STATE OF
MINNESOTA
NINETIETH
SESSION - 2017
_____________________
SIXTY-SECOND
DAY
Saint Paul, Minnesota, Monday, May 22, 2017
����� The House of Representatives convened at
8:00 a.m. and was called to order by Tony Albright, Speaker pro tempore.
����� Prayer was offered by the Reverend Paul
Rogers, Minneapolis, Minnesota.
����� The members of the House gave the pledge
of allegiance to the flag of the United States of America.
����� The roll was called and the following
members were present:
Albright
Anderson, P.
Anderson, S.
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Youakim
Zerwas
Spk. Daudt
����� A quorum was present.
����� Moran was excused until 8:30 a.m.� Applebaum was excused until 8:40 p.m.� Omar was excused until 8:50 a.m.� Mariani was excused until 9:00 a.m.� Allen was excused until 9:25 a.m.� Anselmo, Slocum and Wills were excused until
3:00 p.m.
����� The Chief Clerk proceeded to read the
Journal of the preceding day.� There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
����� The
following House Files were introduced:
Loonan introduced:
H. F. No. 2721, A bill for an act relating to insurance; no-fault auto; regulating rental vehicle coverage; amending Minnesota Statutes 2016, section 65B.49, subdivision 5a.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Loon introduced:
H. F. No. 2722, A bill for an act relating to business organizations; addressing the publication of a natural person's home address; amending Minnesota Statutes 2016, sections 5.34; 5.36, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
MESSAGES FROM
THE SENATE
����� The
following message was received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 1456.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.� Said Senate File is herewith transmitted to the House.
Cal R. Ludeman, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 1456
A bill for an act relating to economic development; temporarily modifying the restrictions on use of Minnesota investment fund local government loan repayment funds.
May 22, 2017
The Honorable Michelle L. Fischbach
President of the Senate
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 1456 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendment and that S. F. No. 1456 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
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 "2018" and
"2019" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2018, or June 30, 2019,
respectively.� "The first year"
is fiscal year 2018.� "The second
year" is fiscal year 2019.� "The
biennium" is fiscal years 2018 and 2019.
(b) If an appropriation in this article
is enacted more than once in the 2017 legislative session, the appropriation
must be given effect only once.
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APPROPRIATIONS |
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Available for the Year |
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Ending June 30 |
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2018 |
2019 |
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Sec. 2.� DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT |
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Subdivision 1.� Total
Appropriation |
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$145,400,000 |
|
$119,478,000 |
Appropriations
by Fund |
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2018 � |
2019
|
Allgemein |
$109,565,000
|
$84,747,000
|
Remediation |
$700,000
|
$700,000
|
Workforce Development |
$34,985,000
|
$34,031,000
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Special Revenue |
$150,000
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-0-
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2.� Business
and Community Development |
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$46,074,000
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$40,935,000
|
Appropriations
by Fund � |
||
Allgemein |
$43,363,000
|
$38,424,000
|
Remediation |
$700,000
|
$700,000
|
Workforce Development |
$1,861,000
|
$1,811,000
|
Special Revenue |
$150,000 |
-0- |
(a)
$4,195,000 each year is for the Minnesota job skills partnership program under
Minnesota Statutes, sections 116L.01 to 116L.17.� If the appropriation for either year is
insufficient, the appropriation for the other year is available.� This appropriation is available until spent.
(b) $750,000 each year is for grants to
the Neighborhood Development Center for small business programs:
(1) training, lending, and business
services;
(2) model outreach and training in greater
Minnesota; and
(3) development of new business
incubators.
This is a onetime appropriation.
(c) $1,175,000 each year is for a grant to
the Metropolitan Economic Development Association (MEDA) for statewide business
development and assistance services, including services to entrepreneurs with
businesses that have the potential to create job opportunities for unemployed
and underemployed people, with an emphasis on minority-owned businesses.� This is a onetime appropriation.
(d) $125,000 each year is for a grant to
the White Earth Nation for the White Earth Nation Integrated Business
Development System to provide business assistance with workforce development,
outreach, technical assistance, infrastructure and operational support,
financing, and other business development activities.� This is a onetime appropriation.
(e)(1) $12,500,000 each year is for the
Minnesota investment fund under Minnesota Statutes, section 116J.8731.� Of this amount, the commissioner of
employment and economic development may use up to three percent for
administration and monitoring of the program.�
This appropriation is available until spent.
(2) Of the amount appropriated in fiscal
year 2018, $4,000,000 is for a loan to construct and equip a wholesale
electronic component distribution center investing a minimum of $200,000,000
and constructing a facility at least 700,000 square feet in size.� Loan funds may be used for purchases of
materials, supplies, and equipment for the construction of the facility and are
available from July 1, 2017, to June 30, 2021.�
The commissioner of employment and economic development shall forgive
the loan after verification that the project has satisfied performance goals
and contractual obligations as required under Minnesota Statutes, section
116J.8731.
(3)
Of the amount appropriated in fiscal year 2018, $700,000 is for a loan to
extend an effluent pipe that will deliver reclaimed water to an innovative
waste-to-biofuel project investing a minimum of $150,000,000 and constructing a
facility that is designed to process approximately 400,000 tons of waste
annually.� Loan funds are available until
June 30, 2021.
(f) $8,500,000 each year is for the Minnesota job creation
fund under Minnesota Statutes, section 116J.8748.� Of this amount, the commissioner of
employment and economic development may use up to three percent for
administrative expenses.� This
appropriation is available until expended.�
In fiscal year 2020 and beyond, the base amount is $8,000,000.
(g) $1,647,000 each year is for contaminated site cleanup
and development grants under Minnesota Statutes, sections 116J.551 to 116J.558.� This appropriation is available until spent.� In fiscal year 2020 and beyond, the base
amount is $1,772,000.
(h) $12,000 each year is for a grant to the Upper Minnesota
Film Office.
(i) $163,000 each year is for the Minnesota Film and TV
Board.� The appropriation in each year is
available only upon receipt by the board of $1 in matching contributions of
money or in-kind contributions from nonstate sources for every $3 provided by
this appropriation, except that each year up to $50,000 is available on July 1
even if the required matching contribution has not been received by that date.
(j) $500,000 each year is from the general fund for a grant
to the Minnesota Film and TV Board for the film production jobs program under
Minnesota Statutes, section 116U.26.� This
appropriation is available until June 30, 2021.
(k) $139,000 each year is for a grant to the Rural Policy
and Development Center under Minnesota Statutes, section 116J.421.
(l)(1) $1,300,000 each year is for the greater Minnesota
business development public infrastructure grant program under Minnesota
Statutes, section 116J.431.� This
appropriation is available until spent.� If
the appropriation for either year is insufficient, the appropriation for the
other year is available.� In fiscal year
2020 and beyond, the base amount is $1,787,000.�
Funds available under this paragraph may be used for site preparation of
property owned and to be used by private entities.
(2) Of the amounts appropriated, $1,600,000 in fiscal year
2018 is for a grant to the city of Thief River Falls to support utility
extensions, roads, and other public improvements related to the construction of
a wholesale electronic component distribution
center
at least 700,000 square feet in size and investing a minimum of $200,000,000.� Notwithstanding Minnesota Statutes, section
116J.431, a local match is not required.�
Grant funds are available from July 1, 2017, to June 30, 2021.
