 144.551, subdivision 1.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10826

CONCURRENCE AND REPASSAGE

 

      Schomacker moved that the House concur in the Senate amendments to H. F. No. 3202 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

      H. F. No. 3202, A bill for an act relating to health; adding a project to the hospital construction moratorium exception; imposing deadlines on the public interest review process; amending Minnesota Statutes 2016, section 144.552; Minnesota Statutes 2017 Supplement, section 144.551, subdivision 1.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 124 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Davnie

Dean, M.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Heintzeman

Hertaus

Hilstrom

Hoppe

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Layman

Lee

Lesch

Liebling

Lien

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

Metsa

Miller

Moran

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

Mr. Speaker:

 

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

S. F. No. 3310.

 

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said Senate File is herewith transmitted to the House.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10827

CONFERENCE COMMITTEE REPORT ON S. F. No. 3310

 

A bill for an act relating to human services; modifying provisions relating to child care licensing; amending Minnesota Statutes 2016, sections 245A.04, subdivision 9; 245A.05; 245A.06, subdivision 1; 245A.14, by adding a subdivision; 245A.152; Minnesota Statutes 2017 Supplement, sections 245A.07, subdivision 3; 245A.1434.

 

May 19, 2018

The Honorable Michelle L. Fischbach

President of the Senate

 

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 3310 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendments and that S. F. No. 3310 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 245A.04, subdivision 9, is amended to read:

 

Subd. 9.  Variances.  (a) The commissioner may grant variances to rules that do not affect the health or safety of persons in a licensed program if the following conditions are met:

 

(1) the variance must be requested by an applicant or license holder on a form and in a manner prescribed by the commissioner;

 

(2) the request for a variance must include the reasons that the applicant or license holder cannot comply with a requirement as stated in the rule and the alternative equivalent measures that the applicant or license holder will follow to comply with the intent of the rule; and

 

(3) the request must state the period of time for which the variance is requested.

 

The commissioner may grant a permanent variance when conditions under which the variance is requested do not affect the health or safety of persons being served by the licensed program, nor compromise the qualifications of staff to provide services.  The permanent variance shall expire as soon as the conditions that warranted the variance are modified in any way.  Any applicant or license holder must inform the commissioner of any changes or modifications that have occurred in the conditions that warranted the permanent variance.  Failure to advise the commissioner shall result in revocation of the permanent variance and may be cause for other sanctions under sections 245A.06 and 245A.07.

 

The commissioner's decision to grant or deny a variance request is final and not subject to appeal under the provisions of chapter 14.

 

(b) The commissioner shall consider variances for child care center staff qualification requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect the health and safety of children served by the center.  A variance request must be submitted to the commissioner in accordance with paragraph (a) and must include a plan for the staff person to gain additional experience, education, or training, as requested by the commissioner.  When reviewing a variance request under this section, the commissioner shall consider the staff person's level of professional development, including but not limited to steps completed on the Minnesota career lattice.


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10828

Sec. 2.  Minnesota Statutes 2016, section 245A.05, is amended to read:

 

245A.05 DENIAL OF APPLICATION.

 

(a) The commissioner may deny a license if an applicant or controlling individual:

 

(1) fails to submit a substantially complete application after receiving notice from the commissioner under section 245A.04, subdivision 1;

 

(2) fails to comply with applicable laws or rules;

 

(3) knowingly withholds relevant information from or gives false or misleading information to the commissioner in connection with an application for a license or during an investigation;

 

(4) has a disqualification that has not been set aside under section 245C.22 and no variance has been granted;

 

(5) has an individual living in the household who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted;

 

(6) is associated with an individual who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to children or vulnerable adults, and who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted; or

 

(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g).

 

(b) An applicant whose application has been denied by the commissioner must be given notice of the denial, which must state the reasons for the denial in plain language.  Notice must be given by certified mail or personal service.  The notice must state the reasons the application was denied and must inform the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.  The applicant may appeal the denial by notifying the commissioner in writing by certified mail or personal service.  If mailed, the appeal must be postmarked and sent to the commissioner within 20 calendar days after the applicant received the notice of denial.  If an appeal request is made by personal service, it must be received by the commissioner within 20 calendar days after the applicant received the notice of denial.  Section 245A.08 applies to hearings held to appeal the commissioner's denial of an application.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 3.  Minnesota Statutes 2016, section 245A.06, subdivision 1, is amended to read:

 

Subdivision 1.  Contents of correction orders and conditional licenses.  (a) If the commissioner finds that the applicant or license holder has failed to comply with an applicable law or rule and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the commissioner may issue a correction order and an order of conditional license to the applicant or license holder.  When issuing a conditional license, the commissioner shall consider the nature, chronicity, or severity of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons served by the program.  The correction order or conditional license must state the following in plain language:

 

(1) the conditions that constitute a violation of the law or rule;

 

(2) the specific law or rule violated;


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(3) the time allowed to correct each violation; and

 

(4) if a license is made conditional, the length and terms of the conditional license, and the reasons for making the license conditional.

 

(b) Nothing in this section prohibits the commissioner from proposing a sanction as specified in section 245A.07, prior to issuing a correction order or conditional license.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 4.  Minnesota Statutes 2017 Supplement, section 245A.07, subdivision 3, is amended to read:

 

Subd. 3.  License suspension, revocation, or fine.  (a) The commissioner may suspend or revoke a license, or impose a fine if:

 

(1) a license holder fails to comply fully with applicable laws or rules;

 

(2) a license holder, a controlling individual, or an individual living in the household where the licensed services are provided or is otherwise subject to a background study has a disqualification which has not been set aside under section 245C.22;

 

(3) a license holder knowingly withholds relevant information from or gives false or misleading information to the commissioner in connection with an application for a license, in connection with the background study status of an individual, during an investigation, or regarding compliance with applicable laws or rules; or

 

(4) after July 1, 2012, and upon request by the commissioner, a license holder fails to submit the information required of an applicant under section 245A.04, subdivision 1, paragraph (f) or (g).

 

A license holder who has had a license suspended, revoked, or has been ordered to pay a fine must be given notice of the action by certified mail or personal service.  If mailed, the notice must be mailed to the address shown on the application or the last known address of the license holder.  The notice must state in plain language the reasons the license was suspended, or revoked, or a fine was ordered.

 

(b) If the license was suspended or revoked, the notice must inform the license holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.  The license holder may appeal an order suspending or revoking a license.  The appeal of an order suspending or revoking a license must be made in writing by certified mail or personal service.  If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar days after the license holder receives notice that the license has been suspended or revoked.  If a request is made by personal service, it must be received by the commissioner within ten calendar days after the license holder received the order.  Except as provided in subdivision 2a, paragraph (c), if a license holder submits a timely appeal of an order suspending or revoking a license, the license holder may continue to operate the program as provided in section 245A.04, subdivision 7, paragraphs (g) and (h), until the commissioner issues a final order on the suspension or revocation.

 

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license holder of the responsibility for payment of fines and the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.  The appeal of an order to pay a fine must be made in writing by certified mail or personal service.  If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar days after the license holder receives notice that the fine has been ordered.  If a request is made by personal service, it must be received by the commissioner within ten calendar days after the license holder received the order.


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(2) The license holder shall pay the fines assessed on or before the payment date specified.  If the license holder fails to fully comply with the order, the commissioner may issue a second fine or suspend the license until the license holder complies.  If the license holder receives state funds, the state, county, or municipal agencies or departments responsible for administering the funds shall withhold payments and recover any payments made while the license is suspended for failure to pay a fine.  A timely appeal shall stay payment of the fine until the commissioner issues a final order.

 

(3) A license holder shall promptly notify the commissioner of human services, in writing, when a violation specified in the order to forfeit a fine is corrected.  If upon reinspection the commissioner determines that a violation has not been corrected as indicated by the order to forfeit a fine, the commissioner may issue a second fine.  The commissioner shall notify the license holder by certified mail or personal service that a second fine has been assessed.  The license holder may appeal the second fine as provided under this subdivision.

 

(4) Fines shall be assessed as follows:

 

(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a child under section 626.556 or the maltreatment of a vulnerable adult under section 626.557 for which the license holder is determined responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i), or 626.557, subdivision 9c, paragraph (c);

 

(ii) if the commissioner determines that a determination of maltreatment for which the license holder is responsible is the result of maltreatment that meets the definition of serious maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit $5,000;

 

(iii) for a program that operates out of the license holder's home and a program licensed under Minnesota Rules, parts 9502.0300 to 9502.0495, the fine assessed against the license holder shall not exceed $1,000 for each determination of maltreatment;

 

(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule governing matters of health, safety, or supervision, including but not limited to the provision of adequate staff-to-child or adult ratios, and failure to comply with background study requirements under chapter 245C; and

 

(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).

 

For purposes of this section, "occurrence" means each violation identified in the commissioner's fine order.  Fines assessed against a license holder that holds a license to provide home and community-based services, as identified in section 245D.03, subdivision 1, and a community residential setting or day services facility license under chapter 245D where the services are provided, may be assessed against both licenses for the same occurrence, but the combined amount of the fines shall not exceed the amount specified in this clause for that occurrence.

 

(5) When a fine has been assessed, the license holder may not avoid payment by closing, selling, or otherwise transferring the licensed program to a third party.  In such an event, the license holder will be personally liable for payment.  In the case of a corporation, each controlling individual is personally and jointly liable for payment.

 

(d) Except for background study violations involving the failure to comply with an order to immediately remove an individual or an order to provide continuous, direct supervision, the commissioner shall not issue a fine under paragraph (c) relating to a background study violation to a license holder who self-corrects a background study violation before the commissioner discovers the violation.  A license holder who has previously exercised the


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10831

provisions of this paragraph to avoid a fine for a background study violation may not avoid a fine for a subsequent background study violation unless at least 365 days have passed since the license holder self-corrected the earlier background study violation.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 5.  Minnesota Statutes 2016, section 245A.14, is amended by adding a subdivision to read:

 

Subd. 4a.  Specialized infant and toddler family child care.  A group family day care program licensed as a class D specialized infant and toddler group family day care under Minnesota Rules, part 9502.0367, may operate as a class B specialized infant and toddler family day care program on days when only one caregiver is present.

 

Sec. 6.  Minnesota Statutes 2017 Supplement, section 245A.1434, is amended to read:

 

245A.1434 INFORMATION FOR CHILD CARE LICENSE HOLDERS.

 

The commissioner shall inform family child care and child care center license holders on a timely basis of changes to state and federal statute, rule, regulation, and policy relating to the provision of licensed child care, the child care assistance program under chapter 119B, the quality rating and improvement system under section 124D.142, and child care licensing functions delegated to counties.  Communications under this section shall be in plain language and include information to promote license holder compliance with identified changes.  Communications under this section may be accomplished by electronic means and shall be made available to the public online.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 7.  Minnesota Statutes 2016, section 245A.152, is amended to read:

 

245A.152 CHILD CARE LICENSE HOLDER INSURANCE.

 

(a) A license holder must provide a written notice to all parents or guardians of all children to be accepted for care prior to admission stating whether the license holder has liability insurance.  This notice may be incorporated into and provided on the admission form used by the license holder.

 

(b) If the license holder has liability insurance:

 

(1) the license holder shall inform parents in writing that a current certificate of coverage for insurance is available for inspection to all parents or guardians of children receiving services and to all parents seeking services from the family child care program;

 

(2) the notice must provide the parent or guardian with the date of expiration or next renewal of the policy; and

 

(3) upon the expiration date of the policy or a change in coverage, the license holder must provide a new written notice informing all parents or guardians of children receiving services of the change and indicating whether the insurance policy has lapsed or whether the license holder has renewed the policy.

 

If the policy was renewed, the license holder must provide the new expiration date of the policy in writing to the parents or guardians.


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10832

If a license holder has a continuous insurance policy that renews each year, the license holder may indicate the policy's renewal date in the initial written notice to parents and guardians.  This initial written notice shall remain valid and no further notices are required until the insurance coverage changes or the policy lapses.

 

(c) If the license holder does not have liability insurance, the license holder must provide an annual notice, on a form developed and made available by the commissioner, to the parents or guardians of children in care indicating that the license holder does not carry liability insurance.

 

(d) The license holder must notify all parents and guardians in writing immediately of any change in insurance status.

 

(e) The license holder must make available upon request the certificate of liability insurance to the parents of children in care, to the commissioner, and to county licensing agents.

 

(f) The license holder must document, with the signature of the parent or guardian, that the parent or guardian received the notices required by this section.

 

Sec. 8.  Minnesota Statutes 2016, section 245A.16, subdivision 5, is amended to read:

 

Subd. 5.  Instruction and technical assistance.  (a) The commissioner shall provide instruction and technical assistance to county and private agencies that are subject to this section.  County and private agencies shall cooperate with the commissioner in carrying out this section by ensuring that affected employees participate in instruction and technical assistance provided by the commissioner.

 

(b) Within existing appropriations, the commissioner shall provide training to county and private licensing agencies that perform child care licensing functions on identifying and preventing fraud relating to provider reimbursement in the child care assistance program, by December 31, 2019.

 

Sec. 9.  Minnesota Statutes 2016, section 245A.16, is amended by adding a subdivision to read:

 

Subd. 8.  Notice of county recommendation.  The county or private agency shall provide written notice to the license holder when the agency recommends a licensing action to the commissioner under subdivision 2 or subdivision 3.  The written notice shall inform the license holder about the process for determining a licensing action and how the license holder will be notified of a licensing action determination.  The notice shall include the following:

 

(1) that the county or private agency made a recommendation to the commissioner to deny an application or suspend, revoke, or make conditional a license;

 

(2) that the commissioner will review the recommendation from the county or private agency and then determine if a licensing action will be issued;

 

(3) that the license holder will receive written notice from the commissioner indicating the reasons for the licensing action issued; and

 

(4) instructions on how to request reconsideration or appeal, if a licensing action is issued.

 

County or private agency recommendations under this section are classified as confidential data under Minnesota Statutes, chapter 13, and may only be disclosed as permitted by law.


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10833

Sec. 10.  DIRECTION TO COMMISSIONER; CHILD CARE LICENSING REFORM.

 

(a) By December 31, 2018, the commissioner shall:

 

(1) make enhancements to the department's licensing information lookup Web site that comply with federal requirements to make program-specific monitoring results available, including the date of inspections, any violations noted, and how the violation was addressed by the provider;

 

(2) provide each license holder with a printed copy of the posting guidelines for child care licensing information; and

 

(3) convene regional meetings with license holders and county licensing agencies to review the posting guidelines and the enhancements made to the department's licensing Web site and obtain feedback and recommendations for future enhancements to ensure accuracy and transparency for license holders and families using or seeking licensed child care.

 

(b) In the 2019 report to the legislature on the status of child care required under Minnesota Statutes, section 245A.153, the commissioner shall include the following:

 

(1) a description of the federal and state requirements and any guidelines established for the posting of child care licensing information and monitoring results;

 

(2) a summary of how the department is engaging licensed child care providers, county licensing agencies, and families seeking or using child care services to obtain feedback about the posting guidelines on the department's Web site;

 

(3) a summary of the administrative reform and actions identified by licensed child care providers through stakeholder meetings that could be implemented without statutory changes that would reduce the regulatory and administrative burden to license holders;

 

(4) a description of administrative reforms and actions the department has taken in the prior year or is in the process of implementing; and

 

(5) an evaluation of existing laws, models, and initiatives from other states that have implemented child care licensing reforms to reduce barriers and unnecessary administrative burdens for child care providers."

 

Delete the title and insert:

 

"A bill for an act relating to human services; modifying provisions relating to child care licensing; amending Minnesota Statutes 2016, sections 245A.04, subdivision 9; 245A.05; 245A.06, subdivision 1; 245A.14, by adding a subdivision; 245A.152; 245A.16, subdivision 5, by adding a subdivision; Minnesota Statutes 2017 Supplement, sections 245A.07, subdivision 3; 245A.1434."

 

 

We request the adoption of this report and repassage of the bill. 

 

Senate Conferees:  Bill Weber and Mary Kiffmeyer.

 

House Conferees:  Roz Peterson, Mary Franson and Duane Quam.


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10834

         Peterson moved that the report of the Conference Committee on S. F. No. 3310 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

      S. F. No. 3310, A bill for an act relating to human services; modifying provisions relating to child care licensing; amending Minnesota Statutes 2016, sections 245A.04, subdivision 9; 245A.05; 245A.06, subdivision 1; 245A.14, by adding a subdivision; 245A.152; Minnesota Statutes 2017 Supplement, sections 245A.07, subdivision 3; 245A.1434.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 125 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Davnie

Dean, M.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Layman

Lee

Lesch

Liebling

Lien

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

Metsa

Miller

Moran

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

      Slocum was excused for the remainder of today's session.

 

 

Mr. Speaker:

 

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

S. F. No. 3656.

 

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said Senate File is herewith transmitted to the House.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10835

CONFERENCE COMMITTEE REPORT ON S. F. No. 3656

 

A bill for an act relating to state government; appropriating money for agriculture, rural development, housing, state government, public safety, transportation, environment, natural resources, energy, jobs, economic development, higher education, prekindergarten through grade 12 education, health, and human services; modifying agriculture, rural development, and housing provisions; specifying conditions of legislative ratification of proposed collective bargaining agreements; requiring proposed changes to state employee group insurance to be submitted separately to Legislative Coordinating Commission; requiring certain information about collective bargaining agreements and compensation plans be submitted to Legislative Coordinating Commission; creating transition period for Legislative Budget Office to take responsibility for coordinating fiscal notes and local impact notes; establishing Legislative Budget Office Oversight Commission; modifying the effective date of certain provisions governing preparation of fiscal notes; abolishing Office of MN.IT Services; establishing division of information technology within Department of Administration; permitting agencies more flexibility in contracting for information technology projects; requiring agencies to determine impact of proposed rule on cost of residential construction or remodeling; requiring notice to applicable legislative committees; precluding adoption of residential construction rules having certain cost until after next legislative session; exempting hair braiders from cosmetology registration requirements; prohibiting exclusive representative from charging fair share fee to nonmembers; investigating possible registration or voting by ineligible voters and reporting to law enforcement; increasing penalties for child pornography offenses; requiring reports on court-imposed stays of sentence or adjudication for sex offenses; restricting grounds that permit reunification of parents and children after parent sexually abuses child; increasing maximum penalty for certain invasion of privacy crimes involving minors; requiring predatory offender registration for certain invasion of privacy crimes involving minors; requiring collection of information on connection between pornography and sex trafficking; expanding authorized prostitution penalty assessment to include additional crimes; expanding criminal sexual conduct offenses for persons in current or recent positions of authority over juveniles and for peace officers who engage in sexual activity with those in custody; extending sunset date for court technology fund; expanding list of prior offenses that support a conviction of first-degree driving while impaired; prohibiting Department of Human Rights from using federal funds to expand program; modifying various provisions governing transportation and public safety policy and finance; modifying certain loan programs; modifying energy provisions; modifying environment and natural resources provisions; adding to and deleting from state parks, recreation areas, and forests; modifying drainage law; creating accounts; providing for disposition of certain receipts; modifying renewable development account utility annual contribution; modifying solar energy incentive program; establishing pension rate base; establishing criteria for utility cost recovery of energy storage system pilot projects; establishing utility stakeholder group; requiring investor-owned utilities to include in integrated resource plans an assessment of energy storage systems; establishing solar energy grant program for school districts; extending expiration date for an assessment; requiring creation of an excavation notice system contact information database; requiring cost-benefit analysis of energy storage systems; modifying job training program requirements; limiting use of funds in Douglas J. Johnson economic protection trust fund; modifying youth skills training program; modifying accessibility requirements for public buildings; modifying fees for manufactured home installers; adopting recommendations of Workers' Compensation Advisory Council; adjusting basis for determining salary for judges of Workers' Compensation Court of Appeals; adopting recommendations of Unemployment Insurance Advisory Council; modifying certain higher education policy provisions; making clarifying and technical changes to loan forgiveness and research grant programs; providing for school safety, general education, education excellence, teachers, special education, facilities and technology, libraries, early education, and state agencies; making forecast adjustments; modifying provisions governing children and families, licensing, state-operated services, chemical and mental health, community supports and continuing care, and health care; modifying Department of Human Services administrative funds transfer; establishing Minnesota Health Policy Commission; repealing preferred incontinence program in medical assistance; increasing reimbursement rates for doula services; modifying telemedicine service limits; modifying EPSDT screening payments; modifying capitation payment delay; modifying provisions relating to wells and borings; adding security screening systems to ionizing radiation-producing equipment regulation; authorizing statewide tobacco cessation services; establishing an opioid reduction pilot program; establishing a low-value health services study; requiring coverage of 3D mammograms; requiring disclosure of facility fees;


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10836

establishing a step therapy override process; requiring the synchronization of prescription refills; prohibiting a health plan company from preventing a pharmacist from informing a patient of a price differential; converting allied health professionals to a birth month renewal cycle; modifying temporary license suspensions and background checks for health-related professions; requiring a prescriber to access the prescription monitoring program before prescribing certain controlled substances; authorizing the Board of Pharmacy to impose a fee from a prescriber or pharmacist accessing prescription monitoring data through a service offered by the board's vendor; requiring administrative changes at the Office of Health Facility Complaints; providing access to information and data sharing; making technical changes; requiring rulemaking; requiring reports; amending Minnesota Statutes 2016, sections 3.3005, subdivision 8; 3.855, subdivisions 1a, 2, by adding a subdivision; 10A.01, subdivision 35; 13.64, by adding a subdivision; 16A.103, subdivisions 1, 1b, by adding a subdivision; 16A.88, subdivision 2; 16A.97; 16E.01, subdivision 1; 16E.015, by adding a subdivision; 16E.016; 16E.02; 16E.055; 16E.14; 16E.18, subdivisions 4, 6; 16E.21, subdivision 3; 17.117, subdivisions 1, 4; 17.494; 17.4982, by adding subdivisions; 18.83, subdivision 7; 18C.425, subdivision 6; 18C.80, subdivision 2; 21.89, subdivision 2; 41A.16, subdivisions 1, 2; 41A.17, subdivision 1; 62A.30, by adding a subdivision; 62D.115, subdivision 4; 80E.13; 84.0895, subdivision 2; 84.86, subdivision 1; 86B.005, subdivision 8a; 86B.532, subdivision 1; 88.10, by adding a subdivision; 88.75, subdivision 1; 89.551; 92.50, by adding a subdivision; 94.10, subdivision 2; 97A.051, subdivision 2; 97A.433, subdivisions 4, 5; 97B.015, subdivision 6; 97B.1055; 97C.345, subdivision 3a; 103B.3369, subdivisions 5, 9; 103B.801, subdivisions 2, 5; 103E.021, subdivision 6; 103E.071; 103E.351, subdivision 1; 103F.361, subdivision 2; 103F.363, subdivision 1; 103F.365, by adding a subdivision; 103F.371; 103F.373, subdivisions 1, 3, 4; 103G.2242, subdivision 14; 103H.275, subdivision 1; 103I.205, subdivision 9; 103I.301, subdivision 6; 114D.15, subdivisions 7, 11, 13, by adding subdivisions; 114D.20, subdivisions 2, 3, 5, 7, by adding subdivisions; 114D.26; 114D.35, subdivisions 1, 3; 115.03, subdivision 5, by adding a subdivision; 115.035; 115A.51; 115A.94, subdivisions 2, 4a, 4b, 4c, 4d, 5, by adding subdivisions; 116.07, subdivision 2, by adding a subdivision; 116.155, subdivision 1, by adding a subdivision; 116.993, subdivisions 2, 6; 116J.8747, subdivisions 2, 4; 119B.011, subdivision 19, by adding a subdivision; 119B.02, subdivision 7; 119B.03, subdivision 9; 120A.20, subdivision 2; 122A.63, subdivisions 1, 4, 5, 6, by adding a subdivision; 123B.595, by adding a subdivision; 123B.61; 124D.09, subdivisions 4, 22; 124D.151, subdivisions 2, 3; 124E.20, subdivision 1; 125B.26, subdivision 4, by adding a subdivision; 126C.10, subdivisions 2e, 24; 126C.17, subdivisions 1, 2, 5, 6, 7, 7a; 126C.40, subdivision 1; 126C.44; 127A.70, subdivision 2; 135A.15, subdivision 2; 136A.15, subdivision 8; 136A.16, subdivisions 1, 2, 5, 8, 9; 136A.162; 136A.1701, subdivision 7; 136A.1791, subdivision 8; 136A.1795, subdivision 2; 136A.64, subdivision 1; 136A.822, subdivision 10; 136A.901, subdivision 1; 144.121, subdivision 1a, by adding a subdivision; 144A.53, subdivision 2; 147.012; 147.02, by adding a subdivision; 147A.06; 147A.07; 147B.02, subdivision 9, by adding a subdivision; 147C.15, subdivision 7, by adding a subdivision; 147D.17, subdivision 6, by adding a subdivision; 147D.27, by adding a subdivision; 147E.15, subdivision 5, by adding a subdivision; 147E.40, subdivision 1; 147F.07, subdivision 5, by adding subdivisions; 147F.17, subdivision 1; 148.7815, subdivision 1; 151.065, by adding a subdivision; 151.214; 151.71, by adding a subdivision; 152.126, subdivisions 6, 10; 155A.25, subdivision 1a; 155A.28, by adding a subdivision; 161.088, subdivision 2; 161.115, subdivision 111; 161.14, by adding subdivisions; 161.32, subdivision 2; 168.013, subdivision 6; 168.101, subdivision 2a; 168.127, subdivisions 4, 6; 168.27, by adding subdivisions; 168.301, subdivision 3; 168.326; 168.33, subdivision 8a, by adding a subdivision; 168.346, subdivision 1; 168A.05, by adding a subdivision; 168A.12, subdivision 2; 168A.151, subdivision 1; 168A.17, by adding a subdivision; 168A.29, subdivision 1; 169.011, subdivision 60; 169.14, subdivision 5; 169.18, subdivisions 10, 11, 12; 169.20, by adding a subdivision; 169.26, subdivision 1; 169.28; 169.29; 169.71, subdivision 4; 169.81, subdivision 5, by adding a subdivision; 169.8261, subdivision 2; 169.92, subdivision 4; 169.974, subdivision 2; 169A.24, subdivision 1; 171.041; 171.16, subdivisions 2, 3; 171.18, subdivision 1; 174.12, subdivision 8; 174.37, subdivision 6; 174.66; 175A.05; 176.231, subdivision 9; 179A.06, subdivision 3; 201.022, by adding subdivisions; 205A.07, subdivision 2; 214.075, subdivisions 1, 4, 5, 6; 214.077; 214.10, subdivision 8; 216B.16, by adding a subdivision; 216B.1641; 216B.1645, by adding a subdivision; 216B.2422, subdivision 1, by adding a subdivision; 216D.03, by adding a subdivision; 216G.01, subdivision 3; 221.031, subdivision 2d; 221.0314, subdivision 9; 221.036, subdivisions 1, 3; 221.122, subdivision 1; 221.161, subdivision 1, by adding a subdivision; 221.171, subdivision 1; 243.166, subdivision 1b; 244.052, subdivision 4; 245.4889, by adding a subdivision; 245A.175; 245C.14; 245C.15, by adding a subdivision; 245C.22, by adding a subdivision; 245C.24, by adding a subdivision; 245D.071, subdivision 5;


