Journal of the House - 35th Day - Tuesday, April 9, 2019 - Top of Page 1885

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2019

 

_____________________

 

THIRTY-FIFTH DAY

 

Saint Paul, Minnesota, Tuesday, April 9, 2019

 

 

      The House of Representatives convened at 9:00 a.m. and was called to order by Liz Olson, Speaker pro tempore.

 

      Prayer was offered by The Reverend Richard D. Buller, Valley Community Presbyterian Church, Golden Valley, Minnesota.

 

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

 

      The Speaker assumed the Chair.

 

      The roll was called and the following members were present:

 


Acomb

Albright

Anderson

Bahr

Baker

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hornstein

Howard

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

      A quorum was present.

 

      Backer, Bahner, Becker-Finn, Hertaus, O'Driscoll, Schultz and West were excused.

 

      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 - 35th Day - Tuesday, April 9, 2019 - Top of Page 1886

REPORTS OF CHIEF CLERK

 

      S. F. No. 558 and H. F. No. 300, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Pinto moved that S. F. No. 558 be substituted for H. F. No. 300 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 2206, A bill for an act relating to health licensing; making technical changes; expanding duty to warn and reciprocity for certain mental health professionals and social workers; amending Minnesota Statutes 2018, sections 148B.56; 148B.593; 148E.240, subdivision 6; 148F.03; 148F.13, subdivision 2.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 2208, A bill for an act relating to jobs; appropriating money for the Departments of Employment and Economic Development, Labor and Industry, Human Services, and Commerce; the Bureau of Mediation Services; Public Employment Relations Board; Housing Finance Agency; Workers' Compensation Court of Appeals; and Public Utilities Commission; making policy and technical changes; modifying fees; providing criminal and civil penalties; requiring reports; amending Minnesota Statutes 2018, sections 16C.285, subdivision 3; 116J.8731, subdivision 5; 116J.8748, subdivision 4; 177.27, subdivisions 2, 4, 7, 8, by adding subdivisions; 177.30; 177.32, subdivision 1; 181.03, subdivision 1, by adding subdivisions; 181.032; 181.101; 182.659, subdivision 8; 182.666, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 326B.802, subdivision 15; 327C.095, subdivisions 1, 2, 3, 4, 12, 13; 341.30, subdivision 1; 341.32, subdivision 1; 341.321; 345.515; 345.53, subdivision 1, by adding a subdivision; 609.52, subdivisions 1, 2, 3; proposing coding for new law in Minnesota Statutes, chapters 177; 181; 216C; proposing coding for new law as Minnesota Statutes, chapter 345A; repealing Minnesota Statutes 2018, sections 177.27, subdivisions 1, 3; 345.53, subdivision 2.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

JOBS APPROPRIATIONS

 

Section 1.  JOBS AND ECONOMIC DEVELOPMENT. 

 

(a) The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2020" and "2021" used in this article mean the


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appropriations listed under them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.  "The first year" is fiscal year 2020.  "The second year" is fiscal year 2021.  "Each year" means each of fiscal years 2020 and 2021.

 

(b) If an appropriation in this article is enacted more than once in the 2019 legislative session, the appropriation must be given effect only once.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2020

2021

 

Sec. 2.  DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT

 

 

 

 

Subdivision 1.  Total Appropriation

 

$169,405,000

 

$139,075,000

 

Appropriations by Fund

 

 

2020

2021

 

General

 134,933,000

 104,804,000

Remediation

700,000

700,000

Workforce Development

33,772,000

33,571,000

 

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

 

Subd. 2.  Business and Community Development

 

 47,121,000

 

 34,230,000

 

Appropriations by Fund

 

General

 44,721,000

 31,830,000

Remediation

700,000

700,000

Workforce Development

1,700,000

1,700,000

 

(a) $9,350,000 the first year is for:

 

(1) the greater Minnesota business development public infrastructure grant program under Minnesota Statutes, section 116J.431;

 

(2) the spark program, formerly known as the business development competitive grant program;

 

(3) the community prosperity grant program;

 

(4) a grant to the Minnesota Design Center at the University of Minnesota for the greater Minnesota community design program; and

 

(5) a grant to Red Wing Ignite for economic development activities focused on technology and innovation in Southeastern Minnesota.

The commissioner has discretion to allocate this appropriation among the listed programs, including awarding zero funds to a


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listed program or grantee.  The commissioner has discretion to stipulate reasonable terms for individual programs and grants.  Of this amount, up to four percent is for administration and monitoring of the funded programs.  This appropriation is available until June 30, 2022.

 

(b) $2,500,000 each year is for the Minnesota Innovation Collaborative.  This is a onetime appropriation and funds are available until June 30, 2023.  Of this amount:

 

(1) $1,600,000 each year is for innovation grants to eligible Minnesota entrepreneurs or start-up businesses to assist with their operating needs.  Of this amount, five percent is for the department's administrative costs;

 

(2) $450,000 each year is for administration of the Minnesota Innovation Collaborative; and

 

(3) $450,000 each year is for grantee activities at the Minnesota Innovation Collaborative.  Of this amount, five percent is for the department's administrative costs.

 

(c) $1,772,000 each year is from the general fund and $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.  These appropriations are available until spent.

 

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

 

(e) $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.

 

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

 

(g) $500,000 the first year and $125,000 the second year are for grants 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.

 

(h) $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.


Journal of the House - 35th Day - Tuesday, April 9, 2019 - Top of Page 1889

(i) $300,000 each year is for a grant to Enterprise Minnesota, Inc. to provide business performance assessments to Minnesota manufacturers with 50 or fewer employees, with focus on very small and rural locations.  The assessment findings must position Minnesota manufacturers to retain and recruit employees and grow in their community.  This is a onetime appropriation.

 

(j) $250,000 the first year is for a grant to the Rondo Community Land Trust for improvements to leased commercial space in the Selby Milton Victoria Project that will create long-term affordable space for small businesses and for build-out and development of new businesses.

 

(k) $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.

 

(l) $2,865,000 the first year is for grants for projects that support economic development by increasing the availability of child care.  Eligible recipients for these grants are limited to:

 

(1) WomenVenture;

 

(2) the Minnesota Initiative Foundations; and

 

(3) eligible applicants under the child care economic development grant program.

 

The commissioner has discretion to allocate the available grant funds among the listed eligible recipients, including awarding zero funds to a listed entity.  The commissioner has discretion to stipulate reasonable terms for individual programs and grants.  Of this amount, up to four percent is for administration and monitoring of the funded programs.  This appropriation is available until June 30, 2021.

 

(m)(1) $750,000 each year is for grants to the Neighborhood Development Center for small business programs.  This is a onetime appropriation.

 

(2) Of the amount appropriated in the first year, $150,000 is for outreach and training activities outside the seven-county metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2.

 

(n)(1) $50,000 the first year is for grants to support broadband connections for coworking spaces designed to foster start-up businesses.  Grant recipients must be located in an unserved area or


Journal of the House - 35th Day - Tuesday, April 9, 2019 - Top of Page 1890

an underserved area for broadband, as defined in Minnesota Statutes, section 116J.394.  Grant recipients must obtain a 100 percent nonstate match to grant funds in either cash or in-kind contributions, though matching funds may be used for expenses of the coworking space other than broadband.  This is a onetime appropriation.

 

(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 start-up businesses served and the amount of local funds invested.

 

(o) $6,772,000 each year is for the Minnesota job creation fund under Minnesota Statutes, section 116J.8748.  Of this amount, the commissioner of employment and economic development may use up to three percent for administrative expenses.  In fiscal years 2022 and beyond, the base amount is $5,500,000.  This appropriation is available until expended.

 

(p)(1) $6,935,000 the first year and $6,934,000 the second year are 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.  In fiscal years 2022 and beyond, the base amount is $5,500,000.  This appropriation is available until expended.

 

(2) Of the amount appropriated in the first year, $2,000,000 is for a loan to a paper mill in Duluth for a retrofit project that will support the operation and manufacture of packaging paper grades.  The company that owns the paper mill must spend $20,000,000 on project activities by December 31, 2020, in order to be eligible to receive this loan.  Loan funds may be used for purchases of materials, supplies, and equipment for the project and are available from July 1, 2019, to July 30, 2021.  The commissioner of employment and economic development shall forgive 25 percent of the loan each year after the second year during a five-year period if the mill has retained at least 200 full-time equivalent employees and has satisfied other performance goals and contractual obligations as required under Minnesota Statutes, section 116J.8731. 

 

(q) $1,000,000 each year is 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 expended.  Of this amount, up to four percent is for administration and monitoring of the program.


Journal of the House - 35th Day - Tuesday, April 9, 2019 - Top of Page 1891

(r) $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.

 

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

 

(t) $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, 2023.

 

(u) $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 expended.

 

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

 

(w) $350,000 each year is from the workforce development fund for metropolitan job training grants under Minnesota Statutes, section 116L.43.

 

Subd. 3.  Workforce Development

 

50,351,000

 

31,486,000

 

Appropriations by Fund

 

General

26,164,000

7,500,000

Workforce Development

24,187,000

23,986,000

 

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

 

(b) $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.

 

(c) $750,000 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.

 

(d) $700,000 the first year is for a grant to the Washburn Center for Children to train and hire additional children's mental health treatment staff.  Of this amount, $200,000 is for the pathways


Journal of the House - 35th Day - Tuesday, April 9, 2019 - Top of Page 1892

program to create fellowships for professionals of color in children's mental health treatment.  This appropriation is available until June 30, 2023.

 

(e)(1) $300,000 the first year is for a grant to the Regional Center for Entrepreneurial Facilitation hosted by a county or higher education institution.  Funds available under this paragraph 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 paragraph, "direct professional business assistance services" must include but is not limited to payment of overhead costs, pre-venture assistance for individuals considering starting a business, and services for underserved populations, agricultural businesses, and students.  This appropriation is not available until the commissioner determines that an equal amount is committed from nonstate sources.  This appropriation is available until June 30, 2021.

 

(2) Grant recipients shall report to the commissioner by February 1, 2021, 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, 2021, the commissioner shall report the information submitted by grant recipients to the chairs and ranking minority members of the standing committees of the house of representatives and senate having jurisdiction over economic development issues.

 

(f) $20,000 in the first year is for preparing the inventory of workforce development programs under Minnesota Statutes, section 116L.35.

 

(g) $1,500,000 each year is for a grant to Summit Academy OIC to expand its contextualized GED and employment placement program and STEM program.  This is a onetime appropriation.

 

(h) $485,000 the first year is for a grant to Lifetrack, a St. Paul nonprofit organization, for building maintenance.  This appropriation is available until June 30, 2023.

 

(i) $1,000,000 each year is for a grant to Youthprise to give grants through a competitive process to community organizations to provide economic development services designed to enhance long‑term economic self-sufficiency in communities with concentrated East African populations.  Such communities include but are not limited to Faribault, Rochester, St. Cloud, Moorhead, and Willmar.  To the extent possible, Youthprise must make at least 50 percent of these grants to organizations serving


Journal of the House - 35th Day - Tuesday, April 9, 2019 - Top of Page 1893

communities located outside the seven-county metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2.  This is a onetime appropriation and is available until June 30, 2022.

 

(j) $500,000 each year is for a grant to the YWCA of Minneapolis to provide economically challenged individuals the jobs 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.

 

(k) $250,000 each year is 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.

 

(l) $17,159,000 the first year is for:

 

(1) distribution to existing nonprofit and state displaced homemaker programs under Minnesota Statutes, section 116L.96;

 

(2) the special education employment pilot project;

 

(3) a grant to Fathers Rise Together to study the creation of a Duluth-Iron Range African heritage hub;

 

(4) a grant to Hennepin County for the Cedar Riverside Partnership;

 

(5) a grant to Goodwill-Easter Seals Minnesota and its partners for the FATHER Project;

 

(6) competitive grants to eligible nonprofit minority business development organizations for statewide business development and assistance services to minority-owned businesses, including the creation of revolving loan funds and operating support for the organizations providing the services;

 

(7) a grant to Lifetrack for job training and employment preparation for at-risk adults;

 

(8) the pathways to prosperity grant program under Minnesota Statutes, section 116L.25;

 

(9) a grant to Better Futures Minnesota 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; and


Journal of the House - 35th Day - Tuesday, April 9, 2019 - Top of Page 1894

(10) a grant to the Women's Foundation of Minnesota to create and administer a statewide internship program for young women ages 17 to 24 who are American Indian, Asian, Black, or Hispanic, that connects participants with internships and subsidizes intern wages.

 

The commissioner has discretion to allocate this appropriation among the listed programs and grantees, including awarding zero funds to a listed program or grantee.  The commissioner has discretion to stipulate reasonable terms for individual programs and grants.  Of these amounts, up to four percent is for administration and monitoring of the funded programs.  This is a onetime appropriation and funds are available until June 30, 2021.

 

(m) $100,000 the first year 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.

 

(n) $500,000 each year is from the workforce development fund for Propel Nonprofits, formerly known as the Nonprofits Assistance Fund, to make grants for infrastructure support to small nonprofit organizations that serve historically underserved cultural communities.

 

(o) $1,000,000 each year is from the workforce development fund 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 and employment placement in information technology;

 

(3) training and employment placement within trades;

 

(4) assistance in obtaining a GED;

 

(5) remedial training leading to enrollment and to sustain enrollment in a postsecondary higher education institution;

 

(6) real-time work experience in information technology fields and in the trades;

 

(7) contextualized adult basic education;

 

(8) career and educational counseling for clients with significant and multiple barriers; and;

 

(9) reentry services and counseling for adults and youth.


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After notification to the chairs and minority leads of the legislative committees with jurisdiction over jobs and economic development, the commissioner may transfer this appropriation to the commissioner of education.

 

(p) $350,000 each year is from the workforce development fund for a grant to the International Institute of Minnesota.  Grant funds must be used for workforce training for New Americans in industries in need of trained workforce.  This is a onetime appropriation.

 

(q) $100,000 the first year is from the workforce development fund for preparing a plan to address barriers to employment for persons with mental illness.

 

(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 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) $1,000,000 each year from the workforce development fund 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;

 

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


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(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.

 

(u) $1,000,000 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.

 

(v) $800,000 each year is 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.  This is a onetime appropriation and funds are available until June 30, 2022.

 

(w) $5,939,000 the first year and $5,938,000 the second year are from the workforce development fund for:

 

(1) a grant to Minnesota Diversified Industries, Inc., to provide progressive development and employment opportunities for persons with disabilities;

 

(2) the getting to work grant program under Minnesota Statutes, section 116J.545;

 

(3) a grant to the Minnesota High Tech Association to support SciTechsperience;

 

(4) the Opportunities Industrialization Center programs;


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(5) rural career counseling coordinator positions in the workforce service areas and for the purposes specified in Minnesota Statutes, section 116L.667;

 

(6) the pathways to prosperity grant program under Minnesota Statutes, section 116L.25;

 

(7) 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;

 

(8) a grant to Avivo to provide low-income individuals with career education and job skills training that are fully integrated with chemical and mental health services; and

 

(9) a grant to Better Futures Minnesota 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.

 

The commissioner has discretion to allocate this appropriation among the listed programs and grantees, including awarding zero funds to a listed program or grantee.  The commissioner has discretion to stipulate reasonable terms for individual programs and grants.  Of these amounts, up to four percent is for administration and monitoring of the funded programs.  This is a onetime appropriation and funds are available until June 30, 2022.

 

(x) $500,000 each year is from the workforce development fund for competitive 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.

 

(y) $1,000,000 each year is from the workforce development fund for a grant to the Hmong American Partnership, in collaboration with community partners, for services targeting Minnesota communities with the highest concentrations of Southeast Asian joblessness, based on the most recent census tract data, to provide employment readiness training, credentialed training placement, job placement and retention services, supportive services for hard‑to-employ individuals, and a general education development fast track and adult diploma program.  This is a onetime appropriation.

 

(z) $1,000,000 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,


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internships, job assistance to parents, 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.

 

(aa) $1,000,000 each year is for a grant to Ujamaa Place for job training, employment preparation, internships, education, training in vocational trades, housing, and organizational capacity building.  This is a onetime appropriation.

 

(bb) $750,000 each year is from the general fund and $4,848,000 each year is from the workforce development fund 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.  This is a onetime appropriation.

 

(cc) $5,050,000 each year is from the workforce development fund for:

 

(1) the youthbuild program under Minnesota Statutes, sections 116L.361 to 116L.366;

 

(2) the Minnesota youth program under Minnesota Statutes, sections 116L.56 and 116L.561;

 

(3) a grant to Big Brothers, Big Sisters of the Greater Twin Cities for workforce readiness, employment exploration, and skills development for youth ages 12 to 21;

 

(4) a grant to the Minnesota Alliance of Boys and Girls Clubs to administer a statewide project of youth job skills and career development;

 

(5) a grant to the Minneapolis Park and Recreation Board for its youth workforce employment program Learn to Earn/Teen Teamworks; and

 

(6) a grant to Youthprise for Opportunity Reboot, a statewide initiative to address the economic challenges of disconnected youth.

 

The commissioner has discretion to allocate these appropriations among the listed programs and grantees, including awarding zero funds to a listed program or grantee.  The commissioner has discretion to stipulate reasonable terms for individual programs


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and grants.  Of these amounts, up to four percent is for administration and monitoring of the funded programs.  This is a onetime appropriation and funds are available until June 30, 2021.

 

Subd. 4.  General Support Services

 

4,726,000

 

4,726,000

 

Appropriations by Fund

 

General Fund

4,671,000

4,671,000

Workforce Development

55,000

55,000

 

(a) $250,000 each year is for the publication, dissemination, and use of labor market information under Minnesota Statutes, section 116J.401.

 

(b) $1,269,000 each year is for transfer to the Minnesota Housing Finance Agency for operating the Olmstead Compliance Office.

 

(c) $500,000 each year is for the capacity-building grant program to assist nonprofit organizations offering or seeking to offer workforce development and economic development programming.

 

Subd. 5.  Minnesota Trade Office

 

2,292,000

 

2,292,000

 

(a) $300,000 each year is for the STEP grants in Minnesota Statutes, section 116J.979.

 

(b) $180,000 each year is for the Invest Minnesota marketing initiative in Minnesota Statutes, section 116J.9781.

 

(c) $270,000 each year is for the Minnesota Trade Offices under Minnesota Statutes, section 116J.978.

 

(d) $50,000 each year is for the Trade Policy Advisory Council under Minnesota Statutes, section 116J.9661.

 

Subd. 6.  Vocational Rehabilitation

 

37,941,000

 

37,941,000

 

Appropriations by Fund

 

General

30,111,000

30,111,000

Workforce Development

7,830,000

7,830,000

 

(a) $14,800,000 each year is for the state's vocational rehabilitation program under Minnesota Statutes, chapter 268A.

 

(b) $8,995,000 each year from the general fund and $6,830,000 each year from the workforce development fund is for extended employment services for persons with severe disabilities under Minnesota Statutes, section 268A.15.  Of the general fund amount


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appropriated, $2,000,000 each year is for rate increases to providers of extended employment services for persons with severe disabilities under Minnesota Statutes, section 268A.15.

 

(c) $2,555,000 each year is for grants to programs that provide employment support services to persons with mental illness under Minnesota Statutes, sections 268A.13 and 268A.14.

 

(d) $3,761,000 each year is for grants to centers for independent living under Minnesota Statutes, section 268A.11.  Of these amounts, at least $100,000 each year must be used for providing services to veterans.

 

(e) $1,000,000 each year is from the workforce development fund for grants under Minnesota Statutes, section 268A.16, for employment services for persons, including transition-age youth, who are deaf, deafblind, or hard-of-hearing.  If the amount in the first year is insufficient, the amount in the second year is available in the first year.

 

Subd. 7.  Services for the Blind

 

6,425,000

 

6,425,000

 

Of this amount, $500,000 each year is for senior citizens who are becoming blind.  At least one-half of the funds for this purpose must be used to provide training services for seniors who are becoming blind.  Training services must provide independent living skills to seniors who are becoming blind to allow them to continue to live independently in their homes.

 

Subd. 8.  Paid Family and Medical Leave

 

10,549,000

 

21,975,000

 

(a) $10,549,000 the first year and $21,442,000 the second year are for the purposes of Minnesota Statutes, chapter 268B.  Unexpended funds appropriated in the first year are available in the second year.  In fiscal year 2022, the base amount is $14,596,000; in fiscal year 2023, the base amount is $13,681,000; in fiscal year 2024, the base amount is $11,520,000; and in fiscal year 2025 and beyond, the base amount is $0.

 

(b) $533,000 the second year is for the purpose of outreach, education, and technical assistance for employees and employers regarding Minnesota Statutes, chapter 268B.  Of the amount appropriated, at least one-half must be used for grants to community-based groups providing outreach, education, and technical assistance for employees, employers, and self-employed individuals regarding Minnesota Statutes, chapter 268B.  This outreach must include efforts to notify self-employed individuals of their ability to elect coverage under Minnesota Statutes, section 268B.11, and provide them with technical assistance in doing so.  This is a onetime appropriation.


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Subd. 9.  Dairy Assistance, Investment, Relief Initiative (DAIRI)

 

10,000,000

 

 

-0-

 

$10,000,000 the first year is for transfer to the commissioner of agriculture to award need based grants to Minnesota dairy producers who milk herds of no more than 750 cows for buy-in to the federal Dairy Margin Coverage Program.  The commissioner of agriculture must develop eligibility criteria in consultation with the chairs and ranking minority members of the legislative committees with jurisdiction over agriculture finance.

 

Sec. 3.  DEPARTMENT OF LABOR AND INDUSTRY

 

 

 

 

Subdivision 1.  Total Appropriation

 

$36,680,000

 

$35,067,000

 

Appropriations by Fund

 

 

2020

2021

 

General

 9,056,000

 10,445,000

Workers' Compensation

25,088,000

22,088,000

Workforce Development

2,534,000

2,534,000

 

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

 

Subd. 2.  General Support

 

8,039,000

 

8,339,000

 

Appropriations by Fund

 

General

1,250,000

1,550,000

Workers' Compensation

6,039,000

6,039,000

Workforce Development  Fund

 

750,000

 

750,000

 

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

 

(b) $1,250,000 the first year and $1,550,000 the second year are from the general fund for system upgrades.  This is a onetime appropriation and funds are available until June 30, 2023.  This appropriation includes funds for information technology project services and support subject to Minnesota Statutes, section 16E.0466.  Any ongoing information technology costs must be incorporated into the service level agreement and must be paid to the Office of MN.IT Services by the commissioner of labor and industry under the rates and mechanism specified in that agreement.


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(c) $750,000 each year is from the workforce development fund to administer the youth skills training program and make grant awards under Minnesota Statutes, section 175.46.

 

Subd. 3.  Labor Standards and Apprenticeship

 

 9,590,000

 

 11,429,000

 

Appropriations by Fund

 

General

 7,806,000

 8,895,000

Workforce Development

1,784,000

1,784,000

 

(a) $2,046,000 each year is for wage theft prevention.

 

(b) $3,866,000 the first year and $4,072,000 the second year are for enforcement and other duties regarding earned sick and safe time under Minnesota Statutes, section 181.9445 and chapter 177.  In fiscal year 2022, the base amount is $2,874,000 and in fiscal year 2023 and beyond, the base amount is $2,873,000.

 

(c) $214,000 the first year and $377,000 the second year are for the purpose of outreach, education, and technical assistance for employees, employers, and self-employed individuals regarding Minnesota Statutes, chapter 268B.  This outreach must include efforts to notify self-employed individuals of their ability to elect coverage under Minnesota Statutes, section 268B.11, and provide them with technical assistance in doing so.  Unexpended amounts appropriated the first year are available in the second year.  This is a onetime appropriation.

 

(d) $382,000 the first year and $1,101,000 the second year are for enforcement duties and related administration under Minnesota Statutes, chapter 268B.  This is a onetime appropriation.

 

(e) $151,000 each year is from the workforce development fund for prevailing wage enforcement.

 

(f) $1,133,000 each year is from the workforce development fund for the apprenticeship program under Minnesota Statutes, chapter 178.

 

(g) $100,000 each year is from the workforce development fund for labor education and advancement program grants under Minnesota Statutes, section 178.11, to expand and promote registered apprenticeship training for minorities and women.

 

(h) $400,000 each year is from the workforce development fund for grants to the Construction Careers Foundation for the Helmets to Hardhats Minnesota initiative.  Grant funds must be used to recruit, retain, assist, and support National Guard, reserve, and active duty military members' and veterans' participation into apprenticeship programs registered with the Department of Labor and Industry and connect them with career training and


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employment in the building and construction industry.  The recruitment, selection, employment, and training must be without discrimination due to race, color, creed, religion, national origin, sex, sexual orientation, marital status, physical or mental disability, receipt of public assistance, or age.

 

(i) In fiscal years 2020 and 2021 the commissioner of labor and industry shall utilize funds in the contractor recovery fund for a statewide consumer awareness campaign highlighting the importance of hiring licensed contractors as well as the consequences of hiring unlicensed contractors.

 

Subd. 4.  Workers' Compensation

 

14,882,000

 

11,882,000

 

$3,000,000 the first year is from the workers' compensation fund for workers' compensation system upgrades.  This amount is available until June 30, 2023.  This is a onetime appropriation.

 

This appropriation includes funds for information technology project services and support subject to the provisions of Minnesota Statutes, section 16E.0466.  Any ongoing information technology costs must be incorporated into the service level agreement and must be paid to the Office of MN.IT Services by the commissioner of labor and industry under the rates and mechanism specified in that agreement.

 

Subd. 5.  Workplace Safety

 

4,167,000

 

4,167,000

 

This appropriation is from the workers' compensation fund.

 

Sec. 4.  WORKERS' COMPENSATION COURT OF APPEALS

 

$2,222,000

 

 

$2,283,000

 

This appropriation is from the workers' compensation fund.

 

Sec. 5.  BUREAU OF MEDIATION SERVICES

 

$3,076,000

 

$3,076,000

 

(a) $560,000 each year is for purposes of the Public Employment Relations Board under Minnesota Statutes, section 179A.041.

 

(b) $68,000 each year is from the general fund for grants to area labor management committees.  Grants may be awarded for a 12-month period beginning July 1 each year.  Any unencumbered balance remaining at the end of the first year does not cancel but is available for the second year.

 

(c) $394,000 each year is for the Office of Collaboration and Dispute Resolution under Minnesota Statutes, section 179.90.  Of this amount, $160,000 each year is for grants under Minnesota Statutes, section 179.91.