(m) $876,000 the first year and $500,000
the second year are for the Minnesota emerging entrepreneur loan program under
Minnesota Statutes, section 116M.18.� Funds
available under this paragraph are for transfer into the emerging entrepreneur
program special revenue fund account created under Minnesota Statutes, chapter
116M, and are available until spent.� Of
this amount, up to four percent is for administration and monitoring of the
program.� In fiscal year 2020 and beyond,
the base amount is $1,000,000.
(n) $875,000 each year is for a grant to
Enterprise Minnesota, Inc. for the small business growth acceleration program
under Minnesota Statutes, section 116O.115.�
This is a onetime appropriation.
(o) $250,000 in fiscal year 2018 is for a
grant to the Minnesota Design Center at the University of Minnesota for the
greater Minnesota community design pilot project.
(p) $275,000 in fiscal year 2018 is from
the general fund to the commissioner of employment and economic development for
a grant to Community and Economic Development Associates (CEDA) for an economic
development study and analysis of the effects of current and projected economic
growth in southeast Minnesota.� CEDA
shall report on the findings and recommendations of the study to the committees
of the house of representatives and senate with jurisdiction over economic
development and workforce issues by February 15, 2019.� All results and information gathered from the
study shall be made available for use by cities in southeast Minnesota by March
15, 2019.� This appropriation is
available until June 30, 2020.
(q) $2,000,000 in fiscal year 2018 is for
a grant to Pillsbury United Communities for construction and renovation of a
building in north Minneapolis for use as the "North Market" grocery
store and wellness center, focused on offering healthy food, increasing health
care access, and providing job creation and economic opportunities in one place
for children and families living in the area.�
To the extent possible, Pillsbury United Communities shall employ
individuals who reside within a five mile radius of the grocery store and
wellness center.� This appropriation is
not available until at least an equal amount of money is committed from nonstate
sources.� This appropriation is available
until the project is completed or abandoned, subject to Minnesota Statutes,
section 16A.642.
(r)
$1,425,000 each year is for the business development competitive grant program.� Of this amount, up to five percent is for
administration and monitoring of the business development competitive grant
program.� All grant awards shall be for
two consecutive years.� Grants shall be
awarded in the first year.
(s) $875,000 each year is for the host
community economic development grant program established in Minnesota Statutes,
section 116J.548.
(t) $700,000 each year is from the
remediation fund for contaminated site cleanup and development grants under
Minnesota Statutes, sections 116J.551 to 116J.558.� This appropriation is available until spent.
(u) $161,000 each year is from the
workforce development fund for a grant to the Rural Policy and Development
Center.� This is a onetime appropriation.
(v) $300,000 each year is from the
workforce development fund for a grant to Enterprise Minnesota, Inc. This is a
onetime appropriation.
(w) $50,000 in fiscal year 2018 is from the
workforce development fund for a grant to Fighting Chance for behavioral
intervention programs for at-risk youth.
(x) $1,350,000 each year is from the
workforce development fund for job training grants under Minnesota Statutes,
section 116L.42.
(y)(1) $519,000 in fiscal year 2018 is for
grants to local communities to increase the supply of quality child care
providers in order to support economic development.� At least 60 percent of grant funds must go to
communities located outside of the seven‑county metropolitan area, as
defined under Minnesota Statutes, section 473.121, subdivision 2.� Grant recipients must obtain a 50 percent
nonstate match to grant funds in either cash or in-kind contributions.� Grant funds available under this paragraph
must be used to implement solutions to reduce the child care shortage in the
state including but not limited to funding for child care business start-ups or
expansions, training, facility modifications or improvements required for
licensing, and assistance with licensing and other regulatory requirements.� In awarding grants, the commissioner must
give priority to communities that have documented a shortage of child care
providers in the area.
(2) Within one year of receiving grant
funds, grant recipients must report to the commissioner on the outcomes of the
grant program including but not limited to the number of new providers, the
number of additional child care provider jobs created, the number of additional
child care slots, and the amount of local funds invested.
(3)
By January 1 of each year, starting in 2019, the commissioner must report to
the standing committees of the legislature having jurisdiction over child care
and economic development on the outcomes of the program to date.
(z) $319,000 in fiscal year 2018 is from the general fund
for a grant to the East Phillips Improvement Coalition to create the East
Phillips Neighborhood Institute (EPNI) to expand culturally tailored resources
that address small business growth and create green jobs.� The grant shall fund the collaborative work
of Tamales y Bicicletas, Little Earth of the United Tribes, a nonprofit serving
East Africans, and other coalition members towards developing EPNI as a
community space to host activities including, but not limited to, creation and
expansion of small businesses, culturally specific entrepreneurial activities,
indoor urban farming, job training, education, and skills development for
residents of this low-income, environmental justice designated neighborhood.� Eligible uses for grant funds include, but
are not limited to, planning and start-up costs, staff and consultant costs,
building improvements, rent, supplies, utilities, vehicles, marketing, and
program activities.� The commissioner
shall submit a report on grant activities and quantifiable outcomes to the
committees of the house of representatives and the senate with jurisdiction
over economic development by December 15, 2020.�
This appropriation is available until June 30, 2020.
(aa) $150,000 the first year is from the renewable
development account in the special revenue fund established in Minnesota
Statutes, section 116C.779, subdivision 1, to conduct the biomass facility
closure economic impact study.
(bb)(1) $300,000 in fiscal year 2018 is for a grant to East
Side Enterprise Center (ESEC) to expand culturally tailored resources that
address small business growth and job creation.�
This appropriation is available until June 30, 2020.� The appropriation shall fund the work of
African Economic Development Solutions, the Asian Economic Development
Association, the Dayton's Bluff Community Council, and the Latino Economic
Development Center in a collaborative approach to economic development that is
effective with smaller, culturally diverse communities that seek to increase
the productivity and success of new immigrant and minority populations living
and working in the community.� Programs
shall provide minority business growth and capacity building that generate
wealth and jobs creation for local residents and business owners on the East
Side of St. Paul.
(2) In fiscal year 2019 ESEC shall use funds to share its
integrated service model and evolving collaboration principles with civic and
economic development leaders in greater Minnesota communities which have
diverse populations similar to the East Side of St. Paul.� ESEC shall submit a report of activities and
program outcomes,
including
quantifiable measures of success annually to the house of representatives and
senate committees with jurisdiction over economic development.
(cc) $150,000 in fiscal year 2018 is for a grant to Mille
Lacs County for the purpose of reimbursement grants to small resort businesses
located in the city of Isle with less than $350,000 in annual revenue, at least
four rental units, which are open during both summer and winter months, and
whose business was adversely impacted by a
decline in walleye fishing on Lake Mille Lacs.
(dd)(1) $250,000 in fiscal year 2018 is for a grant to the
Small Business Development Center hosted at Minnesota State University,
Mankato, for a collaborative initiative with the Regional Center for
Entrepreneurial Facilitation.� Funds
available under this section must be used to provide entrepreneur and small
business development direct professional business assistance services in the
following counties in Minnesota:� Blue
Earth, Brown, Faribault, Le Sueur, Martin, Nicollet, Sibley, Watonwan, and
Waseca.� For the purposes of this
section, "direct professional business assistance services" must
include, but is not limited to, pre-venture assistance for individuals
considering starting a business.� This
appropriation is not available until the commissioner determines that an equal
amount is committed from nonstate sources.�
Any balance in the first year does not cancel and is available for
expenditure in the second year.
(2) Grant recipients shall report to the commissioner by
February 1 of each year and include information on the number of customers
served in each county; the number of businesses started, stabilized, or
expanded; the number of jobs created and retained; and business success rates
in each county.� By April 1 of each year,
the commissioner shall report the information submitted by grant recipients to
the chairs of the standing committees of the house of representatives and the
senate having jurisdiction over economic development issues.