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10837

245D.091, subdivisions 2, 3, 4; 254A.035, subdivision 2; 254B.02, subdivision 1; 254B.06, subdivision 1; 256.01, subdivision 14b, by adding a subdivision; 256B.04, subdivision 14; 256B.0625, subdivision 58, by adding subdivisions; 256B.0659, subdivisions 3a, 11, 21, 24, 28, by adding a subdivision; 256B.0915, subdivision 6; 256B.092, subdivisions 1b, 1g; 256B.093, subdivision 1; 256B.4914, subdivision 4; 256I.04, by adding subdivisions; 256K.45, subdivision 2; 256M.41, subdivision 3, by adding a subdivision; 256N.24, by adding a subdivision; 260.012; 260.835, subdivision 2; 268.035, subdivisions 4, 12; 268.044, subdivisions 2, 3; 268.047, subdivision 3; 268.051, subdivisions 2a, 3; 268.053, subdivision 1; 268.057, subdivision 5; 268.059; 268.066; 268.067; 268.069, subdivision 1; 268.085, subdivisions 3, 3a; 268.095, subdivision 6a; 268.105, subdivision 6; 268.145, subdivision 1; 299A.01, by adding a subdivision; 299A.705; 299A.707, by adding a subdivision; 299A.785, subdivision 1; 326B.106, subdivision 9; 326B.815, subdivision 1; 327.31, by adding a subdivision; 327B.041; 327C.095, subdivisions 4, 6, 12, 13, by adding a subdivision; 349A.05; 357.021, subdivision 2b; 360.013, by adding a subdivision; 360.017, subdivision 1; 360.021, subdivision 1; 360.062; 360.063, subdivisions 1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066, subdivision 1; 360.067, by adding a subdivision; 360.071, subdivision 2; 360.305, subdivision 6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25, subdivision 3; 462.352, by adding a subdivision; 462.355, subdivision 1; 462.357, subdivision 9, by adding a subdivision; 462A.05, subdivision 14b; 462A.33, subdivisions 1, 2; 462A.37, subdivisions 1, 2; 473.13, by adding subdivisions; 473.149, subdivision 3; 473.3994, by adding a subdivision; 473.606, subdivision 5; 473.8441, subdivision 4; 474A.02, by adding subdivisions; 474A.03, subdivision 1; 474A.04, subdivision 1a; 474A.047, subdivision 2; 474A.061, subdivisions 1, 2a, 2b, 2c, 4, by adding subdivisions; 474A.062; 474A.091, subdivisions 1, 2, 3, 5, 6, by adding a subdivision; 474A.131, subdivisions 1, 1b, 2; 474A.14; 475.58, subdivision 4; 574.26, subdivision 1a; 609.3241; 609.341, subdivision 10; 609.342, subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1; 609.746, subdivision 1; 617.246, subdivisions 2, 3, 4, 7; 617.247, subdivisions 3, 4, 9; 626.556, by adding a subdivision; Minnesota Statutes 2017 Supplement, sections 3.8853, subdivisions 1, 2, by adding subdivisions; 3.972, subdivision 4; 3.98, subdivisions 1, 4; 15A.083, subdivision 7; 16A.152, subdivision 2; 16E.0466, subdivision 1; 18C.70, subdivision 5; 18C.71, subdivision 4; 84.01, subdivision 6; 84.925, subdivision 1; 84.9256, subdivision 1; 84D.03, subdivisions 3, 4; 84D.108, subdivisions 2b, 2c; 85.0146, subdivision 1; 89.17; 97A.075, subdivision 1; 103G.222, subdivision 3; 103G.2242, subdivision 1; 103I.005, subdivisions 2, 8a, 17a; 103I.205, subdivisions 1, 4; 103I.208, subdivision 1; 103I.235, subdivision 3; 103I.601, subdivision 4; 116.0714; 116C.779, subdivision 1; 116C.7792; 119B.011, subdivision 20; 119B.025, subdivision 1; 119B.06, subdivision 1; 119B.09, subdivision 1; 119B.095, subdivision 2; 119B.13, subdivision 1; 122A.187, by adding a subdivision; 123B.03, subdivision 1; 124D.151, subdivisions 5, 6; 124D.68, subdivision 2; 124E.03, subdivision 2; 136A.1275, subdivisions 2, 3; 136A.1789, subdivision 2; 136A.646; 136A.672, by adding a subdivision; 136A.822, subdivision 6; 136A.8295, by adding a subdivision; 147.01, subdivision 7; 147A.28; 147B.08; 147C.40; 152.105, subdivision 2; 161.088, subdivision 5; 168.013, subdivision 1a; 169.18, subdivision 7; 169.829, subdivision 4; 171.06, subdivision 2; 175.46, subdivision 13; 216B.1691, subdivision 2f; 216B.241, subdivision 1d; 216B.62, subdivision 3b; 245.4889, subdivision 1; 245A.03, subdivision 7; 245A.06, subdivision 8; 245A.11, subdivision 2a; 245C.16, subdivision 1; 245D.03, subdivision 1; 256B.0625, subdivisions 3b, 17; 256B.0911, subdivisions 1a, 3a, 3f, 5; 256B.49, subdivision 13; 256B.4914, subdivisions 2, 3, 5, 10, 10a; 256I.03, subdivision 8; 256I.04, subdivision 2b; 256I.05, subdivision 3; 268.035, subdivisions 15, 20; 268.046, subdivision 1; 268.07, subdivision 1; 268.085, subdivision 13a; 268.095, subdivision 6; 268.18, subdivisions 2b, 5; 298.2215; 298.292, subdivision 2; 364.09; 462A.2035, subdivisions 1, 1b; 473.4051, subdivision 2; 473.4485, subdivision 2; 475.59, subdivision 1; 477A.03, subdivision 2b; Laws 2010, chapter 361, article 4, section 78; Laws 2014, chapter 312, article 27, section 76; Laws 2015, First Special Session chapter 4, article 4, section 146, as amended; Laws 2016, chapter 189, article 3, sections 3, subdivision 5; 48; Laws 2017, chapter 88, article 1, section 2, subdivisions 2, 4; Laws 2017, chapter 89, article 1, section 2, subdivisions 18, 20, 29, 31, 32, 33, 34, 40; Laws 2017, chapter 94, article 1, sections 2, subdivisions 2, 3; 4, subdivision 5; 7, subdivision 7; 9; Laws 2017, First Special Session chapter 1, article 4, section 31; Laws 2017, First Special Session chapter 3, article 1, section 4, subdivisions 1, 2, 4; Laws 2017, First Special Session chapter 4, article 1, section 10, subdivision 1; article 2, sections 1; 3; 9; 58; Laws 2017, First Special Session chapter 5, article 1, section 19, subdivisions 2, 3, 4, 5, 6, 7, 9; article 2, sections 56; 57, subdivisions 2, 3, 4, 5, 6, 12, 21, 22, 23, 26, 34; article 4, section 12, subdivisions 2, as amended, 3, 4, 5; article 5, section 14, subdivisions 2, 3, 4; article 6, section 3, subdivisions 2, 3, 4; article 8, sections 9, subdivision 6; 10,


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10838

subdivisions 5a, 6, 12; article 9, section 2, subdivision 2; article 10, section 6, subdivision 2; article 11, sections 9, subdivision 2; 12; Laws 2017, First Special Session chapter 6, article 1, section 52; article 3, section 49; article 4, section 61; article 10, section 144; proposing coding for new law in Minnesota Statutes, chapters 3; 11A; 14; 16A; 17; 62J; 62Q; 97A; 103B; 103F; 115; 115B; 116C; 120B; 123B; 124D; 136A; 144; 147A; 147B; 147C; 147D; 147E; 147F; 161; 168A; 176; 216C; 246; 256B; 260C; 299A; 327; 349A; 360; 383A; 609; repealing Minnesota Statutes 2016, sections 16A.98; 16E.145; 122A.63, subdivisions 7, 8; 126C.16, subdivisions 1, 3; 126C.17, subdivision 9a; 136A.15, subdivisions 2, 7; 136A.1701, subdivision 12; 155A.28, subdivisions 1, 3, 4; 168.013, subdivision 21; 214.075, subdivision 8; 221.161, subdivisions 2, 3, 4; 256B.0625, subdivision 18b; 256B.0705; 268.053, subdivisions 4, 5; 349A.16; 360.063, subdivision 4; 360.065, subdivision 2; 360.066, subdivisions 1a, 1b; Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 31c; Laws 2008, chapter 368, article 1, section 21, subdivision 2; Laws 2016, chapter 189, article 25, section 62, subdivision 16; Laws 2017, First Special Session chapter 4, article 2, section 59; Minnesota Rules, part 5600.0605, subparts 5, 8.

 

May 19, 2018

The Honorable Michelle L. Fischbach

President of the Senate

 

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 3656 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendments and that S. F. No. 3656 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

 

Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2017, First Special Session chapter 4, article 1, 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 "2018" and "2019" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  LEGISLATURE

 

$.......

 

$90,000

 

$90,000 is from the general fund to the Legislative Coordinating Commission for rent payments for the Office of the Revisor of Statutes.  This is a onetime appropriation.


Journal of the House - 101st Day - Saturday, May 19, 2018 - Top of Page 10839

Sec. 3.  STATE AUDITOR

 

$.......

 

$(269,094)

 

This is a general reduction to office operations.  The auditor may not reduce operations or services related to public pensions.  This is a onetime reduction.

 

Sec. 4.  SECRETARY OF STATE

 

$.......

 

$1,534,000

 

(a) $1,534,000 is appropriated in fiscal year 2019 from the account established in Minnesota Statutes, section 5.30, pursuant to the Help America Vote Act, to the secretary of state for the purposes of modernizing, securing, and updating the statewide voter registration system and for cyber security upgrades as authorized by federal law.  This is a onetime appropriation and is available until June 30, 2022.

 

(b) $110,000 expended by the secretary of state in fiscal year 2018 for increasing secure access to the statewide voter registration system was money appropriated for carrying out the purposes authorized under the Omnibus Appropriations Act of 2018, Public Law 115-1410, and the Help America Vote Act of 2002, Public Law 107-252, section 101, and is deemed to be credited towards any match required by those laws.

 

Sec. 5.  MINNESOTA MANAGEMENT AND BUDGET

$129,094

 

$140,000

 

(a) $140,000 in fiscal year 2019 is from the general fund for grants to reimburse the documented litigation costs incurred by counties in defending the constitutionality of Minnesota Statutes, section 6.481, as enacted in Laws 2015, chapter 77, article 2, section 3, in Otto v. Wright County, et. al. (A16-1634).  The grants must be apportioned as follows:

 

(1) up to $70,000 is for a grant to Wright County; and

 

(2) up to $70,000 is for a grant to Becker County.

 

This is a onetime appropriation.  The commissioner must provide each grant upon certification of the final litigation costs incurred by the affected county, provided that the total grant must not exceed the amounts specified in this paragraph.

 

(b) Notwithstanding any provision of law to the contrary, $129,094 in fiscal year 2018 is from the general fund for a payment to the city of Austin, for both its 2016 fire state aid payment under Minnesota Statutes, section 69.021, subdivision 7, and its 2016 supplemental state aid payment under Minnesota Statutes, section 423A.022, upon certification by the city that the sum of the fire state aid and the supplemental state aid that the city transmitted to the Austin Parttime Firefighters Relief Association in calendar year 2015 to fund the volunteers firefighters' service pensions met or exceeded the amount required under the bylaws of that association.  Of these amounts:


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(1) $103,892 is for the fire state aid; and

 

(2) $25,202 is for the supplemental state aid.

 

This is a onetime appropriation.  The payment required by this paragraph must be provided no later than June 30, 2018.

 

Sec. 6.  EFFECTIVE DATE.

 

This article is effective the day following final enactment.

 

ARTICLE 2

STATE GOVERNMENT OPERATIONS

 

Section 1.  Minnesota Statutes 2016, section 3.855, is amended by adding a subdivision to read:

 

Subd. 5.  Information required.  The commissioner of management and budget must submit to the Legislative Coordinating Commission the following information with the submission of a collective bargaining agreement or compensation plan under subdivisions 2 and 3:

 

(1) for each agency and for each proposed agreement, a comparison of biennial compensation costs under the current agreement or plan to the projected biennial compensation costs under the proposed agreement or plan, paid with funds appropriated from the general fund;

 

(2) for each agency and for each proposed agreement and plan, a comparison of biennial compensation costs under the current agreement or plan to the projected compensation costs under the proposed agreement or plan, paid with funds appropriated from each fund other than the general fund;

 

(3) for each agency and for each proposed agreement and plan, an identification of the amount of the additional biennial compensation costs that are attributable to salary and wages and to the cost of nonsalary and nonwage benefits; and

 

(4) for each agency, for each of clauses (1) to (3), the impact of the aggregate of all agreements and plans being submitted to the commission.

 

Sec. 2.  [5.42] DISPLAY OF BUSINESS ADDRESS ON WEB SITE.

 

(a) A business entity may request in writing that all addresses submitted by the business entity to the secretary of state be omitted from display on the secretary of state's Web site.  A business entity may only request that all addresses be omitted from display if the entity certifies that:

 

(1) there is only one shareholder, member, manager, or owner of the business entity;

 

(2) the shareholder, manager, member, or owner is a natural person; and

 

(3) at least one of the addresses provided is the residential address of the sole shareholder, manager, member, or owner.

 

The secretary of state shall post a notice that this option is available and a link to the form needed to make a request on the secretary's Web site.  The secretary of state shall also attach a copy of the request form to all business filing forms provided in a paper format that require a business entity to submit an address.


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(b) This section does not change the classification of data under chapter 13 and addresses shall be made available to the public in response to requests made by telephone, mail, electronic mail, and facsimile transmission.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to business entity filings filed with the secretary of state on or after that date.

 

Sec. 3.  Minnesota Statutes 2017 Supplement, section 6.481, subdivision 3, is amended to read:

 

Subd. 3.  CPA firm audit.  (a) A county audit performed by a CPA firm must meet the standards and be in a form meeting recognized industry auditing standards.  The state auditor may require additional information from the CPA firm if the state auditor determines that is in the public interest, but the state auditor must accept the audit unless the state auditor determines the audit or its form does not meet recognized industry auditing standards.  The state auditor may make additional examinations as the auditor determines to be in the public interest.

 

(b) When the state auditor requires additional information from the CPA firm or makes additional examinations that the state auditor determines to be in the public interest, the state auditor must afford counties and CPA firms an opportunity to respond to potential findings, conclusions, or questions, as follows:

 

(1) at least 30 days before beginning a review for work performed by a certified public accountant firm licensed in chapter 326A, the state auditor must notify the county and CPA firm that the state auditor will be conducting a review and must identify the type and scope of review the state auditor will perform;

 

(2) throughout the state auditor's review, the auditor shall allow the county and the CPA firm at least 30 days to respond to any request by the auditor for documents or other information;

 

(3) the state auditor must provide the CPA firm with a draft report of the state auditor's findings at least 30 days before issuing a final report;

 

(4) at least 20 days before issuing a final report, the state auditor must hold a formal exit conference with the CPA firm to discuss the findings in the state auditor's draft report;

 

(5) the state auditor shall make changes to the draft report that are warranted as a result of information provided by the CPA firm during the state auditor's review; and

 

(6) the state auditor's final report must include any written responses provided by the CPA firm.

 

Sec. 4.  Minnesota Statutes 2016, section 13.072, subdivision 1, is amended to read:

 

Subdivision 1.  Opinion; when required.  (a) Upon request of a government entity or a member of the legislature, the commissioner may must give a written opinion on any question relating to public the requirements of this chapter, including questions about access to government data by a member of the public or another government entity, the rights of subjects of data, or the classification of data under this chapter or other Minnesota statutes governing government data practices.  Upon request of any person who disagrees with a determination regarding data practices made by a government entity, the commissioner may must give a written opinion regarding the person's rights as a subject of government data or right to have access to government data.

 

(b) Upon request of a body subject to chapter 13D or a member of the legislature, the commissioner may must give a written opinion on any question relating to the body's duties under requirements of chapter 13D.  Upon request of a person who disagrees with the manner in which members of a governing body perform their duties under chapter 13D, the commissioner may must give a written opinion on compliance with chapter 13D.  A


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governing body or person requesting an opinion under this paragraph must pay the commissioner a fee of $200.  Money received by the commissioner under this paragraph is appropriated to the commissioner for the purposes of this section.

 

(c) If the commissioner determines that no opinion will be issued, the commissioner shall give the government entity or body subject to chapter 13D or person requesting the opinion notice of the decision not to issue the opinion within five business days of receipt of the request.  If this notice is not given, the commissioner shall issue an opinion within 20 days of receipt of the request.

 

(d) (c) The commissioner shall issue an opinion under this subdivision within 20 days of receipt of the request.  For good cause and upon written notice to the person requesting the opinion, the commissioner may extend this deadline for one additional 30-day period.  The notice must state the reason for extending the deadline.  The government entity or the members of a body subject to this chapter or chapter 13D must be provided a reasonable opportunity to explain the reasons for its decision regarding the data or how they perform their duties under chapter 13D.  The commissioner or the government entity or body subject to chapter 13D may choose to give notice to the subject of the data concerning the dispute regarding the data or compliance with this chapter or chapter 13D.

 

(e) (d) This section does not apply to a determination made by the commissioner of health under section 13.3805, subdivision 1, paragraph (b), or 144.6581.

 

(f) (e) A written, numbered, and published opinion issued by the attorney general shall take precedence over an opinion issued by the commissioner under this section.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to requests for opinions submitted on or after that date.

 

Sec. 5.  Minnesota Statutes 2016, section 16A.013, is amended by adding a subdivision to read:

 

Subd. 1a.  Opportunity to make gifts via Web site.  The commissioner of management and budget must maintain a secure Web site which permits any person to make a gift of money electronically for any purpose authorized by subdivision 1.  Gifts made using the Web site are subject to all other requirements of this section, sections 16A.014 to 16A.016, and any other applicable law governing the receipt of gifts by the state and the purposes for which a gift may be used.  The Web site must include historical data on the total amount of gifts received using the site, itemized by month.

 

Sec. 6.  Minnesota Statutes 2017 Supplement, section 16A.152, subdivision 2, is amended to read:

 

Subd. 2.  Additional revenues; priority.  (a) If on the basis of a forecast of general fund revenues and expenditures, the commissioner of management and budget determines that there will be a positive unrestricted budgetary general fund balance at the close of the biennium, the commissioner of management and budget must allocate money to the following accounts and purposes in priority order:

 

(1) the cash flow account established in subdivision 1 until that account reaches $350,000,000;

 

(2) the budget reserve account established in subdivision 1a until that account reaches $1,596,522,000;

 

(3) the amount necessary to increase the aid payment schedule for school district aids and credits payments in section 127A.45 to not more than 90 percent rounded to the nearest tenth of a percent without exceeding the amount available and with any remaining funds deposited in the budget reserve; and


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(4) the amount necessary to restore all or a portion of the net aid reductions under section 127A.441 and to reduce the property tax revenue recognition shift under section 123B.75, subdivision 5, by the same amount; and.

 

(5) the clean water fund established in section 114D.50 until $22,000,000 has been transferred into the fund.

 

(b) The amounts necessary to meet the requirements of this section are appropriated from the general fund within two weeks after the forecast is released or, in the case of transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations schedules otherwise established in statute.

 

(c) The commissioner of management and budget shall certify the total dollar amount of the reductions under paragraph (a), clauses (3) and (4), to the commissioner of education.  The commissioner of education shall increase the aid payment percentage and reduce the property tax shift percentage by these amounts and apply those reductions to the current fiscal year and thereafter.

 

(d) Paragraph (a), clause (5), expires after the entire amount of the transfer has been made.

 

Sec. 7.  [16E.031] STATE AND LOCAL GOVERNMENT USER ACCEPTANCE TESTING.

 

(a) Any state agency implementing a new information technology business software application or new business software application functionality that significantly impacts the operations of local units of government must provide opportunities for local government representative involvement in user acceptance testing, unless the testing is deemed not feasible or necessary by the relevant agency commissioner, in consultation with representatives of local units of government and the chief information officer.

 

(b) The requirements in paragraph (a) only apply to new software applications and new software application functionality where local units of government will be primary users, as determined by the relevant agency head in consultation with representatives of local units of government and the chief information officer.  The requirements in paragraph (a) do not apply to routine software upgrades or application changes that are primarily intended to comply with federal law, rules, or regulations.

 

(c) School districts are not local units of government for the purposes of this section.

 

EFFECTIVE DATE.  This section is effective July 1, 2018, and applies to business software application projects initiated on or after that date.

 

Sec. 8.  Minnesota Statutes 2016, section 155A.25, subdivision 1a, is amended to read:

 

Subd. 1a.  Schedule.  (a) The schedule for fees and penalties is as provided in this subdivision.

 

(b) Three-year license fees are as follows:

 

(1) $195 initial practitioner, manager, or instructor license, divided as follows:

 

(i) $155 for each initial license; and

 

(ii) $40 for each initial license application fee;

 

(2) $115 renewal of practitioner license, divided as follows:

 

(i) $100 for each renewal license; and


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(ii) $15 for each renewal application fee;

 

(3) $145 renewal of manager or instructor license, divided as follows:

 

(i) $130 for each renewal license; and

 

(ii) $15 for each renewal application fee;

 

(4) $350 initial salon license, divided as follows:

 

(i) $250 for each initial license; and

 

(ii) $100 for each initial license application fee;

 

(5) $225 renewal of salon license, divided as follows:

 

(i) $175 for each renewal; and

 

(ii) $50 for each renewal application fee;

 

(6) $4,000 initial school license, divided as follows:

 

(i) $3,000 for each initial license; and

 

(ii) $1,000 for each initial license application fee; and

 

(7) $2,500 renewal of school license, divided as follows:

 

(i) $2,000 for each renewal; and

 

(ii) $500 for each renewal application fee.

 

(c) Penalties may be assessed in amounts up to the following:

 

(1) reinspection fee, $150;

 

(2) manager and owner with expired practitioner found on inspection, $150 each;

 

(3) expired practitioner or instructor found on inspection, $200;

 

(4) expired salon found on inspection, $500;

 

(5) expired school found on inspection, $1,000;

 

(6) failure to display current license, $100;

 

(7) failure to dispose of single-use equipment, implements, or materials as provided under section 155A.355, subdivision 1, $500;

 

(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355, subdivision 2, $500;


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(9) performing nail or cosmetology services in esthetician salon, or performing esthetician or cosmetology services in a nail salon, $500;

 

(10) owner and manager allowing an operator to work as an independent contractor, $200;

 

(11) operator working as an independent contractor, $100;

 

(12) refusal or failure to cooperate with an inspection, $500;

 

(13) practitioner late renewal fee, $45; and

 

(14) salon or school late renewal fee, $50.

 

(d) Administrative fees are as follows:

 

(1) homebound service permit, $50 three-year fee;

 

(2) name change, $20;

 

(3) certification of licensure, $30 each;

 

(4) duplicate license, $20;

 

(5) special event permit, $75 per year;

 

(6) registration of hair braiders, $20 per year;

 

(7) (6) $100 for each temporary military license for a cosmetologist, nail technician, esthetician, or advanced practice esthetician one-year fee;

 

(8) (7) expedited initial individual license, $150;

 

(9) (8) expedited initial salon license, $300;

 

(10) (9) instructor continuing education provider approval, $150 each year; and

 

(11) (10) practitioner continuing education provider approval, $150 each year.

 

Sec. 9.  Minnesota Statutes 2016, section 155A.28, is amended by adding a subdivision to read:

 

Subd. 5.  Hair braiders exempt.  The practice of hair braiding is exempt from the requirements of this chapter.

 

Sec. 10.  Minnesota Statutes 2016, section 201.022, is amended by adding a subdivision to read:

 

Subd. 4.  Voter records updated due to voting report.  No later than eight weeks after the election, the county auditor must use the statewide voter registration system to produce a report that identifies each voter whose record indicates that it was updated due to voting.  The county auditor must investigate each record that is challenged for a reason related to eligibility to determine if the voter appears to have been ineligible to vote.  If the county auditor determines that a voter appears to have been ineligible to vote and either registered to vote or voted in the previous election, the county auditor must notify the law enforcement agency or the county attorney as provided in section 201.275.


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Sec. 11.  Minnesota Statutes 2016, section 201.022, is amended by adding a subdivision to read:

 

Subd. 5.  Inactive voter report.  By November 6, 2018, the secretary of state must develop a report within the statewide voter registration system that provides information on inactive voters who registered on election day and were possibly ineligible.  For elections on or after November 6, 2018, no later than eight weeks after the election, the county auditor must use the statewide voter registration system to produce the report.  The county auditor must investigate each record to determine if the voter appears to have been ineligible to vote.  If the county auditor determines that a voter appears to have been ineligible to vote and registered to vote in the previous election, the county auditor must notify the law enforcement agency or the county attorney as provided in section 201.275.

 

Sec. 12.  Minnesota Statutes 2016, section 240.01, is amended by adding a subdivision to read:

 

Subd. 18a.  Racing or gaming-related vendor.  "Racing or gaming-related vendor" means any person or entity that manufactures, sells, provides, distributes, repairs, or maintains equipment or supplies used at a Class A facility or provides services to a Class A facility or Class B license holder that are directly related to the running of a horse race, simulcasting, pari-mutuel betting, or card playing.

 

Sec. 13.  Minnesota Statutes 2016, section 240.02, subdivision 6, is amended to read:

 

Subd. 6.  Annual report.  The commission shall on February 15 of each odd-numbered year submit a report to the governor and legislature on its activities, organizational structure, receipts and disbursements, and recommendations for changes in the laws relating to racing and pari-mutuel betting.

 

Sec. 14.  Minnesota Statutes 2016, section 240.08, subdivision 5, is amended to read:

 

Subd. 5.  Revocation and suspension.  (a) The commission may revoke a class C license for a violation of law or rule which in the commission's opinion adversely affects the integrity of horse racing in Minnesota, the public health, welfare, or safety, or for an intentional false statement made in a license application.

 

The commission may suspend a class C license for up to one year for a violation of law, order or rule.

 

The commission may delegate to its designated agents the authority to impose suspensions of class C licenses, and the revocation or suspension of a class C license may be appealed to the commission according to its rules.

 

(b) A license revocation or suspension If the commission revokes or suspends a license for more than 90 180 days is, in lieu of appealing to the commission under paragraph (a), the license holder has the right to request a contested case hearing under sections 14.57 to 14.69 of the Administrative Procedure Act and is in addition to criminal penalties imposed for a violation of law or rule. chapter 14.  The request must be made in writing to the commission by certified mail or personal service.  A request sent by certified mail must be postmarked within ten days after the license holder receives the revocation or suspension order from the commission.  A request sent by personal service must be received by the commission within ten days after the license holder receives the revocation or suspension order from the commission.  The commission may summarily suspend a license for more than up to 90 days prior to a contested case hearing where it is necessary to ensure the integrity of racing or to protect the public health, welfare, or safety.  The license holder may appeal a summary suspension by making a written request to the commission within five calendar days after the license holder receives notice of the summary suspension.  A contested case hearing must be held within 30 ten days of the commission's receipt of the request for appeal of a summary suspension and the administrative law judge's report must be issued within 30 days from the close of the hearing record.  In all cases involving summary suspension the commission must issue its final decision within 30 days from receipt of the report of the administrative law judge and subsequent exceptions and argument under section 14.61. to determine whether the license should remain suspended pending a final disciplinary action.


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Sec. 15.  Minnesota Statutes 2016, section 240.131, subdivision 7, is amended to read:

 

Subd. 7.  Payments to state.  (a) A regulatory fee is imposed at the rate of one percent of all amounts wagered by Minnesota residents with an authorized advance deposit wagering provider.  The fee shall be declared on a form prescribed by the commission.  The ADW provider must pay the fee to the commission no more than seven 15 days after the end of the month in which the wager was made.  Fees collected under this paragraph must be deposited in the state treasury and credited to a racing and card-playing regulation account in the special revenue fund and are appropriated to the commission to offset the costs associated with regulating horse racing and pari-mutuel wagering in Minnesota.

 

(b) A breeders fund fee is imposed in the amount of one-quarter of one percent of all amounts wagered by Minnesota residents with an authorized advance deposit wagering provider.  The fee shall be declared on a form prescribed by the commission.  The ADW provider must pay the fee to the commission no more than seven 15 days after the end of the month in which the wager was made.  Fees collected under this paragraph must be deposited in the state treasury and credited to a racing and card-playing regulation account in the special revenue fund and are appropriated to the commission to offset the cost of administering the breeders fund and promote horse breeding in Minnesota.

 

Sec. 16.  Minnesota Statutes 2016, section 240.22, is amended to read:

 

240.22 FINES.

 

(a) The commission shall by rule establish a schedule of civil fines for violations of laws related to horse racing or of the commission's rules.  The schedule must be based on and reflect the culpability, frequency and severity of the violator's actions.  The commission may impose a fine from this schedule on a licensee for a violation of those rules or laws relating to horse racing.  The fine is in addition to any criminal penalty imposed for the same violation.  Fines imposed by the commission must be paid to the commission and except as provided in paragraph (c), forwarded to the commissioner of management and budget for deposit in the state treasury and credited to a racing and card-playing regulation account in the special revenue fund and appropriated to the commission to distribute in the form of grants, contracts, or expenditures to support racehorse adoption, retirement, and repurposing.

 

(b) If the commission issues a fine in excess of $5,000, the license holder has the right to request a contested case hearing under chapter 14, to be held as set forth in Minnesota Rules, chapter 1400.  The appeal of a fine must be made in writing to the commission by certified mail or personal service.  An appeal sent by certified mail must be postmarked within ten days after the license holder receives the fine order from the commission.  An appeal sent by personal service must be received by the commission within ten days after the license holder receives the fine order from the commission.

 

(c) If the commission is the prevailing party in a contested case proceeding, the commission may recover, from amounts to be forwarded under paragraph (a), reasonable attorney fees and costs associated with the contested case.

 

Sec. 17.  Minnesota Statutes 2016, section 270C.13, subdivision 1, is amended to read:

 

Subdivision 1.  Biennial report.  The commissioner shall report to the legislature by March 1 of each odd-numbered year on the overall incidence of the income tax, sales and excise taxes, and property tax.  The report shall present information on the distribution of the tax burden as follows:  (1) for the overall income distribution, using a systemwide incidence measure such as the Suits index or other appropriate measures of equality and inequality; (2) by income classes, including at a minimum deciles of the income distribution; and (3) by other appropriate taxpayer characteristics.  The report must also include information on the distribution of the burden of federal taxes borne by Minnesota residents.


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Sec. 18.  Minnesota Statutes 2016, section 349A.06, subdivision 11, is amended to read:

 

Subd. 11.  Cancellation, suspension, and refusal to renew contracts or locations.  (a) The director shall cancel the contract of any lottery retailer or prohibit a lottery retailer from selling lottery tickets at a business location who:

 

(1) has been convicted of a felony or gross misdemeanor;

 

(2) has committed fraud, misrepresentation, or deceit;

 

(3) has provided false or misleading information to the lottery; or

 

(4) has acted in a manner prejudicial to public confidence in the integrity of the lottery.