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Sec. 6.  DEPARTMENT OF COMMERCE

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$25,873,000

 

$25,345,000

 

Appropriations by Fund

 

General

 23,055,000

 22,526,000

Special Revenue

2,060,000

2,060,000

Workers' Compensation

758,000

759,000

 

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

 

Subd. 2.  Financial Institutions

 

 1,131,000

 

 1,136,000

 

(a) $400,000 each year is for a grant to Prepare and Prosper to develop, market, evaluate, and distribute a financial services inclusion program that (1) assists low-income and financially underserved populations to build savings and strengthen credit, and (2) provides services to assist low-income and financially underserved populations to become more financially stable and secure.  Money remaining after the first year is available for the second year.

 

(b) $100,000 each year is for a grant to Exodus Lending to assist individuals in reaching financial stability and resolving payday loans.  This is a onetime appropriation and funds are available until June 30, 2022.

 

(c) $200,000 each year is to administer the requirements of Minnesota Statutes, chapter 58B.  This is a onetime appropriation.

 

Subd. 3.  Administrative Services

 

9,645,000

 

8,955,000

 

(a) $384,000 each year is for additional compliance efforts with unclaimed property.  The commissioner may issue contracts for these services.

 

(b) $100,000 each year is for the support of broadband development.

 

(c) $33,000 each year is for rulemaking and administration under Minnesota Statutes, section 80A.461.

 

(d) $960,000 the first year is to pay the award in the SafeLite Group, Inc., litigation.


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Subd. 4.  Telecommunications

 

3,097,000

 

3,107,000

 

Appropriations by Fund

 

General

1,037,000

1,047,000

Special Revenue

2,060,000

2,060,000

 

$2,060,000 each year is from the telecommunication access Minnesota fund account in the special revenue fund for the following transfers.  This appropriation is added to the department's base:

 

(1) $1,620,000 each year is to the commissioner of human services to supplement the ongoing operational expenses of the Commission of the Deaf, DeafBlind and Hard of Hearing;

 

(2) $290,000 each year is to the chief information officer for the purpose of coordinating technology accessibility and usability;

 

(3) $100,000 each year is to the Legislative Coordinating Commission for captioning of legislative coverage.  This transfer is subject to Minnesota Statutes, section 16A.281; and

 

(4) $50,000 each year is to the Office of MN.IT Services for a consolidated access fund to provide grants or services to other state agencies related to accessibility of their web-based services.

 

Subd. 5.  Enforcement

 

6,417,000

 

6,507,000

 

Appropriations by Fund

 

General

6,217,000

6,307,000

Workers' Compensation

200,000

200,000

 

(a) $279,000 each year is for health care enforcement.

 

(b) $250,000 each year is for a statewide education and outreach campaign to protect seniors, meaning those 60 years of age or older, vulnerable adults, as defined in Minnesota Statutes, section 626.5572, subdivision 21, and their caregivers from financial fraud and exploitation.  The education and outreach campaign must include but is not limited to the dissemination of information through television, print, or other media, training and outreach to senior living facilities, and the creation of a senior fraud toolkit.  This is a onetime appropriation.

 

Subd. 6.  Insurance

 

5,583,000

 

5,640,000

 

Appropriations by Fund

 

General

5,025,000

5,081,000

Workers' Compensation

558,000

559,000


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(a) $642,000 each year is for health insurance rate review staffing.

 

(b) $412,000 each year is for actuarial work to prepare for implementation of principle-based reserves.

 

Sec. 7.  MINNESOTA MANAGEMENT AND BUDGET

$51,000

 

$106,000

 

(a) $29,000 the first year and $13,000 the second year are for implementation and costs associated with paid family and medical leave under Minnesota Statutes, chapter 268B.

 

(b) $22,000 the first year and $93,000 the second year are for costs associated with earned sick and safe time under Minnesota Statutes, section 181.9445.

 

Sec. 8.  REVENUE DEPARTMENT

 

$-0-

 

$91,000

 

$91,000 the second year is for implementation and costs associated with paid family and medical leave under Minnesota Statutes, chapter 268B.  In fiscal year 2022, the base amount is $149,000 and in fiscal year 2023 and beyond, the base amount is $117,000.

 

Sec. 9.  SUPREME COURT

 

$-0-

 

$15,000

 

$15,000 the second year is for responsibilities related to Minnesota Statutes, chapter 268B.  This is a onetime appropriation. 

 

Sec. 10.  ATTORNEY GENERAL

 

$654,000

 

$654,000

 

$654,000 each year is for wage theft prevention.

 

ARTICLE 2

FAMILY AND MEDICAL BENEFITS

 

Section 1.  Minnesota Statutes 2018, section 13.719, is amended by adding a subdivision to read:

 

Subd. 7.  Family and medical insurance data.  (a) For the purposes of this subdivision, the terms used have the meanings given them in section 268B.01.

 

(b) Data on applicants, family members, or employers under chapter 268B are private or nonpublic data, provided that the department may share data collected from applicants with employers or health care providers to the extent necessary to meet the requirements of chapter 268B or other applicable law.

 

(c) The department and the Department of Labor and Industry may share data classified under paragraph (b) to the extent necessary to meet the requirements of chapter 268B or the Department of Labor and Industry's enforcement authority over chapter 268B, as provided in section 177.27.

 

Sec. 2.  Minnesota Statutes 2018, section 177.27, subdivision 4, is amended to read:

 

Subd. 4.  Compliance orders.  The commissioner may issue an order requiring an employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, 181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275, subdivision 2a, 181.722, 181.79, and 181.939 to 181.943, 268B.09,


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subdivisions 1 to 6, and 268B.12, subdivision 2, or with any rule promulgated under section 177.28.  The commissioner shall issue an order requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated.  For purposes of this subdivision only, a violation is repeated if at any time during the two years that preceded the date of violation, the commissioner issued an order to the employer for violation of sections 177.41 to 177.435 and the order is final or the commissioner and the employer have entered into a settlement agreement that required the employer to pay back wages that were required by sections 177.41 to 177.435.  The department shall serve the order upon the employer or the employer's authorized representative in person or by certified mail at the employer's place of business.  An employer who wishes to contest the order must file written notice of objection to the order with the commissioner within 15 calendar days after being served with the order.  A contested case proceeding must then be held in accordance with sections 14.57 to 14.69.  If, within 15 calendar days after being served with the order, the employer fails to file a written notice of objection with the commissioner, the order becomes a final order of the commissioner.

 

Sec. 3.  Minnesota Statutes 2018, section 181.032, is amended to read:

 

181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.

 

(a) At the end of each pay period, the employer shall provide each employee an earnings statement, either in writing or by electronic means, covering that pay period.  An employer who chooses to provide an earnings statement by electronic means must provide employee access to an employer-owned computer during an employee's regular working hours to review and print earnings statements, and must make statements available for review or printing for a period of at least 12 months.

 

(b) The earnings statement may be in any form determined by the employer but must include:

 

(1) the name of the employee;

 

(2) the hourly rate of pay (if applicable);

 

(3) the total number of hours worked by the employee unless exempt from chapter 177;

 

(4) the total amount of gross pay earned by the employee during that period;

 

(5) a list of deductions made from the employee's pay;

 

(6) any amount deducted by the employer under section 268B.12, subdivision 2, and the amount paid by the employer based on the employee's wages under section 268B.12, subdivision 1;

 

(6) (7) the net amount of pay after all deductions are made;

 

(7) (8) the date on which the pay period ends; and

 

(8) (9) the legal name of the employer and the operating name of the employer if different from the legal name.

 

(c) An employer must provide earnings statements to an employee in writing, rather than by electronic means, if the employer has received at least 24 hours notice from an employee that the employee would like to receive earnings statements in written form.  Once an employer has received notice from an employee that the employee would like to receive earnings statements in written form, the employer must comply with that request on an ongoing basis.


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Sec. 4.  Minnesota Statutes 2018, section 268.19, subdivision 1, is amended to read:

 

Subdivision 1.  Use of data.  (a) Except as provided by this section, data gathered from any person under the administration of the Minnesota Unemployment Insurance Law are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court order or section 13.05.  A subpoena is not considered a district court order.  These data may be disseminated to and used by the following agencies without the consent of the subject of the data:

 

(1) state and federal agencies specifically authorized access to the data by state or federal law;

 

(2) any agency of any other state or any federal agency charged with the administration of an unemployment insurance program;

 

(3) any agency responsible for the maintenance of a system of public employment offices for the purpose of assisting individuals in obtaining employment;

 

(4) the public authority responsible for child support in Minnesota or any other state in accordance with section 256.978;

 

(5) human rights agencies within Minnesota that have enforcement powers;

 

(6) the Department of Revenue to the extent necessary for its duties under Minnesota laws;

 

(7) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;

 

(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the Department of Commerce for uses consistent with the administration of their duties under Minnesota law;

 

(9) the Department of Human Services and the Office of Inspector General and its agents within the Department of Human Services, including county fraud investigators, for investigations related to recipient or provider fraud and employees of providers when the provider is suspected of committing public assistance fraud;

 

(10) local and state welfare agencies for monitoring the eligibility of the data subject for assistance programs, or for any employment or training program administered by those agencies, whether alone, in combination with another welfare agency, or in conjunction with the department or to monitor and evaluate the statewide Minnesota family investment program by providing data on recipients and former recipients of food stamps or food support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical programs under chapter 256B or 256L or formerly codified under chapter 256D;

 

(11) local and state welfare agencies for the purpose of identifying employment, wages, and other information to assist in the collection of an overpayment debt in an assistance program;

 

(12) local, state, and federal law enforcement agencies for the purpose of ascertaining the last known address and employment location of an individual who is the subject of a criminal investigation;

 

(13) the United States Immigration and Customs Enforcement has access to data on specific individuals and specific employers provided the specific individual or specific employer is the subject of an investigation by that agency;

 

(14) the Department of Health for the purposes of epidemiologic investigations;


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(15) the Department of Corrections for the purposes of case planning and internal research for preprobation, probation, and postprobation employment tracking of offenders sentenced to probation and preconfinement and postconfinement employment tracking of committed offenders;

 

(16) the state auditor to the extent necessary to conduct audits of job opportunity building zones as required under section 469.3201; and

 

(17) the Office of Higher Education for purposes of supporting program improvement, system evaluation, and research initiatives including the Statewide Longitudinal Education Data System.; and

 

(18) the Family and Medical Benefits Division of the Department of Employment and Economic Development to be used as necessary to administer chapter 268B.

 

(b) Data on individuals and employers that are collected, maintained, or used by the department in an investigation under section 268.182 are confidential as to data on individuals and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district court order or to a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.

 

(c) Data gathered by the department in the administration of the Minnesota unemployment insurance program must not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.

 

Sec. 5.  [268B.01] DEFINITIONS.

 

Subdivision 1.  Scope.  For the purposes of this chapter, the terms defined in this section have the meanings given them.

 

Subd. 2.  Account.  "Account" means the family and medical benefit insurance account in the special revenue fund in the state treasury under section 268B.02.

 

Subd. 3.  Applicant.  "Applicant" means an individual applying for leave with benefits under this chapter.

 

Subd. 4.  Applicant's average weekly wage.  "Applicant's average weekly wage" means an amount equal to the applicant's high quarter wage credits divided by 13.

 

Subd. 5.  Benefit.  "Benefit" or "benefits" mean monetary payments under this chapter associated with qualifying bonding, family care, pregnancy, serious health condition, qualifying exigency, or safety leave events, unless otherwise indicated by context.

 

Subd. 6.  Benefit year.  "Benefit year" means a period of 52 consecutive calendar weeks beginning on the first day of a leave approved for benefits under this chapter.

 

Subd. 7.  Bonding.  "Bonding" means time spent by an applicant who is a biological, adoptive, or foster parent with a biological, adopted, or foster child in conjunction with the child's birth, adoption, or placement.

 

Subd. 8.  Calendar day.  "Calendar day" or "day" means a fixed 24-hour period corresponding to a single calendar date.

 

Subd. 9.  Calendar week.  "Calendar week" means a period of seven consecutive calendar days.


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Subd. 10.  Commissioner.  "Commissioner" means the commissioner of employment and economic development, unless otherwise indicated by context.

 

Subd. 11.  Continuing treatment.  A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

 

(1) a period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:

 

(i) treatment two or more times within 30 calendar days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider; or

 

(ii) treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of the health care provider;

 

(2) any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one that:

 

(i) requires periodic visits, defined as at least twice per year, for treatment for the incapacity by a health care provider;

 

(ii) continues over an extended period of time, including recurring episodes of a single underlying condition; and

 

(iii) may cause episodic rather than a continuing period of incapacity;

 

(3) a period of incapacity that is long-term due to a condition for which treatment may not be effective, with the employee or family member under the supervision of, but not necessarily receiving active treatment by a health care provider; and

 

(4) any period of absence to receive multiple treatments by a health care provider, including any period of recovery therefrom, for:

 

(i) restorative surgery after an accident or other injury; or

 

(ii) a condition that would likely result in a period of incapacity of more than seven consecutive, calendar days in the absence of medical intervention or treatment, such as cancer, severe arthritis, or kidney disease.

 

Subd. 12.  Covered employment.  "Covered employment" has the meaning given in section 268.035, subdivision 12.

 

Subd. 13.  Day.  "Day" means an eight-hour period.

 

Subd. 14.  Department.  "Department" means the Department of Employment and Economic Development, unless otherwise indicated by context.

 

Subd. 15.  Employee.  "Employee" means an individual for whom premiums are paid on wages under this chapter.


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Subd. 16.  Employer.  "Employer" means a person or entity, other than an employee, required to pay premiums under this chapter, except that a self-employed individual who has elected and been approved for coverage under section 268B.11 is not considered an employer with regard to the self-employed individual's own coverage and benefits.

 

Subd. 17.  Estimated self-employment income.  "Estimated self-employment income" means a self-employed individual's average net earnings from self-employment in the two most recent taxable years.  For a self-employed individual who had net earnings from self-employment in only one of the years, the individual's estimated self‑employment income equals the individual's net earnings from self-employment in the year in which the individual had net earnings from self-employment.

 

Subd. 18.  Family benefit program.  "Family benefit program" means the program administered under this chapter for the collection of premiums and payment of benefits related to family care, bonding, safety leave, and leave related to a qualifying exigency.

 

Subd. 19.  Family care.  "Family care" means an applicant caring for a family member with a serious health condition or caring for a family member who is a covered service member.

 

Subd. 20.  Family member.  (a) "Family member" means an employee's child, adult child, spouse, sibling, parent, parent-in-law, grandchild, grandparent, stepparent, member of the employee's household, or an individual described in paragraph (e).

 

(b) For the purposes of this chapter, a child includes a stepchild, biological, adopted, or foster child of the employee.

 

(c) For the purposes of this chapter, a grandchild includes a step-grandchild, biological, adopted, or foster grandchild of the employee.

 

(d) For the purposes of this chapter, an individual is a member of the employee's household if the individual has resided at the same address as the employee for at least one year as of the first day of a leave under this chapter.

 

(e) For the purposes of this chapter, an individual with a serious health condition is deemed a family member of the employee if (1) a health care provider certifies in writing that the individual requires care relating to the serious health condition, and (2) the employee and the care recipient certify in writing that the employee will be providing the required care.

 

Subd. 21.  Health care provider.  "Health care provider" means an individual who is licensed, certified, or otherwise authorized under law to practice in the individual's scope of practice as a physician, osteopath, physician assistant, chiropractor, advanced practice registered nurse, licensed psychologist, licensed independent clinical social worker, or dentist.  "Chiropractor" means only a chiropractor who provides manual manipulation of the spine to correct a subluxation demonstrated to exist by an x-ray.

 

Subd. 22.  High quarter.  "High quarter" has the meaning given in section 268.035, subdivision 19.

 

Subd. 23.  Independent contractor.  (a) If there is an existing specific test or definition for independent contractor in Minnesota statute or rule applicable to an occupation or sector as of the date of enactment of this chapter, that test or definition will apply to that occupation or sector for purposes of this chapter.  If there is not an existing test or definition as described, the definition for independent contractor shall be as provided in this subdivision.


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(b) An individual is an independent contractor and not an employee of the person for whom the individual is performing services in the course of the person's trade, business, profession, or occupation only if:

 

(1) the individual maintains a separate business with the individual's own office, equipment, materials, and other facilities;

 

(2) the individual:

 

(i) holds or has applied for a federal employer identification number; or

 

(ii) has filed business or self-employment income tax returns with the federal Internal Revenue Service if the individual has performed services in the previous year;

 

(3) the individual is operating under contract to perform the specific services for the person for specific amounts of money and under which the individual controls the means of performing the services;

 

(4) the individual is incurring the main expenses related to the services that the individual is performing for the person under the contract;

 

(5) the individual is responsible for the satisfactory completion of the services that the individual has contracted to perform for the person and is liable for a failure to complete the services;

 

(6) the individual receives compensation from the person for the services performed under the contract on a commission or per-job or competitive bid basis and not on any other basis;

 

(7) the individual may realize a profit or suffer a loss under the contract to perform services for the person;

 

(8) the individual has continuing or recurring business liabilities or obligations; and

 

(9) the success or failure of the individual's business depends on the relationship of business receipts to expenditures.

 

(c) For the purposes of this chapter, an insurance producer, as defined in section 60K.31, subdivision 6, is an independent contractor of an insurance company, as defined in section 60A.02, subdivision 4, unless the insurance producer and insurance company agree otherwise.

 

Subd. 24.  Inpatient care.  "Inpatient care" means an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity defined under subdivision 33, paragraph (b), or any subsequent treatment in connection with such inpatient care.

 

Subd. 25.  Maximum weekly benefit amount.  "Maximum weekly benefit amount" means the state's average weekly wage as calculated under section 268.035, subdivision 23.

 

Subd. 26.  Medical benefit program.  "Medical benefit program" means the program administered under this chapter for the collection of premiums and payment of benefits related to an applicant's serious health condition or pregnancy.

 

Subd. 27.  Net earnings from self-employment.  "Net earnings from self-employment" has the meaning given in section 1402 of the Internal Revenue Code, as defined in section 290.01, subdivision 31.


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Subd. 28.  Noncovered employment.  "Noncovered employment" has the meaning given in section 268.035, subdivision 20.

 

Subd. 29.  Pregnancy.  "Pregnancy" means prenatal care or incapacity due to pregnancy, or recovery from childbirth, still birth, miscarriage, or related health conditions.

 

Subd. 30.  Qualifying exigency.  (a) "Qualifying exigency" means a need arising out of a military member's active duty service or notice of an impending call or order to active duty in the United States armed forces, including providing for the care or other needs of the family member's child or other dependent, making financial or legal arrangements for the family member, attending counseling, attending military events or ceremonies, spending time with the family member during a rest and recuperation leave or following return from deployment, or making arrangements following the death of the military member.

 

(b) For the purposes of this chapter, a "military member" means a current or former member of the United States armed forces, including a member of the National Guard or reserves, who, except for a deceased military member, is a resident of the state and is a family member of the employee taking leave related to the qualifying exigency.

 

Subd. 31.  Safety leave.  "Safety leave" means leave from work because of domestic abuse, sexual assault, or stalking of the employee or employee's family member, provided the leave is to:

 

(1) seek medical attention related to the physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking;

 

(2) obtain services from a victim services organization;

 

(3) obtain psychological or other counseling;

 

(4) seek relocation due to the domestic abuse, sexual assault, or stalking; or

 

(5) seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to, or resulting from, the domestic abuse, sexual assault, or stalking.

 

Subd. 32.  Self-employed individual.  "Self-employed individual" means a resident of the state who, in one of the two taxable years preceding the current calendar year, derived at least $10,000 in net earnings from self‑employment from an entity other than an S corporation for the performance of services in this state.

 

Subd. 33.  Self-employment premium base.  "Self-employment premium base" means the lesser of:

 

(1) a self-employed individual's estimated self-employment income for the calendar year plus the individual's self-employment wages in the calendar year; or

 

(2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability Insurance tax in the taxable year.

 

Subd. 34.  Self-employment wages.  "Self-employment wages" means the amount of wages that a self‑employed individual earned in the calendar year from an entity from which the individual also received net earnings from self-employment.

 

Subd. 35.  Serious health condition.  (a) "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves inpatient care as defined in subdivision 24 or continuing treatment by a health care provider as defined in subdivision 11.


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(b) "Incapacity" means inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom.

 

(c) Treatment includes but is not limited to examinations to determine if a serious health condition exists and evaluations of the condition.  Treatment does not include routine physical examinations, eye examinations, or dental examinations.  A regimen of continuing treatment includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition.

 

Subd. 36.  State's average weekly wage.  "State's average weekly wage" means the weekly wage calculated under section 268.035, subdivision 23.

 

Subd. 37.  Taxable year.  "Taxable year" has the meaning given in section 290.01, subdivision 9.

 

Subd. 38.  Wage credits.  "Wage credits" has the meaning given in section 268.035, subdivision 27.

 

Sec. 6.  [268B.02] FAMILY AND MEDICAL BENEFIT INSURANCE PROGRAM CREATION.

 

Subdivision 1.  Creation.  A family and medical benefit insurance program is created to be administered by the commissioner according to the terms of this chapter.

 

Subd. 2.  Creation of division.  A Family and Medical Benefit Insurance Division is created within the department under the authority of the commissioner.  The commissioner shall appoint a director of the division.  The division shall administer and operate the benefit program under this chapter.

 

Subd. 3.  Rulemaking.  The commissioner may adopt rules to implement the provisions of this chapter.

 

Subd. 4.  Account creation; appropriation.  The family and medical benefit insurance account is created in the special revenue fund in the state treasury.  Money in this account is appropriated to the commissioner to pay benefits under and to administer this chapter, including outreach required under section 268B.15.

 

Subd. 5.  Information technology services and equipment.  The department is exempt from the provisions of section 16E.016 for the purposes of this chapter.

 

Sec. 7.  [268B.03] ELIGIBILITY.

 

Subdivision 1.  Applicant.  An applicant who has a serious health condition, has a qualifying exigency, is taking safety leave, is providing family care, is bonding, or is pregnant or recovering from pregnancy, and who satisfies the conditions of this section is eligible to receive benefits subject to the provisions of this chapter.

 

Subd. 2.  Wage credits.  An applicant must have sufficient wage credits from an employer or employers as defined in section 268B.01, subdivision 16, to establish a benefit account under section 268.07, subdivision 2.

 

Subd. 3.  Seven-day qualifying event.  (a) The period for which an applicant is seeking benefits must be or have been based on a single event of at least seven calendar days' duration related to pregnancy, recovery from pregnancy, family care, a qualifying exigency, safety leave, or the applicant's serious health condition.  The days need not be consecutive.

 

(b) Benefits related to bonding need not meet the seven-day qualifying event requirement.


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(c) The commissioner must use the rulemaking authority under section 268B.02, subdivision 3, to adopt rules regarding what serious health conditions and other events are prospectively presumed to constitute seven-day qualifying events under this chapter.

 

Subd. 4.  Ineligible.  (a) An applicant is not eligible for benefits for any portion of a day for which the applicant worked for pay.

 

(b) An applicant is not eligible for benefits for any day for which the applicant received benefits under chapter 176 or 268.

 

Subd. 5.  Certification.  An applicant for benefits under this chapter must fulfill the certification requirements under section 268B.04, subdivision 2.

 

Subd. 6.  Records release.  An individual whose medical records are necessary to determine eligibility for benefits under this chapter must sign and date a legally effective waiver authorizing release of medical or other records, to the limited extent necessary to administer or enforce this chapter, to the department and the Department of Labor and Industry.

 

Subd. 7.  Self-employed individual applicant.  To fulfill the requirements of this section, a self-employed individual or independent contractor who has elected and been approved for coverage under section 268B.011 must fulfill only the requirements of subdivisions 3, 4, 5, and 6.

 

Sec. 8.  [268B.04] APPLICATIONS.

 

Subdivision 1.  Process; deadline.  Applicants must file a benefit claim pursuant to rules promulgated by the commissioner within 90 calendar days of the related qualifying event.  If a claim is filed more than 90 calendar days after the start of leave, the covered individual may receive reduced benefits.  All claims shall include a certification supporting a request for leave under this chapter.  The commissioner must establish good cause exemptions from the certification requirement deadline in the event that a serious health condition of the applicant prevents the applicant from providing the required certification within the 90 calendar days.

 

Subd. 2.  Certification.  (a) Certification for an applicant taking leave related to the applicant's serious health condition shall be sufficient if the certification states the date on which the serious health condition began, the probable duration of the condition, and the appropriate medical facts within the knowledge of the health care provider as required by the commissioner.

 

(b) Certification for an applicant taking leave to care for a family member with a serious health condition shall be sufficient if the certification states the date on which the serious health condition commenced, the probable duration of the condition, the appropriate medical facts within the knowledge of the health care provider as required by the commissioner, a statement that the family member requires care, and an estimate of the amount of time that the family member will require care.

 

(c) Certification for an applicant taking leave related to pregnancy shall be sufficient if the certification states the expected due date and recovery period based on appropriate medical facts within the knowledge of the health care provider.

 

(d) Certification for an applicant taking bonding leave because of the birth of the applicant's child shall be sufficient if the certification includes either the child's birth certificate or a document issued by the health care provider of the child or the health care provider of the person who gave birth, stating the child's birth date.


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(e) Certification for an applicant taking bonding leave because of the placement of a child with the applicant for adoption or foster care shall be sufficient if the applicant provides a document issued by the health care provider of the child, an adoption or foster care agency involved in the placement, or by other individuals as determined by the commissioner that confirms the placement and the date of placement.  To the extent that the status of an applicant as an adoptive or foster parent changes while an application for benefits is pending, or while the covered individual is receiving benefits, the applicant must notify the department of such change in status in writing.

 

(f) Certification for an applicant taking leave because of a qualifying exigency shall be sufficient if the certification includes:

 

(1) a copy of the family member's active-duty orders;

 

(2) other documentation issued by the United States armed forces; or

 

(3) other documentation permitted by the commissioner.

 

(g) Certification for an applicant taking safety leave is sufficient if the certification includes a court record or documentation signed by a volunteer or employee of a victim's services organization, an attorney, a police officer, or an antiviolence counselor.  The commissioner must not require disclosure of details relating to an applicant's or applicant's family member's domestic abuse, sexual assault, or stalking.

 

(h) Certifications under paragraphs (a) to (e) must be reviewed and signed by a health care provider with knowledge of the qualifying event associated with the leave.

 

(i) For a leave taken on an intermittent or reduced-schedule basis, based on a serious health condition of an applicant or applicant's family member, the certification under this subdivision must include an explanation of how such leave would be medically beneficial to the individual with the serious health condition.

 

Sec. 9.  [268B.05] DETERMINATION OF APPLICATION.