(ee) $500,000 in fiscal
year 2018 is for the central Minnesota opportunity grant program established
under Minnesota Statutes, section 116J.9922.�
This appropriation is available until June 30, 2022.
Subd. 3.� Workforce
Development |
|
$31,498,000 |
|
$30,231,000 |
Appropriations
by Fund |
||
Allgemein |
$6,239,000 |
$5,889,000 |
Workforce Development |
$25,259,000 |
$24,342,000 |
(a) $500,000 each year is for the youth-at-work competitive
grant program under Minnesota Statutes, section 116L.562.� Of this amount, up to five percent is for
administration and monitoring of
the
youth workforce development competitive grant program.� All grant awards shall be for two consecutive
years.� Grants shall be awarded in the
first year.� In fiscal year 2020 and
beyond, the base amount is $750,000.
(b) $250,000 each year is for pilot
programs in the workforce service areas to combine career and higher education
advising.
(c) $500,000 each year is for rural career
counseling coordinator positions in the workforce service areas and for the
purposes specified in Minnesota Statutes, section 116L.667.� The commissioner of employment and economic
development, in consultation with local workforce investment boards and local
elected officials in each of the service areas receiving funds, shall develop a
method of distributing funds to provide equitable services across workforce
service areas.
(d) $1,000,000 each year is for a grant to
the Construction Careers Foundation for the construction career pathway
initiative to provide year-round educational and experiential learning
opportunities for teens and young adults under the age of 21 that lead to
careers in the construction industry.� This
is a onetime appropriation.� Grant funds
must be used to:
(1) increase construction industry exposure
activities for middle school and high school youth, parents, and counselors to
reach a more diverse demographic and broader statewide audience.� This requirement includes, but is not limited
to, an expansion of programs to provide experience in different crafts to youth
and young adults throughout the state;
(2) increase the number of high schools in
Minnesota offering construction classes during the academic year that utilize a
multicraft curriculum;
(3) increase the number of summer
internship opportunities;
(4) enhance activities to support
graduating seniors in their efforts to obtain employment in the construction
industry;
(5) increase the number of young adults
employed in the construction industry and ensure that they reflect Minnesota's
diverse workforce; and
(6) enhance an industrywide marketing
campaign targeted to youth and young adults about the depth and breadth of
careers within the construction industry.
Programs and services supported by grant
funds must give priority to individuals and groups that are economically
disadvantaged or historically underrepresented in the construction industry,
including but not limited to women, veterans, and members of minority and
immigrant groups.
(e)
$1,539,000 each year from the general fund and $4,604,000 each year from the
workforce development fund are for the Pathways to Prosperity adult workforce
development competitive grant program.� Of
this amount, up to four percent is for administration and monitoring of the
program.� When awarding grants under this
paragraph, the commissioner of employment and economic development may give
preference to any previous grantee with demonstrated success in job training
and placement for hard-to-train individuals.�
In fiscal year 2020 and beyond, the general fund base amount for this
program is $4,039,000.
(f) $750,000 each year is for a
competitive grant program to provide grants to organizations that provide
support services for individuals, such as job training, employment preparation,
internships, job assistance to fathers, financial literacy, academic and
behavioral interventions for low-performing students, and youth intervention.� Grants made under this section must focus on
low-income communities, young adults from families with a history of
intergenerational poverty, and communities of color.� Of this amount, up to four percent is for
administration and monitoring of the program.�
In fiscal year 2020 and beyond, the base amount is $1,000,000.
(g) $500,000 each year is for the women
and high-wage, high‑demand, nontraditional jobs grant program under
Minnesota Statutes, section 116L.99.� Of
this amount, up to five percent is for administration and monitoring of the
program.� In fiscal year 2020 and beyond,
the base amount is $750,000.
(h) $500,000 each year is for a
competitive grant program for grants to organizations providing services to
relieve economic disparities in the Southeast Asian community through workforce
recruitment, development, job creation, assistance of smaller organizations to
increase capacity, and outreach.� Of this
amount, up to five percent is for administration and monitoring of the program.� In fiscal year 2020 and beyond, the base
amount is $1,000,000.
(i) $250,000 each year is for a grant to
the American Indian Opportunities and Industrialization Center, in
collaboration with the Northwest Indian Community Development Center, to reduce
academic disparities for American Indian students and adults.� This is a onetime appropriation.� The grant funds may be used to provide:
(1) student tutoring and testing support
services;
(2) training in information technology;
(3) assistance in obtaining a GED;
(4)
remedial training leading to enrollment in a postsecondary higher education
institution;
(5) real-time work
experience in information technology fields; and
(6) contextualized adult basic education.
After notification to the legislature, the commissioner may
transfer this appropriation to the commissioner of education.
(j) $100,000 each year
is for the getting to work grant program.�
This is a onetime appropriation and is available until June 30, 2021.
(k) $525,000 each year is from the workforce development
fund for a grant to the YWCA of Minneapolis to provide economically challenged
individuals the job skills training, career counseling, and job placement
assistance necessary to secure a child development associate credential and to
have a career path in early childhood education.� This is a onetime appropriation.
(l) $1,350,000 each year is from the workforce development
fund for a grant to the Minnesota High Tech Association to support
SciTechsperience, a program that supports science, technology, engineering, and
math (STEM) internship opportunities for two‑ and four-year college
students and graduate students in their field of study.� The internship opportunities must match
students with paid internships within STEM disciplines at small, for-profit
companies located in Minnesota, having fewer than 250 employees worldwide.� At least 300 students must be matched in the
first year and at least 350 students must be matched in the second year.� No more than 15 percent of the hires may be
graduate students.� Selected hiring
companies shall receive from the grant 50 percent of the wages paid to the
intern, capped at $2,500 per intern.� The
program must work toward increasing the participation of women or other
underserved populations.� This is a
onetime appropriation.
(m) $450,000 each year is from the workforce development
fund for grants to Minnesota Diversified Industries, Inc. to provide
progressive development and employment opportunities for people with
disabilities.� This is a onetime
appropriation.
(n) $500,000 each year is from the workforce development
fund for a grant to Resource, Inc. to provide low-income individuals career
education and job skills training that are fully integrated with chemical and
mental health services.� This is a
onetime appropriation.
(o) $750,000 each year is from the workforce development
fund for a grant to the Minnesota Alliance of Boys and Girls Clubs to
administer a statewide project of youth job skills and career development.� This project, which may have career guidance
components
including health and life skills, is designed to encourage, train, and assist
youth in early access to education and job-seeking skills, work-based learning
experience including career pathways in STEM learning, career exploration and
matching, and first job placement through local community partnerships and
on-site job opportunities.� This grant
requires a 25 percent match from nonstate resources.� This is a onetime appropriation.
(p) $215,000 each year is from the
workforce development fund for grants to Big Brothers, Big Sisters of the
Greater Twin Cities for workforce readiness, employment exploration, and skills
development for youth ages 12 to 21.� The
grant must serve youth in the Twin Cities, Central Minnesota, and Southern
Minnesota Big Brothers, Big Sisters chapters.�
This is a onetime appropriation.
(q) $250,000 each year is from the
workforce development fund for a grant to YWCA St. Paul to provide job
training services and workforce development programs and services, including
job skills training and counseling.� This
is a onetime appropriation.