 

(b) The director may cancel, suspend, or refuse to renew the contract of any lottery retailer or prohibit a lottery retailer from selling lottery tickets at a business location who:

 

(1) changes business location;

 

(2) fails to account for lottery tickets received or the proceeds from tickets sold;

 

(3) fails to remit funds to the director in accordance with the director's rules;

 

(4) violates a law or a rule or order of the director;

 

(5) fails to comply with any of the terms in the lottery retailer's contract;

 

(6) fails to file a bond, securities, or a letter of credit as required under subdivision 3;

 

(7) in the opinion of the director fails to maintain a sufficient sales volume to justify continuation as a lottery retailer; or

 

(8) has violated section 340A.503, subdivision 2, clause (1), two or more times within a two-year period; or

 

(9) has violated the rules adopted pursuant to subdivision 6, clause (1), requiring a lottery retailer to retain appropriate amounts from gross receipts from the sale of lottery tickets in order to pay prizes to holders of winning tickets, three or more times within a one-year period.

 

(c) The director may also cancel, suspend, or refuse to renew a lottery retailer's contract or prohibit a lottery retailer from selling lottery tickets at a business location if there is a material change in any of the factors considered by the director under subdivision 2.

 

(d) A contract cancellation, suspension, refusal to renew, or prohibiting a lottery retailer from selling lottery tickets at a business location under this subdivision is a contested case under sections 14.57 to 14.69 and is in addition to any criminal penalties provided for a violation of law or rule.

 

(e) The director may temporarily suspend a contract or temporarily prohibit a lottery retailer from selling lottery tickets at a business location without notice for any of the reasons specified in this subdivision provided that a hearing is conducted within seven days after a request for a hearing is made by a lottery retailer.  Within 20 days after receiving the administrative law judge's report, the director shall issue an order vacating the temporary


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suspension or prohibition or making any other appropriate order.  If no hearing is requested within 30 days of the temporary suspension or prohibition taking effect, the suspension or prohibition becomes permanent unless the director vacates or modifies the order.

 

(f) A lottery retailer whose contract was solely canceled, suspended, or not renewed pursuant to paragraph (b), clause (9), may petition the director to reinstate a canceled or suspended contract, or enter into a new contract, after two years have passed since the order took effect.

 

Sec. 19.  VALUATION OF PIPELINE OPERATING PROPERTY; ADMINISTRATIVE RULES.

 

(a) No later than January 1, 2019, the commissioner of revenue must adopt amendments to applicable administrative rules, including Minnesota Rules, part 8100.0300, related to the valuation of pipeline operating property in Minnesota.  The amendments must be designed to improve the valuation methodology so that it produces a more accurate estimate of market value.  The commissioner must consider recent agreements, settlements, and judgments related to state-assessed pipeline operating property valuations that resulted in an increase or decrease in assessed market value in developing the amendments required by this section.

 

(b) The commissioner may use the expedited rulemaking process under Minnesota Statutes, section 14.389, to adopt the rules required by this section.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 20.  VALUATION METHOD OF PUBLIC UTILITY OPERATING PROPERTY; REPORT.

 

(a) The commissioner of revenue shall prepare a report on the valuation of the operating property of public utilities, as defined in Minnesota Statutes, section 216B.02, subdivision 4, in the state of Minnesota.

 

(b) The report must compile and explain, in detail, the number of state-assessed public utility valuations that have been appealed in the last 20 years, the basis for the appeals, and the extent to which the market value was increased or reduced, by agreement, settlement, or judgment, and list and provide detail on the taxing jurisdictions that have been issued a refund order in the last 20 years as a result of agreement, settlement, or judgment, including the year and amount paid.

 

(c) The commissioner shall submit the report to the committees of the house of representatives and senate having jurisdiction over taxes by December 1, 2018, and file the report as required by Minnesota Statutes, section 3.195.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 21.  NORDIC WORLD CUP SKI CHAMPIONSHIP.

 

(a) Upon request of U.S. Ski and Snowboard, The Loppet Foundation, or other affiliated organization, the Minnesota Amateur Sports Commission must support the preparation and submission of a competitive bid to host an International Ski Federation Nordic World Cup Ski Championship event in Minnesota.  If the event is awarded, the commission must partner with the organizing committee as an event host.  Commission activities may include but are not limited to assisting in the development of public-private partnerships to support the event; soliciting sponsors; participating in public outreach activities; permitting the commission's facilities to be developed and used as event venues; and providing other administrative, technical, logistical, or financial support, within available resources.


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(b) Within 30 days after a bid is submitted and, if an event is awarded to Minnesota as a host, within 30 days after receiving notice of the award, the commission must notify the chairs and ranking minority members of the legislative committees with jurisdiction over the commission.  The notification must describe the commission's work in support of the event and indicate whether the commission anticipates seeking supplemental state or local funds or other public resources to continue that work.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and expires upon conclusion of a Nordic World Cup Ski Championship event hosted in Minnesota.

 

Sec. 22.  REPEALER.

 

Minnesota Statutes 2016, section 155A.28, subdivisions 1, 3, and 4, are repealed effective July 1, 2018.

 

ARTICLE 3

LEGISLATIVE BUDGET OFFICE

 

Section 1.  Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment; duties.  The Legislative Budget Office is established under control of the Legislative Coordinating Commission to provide the house of representatives and senate with nonpartisan, accurate, and timely information on the fiscal impact of proposed legislation, without regard to political factors.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 2.  Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 2, is amended to read:

 

Subd. 2.  Director; staff.  The Legislative Coordinating Commission Legislative Budget Office Oversight Commission must appoint a director who and establish the director's duties.  The director may hire staff necessary to do the work of the office.  The director serves in the unclassified service for a term of six years and may not be removed during a term except for cause after a public hearing.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 3.  Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a subdivision to read:

 

Subd. 3.  Uniform standards and procedures.  The director of the Legislative Budget Office must adopt uniform standards and procedures governing the timely preparation of fiscal notes as required by this section and section 3.98.  The standards and procedures are not effective until they are approved by the Legislative Budget Office Oversight Commission.  Upon approval, the standards and procedures must be published in the State Register and on the office's Web site.

 

EFFECTIVE DATE.  This section is effective September 1, 2019, except that the uniform standards and procedures to be used may be developed and adopted by the oversight commission prior to the effective date of this section.

 

Sec. 4.  Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a subdivision to read:

 

Subd. 4.  Access to data; treatment.  Upon request of the director of the Legislative Budget Office, the head or chief administrative officer of each department or agency of state government, including the Supreme Court, must promptly supply data that are used to prepare a fiscal note, including data that are not public data under section 13.64 or other applicable law, unless there are federal laws or regulations that prohibit the provision of the not public


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data for this purpose.  Not public data supplied under this subdivision may only be used by the Legislative Budget Office to review a department or agency's work in preparing a fiscal note and may not be used or disseminated for any other purpose, including use by or dissemination to a legislator or to any officer, department, agency, or committee within the legislative branch.  Violation of this subdivision by the director or other staff of the Legislative Budget Office is cause for removal, suspension without pay, or immediate dismissal at the direction of the oversight commission.

 

EFFECTIVE DATE.  This section is effective September 1, 2019.

 

Sec. 5.  Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a subdivision to read:

 

Subd. 5.  Fiscal note delivery and posting.  The director of the Legislative Budget Office must deliver a completed fiscal note to the legislative committee chair who made the request, and to the chief author of the legislation to which it relates.  Within 24 hours of completion of a fiscal note, the director of the Legislative Budget Office must post a completed fiscal note on the office's public Web site.  This subdivision does not apply to an unofficial fiscal note that is not public data under section 13.64, subdivision 3.

 

EFFECTIVE DATE.  This section is effective September 1, 2019.

 

Sec. 6.  [3.8854] LEGISLATIVE BUDGET OFFICE OVERSIGHT COMMISSION.

 

(a) The Legislative Budget Office Oversight Commission consists of:

 

(1) two members of the senate appointed by the senate majority leader;

 

(2) two members of the senate appointed by the senate minority leader;

 

(3) two members of the house of representatives appointed by the speaker of the house; and

 

(4) two members of the house of representatives appointed by the minority leader.

 

The director of the Legislative Budget Office is the executive secretary of the commission.  The chief nonpartisan fiscal analyst of the house of representatives, the lead nonpartisan fiscal analyst of the senate, the commissioner of management and budget or a designee, and the legislative auditor are ex officio, nonvoting members of the commission.

 

(b) Members serve at the pleasure of the appointing authority, or until they are not members of the legislative body from which they were appointed.  Appointing authorities shall fill vacancies on the commission within 30 days of a vacancy being created.

 

(c) The commission shall meet in January of each odd-numbered year to elect its chair and vice-chair.  They shall serve until successors are elected.  The chair and vice-chair shall alternate biennially between the senate and the house of representatives.  The commission shall meet at the call of the chair.  The members shall serve without compensation but may be reimbursed for their reasonable expenses consistent with the rules of the legislature governing expense reimbursement.

 

(d) The commission shall review the work of the Legislative Budget Office and make recommendations, as the commission determines necessary, to improve the office's ability to fulfill its duties, and shall perform other functions as directed by this section, and sections 3.8853 and 3.98.


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Sec. 7.  Minnesota Statutes 2017 Supplement, section 3.98, subdivision 1, is amended to read:

 

Subdivision 1.  Preparation; duties.  (a) The head or chief administrative officer of each department or agency of the state government, including the Supreme Court, shall cooperate with the Legislative Budget Office and the Legislative Budget Office must prepare a fiscal note consistent with the standards and procedures adopted under section 3.8853, at the request of the chair of the standing committee to which a bill has been referred, or the chair of the house of representatives Ways and Means Committee, or the chair of the senate Committee on Finance.

 

(b) Upon request of the Legislative Budget Office, the head or chief administrative officer of each department or agency of state government, including the Supreme Court, must promptly supply all information necessary for the Legislative Budget Office to prepare an accurate and timely fiscal note.

 

(c) The Legislative Budget Office may adopt standards and guidelines governing timing of responses to requests for information and governing access to data, consistent with laws governing access to data.  Agencies must comply with these standards and guidelines and the Legislative Budget Office must publish them on the office's Web site.

 

(d) (b) For purposes of this subdivision, "Supreme Court" includes all agencies, committees, and commissions supervised or appointed by the state Supreme Court or the state court administrator.

 

EFFECTIVE DATE.  This section is effective September 1, 2019.

 

Sec. 8.  Minnesota Statutes 2016, section 10A.01, subdivision 35, is amended to read:

 

Subd. 35.  Public official.  "Public official" means any:

 

(1) member of the legislature;

 

(2) individual employed by the legislature as secretary of the senate, legislative auditor, director of the Legislative Budget Office, chief clerk of the house of representatives, revisor of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of Senate Counsel, Research, and Fiscal Analysis, House Research, or the House Fiscal Analysis Department;

 

(3) constitutional officer in the executive branch and the officer's chief administrative deputy;

 

(4) solicitor general or deputy, assistant, or special assistant attorney general;

 

(5) commissioner, deputy commissioner, or assistant commissioner of any state department or agency as listed in section 15.01 or 15.06, or the state chief information officer;

 

(6) member, chief administrative officer, or deputy chief administrative officer of a state board or commission that has either the power to adopt, amend, or repeal rules under chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

 

(7) individual employed in the executive branch who is authorized to adopt, amend, or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

 

(8) executive director of the State Board of Investment;

 

(9) deputy of any official listed in clauses (7) and (8);

 

(10) judge of the Workers' Compensation Court of Appeals;


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(11) administrative law judge or compensation judge in the State Office of Administrative Hearings or unemployment law judge in the Department of Employment and Economic Development;

 

(12) member, regional administrator, division director, general counsel, or operations manager of the Metropolitan Council;

 

(13) member or chief administrator of a metropolitan agency;

 

(14) director of the Division of Alcohol and Gambling Enforcement in the Department of Public Safety;

 

(15) member or executive director of the Higher Education Facilities Authority;

 

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

 

(17) member of the board of directors or executive director of the Minnesota State High School League;

 

(18) member of the Minnesota Ballpark Authority established in section 473.755;

 

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

 

(20) manager of a watershed district, or member of a watershed management organization as defined under section 103B.205, subdivision 13;

 

(21) supervisor of a soil and water conservation district;

 

(22) director of Explore Minnesota Tourism;

 

(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section 97A.056;

 

(24) citizen member of the Clean Water Council established in section 114D.30;

 

(25) member or chief executive of the Minnesota Sports Facilities Authority established in section 473J.07;

 

(26) district court judge, appeals court judge, or Supreme Court justice;

 

(27) county commissioner;

 

(28) member of the Greater Minnesota Regional Parks and Trails Commission; or

 

(29) member of the Destination Medical Center Corporation established in section 469.41.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 9.  Minnesota Statutes 2016, section 13.64, is amended by adding a subdivision to read:

 

Subd. 4.  Fiscal note data must be shared with Legislative Budget Office.  A head or chief administrative officer of a department or agency of the state government, including the Supreme Court, must provide data that are used to prepare a fiscal note, including data that are not public data under this section to the director of the Legislative Budget Office upon the director's request and consistent with section 3.8853, subdivision 4, unless there are federal laws or regulations that prohibit the provision of the not public data for this purpose.  The data must be supplied according to any standards and procedures adopted under section 3.8853, subdivision 3, including any


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standards and procedures governing timeliness.  Notwithstanding section 13.05, subdivision 9, a responsible authority may not require the Legislative Budget Office to pay a cost for supplying data requested under this subdivision.

 

EFFECTIVE DATE.  This section is effective September 1, 2019.

 

Sec. 10.  Laws 2017, First Special Session chapter 4, article 2, section 1, the effective date, is amended to read:

 

EFFECTIVE DATE.  This section is effective January 8, 2019 July 1, 2018.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 11.  Laws 2017, First Special Session chapter 4, article 2, section 3, the effective date, is amended to read:

 

EFFECTIVE DATE.  Except where otherwise provided by law, this section is effective January 8, 2019 July 1, 2018.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 12.  Laws 2017, First Special Session chapter 4, article 2, section 9, the effective date, is amended to read:

 

EFFECTIVE DATE.  This section is effective January 8, 2019 September 1, 2019.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 13.  Laws 2017, First Special Session chapter 4, article 2, section 58, the effective date, is amended to read:

 

EFFECTIVE DATE.  This section is effective January 8, 2019.  September 1, 2019.  The contract required under this section must be approved by the Legislative Budget Office Oversight Commission and be executed no later than November 1, 2018, and must provide for transfer of operational control of the fiscal note tracking system to the Legislative Budget Office effective September 1, 2019.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 14.  LEGISLATIVE BUDGET OFFICE OVERSIGHT COMMISSION; FIRST APPOINTMENTS; FIRST CHAIR; FIRST MEETING.

 

Appointments to the Legislative Budget Office Oversight Commission under Minnesota Statutes, section 3.8854, must be made by July 1, 2018.  The chair of the Legislative Coordinating Commission must designate one appointee to convene the commission's first meeting and serve as its chair until a chair is elected by the commission as provided in Minnesota Statutes, section 3.8854.  The designated appointee must convene the first meeting no later than July 15, 2018.

 

Sec. 15.  LEGISLATIVE BUDGET OFFICE DIRECTOR ORIENTATION AND TRAINING.

 

Before September 1, 2019, the commissioner of management and budget shall provide orientation and training to the director of the Legislative Budget Office and any staff of the Legislative Budget Office designated by the director on the use of the fiscal note system.  The commissioner of management and budget must provide opportunities to the director of the Legislative Budget Office and staff designated by the director of the Legislative Budget Office to learn from the Department of Management and Budget's work on fiscal note requests during the 2019 regular legislative session to facilitate the transfer of duties required by this act.


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Sec. 16.  REPEALER.

 

(a) Minnesota Statutes 2017 Supplement, section 3.98, subdivision 4, is repealed effective September 1, 2019.

 

(b) Laws 2017, First Special Session chapter 4, article 2, section 59, is repealed.

 

EFFECTIVE DATE.  This section is effective the day following final enactment unless a different date is specified.

 

ARTICLE 4

INFORMATION TECHNOLOGY

 

Section 1.  [3.9736] EVALUATION OF INFORMATION TECHNOLOGY PROJECTS.

 

Subdivision 1.  Definition.  For purposes of this section, "information technology project" means a project managed or performed by the Office of MN.IT Services on behalf of a state agency.

 

Subd. 2.  Selection of project for review; schedule for evaluation; report.  Annually, the legislative auditor may submit to the Legislative Audit Commission a list of three to five information technology projects proposed for review.  In selecting projects to include on the list, the legislative auditor may consider the cost of the project to the state, the impact of the project on state agencies and public users, and the legislature's interest in ensuring that state agencies meet the needs of the public.  The legislative auditor may include completed projects and ongoing projects and shall give particular consideration to forensic review of high-profile problematic projects from which recommendations may be developed to prevent problems on future projects.  Annually, the Legislative Audit Commission may select at least one information technology project for the legislative auditor's evaluation.  The legislative auditor may evaluate the selected information technology project according to an evaluation plan established under subdivision 3 and submit a written report to the Legislative Audit Commission.

 

Subd. 3.  Evaluation plan.  The Legislative Audit Commission may establish an evaluation plan that identifies elements the legislative auditor must include in an evaluation of an information technology project.  The Legislative Audit Commission may modify the evaluation plan as needed.

 

Sec. 2.  Minnesota Statutes 2016, section 16A.11, subdivision 1, is amended to read:

 

Subdivision 1.  When.  The governor shall submit a three-part budget to the legislature.  Parts one and two, the budget message and detailed operating budget, must be submitted by the fourth Tuesday in January in each odd-numbered year.  However, in a year following the election of a governor who had not been governor the previous year, parts one and two must be submitted by the third Tuesday in February.  Part three, the detailed recommendations as to capital expenditure, must be submitted as follows:  agency capital budget requests by July 15 of each odd-numbered year, and governor's recommendations by January 15 of each even-numbered year.  Detailed recommendations as to information technology expenditure must be submitted as part of the detailed operating budget.  Information technology recommendations must include projects to be funded during the next biennium and planning estimates for an additional two bienniums.  Information technology recommendations must specify purposes of the funding such as infrastructure, hardware, software, or training.

 

Sec. 3.  Minnesota Statutes 2016, section 16A.11, is amended by adding a subdivision to read:

 

Subd. 6a.  Information technology and cyber security.  (a) Detailed recommendations as to information and telecommunications technology systems and services expenditures must be submitted as part of the detailed operating budget.  These recommendations must include projects to be funded during the next biennium and planning estimates for an additional two bienniums and must specify purposes of the funding, such as infrastructure,


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hardware, software, or training.  The detailed operating budget must also separately recommend expenditures for the maintenance and enhancement of cyber security for the state's information and telecommunications technology systems and services.

 

(b) The commissioner of management and budget, in consultation with the state chief information officer, shall establish budget guidelines for the recommendations required by this subdivision.  Unless otherwise set by the commissioner at a higher amount, the amount to be budgeted each fiscal year for maintenance and enhancement of cyber security must be at least 3.5 percent of a department's or agency's total operating budget for information and telecommunications technology systems and services in that year.

 

(c) As used in this subdivision:

 

(1) "cyber security" has the meaning given in section 16E.03, subdivision 1, paragraph (d); and

 

(2) "information and telecommunications technology systems and services" has the meaning given in section 16E.03, subdivision 1, paragraph (a).

 

Sec. 4.  Minnesota Statutes 2016, section 16E.03, subdivision 7, is amended to read:

 

Subd. 7.  Cyber security systems.  In consultation with the attorney general and appropriate agency heads, the chief information officer shall develop cyber security policies, guidelines, and standards, and shall install and administer state data security systems on the state's computer facilities consistent with these policies, guidelines, standards, and state law to ensure the integrity of computer-based and other data and to ensure applicable limitations on access to data, consistent with the public's right to know as defined in chapter 13.  The chief information officer is responsible for overall security of state agency networks connected to the Internet.  Each department or agency head is responsible for the security of the department's or agency's data within the guidelines of established enterprise policy.  Unless otherwise expressly provided by law, at least 3.5 percent of each department's or agency's expenditures in a fiscal year for information and telecommunications technology systems and services must be directed to the maintenance and enhancement of cyber security.

 

EFFECTIVE DATE.  This section is effective July 1, 2018, and applies to expenditures in fiscal years beginning on or after that date.

 

ARTICLE 5

ENERGY POLICY

 

Section 1.  Minnesota Statutes 2017 Supplement, section 116C.779, subdivision 1, is amended to read:

 

Subdivision 1.  Renewable development account.  (a) The renewable development account is established as a separate account in the special revenue fund in the state treasury.  Appropriations and transfers to the account shall be credited to the account.  Earnings, such as interest, dividends, and any other earnings arising from assets of the account, shall be credited to the account.  Funds remaining in the account at the end of a fiscal year are not canceled to the general fund but remain in the account until expended.  The account shall be administered by the commissioner of management and budget as provided under this section.

 

(b) On July 1, 2017, the public utility that owns the Prairie Island nuclear generating plant must transfer all funds in the renewable development account previously established under this subdivision and managed by the public utility to the renewable development account established in paragraph (a).  Funds awarded to grantees in previous grant cycles that have not yet been expended and unencumbered funds required to be paid in calendar year 2017 under paragraphs (e) and (f) and (g), and sections 116C.7792 and 216C.41, are not subject to transfer under this paragraph.


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(c) Except as provided in subdivision 1a, Beginning January 15, 2018 2019, and continuing each January 15 thereafter, the public utility that owns the Prairie Island and Monticello nuclear generating plant plants must transfer to the renewable development account $500,000 each year for each dry cask containing spent fuel that is located at the Prairie Island power plant for the following amounts each year the either plant is in operation, and $7,500,000 each year the plant is not in operation:  (1) $23,000,000 in 2019; (2) $28,000,000 in 2020; (3) $28,000,000 in 2021; and (4) $20,000,000 beginning in 2022 and each year thereafter.  If ordered by the commission pursuant to paragraph (i). (h), the public utility must transfer $7,500,000 each year the Prairie Island plant is not in operation and $5,250,000 each year the Monticello plant is not in operation.  The fund transfer must be made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility at Prairie Island or Monticello for any part of a year.

 

(d) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing each January 15 thereafter, the public utility that owns the Monticello nuclear generating plant must transfer to the renewable development account $350,000 each year for each dry cask containing spent fuel that is located at the Monticello nuclear power plant for each year the plant is in operation, and $5,250,000 each year the plant is not in operation if ordered by the commission pursuant to paragraph (i).  The fund transfer must be made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility at Monticello for any part of a year.

 

(e) (d) Each year, the public utility shall withhold from the funds transferred to the renewable development account under paragraphs paragraph (c) and (d) the amount necessary to pay its obligations for that calendar year under paragraphs (e), (f) and (g), (j), and (n), and sections 116C.7792 and 216C.41, for that calendar year.

 

(f) (e) If the commission approves a new or amended power purchase agreement, the termination of a power purchase agreement, or the purchase and closure of a facility under section 216B.2424, subdivision 9, with an entity that uses poultry litter to generate electricity, the public utility subject to this section shall enter into a contract with the city in which the poultry litter plant is located to provide grants to the city for the purposes of economic development on the following schedule:  $4,000,000 in fiscal year 2018; $6,500,000 each fiscal year in 2019 and 2020; and $3,000,000 in fiscal year 2021.  The grants shall be paid by the public utility from funds withheld from the transfer to the renewable development account, as provided in paragraphs (b) and (e) (d).

 

(g) (f) If the commission approves a new or amended power purchase agreement, or the termination of a power purchase agreement under section 216B.2424, subdivision 9, with an entity owned or controlled, directly or indirectly, by two municipal utilities located north of Constitutional Route No. 8, that was previously used to meet the biomass mandate in section 216B.2424, the public utility that owns a nuclear generating plant shall enter into a grant contract with such entity to provide $6,800,000 per year for five years, commencing 30 days after the commission approves the new or amended power purchase agreement, or the termination of the power purchase agreement, and on each June 1 thereafter through 2021, to assist the transition required by the new, amended, or terminated power purchase agreement.  The grant shall be paid by the public utility from funds withheld from the transfer to the renewable development account as provided in paragraphs (b) and (e) (d).

 

(h) (g) The collective amount paid under the grant contracts awarded under paragraphs (e) and (f) and (g) is limited to the amount deposited into the renewable development account, and its predecessor, the renewable development account, established under this section, that was not required to be deposited into the account under Laws 1994, chapter 641, article 1, section 10.

 

(i) (h) After discontinuation of operation of the Prairie Island nuclear plant or the Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask at the discontinued facility, the commission shall require the public utility to pay $7,500,000 for the discontinued Prairie Island facility and $5,250,000 for the discontinued Monticello facility for any year in which the commission finds, by the preponderance of the evidence, that the public utility did not make a good faith effort to remove the spent nuclear fuel stored at the facility to a permanent or interim storage site out of the state.  This determination shall be made at least every two years.


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(i) The public utility must annually file with the commission a petition to recover through a rider mechanism all funds it is required to transfer or withhold under paragraphs (c) to (f) for the next year.  The commission must approve a reasonable cost recovery schedule for all funds under this paragraph.

 

(j) On or before January 15 of each year, the public utility must file a petition with the commission identifying the amounts withheld by the public utility the prior year under paragraph (d) and the amount actually paid the prior year for obligations identified in paragraph (d).  If the amount actually paid is less than the amount withheld, the public utility must deduct the surplus from the amount withheld for the current year under paragraph (d).  If the amount actually paid is more than the amount withheld, the public utility must add the deficiency amount to the amount withheld for the current year under paragraph (d).  Any surplus remaining in the account after all programs identified in paragraph (d) are terminated must be returned to the public utility's customers.

 

(j) (k) Funds in the account may be expended only for any of the following purposes:

 

(1) to stimulate research and development of renewable electric energy technologies;

 

(2) to encourage grid modernization, including, but not limited to, projects that implement electricity storage, load control, and smart meter technology; and

 

(3) to stimulate other innovative energy projects that reduce demand and increase system efficiency and flexibility.

 

Expenditures from the fund must benefit Minnesota ratepayers receiving electric service from the utility that owns a nuclear-powered electric generating plant in this state or the Prairie Island Indian community or its members.

 

The utility that owns a nuclear generating plant is eligible to apply for grants under this subdivision.

 

(k) (l) For the purposes of paragraph (j) (k), the following terms have the meanings given:

 

(1) "renewable" has the meaning given in section 216B.2422, subdivision 1, paragraph (c), clauses (1), (2), (4), and (5); and

 

(2) "grid modernization" means:

 

(i) enhancing the reliability of the electrical grid;

 

(ii) improving the security of the electrical grid against cyberthreats and physical threats; and

 

(iii) increasing energy conservation opportunities by facilitating communication between the utility and its customers through the use of two-way meters, control technologies, energy storage and microgrids, technologies to enable demand response, and other innovative technologies.

 

(l) (m) A renewable development account advisory group that includes, among others, representatives of the public utility and its ratepayers, and includes at least one representative of the Prairie Island Indian community appointed by that community's tribal council, shall develop recommendations on account expenditures.  Members of the advisory group must be chosen by the public utility.  The advisory group must design a request for proposal and evaluate projects submitted in response to a request for proposals.  The advisory group must utilize an independent third-party expert to evaluate proposals submitted in response to a request for proposal, including all proposals made by the public utility.  A request for proposal for research and development under paragraph (j) (k), clause (1), may be limited to or include a request to higher education institutions located in Minnesota for multiple projects authorized under paragraph (j) (k), clause (1).  The request for multiple projects may include a provision that


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exempts the projects from the third-party expert review and instead provides for project evaluation and selection by a merit peer review grant system.  In the process of determining request for proposal scope and subject and in evaluating responses to request for proposals, the advisory group must strongly consider, where reasonable, potential benefit to Minnesota citizens and businesses and the utility's ratepayers.

 

(n) The cost of acquiring the services of the independent third-party expert described in paragraph (m) and any other reasonable costs incurred to administer the advisory group and its actions required by this section must be paid from funds withheld by the public utility under paragraph (d).  The total amount withheld under this paragraph must not exceed $125,000 each year.

 

(m) (o) The advisory group shall submit funding recommendations to the public utility, which has full and sole authority to determine which expenditures shall be submitted by the advisory group to the legislature commission.  The commission may approve proposed expenditures, may disapprove proposed expenditures that it finds not to be in compliance with this subdivision or otherwise not in the public interest, and may, if agreed to by the public utility, modify proposed expenditures.  The commission shall, by order, submit its funding recommendations to the legislature as provided under paragraph (n) (p).

 

(n) (p) The commission shall present its recommended appropriations from the account to the senate and house of representatives committees with jurisdiction over energy policy and finance annually by February 15.  Expenditures from the account must be appropriated by law.  In enacting appropriations from the account, the legislature:

 

(1) may approve or disapprove, but may not modify, the amount of an appropriation for a project recommended by the commission; and

 

(2) may not appropriate money for a project the commission has not recommended funding.

 

(o) (q) A request for proposal for renewable energy generation projects must, when feasible and reasonable, give preference to projects that are most cost-effective for a particular energy source.

 

(p) (r) The advisory group must annually, by February 15, report to the chairs and ranking minority members of the legislative committees with jurisdiction over energy policy on projects funded by the account under paragraph (k) for the prior year and all previous years.  The report must, to the extent possible and reasonable, itemize the actual and projected financial benefit to the public utility's ratepayers of each project.

 

(s) By June 1, 2018, and each June 1 thereafter, the public utility that owns the Prairie Island Nuclear Electric Generating Plant must submit to the commissioner of management and budget an estimate of the amount the public utility will deposit into the account the following January 15, based on the provisions of paragraphs (c) to (h) and any appropriations made from the fund during the most recent legislative session.