 

Upon the filing of a complete application for benefits, the commissioner shall examine the application and on the basis of facts found by the commissioner and records maintained by the department, the applicant shall be determined to be eligible or ineligible within two weeks.  If the application is determined to be valid, the commissioner shall promptly notify the applicant and any other interested party as to the week when benefits commence, the weekly benefit amount payable, and the maximum duration of those benefits.  If the application is determined to be invalid, the commissioner shall notify the applicant and any other interested party of that determination and the reasons for it.  If the processing of the application is delayed for any reason, the commissioner shall notify the applicant, in writing, within two weeks of the date the application for benefits is filed of the reason for the delay.  Unless the applicant or any other interested party, within 30 calendar days, requests a hearing before a benefit judge, the determination is final.  For good cause shown, the 30-day period may be extended.  At any time within one year from the date of a monetary determination, the commissioner, upon request of the applicant or on the commissioner's own initiative, may reconsider the determination if it is found that an error in computation or identity has occurred in connection with the determination or that additional wages pertinent to the applicant's status have become available, or if that determination has been made as a result of a nondisclosure or misrepresentation of a material fact.

 

Sec. 10.  [268B.06] EMPLOYER NOTIFICATION.

 

(a) Upon a determination under section 268B.05 that an applicant is entitled to benefits, the commissioner must promptly send a notification to each current employer of the applicant, if any, in accordance with paragraph (b).


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(b) The notification under paragraph (a) must include, at a minimum:

 

(1) the name of the applicant;

 

(2) that the applicant has applied for and received benefits;

 

(3) the week the benefits commence;

 

(4) the weekly benefit amount payable;

 

(5) the maximum duration of benefits; and

 

(6) descriptions of the employer's right to participate in a hearing under section 268B.05, and appeal process under section 268B.07.

 

Sec. 11.  [268B.07] APPEAL PROCESS.

 

Subdivision 1.  Hearing.  (a) The commissioner shall designate a chief benefit judge.

 

(b) Upon a timely appeal to a determination having been filed or upon a referral for direct hearing, the chief benefit judge must set a time and date for a de novo due-process hearing and send notice to an applicant and an employer, by mail or electronic transmission, not less than ten calendar days before the date of the hearing.

 

(c) The commissioner may adopt rules on procedures for hearings.  The rules need not conform to common law or statutory rules of evidence and other technical rules of procedure.

 

(d) The chief benefit judge has discretion regarding the method by which the hearing is conducted.

 

Subd. 2.  Decision.  (a) After the conclusion of the hearing, upon the evidence obtained, the benefit judge must serve by mail or electronic transmission to all parties, the decision, reasons for the decision, and written findings of fact.

 

(b) Decisions of a benefit judge are not precedential.

 

Subd. 3.  Request for reconsideration.  Any party, or the commissioner, may, within 30 calendar days after service of the benefit judge's decision, file a request for reconsideration asking the judge to reconsider that decision.

 

Subd. 4.  Appeal to court of appeals.  Any final determination on a request for reconsideration may be appealed by any party directly to the Minnesota Court of Appeals.

 

Subd. 5.  Benefit judges.  (a) Only employees of the department who are attorneys licensed to practice law in Minnesota may serve as a chief benefit judge, senior benefit judges who are supervisors, or benefit judges.

 

(b) The chief benefit judge must assign a benefit judge to conduct a hearing and may transfer to another benefit judge any proceedings pending before another benefit judge.

 

Sec. 12.  [268B.08] BENEFITS.

 

Subdivision 1.  Weekly benefit amount.  (a) Subject to the maximum weekly benefit amount, an applicant's weekly benefit is calculated by adding the amounts obtained by applying the following percentage to an applicant's average weekly wage:


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(1) 90 percent of wages that do not exceed 50 percent of the state's average weekly wage; plus

 

(2) 66 percent of wages that exceed 50 percent of the state's average weekly wage but not 100 percent; plus

 

(3) 55 percent of wages that exceed 100 percent of the state's average weekly wage.

 

(b) The state's average weekly wage is the average wage as calculated under section 268.035, subdivision 23, at the time a benefit amount is first determined.

 

(c) Notwithstanding any other provision in this section, weekly benefits must not exceed the maximum weekly benefit amount applicable at the time benefit payments commence.

 

Subd. 2.  Timing of payment.  Except as otherwise provided for in this chapter, benefits must be paid weekly.

 

Subd. 3.  Maximum length of benefits.  (a) Except as provided in paragraph (b), in a single benefit year, an applicant may receive up to 12 weeks of benefits under this chapter related to the applicant's serious health condition or pregnancy and up to 12 weeks of benefits under this chapter for bonding, safety leave, or family care.

 

(b) An applicant may receive up to 12 weeks of benefits in a single benefit year for leave related to one or more qualifying exigencies.

 

Subd. 4.  Minimum period for which benefits payable.  Except for a claim for benefits for bonding leave, any claim for benefits must be based on a single-qualifying event of at least seven calendar days.  Benefits may be paid for a minimum increment of one day.  The minimum increment of one day may consist of multiple, nonconsecutive portions of a day totaling eight hours.

 

Subd. 5.  Withholding of federal tax.  If the Internal Revenue Service determines that benefits are subject to federal income tax, and an applicant elects to have federal income tax deducted and withheld from the applicant's benefits, the commissioner must deduct and withhold the amount specified in the Internal Revenue Code in a manner consistent with state law.

 

Sec. 13.  [268B.085] LEAVE.

 

Subdivision 1.  Right to leave.  Ninety calendar days from the date of hire, an employee has a right to leave from employment for any day, or portion of a day, for which the employee would be eligible for benefits under this chapter, regardless of whether the employee actually applied for benefits and regardless of whether the employee is covered under a private plan or the public program under this chapter.

 

Subd. 2.  Notice to employer.  (a) If the need for leave is foreseeable, an employee must provide the employer at least 30 days' advance notice before leave under this chapter is to begin.  If 30 days' notice is not practicable because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable.  Whether leave is to be continuous or is to be taken intermittently or on a reduced schedule basis, notice need only be given one time, but the employee must advise the employer as soon as practicable if dates of scheduled leave change or are extended, or were initially unknown.  In those cases where the employee is required to provide at least 30 days' notice of foreseeable leave and does not do so, the employee must explain the reasons why such notice was not practicable upon a request from the employer for such information.

 

(b) "As soon as practicable" means as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case.  When an employee becomes aware of a need for leave under this chapter less than 30 days in advance, it should be practicable for the employee to provide notice of the need for leave either the


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same day or the next day, unless the need for leave is based on a medical emergency.  In all cases, however, the determination of when an employee could practicably provide notice must take into account the individual facts and circumstances.

 

(c) An employee shall provide at least verbal notice sufficient to make the employer aware that the employee needs leave allowed under this chapter and the anticipated timing and duration of the leave.  An employer may require an employee giving notice of leave to include a certification for the leave as described in section 268B.04, subdivision 2.  Such certification, if required by an employer, is timely when the employee delivers it as soon as practicable given the circumstances requiring the need for leave, and the required contents of the certification.

 

(d) An employer may require an employee to comply with the employer's usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances or other circumstances caused by the reason for the employee's need for leave.  Leave under this chapter must not be delayed or denied where an employer's usual and customary notice or procedural requirements require notice to be given sooner than set forth in this subdivision.

 

(e) If an employer has failed to provide notice to the employee as required under section 268B.22, paragraph (a), (b), or (e), the employee is not required to comply with the notice requirements of this subdivision.

 

Subd. 3.  Bonding leave.  Bonding leave taken under this chapter begins at a time requested by the employee.  Bonding leave must begin within 12 months of the birth, adoption, or placement of a foster child, except that, in the case where the child must remain in the hospital longer than the mother, the leave must begin within 12 months after the child leaves the hospital.

 

Subd. 4.  Intermittent or reduced leave schedule.  (a) Leave under this chapter, based on a serious health condition, may be taken intermittently or on a reduced leave schedule if such leave would be medically beneficial to the individual with the serious health condition.  For all other leaves under this chapter, leave may be taken intermittently or on a reduced leave schedule.  Intermittent leave is leave taken in separate blocks of time due to a single, seven-day qualifying event.  A reduced leave schedule is a leave schedule that reduces an employee's usual number of working hours per workweek or hours per workday.

 

(b) Leave taken intermittently or on a reduced schedule basis counts toward the maximums described in section 268B.08, subdivision 3.

 

Sec. 14.  [268B.09] EMPLOYMENT PROTECTIONS.

 

Subdivision 1.  Retaliation prohibited.  An employer must not retaliate against an employee for requesting or obtaining benefits, or for exercising any other right under this chapter.

 

Subd. 2.  Interference prohibited.  An employer must not obstruct or impede an application for leave or benefits or the exercise of any other right under this chapter.

 

Subd. 3.  Waiver of rights void.  Any agreement to waive, release, or commute rights to benefits or any other right under this chapter is void.

 

Subd. 4.  No assignment of benefits.  Any assignment, pledge, or encumbrance of benefits is void.  Benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection of debt.  Any waiver of this subdivision is void.


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Subd. 5.  Continued insurance.  During any leave for which an employee is entitled to benefits under this chapter, the employer must maintain coverage under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents as if the employee was not on leave, provided, however, that the employee must continue to pay any employee share of the cost of such benefits.

 

Subd. 6.  Employee right to reinstatement.  (a) On return from leave under this chapter, an employee is entitled to be returned to the same position the employee held when leave commenced or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.  An employee is entitled to such reinstatement even if the employee has been replaced or the employee's position has been restructured to accommodate the employee's absence.

 

(b)(1) An equivalent position is one that is virtually identical to the employee's former position in terms of pay, benefits, and working conditions, including privileges, prerequisites, and status.  It must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility, and authority.

 

(2) If an employee is no longer qualified for the position because of the employee's inability to attend a necessary course, renew a license, fly a minimum number of hours, or the like, as a result of the leave, the employee must be given a reasonable opportunity to fulfill those conditions upon return from leave.

 

(c)(1) An employee is entitled to any unconditional pay increases which may have occurred during the leave period, such as cost of living increases.  Pay increases conditioned upon seniority, length of service, or work performed must be granted in accordance with the employer's policy or practice with respect to other employees on an equivalent leave status for a reason that does not qualify for leave under this chapter.  An employee is entitled to be restored to a position with the same or equivalent pay premiums, such as a shift differential.  If an employee departed from a position averaging ten hours of overtime, and corresponding overtime pay, each week an employee is ordinarily entitled to such a position on return from leave under this chapter.

 

(2) Equivalent pay includes any bonus or payment, whether it is discretionary or nondiscretionary, made to employees consistent with the provisions of clause (1).  However, if a bonus or other payment is based on the achievement of a specified goal such as hours worked, products sold, or perfect attendance, and the employee has not met the goal due to leave under this chapter, the payment may be denied, unless otherwise paid to employees on an equivalent leave status for a reason that does not qualify for leave under this chapter.

 

(d) Benefits under this section include all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer through an employee benefit plan as defined in section 3(3) of United States Code, title 29, section 1002(3).

 

(1) At the end of an employee's leave under this chapter, benefits must be resumed in the same manner and at the same levels as provided when the leave began, and subject to any changes in benefit levels that may have taken place during the period of leave affecting the entire workforce, unless otherwise elected by the employee.  Upon return from a leave under this chapter, an employee cannot be required to requalify for any benefits the employee enjoyed before leave began, including family or dependent coverages.

 

(2) An employee may, but is not entitled to, accrue any additional benefits or seniority during a leave under this chapter.  Benefits accrued at the time leave began, however, must be available to an employee upon return from leave.


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(3) With respect to pension and other retirement plans, leave under this chapter must not be treated as or counted toward a break in service for purposes of vesting and eligibility to participate.  Also, if the plan requires an employee to be employed on a specific date in order to be credited with a year of service for vesting, contributions, or participation purposes, an employee on leave under this chapter must be treated as employed on that date.  However, periods of leave under this chapter need not be treated as credited service for purposes of benefit accrual, vesting, and eligibility to participate.

 

(4) Employees on leave under this chapter must be treated as if they continued to work for purposes of changes to benefit plans.  Employees on leave under this chapter are entitled to changes in benefit plans, except those which may be dependent upon seniority or accrual during the leave period, immediately upon return from leave or to the same extent they would have qualified if no leave had been taken.

 

(e) An equivalent position must have substantially similar duties, conditions, responsibilities, privileges, and status as the employee's original position.

 

(1) The employee must be reinstated to the same or a geographically proximate worksite from where the employee had previously been employed.  If the employee's original worksite has been closed, the employee is entitled to the same rights as if the employee had not been on leave when the worksite closed.

 

(2) The employee is ordinarily entitled to return to the same shift or the same or an equivalent work schedule.

 

(3) The employee must have the same or an equivalent opportunity for bonuses, profit-sharing, and other similar discretionary and nondiscretionary payments.

 

(4) This chapter does not prohibit an employer from accommodating an employee's request to be restored to a different shift, schedule, or position which better suits the employee's personal needs on return from leave, or to offer a promotion to a better position.  However, an employee must not be induced by the employer to accept a different position against the employee's wishes.

 

(f) The requirement that an employee be restored to the same or equivalent job with the same or equivalent pay, benefits, and terms and conditions of employment does not extend to de minimis, intangible, or unmeasurable aspects of the job.

 

Subd. 7.  Limitations on an employee's right to reinstatement.  An employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the period of leave under this chapter.  An employer must be able to show that an employee would not otherwise have been employed at the time reinstatement is requested in order to deny restoration to employment.

 

(1) If an employee is laid off during the course of taking a leave under this chapter and employment is terminated, the employer's responsibility to continue the leave, maintain group health plan benefits, and restore the employee cease at the time the employee is laid off, provided the employer has no continuing obligations under a collective bargaining agreement or otherwise.  An employer would have the burden of proving that an employee would have been laid off during the period of leave under this chapter and, therefore, would not be entitled to restoration.  Restoration to a job slated for layoff when the employee's original position would not meet the requirements of an equivalent position.

 

(2) If a shift has been eliminated or overtime has been decreased, an employee would not be entitled to return to work that shift or the original overtime hours upon restoration.  However, if a position on, for example, a night shift has been filled by another employee, the employee is entitled to return to the same shift on which employed before taking leave under this chapter.


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(3) If an employee was hired for a specific term or only to perform work on a discrete project, the employer has no obligation to restore the employee if the employment term or project is over and the employer would not otherwise have continued to employ the employee.

 

Subd. 8.  Remedies.  (a) In addition to any other remedies available to an employee in law or equity, an employer who violates the provisions of this section is liable to any employee affected for:

 

(1) damages equal to the amount of:

 

(i) any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation, or, in a cases in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation; and

 

(ii) reasonable interest on the amount described in item (i); and

 

(2) such equitable relief as may be appropriate, including employment, reinstatement, and promotion.

 

(b) An action to recover damages or equitable relief prescribed in paragraph (a) may be maintained against any employer in any federal or state court of competent jurisdiction by any one or more employees for and on behalf of:

 

(1) the employees; or

 

(2) the employees and other employees similarly situated.

 

(c) The court in an action under this section must, in addition to any judgment awarded to the plaintiff or plaintiffs, allow reasonable attorney fees, reasonable expert witness fees, and other costs of the action to be paid by the defendant.

 

(d) Nothing in this section shall be construed to allow an employee to recover damages from an employer for the denial of benefits under this chapter by the department, unless the employer unlawfully interfered with the application for benefits under subdivision 2.

 

Sec. 15.  [268B.10] SUBSTITUTION OF A PRIVATE PLAN.

 

Subdivision 1.  Application for substitution.  Employers may apply to the commissioner for approval to meet their obligations under this chapter through the substitution of a private plan that provides paid family, paid medical, or paid family and medical benefits.  In order to be approved as meeting an employer's obligations under this chapter, a private plan must confer all of the same rights, protections, and benefits provided to employees under this chapter, including but not limited to benefits under section 268B.08 and employment protections under section 268B.09.  An employee covered by a private plan under this section retains all applicable rights and remedies under section 268B.09.

 

Subd. 2.  Private plan requirements; medical benefit program.  The commissioner must approve an application for private provision of the medical benefit program if the commissioner determines:

 

(1) all of the employees of the employer are to be covered under the provisions of the employer plan;

 

(2) eligibility requirements for benefits and leave are no more restrictive than as provided under this chapter;


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(3) the weekly benefits payable under the private plan for any week are at least equal to the weekly benefit amount payable under this chapter, taking into consideration any coverage with respect to concurrent employment by another employer;

 

(4) the total number of weeks for which benefits are payable under the private plan is at least equal to the total number of weeks for which benefits would have been payable under this chapter;

 

(5) no greater amount is required to be paid by employees toward the cost of benefits under the employer plan than by this chapter;

 

(6) wage replacement benefits are stated in the plan separately and distinctly from other benefits;

 

(7) the private plan will provide benefits and leave for any serious health condition or pregnancy for which benefits are payable, and leave provided, under this chapter;

 

(8) the private plan will impose no additional condition or restriction on the use of medical benefits beyond those explicitly authorized by this chapter or regulations promulgated pursuant to this chapter;

 

(9) the private plan will allow any employee covered under the private plan who is eligible to receive medical benefits under this chapter to receive medical benefits under the employer plan; and

 

(10) coverage will be continued under the private plan while an employee remains employed by the employer.

 

Subd. 3.  Private plan requirements; family benefit program.  The commissioner must approve an application for private provision of the family benefit program if the commissioner determines:

 

(1) all of the employees of the employer are to be covered under the provisions of the employer plan;

 

(2) eligibility requirements for benefits and leave are no more restrictive than as provided under this chapter;

 

(3) the weekly benefits payable under the private plan for any week are at least equal to the weekly benefit amount payable under this chapter, taking into consideration any coverage with respect to concurrent employment by another employer;

 

(4) the total number of weeks for which benefits are payable under the private plan is at least equal to the total number of weeks for which benefits would have been payable under this chapter;

 

(5) no greater amount is required to be paid by employees toward the cost of benefits under the employer plan than by this chapter;

 

(6) wage replacement benefits are stated in the plan separately and distinctly from other benefits;

 

(7) the private plan will provide benefits and leave for any care for a family member with a serious health condition, bonding with a child, qualifying exigency, or safety leave event for which benefits are payable, and leave provided, under this chapter;

 

(8) the private plan will impose no additional condition or restriction on the use of family benefits beyond those explicitly authorized by this chapter or regulations promulgated pursuant to this chapter;

 

(9) the private plan will allow any employee covered under the private plan who is eligible to receive medical benefits under this chapter to receive medical benefits under the employer plan; and


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(10) coverage will be continued under the private plan while an employee remains employed by the employer.

 

Subd. 4.  Use of private insurance products.  Nothing in this section prohibits an employer from meeting the requirements of a private plan through a private insurance product.  If the employer plan involves a private insurance product, that insurance product must conform to any applicable law or rule.

 

Subd. 5.  Private plan approval and oversight fee.  An employer with an approved private plan will not be required to pay premiums established under section 268B.12.  An employer with an approved private plan will be responsible for a private plan approval and oversight fee equal to $250 for employers with fewer than 50 employees, $500 for employers with 50 to 499 employees, and $1,000 for employers with 500 or more employees.  The employer must pay this fee (1) upon initial application for private plan approval and (2) any time the employer applies to amend the private plan.  The commissioner will review and report on the adequacy of this fee to cover private plan administrative costs annually beginning in 2020 as part of the annual report established in section 268B.21.

 

Subd. 6.  Plan duration.  A private plan under this section must be in effect for a period of at least one year and, thereafter, continuously unless the commissioner finds that the employer has given notice of withdrawal from the plan in a manner specified by the commissioner in this section or rule.  The plan may be withdrawn by the employer within 30 days of the effective date of any law increasing the benefit amounts or within 30 days of the date of any change in the rate of premiums.  If the plan is not withdrawn, it must be amended to conform to provide the increased benefit amount or change in the rate of the employee's premium on the date of the increase or change.

 

Subd. 7.  Appeals.  An employer may appeal any adverse action regarding that employer's private plan to the commissioner, in a manner specified by the commissioner.

 

Subd. 8.  Employees no longer covered.  (a) An employee is no longer covered by an approved private plan if a leave under this chapter occurs after the employment relationship with the private plan employer ends, or if the commissioner revokes the approval of the private plan.

 

(b) An employee no longer covered by an approved private plan is, if otherwise eligible, immediately entitled to benefits under this chapter to the same extent as though there had been no approval of the private plan.

 

Subd. 9.  Posting of notice regarding private plan.  An employer with a private plan must provide a notice prepared by or approved by the commissioner regarding the private plan consistent with the provisions of section 268B.22.

 

Subd. 10.  Amendment.  (a) The commissioner must approve any amendment to a private plan adjusting the provisions thereof, if the commissioner determines:

 

(1) that the plan, as amended, will conform to the standards set forth in this chapter; and

 

(2) that notice of the amendment has been delivered to all affected employees at least ten days before the submission of the amendment.

 

(b) Any amendments approved under this subdivision are effective on the date of the commissioner's approval, unless the commissioner and the employer agree on a later date.

 

Subd. 11.  Successor employer.  A private plan in effect at the time a successor acquires the employer organization, trade, or business, or substantially all the assets thereof, or a distinct and severable portion of the organization, trade, or business, and continues its operation without substantial reduction of personnel resulting from


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the acquisition, must continue the approved private plan and must not withdraw the plan without a specific request for withdrawal in a manner and at a time specified by the commissioner.  A successor may terminate a private plan with notice to the commissioner and within 90 days from the date of the acquisition.

 

Subd. 12.  Revocation of approval by commissioner.  (a) The commissioner may terminate any private plan if the commissioner determines the employer:

 

(1) failed to pay benefits;

 

(2) failed to pay benefits in a timely manner, consistent with the requirements of this chapter;

 

(3) failed to submit reports as required by this chapter or rule adopted under this chapter; or

 

(4) otherwise failed to comply with this chapter or rule adopted under this chapter.

 

(b) The commissioner must give notice of the intention to terminate a plan to the employer at least ten days before taking any final action.  The notice must state the effective date and the reason for the termination.

 

(c) The employer may, within ten days from mailing or personal service of the notice, file an appeal to the commissioner in the time, manner, method, and procedure provided by the commissioner under subdivision 7.

 

(d) The payment of benefits must not be delayed during an employer's appeal of the revocation of approval of a private plan.

 

(e) If the commissioner revokes approval of an employer's private plan, that employer is ineligible to apply for approval of another private plan for a period of three years, beginning on the date of revocation.

 

Subd. 13.  Employer penalties.  (a) The commissioner may assess the following monetary penalties against an employer with an approved private plan found to have violated this chapter:

 

(1) $1,000 for the first violation; and

 

(2) $2,000 for the second, and each successive violation.

 

(b) The commissioner must waive collection of any penalty if the employer corrects the violation within 30 days of receiving a notice of the violation and the notice is for a first violation.

 

(c) The commissioner may waive collection of any penalty if the commissioner determines the violation to be an inadvertent error by the employer.

 

(d) Monetary penalties collected under this section shall be deposited in the account.

 

(e) Assessment of penalties under this subdivision may be appealed as provided by the commissioner under subdivision 7.

 

Subd. 14.  Reports, information, and records.  Employers with an approved private plan must maintain all reports, information, and records as relating to the private plan and claims for a period of six years from creation and provide to the commissioner upon request.

 

Subd. 15.  Audit and investigation.  The commissioner may investigate and audit plans approved under this section both before and after the plans are approved.


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Sec. 16.  [268B.11] SELF-EMPLOYED AND INDEPENDENT CONTRACTOR ELECTION OF COVERAGE.

 

Subdivision 1.  Election of coverage.  (a) A self-employed individual or independent contractor may file with the commissioner by electronic transmission in a format prescribed by the commissioner an application to be entitled to benefits under this chapter for a period not less than 104 consecutive calendar weeks.  Upon the approval of the commissioner, sent by United States mail or electronic transmission, the individual is entitled to benefits under this chapter beginning the calendar quarter after the date of approval or beginning in a later calendar quarter if requested by the self-employed individual or independent contractor.  The individual ceases to be entitled to benefits as of the first day of January of any calendar year only if, at least 30 calendar days before the first day of January, the individual has filed with the commissioner by electronic transmission in a format prescribed by the commissioner a notice to that effect.

 

(b) The commissioner may terminate any application approved under this section with 30 calendar days' notice sent by United States mail or electronic transmission if the self-employed individual is delinquent on any premiums due under this chapter an election agreement.  If an approved application is terminated in this manner during the first 104 consecutive calendar weeks of election, the self-employed individual remains obligated to pay the premium under subdivision 3 for the remainder of that 104-week period.

 

Subd. 2.  Application A self-employed individual who applies for coverage under this section must provide the commissioner with (1) the amount of the individual's net earnings from self-employment, if any, from the two most recent taxable years and all tax documents necessary to prove the accuracy of the amounts reported and (2) any other documentation the commissioner requires.  A self-employed individual who is covered under this chapter must annually provide the commissioner with the amount of the individual's net earnings from self-employment within 30 days of filing a federal income tax return.

 

Subd. 3.  Premium.  A self-employed individual who elects to receive coverage under this chapter must annually pay a premium equal to one-half the percentage in section 268B.12, subdivision 4, clause (1), times the lesser of:

 

(1) the individual's self-employment premium base; or

 

(2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability Insurance tax.

 

Subd. 4.  Benefits.  Notwithstanding anything to the contrary, a self-employed individual who has applied to and been approved for coverage by the commissioner under this section is entitled to benefits on the same basis as an employee under this chapter, except that a self-employed individual's weekly benefit amount under section 268B.08, subdivision 1, must calculated as a percentage of the self-employed individual's self-employment premium base, rather than wages.

 

Sec. 17.  [268B.12] PREMIUMS.

 

Subdivision 1.  Employer.  (a) Each person or entity required, or who elected, to register for a tax account under sections 268.042, 268.045, and 268.046 must pay a premium on the wages paid to employees in covered employment for each calendar year.  The premium must be paid on all wages up to the maximum specified by this section.

 

(b) Each person or entity required, or who elected, to register for a reimbursable account under sections 268.042, 268.045, and 268.046 must pay a premium on the wages paid to employees in covered employment in the same amount and manner as provided by paragraph (a).


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Subd. 2.  Employee charge back.  Notwithstanding section 177.24, subdivision 4, or 181.06, subdivision 1, employers and covered business entities may deduct up to 50 percent of annual premiums paid under this section from employee wages.  Such deductions for any given employee must be in equal proportion to the premiums paid based on the wages of that employee, and all employees of an employer must be subject to the same percentage deduction.  Deductions under this section must not cause an employee's wage, after the deduction, to fall below the rate required to be paid to the worker by law, including any applicable statute, regulation, rule, ordinance, government resolution or policy, contract, or other legal authority, whichever rate of pay is greater. 

 

Subd. 3.  Wages and payments subject to premium.  (a) The maximum wages subject to premium in a calendar year is equal to the maximum earnings in that year subject to the FICA Old-Age, Survivors, and Disability Insurance tax.