(r) $1,000,000 each year is from the
workforce development fund for a grant to EMERGE Community Development, in
collaboration with community partners, for services targeting Minnesota
communities with the highest concentrations of African and African-American
joblessness, based on the most recent census tract data, to provide employment
readiness training, credentialed training placement, job placement and
retention services, supportive services for hard-to-employ individuals, and a
general education development fast track and adult diploma program.� This is a onetime appropriation.
(s) $1,000,000 each year is from the workforce
development fund for a grant to the Minneapolis Foundation for a strategic
intervention program designed to target and connect program participants to
meaningful, sustainable living-wage employment.�
This is a onetime appropriation.
(t) $750,000 each year is from the
workforce development fund for a grant to Latino Communities United in Service
(CLUES) to expand culturally tailored programs that address employment and
education skill gaps for working parents and underserved youth by providing new
job skills training to stimulate higher wages for low-income people, family
support systems designed to reduce intergenerational poverty, and youth
programming to promote educational advancement and career pathways.� At least 50 percent of this amount must be
used for programming targeted at greater Minnesota.� This is a onetime appropriation.
(u)
$600,000 each year is from the workforce development fund for a grant to Ujamaa
Place for job training, employment preparation, internships, education,
training in the construction trades, housing, and organizational capacity
building.� This is a onetime
appropriation.
(v) $1,297,000 in the first year and
$800,000 in the second year are from the workforce development fund for
performance grants under Minnesota Statutes, section 116J.8747, to Twin Cities
R!SE to provide training to hard-to-train individuals.� Of the amounts appropriated, $497,000 in
fiscal year 2018 is for a grant to Twin Cities R!SE, in collaboration with
Metro Transit and Hennepin Technical College for the Metro Transit technician
training program.� This is a onetime
appropriation and funds are available until June 30, 2020.
(w) $230,000 in fiscal year 2018 is from
the workforce development fund for a grant to the Bois Forte Tribal Employment
Rights Office (TERO) for an American Indian workforce development training
pilot project.
(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 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.
(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 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.
Subd. 4. � General Support Services |
|
$4,170,000
|
|
$4,654,000
|
Appropriations
by Fund � |
||
General Fund |
$4,135,000
|
$4,606,000
|
Workforce Development |
$35,000
|
$48,000
|
(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 a statewide
capacity-building grant program.� The
commissioner of employment and economic development shall, through a request
for proposal process, select a nonprofit organization to administer the
capacity-building grant program.� The
selected organization must have demonstrated experience in providing financial
and technical assistance to nonprofit organizations statewide.� The selected organization shall provide
financial assistance in the form of subgrants and technical assistance to small
to medium-sized nonprofit organizations offering, or seeking to offer,
workforce or economic development programming that addresses economic
disparities in underserved cultural communities.� This assistance can be provided in-house or
in partnership with other organizations depending on need.� The nonprofit organization selected to
administer the grant program shall report to the commissioner by February 1
each year regarding assistance provided, including the demographic and
geographic distribution of the grant
awards, services, and outcomes.� By April
1 each year, the commissioner shall report the information submitted by
the nonprofit to the legislative committees having jurisdiction over economic
development issues.� Of this amount, one
percent is for the commissioner to conduct the request for proposal process and
monitor the selected organization.� The
nonprofit selected to administer the grant program may use up to five percent
of the grant funds for administration costs and providing technical assistance
to potential subgrantees.
(d) $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.
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 |
|
$34,691,000
|
|
$34,691,000
|
Appropriations
by Fund � |
||
Allgemein |
$26,861,000
|
$26,861,000
|
Workforce Development |
$7,830,000
|
$7,830,000
|
(a) $14,300,000 each year is for the
state's vocational rehabilitation program under Minnesota Statutes, chapter
268A.� In fiscal year 2020 and beyond,
the base amount is $10,800,000.
(b) $3,011,000 each year is for grants to
centers for independent living under Minnesota Statutes, section 268A.11.
(c) $6,995,000 each year is from the general
fund and $6,830,000 each year is from the workforce development fund for
extended employment services for persons with severe disabilities under
Minnesota Statutes, section 268A.15.� Of
the general fund amount appropriated, $1,000,000 each year is for rate
increases to providers of extended employment services for persons with severe
disabilities under Minnesota Statutes, section 268A.15.� In fiscal year 2020 and beyond, the general
fund base amount is $8,995,000.� Of the
base amounts in fiscal years 2020 and 2021, $2,000,000 in fiscal year 2020 and
$2,000,000 in fiscal year 2021 are for rate increases to providers of extended
employment services for persons with severe disabilities under Minnesota
Statutes, section 268A.15.
(d) $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.
(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 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. � Broadband Development |
|
$20,250,000
|
|
$250,000
|
(a) $20,000,000 in fiscal year 2018 is for
deposit in the border‑to‑border broadband fund account in the
special revenue fund established under Minnesota Statutes, section 116J.396.
(b) $250,000 each year is for the
Broadband Development Office.
Subd. 9.� Reporting
|
|
|
|
|
(a) An entity receiving a direct
appropriation in this article that received
a direct appropriation in Laws 2016, chapter 189, article 12, is subject
to the requirements for grants to individually specified recipients under Laws
2016, chapter 189, article 12, section 11.
(b) Any recipient of a direct
appropriation from the workforce development fund for adult workforce-related
programs under subdivision 3 not subject to the requirements of paragraph (a)
is subject to the reporting requirements under Minnesota Statutes, section
116L.98.
Sec. 3.� HOUSING
FINANCE AGENCY |
|
|
|
|
Subdivision 1.� Total
Appropriation |
|
$54,798,000 |
|
$52,798,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Unless otherwise specified, this
appropriation is for transfer to the housing development fund for the programs
specified in this section.� Except as
otherwise indicated, this transfer is part of the agency's permanent budget
base.
Subd. 2.� Challenge
Program |
|
14,925,000
|
|
14,925,000
|
(a)(1) This appropriation is for the
economic development and housing challenge program under Minnesota Statutes,
section 462A.33.� The agency must
continue to strengthen its efforts to address the disparity rate between white
households and indigenous American Indians and communities of color.� Of this amount, $1,208,000 each year shall be
made available during the first 11 months of the fiscal year exclusively for
housing projects for American Indians.� Any
funds not committed to housing projects for American Indians in the first 11
months of each fiscal year shall be available for any eligible activity under
Minnesota Statutes, section 462A.33.
(2) The appropriation may be used to
finance the construction or replacement of real property that is located in
Melrose affected by the fire on September 8, 2016.
(3)
The commissioner may allocate a portion of the appropriation for the economic
development and housing challenge program for assistance in the area included
in DR-4290, as provided in Minnesota Statutes, section 12A.09.� The maximum loan amount per housing structure
is $20,000.� Within the limits of
available appropriations, the agency may increase the maximum amount if the
cost of repair or replacement of the residential property exceeds the total of
the maximum loan amount and any assistance available from FEMA, other federal
government agencies, including the Small Business Administration, and private
insurance and flood insurance benefits.
(b) $2,000,000 each year is for the
purposes of the workforce housing development program under Minnesota Statutes,
section 462A.39.� The commissioner of
housing finance may hire staff sufficient for the purposes of this paragraph.
Subd. 3.� Housing
Trust Fund |
|
13,396,000
|
|
11,646,000
|
(a) This appropriation is for deposit in
the housing fund account created under Minnesota Statutes, section 462A.201,
and may be used for the purposes provided in that section.
(b) $1,750,000 in fiscal year 2018 is for
the rental assistance to highly mobile students program under Minnesota
Statutes, section 462A.201, subdivision 2, paragraph (a), clause (4).