 

(q) (t) By February 1 June 30, 2018, and each February 1 June 30 thereafter, the commissioner of management and budget shall must estimate the balance in the account as of the following January 31, taking into account the balance in the account as of June 30 and the information provided under paragraph (r).  By July 15, 2018, and each July 15 thereafter, the commissioner of management and budget must submit a written report regarding the availability of funds in and obligations of the account to the chairs and ranking minority members of the senate and house committees with jurisdiction over energy policy and finance, the public utility, and the advisory group.  If more than $15,000,000 is estimated to be available in the account as of January 31, the advisory group must, by January 31 the next year, issue a request for proposals to initiate a grant cycle for the purposes of paragraph (k).


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(r) (u) A project receiving funds from the account must produce a written final report that includes sufficient detail for technical readers and a clearly written summary for nontechnical readers.  The report must include an evaluation of the project's financial, environmental, and other benefits to the state and the public utility's ratepayers.

 

(s) (v) Final reports, any mid-project status reports, and renewable development account financial reports must be posted online on a public Web site designated by the commissioner of commerce.

 

(t) (w) All final reports must acknowledge that the project was made possible in whole or part by the Minnesota renewable development account, noting that the account is financed by the public utility's ratepayers.

 

(u) (x) Of the amount in the renewable development account, priority must be given to making the payments required under section 216C.417.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 2.  Minnesota Statutes 2017 Supplement, section 116C.7792, is amended to read:

 

116C.7792 SOLAR ENERGY INCENTIVE PROGRAM.

 

(a) The utility subject to section 116C.779 shall must operate a program to provide solar energy production incentives for solar energy systems of no more than a total aggregate nameplate capacity of 20 40 kilowatts direct current per premises.  The owner of a solar energy system installed before June 1, 2018, is eligible to receive a production incentive under this section for any additional solar energy systems constructed at the same customer location, provided the aggregate capacity of all systems at the customer location does not exceed 40 kilowatts.

 

(b) The program shall must be operated for eight consecutive calendar years commencing in 2014.  $5,000,000 shall must be allocated in each of the first four years, $15,000,000 in the fifth year, $10,000,000 in each of the sixth and seventh years, and $5,000,000 in the eighth year from funds withheld from transfer to the renewable development account under section 116C.779, subdivision 1, paragraphs (b) and (e) paragraph (d), and placed in a separate account for the purpose of the solar production incentive program operated by the utility.  Money in the separate account must not be used for any other program or purpose.  Any unspent amount allocated in the fifth year is available until December 31 of the sixth year.  Any unspent amount remaining at the end of an allocation year must be transferred to the renewable development account or returned to customers.

 

(c) The solar energy system must be sized to less than 120 percent of the customer's on-site annual energy consumption when combined with other distributed generation resources and subscriptions provided under section 216B.1641 associated with the premise.  The production incentive must be paid for ten years commencing with the commissioning of the system.

 

(d) The utility must file a plan to operate the program with the commissioner of commerce.  The utility may not operate the program until it is approved by the commissioner.  A change to the program to include projects up to a nameplate capacity of 40 kilowatts does not require the utility to file an amended plan with the commissioner.  Any plan approved by the commissioner of commerce must not provide an increased incentive over prior years unless the commissioner demonstrates that changes in the market for solar energy facilities require an increase.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 3.  [116C.7793] PRAIRIE ISLAND NET ZERO PROJECT.

 

Subdivision 1.  Program established.  The Prairie Island Net Zero Project is established with the goal of the Prairie Island Indian Community developing an energy system that results in net zero emissions.


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Subd. 2.  Grant.  The commissioner of employment and economic development must enter into a grant contract with the Prairie Island Indian Community to provide the amounts appropriated each year under subdivision 4 to stimulate research, development, and implementation of renewable energy projects benefiting the Prairie Island Indian Community or its members.  Any examination conducted by the commissioner of employment and economic development to determine the sufficiency of the financial stability and capacity of the Prairie Island Indian Community to carry out the purposes of this grant is limited to the Community Services Department of the Prairie Island Indian Community.

 

Subd. 3.  Plan; report.  The Prairie Island Indian Community must file a plan with the commissioner of employment and economic development no later than July 1, 2019, describing the Prairie Island Net Zero Project elements and implementation strategy.  The Prairie Island Indian Community must file a report on July 1, 2020, and each July 1 thereafter through 2025, describing the progress made in implementing the project and the uses of expended funds.

 

Subd. 4.  Appropriation.  Notwithstanding section 116C.779, subdivision 1, paragraph (k), $3,000,000 in fiscal year 2019, $7,000,000 in fiscal year 2020, $4,500,000 in fiscal year 2021, $9,000,000 in fiscal year 2022, $8,000,000 in fiscal year 2023, and $8,500,000 in fiscal year 2024 are appropriated from the renewable development account under section 116C.779, subdivision 1, to the commissioner of employment and economic development for a grant to the Prairie Island Indian Community for the purposes of this section.  Any funds remaining at the end of a fiscal year do not cancel to the renewable development account but remain available until spent.  This subdivision expires the day after the last transfer of funds to the commissioner.

 

Subd. 5.  Transfer.  (a) Any funds appropriated under section 216C.417, subdivision 2, that are unexpended at the end of a fiscal year are transferred to the commissioner of employment and economic development for a grant to the Prairie Island Indian Community for the purposes of this section.

 

(b) Beginning in fiscal year 2019 and continuing each year thereafter, on the day following the public release of the February state budget forecast the commissioner of management and budget must compare the obligation forecasted in each fiscal year for the Made in Minnesota solar production incentive program under section 216C.417 with the obligations forecasted under that program in the previous year's February state budget forecast.  If the amount in the most recent forecast in any one fiscal year is less than the amount of the obligation forecasted for the same fiscal year in the previous February forecast, the commissioner of management and budget must transfer the difference from the renewable development account established in section 116C.779 to the commissioner of employment and economic development for a grant to the Prairie Island Indian Community for the Prairie Island Net Zero Project in section 116C.7793.

 

(c) The total amount appropriated and transferred from the renewable development account under this subdivision and subdivision 4 must not exceed $45,000,000.

 

(d) This subdivision expires the day following the day that the total amount appropriated and transferred from the renewable development account under this subdivision and subdivision 4 equals $45,000,000.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 4.  Minnesota Statutes 2016, section 216B.16, is amended by adding a subdivision to read:

 

Subd. 7e.  Energy storage system pilot projects.  (a) A public utility may petition the commission under this section to recover costs associated with the implementation of an energy storage system pilot project.  As part of the petition, the public utility must submit a report to the commission containing, at a minimum, the following information regarding the proposed energy storage system pilot project:


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(1) the storage technology utilized;

 

(2) the energy storage capacity and the duration of output at that capacity;

 

(3) the proposed location;

 

(4) the purchase and installation costs;

 

(5) how the project will interact with existing distributed generation resources on the utility's grid; and

 

(6) the goals the project proposes to achieve, which may include controlling frequency or voltage, mitigating transmission congestion, providing emergency power supplies during outages, reducing curtailment of existing renewable energy generators, and reducing peak power costs.

 

(b) A utility may petition the commission to approve a rate schedule that provides for the automatic adjustment of charges to recover prudently incurred investments, expenses, or costs associated with energy storage system pilot projects approved by the commission under this subdivision.  A petition filed under this subdivision must include the elements listed in section 216B.1645, subdivision 2a, paragraph (b), clauses (1) to (4), and must describe the benefits of the pilot project.

 

(c) The commission may approve, or approve as modified, a rate schedule filed under this subdivision if it determines the proposed energy storage system pilot project is in the public interest.  A rate schedule filed under this subdivision may include the elements listed in section 216B.1645, subdivision 2a, paragraph (a), clauses (1) to (5).

 

(d) The commission must make its determination under paragraph (c) within 90 days of the filing under paragraph (a).

 

(e) Nothing in this subdivision prohibits or deters the deployment of energy storage systems.

 

(f) For the purposes of this subdivision:

 

(1) "energy storage system" has the meaning given in section 216B.2422, subdivision 1; and

 

(2) "pilot project" means a project that is owned, operated, and controlled by a public utility to optimize safe and reliable system operations and is deployed at a limited number of locations in order to assess the technical and economic effectiveness of its operations.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 5.  Minnesota Statutes 2016, section 216B.16, is amended by adding a subdivision to read:

 

Subd. 13a.  Pension and other benefits rate base.  The commission must allow a public utility to include in the rate base and recover from ratepayers combined pension and other postemployment benefit costs.  Postemployment benefit costs include retiree medical, determined as the difference between accumulated contributions and accumulated expenses, offset by related accumulated deferred income tax.  A public utility is authorized to track for future recovery any unrecovered return of pension and other postemployment rate base costs and investments at the return on investment level established in the public utility's last general rate case.


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Sec. 6.  Minnesota Statutes 2016, section 216B.1641, is amended to read:

 

216B.1641 COMMUNITY SOLAR GARDEN.

 

(a) The public utility subject to section 116C.779 shall file by September 30, 2013, a plan with the commission to operate a community solar garden program which shall begin operations within 90 days after commission approval of the plan.  Other public utilities may file an application at their election.  The community solar garden program must be designed to offset the energy use of not less than five subscribers in each community solar garden facility of which no single subscriber has more than a 40 percent interest.  The owner of the community solar garden may be a public utility or any other entity or organization that contracts to sell the output from the community solar garden to the utility under section 216B.164.  There shall be no limitation on the number or cumulative generating capacity of community solar garden facilities other than the limitations imposed under section 216B.164, subdivision 4c, or other limitations provided in law or regulations.

 

(b) A solar garden is a facility that generates electricity by means of a ground-mounted or roof-mounted solar photovoltaic device whereby subscribers receive a bill credit for the electricity generated in proportion to the size of their subscription.  The solar garden must have a nameplate capacity of no more than one megawatt.  Each subscription shall be sized to represent at least 200 watts of the community solar garden's generating capacity and to supply, when combined with other distributed generation resources serving the premises, no more than 120 percent of the average annual consumption of electricity by each subscriber at the premises to which the subscription is attributed.

 

(c) The solar generation facility must be located in the service territory of the public utility filing the plan.  Subscribers must be retail customers of the public utility located in the same county or a county contiguous to where the facility is located.

 

(d) The public utility must purchase from the community solar garden all energy generated by the solar garden.  The purchase shall be at the rate calculated under section 216B.164, subdivision 10, or, until that rate for the public utility has been approved by the commission, the applicable retail rate.  A solar garden is eligible for any incentive programs offered under either section 116C.7792 or section 216C.415.  A subscriber's portion of the purchase shall be provided by a credit on the subscriber's bill.

 

(e) The commission may approve, disapprove, or modify a community solar garden program.  Any plan approved by the commission must:

 

(1) reasonably allow for the creation, financing, and accessibility of community solar gardens;

 

(2) establish uniform standards, fees, and processes for the interconnection of community solar garden facilities that allow the utility to recover reasonable interconnection costs for each community solar garden;

 

(3) not apply different requirements to utility and nonutility community solar garden facilities;

 

(4) be consistent with the public interest;

 

(5) identify the information that must be provided to potential subscribers to ensure fair disclosure of future costs and benefits of subscriptions;

 

(6) include a program implementation schedule;

 

(7) identify all proposed rules, fees, and charges; and


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(8) identify the means by which the program will be promoted.

 

(f) Notwithstanding any other law, neither the manager of nor the subscribers to a community solar garden facility shall be considered a utility solely as a result of their participation in the community solar garden facility.

 

(g) Within 180 days of commission approval of a plan under this section, a utility shall begin crediting subscriber accounts for each community solar garden facility in its service territory, and shall file with the commissioner of commerce a description of its crediting system.

 

(h) For the purposes of this section, the following terms have the meanings given:

 

(1) "subscriber" means a retail customer of a utility who owns one or more subscriptions of a community solar garden facility interconnected with that utility; and

 

(2) "subscription" means a contract between a subscriber and the owner of a solar garden.

 

Sec. 7.  Minnesota Statutes 2017 Supplement, section 216B.1691, subdivision 2f, is amended to read:

 

Subd. 2f.  Solar energy standard.  (a) In addition to the requirements of subdivisions 2a and 2b, each public utility shall generate or procure sufficient electricity generated by solar energy to serve its retail electricity customers in Minnesota so that by the end of 2020, at least 1.5 percent of the utility's total retail electric sales to retail customers in Minnesota is generated by solar energy.

 

(b) For a public utility with more than 200,000 retail electric customers, at least ten percent of the 1.5 percent goal must be met by solar energy generated by or procured from solar photovoltaic devices with a nameplate capacity of 20 40 kilowatts or less.

 

(c) A public utility with between 50,000 and 200,000 retail electric customers:

 

(1) must meet at least ten percent of the 1.5 percent goal with solar energy generated by or procured from solar photovoltaic devices with a nameplate capacity of 40 kilowatts or less; and

 

(2) may apply toward the ten percent goal in clause (1) individual customer subscriptions of 40 kilowatts or less to a community solar garden program operated by the public utility that has been approved by the commission.

 

(d) The solar energy standard established in this subdivision is subject to all the provisions of this section governing a utility's standard obligation under subdivision 2a.

 

(e) It is an energy goal of the state of Minnesota that, by 2030, ten percent of the retail electric sales in Minnesota be generated by solar energy.

 

(f) For the purposes of calculating the total retail electric sales of a public utility under this subdivision, there shall be excluded retail electric sales to customers that are:

 

(1) an iron mining extraction and processing facility, including a scram mining facility as defined in Minnesota Rules, part 6130.0100, subpart 16; or

 

(2) a paper mill, wood products manufacturer, sawmill, or oriented strand board manufacturer.

 

Those customers may not have included in the rates charged to them by the public utility any costs of satisfying the solar standard specified by this subdivision.


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(g) A public utility may not use energy used to satisfy the solar energy standard under this subdivision to satisfy its standard obligation under subdivision 2a.  A public utility may not use energy used to satisfy the standard obligation under subdivision 2a to satisfy the solar standard under this subdivision.

 

(h) Notwithstanding any law to the contrary, a solar renewable energy credit associated with a solar photovoltaic device installed and generating electricity in Minnesota after August 1, 2013, but before 2020 may be used to meet the solar energy standard established under this subdivision.

 

(i) Beginning July 1, 2014, and each July 1 through 2020, each public utility shall file a report with the commission reporting its progress in achieving the solar energy standard established under this subdivision.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 8.  Minnesota Statutes 2017 Supplement, section 216B.241, subdivision 1d, is amended to read:

 

Subd. 1d.  Technical assistance.  (a) The commissioner shall evaluate energy conservation improvement programs on the basis of cost-effectiveness and the reliability of the technologies employed.  The commissioner shall, by order, establish, maintain, and update energy-savings assumptions that must be used when filing energy conservation improvement programs.  The commissioner shall establish an inventory of the most effective energy conservation programs, techniques, and technologies, and encourage all Minnesota utilities to implement them, where appropriate, in their service territories.  The commissioner shall describe these programs in sufficient detail to provide a utility reasonable guidance concerning implementation.  The commissioner shall prioritize the opportunities in order of potential energy savings and in order of cost-effectiveness.  The commissioner may contract with a third party to carry out any of the commissioner's duties under this subdivision, and to obtain technical assistance to evaluate the effectiveness of any conservation improvement program.  The commissioner may assess up to $850,000 annually for the purposes of this subdivision.  The assessments must be deposited in the state treasury and credited to the energy and conservation account created under subdivision 2a.  An assessment made under this subdivision is not subject to the cap on assessments provided by section 216B.62, or any other law.

 

(b) Of the assessment authorized under paragraph (a), the commissioner may expend up to $400,000 annually $800,000 for the purpose of developing, operating, maintaining, and providing technical support for a uniform electronic data reporting and tracking system available to all utilities subject to this section, in order to enable accurate measurement of the cost and energy savings of the energy conservation improvements required by this section.  This paragraph expires June 30, 2018 2019.

 

(c) The commissioner must establish a utility stakeholder group to direct development and maintenance of the tracking system available to all utilities.  The utility stakeholder group will direct 50 percent of the biennium expenditures.  The utility stakeholder group must include but is not limited to stakeholders representative of the Minnesota Rural Electric Association, the Minnesota Municipal Utility Association, investor-owned utilities, municipal power agencies, energy conservation organizations, and businesses that work in energy efficiency.  One of the stakeholder members must serve as chair.  The utility stakeholder group must develop and submit its work plan to the commissioner.  The utility stakeholder group must study alternative tracking system options, which must be submitted to the commissioner with the work plan by January 15, 2020.  The utility stakeholder group must meet regularly at the call of the chair.  Meetings of the utility stakeholder group are subject to chapter 13D.

 

Sec. 9.  Minnesota Statutes 2016, section 216B.2422, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the terms defined in this subdivision have the meanings given them.


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(b) "Utility" means an entity with the capability of generating 100,000 kilowatts or more of electric power and serving, either directly or indirectly, the needs of 10,000 retail customers in Minnesota.  Utility does not include federal power agencies.

 

(c) "Renewable energy" means electricity generated through use of any of the following resources:

 

(1) wind;

 

(2) solar;

 

(3) geothermal;

 

(4) hydro;

 

(5) trees or other vegetation;

 

(6) landfill gas; or

 

(7) predominantly organic components of wastewater effluent, sludge, or related by-products from publicly owned treatment works, but not including incineration of wastewater sludge.

 

(d) "Resource plan" means a set of resource options that a utility could use to meet the service needs of its customers over a forecast period, including an explanation of the supply and demand circumstances under which, and the extent to which, each resource option would be used to meet those service needs.  These resource options include using, refurbishing, and constructing utility plant and equipment, buying power generated by other entities, controlling customer loads, and implementing customer energy conservation.

 

(e) "Refurbish" means to rebuild or substantially modify an existing electricity generating resource of 30  megawatts or greater.

 

(f) "Energy storage system" means a commercially available technology that:

 

(1) uses mechanical, chemical, or thermal processes to:

 

(i) store energy, including energy generated from renewable resources and energy that would otherwise be wasted, and deliver the stored energy for use at a later time; or

 

(ii) store thermal energy for direct use for heating or cooling at a later time in a manner that reduces the demand for electricity at the later time;

 

(2) is composed of stationary equipment;

 

(3) if being used for electric grid benefits, is operationally visible and capable of being controlled by the distribution or transmission entity managing it, to enable and optimize the safe and reliable operation of the electric system; and

 

(4) achieves any of the following:

 

(i) reduces peak or electrical demand;

 

(ii) defers the need or substitutes for an investment in electric generation, transmission, or distribution assets;


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(iii) improves the reliable operation of the electrical transmission or distribution systems, while ensuring transmission or distribution needs are not created; or

 

(iv) lowers customer costs by storing energy when the cost of generating or purchasing it is low and delivering it to customers when those costs are high.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 10.  Minnesota Statutes 2016, section 216B.2422, is amended by adding a subdivision to read:

 

Subd. 7.  Energy storage systems assessment.  (a) Each public utility required to file a resource plan under subdivision 2 must include in the filing an assessment of energy storage systems that analyzes how the deployment of energy storage systems contributes to:

 

(1) meeting identified generation and capacity needs; and

 

(2) evaluating ancillary services.

 

(b) The assessment must employ appropriate modeling methods to enable the analysis required in paragraph (a).

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 11.  Minnesota Statutes 2017 Supplement, 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 $500,000 per fiscal year for performing its duties under section 216A.07, subdivision 3a.  The amount in this subdivision shall be assessed to energy utilities in proportion to their respective gross operating revenues from retail sales of gas or electric service within the state during the last calendar year and shall be deposited into an account in the special revenue fund and is appropriated to the commissioner of commerce for the purposes of section 216A.07, subdivision 3a.  An assessment made under this subdivision is not subject to the cap on assessments provided in subdivision 3 or any other law.  For the purpose of this subdivision, an "energy utility" means public utilities, generation and transmission cooperative electric associations, and municipal power agencies providing natural gas or electric service in the state.  This subdivision expires June 30, 2018 2019.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 12.  Minnesota Statutes 2017 Supplement, section 216C.417, subdivision 2, is amended to read:

 

Subd. 2.  Appropriation.  (a) Unspent money remaining in the account established under Minnesota Statutes 2016, section 216C.412, on July 1, 2017, must be transferred to the renewable development account in the special revenue fund established under Minnesota Statutes, section 116C.779, subdivision 1.

 

(b) There is annually appropriated from the renewable development account in the special revenue fund established in Minnesota Statutes, section 116C.779, to the commissioner of commerce money sufficient to make the incentive payments required under Minnesota Statutes 2016, section 216C.415.  Any funds appropriated under this paragraph that are unexpended at the end of a fiscal year must be transferred to the commissioner of employment and economic development as provided under section 116C.7793, subdivision 5.  Any funds remaining after the transfer under this paragraph cancel to the renewable development account.


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(c) Notwithstanding Minnesota Statutes 2016, section 216C.412, subdivision 1, none of this appropriation may be used for administrative costs.

 

Sec. 13.  Minnesota Statutes 2016, section 216D.04, is amended by adding a subdivision to read:

 

Subd. 5.  Contact information required.  (a) An operator must furnish accurate contact information necessary for underground facility damage prevention and damage response requested by the notification center.

 

(b) The contact information for each affected operator must be available to the excavator that provided notice under subdivision 1.

 

Sec. 14.  Laws 2017, chapter 94, article 10, section 28, is amended to read:

 

Sec. 28.  PROGRAM ADMINISTRATION; "MADE IN MINNESOTA" SOLAR THERMAL REBATES.

 

(a) No rebate may be paid under Minnesota Statutes 2016, section 216C.416, to an owner of a solar thermal system whose application was approved by the commissioner of commerce after the effective date of this act.

 

(b) Unspent money remaining in the account established under Minnesota Statutes 2014, section 216C.416, as of July 2, 2017, must be transferred to the C-LEAF renewable development account established under Minnesota Statutes 2016, section 116C.779, subdivision 1.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 15.  Laws 2017, chapter 94, article 10, section 29, is amended to read:

 

Sec. 29.  RENEWABLE DEVELOPMENT ACCOUNT; TRANSFER OF UNEXPENDED GRANT FUNDS.

 

(a) No later than 30 days after the effective date of this section, the utility subject to Minnesota Statutes, section 116C.779, subdivision 1, must notify in writing each person who received a grant funded from the renewable development account previously established under that subdivision:

 

(1) after January 1, 2012; and

 

(2) before January 1, 2012, if the funded project remains incomplete as of the effective date of this section.

 

The notice must contain the provisions of this section and instructions directing grant recipients how unexpended funds can be transferred to the clean energy advancement fund renewable development account.

 

(b) A recipient of a grant from the renewable development account previously established under Minnesota Statutes, section 116C.779, subdivision 1, must, no later than 30 days after receiving the notice required under paragraph (a), transfer any grant funds that remain unexpended as of the effective date of this section to the clean energy advancement fund renewable development account if, by that effective date, all of the following conditions are met:

 

(1) the grant was awarded more than five years before the effective date of this section;

 

(2) the grant recipient has failed to obtain control of the site on which the project is to be constructed;


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(3) the grant recipient has failed to secure all necessary permits or approvals from any unit of government with respect to the project; and

 

(4) construction of the project has not begun.

 

(c) A recipient of a grant from the renewable development account previously established under Minnesota Statutes, section 116C.779, subdivision 1, must transfer any grant funds that remain unexpended five years after the grant funds are received by the grant recipient if, by that date, the conditions in paragraph (b), clauses (2) to (4), have been met.  The grant recipient must transfer the unexpended funds no later than 30 days after the fifth anniversary of the receipt of the grant funds.

 

(d) A person who transfers funds to the clean energy advancement fund renewable development account under this section is eligible to apply for funding from the clean energy advancement fund renewable development account.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 16.  BIOMASS BUSINESS COMPENSATION.

 

Subdivision 1.  Office of Administrative Hearings; claims process.  The chief administrative law judge of the Office of Administrative Hearings must name an administrative law judge to administer a claims award process to compensate businesses negatively affected by the sale and closure of the biomass plant identified under Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e).  The administrative law judge may establish a process, including the development of application forms, to consider claims for affected businesses and issue awards to eligible businesses.  An application form developed for the process must, at a minimum, require the name of the business, the business address and telephone number, and the name of a contact person.

 

Subd. 2.  Eligibility.  To be eligible for compensation, an affected business must verify that as of May 1, 2017, it was operating under the terms of a valid contract or provide other documentation demonstrating an ongoing business relationship of preparing, supplying, or transporting products, fuel, or by-products to or from either the company operating the biomass plant identified under Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e), or a fertilizer plant integrated with the biomass plant identified under Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e).

 

Subd. 3.  Calculating award.  (a) An eligible business may make a claim for compensation based on decreased net revenue and the loss of value of investments in real or personal property essential to business operations with the biomass plant identified under Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e).  All such losses must be attributable to the termination of the contract under Minnesota Statutes, section 216B.2424, subdivision 9.

 

(b) When filing a claim of decreased net revenue, an eligible business must demonstrate the extent of its decreased business activity by providing copies of any contracts or other documentation under subdivision 2, including financial statements showing the eligible business's financial performance over the past five years for supplying or managing material for, or receiving material from, the biomass plant identified under Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e).  The business must also present evidence of any alternative business opportunities it has pursued or could pursue to mitigate the loss of revenue from the termination of the contract, as the value of alternative opportunities offsets compensation provided under this section.

 

(c) In filing a claim of loss of value of investments in real or personal property, an eligible business must provide:


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(1) evidence that the property was essential to fulfilling the contract with the biomass plant identified under Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e);

 

(2) evidence that the eligible business is unable to fully repurpose the property to another productive use after the termination of the contract under Minnesota Statutes, section 216B.2424, subdivision 9; and

 

(3) documentation of the eligible business's investment in the property, minus any economic depreciation.

 

An eligible business must also provide a valuation of the use, sales, salvage, or scrap value of the property for which the loss is claimed, as the value of the property offsets compensation provided under this section.

 

(d) A business seeking compensation under this section must report any payment received from business interruption insurance policies, settlements, or other forms of compensation related to the termination of the contract of the biomass plant identified under Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e).  All payments identified in this paragraph offset compensation provided under this section.

 

(e) A business seeking compensation under this section must provide any other documentation it deems appropriate, or as required by the administrative law judge, to support its claim, including a narrative of the facts of the business claim that gives rise to the request for compensation.

 

(f) Regardless of actual losses, an award of compensation must not exceed the average of the eligible business's annual net revenue generated from a contract or business relationship with the biomass plant identified under Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e), for the past five years, multiplied by two.

 

(g) Minnesota Statutes, section 13.591, applies to data submitted by a business requesting compensation under this section.

 

Subd. 4.  Priority.  (a) The administrative law judge may give priority to claims by eligible businesses that demonstrate a significant effort to:

 

(1) mitigate losses resulting from the closure of the biomass plant identified under Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e); or

 

(2) repurpose the business for another use through retasking and retooling.

 

(b) The administrative law judge must consider whether a business requests compensation for a total business loss without mitigation efforts when determining awards under this section.

 

Subd. 5.  Amount of claim.  Any claim is limited by and proportional to the amount provided for compensation in the biomass business compensation fund established in section 17, and the number of claimants.

 

Subd. 6.  Deadlines.  The administrative law judge must make an application process for compensation available by August 1, 2018.  A business seeking to submit a request for compensation under this section must file claims with the administrative law judge within 60 days following closure of the biomass plant.  The administrative law judge must issue award determination orders within 180 days after the deadline for filing claims.

 

Subd. 7.  Appeals.  Orders issued by the administrative law judge under this section are final.  An order denying compensation claimed under this section is subject to the contested case review procedures under Minnesota Statutes, chapter 14.


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Subd. 8.  Expiration.  This section expires June 30, 2021.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 17.  BIOMASS BUSINESS COMPENSATION ACCOUNT.

 

Subdivision 1.  Account established.  A biomass business compensation account is established as a separate account in the special revenue fund in the state treasury.  Appropriations and transfers to the account must be credited to the account.  Earnings, such as interest, and any other earnings arising from the assets of the account are credited to the account.  Funds remaining in the account as of December 31, 2020, must be transferred to the renewable development account established under Minnesota Statutes, section 116C.779.

 

Subd. 2.  Funding for the special account.  Notwithstanding Minnesota Statutes, section 116C.779, subdivision 1, paragraph (k), on July 1, 2019, $40,000,000 must be transferred from the renewable development account under Minnesota Statutes, section 116C.779, to the biomass business compensation account established under subdivision 1.  The transferred funds are appropriated to pay eligible obligations under the biomass business compensation program established under section 16.

 

Subd. 3.  Payment of expenses.  Beginning on July 1, 2019, the chief administrative law judge must certify to the commissioner of management and budget the total costs incurred to administer the biomass business compensation claims process.  The commissioner of management and budget must transfer an amount equal to the certified costs incurred for biomass business compensation claim activities from the renewable development account under Minnesota Statutes, section 116C.779, and deposit it to the administrative hearings account under Minnesota Statutes, section 14.54.  Transfers may occur quarterly, based on quarterly cost and revenue reports, throughout the fiscal year, with final certification and reconciliation after each fiscal year.  The total amount transferred under this subdivision must not exceed $200,000.

 

Subd. 4.  Expiration.  This section expires June 30, 2021.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 18.  REPORT; COST-BENEFIT ANALYSIS OF ENERGY STORAGE SYSTEMS.