 

(b) The maximum payment amount subject to premium in a calendar year, under subdivision 1, paragraph (c), is equal to the maximum earnings in that year subject to the FICA Old-Age, Survivors, and Disability Insurance tax.

 

Subd. 4.  Annual premium rates.  The employer premium rates for the calendar year beginning January 1, 2021, shall be as follows:

 

(1) for employers participating in both family and medical benefit programs, 0.6 percent;

 

(2) for an employer participating in only the medical benefit program and with an approved private plan for the family benefit program, 0.486 percent; and

 

(3) for an employer participating in only the family benefit program and with an approved private plan for the medical benefit program, 0.114 percent.

 

Subd. 5.  Premium rate adjustments.  (a) Each calendar year following the calendar year beginning January 1, 2023, the commissioner must adjust the annual premium rates using the formula in paragraph (b).

 

(b) To calculate the employer rates for a calendar year, the commissioner must:

 

(1) multiply 1.45 times the amount disbursed from the account for the 52-week period ending September 30 of the prior year;

 

(2) subtract the amount in the account on that September 30 from the resulting figure;

 

(3) divide the resulting figure by twice the total wages in covered employment of employees of employers without approved private plans under section 268B.10 for either the family or medical benefit program.  For employers with an approved private plan for either the medical benefit program or the family benefit program, but not both, count only the proportion of wages in covered employment associated with the program for which the employer does not have an approved private plan; and

 

(4) round the resulting figure down to the nearest one-hundredth of one percent.

 

(c) The commissioner must apportion the premium rate between the family and medical benefit programs based on the relative proportion of expenditures for each program during the preceding year.

 

Subd. 6.  Deposit of premiums.  All premiums collected under this section must be deposited into the account.

 

Subd. 7.  Nonpayment of premiums by employer.  The failure of an employer to pay premiums does not impact the right of an employee to benefits, or any other right, under this chapter.


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Sec. 18.  [268B.13] COLLECTION OF PREMIUMS.

 

Subdivision 1.  Amount computed presumed correct.  Any amount due from an employer, as computed by the commissioner, is presumed to be correctly determined and assessed, and the burden is upon the employer to show any error.  A statement by the commissioner of the amount due is admissible in evidence in any court or administrative proceeding and is prima facie evidence of the facts in the statement.

 

Subd. 2.  Priority of payments.  (a) Any payment received from an employer must be applied in the following order:

 

(1) premiums due under this chapter; then

 

(2) interest on past due premiums; then

 

(3) penalties, late fees, administrative service fees, and costs.

 

(b) Paragraph (a) is the priority used for all payments received from an employer, regardless of how the employer may designate the payment to be applied, except when:

 

(1) there is an outstanding lien and the employer designates that the payment made should be applied to satisfy the lien;

 

(2) a court or administrative order directs that the payment be applied to a specific obligation;

 

(3) a preexisting payment plan provides for the application of payment; or

 

(4) the commissioner agrees to apply the payment to a different priority.

 

Subd. 3.  Costs.  (a) Any employer that fails to pay any amount when due under this chapter is liable for any filing fees, recording fees, sheriff fees, costs incurred by referral to any public or private collection agency, or litigation costs, including attorney fees, incurred in the collection of the amounts due.

 

(b) If any tendered payment of any amount due is not honored when presented to a financial institution for payment, any costs assessed to the department by the financial institution and a fee of $25 must be assessed to the person.

 

(c) Costs and fees collected under this subdivision are credited to the account.

 

Subd. 4.  Interest on amounts past due.  If any amounts due from an employer under this chapter, except late fees, are not received on the date due, the unpaid balance bears interest at the rate of one percent per month or any part of a month.  Interest collected under this subdivision is payable to the account.

 

Subd. 5.  Interest on judgments.  Regardless of section 549.09, if judgment is entered upon any past due amounts from an employer under this chapter, the unpaid judgment bears interest at the rate specified in subdivision 4 until the date of payment.

 

Subd. 6.  Credit adjustments; refunds.  (a) If an employer makes an application for a credit adjustment of any amount paid under this chapter within four years of the date that the payment was due, in a manner and format prescribed by the commissioner, and the commissioner determines that the payment or any portion thereof was


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erroneous, the commissioner must make an adjustment and issue a credit without interest.  If a credit cannot be used, the commissioner must refund, without interest, the amount erroneously paid.  The commissioner, on the commissioner's own motion, may make a credit adjustment or refund under this subdivision.

 

(b) Any refund returned to the commissioner is considered unclaimed property under chapter 345.

 

(c) If a credit adjustment or refund is denied in whole or in part, a determination of denial must be sent to the employer by United States mail or electronic transmission.  The determination of denial is final unless an employer files an appeal within 20 calendar days after receipt of the determination.

 

(d) If an employer receives a credit adjustment or refund under this section, the employer must determine the amount of any overpayment attributable to a deduction from employee wages under section 268B.12, subdivision 2, and return any amount erroneously deducted to each affected employee.

 

Subd. 7.  Priorities under legal dissolutions or distributions.  In the event of any distribution of an employer's assets according to an order of any court, including any receivership, assignment for benefit of creditors, adjudicated insolvency, or similar proceeding, premiums then or thereafter due must be paid in full before all other claims except claims for wages of not more than $1,000 per former employee that are earned within six months of the commencement of the proceedings.  In the event of an employer's adjudication in bankruptcy under federal law, premiums then or thereafter due are entitled to the priority provided in that law for taxes due.

 

Sec. 19.  [268B.14] ADMINISTRATIVE COSTS.

 

From July 1, 2021, through December 31, 2021, the commissioner may spend up to seven percent of premiums collected under section 268B.13 for administration of this chapter.  Beginning January 1, 2022, and each calendar year thereafter, the commissioner may spend up to seven percent of projected benefit payments for that calendar year for the administration of this chapter.  The department may enter into interagency agreements with the Department of Labor and Industry, including agreements to transfer funds, subject to the limit in this section, for the Department of Labor and Industry to fulfill its enforcement authority of this chapter.

 

Sec. 20.  [268B.15] PUBLIC OUTREACH.

 

Beginning in fiscal year 2022, the commissioner must use at least 0.5 percent of revenue collected under this chapter for the purpose of outreach, education, and technical assistance for employees, employers, and self‑employed individuals eligible to elect coverage under section 268B.11.  The department may enter into interagency agreements with the Department of Labor and Industry, including agreements to transfer funds, subject to the limit in section 268B.14, to accomplish the requirements of this section.  At least one-half of the amount spent under this section must be used for grants to community-based groups.

 

Sec. 21.  [268B.16] APPLICANT'S FALSE REPRESENTATIONS; CONCEALMENT OF FACTS; PENALTY.

 

(a) Any applicant who knowingly makes a false statement or representation, knowingly fails to disclose a material fact, or makes a false statement or representation without a good-faith belief as to the correctness of the statement or representation in order to obtain or in an attempt to obtain benefits may be assessed, in addition to any other penalties, an administrative penalty of ineligibility of benefits for 13 to 104 weeks.

 

(b) A determination of ineligibility setting out the weeks the applicant is ineligible must be sent to the applicant by United States mail or electronic transmission.  The determination is final unless an appeal is filed within 30 calendar days after receipt of the determination.


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Sec. 22.  [268B.17] EMPLOYER MISCONDUCT; PENALTY.

 

(a) The commissioner must penalize an employer if that employer or any employee, officer, or agent of that employer is in collusion with any applicant for the purpose of assisting the applicant in receiving benefits fraudulently.  The penalty is $500 or the amount of benefits determined to be overpaid, whichever is greater.

 

(b) The commissioner must penalize an employer if that employer or any employee, officer, or agent of that employer:

 

(1) made a false statement or representation knowing it to be false;

 

(2) made a false statement or representation without a good-faith belief as to the correctness of the statement or representation; or

 

(3) knowingly failed to disclose a material fact.

 

(c) The penalty is the greater of $500 or 50 percent of the following resulting from the employer's action:

 

(1) the amount of any overpaid benefits to an applicant;

 

(2) the amount of benefits not paid to an applicant that would otherwise have been paid; or

 

(3) the amount of any payment required from the employer under this chapter that was not paid.

 

(d) Penalties must be paid within 30 calendar days of issuance of the determination of penalty and credited to the account.

 

(e) The determination of penalty is final unless the employer files an appeal within 30 calendar days after the sending of the determination of penalty to the employer by United States mail or electronic transmission.

 

Sec. 23.  [268B.18] RECORDS; AUDITS.

 

(a) Each employer must keep true and accurate records on individuals performing services for the employer, containing the information the commissioner may require under this chapter.  The records must be kept for a period of not less than four years in addition to the current calendar year.

 

(b) For the purpose of administering this chapter, the commissioner has the power to investigate, audit, examine, or cause to be supplied or copied, any books, correspondence, papers, records, or memoranda that are the property of, or in the possession of, an employer or any other person at any reasonable time and as often as may be necessary.

 

(c) An employer or other person that refuses to allow an audit of its records by the department or that fails to make all necessary records available for audit in the state upon request of the commissioner may be assessed an administrative penalty of $500.  The penalty collected is credited to the account.

 

Sec. 24.  [268B.19] SUBPOENAS; OATHS.

 

(a) The commissioner or benefit judge has authority to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of individuals and the production of documents and other personal property necessary in connection with the administration of this chapter.


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(b) Individuals subpoenaed, other than applicants or officers and employees of an employer that is the subject of the inquiry, must be paid witness fees the same as witness fees in civil actions in district court.  The fees need not be paid in advance.

 

(c) The subpoena is enforceable through the district court in Ramsey County.

 

Sec. 25.  [268B.20] CONCILIATION SERVICES.

 

The Department of Labor and Industry may offer conciliation services to employers and employees to resolve disputes concerning alleged violations of employment protections identified in section 268B.09.

 

Sec. 26.  [268B.21] ANNUAL REPORTS.

 

(a) Annually, beginning on or before December 1, 2021, the commissioner must report to the Department of Management and Budget and the house of representatives and senate committee chairs with jurisdiction over this chapter on program administrative expenditures and revenue collection for the prior fiscal year, including but not limited to:

 

(1) total revenue raised through premium collection;

 

(2) the number of self-employed individuals or independent contractors electing coverage under section 268B.11 and amount of associated revenue;

 

(3) the number of covered business entities paying premiums under this chapter and associated revenue;

 

(4) administrative expenditures including transfers to other state agencies expended in the administration of the chapter;

 

(5) summary of contracted services expended in the administration of this chapter;

 

(6) grant amounts and recipients under section 268B.15;

 

(7) an accounting of required outreach expenditures;

 

(8) summary of private plan approvals including the number of employers and employees covered under private plans; and

 

(9) adequacy and use of the private plan approval and oversight fee.

 

(b) Annually, beginning on or before December 1, 2022, the commissioner must publish a publicly available report providing the following information for the previous fiscal year:

 

(1) total eligible claims;

 

(2) the number and percentage of claims attributable to each category of benefit;

 

(3) claimant demographics by age, gender, average weekly wage, occupation, and the type of leave taken;

 

(4) the percentage of claims denied and the reasons therefor, including, but not limited to insufficient information and ineligibility and the reason therefor;


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(5) average weekly benefit amount paid for all claims and by category of benefit;

 

(6) changes in the benefits paid compared to previous fiscal years;

 

(7) processing times for initial claims processing, initial determinations, and final decisions;

 

(8) average duration for cases completed; and

 

(9) the number of cases remaining open at the close of such year.

 

Sec. 27.  [268B.22] NOTICE REQUIREMENTS.

 

(a) Each employer must post in a conspicuous place on each of its premises a workplace notice prepared or approved by the commissioner providing notice of benefits available under this chapter.  The required workplace notice must be in English and each language other than English which is the primary language of five or more employees or independent contractors of that workplace, if such notice is available from the department.

 

(b) Each employer must issue to each employee not more than 30 days from the beginning date of the employee's employment, or 30 days before premium collection begins, which ever is later, the following written information provided or approved by the department in the primary language of the employee:

 

(1) an explanation of the availability of family and medical leave benefits provided under this chapter, including rights to reinstatement and continuation of health insurance;

 

(2) the amount of premium deductions made by the employer under this chapter;

 

(3) the employer's premium amount and obligations under this chapter;

 

(4) the name and mailing address of the employer;

 

(5) the identification number assigned to the employer by the department;

 

(6) instructions on how to file a claim for family and medical leave benefits;

 

(7) the mailing address, e­mail address, and telephone number of the department; and

 

(8) any other information required by the department.

 

Delivery is made when an employee provides written acknowledgment of receipt of the information, or signs a statement indicating the employee's refusal to sign such acknowledgment.

 

(c) Each employer shall provide to each independent contractor with whom it contracts, at the time such contract is made or, for existing contracts, within 30 days of the effective date of this section, the following written information provided or approved by the department in the self-employed individual's primary language:

 

(1) the address and telephone number of the department; and

 

(2) any other information required by the department.


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(d) An employer that fails to comply with this subsection may be issued, for a first violation, a civil penalty of $50 per employee and per independent contractor with whom it has contracted, and for each subsequent violation, a civil penalty of $300 per employee or self-employed individual with whom it has contracted.  The employer shall have the burden of demonstrating compliance with this section.

 

(e) Employer notice to an employee under this section may be provided in paper or electronic format.  For notice provided in electronic format only, the employer must provide employee access to an employer-owner computer during an employee's regular working hours to review and print required notices.

 

Sec. 28.  [268B.23] RELATIONSHIP TO OTHER LEAVE; CONSTRUCTION.

 

Subdivision 1.  Concurrent leave.  An employer may require leave taken under this chapter to run concurrently with leave taken for the same purpose under section 181.941 or the Family and Medical Leave Act, United States Code, title 29, sections 2601 to 2654, as amended.

 

Subd. 2.  Construction.  Nothing in this chapter shall be construed to:

 

(1) allow an employer to compel an employee to exhaust accumulated sick, vacation, or personal time before or while taking leave under this chapter;

 

(2) prohibit an employer from providing additional benefits, including, but not limited to, covering the portion of earnings not provided under this chapter during periods of leave covered under this chapter; or

 

(3) limit the parties to a collective bargaining agreement from bargaining and agreeing with respect to leave benefits and related procedures and employee protections that meet or exceed, and do not otherwise conflict with, the minimum standards and requirements in this chapter.

 

Sec. 29.  [268B.24] SMALL BUSINESS ASSISTANCE GRANTS.

 

(a) Employers with 50 or fewer employees may apply to the department for grants under this section.

 

(b) The commissioner may approve a grant of up to $3,000 if the employer hires a temporary worker to replace an employee on family or medical leave for a period of seven days or more.

 

(c) For an employee's family or medical leave, the commissioner may approve a grant of up to $1,000 as reimbursement for significant additional wage-related costs due to the employee's leave.

 

(d) To be eligible for consideration for a grant under this section, the employer must provide the department written documentation showing the temporary worker hired or significant wage-related costs incurred are due to an employee's use of leave under this chapter.

 

(e) The grants under this section may be funded from the account.

 

(f) For the purposes of this section, the commissioner shall average the number of employees reported by an employer over the last four completed calendar quarters to determine the size of the employer.

 

(g) An employer who has an approved private plan is not eligible to receive a grant under this section.

 

(h) The commissioner may award grants under this section only up to a maximum of $5,000,000 per calendar year.


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Sec. 30.  Minnesota Statutes 2018, section 290.0132, is amended by adding a subdivision to read:

 

Subd. 23.  Benefits under chapter 268B.  The amount received in benefits under chapter 268B is a subtraction.

 

Sec. 31.  EFFECTIVE DATES.

 

(a) Benefits under Minnesota Statutes, chapter 268B, shall not be applied for or paid until January 1, 2022, and thereafter.

 

(b) Sections 1, 2, 4, 5, and 6 are effective July 1, 2019.

 

(c) Section 15 is effective July 1, 2020.

 

(d) Sections 3, 17, 18, 22, 23, 24, and 26 are effective January 1, 2021.

 

(e) Sections 19 and 20 are effective July 1, 2021.

 

(f) Sections 7, 8, 9, 10, 11, 12, 13, 14, 16, 21, 25, 27, 28, 29, and 30 are effective January 1, 2022.

 

ARTICLE 3

FAMILY AND MEDICAL LEAVE BENEFIT AS EARNINGS

 

Section 1.  Minnesota Statutes 2018, section 256J.561, is amended by adding a subdivision to read:

 

Subd. 4.  Parents receiving family and medical leave benefits.  A parent who meets the criteria under subdivision 2 and who receives benefits under chapter 268B is not required to participate in employment services.

 

Sec. 2.  Minnesota Statutes 2018, section 256J.95, subdivision 3, is amended to read:

 

Subd. 3.  Eligibility for diversionary work program.  (a) Except for the categories of family units listed in clauses (1) to (8), all family units who apply for cash benefits and who meet MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and must participate in the diversionary work program.  Family units or individuals that are not eligible for the diversionary work program include:

 

(1) child only cases;

 

(2) single-parent family units that include a child under 12 months of age.  A parent is eligible for this exception once in a parent's lifetime;

 

(3) family units with a minor parent without a high school diploma or its equivalent;

 

(4) family units with an 18- or 19-year-old caregiver without a high school diploma or its equivalent who chooses to have an employment plan with an education option;

 

(5) family units with a caregiver who received DWP benefits within the 12 months prior to the month the family applied for DWP, except as provided in paragraph (c);

 

(6) family units with a caregiver who received MFIP within the 12 months prior to the month the family applied for DWP;

 

(7) family units with a caregiver who received 60 or more months of TANF assistance; and


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(8) family units with a caregiver who is disqualified from the work participation cash benefit program, DWP, or MFIP due to fraud.; and

 

(9) single-parent family units where a parent is receiving family and medical leave benefits under chapter 268B.

 

(b) A two-parent family must participate in DWP unless both caregivers meet the criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit includes a parent who meets the criteria in paragraph (a), clause (6), (7), or (8).

 

(c) Once DWP eligibility is determined, the four months run consecutively.  If a participant leaves the program for any reason and reapplies during the four-month period, the county must redetermine eligibility for DWP.

 

Sec. 3.  Minnesota Statutes 2018, section 256J.95, subdivision 11, is amended to read:

 

Subd. 11.  Universal participation required.  (a) All DWP caregivers, except caregivers who meet the criteria in paragraph (d), are required to participate in DWP employment services.  Except as specified in paragraphs (b) and (c), employment plans under DWP must, at a minimum, meet the requirements in section 256J.55, subdivision 1.

 

(b) A caregiver who is a member of a two-parent family that is required to participate in DWP who would otherwise be ineligible for DWP under subdivision 3 may be allowed to develop an employment plan under section 256J.521, subdivision 2, that may contain alternate activities and reduced hours.

 

(c) A participant who is a victim of family violence shall be allowed to develop an employment plan under section 256J.521, subdivision 3.  A claim of family violence must be documented by the applicant or participant by providing a sworn statement which is supported by collateral documentation in section 256J.545, paragraph (b).

 

(d) One parent in a two-parent family unit that has a natural born child under 12 months of age is not required to have an employment plan until the child reaches 12 months of age unless the family unit has already used the exclusion under section 256J.561, subdivision 3, or the previously allowed child under age one exemption under section 256J.56, paragraph (a), clause (5). if that parent:

 

(1) receives family and medical leave benefits under chapter 268B; or

 

(2) has a natural born child under 12 months of age until the child reaches 12 months of age unless the family unit has already used the exclusion under section 256J.561, subdivision 3, or the previously allowed child under age one exemption under section 256J.56, paragraph (a), clause (5).

 

(e) The provision in paragraph (d) ends the first full month after the child reaches 12 months of age.  This provision is allowable only once in a caregiver's lifetime.  In a two-parent household, only one parent shall be allowed to use this category.

 

(f) The participant and job counselor must meet in the month after the month the child reaches 12 months of age to revise the participant's employment plan.  The employment plan for a family unit that has a child under 12 months of age that has already used the exclusion in section 256J.561 must be tailored to recognize the caregiving needs of the parent.

 

Sec. 4.  Minnesota Statutes 2018, section 256P.01, subdivision 3, is amended to read:

 

Subd. 3.  Earned income.  "Earned income" means cash or in-kind income earned through the receipt of wages, salary, commissions, bonuses, tips, gratuities, profit from employment activities, net profit from self-employment activities, payments made by an employer for regularly accrued vacation or sick leave, severance pay based on


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accrued leave time, benefits paid under chapter 268B, payments from training programs at a rate at or greater than the state's minimum wage, royalties, honoraria, or other profit from activity that results from the client's work, service, effort, or labor.  The income must be in return for, or as a result of, legal activity.

 

Sec. 5.  EFFECTIVE DATES.

 

Sections 1 to 4 are effective January 1, 2022.

 

ARTICLE 4

ECONOMIC DEVELOPMENT POLICY

 

Section 1.  [116J.545] GETTING TO WORK GRANT PROGRAM.

 

Subdivision 1.  Creation.  The commissioner of employment and economic development shall make grants to nonprofit organizations to establish and operate programs under this section that provide, repair, or maintain motor vehicles to assist eligible individuals in obtaining or maintaining employment.  All grants shall be for two years.

 

Subd. 2.  Qualified grantee.  A grantee must:

 

(1) qualify under section 501(c)(3) of the Internal Revenue Code; and

 

(2) at the time of application, offer or have the demonstrated capacity to offer a motor vehicle program that provides the services required under subdivision 3.

 

Subd. 3.  Program requirements.  (a) A program must offer one or more of the following services:

 

(1) provision of new or used motor vehicles by gift, sale, or lease;

 

(2) motor vehicle repair and maintenance services; or

 

(3) motor vehicle loans.

 

(b) In addition to the requirements of paragraph (a), a program must offer one or more of the following services:

 

(1) financial literacy education;

 

(2) education on budgeting for vehicle ownership;

 

(3) car maintenance and repair instruction;

 

(4) credit counseling; or

 

(5) job training related to motor vehicle maintenance and repair.

 

Subd. 4.  Application.  An application for a grant must be on a form provided by the commissioner and on a schedule set by the commissioner.  An application must, in addition to any other information required by the commissioner, include the following:

 

(1) a detailed description of all services to be offered;

 

(2) the area to be served;


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(3) the estimated number of program participants to be served by the grant; and

 

(4) a plan for leveraging resources from partners that may include but are not limited to:

 

(i) automobile dealers;

 

(ii) automobile parts dealers;

 

(iii) independent local mechanics and automobile repair facilities;

 

(iv) banks and credit unions;

 

(v) employers;

 

(vi) employment and training agencies;

 

(vii) insurance companies and agents;

 

(viii) local workforce centers; and

 

(ix) educational institutions including vocational institutions and jobs or skills training programs.

 

Subd. 5.  Participant eligibility.  (a) To be eligible to receive program services, a person must:

 

(1) have a household income at or below 200 percent of the federal poverty level;

 

(2) be at least 18 years of age;

 

(3) have a valid driver's license;

 

(4) provide the grantee with proof of motor vehicle insurance; and

 

(5) demonstrate to the grantee that a motor vehicle is required by the person to obtain or maintain employment.

 

(b) This subdivision does not preclude a grantee from imposing additional requirements consistent with paragraph (a) for the receipt of program services.

 

Subd. 6.  Report to legislature.  By February 15, 2021, and each January 15 in an odd-numbered year thereafter, the commissioner shall submit a report to the chairs of the house of representatives and senate committees with jurisdiction over workforce and economic development on program outcomes.  At a minimum, the report must include:

 

(1) the total number of program participants;

 

(2) the number of program participants who received each of the following:

 

(i) provision of a motor vehicle;

 

(ii) motor vehicle repair services; and

 

(iii) motor vehicle loans;


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(3) the number of program participants who report that they or their children were able to increase their participation in community activities such as after-school programs, other youth programs, church or civic groups, or library services as a result of participation in the program; and

 

(4) an analysis of the impact of the getting to work grant program on the employment rate and wages of program participants.

 

Sec. 2.  Minnesota Statutes 2018, section 116J.8731, subdivision 5, is amended to read:

 

Subd. 5.  Grant limits.  A Minnesota investment fund grant may not be approved for an amount in excess of $1,000,000, except that a grant of up to $2,000,000 is allowable for projects that have at least $25,000,000 in capital investment and 150 new employees.  This limit covers all money paid to complete the same project, whether paid to one or more grant recipients and whether paid in one or more fiscal years.  A local community or recognized Indian tribal government may retain 40 percent, but not more than $100,000, of a Minnesota investment fund grant when it is repaid to the local community or recognized Indian tribal government by the person or entity to which it was loaned by the local community or Indian tribal government.  Money repaid to the state must be credited to a Minnesota investment revolving loan account in the state treasury.  Funds in the account are appropriated to the commissioner and must be used in the same manner as are funds appropriated to the Minnesota investment fund.  Funds repaid to the state through existing Minnesota investment fund agreements must be credited to the Minnesota investment revolving loan account effective July 1, 2005.  A grant or loan may not be made to a person or entity for the operation or expansion of a casino or a store which is used solely or principally for retail sales.  Persons or entities receiving grants or loans must pay each employee total compensation, including benefits not mandated by law, that on an annualized basis is equal to at least 110 125 percent of the federal poverty level for a family of four.

 

Sec. 3.  Minnesota Statutes 2018, section 116J.8748, subdivision 4, is amended to read:

 

Subd. 4.  Certification; benefits.  (a) The commissioner may certify a Minnesota job creation fund business as eligible to receive a specific value of benefit under paragraphs (b) and (c) when the business has achieved its job creation and capital investment goals noted in its agreement under subdivision 3.

 

(b) A qualified Minnesota job creation fund business may be certified eligible for the benefits in this paragraph for up to five years for projects located in the metropolitan area as defined in section 200.02, subdivision 24, and seven years for projects located outside the metropolitan area, as determined by the commissioner when considering the best interests of the state and local area.  Notwithstanding section 16B.98, subdivision 5, paragraph (a), clause (3), or 16B.98, subdivision 5, paragraph (b), grant agreements for projects located outside the metropolitan area may be for up to seven years in length.  The eligibility for the following benefits begins the date the commissioner certifies the business as a qualified Minnesota job creation fund business under this subdivision:

 

(1) up to five percent rebate for projects located in the metropolitan area as defined in section 200.02, subdivision 24, and 7.5 percent for projects located outside the metropolitan area, on capital investment on qualifying purchases as provided in subdivision 5 with the total rebate for a project not to exceed $500,000;

 

(2) an award of up to $500,000 based on full-time job creation and wages paid as provided in subdivision 6 with the total award not to exceed $500,000;

 

(3) up to $1,000,000 in capital investment rebates and $1,000,000 in job creation awards are allowable for projects that have at least $25,000,000 in capital investment and 200 new employees in the metropolitan area as defined in section 200.02, subdivision 24, and 75 new employees for projects located outside the metropolitan area;


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(4) up to $1,000,000 in capital investment rebates are allowable for projects that have at least $25,000,000 in capital investment and 200 retained employees for projects located in the metropolitan area as defined in section 200.02, subdivision 24, and 75 employees for projects located outside the metropolitan area; and

 

(5) for clauses (3) and (4) only, the capital investment expenditure requirements may include the installation and purchases of machinery and equipment.  These expenditures are not eligible for the capital investment rebate provided under subdivision 5.