Subd. 4.� Rental
Assistance for Mentally Ill |
|
4,088,000
|
|
4,088,000
|
This appropriation is for the rental
housing assistance program for persons with a mental illness or families with
an adult member with a mental illness, under Minnesota Statutes, section
462A.2097.� Among comparable proposals,
the agency shall prioritize those proposals that target, in part, eligible
persons who desire to move to more integrated, community-based settings.
Subd. 5.� Family
Homeless Prevention |
|
8,769,000
|
|
8,519,000
|
(a) This appropriation is for the family
homeless prevention and assistance programs under Minnesota Statutes, section
462A.204.
(b) $250,000 in fiscal year 2018 is for
grants to programs under Minnesota Statutes, section 462A.204, subdivision 8.
Subd. 6.� Home
Ownership Assistance Fund |
|
885,000
|
|
885,000
|
This appropriation is for the home
ownership assistance program under Minnesota Statutes, section 462A.21,
subdivision 8.� The agency shall continue
to strengthen its efforts to address the disparity gap in the homeownership
rate between white households and indigenous American Indians and communities
of color.
Subd. 7. � Affordable Rental Investment Fund |
|
4,218,000
|
|
4,218,000
|
(a)
This appropriation is for the affordable rental investment fund program under
Minnesota Statutes, section 462A.21, subdivision 8b, to finance the
acquisition, rehabilitation, and debt restructuring of federally assisted
rental property and for making equity take-out loans under Minnesota Statutes,
section 462A.05, subdivision 39.
(b) The owner of federally assisted rental
property must agree to participate in the applicable federally assisted housing
program and to extend any existing low-income affordability restrictions on the
housing for the maximum term permitted.� The
owner must also enter into an agreement that gives local units of government,
housing and redevelopment authorities, and nonprofit housing organizations the
right of first refusal if the rental property is offered for sale.� Priority must be given among comparable
federally assisted rental properties to properties with the longest remaining
term under an agreement for federal assistance.�
Priority must also be given among comparable rental housing developments
to developments that are or will be owned by local government units, a housing
and redevelopment authority, or a nonprofit housing organization.
(c) The appropriation also may be used to
finance the acquisition, rehabilitation, and debt restructuring of existing
supportive housing properties.� For
purposes of this subdivision, "supportive housing" means affordable
rental housing with links to services necessary for individuals, youth, and
families with children to maintain housing stability.
Subd. 8.� Housing
Rehabilitation |
|
6,515,000
|
|
6,515,000
|
This appropriation is for the housing
rehabilitation program under Minnesota Statutes, section 462A.05, subdivision
14.� Of this amount, $2,772,000 each year
is for the rehabilitation of owner‑occupied housing, $3,743,000 each year
is for the rehabilitation of eligible rental housing.� In administering a rehabilitation program for
rental housing, the agency may apply the processes and priorities adopted for
administration of the economic development and housing challenge program under
Minnesota Statutes, section 462A.33.
Subd. 9.� Homeownership Education, Counseling, and Training |
857,000
|
|
857,000
|
This appropriation is for the
homeownership education, counseling, and training program under Minnesota
Statutes, section 462A.209.� Priority may
be given to funding programs that are aimed at culturally specific groups who
are providing services to members of their communities.
Subd. 10. � Capacity Building Grants |
|
645,000
|
|
645,000
|
This appropriation is for nonprofit
capacity building grants under Minnesota Statutes, section 462A.21, subdivision
3b.� Of this amount, $125,000 each year
is for support of the Homeless Management Information System (HMIS).
Subd. 11.� Build
Wealth MN |
|
500,000
|
|
500,000
|
This appropriation is for grants to Build
Wealth MN to provide a family stabilization plan program including program
outreach, financial literacy education, and budget and debt counseling.
Sec. 4.� DEPARTMENT OF LABOR AND INDUSTRY |
|
|
|
Subdivision 1.� Total
Appropriation |
|
$28,820,000 |
|
$29,143,000 |
Appropriations
by Fund |
||
|
2018 � |
2019
|
Allgemein |
1,776,000
|
1,790,000
|
Workers' Compensation |
24,975,000
|
24,975,000
|
Workforce Development |
2,069,000
|
2,378,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2.� Workers'
Compensation |
|
14,782,000
|
|
14,782,000
|
(a) This appropriation is from the workers'
compensation fund.
(b)(1) $3,000,000 each year is for workers'
compensation system upgrades.� This
amount is available until June 30, 2021.�
This is a onetime appropriation.
(2) This appropriation includes funds for
information technology project services and support subject to the provisions
of Minnesota Statutes, section 16E.0466.�
Any ongoing information technology costs 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. 3.� Labor
Standards and Apprenticeship |
|
3,645,000
|
|
3,668,000
|
Appropriations
by Fund |
||
Allgemein |
1,776,000
|
1,790,000
|
Workforce Development |
1,869,000
|
1,878,000
|
(a) $500,000 each year is from the general
fund for wage theft prevention under the division of labor standards.
(b)
$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.
(c) $300,000 each year is from the
workforce development fund for the PIPELINE program.
(d) $200,000 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
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.� This is a onetime appropriation.
(e)
$1,029,000 each year is from the workforce development fund for the
apprenticeship program under Minnesota Statutes, chapter 178.
(f) $150,000 each year is from the
workforce development fund for prevailing wage enforcement.
Subd. 4.� Workplace
Safety |
|
4,154,000
|
|
4,154,000
|
This appropriation is from the workers'
compensation fund.
Subd. 5.� General
Support |
|
6,239,000
|
|
6,539,000
|
Appropriations
by Fund � |
||
Workforce Development Fund |
200,000
|
500,000
|
Workers' Compensation |
6,039,000
|
6,039,000
|
(a) Except as provided in paragraphs (b)
and (c), this appropriation is from the workers' compensation fund.
(b) $200,000 in fiscal year 2018 is from
the workforce development fund for the commissioner of labor and industry to
convene and collaborate with stakeholders as provided under Minnesota Statutes,
section 175.46, subdivision 3, and to develop youth skills training
competencies for approved occupations.� This
is a onetime appropriation.
(c)
$500,000 in fiscal year 2019 is from the workforce development fund to
administer the youth skills training program under Minnesota Statutes, section
175.46.� The commissioner shall award up
to five grants each year to local partnerships located throughout the state,
not to exceed $100,000 per local partnership grant.� The commissioner may use a portion of this
appropriation for administration of the grant program.� The base amount for this program is $500,000
each year beginning in fiscal year 2020.
Sec. 5.� BUREAU
OF MEDIATION SERVICES |
|
$2,446,000 |
|
$2,522,000 |
(a) $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.
(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) $125,000 each year is for purposes of the Public
Employment Relations Board under Minnesota Statutes, section 179A.041.
Sec. 6.� WORKERS' COMPENSATION COURT OF APPEALS
|
$1,913,000 |
|
$1,913,000 |
This appropriation is from the workers' compensation fund.
Sec. 7.� DEPARTMENT
OF COMMERCE |
|
|
|
|
Subdivision 1.� Total
Appropriation |
|
$27,485,000 |
|
$27,165,000 |
Appropriations
by Fund |
||
Allgemein |
23,472,000 |
23,152,000 |
Special Revenue |
2,210,000 |
2,210,000 |
Petroleum Tank |
1,052,000 |
1,052,000 |
Workers' Compensation |
751,000 |
751,000 |
The amounts that may be spent for each purpose are
specified in the following subdivisions.