 

(a) The commissioner of commerce must contract with an independent consultant selected through a request for proposal process to produce a report analyzing the potential costs and benefits of energy storage systems, as defined in Minnesota Statutes, section 216B.2422, subdivision 1, in Minnesota.  The study may also include scenarios examining energy storage systems that are not capable of being controlled by a utility.  The commissioner must engage a broad group of Minnesota stakeholders, including electric utilities and others, to develop and provide information for the report.  The study must:

 

(1) identify and measure the different potential costs and savings produced by energy storage system deployment, including but not limited to:

 

(i) generation, transmission, and distribution facilities asset deferral or substitution;

 

(ii) impacts on ancillary services costs;

 

(iii) impacts on transmission and distribution congestion;

 

(iv) impacts on peak power costs;


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(v) impacts on emergency power supplies during outages;

 

(vi) impacts on curtailment of renewable energy generators; and

 

(vii) reduced greenhouse gas emissions;

 

(2) analyze and estimate the:

 

(i) costs and savings to customers that deploy energy storage systems;

 

(ii) impact on the utility's ability to integrate renewable resources;

 

(iii) impact on grid reliability and power quality; and

 

(iv) effect on retail electric rates over the useful life of a given energy storage system compared to providing the same services using other facilities or resources;

 

(3) consider the findings of analysis conducted by the Midcontinent Independent System Operator on energy storage capacity accreditation and participation in regional energy markets, including updates of the analysis; and

 

(4) include case studies of existing energy storage applications currently providing the benefits described in clauses (1) and (2).

 

(b) By May 1, 2019, the commissioner of commerce must submit the study to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over energy policy and finance.

 

Sec. 19.  REPEALER.

 

Minnesota Statutes 2016, section 216B.2423, is repealed.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

ARTICLE 6

JOBS AND ECONOMIC GROWTH

 

Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are added to the appropriations in Laws 2017, chapter 94, and 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 year indicated for each purpose.  The figures "2018" and "2019" used in this article mean that the addition to the appropriations listed under them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.  "The first year" is fiscal year 2018.  "The second year" is fiscal year 2019.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT

 

 

 

 

Subdivision 1.  Total Appropriation

 

$-0-

 

$16,550,000


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Appropriations by Fund

 

 

 

2018

 

2019

 

General

-0-

16,500,000

 

Workforce Development

-0-

50,000

 

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Business and Community Development

 

-0-

 

1,500,000

 

$1,500,000 in fiscal year 2019 is for a grant to the city of Cambridge for costs associated with relocating and constructing a propane distribution facility and for costs associated with demolition, cleanup and restoration of the existing propane facility.  Eligible costs include:  land acquisition, site preparation and improvements, moving expenses, building construction, rail construction, rail switch construction, demolition, environmental remediation, engineering, and other necessary site improvements.  This is a onetime appropriation and is available until the project is completed or abandoned subject to Minnesota Statutes, section 16A.642.

 

Subd. 3.  Broadband Development

 

-0-

 

15,000,000

 

$15,000,000 in fiscal year 2019 is for transfer to the border-to-border broadband fund account in the special revenue fund established under Minnesota Statutes, section 116J.396 and may be used for purposes provided in Minnesota Statutes, section 116J.395.  This appropriation is onetime and is available until spent.  Of this appropriation, up to three percent 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:

 

(1) 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;

 

(2) analyzing the deployment data collected to help inform future investments in broadband infrastructure; and

 

(3) conducting business and residential surveys that measure broadband adoption and use in the state.

 

Data provided by a broadband provider under this subdivision is nonpublic data under Minnesota Statutes, section 13.02, subdivision 9.  Maps produced under this subdivision are public data under Minnesota Statutes, section 13.03.


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Subd. 4.  Workforce Development

 

-0-

 

50,000

 

$50,000 in fiscal year 2019 is from the workforce development fund for a grant to the Cook County Higher Education Board to provide educational programming and academic support services to remote regions in northeastern Minnesota.  This is a onetime appropriation and is in addition to other funds previously appropriated to the board.

 

Sec. 3.  DEPARTMENT OF COMMERCE

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$-0-

 

$150,000

 

Appropriations by Fund

 

 

2018

2019

 

Special Revenue

-0-

150,000

 

Subd. 2.  Energy Resources

 

$-0-

 

$150,000

 

Appropriations by Fund

 

 

2018

2019

 

Special Revenue

-0-

150,000

 

$150,000 the second year is from the renewable development account in the special revenue fund established in Minnesota Statutes, section 116C.779, subdivision 1, to conduct an energy storage systems cost-benefit analysis.  This is a onetime appropriation.

 

Sec. 4.  Laws 2017, chapter 94, article 1, section 2, subdivision 2, as amended by Laws 2017, First Special Session chapter 7, section 2, is amended to read:

 

Subd. 2.  Business and Community Development

$46,074,000

 

$40,935,000 39,435,000

 

Appropriations by Fund

 

General

$43,363,000

$38,424,000 $36,924,000

Remediation

$700,000

$700,000

Workforce Development

$1,861,000

$1,811,000

Special Revenue

$150,000

-0-

 

(a) $4,195,000 each year is for the Minnesota job skills partnership program under Minnesota Statutes, sections 116L.01 to 116L.17.  If the appropriation for either year is insufficient, the appropriation for the other year is available.  This appropriation is available until spent.


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(b) $750,000 each year is for grants to the Neighborhood Development Center for small business programs:

 

(1) training, lending, and business services;

 

(2) model outreach and training in greater Minnesota; and

 

(3) development of new business incubators.

 

This is a onetime appropriation.

 

(c) $1,175,000 each year is for a grant to the Metropolitan Economic Development Association (MEDA) for statewide business development and assistance services, including services to entrepreneurs with businesses that have the potential to create job opportunities for unemployed and underemployed people, with an emphasis on minority-owned businesses.  This is a onetime appropriation.

 

(d) $125,000 each year is for a grant to the White Earth Nation for the White Earth Nation Integrated Business Development System to provide business assistance with workforce development, outreach, technical assistance, infrastructure and operational support, financing, and other business development activities.  This is a onetime appropriation.

 

(e)(1) $12,500,000 each year is for the Minnesota investment fund under Minnesota Statutes, section 116J.8731.  Of this amount, the commissioner of employment and economic development may use up to three percent for administration and monitoring of the program.  This appropriation is available until spent.

 

(2) Of the amount appropriated in fiscal year 2018, $4,000,000 is for a loan to construct and equip a wholesale electronic component distribution center investing a minimum of $200,000,000 and constructing a facility at least 700,000 square feet in size.  Loan funds may be used for purchases of materials, supplies, and equipment for the construction of the facility and are available from July 1, 2017, to June 30, 2021.  The commissioner of employment and economic development shall forgive the loan after verification that the project has satisfied performance goals and contractual obligations as required under Minnesota Statutes, section 116J.8731.

 

(3) Of the amount appropriated in fiscal year 2018, $700,000 is for a loan to extend an effluent pipe that will deliver reclaimed water to an innovative waste-to-biofuel project investing a minimum of $150,000,000 and constructing a facility that is designed to process approximately 400,000 tons of waste annually.  Loan funds are available until June 30, 2021.


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(4) Of the amount appropriated in fiscal year 2019, $1,000,000 is for a grant to the city of Minnetonka for a forgivable loan to a high-risk, high-return jobs retention and creation initiative to be conducted by a local business that produces lactic acid/lactate, to help grow and expand the bioeconomy in Minnesota.  The grant under this section is not subject to the limitations under Minnesota Statutes, section 116J.8731, subdivision 5, or the performance goals, contractual obligations, and other requirements under Minnesota Statutes, sections 116J.8731, subdivision 7; 116J.993; and 116J.994.  Grant funds are available until June 30, 2021.

 

(5) Of the amount appropriated in fiscal year 2019, $1,000,000 is for a loan to a paper mill in Duluth to support the operation and manufacture of packaging paper grades.  The company that owns the paper mill must spend $15,000,000 on expansion activities by December 31, 2019, in order to be eligible to receive funds in this appropriation.  This appropriation is onetime and may be used for the mill's equipment, materials, supplies, and other operating expenses.  The commissioner of employment and economic development shall forgive a portion of the loan each year after verification that the mill has retained 195 full-time jobs over a period of five years and has satisfied other performance goals and contractual obligations as required under Minnesota Statutes, section 116J.8731.

 

(f) $8,500,000 each year is in fiscal year 2018 and $7,000,000 in fiscal year 2019 are 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.  In fiscal year 2020 and beyond, the base amount is $8,000,000.

 

(g) $1,647,000 each year is for contaminated site cleanup and development grants under Minnesota Statutes, sections 116J.551 to 116J.558.  This appropriation is available until spent.  In fiscal year 2020 and beyond, the base amount is $1,772,000.

 

(h) $12,000 each year is for a grant to the Upper Minnesota Film Office.

 

(i) $163,000 each year is for the Minnesota Film and TV Board.  The appropriation in each year is available only upon receipt by the board of $1 in matching contributions of money or in-kind contributions from nonstate sources for every $3 provided by this appropriation, except that each year up to $50,000 is available on July 1 even if the required matching contribution has not been received by that date.

 

(j) $500,000 each year is from the general fund for a grant to the Minnesota Film and TV Board for the film production jobs program under Minnesota Statutes, section 116U.26.  This appropriation is available until June 30, 2021.


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(k) $139,000 each year is for a grant to the Rural Policy and Development Center under Minnesota Statutes, section 116J.421.

 

(l)(1) $1,300,000 each year is for the greater Minnesota business development public infrastructure grant program under Minnesota Statutes, section 116J.431.  This appropriation is available until spent.  If the appropriation for either year is insufficient, the appropriation for the other year is available.  In fiscal year 2020 and beyond, the base amount is $1,787,000.  Funds available under this paragraph may be used for site preparation of property owned and to be used by private entities.

 

(2) Of the amounts appropriated, $1,600,000 in fiscal year 2018 is for a grant to the city of Thief River Falls to support utility extensions, roads, and other public improvements related to the construction of a wholesale electronic component distribution center at least 700,000 square feet in size and investing a minimum of $200,000,000.  Notwithstanding Minnesota Statutes, section 116J.431, a local match is not required.  Grant funds are available from July 1, 2017, to June 30, 2021.

 

(m) $876,000 the first year and $500,000 the second year are for the Minnesota emerging entrepreneur loan program under Minnesota Statutes, section 116M.18.  Funds available under this paragraph are for transfer into the emerging entrepreneur program special revenue fund account created under Minnesota Statutes, chapter 116M, and are available until spent.  Of this amount, up to four percent is for administration and monitoring of the program.  In fiscal year 2020 and beyond, the base amount is $1,000,000.

 

(n) $875,000 each year is for a grant to Enterprise Minnesota, Inc. for the small business growth acceleration program under Minnesota Statutes, section 116O.115.  This is a onetime appropriation.

 

(o) $250,000 in fiscal year 2018 is for a grant to the Minnesota Design Center at the University of Minnesota for the greater Minnesota community design pilot project.

 

(p) $275,000 in fiscal year 2018 is from the general fund to the commissioner of employment and economic development for a grant to Community and Economic Development Associates (CEDA) for an economic development study and analysis of the effects of current and projected economic growth in southeast Minnesota.  CEDA shall report on the findings and recommendations of the study to the committees of the house of representatives and senate with jurisdiction over economic development and workforce issues by February 15, 2019.  All results and information gathered from the study shall be made available for use by cities in southeast Minnesota by March 15, 2019.  This appropriation is available until June 30, 2020.


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(q) $2,000,000 in fiscal year 2018 is for a grant to Pillsbury United Communities for construction and renovation of a building in north Minneapolis for use as the "North Market" grocery store and wellness center, focused on offering healthy food, increasing health care access, and providing job creation and economic opportunities in one place for children and families living in the area.  To the extent possible, Pillsbury United Communities shall employ individuals who reside within a five mile radius of the grocery store and wellness center.  This appropriation is not available until at least an equal amount of money is committed from nonstate sources.  This appropriation is available until the project is completed or abandoned, subject to Minnesota Statutes, section 16A.642.

 

(r) $1,425,000 each year is for the business development competitive grant program.  Of this amount, up to five percent is for administration and monitoring of the business development competitive grant program.  All grant awards shall be for two consecutive years.  Grants shall be awarded in the first year.

 

(s) $875,000 each year is for the host community economic development grant program established in Minnesota Statutes, section 116J.548.

 

(t) $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 spent.

 

(u) $161,000 each year is from the workforce development fund for a grant to the Rural Policy and Development Center.  This is a onetime appropriation.

 

(v) $300,000 each year is from the workforce development fund for a grant to Enterprise Minnesota, Inc. This is a onetime appropriation.

 

(w) $50,000 in fiscal year 2018 is from the workforce development fund for a grant to Fighting Chance for behavioral intervention programs for at-risk youth.

 

(x) $1,350,000 each year is from the workforce development fund for job training grants under Minnesota Statutes, section 116L.42.

 

(y)(1) $519,000 in fiscal year 2018 is for grants to local communities to increase the supply of quality child care providers in order to support economic development.  At least 60 percent of grant funds must go to communities located outside of the seven-county metropolitan area, as defined under Minnesota Statutes, section 473.121, subdivision 2.  Grant recipients must obtain a 50 percent nonstate match to grant funds in either cash or in-kind


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contributions.  Grant funds available under this paragraph must be used to implement solutions to reduce the child care shortage in the state including but not limited to funding for child care business start-ups or expansions, training, facility modifications or improvements required for licensing, and assistance with licensing and other regulatory requirements.  In awarding grants, the commissioner must give priority to communities that have documented a shortage of child care providers in the area.

 

(2) Within one year of receiving grant funds, grant recipients must report to the commissioner on the outcomes of the grant program including but not limited to the number of new providers, the number of additional child care provider jobs created, the number of additional child care slots, and the amount of local funds invested.

 

(3) By January 1 of each year, starting in 2019, the commissioner must report to the standing committees of the legislature having jurisdiction over child care and economic development on the outcomes of the program to date.

 

(z) $319,000 in fiscal year 2018 is from the general fund for a grant to the East Phillips Improvement Coalition to create the East Phillips Neighborhood Institute (EPNI) to expand culturally tailored resources that address small business growth and create green jobs.  The grant shall fund the collaborative work of Tamales y Bicicletas, Little Earth of the United Tribes, a nonprofit serving East Africans, and other coalition members towards developing EPNI as a community space to host activities including, but not limited to, creation and expansion of small businesses, culturally specific entrepreneurial activities, indoor urban farming, job training, education, and skills development for residents of this low-income, environmental justice designated neighborhood.  Eligible uses for grant funds include, but are not limited to, planning and start-up costs, staff and consultant costs, building improvements, rent, supplies, utilities, vehicles, marketing, and program activities.  The commissioner shall submit a report on grant activities and quantifiable outcomes to the committees of the house of representatives and the senate with jurisdiction over economic development by December 15, 2020.  This appropriation is available until June 30, 2020.

 

(aa) $150,000 the first year is from the renewable development account in the special revenue fund established in Minnesota Statutes, section 116C.779, subdivision 1, to conduct the biomass facility closure economic impact study.

 

(bb)(1) $300,000 in fiscal year 2018 is for a grant to East Side Enterprise Center (ESEC) to expand culturally tailored resources that address small business growth and job creation.  This appropriation is available until June 30, 2020.  The appropriation


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shall fund the work of African Economic Development Solutions, the Asian Economic Development Association, the Dayton's Bluff Community Council, and the Latino Economic Development Center in a collaborative approach to economic development that is effective with smaller, culturally diverse communities that seek to increase the productivity and success of new immigrant and minority populations living and working in the community.  Programs shall provide minority business growth and capacity building that generate wealth and jobs creation for local residents and business owners on the East Side of St. Paul.

 

(2) In fiscal year 2019 ESEC shall use funds to share its integrated service model and evolving collaboration principles with civic and economic development leaders in greater Minnesota communities which have diverse populations similar to the East Side of St. Paul.  ESEC shall submit a report of activities and program outcomes, including quantifiable measures of success annually to the house of representatives and senate committees with jurisdiction over economic development.

 

(cc) $150,000 in fiscal year 2018 is for a grant to Mille Lacs County for the purpose of reimbursement grants to small resort businesses located in the city of Isle with less than $350,000 in annual revenue, at least four rental units, which are open during both summer and winter months, and whose business was adversely impacted by a decline in walleye fishing on Lake Mille Lacs.

 

(dd)(1) $250,000 in fiscal year 2018 is for a grant to the Small Business Development Center hosted at Minnesota State University, Mankato, for a collaborative initiative with the Regional Center for Entrepreneurial Facilitation.  Funds available under this section must be used to provide entrepreneur and small business development direct professional business assistance services in the following counties in Minnesota:  Blue Earth, Brown, Faribault, Le Sueur, Martin, Nicollet, Sibley, Watonwan, and Waseca.  For the purposes of this section, "direct professional business assistance services" must include, but is not limited to, pre-venture assistance for individuals considering starting a business.  This appropriation is not available until the commissioner determines that an equal amount is committed from nonstate sources.  Any balance in the first year does not cancel and is available for expenditure in the second year.

 

(2) Grant recipients shall report to the commissioner by February 1 of each year and include information on the number of customers served in each county; the number of businesses started, stabilized, or expanded; the number of jobs created and retained; and business success rates in each county.  By April 1 of each year, the commissioner shall report the information submitted by grant recipients to the chairs of the standing committees of the house of representatives and the senate having jurisdiction over economic development issues.


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(ee) $500,000 in fiscal year 2018 is for the central Minnesota opportunity grant program established under Minnesota Statutes, section 116J.9922.  This appropriation is available until June 30, 2022.

 

(ff) $25,000 each year is for the administration of state aid for the Destination Medical Center under Minnesota Statutes, sections 469.40 to 469.47.

 

Sec. 5.  Laws 2017, chapter 94, article 1, section 2, subdivision 3, is amended to read:

 

Subd. 3.  Workforce Development

 

$31,498,000

 

$30,231,000

 

Appropriations by Fund

 

General

$6,239,000

$5,889,000

Workforce Development

$25,259,000

$24,342,000

 

(a) $500,000 each year is for the youth-at-work competitive grant program under Minnesota Statutes, section 116L.562.  Of this amount, up to five percent is for administration and monitoring of the youth workforce development competitive grant program.  All grant awards shall be for two consecutive years.  Grants shall be awarded in the first year.  In fiscal year 2020 and beyond, the base amount is $750,000.

 

(b) $250,000 each year is for pilot programs in the workforce service areas to combine career and higher education advising.

 

(c) $500,000 each year is for rural career counseling coordinator positions in the workforce service areas and for the purposes specified in Minnesota Statutes, section 116L.667.  The commissioner of employment and economic development, in consultation with local workforce investment boards and local elected officials in each of the service areas receiving funds, shall develop a method of distributing funds to provide equitable services across workforce service areas.

 

(d) $1,000,000 each year is for a grant to the Construction Careers Foundation for the construction career pathway initiative to provide year-round educational and experiential learning opportunities for teens and young adults under the age of 21 that lead to careers in the construction industry.  This is a onetime appropriation.  Grant funds must be used to:

 

(1) increase construction industry exposure activities for middle school and high school youth, parents, and counselors to reach a more diverse demographic and broader statewide audience.  This requirement includes, but is not limited to, an expansion of programs to provide experience in different crafts to youth and young adults throughout the state;


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(2) increase the number of high schools in Minnesota offering construction classes during the academic year that utilize a multicraft curriculum;

 

(3) increase the number of summer internship opportunities;

 

(4) enhance activities to support graduating seniors in their efforts to obtain employment in the construction industry;

 

(5) increase the number of young adults employed in the construction industry and ensure that they reflect Minnesota's diverse workforce; and

 

(6) enhance an industrywide marketing campaign targeted to youth and young adults about the depth and breadth of careers within the construction industry.

 

Programs and services supported by grant funds must give priority to individuals and groups that are economically disadvantaged or historically underrepresented in the construction industry, including but not limited to women, veterans, and members of minority and immigrant groups.

 

(e) $1,539,000 each year from the general fund and $4,604,000 each year from the workforce development fund are for the Pathways to Prosperity adult workforce development competitive grant program.  Of this amount, up to four percent is for administration and monitoring of the program.  When awarding grants under this paragraph, the commissioner of employment and economic development may give preference to any previous grantee with demonstrated success in job training and placement for hard-to-train individuals.  In fiscal year 2020 and beyond, the general fund base amount for this program is $4,039,000.

 

(f) $750,000 each year is for a competitive grant program to provide grants to organizations that provide support services for individuals, such as job training, employment preparation, internships, job assistance to fathers, financial literacy, academic and behavioral interventions for low-performing students, and youth intervention.  Grants made under this section must focus on low-income communities, young adults from families with a history of intergenerational poverty, and communities of color.  Of this amount, up to four percent is for administration and monitoring of the program.  In fiscal year 2020 and beyond, the base amount is $1,000,000.

 

(g) $500,000 each year is for the women and high-wage, high-demand, nontraditional jobs grant program under Minnesota Statutes, section 116L.99.  Of this amount, up to five percent is for administration and monitoring of the program.  In fiscal year 2020 and beyond, the base amount is $750,000.


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(h) $500,000 each year is for a competitive grant program for grants to organizations providing services to relieve economic disparities in the Southeast Asian community through workforce recruitment, development, job creation, assistance of smaller organizations to increase capacity, and outreach.  Of this amount, up to five percent is for administration and monitoring of the program.  In fiscal year 2020 and beyond, the base amount is $1,000,000.

 

(i) $250,000 each year is for a grant to the American Indian Opportunities and Industrialization Center, in collaboration with the Northwest Indian Community Development Center, to reduce academic disparities for American Indian students and adults.  This is a onetime appropriation.  The grant funds may be used to provide:

 

(1) student tutoring and testing support services;

 

(2) training in information technology;

 

(3) assistance in obtaining a GED;

 

(4) remedial training leading to enrollment in a postsecondary higher education institution;

 

(5) real-time work experience in information technology fields; and

 

(6) contextualized adult basic education.

 

After notification to the legislature, the commissioner may transfer this appropriation to the commissioner of education.

 

(j) $100,000 each year is for the getting to work grant program.  This is a onetime appropriation and is available until June 30, 2021.

 

(k) $525,000 each year is from the workforce development fund for a grant to the YWCA of Minneapolis to provide economically challenged individuals the job skills training, career counseling, and job placement assistance necessary to secure a child development associate credential and to have a career path in early childhood education.  This is a onetime appropriation.

 

(l) $1,350,000 each year is from the workforce development fund for a grant to the Minnesota High Tech Association to support SciTechsperience, a program that supports science, technology, engineering, and math (STEM) internship opportunities for two- and four-year college students and graduate students in their field of study.  The internship opportunities must match students with paid internships within STEM disciplines at small, for-profit companies located in Minnesota, having fewer than 250 employees worldwide.  At least 300 students must be matched in the first year


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and at least 350 students must be matched in the second year.  No more than 15 percent of the hires may be graduate students.  Selected hiring companies shall receive from the grant 50 percent of the wages paid to the intern, capped at $2,500 per intern.  The program must work toward increasing the participation of women or other underserved populations.  This is a onetime appropriation.

 

(m) $450,000 each year is from the workforce development fund for grants to Minnesota Diversified Industries, Inc. to provide progressive development and employment opportunities for people with disabilities.  This is a onetime appropriation.

 

(n) $500,000 each year is from the workforce development fund for a grant to Resource, Inc. to provide low-income individuals career education and job skills training that are fully integrated with chemical and mental health services.  This is a onetime appropriation.

 

(o) $750,000 each year is from the workforce development fund for a grant to the Minnesota Alliance of Boys and Girls Clubs to administer a statewide project of youth job skills and career development.  This project, which may have career guidance components including health and life skills, is designed to encourage, train, and assist youth in early access to education and job-seeking skills, work-based learning experience including career pathways in STEM learning, career exploration and matching, and first job placement through local community partnerships and on-site job opportunities.  This grant requires a 25 percent match from nonstate resources.  This is a onetime appropriation.

 

(p) $215,000 each year is from the workforce development fund for grants to Big Brothers, Big Sisters of the Greater Twin Cities for workforce readiness, employment exploration, and skills development for youth ages 12 to 21.  The grant must serve youth in the Twin Cities, Central Minnesota, and Southern Minnesota Big Brothers, Big Sisters chapters.  This is a onetime appropriation.

 

(q) $250,000 each year is from the workforce development fund for a grant to YWCA St. Paul to provide job training services and workforce development programs and services, including job skills training and counseling.  This is a onetime appropriation.

 

(r) $1,000,000 each year is from the workforce development fund for a grant to EMERGE Community Development, in collaboration with community partners, for services targeting Minnesota communities with the highest concentrations of African and African-American joblessness, based on the most recent census tract data, to provide employment readiness training, credentialed training placement, job placement and retention


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services, supportive services for hard-to-employ individuals, and a general education development fast track and adult diploma program.  This is a onetime appropriation.

 

(s) $1,000,000 each year is from the workforce development fund for a grant to the Minneapolis Foundation for a strategic intervention program designed to target and connect program participants to meaningful, sustainable living-wage employment.  This is a onetime appropriation.

 

(t) $750,000 each year is from the workforce development fund for a grant to Latino Communities United in Service (CLUES) to expand culturally tailored programs that address employment and education skill gaps for working parents and underserved youth by providing new job skills training to stimulate higher wages for low-income people, family support systems designed to reduce intergenerational poverty, and youth programming to promote educational advancement and career pathways.  At least 50 percent of this amount must be used for programming targeted at greater Minnesota.  This is a onetime appropriation.

 

(u) $600,000 each year is from the workforce development fund for a grant to Ujamaa Place for job training, employment preparation, internships, education, training in the construction trades, housing, and organizational capacity building.  This is a onetime appropriation.

 

(v) $1,297,000 in the first year and $800,000 in the second year are from the workforce development fund for performance grants under Minnesota Statutes, section 116J.8747, to Twin Cities R!SE to provide training to hard-to-train individuals.  Of the amounts appropriated, $497,000 in fiscal year 2018 is for a grant to Twin Cities R!SE, in collaboration with Metro Transit and Hennepin Technical College for the Metro Transit technician training program.  This is a onetime appropriation and funds are available until June 30, 2020.

 

(w) $230,000 in fiscal year 2018 is from the workforce development fund for a grant to the Bois Forte Tribal Employment Rights Office (TERO) for an American Indian workforce development training pilot project.  This is a onetime appropriation and is available until June 30, 2019.  Funds appropriated the first year are available for use in the second year of the biennium.

 

(x) $40,000 in fiscal year 2018 is from the workforce development fund for a grant to the Cook County Higher Education Board to provide educational programming and academic support services to remote regions in northeastern Minnesota.  This appropriation is in addition to other funds previously appropriated to the board.


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(y) $250,000 each year is from the workforce development fund for a grant to Bridges to Healthcare to provide career education, wraparound support services, and job skills training in high-demand health care fields to low-income parents, nonnative speakers of English, and other hard-to-train individuals, helping families build secure pathways out of poverty while also addressing worker shortages in one of Minnesota's most innovative industries.  Funds may be used for program expenses, including, but not limited to, hiring instructors and navigators; space rental; and supportive services to help participants attend classes, including assistance with course fees, child care, transportation, and safe and stable housing.  In addition, up to five percent of grant funds may be used for Bridges to Healthcare's administrative costs.  This is a onetime appropriation and is available until June  30, 2020.

 

(z) $500,000 each year is from the workforce development fund for a grant to the Nonprofits Assistance Fund to provide capacity-building grants to small, culturally specific organizations that primarily serve historically underserved cultural communities.  Grants may only be awarded to nonprofit organizations that have an annual organizational budget of less than $500,000 and are culturally specific organizations that primarily serve historically underserved cultural communities.  Grant funds awarded must be used for:

 

(1) organizational infrastructure improvement, including developing database management systems and financial systems, or other administrative needs that increase the organization's ability to access new funding sources;

 

(2) organizational workforce development, including hiring culturally competent staff, training and skills development, and other methods of increasing staff capacity; or

 

(3) creation or expansion of partnerships with existing organizations that have specialized expertise in order to increase the capacity of the grantee organization to improve services for the community.  Of this amount, up to five percent may be used by the Nonprofits Assistance Fund for administration costs and providing technical assistance to potential grantees.  This is a onetime appropriation.

 

(aa) $4,050,000 each year is from the workforce development fund for the Minnesota youth program under Minnesota Statutes, sections 116L.56 and 116L.561.

 

(bb) $1,000,000 each year is from the workforce development fund for the youthbuild program under Minnesota Statutes, sections 116L.361 to 116L.366.


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(cc) $3,348,000 each year is from the workforce development fund for the "Youth at Work" youth workforce development competitive grant program.  Of this amount, up to five percent is for administration and monitoring of the youth workforce development competitive grant program.  All grant awards shall be for two consecutive years.  Grants shall be awarded in the first year.

 

(dd) $500,000 each year is from the workforce development fund for the Opportunities Industrialization Center programs.

 

(ee) $750,000 each year is from the workforce development fund for a grant to Summit Academy OIC to expand its contextualized GED and employment placement program.  This is a onetime appropriation.

 

(ff) $500,000 each year is from the workforce development fund for a grant to Goodwill-Easter Seals Minnesota and its partners.  The grant shall be used to continue the FATHER Project in Rochester, Park Rapids, St. Cloud, Minneapolis, and the surrounding areas to assist fathers in overcoming barriers that prevent fathers from supporting their children economically and emotionally.  This is a onetime appropriation.