 

(c) The job creation award may be provided in multiple years as long as the qualified Minnesota job creation fund business continues to meet the job creation goals provided for in its agreement under subdivision 3 and the total award does not exceed $500,000 except as provided under paragraph (b), clauses (3) and (4).

 

(d) No rebates or award may be provided until the Minnesota job creation fund business or a third party constructing or managing the project has at least $500,000 in capital investment in the project and at least ten full‑time jobs have been created and maintained for at least one year or the retained employees, as provided in paragraph (b), clause (4), remain for at least one year.  The agreement may require additional performance outcomes that need to be achieved before rebates and awards are provided.  If fewer retained jobs are maintained, but still above the minimum under this subdivision, the capital investment award shall be reduced on a proportionate basis.

 

(e) The forms needed to be submitted to document performance by the Minnesota job creation fund business must be in the form and be made under the procedures specified by the commissioner.  The forms shall include documentation and certification by the business that it is in compliance with the business subsidy agreement, sections 116J.871 and 116L.66, and other provisions as specified by the commissioner.

 

(f) Minnesota job creation fund businesses must pay each new full-time employee added pursuant to the agreement total compensation, including benefits not mandated by law, that on an annualized basis is equal to at least 110 125 percent of the federal poverty level for a family of four.

 

(g) A Minnesota job creation fund business must demonstrate reasonable progress on capital investment expenditures within six months following designation as a Minnesota job creation fund business to ensure that the capital investment goal in the agreement under subdivision 1 will be met.  Businesses not making reasonable progress will not be eligible for benefits under the submitted application and will need to work with the local government unit to resubmit a new application and request to be a Minnesota job creation fund business.  Notwithstanding the goals noted in its agreement under subdivision 1, this action shall not be considered a default of the business subsidy agreement.

 

Sec. 4.  Minnesota Statutes 2018, section 116J.8748, subdivision 6, is amended to read:

 

Subd. 6.  Job creation award.  (a) A qualified Minnesota job creation fund business is eligible for an annual award for each new job created and maintained by the business using the following schedule:  $1,000 for each job position paying annual wages at least $26,000 $32,188 but less than $35,000 no more than $37,707; $2,000 for each job position paying at least $35,000 more than $37,707 but less than $45,000 no more than $47,965; and $3,000 for each job position paying at least $45,000 more than $47,965; and as noted in the goals under the agreement provided under subdivision 1.  These awards are increased by $1,000 if the business is located outside the metropolitan area as defined in section 200.02, subdivision 24, or if 51 percent of the business is cumulatively owned by minorities, veterans, women, or persons with a disability.

 

(b) The job creation award schedule must be adjusted annually using the percentage increase in the federal poverty level for a family of four.


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(c) Minnesota job creation fund businesses seeking an award credit provided under subdivision 4 must submit forms and applications to the Department of Employment and Economic Development as prescribed by the commissioner.

 

Sec. 5.  [116L.25] PATHWAYS TO PROSPERITY GRANT PROGRAM.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "Career pathway" means a career-readiness program, connected to a specific industry sector, that combines basic skills training, education, and support services and results in either industry-specific training or an employer‑recognized credential.

 

(c) "Commissioner" means the commissioner of employment and economic development.

 

(d) "Pathways to prosperity grant program" or "grant program" means the competitive grant program created in this section.

 

Subd. 2.  Establishment.  The commissioner shall establish a pathways to prosperity grant program to award grants to organizations to train adults facing the greatest employment disparities and to assist them in finding employment in high-demand occupations with long-term employment opportunities.

 

Subd. 3.  Grant process.  (a) The commissioner shall award grants to organizations through a competitive grant process.

 

(b) The commissioner shall develop grant-making criteria for the grant program.  These criteria shall include guidelines for multiple types of career pathways.  These criteria shall also consider a program's alignment with the labor market in the community where the program operates and, where applicable, a program's previous grant performance.  At least once every biennium, the commissioner shall consult with workforce development service providers on program criteria and administration.

 

(c) All reporting requirements for grant recipients shall be outlined in plain language in both the request for proposal and the grant contract.

 

(d) The commissioner shall provide applicants with technical assistance with understanding application procedures and program guidelines.

 

Sec. 6.  [116L.35] INVENTORY OF WORKFORCE DEVELOPMENT PROGRAMS.

 

(a) By January 15, 2020, and by January 15 of each even-numbered year thereafter, the commissioner of employment and economic development must submit a report to the chairs of the legislative committees with jurisdiction over workforce development that provides an inventory of all workforce development programs either provided by or overseen by any branch of the state of Minnesota.

 

(b) Programs related to workforce development that must be included in the report include those that:

 

(1) are federally funded or state funded;

 

(2) provide assistance to either businesses or individuals; or

 

(3) support internships, apprenticeships, career and technical education, or any form of employment training.


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(c) For each workforce development program, the report must include, at a minimum, the following information:

 

(1) details of program costs;

 

(2) the number of staff, both within the department and any outside organization;

 

(3) the number of program participants;

 

(4) a short description of what each program does;

 

(5) to the extent practical, quantifiable measures of program success;

 

(6) any data necessary to describe the work of the program;

 

(7) any data necessary to describe or evaluate the success of the program; and

 

(8) a plan for how the program can best measure its success in a manner useful and understandable to those responsible for funding the program in the future.

 

Sec. 7.  [116L.43] METROPOLITAN JOB TRAINING GRANTS.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "Agreement" means the agreement between an employer and the commissioner for a project.

 

(c) "Commissioner" means the commissioner of employment and economic development.

 

(d) "Disability" has the meaning given under United States Code, title 42, chapter 126.

 

(e) "Employee" means the individual employed in a new job.

 

(f) "Employer" means the individual, corporation, partnership, limited liability company, or association providing new jobs and entering into an agreement.

 

(g) "New job" means a job:

 

(1) that is provided by a new or expanding business in the manufacturing or technology industry;

 

(2) that is located within the metropolitan area, as defined under section 473.121, subdivision 2;

 

(3) that provides at least 32 hours of work per week for a minimum of nine months per year and is permanent with no planned termination date;

 

(4) that is certified by the commissioner as qualifying under the program before the first employee is hired to fill the job; and

 

(5) for which an employee hired was not:

 

(i) formerly employed by the employer in the state; or

 

(ii) a replacement worker, including a worker newly hired as a result of a labor dispute.


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(h) "Program" means the project or projects established under this section.

 

(i) "Program costs" means all necessary and incidental costs of providing program services, except that program costs are increased by $1,000 per employee for an individual with a disability.  The term does not include the cost of purchasing equipment to be owned or used by the training or educational institution or service.

 

(j) "Program services" means training and education specifically directed to new jobs that are determined to be appropriate by the commissioner, including in-house training; services provided by institutions of higher education and federal, state, or local agencies; or private training or educational services.  Administrative services and assessment and testing costs are included.

 

(k) "Project" means a training arrangement that is the subject of an agreement entered into between the commissioner and an employer to provide program services.

 

Subd. 2.  Service provision.  Upon request, the commissioner shall provide or coordinate the provision of program services under this section to a business eligible for grants under subdivision 8.  The commissioner shall specify the form of and required information to be provided with applications for projects to be funded with grants under this section.

 

Subd. 3.  Agreements; required terms.  (a) The commissioner may enter into an agreement to establish a project with an employer that:

 

(1) identifies program costs to be paid from sources under the program;

 

(2) identifies program costs to be paid by the employer;

 

(3) provides that on-the-job training costs for employees may not exceed 50 percent of the annual gross wages and salaries of the new jobs in the first full year after execution of the agreement up to a maximum of $10,000 per eligible employee;

 

(4) provides that each employee must be paid wages at least equal to the median hourly wage for the county in which the job is located, as reported in the most recently available data from the United States Bureau of the Census, plus benefits, by the earlier of the end of the training period or 18 months of employment under the project; and

 

(5) provides that job training will be provided and the length of time of training.

 

(b) Before entering into a final agreement, the commissioner shall:

 

(1) determine that sufficient funds for the project are available under subdivision 8; and

 

(2) investigate the applicability of other training programs and determine whether the job skills partnership grant program is a more suitable source of funding for the training and whether the training can be completed in a timely manner that meets the needs of the business.

 

The investigation under clause (2) must be completed within 15 days or as soon as reasonably possible after the employer has provided the commissioner with all the requested information.

 

Subd. 4.  Grant funds sufficient.  The commissioner must not enter into an agreement under subdivision 3 unless the commissioner determines that sufficient funds are available.

 

Subd. 5.  Grant limit.  The maximum grant amount for a project is $400,000.


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Subd. 6.  Allocation.  The commissioner shall allocate grant funds under subdivision 8 to project applications based on a first-come, first-served basis, determined on the basis of the commissioner's receipt of a complete application for the project, including the provision of all of the required information.  The agreement must specify the amount of grant funds available to the employer for each year covered by the agreement.

 

Subd. 7.  Application fee.  The commissioner may charge each employer an application fee to cover part or all of the administrative and legal costs incurred, not to exceed $500 per employer.  The fee is deemed approved under section 16A.1283.  The fee is deposited in the metropolitan jobs training account in the special revenue fund and amounts in the account are appropriated to the commissioner for the costs of administering the program.  The commissioner shall refund the fee to the employer if the application is denied because program funding is unavailable.

 

Subd. 8.  Grants; recovery of program costs.  Amounts paid by employers for program costs are repaid by a metropolitan job training grant equal to the lesser of the following:

 

(1) the amount of program costs specified in the agreement for the project; or

 

(2) the amount of program costs paid by the employer for new employees under a project.

 

Subd. 9.  Reports.  (a) By February 1, 2022, and each February 1 thereafter, the commissioner shall report to the governor and the legislature on the program.  The report must include at least:

 

(1) the amount of grants issued under the program;

 

(2) the number of individuals receiving training under the program, including the number of new hires who are individuals with disabilities;

 

(3) the number of new hires attributable to the program, including the number of new hires who are individuals with disabilities;

 

(4) an analysis of the effectiveness of the grant in encouraging employment; and

 

(5) any other information the commissioner determines appropriate.

 

(b) The report to the legislature must be distributed as provided in section 3.195.

 

Sec. 8.  [116L.9761] MINNESOTA CALL CENTER JOBS ACT.

 

Sections 116L.9762 to 116L.9766 shall be known as the "Minnesota Call Center Jobs Act."

 

EFFECTIVE DATE.  This section is effective 180 days after final enactment

 

Sec. 9.  [116L.9762] DEFINITIONS.

 

Subdivision 1.  Application.  For the purposes of sections 116L.9762 to 116L.9766, the terms defined in this section have the meanings given them.

 

Subd. 2.  Agency.  "Agency" means a state department under section 15.01.


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Subd. 3.  Business entity.  "Business entity" means any organization, corporation, trust, partnership, sole proprietorship, unincorporated association, or venture established to make a profit, in whole or in part, by purposefully availing itself of the privilege of conducting commerce in Minnesota.

 

Subd. 4.  Call center.  "Call center" means a facility or other operation with employees who receive incoming telephone calls, e­mail, or other electronic communications for the purpose of providing customer assistance or other service.

 

Subd. 5.  Commissioner.  "Commissioner" means the commissioner of employment and economic development.

 

Subd. 6.  Employer.  "Employer" means a business enterprise that employs, for the purpose of customer service or back-office operations:

 

(1) 50 or more employees, excluding part-time employees; or

 

(2) 50 or more employees who, in the aggregate, work at least 1,500 hours per week, exclusive of hours of overtime.

 

Subd. 7.  Part-time employee.  "Part-time employee" means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than six of the 12 months preceding the date on which notice is required under section 116L.9763.

 

Subd. 8.  Relocating; relocation.  "Relocating" or "relocation" means the closure of a call center, the cessation of operations of a call center, or one or more facilities or operating units within a call center comprising at least 30 percent of the call center's or operating unit's total volume when measured against the previous 12-month average call volume of operations or substantially similar operations, to a location outside of the United States.

 

EFFECTIVE DATE.  This section is effective 180 days after final enactment

 

Sec. 10.  [116L.9763] CALL CENTER RELOCATIONS.

 

(a) An employer must notify the commissioner if it intends to relocate from Minnesota to a foreign country either of the following:

 

(1) a call center; or

 

(2) one or more facilities or operating units within a call center that comprise at least 30 percent of the call center's or operating unit's total volume when measured against the previous 12-month average call volume of operations or substantially similar operations.

 

(b) The notification required under paragraph (a) must be given at least 120 days before the relocation is to occur.

 

(c) An employer that violates paragraph (a) is subject to a civil penalty not to exceed $10,000 for each day of the violation, except that the commissioner may reduce the amount for just cause shown.

 

(d) The commissioner shall compile a semiannual list of all employers that relocate a call center, or one or more facilities or operating units within a call center comprising at least 30 percent of the call center's total volume of operations, from the United States to a foreign country, and distribute the list to all agencies.

 

EFFECTIVE DATE.  This section is effective 180 days after final enactment


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Sec. 11.  [116L.9764] GRANTS; LOANS; SUBSIDIES.

 

(a) Except as provided in paragraph (b) and notwithstanding any other provision of law, an employer that appears on the list prepared under section 116L.9763 shall be ineligible for any direct or indirect state grants or state guaranteed loans for five years after the date the employer is placed on the list.

 

(b) Except as provided in paragraph (c) and notwithstanding any other provision of law, an employer that appears on the list prepared under section 116L.9763 shall remit to the commissioner of management and budget the unamortized value of any grants, guaranteed loans, tax benefits, or other governmental support it has previously received.

 

(c) The commissioner of management and budget, in consultation with the commissioner of the agency providing or administering the public subsidy, may waive the ineligibility requirement under paragraph (a) if the employer applying for the loan or grant demonstrates that not having the loan or grant would threaten national security, result in substantial job loss in Minnesota, or harm the environment.

 

EFFECTIVE DATE.  This section is effective 180 days after final enactment

 

Sec. 12.  [116L.9765] PROCUREMENT.

 

The commissioner of each agency shall ensure that all state business related call center and customer service work be performed by state contractors or their agents or subcontractors entirely within Minnesota.  State contractors who currently perform work outside Minnesota shall have two years following the effective date of this act to comply with this section.  Any new call center or customer service employees hired by the contractor during the compliance period under this section must be employed in Minnesota.

 

EFFECTIVE DATE.  This section is effective 180 days after final enactment

 

Sec. 13.  [116L.9766] EMPLOYEE BENEFITS.

 

Nothing in sections 116L.9762 to 116L.9766 shall be construed to permit the withholding or denial of payments, compensation, or benefits under any other state law, including state unemployment compensation, disability payments, or worker retraining or readjustment funds, to employees of employers that relocate to a foreign country.

 

EFFECTIVE DATE.  This section is effective 180 days after final enactment

 

Sec. 14.  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


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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;

 

(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.


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(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.

 

(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;


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(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 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


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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 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.


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(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.

 

(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


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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.

 

(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.


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(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.

 

(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


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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.

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2017.

 

Sec. 15.  PLAN TO ADDRESS BARRIERS TO EMPLOYMENT.

 

The commissioner of employment and economic development must consult with the commissioners of health and human services and stakeholders in order to identify the barriers that people with mental illness face in obtaining employment and all current programs that assist people with mental illness in obtaining employment.  Stakeholders shall include people with mental illness and their families, mental health advocates, mental health providers, and employers.  The commissioner of employment and economic development shall submit a detailed plan to the legislative committees with jurisdiction over employment and human services before February 1, 2020, identifying the barriers to employment and making recommendations on how to best improve the employment rate among people with mental illness.

 

Sec. 16.  INNOVATIONS IN SPECIAL EDUCATION EMPLOYMENT (ISEE) PILOT PROJECT.

 

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

 

(b) "Commissioner" means the commissioner of employment and economic development.

 

(c) "Eligible provider" means an organization currently eligible to provide services through the extended employment program under Minnesota Statutes, section 268A.15.

 

(d) "Eligible student" means:

 

(1) a student receiving special instruction under Minnesota Statutes, section 125A.03, who has completed at least three years of high school; or

 

(2) an individual under the age of 25 who has graduated from secondary school after receiving special instruction under Minnesota Statutes, section 125A.03, but has not had competitive wage employment in an integrated community setting.

 

(e) "Pilot" means the innovations in special education employment (ISEE) pilot project established under this section.

 

Subd. 2.  Establishment.  The commissioner shall establish an innovations in special education employment (ISEE) pilot project designed to transition special education graduates into competitive wage employment in integrated community settings.

 

Subd. 3.  Services.  Eligible providers wishing to participate in the pilot must notify the commissioner, on a form designated by the commissioner, of the intent to provide an eligible student with one of the following services:

 

(1) comprehensive job preparation training that must provide an eligible student with at least 20 hours in a classroom setting, resume preparation, and assistance in establishing a bank account;


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(2) job shadowing experiences where eligible students can observe at least 30 hours of workplace activity for a job similar to one the eligible student might be hired for.  Eligible providers shall facilitate transportation to and from the workplace for the eligible student; and

 

(3) employment placement services to match eligible students with appropriate employment paying at least the minimum wage in an integrated community setting.  Eligible providers shall support such placements with training for the employer and the eligible student, both before and after hiring, to foster success.

 

Subd. 4.  Payments.  Eligible providers may apply to the commissioner, on a form designated by the commissioner, for the following payments for performance:

 

(1) $1,000 for each eligible student certified to have completed the services under subdivision 3, clause (1);

 

(2) $1,000 for each eligible student certified to have completed the services under subdivision 3, clause (2); and

 

(3) $3,000 for each eligible student certified to have completed 90 days of employment after receiving the services under subdivision 3, clause (3).

 

Subd. 5.  Forms.  By October 1, 2019, the commissioner must make available the forms necessary for eligible providers to participate in the pilot.  These must include:

 

(1) a form to notify the commissioner of the intent to provide an eligible student with a service under subdivision 3; and

 

(2) a form to certify to the commissioner that an eligible student from clause (1) was provided the service under subdivision 3, and to apply for payment for performance of that service under subdivision 4.

 

Sec. 17.  MINNESOTA INNOVATION COLLABORATIVE.

 

Subdivision 1.  Establishment.  The Minnesota Innovation Collaborative is established within the Business and Community Development Division of the Department of Employment and Economic Development to encourage and support the development of new private sector technologies and support the science and technology policies under Minnesota Statutes, section 3.222.  The Minnesota Innovation Collaborative must provide entrepreneurs and emerging technology-based companies business development assistance and financial assistance to spur growth.

 

Subd. 2.  Definitions.  (a) For purposes of this section, the terms defined in this subdivision have the meanings given.

 

(b) "Advisory board" means the board established under subdivision 11.

 

(c) "Commissioner" means the commissioner of employment and economic development.

 

(d) "Department" means the Department of Employment and Economic Development.

 

(e) "Entrepreneur" means a Minnesota resident who is involved in establishing a business entity and secures resources directed to its growth while bearing the risk of loss.

 

(f) "Greater Minnesota" means the area of Minnesota located outside of the metropolitan area as defined in section 473.121, subdivision 2.


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(g) "High technology" includes aerospace, agricultural processing, renewable energy, energy efficiency and conservation, environmental engineering, food technology, cellulosic ethanol, information technology, materials science technology, nanotechnology, telecommunications, biotechnology, medical device products, pharmaceuticals, diagnostics, biologicals, chemistry, veterinary science, and similar fields.

 

(h) "Institution of higher education" has the meaning given in Minnesota Statutes, section 136A.28, subdivision 6.

 

(i) "Minority group member" means a United States citizen who is Asian, Pacific Islander, Black, Hispanic, or Native American.

 

(j) "Minority-owned business" means a business for which one or more minority group members:

 

(1) own at least 50 percent of the business or, in the case of a publicly owned business, own at least 51 percent of the stock; and

 

(2) manage the business and control the daily business operations.

 

(k) "Research and development" means any activity that is: 

 

(1) a systematic, intensive study directed toward greater knowledge or understanding of the subject studies;

 

(2) a systematic study directed specifically toward applying new knowledge to meet a recognized need; or

 

(3) a systematic application of knowledge toward the production of useful materials, devices, systems and methods, including design, development and improvement of prototypes and new processes to meet specific requirements.

 

(l) "Start-up" means a business entity that has been in operation for less than ten years, has operations in Minnesota, and is in the development stage defined as devoting substantially all of its efforts to establishing a new business and either of the following conditions exists:

 

(1) planned principal operations have not commenced; or

 

(2) planned principal operations have commenced, but have generated less than $1,000,000 in revenue.

 

(m) "Technology-related assistance" means the application and utilization of technological-information and technologies to assist in the development and production of new technology-related products or services or to increase the productivity or otherwise enhance the production or delivery of existing products or services.

 

(n) "Trade association" means a nonprofit membership organization organized to promote businesses and business conditions and having an election under Internal Revenue Code section 501(c)(3) or 501(c)(6).

 

(o) "Women" means persons of the female gender.

 

(p) "Women-owned business" means a business for which one or more women:

 

(1) own at least 50 percent of the business or, in the case of a publicly owned business, own at least 51 percent of the stock; and

 

(2) manage the business and control the daily business operations.


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Subd. 3.  Duties.  The Minnesota Innovation Collaborative shall:

 

(1) support innovation and initiatives designed to accelerate the growth of high-technology start-ups in Minnesota;

 

(2) offer classes and instructional sessions on how to start a high-tech and innovative start-up;

 

(3) promote activities for entrepreneurs and investors regarding the state's growing innovation economy;

 

(4) hold events and meetings that gather key stakeholders in the state's innovation sector;

 

(5) conduct outreach and education on innovation activities and related financial programs available from the department and other organizations, particularly for underserved communities;

 

(6) interact and collaborate with statewide partners including but not limited to businesses, nonprofits, trade associations, and higher education institutions;

 

(7) administer an advisory board to assist with direction, grant application review, program evaluation, report development, and partnerships;

 

(8) commission research in partnership with the University of Minnesota and Minnesota State Colleges and Universities to study innovation and its impacts on the state's economy with emphasis on the state's labor market;

 

(9) accept grant applications under subdivisions 5 and 6 and work with the advisory board to evaluate the applications and provide funding recommendations to the commissioner; and

 

(10) perform other duties at the commissioner's discretion.

 

Subd. 4.  Administration.  (a) The department shall employ an executive director in the unclassified service.  The executive director shall:

 

(1) hire no more than two staff;

 

(2) assist the commissioner and the advisory board in performing the duties of the Minnesota Innovation Collaborative; and

 

(3) comply with all state and federal program requirements, and all state and federal securities and tax laws and regulations.

 

(b) To the extent possible, the space that the Minnesota Innovation Collaborative shall occupy and lease must be a private coworking facility that includes office space for staff and space for community engagement for training entrepreneurs.  The space leased under this paragraph is exempt from the requirements in Minnesota Statutes, section 16B.24, subdivision 6.

 

(c) Except for grants under subdivision 7, the Minnesota Innovation Collaborative must accept grant applications under this section and provide funding recommendations to the commissioner, who shall distribute grants based in part on the recommendations.

 

Subd. 5.  Application process.  (a) The commissioner shall establish the application form and procedures for innovation grants.


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(b) Upon receiving recommendations from the Minnesota Innovation Collaborative under subdivision 4, paragraph (c), the department is responsible for evaluating all applications using evaluation criteria developed by the Minnesota Innovation Collaborative, the advisory board, and the commissioner.  Priority shall be given if the applicant is:

 

(1) a business or entrepreneur located in greater Minnesota; or

 

(2) a business owner or entrepreneur who is a woman or minority group member.

 

(c) The department staff, and not the Minnesota Innovation Collaborative staff, is responsible for awarding funding, disbursing funds, and monitoring grantee performance for all grants awarded under this section.

 

(d) Grantees must provide matching funds by equal expenditures and grant payments must be provided on a reimbursement basis after review of submitted receipts by the department.

 

(e) Grant applications must be accepted on a regular periodic basis by the Minnesota Innovation Collaborative and must be reviewed by the collaborative and the advisory board before being submitted to the commissioner with their recommendations.

 

Subd. 6.  Innovation grants.  (a) The commissioner shall distribute innovation grants under this subdivision.

 

(b) The commissioner shall provide a grant of up to $50,000 to an eligible business or entrepreneur for research and development expenses.  Research and development expenditures may be related but not limited to proof of concept activities, intellectual property protection, prototype designs and production, and commercial feasibility.  Expenditures funded under this subdivision are not eligible for the research and development tax credit under Minnesota Statutes, section 290.068.  Each business or entrepreneur may receive only one grant under this paragraph.

 

(c) The commissioner shall provide a grant of up to $25,000 to an eligible start-up or entrepreneur for direct business expenses including but not limited to rent, equipment purchases, supplier invoices, and staffing.  Taxes imposed by the federal, state, or local government entities may be not be reimbursed under this paragraph.  Each start-up or entrepreneur may receive only one grant under this paragraph.

 

(d) The commissioner shall provide a grant of up to $7,500 to reimburse an entrepreneur for health care, housing, or child care expenses for the entrepreneur, spouse, or children 26 years of age or younger.  Each entrepreneur may receive only one grant under this paragraph.

 

(e) The commissioner shall provide a grant of up to $50,000 to an eligible business or entrepreneur that, as a registered client of the Small Business Innovation Research (SBIR) program, has been awarded a Phase 2 award pursuant to the SBIR or Small Business Technology Transfer (STTR) programs after July 1, 2019.  Each business or entrepreneur may receive only one grant under this paragraph.  Grants under this paragraph are not subject to the requirements of subdivision 2, paragraph (l), and are awarded without the review or recommendation of the Minnesota Innovation Collaborative.

 

(f) The commissioner shall provide a grant of up to $25,000 to provide financing to start-ups to purchase technical assistance and services from public higher education institutions and nonprofit entities to assist in the development or commercialization of innovative new products or services.

 

Subd. 7.  Entrepreneur education grants.  (a) The commissioner shall make entrepreneur education grants to institutions of higher education and other organizations to provide educational programming to entrepreneurs and provide outreach to and collaboration with businesses, federal and state agencies, institutions of higher education, trade associations, and other organizations working to advance innovative, high technology businesses throughout Minnesota. 


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(b) Applications for entrepreneur education grants under this subdivision must be submitted to the commissioner and evaluated by department staff other than the Minnesota Innovation Collaborative.  The evaluation criteria must be developed by the Minnesota Innovation Collaborative, the advisory board, and the commissioner with priority given to an applicant who demonstrates activity assisting businesses or entrepreneurs residing in greater Minnesota or who are women or minority group members.