Subd. 2.� Financial
Institutions |
|
920,000 |
|
820,000 |
(a) $400,000 each year is for grants to Prepare and Prosper
for purposes of developing, marketing, evaluating, and distributing a financial
services inclusion program that will assist low-income and financially
underserved populations build savings, strengthen credit, and provide services
to assist them in being more
financially
stable and secure.� Grants in fiscal year
2018 must be matched by nonstate contributions.�
Money remaining after the first year is available for the second year.
(b) $100,000 in fiscal year 2018 is for a
grant to Exodus Lending to assist individuals in reaching financial stability
and resolving payday loans.� this
appropriation is available until June 30, 2020.
Subd. 3.� Petroleum Tank Release Compensation Board |
1,052,000
|
|
1,052,000
|
This appropriation is from the petroleum
tank fund.
Subd. 4.� Administrative
Services |
|
7,386,000
|
|
7,386,000
|
(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.
Subd. 5.� Telekommunikation
|
|
2,619,000
|
|
2,619,000
|
Appropriations
by Fund � |
||
Allgemein |
1,009,000
|
1,009,000
|
Special Revenue |
1,610,000
|
1,610,000
|
$1,610,000 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) $1,170,000 each year is to the
commissioner of human services to supplement the ongoing operational expenses
of the Commission of Deaf, DeafBlind, and Hard-of-Hearing Minnesotans;
(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 to other state
agencies related to accessibility of their Web-based services.
Subd. 6. � Enforcement |
|
5,672,000
|
|
5,472,000
|
Appropriations
by Fund � |
||
Allgemein |
5,474,000
|
5,274,000
|
Workers' Compensation |
198,000
|
198,000
|
(a) $279,000 each year is for health care
enforcement.
(b)(1) $200,000 in fiscal year 2018 is to
create and execute 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.
(2) The education and outreach campaign
must be statewide, and 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.
(3) The commissioner of commerce shall
report by January 15, 2018, to the chairs and ranking minority members of the
committees of the house of representatives and senate having jurisdiction over
commerce issues regarding the results of the statewide education and outreach
campaign, and recommendations for supporting ongoing efforts to prevent
financial fraud from occurring to, and the financial exploitation of, seniors,
vulnerable adults, and their caregivers.
(c) The revenue transferred in Minnesota
Statutes, section 297I.11, subdivision 2, to the insurance fraud prevention
account must be used in part for compensation for two new employees in the
Commerce Fraud Bureau to perform analytical duties.� The new employees must not be peace officers.
Subd. 7.� Energy
Resources |
|
4,847,000
|
|
4,847,000
|
Appropriations
by Fund |
||
Allgemein |
4,247,000
|
4,247,000
|
Special Revenue |
600,000
|
600,000
|
(a) $150,000 each year is to remediate
vermiculate insulation from households that are eligible for weatherization
assistance under Minnesota's weatherization assistance program state plan under
Minnesota Statutes, section 216C.264.� Remediation
must be done in conjunction with federal weatherization assistance program
services.
(b)
$832,000 each year is for energy regulation and planning unit staff.
(c) $100,000 each year is from the
renewable development account in the special revenue fund established in
Minnesota Statutes, section 116C.779, subdivision 1, to administer the
"Made in Minnesota" solar energy production incentive program in
Minnesota Statutes, section 216C.417.� Any
remaining unspent funds cancel back to the renewable development account at the
end of the biennium.
(d) $500,000 each year is from the
renewable development account in the special revenue fund established in
Minnesota Statutes, section 116C.779, subdivision 1, for costs associated with
any third-party expert evaluation of a proposal submitted in response to a
request for proposal to the renewable development advisory group under
Minnesota Statutes, section 116C.779, subdivision 1, paragraph (l).� No portion of this appropriation may be
expended or retained by the commissioner of commerce.� Any funds appropriated under this paragraph
that are unexpended at the end of a fiscal year cancel to the renewable development
account.
Subd. 8.� Insurance
|
|
4,989,000
|
|
4,969,000
|
Appropriations
by Fund |
||
Allgemein |
4,436,000
|
4,416,000
|
Workers' Compensation |
553,000
|
553,000
|
(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.
(c) $20,000 in fiscal year 2018 is for
payment of two years of membership dues for Minnesota to the National
Conference of Insurance Legislators.� This
is a onetime appropriation.
Sec. 8.� PUBLIC
UTILITIES COMMISSION |
|
$7,465,000 |
|
$7,465,000 |
$21,000 each year is for the purposes of
Minnesota Statutes, section 237.045.
Sec. 9.� PUBLIC
FACILITIES AUTHORITY |
|
$1,800,000 |
|
$-0- |
(a) $300,000 in fiscal year 2018 is for a
grant to the city of New Trier to replace water infrastructure under Hogan
Avenue, including related road reconstruction, and to acquire land for
predesign, design, and construction of a storm water pond that will be
colocated with the pond of the new subdivision.�
This appropriation does not require a nonstate contribution.
(b)
$600,000 in fiscal year 2018 is for a grant to the Ramsey/Washington Recycling
and Energy Board to design, construct, and equip capital improvements to the
Ramsey/Washington Recycling and Energy Center in Newport.
(c) $900,000 in fiscal year 2018 is for a
grant to the Clear Lake‑Clearwater Sewer Authority to remove and replace
the existing wastewater treatment facility.�
This project is intended to prevent the discharge of phosphorus into the
Mississippi River.� This appropriation is
not available until the commissioner of management and budget determines that
at least $200,000 is committed to the project from nonstate sources and the
authority has applied for at least two grants to offset the cost.� An amount equal to any grant money received
by the authority must be returned to the general fund.
ARTICLE 2
LABOR AND INDUSTRY
Section 1.� Minnesota Statutes 2016, section 175.45, is amended to read:
175.45
COMPETENCY STANDARDS FOR DUAL TRAINING.
Subdivision 1.� Duties;
goal.� The commissioner of labor and
industry shall convene industry representatives, identify occupational
competency standards for dual training, and provide technical
assistance to develop dual‑training programs.� The goal of dual training is to provide
employees of an employer with training to acquire competencies that the
employer requires.� The competency
standards shall be identified for employment in occupations in advanced
manufacturing, health care services, information technology, and agriculture.� Competency standards are not rules and are
exempt from the rulemaking provisions of chapter 14, and the provisions in
section 14.386 concerning exempt rules do not apply.
Subd. 2.� Definition;
competency standards Definitions.�
For purposes of this section, the following terms have the
meanings given them:
(1) "competency
standards" means the specific knowledge and skills necessary for a
particular occupation.; and
(2) "dual-training program"
means an employment-based earn-as-you-learn program where the trainee is
employed by a participating employer and receives structured on-the-job
training and technical instruction in accordance with the competency standards.
Subd. 3.� Competency standards identification process.� In identifying competency standards, the commissioner shall consult with the commissioner of the Office of Higher Education and the commissioner of employment and economic development and convene recognized industry experts, representative employers, higher education institutions, representatives of the disabled community, and representatives of labor to assist in identifying credible competency standards.� Competency standards must be consistent with, to the extent available and practical, recognized international and national standards.
Subd. 4.� Duties.� The commissioner shall:
(1) convene industry representatives to
identify, develop, and implement dual-training programs;
(2)
identify competency standards for(2) (3) verify the
competency standards and skill levels and their transferability by subject
matter expert representatives of each respective industry;
(3) (4) develop models for
Minnesota educational institutions to engage in providing education and
training to meet the competency standards established;
(4) (5) encourage
participation by employers and labor in the competency standard
identification process for occupations in their industry; and
(5) (6) align dual
training competency standards dual-training programs with other
workforce initiatives.; and
(7) provide technical assistance to
develop dual-training programs.