 

(gg) $150,000 each year is from the workforce development fund for displaced homemaker programs under Minnesota Statutes, section 116L.96.  The commissioner shall distribute the funds to existing nonprofit and state displaced homemaker programs.  This is a onetime appropriation.

 

(hh)(1) $150,000 in fiscal year 2018 is from the workforce development fund for a grant to Anoka County to develop and implement a pilot program to increase competitive employment opportunities for transition-age youth ages 18 to 21.

 

(2) The competitive employment for transition-age youth pilot program shall include career guidance components, including health and life skills, to encourage, train, and assist transition-age youth in job-seeking skills, workplace orientation, and job site knowledge.

 

(3) In operating the pilot program, Anoka County shall collaborate with schools, disability providers, jobs and training organizations, vocational rehabilitation providers, and employers to build upon opportunities and services, to prepare transition-age youth for competitive employment, and to enhance employer connections that lead to employment for the individuals served.

 

(4) Grant funds may be used to create an on-the-job training incentive to encourage employers to hire and train qualifying individuals.  A participating employer may receive up to 50 percent of the wages paid to the employee as a cost reimbursement for on-the-job training provided.


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(ii) $500,000 each year is from the workforce development fund for rural career counseling coordinator positions in the workforce service areas and for the purposes specified in Minnesota Statutes, section 116L.667.  The commissioner of employment and economic development, in consultation with local workforce investment boards and local elected officials in each of the service areas receiving funds, shall develop a method of distributing funds to provide equitable services across workforce service areas.

 

(jj) In calendar year 2017, the public utility subject to Minnesota Statutes, section 116C.779, must withhold $1,000,000 from the funds required to fulfill its financial commitments under Minnesota Statutes, section 116C.779, subdivision 1, and pay such amounts to the commissioner of employment and economic development for deposit in the Minnesota 21st century fund under Minnesota Statutes, section 116J.423.

 

(kk) $350,000 in fiscal year 2018 is for a grant to AccessAbility Incorporated to provide job skills training to individuals who have been released from incarceration for a felony-level offense and are no more than 12 months from the date of release.  AccessAbility Incorporated shall annually report to the commissioner on how the money was spent and the results achieved.  The report must include, at a minimum, information and data about the number of participants; participant homelessness, employment, recidivism, and child support compliance; and training provided to program participants.

 

Sec. 6.  Laws 2017, chapter 94, article 1, section 4, subdivision 5, is amended to read:

 

Subd. 5.  General Support

 

6,239,000

 

6,539,000

 

Appropriations by Fund

 

Workforce Development Fund

 

200,000

 

500,000

Workers' Compensation

6,039,000

6,039,000

 

(a) Except as provided in paragraphs (b) and (c), this appropriation is from the workers' compensation fund.

 

(b) $200,000 in fiscal year 2018 is from the workforce development fund for the commissioner of labor and industry to convene and collaborate with stakeholders as provided under Minnesota Statutes, section 175.46, subdivision 3, and to develop youth skills training competencies for approved occupations.  This is a onetime appropriation.

 

(c) $500,000 in fiscal year 2019 is from the workforce development fund to administer the youth skills training program under Minnesota Statutes, section 175.46.  The commissioner shall


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award up to five grants each year to local partnerships located throughout the state, not to exceed $100,000 per local partnership grant.  The commissioner may use a portion up to five percent of this appropriation for administration of the grant program.  The base amount for this program is $500,000 $1,000,000 each year beginning in fiscal year 2020.

 

Sec. 7.  Laws 2017, chapter 94, article 1, section 6, is amended to read:

 

Sec. 6.  WORKERS' COMPENSATION COURT OF APPEALS

$1,913,000

 

$1,913,000 1,946,000

 

This appropriation is from the workers' compensation fund.

 

Sec. 8.  Laws 2017, chapter 94, article 1, section 7, subdivision 7, is amended to read:

 

Subd. 7.  Energy Resources

 

4,847,000

 

4,847,000

 

Appropriations by Fund

 

General

4,247,000

4,247,000

Special Revenue

600,000

600,000

 

(a) $150,000 each year is to remediate vermiculate insulation from households that are eligible for weatherization assistance under Minnesota's weatherization assistance program state plan under Minnesota Statutes, section 216C.264.  Remediation must be done in conjunction with federal weatherization assistance program services.

 

(b) $832,000 each year is for energy regulation and planning unit staff.

 

(c) $100,000 each year is from the renewable development account in the special revenue fund established in Minnesota Statutes, section 116C.779, subdivision 1, to administer the "Made in Minnesota" solar energy production incentive program in Minnesota Statutes, section 216C.417.  Any remaining unspent funds cancel back to the renewable development account at the end of the biennium.

 

(d) $500,000 each year is from the renewable development account in the special revenue fund established in Minnesota Statutes, section 116C.779, subdivision 1, for costs associated with any third-party expert evaluation of a proposal submitted in response to a request for proposal to the renewable development advisory group under Minnesota Statutes, section 116C.779, subdivision 1, paragraph (l).  No portion of this appropriation may be expended or retained by the commissioner of commerce.  Any funds appropriated under this paragraph that are unexpended at the end of a fiscal year cancel to the renewable development account.


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Sec. 9.  Laws 2017, chapter 94, article 1, section 9, is amended to read:

 

Sec. 9.  PUBLIC FACILITIES AUTHORITY

 

$1,800,000

 

$-0-

 

(a) $300,000 in fiscal year 2018 is for a grant to the city of New Trier to replace water infrastructure under Hogan Avenue, including related road reconstruction, and to acquire land for predesign, design, and construction of a storm water pond that will be colocated with the pond of the new subdivision.  This appropriation does not require a nonstate contribution.

 

(b) $600,000 in fiscal year 2018 is for a grant to the Ramsey/Washington Recycling and Energy Board to design, construct, and equip capital improvements to the Ramsey/Washington Recycling and Energy Center in Newport.

 

(c) $900,000 in fiscal year 2018 is for a grant to the Clear Lake-Clearwater Sewer Authority to remove and replace the existing wastewater treatment facility.  This project is intended to prevent the discharge of phosphorus into the Mississippi River.  This appropriation is not available until the commissioner of management and budget determines that at least $200,000 is committed to the project from nonstate sources and the authority has applied for at least two grants to offset the cost.  An amount equal to any grant money received by the authority must be returned to the general fund.  This appropriation is available until June 30, 2019.

 

ARTICLE 7

ECONOMIC DEVELOPMENT

 

Section 1.  Minnesota Statutes 2017 Supplement, section 298.227, is amended to read:

 

298.227 TACONITE ECONOMIC DEVELOPMENT FUND.

 

An amount equal to that distributed pursuant to each taconite producer's taxable production and qualifying sales under section 298.28, subdivision 9a, shall be held by the commissioner of Iron Range resources and rehabilitation in a separate taconite economic development fund for each taconite and direct reduced ore producer.  Money from the fund for each producer shall be released by the commissioner after review by a joint committee consisting of an equal number of representatives of the salaried employees and the nonsalaried production and maintenance employees of that producer.  The District 11 director of the United States Steelworkers of America, on advice of each local employee president, shall select the employee members.  In nonorganized operations, the employee committee shall be elected by the nonsalaried production and maintenance employees.  The review must be completed no later than six months after the producer presents a proposal for expenditure of the funds to the committee.  The funds held pursuant to this section may be released only for workforce development and associated public facility improvement, concurrent reclamation, or for acquisition of plant and stationary mining equipment and facilities for the producer or for research and development in Minnesota on new mining, or taconite, iron, or steel production technology, but only if the producer provides a matching expenditure equal to the amount of the distribution to be used for the same purpose beginning with distributions in 2014.  Effective for proposals for expenditures of money from the fund beginning May 26, 2007, the commissioner may not release the funds before the next scheduled meeting of the board.  If a proposed expenditure is not approved by the commissioner, after


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consultation with the advisory board, the funds must be deposited in the Taconite Environmental Protection Fund under sections 298.222 to 298.225.  If a taconite production facility is sold after operations at the facility had ceased, any money remaining in the fund for the former producer may be released to the purchaser of the facility on the terms otherwise applicable to the former producer under this section.  If a producer fails to provide matching funds for a proposed expenditure within six months after the commissioner approves release of the funds, the funds are available for release to another producer in proportion to the distribution provided and under the conditions of this section may be released by the commissioner for deposit in the taconite area environmental protection fund created in section 298.223.  Any portion of the fund which is not released by the commissioner within one year of its deposit in the fund shall be divided between distributed to the taconite environmental protection fund created in section 298.223 and the Douglas J. Johnson economic protection trust fund created in section 298.292 for placement in their respective special accounts.  Two-thirds of the unreleased funds shall be distributed to the taconite environmental protection fund and one-third to the Douglas J. Johnson economic protection trust fund.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 2.  Minnesota Statutes 2016, section 298.28, subdivision 9a, is amended to read:

 

Subd. 9a.  Taconite economic development fund.  (a) 25.1 cents per ton for distributions in 2002 and thereafter must be paid to the taconite economic development fund.  No distribution shall be made under this paragraph in 2004 or any subsequent year in which total industry production falls below 30 million tons.  Distribution shall only be made to a Minnesota taconite pellet producer's fund under section 298.227 if the producer timely pays its tax under section 298.24 by the dates provided under section 298.27, or pursuant to the due dates provided by an administrative agreement with the commissioner.

 

(b) An amount equal to 50 percent of the tax under section 298.24 for concentrate sold in the form of pellet chips and fines not exceeding 5/16 inch in size and not including crushed pellets shall be paid to the taconite economic development fund.  The amount paid shall not exceed $700,000 annually for all companies Minnesota taconite pellet producers.  If the initial amount to be paid to the fund exceeds this amount, each company's Minnesota taconite pellet producer's payment shall be prorated so the total does not exceed $700,000.

 

EFFECTIVE DATE.  This section is effective retroactively from December 31, 2016.

 

Sec. 3.  Minnesota Statutes 2016, section 465.73, is amended to read:

 

465.73 LOAN FROM, SECURED BY U.S. AGRICULTURE DEPARTMENT AGENCY.

 

For purposes of constructing, repairing, or acquiring city halls, town halls, fire halls or fire or rescue equipment, or libraries or child care facilities if otherwise authorized by law, a statutory city, home rule charter city, county, or town may borrow not to exceed $450,000 $750,000 from (i) funds granted to a rural electric cooperative organized under chapter 308A by the United States Department of Agriculture Rural Business-Cooperative Service or (ii) directly from or in the form of funds guaranteed by the Rural Housing Service or other agency of the United States Department of Agriculture by a note secured by a mortgage or other security agreement on the property purchased with the borrowed funds.  The city, county, or town may pledge its full faith and credit and assign or pledge the revenues, if any, from the facilities or equipment so financed together with any other properly available funds to secure the loan.  The obligation of the note is not to be included when computing the net debt of the city, county, or town, nor is the approval of the voters required for the issuance of the note.


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Sec. 4.  TRANSFER 2018 DISTRIBUTION ONLY.

 

For the 2018 distribution, the fund established under Minnesota Statutes, section 298.28, subdivision 7, shall receive ten cents per ton of any excess of the balance remaining after distribution of amounts required under Minnesota Statutes, section 298.28, subdivision 6.

 

EFFECTIVE DATE.  This section is effective for the 2018 distribution, and the transfer must be made within ten days of the August 2018 payment.

 

Sec. 5.  DISLOCATED WORKER RAPID RESPONSE ACTIVITY.

 

Notwithstanding anything to the contrary, of the money appropriated to the Job Skills Partnership Board for the purposes of Minnesota Statutes, section 116L.17, under Minnesota Statutes, section 116L.20, subdivision 2, at least $650,000 in fiscal year 2019 is for a grant to Career Solutions in St. Cloud to address the substantial anticipated job losses at the Electrolux plant in St. Cloud.  These services shall be provided by Career Solutions.  Grant funds may be used according to Minnesota Statutes, section 116L.17, subdivision 4, including, but not limited to, GED programs, English language courses, computer literacy efforts, and training in the manufacturing and construction trades.  In addition, the commissioner of employment and economic development is directed to take all necessary steps, including application for any required federal waivers, to begin providing services to affected workers before December 31, 2018.

 

Sec. 6.  REVISOR'S INSTRUCTION; PROGRAM NAME CLARIFICATION.

 

In Minnesota Statutes, the revisor of statutes shall change the term "Minnesota investment fund" to "North Star Disaster Contingency Account" wherever it is apparent from context that the term "Minnesota investment fund" refers to the program under Minnesota Statutes, section 116J.8731, subdivisions 8 and 9.

 

ARTICLE 8

LABOR AND INDUSTRY

 

Section 1.  Minnesota Statutes 2017 Supplement, section 175.46, subdivision 13, is amended to read:

 

Subd. 13.  Grant awards.  (a) The commissioner shall award grants to local partnerships located throughout the state, not to exceed $100,000 per local partnership grant.  The commissioner may use up to five percent of this amount for administration of the grant program.

 

(b) A local partnership awarded a grant under this section must use the grant award for any of the following implementation and coordination activities:

 

(1) recruiting additional employers to provide on-the-job training and supervision for student learners and providing technical assistance to those employers;

 

(2) recruiting students to participate in the local youth skills training program, monitoring the progress of student learners participating in the program, and monitoring program outcomes;

 

(3) coordinating youth skills training activities within participating school districts and among participating school districts, postsecondary institutions, and employers;

 

(4) coordinating academic, vocational and occupational learning, school-based and work-based learning, and secondary and postsecondary education for participants in the local youth skills training program;


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(5) coordinating transportation for student learners participating in the local youth skills training program; and

 

(6) any other implementation or coordination activity that the commissioner may direct or permit the local partnership to perform.

 

(b) (c) Grant awards may not be used to directly or indirectly pay the wages of a student learner.

 

Sec. 2.  Minnesota Statutes 2016, section 326B.106, subdivision 9, is amended to read:

 

Subd. 9.  Accessibility.  (a) Public buildings.  The code must provide for making require new public buildings constructed or remodeled after July 1, 1963, and existing public buildings when remodeled, to be accessible to and usable by persons with disabilities, although this does not require the remodeling of public buildings solely to provide accessibility and usability to persons with disabilities when remodeling would not otherwise be undertaken.

 

(b) Leased space.  No agency of the state may lease space for agency operations in a non-state-owned building unless the building satisfies the requirements of the State Building Code for accessibility by persons with disabilities, or is eligible to display the state symbol of accessibility.  This limitation applies to leases of 30 days or more for space of at least 1,000 square feet.

 

(c) Meetings or conferences.  Meetings or conferences for the public or for state employees which are sponsored in whole or in part by a state agency must be held in buildings that meet the State Building Code requirements relating to accessibility for persons with disabilities.  This subdivision does not apply to any classes, seminars, or training programs offered by the Minnesota State Colleges and Universities or the University of Minnesota.  Meetings or conferences intended for specific individuals none of whom need the accessibility features for persons with disabilities specified in the State Building Code need not comply with this subdivision unless a person with a disability gives reasonable advance notice of an intent to attend the meeting or conference.  When sign language interpreters will be provided, meetings or conference sites must be chosen which allow participants who are deaf or hard-of-hearing to see the sign language interpreters clearly.

 

(d) Exemptions.  The commissioner may grant an exemption from the requirements of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts were made to secure facilities which complied with those requirements and if the selected facilities are the best available for access for persons with disabilities.  Exemptions shall be granted using criteria developed by the commissioner in consultation with the Council on Disability.

 

(e) Symbol indicating access.  The wheelchair symbol adopted by Rehabilitation International's Eleventh World Congress is the state symbol indicating buildings, facilities, and grounds which are accessible to and usable by persons with disabilities.  In the interests of uniformity, this symbol is the sole symbol for display in or on all public or private buildings, facilities, and grounds which qualify for its use.  The secretary of state shall obtain the symbol and keep it on file.  No building, facility, or grounds may display the symbol unless it is in compliance with the rules adopted by the commissioner under subdivision 1.  Before any rules are proposed for adoption under this paragraph, the commissioner shall consult with the Council on Disability.  Rules adopted under this paragraph must be enforced in the same way as other accessibility rules of the State Building Code.

 

Sec. 3.  Minnesota Statutes 2016, section 326B.815, subdivision 1, is amended to read:

 

Subdivision 1.  Fees.  (a) For the purposes of calculating fees under section 326B.092, an initial or renewed residential contractor, residential remodeler, or residential roofer license is a business license.  Notwithstanding section 326B.092, the licensing fee for manufactured home installers under section 327B.041 is $300 $180 for a three-year period.


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(b) All initial and renewal licenses, except for manufactured home installer licenses, shall be effective for two years and shall expire on March 31 of the year after the year in which the application is made.

 

(c) The commissioner shall in a manner determined by the commissioner, without the need for any rulemaking under chapter 14, phase in the renewal of residential contractor, residential remodeler, and residential roofer licenses from one year to two years.  By June 30, 2011, all renewed residential contractor, residential remodeler, and residential roofer licenses shall be two-year licenses.

 

Sec. 4.  Minnesota Statutes 2016, section 327B.041, is amended to read:

 

327B.041 MANUFACTURED HOME INSTALLERS.

 

(a) Manufactured home installers are subject to all of the fees in section 326B.092 and the requirements of sections 326B.802 to 326B.885, except for the following:

 

(1) manufactured home installers are not subject to the continuing education requirements of sections 326B.0981, 326B.099, and 326B.821, but are subject to the continuing education requirements established in rules adopted under section 327B.10;

 

(2) the examination requirement of section 326B.83, subdivision 3, for manufactured home installers shall be satisfied by successful completion of a written examination administered and developed specifically for the examination of manufactured home installers.  The examination must be administered and developed by the commissioner.  The commissioner and the state building official shall seek advice on the grading, monitoring, and updating of examinations from the Minnesota Manufactured Housing Association;

 

(3) a local government unit may not place a surcharge on a license fee, and may not charge a separate fee to installers;

 

(4) a dealer or distributor who does not install or repair manufactured homes is exempt from licensure under sections 326B.802 to 326B.885;

 

(5) the exemption under section 326B.805, subdivision 6, clause (5), does not apply; and

 

(6) manufactured home installers are not subject to the contractor recovery fund in section 326B.89.

 

(b) The commissioner may waive all or part of the requirements for licensure as a manufactured home installer for any individual who holds an unexpired license or certificate issued by any other state or other United States jurisdiction if the licensing requirements of that jurisdiction meet or exceed the corresponding licensing requirements of the department and the individual complies with section 326B.092, subdivisions 1 and 3 to 7.  For the purposes of calculating fees under section 326B.092, licensure as a manufactured home installer is a business license.

 

ARTICLE 9

WORKERS' COMPENSATION GENERAL

 

Section 1.  Minnesota Statutes 2017 Supplement, section 15A.083, subdivision 7, is amended to read:

 

Subd. 7.  Workers' Compensation Court of Appeals and compensation judges.  Salaries of judges of the Workers' Compensation Court of Appeals are 98.52 105 percent of the salary for district court workers' compensation judges of the Office of Administrative Hearings.  The salary of the chief judge of the Workers'


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Compensation Court of Appeals is 98.52 107 percent of the salary for a chief district court judge workers' compensation judges of the Office of Administrative Hearings.  Salaries of compensation judges are 98.52 percent of the salary of district court judges.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 2.  Minnesota Statutes 2016, section 175A.05, is amended to read:

 

175A.05 QUORUM.

 

Subdivision 1.  Judges' quorum.  A majority of the judges of the Workers' Compensation Court of Appeals shall constitute a quorum for the exercise of the powers conferred and the duties imposed on the Workers' Compensation Court of Appeals except that all appeals shall be heard by no more than a panel of three of the five judges unless the case appealed is determined to be of exceptional importance by the chief judge prior to assignment of the case to a panel, or by a three-fifths vote of the judges prior to assignment of the case to a panel or after the case has been considered by the panel but prior to the service and filing of the decision.

 

Subd. 2.  Vacancy.  A vacancy shall not impair the ability of the remaining judges of the Workers' Compensation Court of Appeals to exercise all the powers and perform all of the duties of the Workers' Compensation Court of Appeals.

 

Subd. 3.  Retired judges.  Where the number of Workers' Compensation Court of Appeals judges available to hear a case is insufficient to constitute a quorum, the chief judge of the Workers' Compensation Court of Appeals may, with the retired judge's consent, assign a judge who is retired from the Workers' Compensation Court of Appeals or the Office of Administrative Hearings to hear any case properly assigned to a judge of the Workers' Compensation Court of Appeals.  The retired judge assigned to the case may act on it with the full powers of the judge of the Workers' Compensation Court of Appeals.  A retired judge performing this service shall receive pay and expenses in the amount and manner provided by law for judges serving on the court, less the amount of retirement pay the judge is receiving under chapter 352 or 490.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 3.  Minnesota Statutes 2016, section 176.231, subdivision 9, is amended to read:

 

Subd. 9.  Uses which that may be made of reports.  (a) Reports filed with the commissioner under this section may be used in hearings held under this chapter, and for the purpose of state investigations and for statistics.  These reports are available to the Department of Revenue for use in enforcing Minnesota income tax and property tax refund laws, and the information shall be protected as provided in chapter 270B.

 

(b) The division or Office of Administrative Hearings or Workers' Compensation Court of Appeals may permit the examination of its file by the employer, insurer, employee, or dependent of a deceased employee or any person who furnishes written signed authorization to do so from the employer, insurer, employee, or dependent of a deceased employee.  Reports filed under this section and other information the commissioner has regarding injuries or deaths shall be made available to the Workers' Compensation Reinsurance Association for use by the association in carrying out its responsibilities under chapter 79.

 

(c) The division may provide the worker identification number assigned under section 176.275, subdivision 1, without a signed authorization required under paragraph (b) to an:

 

(1) attorney who represents one of the persons described in paragraph (b);


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(2) attorney who represents an intervenor or potential intervenor under section 176.361;

 

(3) intervenor; or

 

(4) employee's assigned qualified rehabilitation consultant under section 176.102.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 4.  [176.2611] COORDINATION OF THE OFFICE OF ADMINISTRATIVE HEARINGS' CASE MANAGEMENT SYSTEM AND THE WORKERS' COMPENSATION IMAGING SYSTEM.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the definitions in this subdivision apply unless otherwise specified.

 

(b) "Commissioner" means the commissioner of labor and industry.

 

(c) "Department" means the Department of Labor and Industry.

 

(d) "Document" includes all data, whether in electronic or paper format, that is filed with or issued by the office or department related to a claim-specific dispute resolution proceeding under this section.

 

(e) "Office" means the Office of Administrative Hearings.

 

Subd. 2.  Applicability.  This section governs filing requirements pending completion of the workers' compensation modernization program and access to documents and data in the office's case management system, the workers' compensation Informix imaging system, and the system that will be developed as a result of the workers' compensation modernization program.  This section prevails over any conflicting provision in this chapter, Laws 1998, chapter 366, or corresponding rules.

 

Subd. 3.  Documents that must be filed with the office.  Except as provided in subdivision 4 and section 176.421, all documents that require action by the office under this chapter must be filed, electronically or in paper format, with the office as required by the chief administrative law judge.  Filing a document that initiates or is filed in preparation for a proceeding at the office satisfies any requirement under this chapter that the document must be filed with the commissioner.

 

Subd. 4.  Documents that must be filed with the commissioner.  (a) The following documents must be filed directly with the commissioner in the format and manner prescribed by the commissioner:

 

(1) all requests for an administrative conference under section 176.106, regardless of the amount in dispute;

 

(2) a motion to intervene in an administrative conference that is pending at the department;

 

(3) any other document related to an administrative conference that is pending at the department;

 

(4) an objection to a penalty assessed by the commissioner or the department;

 

(5) requests for medical and rehabilitation dispute certification under section 176.081, subdivision 1, paragraph (c), including related documents; and

 

(6) except as provided in this subdivision or subdivision 3, any other document required to be filed with the commissioner.


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(b) The filing requirement in paragraph (a), clause (1), makes no changes to the jurisdictional provisions in section 176.106.  A claim petition that contains only medical or rehabilitation issues, unless primary liability is disputed, is considered to be a request for an administrative conference and must be filed with the commissioner.

 

(c) The commissioner must refer a timely, unresolved objection to a penalty under paragraph (a), clause (4), to the office within 60 calendar days.

 

Subd. 5.  Form revision and access to documents and data.  (a) The commissioner must revise dispute resolution forms, in consultation with the chief administrative law judge, to reflect the filing requirements in this section.

 

(b) For purposes of this subdivision, "complete, read-only electronic access" means the ability to view all data and document contents, including scheduling information, related to workers' compensation disputes, except for the following:

 

(1) a confidential mediation statement, including any documents submitted with the statement for the mediator's review;

 

(2) work product of a compensation judge, mediator, or commissioner that is not issued.  Examples of work product include personal notes of hearings or conferences and draft decisions;

 

(3) the department's Vocational Rehabilitation Unit's case management system data;

 

(4) the special compensation fund's case management system data; and

 

(5) audit trail information.

 

(c) The office must be provided with continued, complete, read-only electronic access to the workers' compensation Informix imaging system.

 

(d) The department must be provided with read-only electronic access to the office's case management system, including the ability to view all data, including scheduling information, but excluding access into filed documents.

 

(e) The office must send the department all documents that are accepted for filing or issued by the office.  The office must send the documents to the department, electronically or by courier, within two business days of when the documents are accepted for filing or issued by the office.

 

(f) The department must place documents that the office sends to the department in the appropriate imaged file for the employee.

 

(g) The department must send the office copies of the following documents, electronically or by courier, within two business days of when the documents are filed with or issued by the department:

 

(1) notices of discontinuance;

 

(2) decisions issued by the department; and

 

(3) mediated agreements.


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(h) Upon integration of the office's case management system and the department's system resulting from the workers' compensation modernization program, each agency will be provided with complete, read-only electronic access to the other agency's system.

 

(i) Each agency's responsible authority pursuant to section 13.02, subdivision 16, is responsible for its own employees' use and dissemination of the data and documents in the workers' compensation Informix imaging system, the office's case management system, and the system developed as a result of the workers' compensation modernization program.

 

Subd. 6.  Data privacy.  (a) All documents filed with or issued by the department or the office under this chapter are private data on individuals and nonpublic data pursuant to chapter 13, except that the documents are available to the following:

 

(1) the office;

 

(2) the department;

 

(3) the employer;

 

(4) the insurer;

 

(5) the employee;

 

(6) the dependent of a deceased employee;

 

(7) an intervenor in the dispute;

 

(8) the attorney to a party in the dispute;

 

(9) a person who furnishes written authorization from the employer, insurer, employee, or dependent of a deceased employee; and

 

(10) a person, agency, or other entity allowed access to the documents under this chapter or other law.

 

(b) The office and department may post notice of scheduled proceedings on the agencies' Web sites and at their principal places of business in any manner that protects the employee's identifying information.

 

Subd. 7.  Workers' Compensation Court of Appeals.  The Workers' Compensation Court of Appeals has authority to amend its rules of procedure to reflect electronic filing with the office under this section for purposes of section 176.421, subdivision 5, and to allow electronic filing with the court under section 176.285.  The court may amend its rules using the procedure in section 14.389.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 5.  Laws 2017, chapter 94, article 1, section 6, is amended to read:

 

Sec. 6.  WORKERS' COMPENSATION COURT OF APPEALS

$1,913,000

 

$1,913,000 1,946,000

 

This appropriation is from the workers' compensation fund.


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ARTICLE 10

HOSPITAL OUTPATIENT FEE SCHEDULE

 

Section 1.  [176.1364] WORKERS' COMPENSATION HOSPITAL OUTPATIENT FEE SCHEDULE.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the terms defined in this subdivision have the meanings given them.

 

(b) "Addendum A" means the addendum entitled "OPPS APCs for CY 2018," or its successor, developed by the Centers for Medicare and Medicaid Services (Medicare) for use in the Medicare Hospital Outpatient Prospective Payment System (OPPS) system under Code of Federal Regulations, title 42, part 419, as may be amended from time to time.

 

(c) "Addendum B" means the addendum entitled "OPPS Payment by HCPCS Codes for CY 2018," or its successor, developed by the Centers for Medicare and Medicaid Services (Medicare) for use in the Medicare Hospital Outpatient Prospective Payment System (OPPS) system under Code of Federal Regulations, title 42, part 419, as may be amended from time to time.

 

(d) "HCPCS code" means a numeric or alphanumeric code included in the Centers for Medicare and Medicaid Services' Healthcare Common Procedure Coding System.  A HCPCS code is used to identify a specific medical service.

 

(e) "Hospital" means a facility that is licensed by the Department of Health under section 144.50.

 

(f) "HOFS" means the workers' compensation hospital outpatient fee schedule established under subdivision 3.

 

(g) "Insurer" includes workers' compensation insurers and self-insured employers.

 

(h) "Services" includes articles, supplies, procedures, and implantable devices provided by the hospital with the service.  Services are identified by a code described in subdivision 3.

 

Subd. 2.  Applicability.  (a) This section only applies to payment of charges for hospital outpatient services if the charges include a service listed in the workers' compensation hospital outpatient fee schedule established by the commissioner under subdivision 3.  If the charges do not include a service listed in the HOFS, payment shall be:

 

(1) the liability for each service that is included in the workers' compensation relative value fee schedule as provided in section 176.136, subdivision 1a, and corresponding rules adopted by the commissioner to implement the relative value fee schedule; or

 

(2) the liability as provided in section 176.136, subdivision 1b, paragraphs (b) and (c), for each service that is not included in the workers' compensation relative value fee schedule.