 

(c) Department staff other than the Minnesota Innovation Collaborative staff is responsible for awarding funding, disbursing funds, and monitoring grantee performance under this subdivision.

 

(d) Grantees may use the grant funds to deliver the following services: 

 

(1) development and delivery to high technology businesses of industry specific or innovative product or process specific counseling on issues of business formation, market structure, market research and strategies, securing first mover advantage or overcoming barriers to entry, protecting intellectual property, and securing debt or equity capital.  This counseling is to be delivered in a classroom setting or using distance media presentations;

 

(2) outreach and education to businesses and organizations on the small business investment tax credit program under Minnesota Statutes, section 116J.8737, the MNvest crowd-funding program under Minnesota Statutes, section 80A.461, and other state programs that support high technology business creation especially in underserved communities;

 

(3) collaboration with institutions of higher education, local organizations, federal and state agencies, the Small Business Development Center, and the Small Business Assistance Office to create and offer educational programming and ongoing counseling in greater Minnesota that is consistent with those services offered in the metropolitan area; and

 

(4) events and meetings with other innovation-related organizations to inform entrepreneurs and potential investors about Minnesota's growing information economy.

 

Subd. 8.  Report.  The Minnesota Innovation Collaborative shall report by February 1, 2020, and again on February 1, 2021, to the chairs and ranking minority members of the committees of the house of representatives and senate having jurisdiction over economic development policy and finance issues on the work completed, including awards made by the department under this section.

 

Subd. 9.  Advisory board.  (a) The commissioner shall establish an advisory board to advise the executive director regarding the activities of the Minnesota Innovation Collaborative and to perform the recommendations described in this section. 

 

(b) The advisory board shall consist of ten members and is governed by Minnesota Statutes, section 15.059.  A minimum of six members must be from the private sector representing business and at least two members but no more than four members from government and higher education.  Appointees shall represent a range of interests, including entrepreneurs, large businesses, industry organizations, investors, and both public and private small business service providers.

 

(c) The advisory board shall select a chair from its private sector members.  The executive director shall provide administrative support to the committee. 

 

Sec. 18.  CHILD CARE ECONOMIC DEVELOPMENT GRANT PROGRAM.

 

Subdivision 1.  Establishment.  A grant program is established under the Department of Employment and Economic Development to award grants to eligible local communities to increase the availability of child care in order to reduce the child care shortage in the community, and support increased workforce participation, business expansion and retention, and new business location.


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Subd. 2.  Definitions.  For the purposes of this section, the following terms have the meanings given them:

 

(1) "commissioner" means the commissioner of employment and economic development;

 

(2) "child care" has the meaning given in section 119B.011;

 

(3) "political subdivision" means a county, statutory or home rule charter city, or school district; and

 

(4) "Indian tribe" means one of the federally recognized Minnesota tribes listed in section 3.922, subdivision 1, clause (1).

 

Subd. 3.  Eligible expenditures.  The commissioner may make grants under this section 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.

 

Subd. 4.  Eligible applicants.  Eligible applicants for grants awarded under this section include:

 

(1) a political subdivision;

 

(2) an Indian tribe;

 

(3) a Minnesota nonprofit organization organized under chapter 317 having experience in one or more of the following:  the operation of, planning for, financing of, advocacy for, or advancement of the delivery of child care services in a defined service area spanning the boundaries of one or more political subdivisions.

 

Subd. 5.  Application process.  (a) An eligible applicant must submit an application to the commissioner on a form prescribed by the commissioner.  The commissioner shall develop procedures governing the application and grant award process.  The commissioner shall act as fiscal agent for the grant program and shall be responsible for receiving and reviewing grant applications and awarding grants under this section. 

 

(b) At least 30 days prior to the first day applications may be submitted each fiscal year, the commissioner must publish on the department's website the specific criteria and any quantitative weighting scheme or scoring system the commissioner will use to evaluate or rank applications and award grants under subdivision 6.

 

Subd. 6.  Application contents.  An applicant for a grant under this section shall provide the following information on the application:

 

(1) the service area of the project;

 

(2) the project budget;

 

(3) evidence of the child care shortage in the community in which the project is to be located;

 

(4) the number of licensed child care slots that will be created as a result of the project;

 

(5) the number of families with children under age six that will have access to child care as a result of the project;

 

(6) community employers and businesses that will benefit from the proposed project;


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(7) evidence of community support for the project;

 

(8) the total cost of the project;

 

(9) sources of funding or in-kind contributions for the project that will supplement any grant award; and

 

(10) any additional information requested by the commissioner.

 

Subd. 7.  Awarding grants.  (a) In evaluating applications and awarding grants, the commissioner may give priority to applications that:

 

(1) are in areas that have a documented shortage of affordable quality child care;

 

(2) demonstrate programmatic or financial collaborations and partnering among private sector employers, public and nonprofit organizations within geographic areas;

 

(3) serve areas of the state experiencing worker shortages, low prime age workforce participation rates, or prime age worker population loss that is significantly greater than the statewide average;

 

(4) provide evidence of strong support for the project from citizens, government, businesses, and institutions in the community;

 

(5) leverage greater amounts of funding for the project from private and nonstate public sources.

 

(b) The commissioner shall endeavor to award grants under this section to qualified applicants in all regions of the state.

 

Subd. 8.  Limitation.  (a) No grant awarded under this section may fund more than 50 percent of the total cost of a project.

 

(b) Grants awarded to a single project under this section must not exceed $100,000.

 

Sec. 19.  COMMUNITY PROSPERITY GRANT PROGRAM.

 

Subdivision 1.  Establishment; purpose.  The community prosperity grant program is established to provide grants to public or 501(c)(3) nonprofit entities to implement innovative economic development projects that will support economic growth in their community.

 

Subd. 2.  Definitions.  For the purposes of this section, the following terms have the meanings given them:

 

(1) "economic development" means activities, services, investments, and infrastructure that support the economic success of individuals, businesses, and communities by facilitating an economic environment that produces net new jobs;

 

(2) "innovative project" means the provision of a public service or good that was absent in the community or of insufficient quantity or quality;

 

(3) "local governmental unit" means a county, city, town, special district, public higher education institution, or other political subdivision or public corporation; and

 

(4) "community" means any geographic area defined by one or more census tracts.


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Subd. 3.  Community prosperity grants.  The commissioner of employment and economic development shall:

 

(1) develop and implement a community prosperity grant program that will provide matching grants up to 85 percent of total project cost up to $100,000 to implement innovative economic development projects that will induce economic growth in their community;

 

(2) develop a request for proposals;

 

(3) review responses to requests for proposals and award grants under this section;

 

(4) establish a transparent and objective accountability process focused on outcomes that grantees agree to achieve; and

 

(5) maintain data on outcomes reported by grantees.

 

Subd. 4.  Eligible grantees.  Organizations eligible to receive grant funding under this section include:

 

(1) local government units; and

 

(2) nonprofit 501(c)(3) organizations that have established partnerships with one or more local government units to implement economic development projects or activities.

 

Subd. 5.  Priority of proposals; grant awards.  The commissioner shall prioritize the award of grants to proposals that demonstrate that the project:

 

(1) will serve communities with a population of 5,000 or less;

 

(2) will support community groups or neighborhood organizations within one of the 128 federally designated opportunity zones;

 

(3) will support the economic success of individuals, businesses, and communities by facilitating an economic environment that produces net new jobs;

 

(4) will provide public services or goods that was absent in the community or of insufficient quantity or quality;

 

(5) serves a defined geographic area; racial, ethnic, or minority community; or American Indian community experiencing any the following:  below state average wages, above state average unemployment rate, or below state average labor force participation rate;

 

(6) will be sustainable or continue to have impact beyond the one-time funding from this program;

 

(7) will be successfully implemented based on the qualifications of the lead organization; and

 

(8) will serve two or more local government units.

 

Subd. 6.  Geographic distribution of grants.  The commissioner shall ensure that a minimum of 50 percent of grants are awarded to communities outside the seven-county metropolitan area.

 

Subd. 7.  Report.  Grantees must report grant program outcomes to the commissioner on the forms and according to the timelines established by the commissioner.


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Sec. 20.  ONETIME EXCEPTION TO RESTRICTIONS ON USE OF MINNESOTA INVESTMENT FUND LOCAL GOVERNMENT LOAN REPAYMENT FUNDS.

 

(a) Notwithstanding Minnesota Statutes, section 116J.8731, a home rule charter or statutory city, county, or town that has uncommitted money received from repayment of funds awarded under Minnesota Statutes, section 116J.8731, may choose to transfer 20 percent of the balance of that money to the state general fund before June 30, 2020.  Any local entity that does so may then use the remaining 80 percent of the uncommitted money as a general purpose aid for any lawful expenditure.

 

(b) By February 15, 2021, a home rule charter or statutory city, county, or town that exercises the option under paragraph (a) shall submit to the chairs and ranking minority members of the legislative committees with jurisdiction over economic development policy and finance an accounting and explanation of the use and distribution of the funds.

 

ARTICLE 5

WAGE THEFT

 

Section 1.  Minnesota Statutes 2018, section 16C.285, subdivision 3, is amended to read:

 

Subd. 3.  Minimum criteria.  "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria:

 

(1) the contractor:

 

(i) is in compliance with workers' compensation and unemployment insurance requirements;

 

(ii) is in compliance with Department of Revenue and Department of Employment and Economic Development registration requirements if it has employees;

 

(iii) has a valid federal tax identification number or a valid Social Security number if an individual; and

 

(iv) has filed a certificate of authority to transact business in Minnesota with the secretary of state if a foreign corporation or cooperative;

 

(2) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.03, 181.101, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148.  For purposes of this clause, a violation occurs when a contractor or related entity:

 

(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period, provided that a failure to pay is "repeated" only if it involves two or more separate and distinct occurrences of underpayment during the three-year period;

 

(ii) has been issued an order to comply by the commissioner of labor and industry that has become final;

 

(iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees;

 

(iv) has been found by the commissioner of labor and industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27;


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(v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or

 

(vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction; or

 

(vii) has been convicted of a violation of section 609.52, subdivision 2, clause (19).

 

Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;

 

(3) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B.  For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;

 

(4) the contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;

 

(5) the contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;

 

(6) the contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and

 

(7) all subcontractors and motor carriers that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6).

 

Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria.

 

Sec. 2.  Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:

 

Subd. 1a.  Authority to investigate.  To carry out the purposes of this chapter and chapters 181, 181A, and 184, and utilizing the enforcement authority of section 175.20, the commissioner is authorized to enter the places of business and employment of any employer in the state to investigate wages, hours, and other conditions and practices of work, collect evidence, and conduct interviews.  The commissioner is authorized to enter the places of business and employment during working hours and without delay.  The commissioner may use investigation methods that include but are not limited to examination, surveillance, transcription, copying, scanning, photographing, audio or video recording, testing, and sampling along with taking custody of evidence.  Evidence that may be collected includes but is not limited to documents, records, books, registers, payrolls, electronically and digitally stored information, machinery, equipment, tools, and other tangible items that in any way relate to wages,


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hours, and other conditions and practices of work.  The commissioner may privately interview any individual, including owners, employers, operators, agents, workers, and other individuals who may have knowledge of the conditions and practices of work under investigation.

 

Sec. 3.  Minnesota Statutes 2018, section 177.27, subdivision 2, is amended to read:

 

Subd. 2.  Submission of records; penalty.  The commissioner may require the employer of employees working in the state to submit to the commissioner photocopies, certified copies, or, if necessary, the originals of employment records which the commissioner deems necessary or appropriate.  The records which may be required include full and correct statements in writing, including sworn statements by the employer, containing information relating to wages, hours, names, addresses, and any other information pertaining to the employer's employees and the conditions of their employment as the commissioner deems necessary or appropriate.

 

The commissioner may require the records to be submitted by certified mail delivery or, if necessary, by personal delivery by the employer or a representative of the employer, as authorized by the employer in writing.

 

The commissioner may fine the employer up to $1,000 for each failure to submit or deliver records as required by this section, and up to $10,000 for each repeated failure.  This penalty is in addition to any penalties provided under section 177.32, subdivision 1.  In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered.

 

Sec. 4.  Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:

 

Subd. 11.  Subpoenas.  In order to carry out the purposes of this chapter and chapter 181, 181A, or 184, the commissioner may issue subpoenas to compel persons to appear before the commissioner to give testimony and produce and permit inspection, copying, testing, or sampling of documents, electronically stored information, tangible items, or other items in the possession, custody, or control of that person that are deemed necessary or appropriate by the commissioner.  A subpoena may specify the form or format in which electronically stored information is to be produced.  Upon the application of the commissioner, a district court shall treat the failure of any person to obey a subpoena lawfully issued by the commissioner under this subdivision as a contempt of court.

 

Sec. 5.  Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:

 

Subd. 12.  Court orders for entrance and inspection.  To carry out the purposes of this chapter and chapters 181, 181A, and 184, and utilizing the enforcement authority of section 175.20, the commissioner is authorized to enter places of business and employment of any employer in the state to investigate wages, hours, and other conditions and practices of work, collect evidence, and conduct interviews.  The commissioner is authorized to enter the places of business and employment during working hours and without delay.  Upon the anticipated refusal based on a refusal to permit entrance on a prior occasion or actual refusal of an employer, owner, operator, or agent in charge of an employer's place of business or employment, the commissioner may apply for an order in the district court in the county in which the place of business or employment is located, to compel an employer, owner, operator, or agent in charge of the place of business or employment to permit the commissioner entry to investigate wages, hours, and other conditions and practices of work, collect evidence, and interview witnesses.

 

Sec. 6.  Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:

 

Subd. 13.  State licensing or regulatory power.  In the case of an employer which is subject to the licensing or regulatory power of the state or any political subdivision or agency thereof, if the commissioner issues an order to comply under subdivision 4, the commissioner may provide the licensing or regulatory agency a copy of the order to comply.  Unless the order to comply is reversed in the course of administrative or judicial review, the order to


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comply is binding on the agency and the agency may take appropriate action, including action related to the eligibility, renewal, suspension, or revocation of a license or certificate of public convenience and necessity if the agency is otherwise authorized to take such action.

 

Sec. 7.  Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:

 

Subd. 14.  Public contracts.  In the case of an employer that is a party to a public contract, if the commissioner issues an order to comply under subdivision 4, the commissioner may provide a copy of the order to comply to the contract letting agency.  Unless the order to comply is reversed in the course of administrative or judicial review, an order to comply is binding on the contract letting agency and the agency may take appropriate administrative action, including the imposition of financial penalties and eligibility for, termination or nonrenewal of a contract, in whole or in part, if the agency is otherwise authorized to take the action.

 

Sec. 8.  Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:

 

Subd. 15.  Notice to employees of compliance orders and citations.  In a compliance order or citation issued under this chapter and chapters 181, 181A, and 184, the commissioner may require that the provisions of a compliance order or citation setting out the violations found by the commissioner and any subsequent document setting out the resolution of the compliance order or citation through settlement agreement or other final disposition, upon receipt by the employer, be made available for review by the employees of the employer using the means the employer uses to provide other work-related notices to the employer's employees.  The means used by the employer must be at least as effective as the following options for providing notice:  (1) posting a copy of the compliance order or citation at each location where employees perform work and where the notice must be readily observed and easily reviewed by all employees performing work; or (2) providing a paper or electronic copy of the compliance order or citation to employees.  Each citation and proposed penalty shall be posted or made available to employees for a minimum period of 20 days.  Upon issuance of a compliance order or citation to an employer, the commissioner may also provide the provisions of the compliance order or citation setting out the violations found by the commissioner and any resolution of a compliance order or citation through settlement agreement or other final disposition to the employer's employees who may be affected by the order or citation and how the order or citation and resolution may affect their interests.

 

Sec. 9.  Minnesota Statutes 2018, section 177.30, is amended to read:

 

177.30 KEEPING RECORDS; PENALTY.

 

(a) Every employer subject to sections 177.21 to 177.44 must make and keep a record of:

 

(1) the name, address, and occupation of each employee;

 

(2) the rate of pay, and the amount paid each pay period to each employee, including whether each employee is paid by the hour, shift, day, week, salary, piece, commission, or other;

 

(3) the hours worked each day and each workweek by the employee, including for all employees paid at piece rate, the number of pieces completed at each piece rate;

 

(4) any personnel policies provided to employees;

 

(5) a copy of the notice provided to each employee as required by section 181.032, paragraph (d);

 

(6) for each employer subject to sections 177.41 to 177.44, and while performing work on public works projects funded in whole or in part with state funds, the employer shall furnish under oath signed by an owner or officer of an employer to the contracting authority and the project owner every two weeks, a certified payroll report with respect


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to the wages and benefits paid each employee during the preceding weeks specifying for each employee:  name; identifying number; prevailing wage master job classification; hours worked each day; total hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net pay for week; dollars contributed per hour for each benefit, including name and address of administrator; benefit account number; and telephone number for health and welfare, vacation or holiday, apprenticeship training, pension, and other benefit programs; and

 

(5) (7) other information the commissioner finds necessary and appropriate to enforce sections 177.21 to 177.435.  The records must be kept for three years in or near the premises where an employee works except each employer subject to sections 177.41 to 177.44, and while performing work on public works projects funded in whole or in part with state funds, the records must be kept for three years after the contracting authority has made final payment on the public works project.

 

(b) All records required to be kept under paragraph (a) must be readily available for inspection by the commissioner upon demand.  The records must be either kept at the place where employees are working or kept in a manner that allows the employer to comply with this paragraph within 24 hours.

 

(c) The commissioner may fine an employer up to $1,000 for each failure to maintain records as required by this section, and up to $10,000 for each repeated failure.  This penalty is in addition to any penalties provided under section 177.32, subdivision 1.  In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered.

 

(d) If the records maintained by the employer do not provide sufficient information to determine the exact amount of back wages due an employee, the commissioner may make a determination of wages due based on available evidence.

 

Sec. 10.  Minnesota Statutes 2018, section 177.32, subdivision 1, is amended to read:

 

Subdivision 1.  Misdemeanors.  (a) An employer who does any of the following is guilty of a misdemeanor:

 

(1) hinders or delays the commissioner in the performance of duties required under sections 177.21 to 177.435, or chapter 181;

 

(2) refuses to admit the commissioner to the place of business or employment of the employer, as required by section 177.27, subdivision 1;

 

(3) repeatedly fails to make, keep, and preserve records as required by section 177.30;

 

(4) falsifies any record;

 

(5) refuses to make any record available, or to furnish a sworn statement of the record or any other information as required by section 177.27;

 

(6) repeatedly fails to post a summary of sections 177.21 to 177.44 or a copy or summary of the applicable rules as required by section 177.31;

 

(7) pays or agrees to pay wages at a rate less than the rate required under sections 177.21 to 177.44, or described and provided by an employer to its employees under section 181.032;

 

(8) refuses to allow adequate time from work as required by section 177.253; or


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(9) otherwise violates any provision of sections 177.21 to 177.44, or commits wage theft as described in section 181.03, subdivision 1.

 

Intent is not an element of a misdemeanor under this paragraph.

 

(b) An employer is guilty of a gross misdemeanor if the employer is found to have intentionally retaliated against an employee for asserting rights or remedies under sections 177.21 to 177.44 or section 181.03.

 

Sec. 11.  [177.45] ENFORCEMENT; REMEDIES.

 

Subdivision 1.  Public enforcement.  In addition to the enforcement of this chapter by the department, the attorney general may enforce this chapter under section 8.31.

 

Subd. 2.  Remedies cumulative.  The remedies provided in this chapter are cumulative and do not restrict any remedy that is otherwise available, including remedies provided under section 8.31.  The remedies available under this section are not exclusive and are in addition to any other requirements, rights, remedies, and penalties provided by law.

 

Sec. 12.  Minnesota Statutes 2018, section 181.03, subdivision 1, is amended to read:

 

Subdivision 1.  Prohibited practices.  An employer may not, directly or indirectly and with intent to defraud:  (a) No employer shall commit wage theft.

 

(b) For purposes of this section, wage theft is committed if:

 

(1) cause an employer has failed to pay an employee all wages, salary, gratuities, earnings, or commissions at the employee's rate or rates of pay or at the rate or rates required by law, including any applicable statute, regulation, rule, ordinance, government resolution or policy, contract, or other legal authority, whichever rate of pay is greater;

 

(2) an employer directly or indirectly causes any employee to give a receipt for wages for a greater amount than that actually paid to the employee for services rendered;

 

(2) (3) an employer directly or indirectly demand demands or receive receives from any employee any rebate or refund from the wages owed the employee under contract of employment with the employer; or

 

(3) (4) an employer in any manner make makes or attempt attempts to make it appear that the wages paid to any employee were greater than the amount actually paid to the employee.

 

Sec. 13.  Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:

 

Subd. 4.  Enforcement.  The use of an enforcement provision in this section shall not preclude the use of any other enforcement provision provided by law.

 

Sec. 14.  Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:

 

Subd. 5.  Citations.  (a) In addition to other remedies and penalties provided by this chapter and chapter 177, the commissioner may issue a citation for a civil penalty of up to $1,000 for any wage theft of up to $1,000 by serving the citation on the employer.  The citation may direct the employer to pay employees in a manner prescribed by the commissioner any wages, salary, gratuities, earnings, or commissions owed to the employee within 15 days of service of the citation on the employer.  The commissioner shall serve the citation upon the employer or the


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employer's authorized representative in person or by certified mail at the employer's place of business or registered office address with the secretary of state.  The citation shall require the employer to correct the violation and cease and desist from committing the violation.

 

(b) In determining the amount of the civil penalty, the commissioner shall consider the size of the employer's business and the gravity of the violation as provided in section 14.045, subdivision 3, paragraph (a).  If the citation includes a penalty assessment, the penalty is due and payable on the date the citation becomes final.  The commissioner may vacate the citation if the employer pays the amount of wages, salaries, commissions, earnings, and gratuities due in the citation within five days after the citation is served on the employer.

 

Sec. 15.  Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:

 

Subd. 6.  Administrative review.  Within 15 days after the commissioner of labor and industry issues a citation under subdivision 5, the employer to whom the citation is issued may request an expedited hearing to review the citation.  The request for hearing must be in writing and must be served on the commissioner at the address specified in the citation.  If the employer does not request a hearing or if the employer's written request for hearing is not served on the commissioner by the 15th day after the commissioner issues the citation, the citation becomes a final order of the commissioner and is not subject to review by any court or agency.  The hearing request must state the reasons for seeking review of the citation.  The employer to whom the citation is issued and the commissioner are the parties to the expedited hearing.  The commissioner must notify the employer to whom the citation is issued of the time and place of the hearing at least 15 days before the hearing.  The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this section.  If a hearing has been held, the commissioner shall not issue a final order until at least five days after the date of the administrative law judge's report.  Any person aggrieved by the administrative law judge's report may, within those five days, serve written comments to the commissioner on the report and the commissioner shall consider and enter the comments in the record.  The commissioner's final order shall comply with sections 14.61, subdivision 2, and 14.62, subdivisions 1 and 2a, and may be appealed in the manner provided in sections 14.63 to 14.69.

 

Sec. 16.  Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:

 

Subd. 7.  Effect on other laws.  Nothing in this section shall be construed to limit the application of other state or federal laws.

 

Sec. 17.  Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:

 

Subd. 8.  Retaliation.  An employer must not retaliate against an employee for asserting rights or remedies under this section, including but not limited to filing a complaint with the Department of Labor and Industry or telling the employer of intention to file a complaint.  A rebuttable presumption of unlawful retaliation under this section exists whenever an employer takes adverse action against an employee within 90 days of the employee asserting rights or remedies under this section.

 

Sec. 18.  Minnesota Statutes 2018, section 181.032, is amended to read:

 

181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER; NOTICE TO EMPLOYEE.

 

(a) At the end of each pay period, the employer shall provide each employee an earnings statement, either in writing or by electronic means, covering that pay period.  An employer who chooses to provide an earnings statement by electronic means must provide employee access to an employer-owned computer during an employee's regular working hours to review and print earnings statements.


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(b) The earnings statement may be in any form determined by the employer but must include:

 

(1) the name of the employee;

 

(2) the hourly rate or rates of pay (if applicable) and basis thereof, including whether the employee is paid by hour, shift, day, week, salary, piece, commission, or other method;

 

(3) allowances, if any, claimed pursuant to permitted meals and lodging;

 

(4) the total number of hours worked by the employee unless exempt from chapter 177;

 

(4) (5) the total amount of gross pay earned by the employee during that period;

 

(5) (6) a list of deductions made from the employee's pay;

 

(6) (7) the net amount of pay after all deductions are made;

 

(7) (8) the date on which the pay period ends; and

 

(8) (9) the legal name of the employer and the operating name of the employer if different from the legal name.;

 

(10) the physical address of the employer's main office or principal place of business, and a mailing address if different; and

 

(11) the telephone number of the employer.

 

(c) An employer must provide earnings statements to an employee in writing, rather than by electronic means, if the employer has received at least 24 hours notice from an employee that the employee would like to receive earnings statements in written form.  Once an employer has received notice from an employee that the employee would like to receive earnings statements in written form, the employer must comply with that request on an ongoing basis.

 

(d) At the start of employment, an employer shall provide each employee a written notice containing the following information:

 

(1) the rate or rates of pay and basis thereof, including whether the employee is paid by the hour, shift, day, week, salary, piece, commission, or other method, and the specific application of any additional rates;

 

(2) allowances, if any, claimed pursuant to permitted meals and lodging;

 

(3) paid vacation, sick time, or other paid time off accruals and terms of use;

 

(4) the employee's employment status and whether the employee is exempt from minimum wage, overtime, and other provisions of chapter 177, and on what basis;

 

(5) a list of deductions that may be made from the employee's pay;

 

(6) the dates on which the pay periods start and end and the regularly scheduled payday;

 

(7) the legal name of the employer and the operating name of the employer if different from the legal name;


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(8) the physical address of the employer's main office or principal place of business, and a mailing address if different; and

 

(9) the telephone number of the employer.

 

(e) The employer must keep a copy of the notice under paragraph (d) signed by each employee acknowledging receipt of the notice.  The notice must be provided to each employee in English and in the employee's native language.

 

(f) An employer must provide the employee any written changes to the information contained in the notice under paragraph (d) at least seven calendar days prior to the time the changes take effect.  The changes must be signed by the employee before the changes go into effect.  The employer must keep a signed copy of all notice of changes as well as the initial notices under paragraph (d).