Subd. 5.� Notification.� The commissioner must communicate
identified competency standards to the commissioner of the Office of Higher
Education for the purpose of the dual training dual-training
competency grant program under section 136A.246.� The commissioner of labor and industry shall
maintain the competency standards on the department's Web site.
Sec. 2.� [175.46]
YOUTH SKILLS TRAINING PROGRAM.
Subdivision 1.� Program
established; grants authorized.� The
commissioner shall approve youth skills training programs established for the
purpose of providing work-based skills training for student learners ages 16
and older.� The commissioner shall award
grants to local partnerships for the implementation and coordination of local
youth skills training programs as provided in this section.
Subd. 2.� Definitions.� (a) For purposes of this section, the
terms in this subdivision have the meanings given.
(b) "School district" means a
school district or charter school.
(c) "Local partnership" means
a school district, nonpublic school, intermediate school district, or
postsecondary institution, in partnership with other school districts,
nonpublic schools, intermediate school districts, postsecondary institutions,
workforce development authorities, economic development authorities, nonprofit
organizations, labor unions, or individuals who have an agreement with one or
more local employers to be responsible for implementing and coordinating a
local youth skills training program.
(d) "Student learner" means a
student who is both enrolled in a course of study at a public or nonpublic
school to obtain related instruction for academic credit and is employed under
a written agreement to obtain on-the-job skills training under a youth skills
training program approved under this section.
(e) "Commissioner" means the
commissioner of labor and industry.
Subd. 3.� Duties.� (a) The commissioner shall:
(1) approve youth skills training
programs 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;
(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.
Subd. 4.� Training
agreement.� Each student
learner shall sign a written training agreement on a form prescribed by the commissioner.� Each agreement shall contain the name of the
student learner, and be signed by the employer, the school coordinator or
administrator, and the student learner, or if the student learner is a minor,
by the student's parent or legal guardian.�
Copies of each agreement shall be kept on file by both the school and
the employer.
Subd. 5.� Program
approval.� The commissioner
may grant exemptions from the provisions of chapter 181A for student learners
participating in youth skills training programs approved by the commissioner
under this section.� The approval of a
youth skills training program will be reviewed annually.� The approval of a youth skills training
program may be revoked at any time if the commissioner finds that:
(1) all provisions of subdivision 3 have
not been met in the previous year; or
(2) reasonable precautions have not been
observed for the safety of minors.
The commissioner shall maintain and annually update a list
of occupations and tasks suitable for student learners in compliance with
federal law.
Subd. 6.
� Interactions with education finance.� (a) For the purpose of computing state aids for the enrolling school district, the hours a student learner participates in a youth skills training program under this section must be counted in the student's hours of average daily membership under section 126C.05.(b) Educational expenses for a
participating student learner must be included in the enrolling district's
career and technical revenue as provided under section 124D.4531.
Subd. 7.� Academic
credit.� A school district may
grant academic credit to student learners participating in youth skills
training programs under this section in accordance with local requirements.
Subd. 8.� Postsecondary
credit.� A postsecondary
institution may award postsecondary credit to a student learner who
successfully completes a youth skills training program.
Subd. 9.� Work-based
learning program.� A youth
skills training program shall qualify as a work-based learning program if it
meets requirements for a career and technical education program and is
supervised by a qualified teacher with appropriate licensure for a work-based
learning teacher-coordinator.
Subd. 10.� School
coordinator.� Unless otherwise
required for a work-based learning program, a youth skills training program may
be supervised by a qualified teacher or by an administrator as determined by
the school district.
Subd. 11.� Other
apprenticeship programs.� (a)
This section shall not affect programs under section 124D.47.
(b) A registered apprenticeship program
governed by chapter 178 may grant credit toward the completion of a registered
apprenticeship for the successful completion of a youth skills training program
under this section.
Subd. 12.� Grant
applications.� (a) Applications
for grants must be made to the commissioner on a form provided by the
commissioner.
(b) A local partnership may apply for a
grant and shall include in its grant application:
(1) the identity of each school
district, public agency, nonprofit organization, or individual who is a
participant in the local partnership;
(2) the identity of each employer who
is a participant in the local partnership and the amount of matching funds
provided by each employer, if any;
(3) a plan to accomplish the implementation
and coordination of activities specified in this subdivision; and
(4) the identity of a fiscal agent
responsible for receiving, managing, and accounting for the grant.
Subd. 13.� Grant
awards.� (a) 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
(6) any other implementation or
coordination activity that the commissioner may direct or permit the local
partnership to perform.
(b) Grant awards may not be used to
directly or indirectly pay the wages of a student learner.
Subd. 14.� Outcomes.� The following outcomes are expected of
a local youth skills training program:
(1) at least 80 percent of the student
learners who participate in a youth skills training program receive a high
school diploma when eligible upon completion of the training program; and
(2) at least 60 percent of the student
learners who participate in a youth skills training program receive a
recognized credential upon completion of the training program.
Subd. 15.� Reporting.� (a) By February 1, 2019, and annually
thereafter, the commissioner shall report on the activity and outcomes of the
program for the preceding fiscal year to the chairs of the legislative
committees with jurisdiction over jobs and economic growth policy and finance.� At a minimum, the report must include:
(1) the number of student learners who
commenced the training program and the number who completed the training
program; and
(2) recommendations, if any, for changes
to the program.
(b) The initial report shall include a
detailed description of the differences between the state and federal systems
in child safety standards.
Sec. 3.� Minnesota Statutes 2016, section 326B.092, subdivision 7, is amended to read:
Subd. 7.� License fees and license renewal fees.� (a) The license fee for each license is the base license fee plus any applicable board fee, continuing education fee, and contractor recovery fund fee and additional assessment, as set forth in this subdivision.
(b) For purposes of this section, "license duration" means the number of years for which the license is issued except that if the initial license is not issued for a whole number of years, the license duration shall be rounded up to the next whole number.
(c) The base license fee shall depend on whether the license is classified as an entry level, master, journeyman, or business license, and on the license duration.� The base license fee shall be:
|
License Classification |
License Duration |
|
|
|
1 year |
2 Jahre |
|
Entry level |
$10 |
$20 |
|
Journeyworker |
$20 |
$40 |
|
Master |
$40 |
$80 |
|
Business |
|
$180 |
(d) If there is a continuing education requirement for renewal of the license, then a continuing education fee must be included in the renewal license fee.� The continuing education fee for all license classifications shall be:� $10 if the renewal license duration is one year; and $20 if the renewal license duration is two years.
(e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to 326B.925, then a board fee must be included in the license fee and the renewal license fee.� The board fee for all license classifications shall be:� $4 if the license duration is one year; and $8 if the license duration is two years.
(f) If the application is for the renewal of a license issued under sections 326B.802 to 326B.885, then the contractor recovery fund fee required under section 326B.89, subdivision 3, and any additional assessment required under section 326B.89, subdivision 16, must be included in the license renewal fee.
(g) Notwithstanding the fee amounts
described in paragraphs (c) to (f), for the period July 1, 2015 2017,
through June 30, 2017 September 30, 2021, the following fees
apply:
|
License Classification |
License Duration |
|
|
|
1 year |
2 Jahre |
|
Entry level |
$10 |
$20 |
|
Journeyworker |
$15 |
|
|
Master |
$30 |
|
|
Business |
|
|
If there is a continuing education requirement for renewal of the license, then a continuing education fee must be included in the renewal license fee.� The continuing education fee for all license classifications shall be $5.