 

(b) This section does not apply to outpatient services provided at a hospital that is certified by Medicare as a critical access hospital.  Outpatient services provided by these hospitals shall be paid as provided in section 176.136, subdivision 1b, paragraph (a).

 

Subd. 3.  Hospital outpatient fee schedule (HOFS).  (a) Effective for hospital outpatient services on or after October 1, 2018, the commissioner shall establish a workers' compensation hospital outpatient fee schedule (HOFS) to establish the payment for hospital bills with charges for services with a J1 or J2 status indicator as listed in the status indicator (SI) column of Addendum B and the comprehensive observation services Ambulatory Payment Classification (APC) 8011 with a J2 status indicator in Addendum A.  The commissioner shall publish a link to the HOFS in the State Register before October 1, 2018, and shall maintain the current HOFS on the department's Web site.


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(b) The amount listed for each of the procedures in the HOFS as described in paragraph (a) shall be the relative weight for the procedure multiplied by a HOFS conversion factor that results in the same overall payment for hospital outpatient services under this section as the actual payments made in the most recent 12-month period available before the effective date of this section.  The commissioner must establish separate conversion factors to achieve the same overall payment for noncritical access hospitals of 100 or fewer licensed beds and hospitals with more than 100 licensed beds.  The commissioner shall establish the two conversion factors according to the requirements in clauses (1) to (4) in consultation with insurer and hospital representatives.

 

(1) The commissioner shall obtain a suitable sample of de-identified data for Minnesota workers' compensation outpatient cases at Minnesota hospitals for the most recently available 12-month period.  The commissioner may obtain de-identified data from any reliable source, including Minnesota hospitals and insurers, or their representatives.  Any data provided to the commissioner by a hospital, insurer, or their representative under this subdivision is nonpublic data under section 13.02, subdivision 9.

 

(2) The sample must be divided into a data set for hospitals over 100 licensed beds, and 100 or fewer licensed beds, excluding critical access hospitals.

 

(3) For each data set the commissioner shall:

 

(i) calculate the total amount of the actual payments made in the most recent 12-month period available before the effective date of this section, adjusted for inflation to July 2018; and

 

(ii) apply all of the payment provisions in this section to each claim including, as applicable, payment under the relative value fee schedule or 85 percent of the hospital's usual and customary charge under section 176.136, subdivisions 1a and 1b, to determine the total payment amount using the Medicare conversion factor in effect for the OPPS in effect on July 1, 2018.

 

(4) The commissioner shall calculate the Minnesota conversion factor to equal the Medicare conversion factor multiplied by the ratio of total payments under clause (3), item (i), divided by the total payments under clause (3), item (ii).

 

(c) For purposes of this section:

 

(1) the relative weight is the amount in the "relative weight" column in Addendum B and Addendum A for comprehensive observation services.

 

(2) references to J1, J2, and H status indicators; Addenda A and B; APC 8011; and HCPCS code G0378 includes any successor status indicators, addenda, APC, or HCPCS code established by the Centers for Medicare and Medicaid Services.

 

(d) On October 1 of each year, the commissioner shall adjust the HOFS conversion factors based on the market basket index for inpatient hospital services calculated by Medicare and published on its Web site.  The adjustment on each October 1 shall be a percentage equal to the value of that index averaged over the four quarters of the most recent calendar year divided by the value of that index over the four quarters of the prior calendar year.

 

(e) No later than October 1, 2021, and at least once every three years thereafter, the commissioner shall update the HOFS established under this subdivision by incorporating services with a J1 or J2 status indicator, and the corresponding relative weights, listed in the Addenda A and B most recently available on Medicare's Web site as of the preceding July 1.  If Addenda A and B are not available on Medicare's Web site on the preceding July 1, the HOFS most recently published on the department's Web site remains in effect.


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(1) Each time the HOFS is updated under this paragraph, the commissioner shall adjust the conversion factors so that there is no difference between the overall payment under the new HOFS and the overall payment under the HOFS most recently in effect, for services in both HOFSs.

 

(2) The conversion factor adjustments under this paragraph shall be made separately for each hospital category in paragraph (b).

 

(3) The conversion factor adjustments under this paragraph must be made before making any additional adjustment under paragraph (d).

 

(f) The commissioner shall give notice in the State Register of the adjusted conversion factor in paragraph (d) no later than October 1 annually.  The commissioner shall give notice in the State Register of an updated HOFS under paragraph (e) no later than October 1 of the year in which the HOFS becomes effective.  The notice must include a link to the HOFS published on the department's Web site.  The notices, the updated fee schedules, and the adjusted conversion factors are not rules subject to chapter 14, but have the force and effect of law as of the effective date published in the State Register.

 

Subd. 4.  Payment under the hospital outpatient fee schedule.  (a) Services in the HOFS, and other hospital outpatient services provided with or as part of service in the HOFS, are paid according to paragraphs (b) and (c).

 

(b) If a hospital bill includes a charge for one or more services with a J1 status indicator, payment shall be as provided in this paragraph.

 

(1) If the bill includes a charge for only one service with only a J1 status indicator, payment shall be the amount listed in the HOFS for that service, regardless of the amount charged by the hospital.

 

(2) If the bill includes charges for more than one service with a J1 status indicator, the service with the highest listed fee in the HOFS shall be paid at 100 percent of the listed fee.  Each additional service listed in the hospital outpatient fee shall be paid at 50 percent of the listed fee.  Payment under this clause shall be based on the applicable percentage of the listed fee, regardless of the amount charged by the hospital.

 

(3) If the bill includes an additional charge for a service that does not have a J1 status indicator listed in the HOFS, no separate payment is made for the additional service.  Payment for the additional service, including any service with a J2 status indicator, is packaged into and is not paid separately from the payment amount listed in the HOFS for the service with the J1 status indicator.  Implantable devices are paid separately only as provided in subdivision 5.

 

(4) The insurer must not deny payment for any additional service packaged into payment for a service listed in the HOFS on the basis that the additional service was not reasonably required or causally related to an admitted work injury.

 

(c) If a hospital bill includes one or more charges for services with a J2 status indicator, and does not include any charges for services with a J1 status indicator, payment shall be as provided in this paragraph.

 

(1) Except for services packaged into an observation service as provided in clause (4), payment for each service with a J2 status indicator shall be the amount listed in the HOFS, regardless of the amount charged by the hospital.

 

(2) If a service without a HCPCS code is billed with a service with a J2 status indicator, payment is packaged into the payment for the J2 service.


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(3) Payment for drugs with a HCPCS code is separate from payment for the service with the J2 code as provided in this clause.

 

(i) If the drug is delivered by injection or infusion, payment for the drug is packaged into payment for the injection or infusion service.

 

(ii) If the drug is not delivered by injection or infusion, payment for the drug is paid at the Medicare Average Sales Price (ASP) of the drug on the day the drug is dispensed.  No later than October 1, 2018, and October 1 of each subsequent year, the commissioner must publish on the department's Web site a link to the ASP most recently available as of the preceding July 1.  If no ASP is available, the most recently posted ASP linked on the department's Web site remains in effect.

 

(4) If a bill includes eight or more units of service with the HCPCS code G0378 (observation services, per hour), and there is a physician's or dentist's order for observation, payment shall be the amount listed in the HOFS for the comprehensive observation services Ambulatory Payment Classification 8011, regardless of the amount charged by the hospital.  All other services billed by the hospital, including other services with a J2 status indicator, are packaged into the payment amount and are not paid separately from the payment amount listed in the fee schedule for HCPCS code G0378.

 

(5) For any other service on the same bill as the service with a J2 status indicator, payment shall be as provided in subdivision 2, paragraph (a).

 

Subd. 5.  Implantable devices.  The maximum fee for any service in the HOFS includes payment for all implantable devices, even if the Medicare OPPS would otherwise allow separate payment for the implantable device.  However, separate payment in the amount of 85 percent of the hospital's usual and customary charge for an implantable device is allowed if the implantable device:

 

(1) has an H status indicator in Addendum B;

 

(2) is properly charged on a bill with a service with a J1 status indicator in the HOFS; and

 

(3) is properly billed with another HCPCS code, if required by Medicare's OPPS system.

 

The commissioner shall update the HOFS each October 1 to include any HCPCS codes that are payable under this section according to the Addendum B most recently available on the preceding July 1.

 

Subd. 6.  Study.  (a) The commissioner shall conduct a study analyzing the percentage of claims with a service in the HOFS that were paid timely and the percentage of claims paid accurately.  The commissioner must report the results of the study and recommendations to the Workers' Compensation Advisory Council and chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over workers' compensation by January 15, 2021.

 

(b) Based on the results of the study, the WCAC shall consider whether there is a minimum 80 percent compliance in timeliness and accuracy of payments, and additional statutory amendments, including but not limited to:

 

(1) a maximum ten percent reduction in payments under the HOFS; and

 

(2) an increase in indemnity benefits to injured workers.

 

Subd. 7.  Rulemaking.  The commissioner may adopt or amend rules, using the authority in section 14.386, paragraph (a), to implement this section.  The rules are not subject to expiration under section 14.386, paragraph (b).

 

EFFECTIVE DATE.  This section is effective for hospital outpatient services provided on or after October 1, 2018.


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ARTICLE 11

OUTPATIENT BILLING, PAYMENT, AND DISPUTE RESOLUTION

 

Section 1.  Minnesota Statutes 2016, section 176.136, subdivision 1b, is amended to read:

 

Subd. 1b.  Limitation of liability.  (a) The liability of the employer for treatment, articles, and supplies provided to an employee while an inpatient or outpatient at a Critical Access Hospital certified by the Centers for Medicare and Medicaid Services, or while an outpatient at a hospital with 100 or fewer licensed beds, shall be the hospital's usual and customary charge, unless the charge is determined by the commissioner or a compensation judge to be unreasonably excessive.

 

(b) The liability of the employer for the treatment, articles, and supplies that are not limited by paragraph (a), subdivision 1a, or 1c, or section 176.1362, 176.1363, or 176.1364, shall be limited to 85 percent of the provider's usual and customary charge, or 85 percent of the prevailing charges for similar treatment, articles, and supplies furnished to an injured person when paid for by the injured person, whichever is lower, except as provided in paragraph (e).  On this basis, the commissioner or compensation judge may determine the reasonable value of all treatment, services, and supplies, and the liability of the employer is limited to that amount.  The commissioner may by rule establish the reasonable value of a service, article, or supply in lieu of the 85 percent limitation in this paragraph.  A prevailing charge established under Minnesota Rules, part 5221.0500, subpart 2, must be based on no more than two years of billing data immediately preceding the date of the service.

 

(c) The limitation of liability for charges provided by paragraph (b) does not apply to a nursing home that participates in the medical assistance program and whose rates are established by the commissioner of human services.

 

(d) An employer's liability for treatment, articles, and supplies provided under this chapter by a health care provider located outside of Minnesota is limited to the payment that the health care provider would receive if the treatment, article, or supply were paid under the workers' compensation law of the jurisdiction in which the treatment was provided.

 

(e) The limitation of the employer's liability based on 85 percent of prevailing charge does not apply to charges by an ambulatory surgical center as defined in section 176.1363, subdivision 1, paragraph (b), or a hospital as defined in section 176.1364, subdivision 1, paragraph (e).

 

(f) For purposes of this chapter, "inpatient" means a patient that has been admitted to a hospital by an order from a physician or dentist.  If there is no inpatient admission order, the patient is deemed an outpatient.  The hospital must provide documentation of an inpatient order upon the request of the employer.

 

EFFECTIVE DATE.  This section is effective for treatment, articles, and supplies provided on or after October  1, 2018.

 

Sec. 2.  [176.1365] OUTPATIENT BILLING, PAYMENT, AND DISPUTE RESOLUTION.

 

Subdivision 1.  Scope.  This section applies to billing, payment, and dispute resolution for services provided by an ambulatory surgical center (ASC) under section 176.1363 and hospital outpatient services under section 176.1364.  For purposes of this section, "insurer" includes self-insured employer and "services" is as defined in section 176.1364.

 

Subd. 2.  Outpatient billing, coding, and prior notification.  (a) Ambulatory surgical centers and hospitals must bill workers' compensation insurers for services governed by sections 176.1363 and 176.1364 using the same codes, formats, and details that are required for billing the Medicare program, including coding consistent with the


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American Medical Association Current Procedural Terminology coding system and Medicare's Ambulatory Surgical Center Payment System, Outpatient Prospective Payment System, Outpatient Code Editor, Healthcare Current Procedural Terminology Coding System, and the National Correct Coding Initiative Policy Manual for Medicare Services and associated Web page and tables.

 

(b) All charges for ASC or hospital outpatient fee schedule services governed by sections 176.1363 and 176.1364 must be submitted to the insurer on the appropriate electronic transaction required by section 176.135, subdivisions 7 and 7a.  ASCs must submit charges on the electronic 837P form.  ASCs must not separately bill for the services and items included in the ASC facility fee under Code of Federal Regulations, title 42, section 416.164(a).  Minnesota Rules, part 5221.4033, subpart 1a, does not apply to ASCs under this section, but does apply to hospital outpatient facility fees to the extent they are not covered by the hospital outpatient fee schedule under section 176.1364.

 

(c) Hospitals, ASCs, and insurers must comply with the prior notification and approval or authorization requirements specified in Minnesota Rules, part 5221.6050, subpart 9.  Prior notification may be provided by either the hospital, ASC, or the surgeon.  For purposes of prior notification under Minnesota Rules, part 5221.6050, subpart 9, "inpatient" has the meaning as provided under section 176.136, subdivision 1b, paragraph (d).

 

(d) ASC or hospital bills must be submitted to insurers as required by section 176.135, subdivisions 7 and 7a, and within the time period required by section 62Q.75, subdivision 3.  Insurers must respond to the initial bill as provided in section 176.135, subdivisions 6 and 7a.  Copies of any records or reports relating to the items for which payment is sought are separately payable as provided in section 176.135, subdivision 7, paragraph (a).

 

Subd. 3.  ASC or hospital request for reconsideration; insurer response; time frames.  (a) Following receipt of the insurer's explanation of review (EOR) or explanation of benefits (EOB), the ASC or hospital may request reconsideration of a payment denial or reduction.  The ASC or hospital must submit its request for reconsideration in writing to the insurer within one year of the date of the EOR or EOB.

 

(b) The insurer must issue a written response to the ASC or hospital's request for reconsideration within 30 days, as provided in section 176.135, subdivision 6.  The written response must address the issues raised by the request for reconsideration and not simply reiterate the information on the EOR or EOB.

 

Subd. 4.  Insurer request for reimbursement of overpayment; time frame.  If the payer determines it has overpaid an ASC or hospital's charges based on workers' compensation statutes and rules, the payer must submit its request for reimbursement in writing to the ASC or hospital within one year of the date of the payment.

 

Subd. 5.  Medical requests for administrative conference; time frame to file.  (a) An ASC, hospital, or insurer must notify the provider or payer, as applicable, of its intent to file a medical request for an administrative conference under section 176.106 at least 20 days before filing one with the department.  The insurer, or the ASC or hospital if permitted by section 176.136, subdivision 2, must file the medical request for an administrative conference no later than the latest of:

 

(1) one year after the date of the initial EOR or EOB if the ASC or hospital does not request a reconsideration of a payment denial or reduction under subdivision 3;

 

(2) one year after the date of the insurer's response to the ASC or hospital's request for reconsideration under subdivision 3; or

 

(3) one year after the insurer's request for reimbursement of an overpayment from an ASC or hospital under subdivision 4.


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(b) Paragraph (a) does not prohibit an employee from filing a medical request for assistance or claim petition for the payment denied or reduced by the insurer.  However, the ASC or hospital may not bill the employee for the denied or reduced payment when prohibited by this chapter.

 

Subd. 6.  Interest.  (a) An insurer must pay the ASC or hospital interest at an annual rate of four percent if it is determined that the insurer is liable for additional ASC or hospital charges following a denial of payment.  Interest is payable by the insurer on the additional amount owed from the date payment was due.

 

(b) An ASC or hospital must pay the insurer interest at an annual rate of four percent if it is determined that the hospital owes the insurer reimbursement following the insurer's request for reimbursement of an overpayment.  Interest is payable by the ASC or hospital on the amount of the overpayment from the date the overpayment was made.

 

EFFECTIVE DATE.  This section is effective for services provided on or after October 1, 2018.

 

ARTICLE 12

AMBULATORY SURGICAL CENTERS

 

Section 1.  [176.1363] AMBULATORY SURGICAL CENTER PAYMENT.

 

Subdivision 1.  Definitions.  (a) For the purpose of this section, the terms defined in this subdivision have the meanings given them.

 

(b) "Ambulatory surgical center" or "ASC" means a facility that is:  (1) certified as an ASC by the Centers for Medicare and Medicaid Services; or (2) licensed by the Department of Health as a freestanding outpatient surgical center and not owned by a hospital.

 

(c) "Conversion factor" means the Medicare ambulatory surgical center payment system (ASCPS) conversion factor used for ASCs that meet the Medicare quality reporting requirements, whether or not the ASC submitting the bill has met the quality reporting requirements.

 

(d) "Covered surgical procedures and ancillary services" means the procedures listed in ASCPS, addendum AA, and the ancillary services integral to covered surgical procedures listed in ASCPS, addendum BB.

 

(e) "Insurer" includes workers' compensation insurers and self-insured employers.

 

(f) "Ambulatory surgical center payment system" or "ASCPS" means the system developed by the Centers for Medicare and Medicaid Services for payment of surgical services provided by federally certified ASCs as specified in:

 

(1) Code of Federal Regulations, title 42, part 416, including without limitation the geographic adjustment for the ASC and the multiple surgical procedure reduction rule;

 

(2) annual revisions to Code of Federal Regulations, title 42, part 416, as published in the Federal Register;

 

(3) the corresponding addendum AA (final ASC covered surgical procedures), addendum BB (final covered ancillary services integral to covered surgical procedures), addendum DD1 (final ASC payment indicators), and any successor or replacement addenda; and

 

(4) the Medicare claims processing manual.


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(g) "Medicare ASCPS payment" means the Medicare ASCPS payment used for ASCs that meet the Medicare quality reporting requirements, whether or not the ASC submitting the bill has met the Medicare quality reporting requirements.

 

Subd. 2.  Payment for covered surgical procedures and ancillary services based on Medicare ASCPS.  (a) Except as provided in subdivisions 3 and 4, the payment to the ASC for covered surgical procedures and ancillary services shall be the lesser of:

 

(1) the ASC's usual and customary charge for all services, supplies, and implantable devices provided; or

 

(2) the Medicare ASCPS payment, times a multiplier of 320 percent.

 

(i) The amount payable under this clause includes payment for all implantable devices, even if the Medicare ASCPS would otherwise allow separate payment for the implantable device.

 

(ii) The 320 percent described in this clause must be adjusted if, on July 1, 2019, or any subsequent July 1, the conversion factor is less than 98 percent of the conversion factor in effect on the previous July 1.  When this occurs, the multiplier must be 320 percent times 98 percent divided by the percentage that the current Medicare conversion factor bears to the Medicare conversion factor in effect on the prior July 1.  In subsequent years, the multiplier is 320 percent, unless the Medicare ASCPS conversion factor declines by more than two percent.

 

(b) Payment under this section is effective for covered surgical procedures and ancillary services provided by an ASC on or after October 1, 2018, through September 30, 2019, and shall be based on the addenda AA, BB, and DD1 most recently available on the Centers for Medicare and Medicaid Services Web site as of July 1, 2018, and the corresponding rules and Medicare claims processing manual described in subdivision 1, paragraph (f).

 

(1) Payment for covered surgical procedures and ancillary services provided by an ASC on or after each subsequent October 1 shall be based on the addenda AA, BB, and DD1 most recently available on the Centers for Medicare and Medicaid Services Web site as of the preceding July 1 and the corresponding rules and Medicare claims processing manual.

 

(2) If the Centers for Medicare and Medicaid Services has not updated addendum AA, BB, or DD1 on its Web site since the commissioner's previous notice under paragraph (c), the addenda identified in the notice published by the commissioner in paragraph (c) and the corresponding rules and Medicare claims processing manual shall remain in effect.

 

(3) Addenda AA, BB, and DD1 under this subdivision includes successor or replacement addenda.

 

(c) The commissioner shall annually give notice in the State Register of any adjustment to the multiplier under paragraph (a), clause (2), and of the applicable addenda in paragraph (b) no later than October 1.  The notice must identify and include a link to the applicable addenda.  The notices and any adjustment to the multiplier are not rules subject to chapter 14, but have the force and effect of law as of the effective date published in the State Register.

 

Subd. 3.  Payment for compensable surgical services not covered under ASCPS.  (a) If a surgical procedure provided by an ASC is compensable under this chapter but is not listed in addendum AA or BB of the Medicare ASCPS, payment must be 75 percent of the ASC's usual and customary charge for the procedure with the highest charge.  Payment for each subsequent surgical procedure not listed in addendum AA or BB must be paid at 50 percent of the ASC's usual and customary charge.

 

(b) Payment must be 75 percent of the ASC's usual and customary charge for a surgical procedure or ancillary service if the procedure or service is listed in Medicare ASCPS addendum AA or BB and:  (1) the payment indicator provides it is paid at a reasonable cost; (2) the payment indicator provides it is contractor priced; or (3) a payment rate is not otherwise provided.


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Subd. 4.  Study.  The commissioner shall conduct a study analyzing the impact of the reforms, including timeliness and accuracy of payment under this section, and recommend further changes if needed.  The commissioner must report the results of the study to the Workers' Compensation Advisory Council and the chairs and ranking minority members of the legislative committees with jurisdiction over workers' compensation by January 15, 2021.

 

Subd. 5.  Rulemaking.  The commissioner may adopt or amend rules using the authority in section 14.386, paragraph (a), to implement this section and the Medicare ASCPS for workers' compensation.  The rules are not subject to expiration under section 14.386, paragraph (b).

 

EFFECTIVE DATE.  This section is effective for procedures and services provided by an ASC on or after October 1, 2018, except subdivision 5 is effective the day following final enactment.

 

ARTICLE 13

WORKERS' COMPENSATION BENEFITS

 

Section 1.  Minnesota Statutes 2016, section 176.011, subdivision 15, is amended to read:

 

Subd. 15.  Occupational disease.  (a) "Occupational disease" means a mental impairment as defined in paragraph (d) or physical disease arising out of and in the course of employment peculiar to the occupation in which the employee is engaged and due to causes in excess of the hazards ordinary of employment and shall include undulant fever.  Physical stimulus resulting in mental injury and mental stimulus resulting in physical injury shall remain compensable.  Mental impairment is not considered a disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer.  Ordinary diseases of life to which the general public is equally exposed outside of employment are not compensable, except where the diseases follow as an incident of an occupational disease, or where the exposure peculiar to the occupation makes the disease an occupational disease hazard.  A disease arises out of the employment only if there be a direct causal connection between the conditions under which the work is performed and if the occupational disease follows as a natural incident of the work as a result of the exposure occasioned by the nature of the employment.  An employer is not liable for compensation for any occupational disease which cannot be traced to the employment as a direct and proximate cause and is not recognized as a hazard characteristic of and peculiar to the trade, occupation, process, or employment or which results from a hazard to which the worker would have been equally exposed outside of the employment.

 

(b) If immediately preceding the date of disablement or death, an employee was employed on active duty with an organized fire or police department of any municipality, as a member of the Minnesota State Patrol, conservation officer service, state crime bureau, as a forest officer by the Department of Natural Resources, state correctional officer, or sheriff or full-time deputy sheriff of any county, and the disease is that of myocarditis, coronary sclerosis, pneumonia or its sequel, and at the time of employment such employee was given a thorough physical examination by a licensed doctor of medicine, and a written report thereof has been made and filed with such organized fire or police department, with the Minnesota State Patrol, conservation officer service, state crime bureau, Department of Natural Resources, Department of Corrections, or sheriff's department of any county, which examination and report negatived any evidence of myocarditis, coronary sclerosis, pneumonia or its sequel, the disease is presumptively an occupational disease and shall be presumed to have been due to the nature of employment.  If immediately preceding the date of disablement or death, any individual who by nature of their position provides emergency medical care, or an employee who was employed as a licensed police officer under section 626.84, subdivision 1; firefighter; paramedic; state correctional officer; emergency medical technician; or licensed nurse providing emergency medical care; and who contracts an infectious or communicable disease to which the employee was exposed in the course of employment outside of a hospital, then the disease is presumptively an occupational disease and shall be presumed to have been due to the nature of employment and the presumption may be rebutted by substantial factors brought by the employer or insurer.  Any substantial factors which shall be used to rebut this presumption and which are known to the employer or insurer at the time of the denial of liability shall be communicated to the employee on the denial of liability.


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(c) A firefighter on active duty with an organized fire department who is unable to perform duties in the department by reason of a disabling cancer of a type caused by exposure to heat, radiation, or a known or suspected carcinogen, as defined by the International Agency for Research on Cancer, and the carcinogen is reasonably linked to the disabling cancer, is presumed to have an occupational disease under paragraph (a).  If a firefighter who enters the service after August 1, 1988, is examined by a physician prior to being hired and the examination discloses the existence of a cancer of a type described in this paragraph, the firefighter is not entitled to the presumption unless a subsequent medical determination is made that the firefighter no longer has the cancer.

 

(d) For the purposes of this chapter, "mental impairment" means a diagnosis of post-traumatic stress disorder by a licensed psychiatrist or psychologist.  For the purposes of this chapter, "post-traumatic stress disorder" means the condition as described in the most recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association.  For purposes of section 79.34, subdivision 2, one or more compensable mental impairment claims arising out of a single event or occurrence shall constitute a single loss occurrence.

 

(e) If, preceding the date of disablement or death, an employee who was employed on active duty as:  a licensed police officer; a firefighter; a paramedic; an emergency medical technician; a licensed nurse employed to provide emergency medical services outside of a medical facility; a public safety dispatcher; an officer employed by the state or a political subdivision at a corrections, detention, or secure treatment facility; a sheriff or full-time deputy sheriff of any county; or a member of the Minnesota State Patrol is diagnosed with a mental impairment as defined in paragraph (d), and had not been diagnosed with the mental impairment previously, then the mental impairment is presumptively an occupational disease and shall be presumed to have been due to the nature of employment.  This presumption may be rebutted by substantial factors brought by the employer or insurer.  Any substantial factors that are used to rebut this presumption and that are known to the employer or insurer at the time of the denial of liability shall be communicated to the employee on the denial of liability.  The mental impairment is not considered an occupational disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer.

 

EFFECTIVE DATE.  This section is effective for employees with dates of injury on or after January 1, 2019.

 

Sec. 2.  Minnesota Statutes 2016, section 176.101, subdivision 2, is amended to read:

 

Subd. 2.  Temporary partial disability.  (a) In all cases of temporary partial disability the compensation shall be 66-2/3 percent of the difference between the weekly wage of the employee at the time of injury and the wage the employee is able to earn in the employee's partially disabled condition.  This compensation shall be paid during the period of disability except as provided in this section, payment to be made at the intervals when the wage was payable, as nearly as may be, and subject to the maximum rate for temporary total compensation.

 

(b) Temporary partial compensation may be paid only while the employee is employed, earning less than the employee's weekly wage at the time of the injury, and the reduced wage the employee is able to earn in the employee's partially disabled condition is due to the injury.  Except as provided in section 176.102, subdivision 11, paragraphs (b) and (c), temporary partial compensation may not be paid for more than 225 275 weeks, or after 450 weeks after the date of injury, whichever occurs first.

 

(c) Temporary partial compensation must be reduced to the extent that the wage the employee is able to earn in the employee's partially disabled condition plus the temporary partial disability payment otherwise payable under this subdivision exceeds 500 percent of the statewide average weekly wage.


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Sec. 3.  Minnesota Statutes 2016, section 176.101, subdivision 2a, is amended to read:

 

Subd. 2a.  Permanent partial disability.  (a) Compensation for permanent partial disability is as provided in this subdivision.  Permanent partial disability must be rated as a percentage of the whole body in accordance with rules adopted by the commissioner under section 176.105.  The percentage determined pursuant to the rules must be multiplied by the corresponding amount in the following table:

 

Impairment Rating

 

 

 

Amount

 

(percent)

 

 

 

 

 

less than 5.5

 

 

$75,000 78,800

 

5.5 to less than 10.5

 

 

80,000 84,000

 

10.5 to less than 15.5

 

 

85,000 89,300

 

15.5 to less than 20.5

 

 

90,000 94,500

 

20.5 to less than 25.5

 

 

95,000 99,800

 

25.5 to less than 30.5

 

 

100,000 105,000

 

30.5 to less than 35.5

 

 

110,000 115,500

 

35.5 to less than 40.5

 

 

120,000 126,000

 

40.5 to less than 45.5

 

 

130,000 136,500

 

45.5 to less than 50.5

 

 

140,000 147,000

 

50.5 to less than 55.5

 

 

165,000 173,300

 

55.5 to less than 60.5

 

 

190,000 199,500

 

60.5 to less than 65.5

 

 

215,000 225,800

 

65.5 to less than 70.5

 

 

240,000 252,000

 

70.5 to less than 75.5

 

 

265,000 278,300

 

75.5 to less than 80.5

 

 

315,000 330,800

 

80.5 to less than 85.5

 

 

365,000 383,300

 

85.5 to less than 90.5

 

 

415,000 435,800

 

90.5 to less than 95.5

 

 

465,000 488,300

 

95.5 up to and including 100

 

 

515,000 540,800

 

 

An employee may not receive compensation for more than a 100 percent disability of the whole body, even if the employee sustains disability to two or more body parts.