 

Sec. 19.  Minnesota Statutes 2018, section 181.101, is amended to read:

 

181.101 WAGES; HOW OFTEN PAID.

 

(a) Except as provided in paragraph (b), every employer must pay all wages earned by an employee at least once every 31 16 days on a regular payday designated in advance by the employer regardless of whether the employee requests payment at longer intervals.  Unless paid earlier, the wages earned during the first half of the first 31-day pay period become due on the first regular payday following the first day of work.  An employer's pay period must be no longer than 16 days.  All wages earned in a pay period must be paid to an employee within 16 days of the end of that pay period.  If wages earned are not paid, the commissioner of labor and industry or the commissioner's representative may serve a demand for payment on behalf of an employee.  If payment is not made within ten five days of service of the demand, the commissioner may charge and collect the wages earned and a penalty liquidated damages in the amount of the employee's average daily earnings at the employee's rate agreed upon in the contract of employment or rates of pay or at the rate or rates required by law, including any applicable statute, regulation, rule, ordinance, government resolution or policy, contract, or other legal authority, whichever rate of pay is greater, not exceeding 15 days in all, for each day beyond the ten-day five-day limit following the demand.  Money collected by the commissioner must be paid to the employee concerned.  This section does not prevent an employee from prosecuting a claim for wages.  This section does not prevent a school district, other public school entity, or other school, as defined under section 120A.22, from paying any wages earned by its employees during a school year on regular paydays in the manner provided by an applicable contract or collective bargaining agreement, or a personnel policy adopted by the governing board.  For purposes of this section, "employee" includes a person who performs agricultural labor as defined in section 181.85, subdivision 2.  For purposes of this section, wages are earned on the day an employee works.

 

(b) An employer of a volunteer firefighter, as defined in section 424A.001, subdivision 10, a member of an organized first responder squad that is formally recognized by a political subdivision in the state, or a volunteer ambulance driver or attendant must pay all wages earned by the volunteer firefighter, first responder, or volunteer ambulance driver or attendant at least once every 31 days, unless the employer and the employee mutually agree upon payment at longer intervals.

 

Sec. 20.  [181.1721] ENFORCEMENT; REMEDIES.

 

Subdivision 1.  Public enforcement.  In addition to the enforcement of this chapter by the department, the attorney general may enforce this chapter under section 8.31.

 

Subd. 2.  Remedies cumulative.  The remedies provided in this chapter are cumulative and do not restrict any remedy that is otherwise available, including remedies provided under section 8.31.  The remedies available under this section are not exclusive and are in addition to any other requirements, rights, remedies, and penalties provided by law.


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Sec. 21.  Minnesota Statutes 2018, section 609.52, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  In this section:

 

(1) "Property" means all forms of tangible property, whether real or personal, without limitation including documents of value, electricity, gas, water, corpses, domestic animals, dogs, pets, fowl, and heat supplied by pipe or conduit by municipalities or public utility companies and articles, as defined in clause (4), representing trade secrets, which articles shall be deemed for the purposes of Extra Session Laws 1967, chapter 15 to include any trade secret represented by the article.

 

(2) "Movable property" is property whose physical location can be changed, including without limitation things growing on, affixed to, or found in land.

 

(3) "Value" means the retail market value at the time of the theft, or if the retail market value cannot be ascertained, the cost of replacement of the property within a reasonable time after the theft, or in the case of a theft or the making of a copy of an article representing a trade secret, where the retail market value or replacement cost cannot be ascertained, any reasonable value representing the damage to the owner which the owner has suffered by reason of losing an advantage over those who do not know of or use the trade secret.  For a check, draft, or other order for the payment of money, "value" means the amount of money promised or ordered to be paid under the terms of the check, draft, or other order.  For a theft committed within the meaning of subdivision 2, clause (5), items (i) and (ii), if the property has been restored to the owner, "value" means the value of the use of the property or the damage which it sustained, whichever is greater, while the owner was deprived of its possession, but not exceeding the value otherwise provided herein.  For a theft committed within the meaning of subdivision 2, clause (9), if the property has been restored to the owner, "value" means the rental value of the property, determined at the rental rate contracted by the defendant or, if no rental rate was contracted, the rental rate customarily charged by the owner for use of the property, plus any damage that occurred to the property while the owner was deprived of its possession, but not exceeding the total retail value of the property at the time of rental.  For a theft committed within the meaning of subdivision 2, clause (19), "value" means the difference between wages legally required to be reported or paid to an employee and the amount actually reported or paid to the employee.

 

(4) "Article" means any object, material, device or substance, including any writing, record, recording, drawing, sample specimen, prototype, model, photograph, microorganism, blueprint or map, or any copy of any of the foregoing.

 

(5) "Representing" means describing, depicting, containing, constituting, reflecting or recording.

 

(6) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

 

(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and

 

(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

 

(7) "Copy" means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing, or sketch made of or from an article while in the presence of the article.

 

(8) "Property of another" includes property in which the actor is co-owner or has a lien, pledge, bailment, or lease or other subordinate interest, property transferred by the actor in circumstances which are known to the actor and which make the transfer fraudulent as defined in section 513.44, property possessed pursuant to a short-term


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rental contract, and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife.  It does not include property in which the actor asserts in good faith a claim as a collection fee or commission out of property or funds recovered, or by virtue of a lien, setoff, or counterclaim.

 

(9) "Services" include but are not limited to labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment services, advertising services, telecommunication services, and the supplying of equipment for use including rental of personal property or equipment.

 

(10) "Motor vehicle" means a self-propelled device for moving persons or property or pulling implements from one place to another, whether the device is operated on land, rails, water, or in the air.

 

(11) "Motor fuel" has the meaning given in section 604.15, subdivision 1.

 

(12) "Retailer" has the meaning given in section 604.15, subdivision 1.

 

Sec. 22.  Minnesota Statutes 2018, section 609.52, subdivision 2, is amended to read:

 

Subd. 2.  Acts constituting theft.  (a) Whoever does any of the following commits theft and may be sentenced as provided in subdivision 3:

 

(1) intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of the property; or

 

(2) with or without having a legal interest in movable property, intentionally and without consent, takes the property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of the property; or

 

(3) obtains for the actor or another the possession, custody, or title to property of or performance of services by a third person by intentionally deceiving the third person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made.  "False representation" includes without limitation:

 

(i) the issuance of a check, draft, or order for the payment of money, except a forged check as defined in section 609.631, or the delivery of property knowing that the actor is not entitled to draw upon the drawee therefor or to order the payment or delivery thereof; or

 

(ii) a promise made with intent not to perform.  Failure to perform is not evidence of intent not to perform unless corroborated by other substantial evidence; or

 

(iii) the preparation or filing of a claim for reimbursement, a rate application, or a cost report used to establish a rate or claim for payment for medical care provided to a recipient of medical assistance under chapter 256B, which intentionally and falsely states the costs of or actual services provided by a vendor of medical care; or

 

(iv) the preparation or filing of a claim for reimbursement for providing treatment or supplies required to be furnished to an employee under section 176.135 which intentionally and falsely states the costs of or actual treatment or supplies provided; or


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(v) the preparation or filing of a claim for reimbursement for providing treatment or supplies required to be furnished to an employee under section 176.135 for treatment or supplies that the provider knew were medically unnecessary, inappropriate, or excessive; or

 

(4) by swindling, whether by artifice, trick, device, or any other means, obtains property or services from another person; or

 

(5) intentionally commits any of the acts listed in this subdivision but with intent to exercise temporary control only and:

 

(i) the control exercised manifests an indifference to the rights of the owner or the restoration of the property to the owner; or

 

(ii) the actor pledges or otherwise attempts to subject the property to an adverse claim; or

 

(iii) the actor intends to restore the property only on condition that the owner pay a reward or buy back or make other compensation; or

 

(6) finds lost property and, knowing or having reasonable means of ascertaining the true owner, appropriates it to the finder's own use or to that of another not entitled thereto without first having made reasonable effort to find the owner and offer and surrender the property to the owner; or

 

(7) intentionally obtains property or services, offered upon the deposit of a sum of money or tokens in a coin or token operated machine or other receptacle, without making the required deposit or otherwise obtaining the consent of the owner; or

 

(8) intentionally and without claim of right converts any article representing a trade secret, knowing it to be such, to the actor's own use or that of another person or makes a copy of an article representing a trade secret, knowing it to be such, and intentionally and without claim of right converts the same to the actor's own use or that of another person.  It shall be a complete defense to any prosecution under this clause for the defendant to show that information comprising the trade secret was rightfully known or available to the defendant from a source other than the owner of the trade secret; or

 

(9) leases or rents personal property under a written instrument and who:

 

(i) with intent to place the property beyond the control of the lessor conceals or aids or abets the concealment of the property or any part thereof; or

 

(ii) sells, conveys, or encumbers the property or any part thereof without the written consent of the lessor, without informing the person to whom the lessee sells, conveys, or encumbers that the same is subject to such lease or rental contract with intent to deprive the lessor of possession thereof; or

 

(iii) does not return the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, with intent to wrongfully deprive the lessor of possession of the property; or

 

(iv) returns the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, but does not pay the lease or rental charges agreed upon in the written instrument, with intent to wrongfully deprive the lessor of the agreed-upon charges.

 

For the purposes of items (iii) and (iv), the value of the property must be at least $100.


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Evidence that a lessee used a false, fictitious, or not current name, address, or place of employment in obtaining the property or fails or refuses to return the property or pay the rental contract charges to lessor within five days after written demand for the return has been served personally in the manner provided for service of process of a civil action or sent by certified mail to the last known address of the lessee, whichever shall occur later, shall be evidence of intent to violate this clause.  Service by certified mail shall be deemed to be complete upon deposit in the United States mail of such demand, postpaid and addressed to the person at the address for the person set forth in the lease or rental agreement, or, in the absence of the address, to the person's last known place of residence; or

 

(10) alters, removes, or obliterates numbers or symbols placed on movable property for purpose of identification by the owner or person who has legal custody or right to possession thereof with the intent to prevent identification, if the person who alters, removes, or obliterates the numbers or symbols is not the owner and does not have the permission of the owner to make the alteration, removal, or obliteration; or

 

(11) with the intent to prevent the identification of property involved, so as to deprive the rightful owner of possession thereof, alters or removes any permanent serial number, permanent distinguishing number or manufacturer's identification number on personal property or possesses, sells or buys any personal property knowing or having reason to know that the permanent serial number, permanent distinguishing number or manufacturer's identification number has been removed or altered; or

 

(12) intentionally deprives another of a lawful charge for cable television service by:

 

(i) making or using or attempting to make or use an unauthorized external connection outside the individual dwelling unit whether physical, electrical, acoustical, inductive, or other connection; or by

 

(ii) attaching any unauthorized device to any cable, wire, microwave, or other component of a licensed cable communications system as defined in chapter 238.  Nothing herein shall be construed to prohibit the electronic video rerecording of program material transmitted on the cable communications system by a subscriber for fair use as defined by Public Law 94-553, section 107; or

 

(13) except as provided in clauses (12) and (14), obtains the services of another with the intention of receiving those services without making the agreed or reasonably expected payment of money or other consideration; or

 

(14) intentionally deprives another of a lawful charge for telecommunications service by:

 

(i) making, using, or attempting to make or use an unauthorized connection whether physical, electrical, by wire, microwave, radio, or other means to a component of a local telecommunication system as provided in chapter 237; or

 

(ii) attaching an unauthorized device to a cable, wire, microwave, radio, or other component of a local telecommunication system as provided in chapter 237.

 

The existence of an unauthorized connection is prima facie evidence that the occupier of the premises:

 

(A) made or was aware of the connection; and

 

(B) was aware that the connection was unauthorized;

 

(15) with intent to defraud, diverts corporate property other than in accordance with general business purposes or for purposes other than those specified in the corporation's articles of incorporation; or

 

(16) with intent to defraud, authorizes or causes a corporation to make a distribution in violation of section 302A.551, or any other state law in conformity with it; or


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(17) takes or drives a motor vehicle without the consent of the owner or an authorized agent of the owner, knowing or having reason to know that the owner or an authorized agent of the owner did not give consent; or

 

(18) intentionally, and without claim of right, takes motor fuel from a retailer without the retailer's consent and with intent to deprive the retailer permanently of possession of the fuel by driving a motor vehicle from the premises of the retailer without having paid for the fuel dispensed into the vehicle.; or

 

(19) intentionally engages in or authorizes a prohibited practice of wage theft as described in section 181.03, subdivision 1.

 

(b) Proof that the driver of a motor vehicle into which motor fuel was dispensed drove the vehicle from the premises of the retailer without having paid for the fuel permits the factfinder to infer that the driver acted intentionally and without claim of right, and that the driver intended to deprive the retailer permanently of possession of the fuel.  This paragraph does not apply if:  (1) payment has been made to the retailer within 30 days of the receipt of notice of nonpayment under section 604.15; or (2) a written notice as described in section 604.15, subdivision 4, disputing the retailer's claim, has been sent.  This paragraph does not apply to the owner of a motor vehicle if the vehicle or the vehicle's license plate has been reported stolen before the theft of the fuel.

 

Sec. 23.  Minnesota Statutes 2018, section 609.52, subdivision 3, is amended to read:

 

Subd. 3.  Sentence.  Whoever commits theft may be sentenced as follows:

 

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), or (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or

 

(2) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the exception of marijuana; or

 

(3) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if any of the following circumstances exist:

 

(a) the value of the property or services stolen is more than $1,000 but not more than $5,000; or

 

(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to section 152.02; or

 

(c) the value of the property or services stolen is more than $500 but not more than $1,000 and the person has been convicted within the preceding five years for an offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or

 

(d) the value of the property or services stolen is not more than $1,000, and any of the following circumstances exist:

 

(i) the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse; or


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(ii) the property is a record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law with or in the keeping of any public officer or office; or

 

(iii) the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle; or

 

(iv) the property consists of public funds belonging to the state or to any political subdivision or agency thereof; or

 

(v) the property stolen is a motor vehicle; or

 

(4) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the property or services stolen is more than $500 but not more than $1,000; or

 

(5) in all other cases where the value of the property or services stolen is $500 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3), (4), and (13), the value of the money or property or services received by the defendant in violation of any one or more of the above provisions within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.

 

ARTICLE 6

EARNED SICK AND SAFE TIME

 

Section 1.  Minnesota Statutes 2018, section 181.942, subdivision 1, is amended to read:

 

Subdivision 1.  Comparable position.  (a) An employee returning from a leave of absence under section 181.941 is entitled to return to employment in the employee's former position or in a position of comparable duties, number of hours, and pay.  An employee returning from a leave of absence longer than one month must notify a supervisor at least two weeks prior to return from leave.  An employee returning from a leave under section 181.9412 or 181.9413 181.9445 is entitled to return to employment in the employee's former position.

 

(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a layoff and the employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or comparable position.  In such circumstances, the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave.

 

Sec. 2.  [181.9445] EARNED SICK AND SAFE TIME.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section and section 177.50, the terms defined in this subdivision have the meanings given them.

 

(b) "Commissioner" means the commissioner of labor and industry or authorized designee or representative.

 

(c) "Domestic abuse" has the meaning given in section 518B.01.

 

(d) "Earned sick and safe time" means leave, including paid time off and other paid leave systems, that is paid at the same hourly rate as an employee earns from employment that may be used for the same purposes and under the same conditions as provided under subdivision 3.


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(e) "Employee" means any person who is employed by an employer, including temporary and part-time employees, who performs work for at least 80 hours in a year for that employer in Minnesota.  Employee does not include an independent contractor.

 

(f) "Employer" means a person who has one or more employees.  Employer includes an individual, a corporation, a partnership, an association, a business trust, a nonprofit organization, a group of persons, a state, county, town, city, school district, or other governmental subdivision.  In the event that a temporary employee is supplied by a staffing agency, absent a contractual agreement stating otherwise, that individual shall be an employee of the staffing agency for all purposes of this section and section 177.50.

 

(g) "Family member" means:

 

(1) an employee's:

 

(i) child, foster child, adult child, legal ward, or child for whom the employee is legal guardian;

 

(ii) spouse or registered domestic partner;

 

(iii) sibling, stepsibling, or foster sibling;

 

(iv) parent or stepparent;

 

(v) grandchild, foster grandchild, or stepgrandchild; or

 

(vi) grandparent or stepgrandparent;

 

(2) any of the family members listed in clause (1) of a spouse or registered domestic partner;

 

(3) any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship; and

 

(4) up to one individual annually designated by the employee.

 

(h) "Health care professional" means any person licensed under federal or state law to provide medical or emergency services, including doctors, physician assistants, nurses, and emergency room personnel.

 

(i) "Prevailing wage rate" has the meaning given in section 177.42 and as calculated by the Department of Labor and Industry.

 

(j) "Retaliatory personnel action" means:

 

(1) any form of intimidation, threat, reprisal, harassment, discrimination, or adverse employment action, including discipline, discharge, suspension, transfer, or reassignment to a lesser position in terms of job classification, job security, or other condition of employment; reduction in pay or hours or denial of additional hours; the accumulation of points under an attendance point system; informing another employer that the person has engaged in activities protected by this chapter; or reporting or threatening to report the actual or suspected citizenship or immigration status of an employee, former employee, or family member of an employee to a federal, state, or local agency; and

 

(2) interference with or punishment for participating in any manner in an investigation, proceeding, or hearing under this chapter.


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(k) "Sexual assault" means an act that constitutes a violation under sections 609.342 to 609.3453 or 609.352.

 

(l) "Stalking" has the meaning given in section 609.749.

 

(m) "Year" means a regular and consecutive 12-month period, as determined by an employer and clearly communicated to each employee of that employer.

 

Subd. 2.  Accrual of earned sick and safe time.  (a) An employee accrues a minimum of one hour of earned sick and safe time for every 30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.  Employees may not accrue more than 48 hours of earned sick and safe time in a year unless the employer agrees to a higher amount.

 

(b) Employers must permit an employee to carry over accrued but unused sick and safe time into the following year.  The total amount of accrued but unused earned sick and safe time for an employee may not exceed 80 hours at any time, unless an employer agrees to a higher amount.

 

(c) Employees who are exempt from overtime requirements under United States Code, title 29, section 213(a)(1), as amended through the effective date of this section, are deemed to work 40 hours in each workweek for purposes of accruing earned sick and safe time, except that an employee whose normal workweek is less than 40 hours will accrue earned sick and safe time based on the normal workweek.

 

(d) Earned sick and safe time under this section begins to accrue at the commencement of employment of the employee.

 

(e) Employees may use accrued earned sick and safe time beginning 90 calendar days after the day their employment commenced.  After 90 days from the day employment commenced, employees may use earned sick and safe time as it is accrued.  The 90-calendar-day period under this paragraph includes both days worked and days not worked.

 

Subd. 3.  Use of earned sick and safe time.  (a) An employee may use accrued earned sick and safe time for:

 

(1) an employee's:

 

(i) mental or physical illness, injury, or other health condition;

 

(ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or

 

(iii) need for preventive medical or health care;

 

(2) care of a family member:

 

(i) with a mental or physical illness, injury, or other health condition;

 

(ii) who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or other health condition; or

 

(iii) who needs preventive medical or health care;

 

(3) absence due to domestic abuse, sexual assault, or stalking of the employee or employee's family member, provided the absence is to:


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(i) seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking;

 

(ii) obtain services from a victim services organization;

 

(iii) obtain psychological or other counseling;

 

(iv) seek relocation due to domestic abuse, sexual assault, or stalking; or

 

(v) seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking;

 

(4) closure of the employee's place of business due to weather or other public emergency or an employee's need to care for a family member whose school or place of care has been closed due to weather or other public emergency; and

 

(5) when it has been determined by the health authorities having jurisdiction or by a health care professional that the presence of the employee or family member of the employee in the community would jeopardize the health of others because of the exposure of the employee or family member of the employee to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease.

 

(b) An employer may require notice of the need for use of earned sick and safe time as provided in this paragraph.  If the need for use is foreseeable, an employer may require advance notice of the intention to use earned sick and safe time but must not require more than seven days' advance notice.  If the need is unforeseeable, an employer may require an employee to give notice of the need for earned sick and safe time as soon as practicable.

 

(c) When an employee uses earned sick and safe time for more than three consecutive days, an employer may require reasonable documentation that the earned sick and safe time is covered by paragraph (a).  For earned sick and safe time under paragraph (a), clauses (1) and (2), reasonable documentation may include a signed statement by a health care professional indicating the need for use of earned sick and safe time.  For earned sick and safe time under paragraph (a), clause (3), an employer must accept a court record or documentation signed by a volunteer or employee of a victims services organization, an attorney, a police officer, or an antiviolence counselor as reasonable documentation.  An employer must not require disclosure of details relating to domestic abuse, sexual assault, or stalking or the details of an employee's or an employee's family member's medical condition as related to an employee's request to use earned sick and safe time under this section.

 

(d) An employer may not require, as a condition of an employee using earned sick and safe time, that the employee seek or find a replacement worker to cover the hours the employee uses as earned sick and safe time.

 

(e) Earned sick and safe time may be used in the smallest increment of time tracked by the employer's payroll system, provided such increment is not more than four hours.

 

Subd. 4.  Retaliation prohibited.  An employer shall not take retaliatory personnel action against an employee because the employee has requested earned sick and safe time, used earned sick and safe time, requested a statement of accrued sick and safe time, or made a complaint or filed an action to enforce a right to earned sick and safe time under this section.

 

Subd. 5.  Reinstatement to comparable position after leave.  An employee returning from a leave under this section is entitled to return to employment in a comparable position.  If, during a leave under this section, the employer experiences a layoff and the employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or comparable position.  In such circumstances, the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave.

 


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Subd. 6.  Pay and benefits after leave.  An employee returning from a leave under this section is entitled to return to employment at the same rate of pay the employee had been receiving when the leave commenced, plus any automatic adjustments in the employee's pay scale that occurred during leave period.  The employee returning from a leave is entitled to retain all accrued preleave benefits of employment and seniority as if there had been no interruption in service, provided that nothing under this section prevents the accrual of benefits or seniority during the leave pursuant to a collective bargaining or other agreement between the employer and employees.

 

Subd. 7.  Part-time return from leave.  An employee, by agreement with the employer, may return to work part time during the leave period without forfeiting the right to return to employment at the end of the leave, as provided under this section.

 

Subd. 8.  Notice and posting by employer.  (a) Employers must give notice to all employees that they are entitled to earned sick and safe time, including the amount of earned sick and safe time, the accrual year for the employee, and the terms of its use under this section; that retaliation against employees who request or use earned sick and safe time is prohibited; and that each employee has the right to file a complaint or bring a civil action if earned sick and safe time is denied by the employer or the employee is retaliated against for requesting or using earned sick and safe time.

 

(b) Employers must supply employees with a notice in English and other appropriate languages that contains the information required in paragraph (a) at commencement of employment or the effective date of this section, whichever is later.

 

(c) The means used by the employer must be at least as effective as the following options for providing notice:

 

(1) posting a copy of the notice at each location where employees perform work and where the notice must be readily observed and easily reviewed by all employees performing work; or

 

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

 

The notice must contain all information required under paragraph (a).  The commissioner shall create and make available to employers a poster and a model notice that contains the information required under paragraph (a) for their use in complying with this section.

 

(d) An employer that provides an employee handbook to its employees must include in the handbook notice of employee rights and remedies under this section.

 

Subd. 9.  Required statement to employee.  (a) Upon request of the employee, the employer must provide, in writing or electronically, current information stating the employee's amount of:

 

(1) earned sick and safe time available to the employee; and

 

(2) used earned sick and safe time.

 

(b) Employers may choose a reasonable system for providing the information in paragraph (a), including but not limited to listing information on each pay stub or developing an online system where employees can access their own information.

 

Subd. 10.  Employer records.  (a) Employers shall retain accurate records documenting hours worked by employees and earned sick and safe time taken and comply with all requirements under section 177.30.


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(b) An employer must allow an employee to inspect records required by this section and relating to that employee at a reasonable time and place.

 

Subd. 11.  Confidentiality and nondisclosure.  (a) If, in conjunction with this section, an employer possesses (1) health or medical information regarding an employee or an employee's family member; (2) information pertaining to domestic abuse, sexual assault, or stalking; (3) information that the employee has requested or obtained leave under this section; or (4) any written or oral statement, documentation, record, or corroborating evidence provided by the employee or an employee's family member, the employer must treat such information as confidential.  Information given by an employee may only be disclosed by an employer if the disclosure is requested or consented to by the employee, when ordered by a court or administrative agency, or when otherwise required by federal or state law.

 

(b) Records and documents relating to medical certifications, recertifications, or medical histories of employees or family members of employees created for purposes of this section or section 177.50 must be maintained as confidential medical records separate from the usual personnel files.  At the request of the employee, the employer must destroy or return the records required by this section that are older than three years prior to the current calendar year.

 

(c) Employers may not discriminate against any employee based on records created for the purposes of this section or section 177.50.

 

Subd. 12.  No effect on more generous sick and safe time policies.  (a) Nothing in this section shall be construed to discourage employers from adopting or retaining earned sick and safe time policies that meet or exceed, and do not otherwise conflict with, the minimum standards and requirements provided in this section.

 

(b) Nothing in this section shall be construed to limit the right of parties to a collective bargaining agreement to bargain and agree with respect to earned sick and safe time policies or to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that meets or exceeds, and does not otherwise conflict with, the minimum standards and requirements provided in this section.

 

(c) Employers who provide earned sick and safe time to their employees under a paid time off policy or other paid leave policy that meets or exceeds, and does not otherwise conflict with, the minimum standards and requirements provided in this section are not required to provide additional earned sick and safe time.

 

(d) An employer may opt to satisfy the requirements of this section for construction industry employees by:

 

(1) paying at least the prevailing wage rate as defined by section 177.42 and as calculated by the Department of Labor and Industry; or

 

(2) paying at least the required rate established in a registered apprenticeship agreement for apprentices registered with the Department of Labor and Industry.

 

An employer electing this option is deemed to be in compliance with this section for construction industry employees who receive either at least the prevailing wage rate or the rate required in the applicable apprenticeship agreement regardless of whether the employees are working on private or public projects.

 

(e) This section does not prohibit an employer from establishing a policy whereby employees may donate unused accrued sick and safe time to another employee.

 

(f) This section does not prohibit an employer from advancing sick and safe time to an employee before accrual by the employee.


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Subd. 13.  Termination; separation; transfer.  This section does not require financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued earned sick and safe time that has not been used.  If an employee is transferred to a separate division, entity, or location, but remains employed by the same employer, the employee is entitled to all earned sick and safe time accrued at the prior division, entity, or location and is entitled to use all earned sick and safe time as provided in this section.  When there is a separation from employment and the employee is rehired within 180 days of separation by the same employer, previously accrued earned sick and safe time that had not been used must be reinstated.  An employee is entitled to use accrued earned sick and safe time and accrue additional earned sick and safe time at the commencement of reemployment.

 

Subd. 14.  Employer succession.  (a) When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all earned sick and safe time accrued but not used when employed by the original employer, and are entitled to use all earned sick and safe time previously accrued but not used.

 

(b) If, at the time of transfer of the business, employees are terminated by the original employer and hired within 30 days by the successor employer following the transfer, those employees are entitled to all earned sick and safe time accrued but not used when employed by the original employer, and are entitled to use all earned sick and safe time previously accrued but not used.

 

Sec. 3.  REPEALER.

 

Minnesota Statutes 2018, section 181.9413, is repealed.

 

Sec. 4.  EFFECTIVE DATE.

 

Sections 1 to 3 are effective 180 days following final enactment.

 

ARTICLE 7

EARNED SICK AND SAFE TIME ENFORCEMENT

 

Section 1.  Minnesota Statutes 2018, section 177.27, subdivision 2, is amended to read:

 

Subd. 2.  Submission of records; penalty.  The commissioner may require the employer of employees working in the state to submit to the commissioner photocopies, certified copies, or, if necessary, the originals of employment records which the commissioner deems necessary or appropriate.  The records which may be required include full and correct statements in writing, including sworn statements by the employer, containing information relating to wages, hours, names, addresses, and any other information pertaining to the employer's employees and the conditions of their employment as the commissioner deems necessary or appropriate.

 

The commissioner may require the records to be submitted by certified mail delivery or, if necessary, by personal delivery by the employer or a representative of the employer, as authorized by the employer in writing.

 

The commissioner may fine the employer up to $1,000 $10,000 for each failure to submit or deliver records as required by this section.  This penalty is in addition to any penalties provided under section 177.32, subdivision 1.  In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered.


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Sec. 2.  Minnesota Statutes 2018, section 177.27, subdivision 4, is amended to read:

 

Subd. 4.  Compliance orders.  The commissioner may issue an order requiring an employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, 181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275, subdivision 2a, 181.722, 181.79, and 181.939 to 181.943, and 181.9445, or with any rule promulgated under section 177.28.  The commissioner shall issue an order requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated.  For purposes of this subdivision only, a violation is repeated if at any time during the two years that preceded the date of violation, the commissioner issued an order to the employer for violation of sections 177.41 to 177.435 and the order is final or the commissioner and the employer have entered into a settlement agreement that required the employer to pay back wages that were required by sections 177.41 to 177.435.  The department shall serve the order upon the employer or the employer's authorized representative in person or by certified mail at the employer's place of business.  An employer who wishes to contest the order must file written notice of objection to the order with the commissioner within 15 calendar days after being served with the order.  A contested case proceeding must then be held in accordance with sections 14.57 to 14.69.  If, within 15 calendar days after being served with the order, the employer fails to file a written notice of objection with the commissioner, the order becomes a final order of the commissioner.

 

Sec. 3.  Minnesota Statutes 2018, section 177.27, subdivision 7, is amended to read:

 

Subd. 7.  Employer liability.  If an employer is found by the commissioner to have violated a section identified in subdivision 4, or any rule adopted under section 177.28, and the commissioner issues an order to comply, the commissioner shall order the employer to cease and desist from engaging in the violative practice and to take such affirmative steps that in the judgment of the commissioner will effectuate the purposes of the section or rule violated.  The commissioner shall order the employer to pay to the aggrieved parties back pay, gratuities, and compensatory damages, less any amount actually paid to the employee by the employer, and for an additional equal amount as liquidated damages.  Any employer who is found by the commissioner to have repeatedly or willfully violated a section or sections identified in subdivision 4 shall be subject to a civil penalty of up to $1,000 $10,000 for each violation for each employee.  In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered.  In addition, the commissioner may order the employer to reimburse the department and the attorney general for all appropriate litigation and hearing costs expended in preparation for and in conducting the contested case proceeding, unless payment of costs would impose extreme financial hardship on the employer.  If the employer is able to establish extreme financial hardship, then the commissioner may order the employer to pay a percentage of the total costs that will not cause extreme financial hardship.  Costs include but are not limited to the costs of services rendered by the attorney general, private attorneys if engaged by the department, administrative law judges, court reporters, and expert witnesses as well as the cost of transcripts.  Interest shall accrue on, and be added to, the unpaid balance of a commissioner's order from the date the order is signed by the commissioner until it is paid, at an annual rate provided in section 549.09, subdivision 1, paragraph (c).  The commissioner may establish escrow accounts for purposes of distributing damages.

 

Sec. 4.  [177.50] EARNED SICK AND SAFE TIME ENFORCEMENT.

 

Subdivision 1.  Definitions.  The definitions in section 181.9445, subdivision 1, apply to this section.

 

Subd. 2.  Rulemaking authority.  The commissioner may adopt rules to carry out the purposes of this section and section 181.9445.

 

Subd. 3.  Individual remedies.  In addition to any other remedies provided by law, a person injured by a violation of section 181.9445 may bring a civil action to recover general and special damages, along with costs, fees, and reasonable attorney fees, and may receive injunctive and other equitable relief as determined by a court.  An action to recover damages under this subdivision must be commenced within three years of the violation of section 181.9445 that caused the injury to the employee.


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Subd. 4.  Grants to community organizations.  The commissioner may make grants to community organizations for the purpose of outreach to and education for employees regarding their rights under section 181.9445.  The community-based organizations must be selected based on their experience, capacity, and relationships in high-violation industries.  The work under such a grant may include the creation and administration of a statewide worker hotline.

 

Subd. 5.  Report to legislature.  (a) The commissioner must submit an annual report to the legislature, including to the chairs and ranking minority members of any relevant legislative committee.  The report must include, but is not limited to:

 

(1) a list of all violations of section 181.9445, including the employer involved, and the nature of any violations; and

 

(2) an analysis of noncompliance with section 181.9445, including any patterns by employer, industry, or county.

 

(b) A report under this section must not include an employee's name or other identifying information, any health or medical information regarding an employee or an employee's family member, or any information pertaining to domestic abuse, sexual assault, or stalking of an employee or an employee's family member.

 

Subd. 6.  Contract for labor or services.  It is the responsibility of all employers to not enter into any contract or agreement for labor or services where the employer has any actual knowledge or knowledge arising from familiarity with the normal facts and circumstances of the business activity engaged in, or has any additional facts or information that, taken together, would make a reasonably prudent person undertake to inquire whether, taken together, the contractor is not complying or has failed to comply with this section.  For purposes of this subdivision, "actual knowledge" means information obtained by the employer that the contractor has violated this section within the past two years and has failed to present the employer with credible evidence that such noncompliance has been cured going forward.

 

EFFECTIVE DATE.  This section is effective 180 days after final enactment.

 

ARTICLE 8

LABOR AND INDUSTRY POLICY

 

Section 1.  Minnesota Statutes 2018, section 15.72, subdivision 2, is amended to read:

 

Subd. 2.  Retainage.  (a) A public contracting agency may reserve as retainage from any progress payment on a public contract for a public improvement an amount not to exceed five percent of the payment.  A The public contracting agency may reduce the amount of the retainage and may eliminate retainage on any monthly contract payment if, in the agency's opinion, the work is progressing satisfactorily.

 

(b) For all construction contracts greater than $5,000,000, the public contracting agency must reduce retainage to no more than 2.5 percent if the public contracting agency determines the work is 75 percent or more complete, that work is progressing satisfactorily, and all contract requirements are being met. 

 

(c) The public contracting agency must release any remaining retainage no later than 60 days after substantial completion.

 

(d) A contractor on a public contract for a public improvement must pay out any remaining retainage to its subcontractors no later than ten days after receiving payment of retainage from the public contracting agency, unless there is a dispute about the work under a subcontract.  If there is a dispute about the work under a subcontract, the contractor must pay out retainage to any subcontractor whose work is not involved in the dispute, and must provide a written statement detailing the amount and reason for the withholding to the affected subcontractor and the public agency.


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(e) A contractor may not reserve as retainage from a subcontractor an amount that exceeds the amount reserved by the public contracting agency under this subdivision.  Upon written request of a subcontractor who has not been paid for work in accordance with section 16A.1245 or 471.425, subdivision 4a, the public contracting agency shall notify the subcontractor of a progress payment, retainage payment, or final payment made to the contractor.  A contractor must include in any contract with a subcontractor the name, address, and telephone number of a responsible official at the public contracting agency that may be contacted for purposes of making a request under this paragraph.

 

(f) After substantial completion, a public contracting agency may withhold no more than: 

 

(1) 250 percent of the value of incomplete or defective work; and

 

(2) one percent of the value of the contract or $500, whichever is greater, pending completion and submission of all final paperwork by the contractor, provided that an amount withheld under this clause may not exceed $10,000.

 

If the public contracting agency withholds payment under this paragraph, the public contracting agency must promptly provide a written statement detailing the amount and basis of withholding to the contractor.  The public contracting agency must provide a copy of this statement to any subcontractor that requests it.  Any amounts withheld for incomplete or defective work shall be paid within 45 days after the completion of the work.  Any amounts withheld under clause (1) must be paid within 45 days after completion of the work.  Any amounts withheld under clause (2) must be paid within 45 days after submission of all final paperwork.

 

(g) As used in this subdivision, "substantial completion" shall be determined as provided in section 541.051, subdivision 1, paragraph (a).  For construction, reconstruction, or improvement of streets and highways, including bridges, substantial completion means the date when construction-related traffic devices and ongoing inspections are no longer required.

 

(h) The maximum retainage percentage allowed for a building and construction contract is the retainage percentage withheld by the public contracting agency from the contractor.

 

(i) Withholding retainage for warranties or warranty work is prohibited.

 

EFFECTIVE DATE.  This section applies to agreements entered into on or after August 1, 2019.

 

Sec. 2.  Minnesota Statutes 2018, section 175.46, subdivision 3, is amended to read:

 

Subd. 3.  Duties.  (a) The commissioner shall:

 

(1) approve youth skills training programs that train student learners for careers in high-growth, high-demand occupations that provide:

 

(i) that the work of the student learner in the occupations declared particularly hazardous shall be incidental to the training;

 

(ii) that the work shall be intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person;

 

(iii) that safety instruction shall be provided to the student learner and may be given by the school and correlated by the employer with on-the-job training;

 

(iv) a schedule of organized and progressive work processes to be performed on the job;


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(v) a schedule of wage rates in compliance with section 177.24; and

 

(vi) whether the student learner will obtain secondary school academic credit, postsecondary credit, or both, for the training program;

 

(2) approve occupations and maintain a list of approved occupations for programs under this section;

 

(3) issue requests for proposals for grants;

 

(4) work with individuals representing industry and labor to develop new youth skills training programs;

 

(5) develop model program guides;

 

(6) monitor youth skills training programs;

 

(7) provide technical assistance to local partnership grantees;

 

(8) work with providers to identify paths for receiving postsecondary credit for participation in the youth skills training program; and

 

(9) approve other activities as necessary to implement the program.

 

(b) The commissioner shall collaborate with stakeholders, including, but not limited to, representatives of secondary school institutions, career and technical education instructors, postsecondary institutions, businesses, and labor, in developing youth skills training programs, and identifying and approving occupations and competencies for youth skills training programs.

 

Sec. 3.  Minnesota Statutes 2018, section 175.46, subdivision 13, is amended to read:

 

Subd. 13.  Grant awards.  (a) The commissioner shall award grants to local partnerships for youth skills training programs that train student learners for careers in high-growth, high-demand occupations.  Grant awards may not exceed $100,000 per local partnership grant.

 

(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;

 

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


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(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. 4.  Minnesota Statutes 2018, section 176.1812, subdivision 2, is amended to read:

 

Subd. 2.  Filing and review.  (a) A copy of the agreement and the approximate number of employees who will be covered under it must be filed with the commissioner.  Within 21 days of receipt of an agreement, the commissioner shall review the agreement for compliance with this section and the benefit provisions of this chapter and notify the parties of any additional information required or any recommended modification that would bring the agreement into compliance.  Upon receipt of any requested information or modification, the commissioner must notify the parties within 21 days whether the agreement is in compliance with this section and the benefit provisions of this chapter.

 

(b) After an agreement is approved by the commissioner under paragraph (a), a qualified employer may join or withdraw from a qualified group of employers without commissioner review or approval.  The commissioner must be notified within 30 days when a qualified employer joins or withdraws from a qualified group of employers.

 

(c) In order for any agreement to remain in effect, it must provide for a timely and accurate method of reporting to the commissioner necessary information regarding service cost and utilization the individual claims covered by the agreement and claim-specific dispute resolution data, in the form and manner prescribed by the commissioner.  Dispute resolution data includes information about facilitation, mediation, and arbitration and shall be provided annually to the commissioner to enable the commissioner to annually report aggregate dispute data to the legislature.  The information provided to the commissioner must include aggregate data on the:

 

(i) person hours and payroll covered by agreements filed;

 

(ii) number of claims filed;

 

(iii) average cost per claim;

 

(iv) number of litigated claims, including the number of claims submitted to arbitration, the Workers' Compensation Court of Appeals, the Office of Administrative Hearings, the district court, the Minnesota Court of Appeals or the supreme court;

 

(v) number of contested claims resolved prior to arbitration;

 

(vi) projected incurred costs and actual costs of claims;

 

(vii) employer's safety history;

 

(viii) number of workers participating in vocational rehabilitation; and

 

(ix) number of workers participating in light-duty programs.

 

EFFECTIVE DATE.  Paragraphs (a) and (b) are effective June 1, 2019.  Paragraph (c) is effective August 1, 2020.


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Sec. 5.  Minnesota Statutes 2018, section 176.231, subdivision 1, is amended to read:

 

Subdivision 1.  Time limitation.  (a) Where death or serious injury occurs to an employee during the course of employment, the employer shall report the injury or death to the commissioner and insurer within 48 hours after its occurrence.  Where any other injury occurs which wholly or partly incapacitates the employee from performing labor or service for more than three calendar days, the employer shall report the injury to the insurer on a form prescribed by the commissioner within ten days from its occurrence.  An insurer and self-insured employer shall report the injury to the commissioner no later than 14 days from its occurrence.  Where an injury has once been reported but subsequently death ensues, the employer shall report the death to the commissioner and insurer within 48 hours after the employer receives notice of this fact.  An employer who provides notice to the Occupational Safety and Health Division of the Department of Labor and Industry of a fatality within the eight-hour time frame required by law, or of an inpatient hospitalization within the 24-hour time frame required by law, has satisfied the employer's obligation under this section.

 

(b) At the time an injury is required to be reported to the commissioner, the insurer or self-insured employer must also specify whether the injury is covered by a collective bargaining agreement approved by the commissioner under section 176.1812.  Notice must be provided in the format and manner prescribed by the commissioner.

 

EFFECTIVE DATE.  This section is effective August 1, 2020.

 

Sec. 6.  Minnesota Statutes 2018, section 179.86, subdivision 1, is amended to read:

 

Subdivision 1.  Definition.  For the purpose of this section, "employer" means:

 

(1) an employer in the meatpacking industry. whose employees routinely pack, can, or otherwise process poultry or meat for human consumption; or

 

(2) an employer whose employees routinely clean or sterilize meat processing or poultry processing equipment used by an employer as defined in clause (1).

 

Sec. 7.  Minnesota Statutes 2018, section 179.86, subdivision 3, is amended to read:

 

Subd. 3.  Information provided to employee by employer.  (a) An employer must provide an explanation in an employee's native language of the employee's rights and duties as an employee either person to person or through written materials that, at a minimum, include:

 

(1) a complete description of the salary and benefits plans as they relate to the employee;

 

(2) a job description for the employee's position;

 

(3) a description of leave policies;

 

(4) a description of the work hours and work hours policy; and

 

(5) a description of the occupational hazards known to exist for the position.

 

(b) The explanation must also include information on the following employee rights as protected by state or federal law and a description of where additional information about those rights may be obtained:

 

(1) the right to organize and bargain collectively and refrain from organizing and bargaining collectively;


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(2) the right to a safe workplace; and

 

(3) the right to be free from discrimination.

 

(c) The explanation must be provided in a language the employee speaks fluently.

 

Sec. 8.  Minnesota Statutes 2018, section 181.635, subdivision 2, is amended to read:

 

Subd. 2.  Recruiting; required disclosure.  An employer shall provide written disclosure of the terms and conditions of employment to a person at the time it recruits the person to relocate to work in the food processing industry.  The disclosure requirement does not apply to an exempt employee as defined in United States Code, title 29, section 213(a)(1).  The disclosure must be written in English and Spanish, a language the employee speaks fluently in addition to any other languages preferred by the employer.  The disclosure must be dated and signed by the employer and the person recruited, and maintained by the employer for two years.  If the employer has any reason to doubt the employee's ability to read, the employer must read the disclosure out loud to the employee in a language the employee speaks fluently before the disclosure is signed.  A copy of the signed and completed disclosure must be delivered immediately to the recruited person.  The disclosure may not be construed as an employment contract.

 

Sec. 9.  Minnesota Statutes 2018, section 182.659, subdivision 8, is amended to read:

 

Subd. 8.  Protection from subpoena; data.  Neither the commissioner nor any employee of the department, including those employees of the Department of Health providing services to the Department of Labor and Industry, pursuant to section 182.67, subdivision 1, is subject to subpoena for purposes of inquiry into any occupational safety and health inspection except in enforcement proceedings brought under this chapter.  Data that identify individuals who provide data to the department as part of an investigation conducted under this chapter shall be private.

 

Sec. 10.  Minnesota Statutes 2018, section 182.666, subdivision 1, is amended to read:

 

Subdivision 1.  Willful or repeated violations.  Any employer who willfully or repeatedly violates the requirements of section 182.653, or any standard, rule, or order adopted under the authority of the commissioner as provided in this chapter, may be assessed a fine not to exceed $70,000 $129,335 for each violation.  The minimum fine for a willful violation is $5,000 $9,240.

 

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

 

Sec. 11.  Minnesota Statutes 2018, section 182.666, subdivision 2, is amended to read:

 

Subd. 2.  Serious violations.  Any employer who has received a citation for a serious violation of its duties under section 182.653, or any standard, rule, or order adopted under the authority of the commissioner as provided in this chapter, shall be assessed a fine not to exceed $7,000 $12,935 for each violation.  If a serious violation under section 182.653, subdivision 2, causes or contributes to the death of an employee, the employer shall be assessed a fine of up to $25,000 for each violation.

 

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

 

Sec. 12.  Minnesota Statutes 2018, section 182.666, subdivision 3, is amended to read:

 

Subd. 3.  Nonserious violations.  Any employer who has received a citation for a violation of its duties under section 182.653, subdivisions 2 to 4, where the violation is specifically determined not to be of a serious nature as provided in section 182.651, subdivision 12, may be assessed a fine of up to $7,000 $12,935 for each violation.

 

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


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Sec. 13.  Minnesota Statutes 2018, section 182.666, subdivision 4, is amended to read:

 

Subd. 4.  Failure to correct a violation.  Any employer who fails to correct a violation for which a citation has been issued under section 182.66 within the period permitted for its correction, which period shall not begin to run until the date of the final order of the commissioner in the case of any review proceedings under this chapter initiated by the employer in good faith and not solely for delay or avoidance of penalties, may be assessed a fine of not more than $7,000 $12,935 for each day during which the failure or violation continues.

 

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

 

Sec. 14.  Minnesota Statutes 2018, section 182.666, subdivision 5, is amended to read:

 

Subd. 5.  Posting violations.  Any employer who violates any of the posting requirements, as prescribed under this chapter, except those prescribed under section 182.661, subdivision 3a, shall be assessed a fine of up to $7,000 $12,935 for each violation.

 

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

 

Sec. 15.  Minnesota Statutes 2018, section 182.666, is amended by adding a subdivision to read:

 

Subd. 6a.  Increases for inflation.  (a) No later than August 31 of each year, beginning in 2019, the commissioner shall determine the percentage increase in the rate of inflation, as measured by the implicit price deflator, national data for personal consumption expenditures as determined by the United States Department of Commerce, Bureau of Economic Analysis during the 12-month period immediately preceding that August or, if that data is unavailable, during the most recent 12-month period for which data is available.  The fines in subdivisions 1, 2, 3, 4, and 5, except for the fine for a serious violation under section 182.653, subdivision 2, that causes or contributes to the death of an employee, are increased by the lesser of (1) 2.5 percent, rounded to the nearest dollar amount evenly divisible by ten, or (2) the percentage calculated by the commissioner, rounded to the nearest dollar amount evenly divisible by ten.

 

(b) The fines increased under paragraph (a) shall not be increased to an amount greater than the corresponding federal penalties for the specified violations promulgated in United States Code, title 29, section, 666, subsections (a)-(d), (i), as amended through November 5, 1990, and adjusted according to United States Code, title 28, section 2461, note (Federal Civil Penalties Inflation Adjustment), as amended through November 2, 2015.

 

(c) A fine must not be reduced under this subdivision.  A fine increased under this subdivision takes effect on the next January 1.

 

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

 

Sec. 16.  Minnesota Statutes 2018, section 326B.082, subdivision 6, is amended to read:

 

Subd. 6.  Notices of violation.  (a) The commissioner may issue a notice of violation to any person who the commissioner determines has committed a violation of the applicable law.  The notice of violation must state a summary of the facts that constitute the violation and the applicable law violated.  The notice of violation may require the person to correct the violation.  If correction is required, the notice of violation must state the deadline by which the violation must be corrected.

 

(b) The commissioner shall issue the notice of violation by:

 

(1) serving the notice of violation on the property owner or on the person who committed the violation; or


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(2) posting the notice of violation at the location where the violation occurred.

 

(c) If the person to whom the commissioner has issued the notice of violation believes the notice was issued in error, then the person may request reconsideration of the parts of the notice that the person believes are in error.  The request for reconsideration must be in writing and must be served on or, faxed, or e­mailed to the commissioner at the address or, fax number, or e­mail address specified in the notice of violation by the tenth day after the commissioner issued the notice of violation.  The date on which a request for reconsideration is served by mail shall be the postmark date on the envelope in which the request for reconsideration is mailed.  If the person does not serve or, fax, or e­mail a written request for reconsideration or if the person's written request for reconsideration is not served on or faxed to the commissioner by the tenth day after the commissioner issued the notice of violation, the notice of violation shall become a final order of the commissioner and will not be subject to review by any court or agency.  The request for reconsideration must:

 

(1) specify which parts of the notice of violation the person believes are in error;

 

(2) explain why the person believes the parts are in error; and

 

(3) provide documentation to support the request for reconsideration.

 

The commissioner shall respond in writing to requests for reconsideration made under this paragraph within 15 days after receiving the request.  A request for reconsideration does not stay a requirement to correct a violation as set forth in the notice of violation.  After reviewing the request for reconsideration, the commissioner may affirm, modify, or rescind the notice of violation.  The commissioner's response to a request for reconsideration is final and shall not be reviewed by any court or agency.

 

Sec. 17.  Minnesota Statutes 2018, section 326B.082, subdivision 8, is amended to read:

 

Subd. 8.  Hearings related to administrative orders.  (a) Within 30 days after the commissioner issues an administrative order or within 20 days after the commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the person to whom the administrative order or notice is issued may request an expedited hearing to review the commissioner's order or notice.  The request for hearing must be in writing and must be served on or, faxed, or e­mailed to the commissioner at the address or, fax number, or e­mail address specified in the order or notice.  If the person does not request a hearing or if the person's written request for hearing is not served on or, faxed, or e­mailed to the commissioner by the 30th day after the commissioner issues the administrative order or the 20th day after the commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the order will become a final order of the commissioner and will not be subject to review by any court or agency.  The date on which a request for hearing is served by mail shall be the postmark date on the envelope in which the request for hearing is mailed.  The hearing request must specifically state the reasons for seeking review of the order or notice.  The person to whom the order or notice is issued and the commissioner are the parties to the expedited hearing.  The commissioner must notify the person to whom the order or notice is issued of the time and place of the hearing at least 15 days before the hearing.  The expedited hearing must be held within 45 days after a request for hearing has been received by the commissioner unless the parties agree to a later date.

 

(b) Parties may submit written arguments if permitted by the administrative law judge.  All written arguments must be submitted within ten days following the completion of the hearing or the receipt of any late-filed exhibits that the parties and the administrative law judge have agreed should be received into the record, whichever is later.  The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this subdivision.  The Office of Administrative Hearings may, in consultation with the agency, adopt rules specifically applicable to cases under this section.


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(c) The administrative law judge shall issue a report making findings of fact, conclusions of law, and a recommended order to the commissioner within 30 days following the completion of the hearing, the receipt of late‑filed exhibits, or the submission of written arguments, whichever is later.

 

(d) If the administrative law judge makes a finding that the hearing was requested solely for purposes of delay or that the hearing request was frivolous, the commissioner may add to the amount of the penalty the costs charged to the department by the Office of Administrative Hearings for the hearing.

 

(e) If a hearing has been held, the commissioner shall not issue a final order until at least five days after the date of the administrative law judge's report.  Any person aggrieved by the administrative law judge's report may, within those five days, serve written comments to the commissioner on the report and the commissioner shall consider and enter the comments in the record.  The commissioner's final order shall comply with sections 14.61, subdivision 2, and 14.62, subdivisions 1 and 2a, and may be appealed in the manner provided in sections 14.63 to 14.69.

 

Sec. 18.  Minnesota Statutes 2018, section 326B.082, subdivision 12, is amended to read:

 

Subd. 12.  Issuance of licensing orders; hearings related to licensing orders.  (a) If the commissioner determines that a permit, license, registration, or certificate should be conditioned, limited, suspended, revoked, or denied under subdivision 11, or that the permit holder, licensee, registrant, or certificate holder should be censured under subdivision 11, then the commissioner shall issue to the person an order denying, conditioning, limiting, suspending, or revoking the person's permit, license, registration, or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.

 

(b) Any order issued under paragraph (a) may include an assessment of monetary penalties and may require the person to cease and desist from committing the violation or committing the act, conduct, or practice set out in subdivision 11, paragraph (b).  The monetary penalty may be up to $10,000 for each violation or act, conduct, or practice committed by the person.  The procedures in section 326B.083 must be followed when issuing orders under paragraph (a).

 

(c) The permit holder, licensee, registrant, certificate holder, or applicant to whom the commissioner issues an order under paragraph (a) shall have 30 days after issuance of the order to request a hearing.  The request for hearing must be in writing and must be served on or, faxed, or e­mailed to the commissioner at the address or, fax number, or e­mail address specified in the order by the 30th day after issuance of the order.  If the person does not request a hearing or if the person's written request for hearing is not served on or, faxed, or e­mailed to the commissioner by the 30th day after issuance of the order, the order shall become a final order of the commissioner and will not be subject to review by any court or agency.  The date on which a request for hearing is served by mail shall be the postmark date on the envelope in which the request for hearing is mailed.  If the person submits to the commissioner a timely request for hearing, the order is stayed unless the commissioner summarily suspends the license, registration, certificate, or permit under subdivision 13, and a contested case hearing shall be held in accordance with chapter 14.