 

(b) Permanent partial disability is payable upon cessation of temporary total disability under subdivision 1.  If the employee requests payment in a lump sum, then the compensation must be paid within 30 days.  This lump-sum payment may be discounted to the present value calculated up to a maximum five percent basis.  If the employee does not choose to receive the compensation in a lump sum, then the compensation is payable in installments at the same intervals and in the same amount as the employee's temporary total disability rate on the date of injury.  Permanent partial disability is not payable while temporary total compensation is being paid.

 

Sec. 4.  Minnesota Statutes 2016, section 176.101, subdivision 4, is amended to read:

 

Subd. 4.  Permanent total disability.  For permanent total disability, as defined in subdivision 5, the compensation shall be 66-2/3 percent of the daily wage at the time of the injury, subject to a maximum weekly compensation equal to the maximum weekly compensation for a temporary total disability and a minimum weekly compensation equal to 65 percent of the statewide average weekly wage.  This compensation shall be paid during the permanent total disability of the injured employee but after a total of $25,000 of weekly compensation has been paid, the amount of the weekly compensation benefits being paid by the employer shall be reduced by the amount of any disability benefits being paid by any government disability benefit program if the disability benefits are


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occasioned by the same injury or injuries which give rise to payments under this subdivision.  This reduction shall also apply to any old age and survivor insurance benefits.  Payments shall be made at the intervals when the wage was payable, as nearly as may be.  In case an employee who is permanently and totally disabled becomes an inmate of a public institution, no compensation shall be payable during the period of confinement in the institution, unless there is wholly dependent on the employee for support some person named in section 176.111, subdivision 1, 2 or 3, in which case the compensation provided for in section 176.111, during the period of confinement, shall be paid for the benefit of the dependent person during dependency.  The dependency of this person shall be determined as though the employee were deceased.  Permanent total disability shall cease at age 67 because the employee is presumed retired from the labor market 72, except that if an employee is injured after age 67, permanent total disability benefits shall cease after five years of those benefits have been paid.  This presumption is rebuttable by the employee.  The subjective statement the employee is not retired is not sufficient in itself to rebut the presumptive evidence of retirement but may be considered along with other evidence.

 

Sec. 5.  Minnesota Statutes 2016, section 176.102, subdivision 11, is amended to read:

 

Subd. 11.  Retraining; compensation.  (a) Retraining is limited to 156 weeks.  An employee who has been approved for retraining may petition the commissioner or compensation judge for additional compensation not to exceed 25 percent of the compensation otherwise payable.  If the commissioner or compensation judge determines that this additional compensation is warranted due to unusual or unique circumstances of the employee's retraining plan, the commissioner may award additional compensation in an amount not to exceed the employee's request.  This additional compensation shall cease at any time the commissioner or compensation judge determines the special circumstances are no longer present.

 

(b) If the employee is not employed during a retraining plan that has been specifically approved under this section, temporary total compensation is payable for up to 90 days after the end of the retraining plan; except that, payment during the 90-day period is subject to cessation in accordance with section 176.101.  If the employee is employed during the retraining plan but earning less than at the time of injury, temporary partial compensation is payable at the rate of 66-2/3 percent of the difference between the employee's weekly wage at the time of injury and the weekly wage the employee is able to earn in the employee's partially disabled condition, subject to the maximum rate for temporary total compensation.  Temporary partial compensation is not subject to the 225-week 275-week or 450-week limitations provided by section 176.101, subdivision 2, during the retraining plan, but is subject to those limitations before and after the plan.

 

(c) Any request for retraining shall be filed with the commissioner before 208 weeks of any combination of temporary total or temporary partial compensation have been paid.  Retraining shall not be available after 208 weeks of any combination of temporary total or temporary partial compensation benefits have been paid unless the request for the retraining has been filed with the commissioner prior to the time the 208 weeks of compensation have been paid.

 

(d) The employer or insurer must notify the employee in writing of the 208-week limitation for filing a request for retraining with the commissioner.  This notice must be given before 80 weeks of temporary total disability or temporary partial disability compensation have been paid, regardless of the number of weeks that have elapsed since the date of injury.  If the notice is not given before the 80 weeks, the period of time within which to file a request for retraining is extended by the number of days the notice is late, but in no event may a request be filed later than 225 weeks after any combination of temporary total disability or temporary partial disability compensation have been paid.  The commissioner may assess a penalty of $25 per day that the notice is late, up to a maximum penalty of $2,000, against an employer or insurer for failure to provide the notice.  The penalty is payable to the commissioner for deposit in the assigned risk safety account.


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Sec. 6.  Minnesota Statutes 2016, section 176.83, subdivision 5, is amended to read:

 

Subd. 5.  Treatment standards for medical services.  (a) In consultation with the Medical Services Review Board or the rehabilitation review panel, the commissioner shall adopt rules establishing standards and procedures for health care provider treatment.  The rules shall apply uniformly to all providers including those providing managed care under section 176.1351.  The rules shall be used to determine whether a provider of health care services and rehabilitation services, including a provider of medical, chiropractic, podiatric, surgical, hospital, or other services, is performing procedures or providing services at a level or with a frequency that is excessive, unnecessary, or inappropriate under section 176.135, subdivision 1, based upon accepted medical standards for quality health care and accepted rehabilitation standards.

 

(b) The rules shall include, but are not limited to, the following:

 

(1) criteria for diagnosis and treatment of the most common work-related injuries including, but not limited to, low back injuries and upper extremity repetitive trauma injuries;

 

(2) criteria for surgical procedures including, but not limited to, diagnosis, prior conservative treatment, supporting diagnostic imaging and testing, and anticipated outcome criteria;

 

(3) criteria for use of appliances, adaptive equipment, and use of health clubs or other exercise facilities;

 

(4) criteria for diagnostic imaging procedures;

 

(5) criteria for inpatient hospitalization;

 

(6) criteria for treatment of chronic pain; and

 

(7) criteria for the long-term use of opioids or other scheduled medications to alleviate intractable pain and improve function, including the use of written contracts between the injured worker and the health care provider who prescribes the medication.; and

 

(8) criteria for treatment of post-traumatic stress disorder.  In developing such treatment criteria, the commissioner and the Medical Services Review Board shall consider the guidance set forth in the American Psychological Association's most recently adopted Clinical Practice Guideline for the Treatment of Posttraumatic Stress Disorder (PTSD) in Adults.  The commissioner shall adopt such rules using the expedited rulemaking process in section 14.389, including subdivision 5, to commence promptly upon final enactment of the legislation enacting this clause.  Such rules shall apply to employees with all dates of injury who receive treatment after the commissioner adopts the rules.  In consultation with the Medical Services Review Board, the commissioner shall review and update the rules governing criteria for treatment of post-traumatic stress disorder each time the American Psychological Association adopts a significant change to their Clinical Practice Guideline for the Treatment of PTSD in Adults, using the expedited rulemaking process in section 14.389, including subdivision 5.

 

(c) If it is determined by the payer that the level, frequency, or cost of a procedure or service of a provider is excessive, unnecessary, or inappropriate according to the standards established by the rules, the provider shall not be paid for the procedure, service, or cost by an insurer, self-insurer, or group self-insurer, and the provider shall not be reimbursed or attempt to collect reimbursement for the procedure, service, or cost from any other source, including the employee, another insurer, the special compensation fund, or any government program unless the commissioner or compensation judge determines at a hearing or administrative conference that the level, frequency, or cost was not excessive under the rules in which case the insurer, self-insurer, or group self-insurer shall make the payment deemed reasonable.


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(d) A rehabilitation provider who is determined by the rehabilitation review panel board, after hearing, to be consistently performing procedures or providing services at an excessive level or cost may be prohibited from receiving any further reimbursement for procedures or services provided under this chapter.  A prohibition imposed on a provider under this subdivision may be grounds for revocation or suspension of the provider's license or certificate of registration to provide health care or rehabilitation service in Minnesota by the appropriate licensing or certifying body.  The commissioner and Medical Services Review Board shall review excessive, inappropriate, or unnecessary health care provider treatment under section 176.103.

 

EFFECTIVE DATE.  This section is effective June 1, 2018.

 

Sec. 7.  EFFECTIVE DATE.

 

Unless otherwise specified, this article is effective for employees with dates of injury on or after October 1, 2018.

 

ARTICLE 14

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; POLICY

 

Section 1.  Minnesota Statutes 2016, section 268.035, subdivision 12, is amended to read:

 

Subd. 12.  Covered employment.  (a) "Covered employment" means the following unless excluded as "noncovered employment" under subdivision 20:

 

(1) an employee's entire employment during the calendar quarter if:

 

(i) (1) 50 percent or more of the employment during the quarter is performed primarily in Minnesota;

 

(ii) (2) 50 percent or more of the employment during the quarter is not performed primarily in Minnesota or any other state, or Canada, but some of the employment is performed in Minnesota and the base of operations or the place from which the employment is directed or controlled is in Minnesota; or

 

(iii) the employment during the quarter is not performed primarily in Minnesota or any other state and the base of operations or place from which the employment is directed or controlled is not in any state where part of the employment is performed, but the employee's residence is in Minnesota during 50 percent or more of the calendar quarter;

 

(2) an employee's entire employment during the calendar quarter performed within the United States or Canada, if:

 

(i) the employment is not covered employment under the unemployment insurance program of any other state, federal law, or the law of Canada; and

 

(ii) the place from which the employment is directed or controlled is in Minnesota;

 

(3) the employment during the calendar quarter, is performed entirely outside the United States and Canada, by an employee who is a United States citizen in the employ of an American employer, if the employer's principal place of business in the United States is located in Minnesota.  For the purposes of this clause, an "American employer, " for the purposes of this clause, means a corporation organized under the laws of any state, an individual who is a resident of the United States, or a partnership if two-thirds or more of the partners are residents of the United States, or a trust, if all of the trustees are residents of the United States is as defined under the Federal Unemployment Tax Act, United States Code title 26, chapter 23, section 3306, subsection (j)(3); and


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(4) all the employment during the calendar quarter is performed by an officer or member of the crew of an American vessel on or in connection with the vessel, if the operating on navigable waters within, or within and without, the United States, and the office from which the operations of the vessel operating on navigable waters within, or within and without, the United States are ordinarily and regularly supervised, managed, directed, and controlled is in Minnesota.

 

(b) "Covered employment" includes covered agricultural employment under subdivision 11.

 

(c) For the purposes of section 268.095, "covered employment" includes employment covered under an unemployment insurance program:

 

(1) of any other state; or

 

(2) established by an act of Congress.; or

 

(3) the law of Canada.

 

(d) The percentage of employment performed under paragraph (a) is determined by the amount of hours worked.

 

(e) Covered employment does not include any employment defined as "noncovered employment" under subdivision 20.

 

Sec. 2.  Minnesota Statutes 2017 Supplement, section 268.035, subdivision 20, is amended to read:

 

Subd. 20.  Noncovered employment.  "Noncovered employment" means:

 

(1) employment for the United States government or an instrumentality thereof, including military service;

 

(2) employment for a state, other than Minnesota, or a political subdivision or instrumentality thereof;

 

(3) employment for a foreign government;

 

(4) employment covered under the federal Railroad Unemployment Insurance Act;

 

(5) employment for a church or convention or association of churches, or a nonprofit organization operated primarily for religious purposes that is operated, supervised, controlled, or principally supported by a church or convention or association of churches;

 

(6) employment for an elementary or secondary school with a curriculum that includes religious education that is operated by a church, a convention or association of churches, or a nonprofit organization that is operated, supervised, controlled, or principally supported by a church or convention or association of churches;

 

(7) employment for Minnesota or a political subdivision, or a nonprofit organization, of a duly ordained or licensed minister of a church in the exercise of a ministry or by a member of a religious order in the exercise of duties required by the order;

 

(8) employment for Minnesota or a political subdivision, or a nonprofit organization, of an individual receiving rehabilitation of "sheltered" work in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or a program providing "sheltered" work for individuals who because of an impaired physical or mental capacity cannot be readily absorbed in the competitive labor market.  This clause applies only to services performed in a facility certified by the Rehabilitation Services Branch of the department or in a day training or habilitation program licensed by the Department of Human Services;


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(9) employment for Minnesota or a political subdivision, or a nonprofit organization, of an individual receiving work relief or work training as part of an unemployment work relief or work training program financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof.  This clause does not apply to programs that require unemployment benefit coverage for the participants;

 

(10) employment for Minnesota or a political subdivision, as an elected official, a member of a legislative body, or a member of the judiciary;

 

(11) employment as a member of the Minnesota National Guard or Air National Guard;

 

(12) employment for Minnesota or a political subdivision, or instrumentality thereof, of an individual serving on a temporary basis in case of fire, flood, tornado, or similar emergency;

 

(13) employment as an election official or election worker for Minnesota or a political subdivision, if the compensation for that employment was less than $1,000 in a calendar year;

 

(14) employment for Minnesota that is a major policy-making or advisory position in the unclassified service;

 

(15) employment for Minnesota in an unclassified position established under section 43A.08, subdivision 1a;

 

(16) employment for a political subdivision of Minnesota that is a nontenured major policy making or advisory position;

 

(17) domestic employment in a private household, local college club, or local chapter of a college fraternity or sorority, if the wages paid in any calendar quarter in either the current or prior calendar year to all individuals in domestic employment totaled less than $1,000.

 

"Domestic employment" includes all service in the operation and maintenance of a private household, for a local college club, or local chapter of a college fraternity or sorority as distinguished from service as an employee in the pursuit of an employer's trade or business;

 

(18) employment of an individual by a son, daughter, or spouse, and employment of a child under the age of 18 by the child's father or mother;

 

(19) employment of an inmate of a custodial or penal institution;

 

(20) employment for a school, college, or university, by a student who is enrolled and whose primary relation to the school, college, or university is as a student.  This does not include an individual whose primary relation to the school, college, or university is as an employee who also takes courses;

 

(21) employment of an individual who is enrolled as a student in a full-time program at a nonprofit or public educational institution that maintains a regular faculty and curriculum and has a regularly organized body of students in attendance at the place where its educational activities are carried on, taken for credit at the institution, that combines academic instruction with work experience, if the employment is an integral part of the program, and the institution has so certified to the employer, except that this clause does not apply to employment in a program established for or on behalf of an employer or group of employers;

 

(22) employment of a foreign college or university student who works on a seasonal or temporary basis under the J-1 visa summer work travel program described in Code of Federal Regulations, title 22, section 62.32;


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(22) (23) employment of university, college, or professional school students in an internship or other training program with the city of St. Paul or the city of Minneapolis under Laws 1990, chapter 570, article 6, section 3;

 

(23) (24) employment for a hospital by a patient of the hospital.  "Hospital" means an institution that has been licensed by the Department of Health as a hospital;

 

(24) (25) employment as a student nurse for a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in an accredited nurses' training school;

 

(25) (26) employment as an intern for a hospital by an individual who has completed a four-year course in an accredited medical school;

 

(26) (27) employment as an insurance salesperson, by other than a corporate officer, if all the wages from the employment is solely by way of commission.  The word "insurance" includes an annuity and an optional annuity;

 

(27) (28) employment as an officer of a township mutual insurance company or farmer's mutual insurance company under chapter 67A;

 

(28) (29) employment of a corporate officer, if the officer directly or indirectly, including through a subsidiary or holding company, owns 25 percent or more of the employer corporation, and employment of a member of a limited liability company, if the member directly or indirectly, including through a subsidiary or holding company, owns 25 percent or more of the employer limited liability company;

 

(29) (30) employment as a real estate salesperson, other than a corporate officer, if all the wages from the employment is solely by way of commission;

 

(30) (31) employment as a direct seller as defined in United States Code, title 26, section 3508;

 

(31) (32) employment of an individual under the age of 18 in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;

 

(32) (33) casual employment performed for an individual, other than domestic employment under clause (17), that does not promote or advance that employer's trade or business;

 

(33) (34) employment in "agricultural employment" unless it is "covered agricultural employment" under subdivision 11; or

 

(34) (35) if employment during one-half or more of any pay period was covered employment, all the employment for the pay period is covered employment; but if during more than one-half of any pay period the employment was noncovered employment, then all of the employment for the pay period is noncovered employment.  "Pay period" means a period of not more than a calendar month for which a payment or compensation is ordinarily made to the employee by the employer.

 

Sec. 3.  Minnesota Statutes 2016, section 268.051, subdivision 2a, is amended to read:

 

Subd. 2a.  Unemployment insurance tax limits reduction.  (a) If the balance in the trust fund on December 31 of any calendar year is four percent or more above the amount equal to an average high cost multiple of 1.0, future unemployment taxes payable must be reduced by all amounts above 1.0.  The amount of tax reduction for any taxpaying employer is the same percentage of the total amount above 1.0 as the percentage of taxes paid by the employer during the calendar year is of the total amount of taxes that were paid by all nonmaximum experience rated employers during the year except taxes paid by employers assigned a tax rate equal to the maximum experience rating plus the applicable base tax rate.


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(b) For purposes of this subdivision, "average high cost multiple" has the meaning given in Code of Federal Regulations, title 20, section 606.3, as amended through December 31, 2015.  An amount equal to an average high cost multiple of 1.0 is a federal measure of adequate reserves in relation to the state's current economy.  The commissioner must calculate and publish, as soon as possible following December 31 of any calendar year, the trust fund balance on December 31 along with the amount an average high cost multiple of 1.0 equals.  Actual wages paid must be used in the calculation and estimates may not be used.

 

(c) The unemployment tax reduction under this subdivision does not apply to employers that were at assigned a tax rate equal to the maximum experience rating plus the applicable base tax rate for the year, nor to high experience rating industry employers under subdivision 5, paragraph (b).  Computations under paragraph (a) are not subject to the rounding requirement of section 268.034.  The refund provisions of section 268.057, subdivision 7, do not apply.

 

(d) The unemployment tax reduction under this subdivision applies to taxes paid payable between March 1 and December 15 of the year following the December 31 computation under paragraph (a).

 

(e) The amount equal to the average high cost multiple of 1.0 on December 31, 2012, must be used for the calculation under paragraph (a) but only for the calculation made on December 31, 2015.  Notwithstanding paragraph (d), the tax reduction resulting from the application of this paragraph applies to unemployment taxes paid between July 1, 2016, and June 30, 2017.  If there was an experience rating history transfer under subdivision 4, the successor employer must receive that portion of the predecessor employer's tax reduction equal to that portion of the experience rating history transferred.  The predecessor employer retains that portion of tax reduction not transferred to the successor.  This paragraph applies to that portion of the tax reduction that remains unused at the time notice of acquisition is provided under subdivision 4, paragraph (e).

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 4.  ADDITIONAL UNEMPLOYMENT BENEFITS PROGRAM FOR WORKERS LAID OFF FROM INTERNATIONAL BILDRITE, INC.

 

Subdivision 1.  Availability of additional benefits.  Additional unemployment benefits are available from the Minnesota unemployment insurance trust fund to an applicant who was laid off due to lack of work between December 1, 2017, and June 30, 2018, at International Bildrite, Inc. facilities in International Falls.

 

Subd. 2.  Eligibility requirements.  An applicant is eligible to receive additional unemployment benefits under this section for any week beginning April 1, 2018, through the week ending June 1, 2019, if:

 

(1) the applicant established a benefit account under Minnesota Statutes, section 268.07, with a majority of the wage credits from International Bildrite, Inc., and has exhausted the maximum amount of regular unemployment benefits available on that benefit account; and

 

(2) the applicant meets the same requirements that an applicant for regular unemployment benefits must meet under Minnesota Statutes, section 268.069, subdivision 1.

 

Subd. 3.  Weekly and maximum amount of additional unemployment benefits.  (a) The weekly benefit amount of additional unemployment benefits is the same as the weekly benefit amount of regular unemployment benefits on the benefit account established in subdivision 2, clause (1).

 

(b) The maximum amount of additional unemployment benefits available to an applicant under this section is an amount equal to 13 weeks of payment at the applicant's weekly additional unemployment benefit amount.


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(c) If an applicant qualifies for a new regular benefit account that meets the requirements of subdivision 4, paragraph (b), before the applicant has been paid additional unemployment benefits, and that new regular benefit account meets the requirements of subdivision 2, clause (1), the applicant's weekly additional unemployment benefit amount is equal to the weekly unemployment benefit amount on the applicant's new regular benefit account.

 

Subd. 4.  Qualifying for a new regular benefit account.  (a) If after exhausting the maximum amount of regular unemployment benefits available as a result of the layoff under subdivision 1, an applicant qualifies for the new regular benefit account under Minnesota Statutes, section 268.07, the applicant must apply for and establish that new regular benefit account.

 

(b) If the applicant's weekly benefit amount under the new regular benefit account is equal to or higher than the applicant's weekly additional unemployment benefit amount, the applicant must request unemployment benefits under the new regular benefit account.  An applicant is ineligible for additional unemployment benefits under this section until the applicant has exhausted the maximum amount of unemployment benefits available on the new regular benefit account.

 

(c) If the applicant's weekly unemployment benefit amount on the new regular benefit account is less than the applicant's weekly benefit amount of additional unemployment benefits, the applicant must request additional unemployment benefits.  An applicant is ineligible for new regular unemployment benefits until the applicant has exhausted the maximum amount of additional unemployment benefits available under this section.

 

Subd. 5.  Charging of benefits.  Additional unemployment benefits paid under this section must be used to compute the future unemployment tax rate of a taxpaying employer or charged to the reimbursing account of government or nonprofit employers.

 

Subd. 6.  Eligibility for federal Trade Readjustment Allowance benefits.  An applicant who has applied and been determined eligible for federal Trade Readjustment Allowance benefits is not eligible for extended unemployment benefits under this section.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 5.  EFFECTIVE DATE.

 

Unless otherwise specified, this article is effective September 16, 2018.

 

ARTICLE 15

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; INTEREST

 

Section 1.  Minnesota Statutes 2016, section 268.057, subdivision 5, is amended to read:

 

Subd. 5.  Interest on amounts past due.  If any amounts due from an employer under this chapter or section 116L.20, except late fees under section 268.044, are not received on the date due the unpaid balance bears the commissioner must assess interest on any amount that remains unpaid.  Interest is assessed at the rate of one percent per month or any part of a month.  Interest is not assessed on unpaid interest.  Interest collected under this subdivision is credited to the contingent account.

 

EFFECTIVE DATE.  This section is effective October 1, 2019.


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Sec. 2.  Minnesota Statutes 2017 Supplement, section 268.18, subdivision 2b, is amended to read:

 

Subd. 2b.  Interest.  On any unemployment benefits obtained by misrepresentation, and any penalty amounts assessed under subdivision 2, the commissioner must assess interest at the rate of one percent per month on any amount that remains unpaid beginning 30 calendar days after the date of a determination of overpayment penalty.  Interest is assessed at the rate of one percent per month or any part of a month.  A determination of overpayment penalty must state that interest will be assessed.  Interest is not assessed in the same manner as on employer debt under section 268.057, subdivision 5 on unpaid interest.  Interest payments collected under this subdivision are is credited to the trust fund.

 

EFFECTIVE DATE.  This section is effective October 1, 2019.

 

Sec. 3.  EFFECTIVE DATE.

 

Unless otherwise specified, this article is effective September 16, 2018.

 

ARTICLE 16

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; BASE PERIODS

 

Section 1.  Minnesota Statutes 2016, section 268.035, subdivision 4, is amended to read:

 

Subd. 4.  Base period.  (a) "Base period," unless otherwise provided in this subdivision, means the most recent four completed calendar quarters before the effective date of an applicant's application for unemployment benefits if the application has an effective date occurring after the month following the most recent completed calendar quarter.  The base period under this paragraph is as follows:

 

 

If the application for unemployment benefits is

effective on or between these dates: 

 

The base period is the prior: 

 

February 1 - March 31

 

January 1 - December 31

 

May 1 - June 30

 

April 1 - March 31

 

August 1 - September 30

 

July 1 - June 30

 

November 1 - December 31

 

October 1 - September 30

 

(b) If an application for unemployment benefits has an effective date that is during the month following the most recent completed calendar quarter, then the base period is the first four of the most recent five completed calendar quarters before the effective date of an applicant's application for unemployment benefits.  The base period under this paragraph is as follows:

 

 

If the application for unemployment benefits is

effective on or between these dates: 

 

The base period is the prior: 

 

January 1 - January 31

 

October 1 - September 30

 

April 1 - April 30

 

January 1 - December 31

 

July 1 - July 31

 

April 1 - March 31

 

October 1 - October 31

 

July 1 - June 30

 

(c) Regardless of paragraph (a), a base period of the first four of the most recent five completed calendar quarters must be used if the applicant would have more wage credits under that base period than under a base period of the four most recent completed calendar quarters.


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(d) If the applicant under paragraph (b) has insufficient wage credits to establish a benefit account, then a base period of the most recent four completed calendar quarters before the effective date of the applicant's application for unemployment benefits must be used.

 

(e) (d) If the applicant has insufficient wage credits to establish a benefit account under a base period of the four most recent completed calendar quarters, or a base period of the first four of the most recent five completed calendar quarters, but during either base period the applicant received workers' compensation for temporary disability under chapter 176 or a similar federal law or similar law of another state, or if the applicant whose own serious illness caused a loss of work for which the applicant received compensation for loss of wages from some other source, the applicant may request a base period as follows:

 

(1) if an applicant was compensated for a loss of work of seven to 13 weeks, during a base period referred to in paragraph (a) or (b), then the base period is the first four of the most recent six completed calendar quarters before the effective date of the application for unemployment benefits;

 

(2) if an applicant was compensated for a loss of work of 14 to 26 weeks, during a base period referred to in paragraph (a) or (b), then the base period is the first four of the most recent seven completed calendar quarters before the effective date of the application for unemployment benefits;

 

(3) if an applicant was compensated for a loss of work of 27 to 39 weeks, during a base period referred to in paragraph (a) or (b), then the base period is the first four of the most recent eight completed calendar quarters before the effective date of the application for unemployment benefits; and

 

(4) if an applicant was compensated for a loss of work of 40 to 52 weeks, during a base period referred to in paragraph (a) or (b), then the base period is the first four of the most recent nine completed calendar quarters before the effective date of the application for unemployment benefits.

 

(f) (e) No base period under this subdivision may include wage credits upon which a prior benefit account was established.

 

Sec. 2.  Minnesota Statutes 2017 Supplement, section 268.07, subdivision 1, is amended to read:

 

Subdivision 1.  Application for unemployment benefits; determination of benefit account.  (a) An application for unemployment benefits may be filed in person, by mail, or by electronic transmission as the commissioner may require.  The applicant must be unemployed at the time the application is filed and must provide all requested information in the manner required.  If the applicant is not unemployed at the time of the application or fails to provide all requested information, the communication is not an application for unemployment benefits.

 

(b) The commissioner must examine each application for unemployment benefits to determine the base period and the benefit year, and based upon all the covered employment in the base period the commissioner must determine the weekly unemployment benefit amount available, if any, and the maximum amount of unemployment benefits available, if any.  The determination, which is a document separate and distinct from a document titled a determination of eligibility or determination of ineligibility issued under section 268.101, must be titled determination of benefit account.  A determination of benefit account must be sent to the applicant and all base period employers, by mail or electronic transmission.

 

(c) If a base period employer did not provide wage detail information for the applicant as required under section 268.044, or provided erroneous information, or wage detail is not yet due and the applicant is using a base period under section 268.035, subdivision 4, paragraph (d), the commissioner may accept an applicant certification of wage credits, based upon the applicant's records, and issue a determination of benefit account.


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(d) An employer must provide wage detail information on an applicant within five calendar days of request by the commissioner, in a manner and format requested, when:

 

(1) the applicant is using a base period under section 268.035, subdivision 4, paragraph (d); and

 

(2) wage detail under section 268.044 is not yet required to have been filed by the employer.

 

(e) (d) The commissioner may, at any time within 24 months from the establishment of a benefit account, reconsider any determination of benefit account and make an amended determination if the commissioner finds that the wage credits listed in the determination were incorrect for any reason.  An amended determination of benefit account must be promptly sent to the applicant and all base period employers, by mail or electronic transmission.  This subdivision does not apply to documents titled determinations of eligibility or determinations of ineligibility issued under section 268.101.

 

(f) (e) If an amended determination of benefit account reduces the weekly unemployment benefit amount or maximum amount of unemployment benefits available, any unemployment benefits that have been paid greater than the applicant was entitled is an overpayment of unemployment benefits.  A determination or amended determination issued under this section that results in an overpayment of unemployment benefits must set out the amount of the overpayment and the requirement under section 268.18, subdivision 1, that the overpaid unemployment benefits must be repaid.

 

Sec. 3.  EFFECTIVE DATE.

 

Unless otherwise specified, this article is effective September 16, 2018.

 

ARTICLE 17

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; HOUSEKEEPING

 

Section 1.  Minnesota Statutes 2017 Supplement, section 268.035, subdivision 15, is amended to read:

 

Subd. 15.  Employment.  (a) "Employment" means service performed by:

 

(1) an individual who is an employee under the common law of employer-employee and not an independent contractor;

 

(2) an officer of a corporation;

 

(3) a member of a limited liability company who is an employee under the common law of employer-employee; or