Sec. 4.� [326B.108]
PLACES OF PUBLIC ACCOMMODATION SUBJECT TO CODE.
Subdivision 1.� Definition.� For purposes of this section,
"place of public accommodation" means a publicly or privately owned
facility that is designed for occupancy by 200 or more people and includes a
sports or entertainment arena, stadium, theater, community or convention hall,
special event center, indoor amusement facility or water park, or swimming
pool.
Subd. 2.� Application.� Construction, additions, and
alterations to a place of public accommodation must be designed and constructed
to comply with the State Building Code.
Subd. 3.� Enforcement.� In a municipality that has not adopted
the code by ordinance under section 326B.121, subdivision 2, the commissioner
shall enforce this section in accordance with section 326B.107, subdivision 1.
Subd. 4.� Fire
protection systems.� If fire
protection systems regulated by chapter 299M are required in a place of public
accommodation, then those plan reviews and inspections shall be conducted by
the state fire marshal.
Sec. 5.� Minnesota Statutes 2016, section 326B.153, subdivision 1, is amended to read:
Subdivision 1.� Building
permits.� (a) Fees for building
permits submitted as required in section 326B.106 326B.107
include:
(1) the fee as set forth in the fee schedule in paragraph (b) or as adopted by a municipality; and
(2) the surcharge required by section 326B.148.
(b) The total valuation and fee schedule is:
(1) $1 to $500, $29.50 $21;
(2) $501 to $2,000, $28 $21
for the first $500 plus $3.70 $2.75 for each additional $100 or
fraction thereof, to and including $2,000;
(3) $2,001 to $25,000, $83.50 $62.25
for the first $2,000 plus $16.55 $12.50 for each additional
$1,000 or fraction thereof, to and including $25,000;
(4) $25,001 to $50,000, $464.15 $349.75
for the first $25,000 plus $12 $9 for each additional $1,000 or
fraction thereof, to and including $50,000;
(5) $50,001 to $100,000, $764.15 $574.75
for the first $50,000 plus $8.45 $6.25 for each additional $1,000
or fraction thereof, to and including $100,000;
(6) $100,001 to $500,000, $1,186.65
$887.25 for the first $100,000 plus $6.75 $5 for each
additional $1,000 or fraction thereof, to and including $500,000;
(7) $500,001 to $1,000,000, $3,886.65
$2,887.25 for the first $500,000 plus $5.50 $4.25 for each
additional $1,000 or fraction thereof, to and including $1,000,000; and
(8) $1,000,001 and up, $6,636.65 $5,012.25
for the first $1,000,000 plus $4.50 $2.75 for each additional
$1,000 or fraction thereof.
(c) Other inspections and fees are:
(1) inspections outside of normal business hours (minimum charge two hours), $63.25 per hour;
(2) reinspection fees, $63.25 per hour;
(3) inspections for which no fee is specifically indicated (minimum charge one-half hour), $63.25 per hour; and
(4) additional plan review required by changes, additions, or revisions to approved plans (minimum charge one‑half hour), $63.25 per hour.
(d) If the actual hourly cost to the jurisdiction under paragraph (c) is greater than $63.25, then the greater rate shall be paid.� Hourly cost includes supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved.
EFFECTIVE
DATE.� Paragraph (a) is
effective July 1, 2017.� Paragraph (b) is
effective July 1, 2017, and the amendments to it expire October 1, 2021.
Sec. 6.� Minnesota Statutes 2016, section 326B.37, is amended by adding a subdivision to read:
Subd. 16.� Wind
electric systems.� (a) The
inspection fee for the installation of a wind turbine is:
(1) zero watts to and including 100,000
watts, $80;
(2) 100,001 watts to and including
500,000 watts, $105;
(3)
500,001 watts to and including 1,000,000 watts, $120;
(4) 1,000,001 watts to and including
1,500,000 watts, $125;
(5) 1,500,001 watts to and including
2,000,000 watts, $130;
(6) 2,000,001 watts to and including
3,000,000 watts, $145; and
(7) 3,000,001 watts and larger, $160.
(b) For the purpose of paragraph (a),
the watt rating is the total estimated alternating current energy output of one
individual wind turbine.
Sec. 7.� Minnesota Statutes 2016, section 326B.37, is amended by adding a subdivision to read:
Subd. 17.� Solar photovoltaic systems.� (a) The inspection fee for the
installation of a solar photovoltaic system is:
(1) zero watts to and including 5,000
watts, $60;
(2) 5,001 watts to and including 10,000
watts, $100;
(3) 10,001 watts to and including
20,000 watts, $150;
(4) 20,001 watts to and including
30,000 watts, $200;
(5) 30,001 watts to and including
40,000 watts, $250;
(6) 40,001 watts to and including
1,000,000 watts, $250, and $25 for each additional 10,000 watts over 40,000
watts;
(7)
1,000,001 watts to 5,000,000 watts, $2,650, and $15 for each additional 10,000
watts over 1,000,000 watts; and
(8) 5,000,001 watts and larger, $8,650,
and $10 for each additional 10,000 watts over 5,000,000 watts.
(b) For the purpose of paragraph (a),
the watt rating is the total estimated alternating current energy output of the
solar photovoltaic system.
Sec. 8.� Minnesota Statutes 2016, section 326B.435, subdivision 2, is amended to read:
Subd. 2.� Powers; duties; administrative support.� (a) The board shall have the power to:
(1) elect its chair, vice-chair, and secretary;
(2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, and containing such other provisions as may be useful and necessary for the efficient conduct of the business of the board;
(3) adopt the Plumbing Code that must be followed in this state and any Plumbing Code amendments thereto.� The Plumbing Code shall include the minimum standards described in sections 326B.43, subdivision 1, and 326B.52, subdivision 1.� The board shall adopt the Plumbing Code and any amendments thereto pursuant to chapter 14 and as provided in subdivision 6, paragraphs (b), (c), and (d);
(4) review requests for final interpretations and issue final interpretations as provided in section 326B.127, subdivision 5;
(5) adopt rules that regulate the licensure, certification, or registration of plumbing contractors, journeymen, unlicensed individuals, master plumbers, restricted master plumbers, restricted journeymen, restricted plumbing contractors, backflow prevention rebuilders and testers, water conditioning contractors, and water conditioning installers, and other persons engaged in the design, installation, and alteration of plumbing systems or engaged in or working at the business of water conditioning installation or service, or engaged in or working at the business of medical gas system installation, maintenance, or repair, except for those individuals licensed under section 326.02, subdivisions 2 and 3.� The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
(6) adopt rules that regulate continuing
education for individuals licensed as master plumbers, journeyman plumbers,
restricted master plumbers, restricted journeyman plumbers, registered
unlicensed individuals, water conditioning contractors masters,
and water conditioning installers journeymen, and for individuals
certified under sections 326B.437 and 326B.438.�
The board shall adopt these rules pursuant to chapter 14 and as provided
in subdivision 6, paragraphs (e) and (f);
(7) refer complaints or other communications to the commissioner, whether oral or written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or order that the commissioner has the authority to enforce pertaining to code compliance, licensure, or an offering to perform or performance of unlicensed plumbing services;
(8) approve per diem and expenses deemed necessary for its members as provided in subdivision 3;
(9) approve license reciprocity agreements;
(10) select from its members individuals to serve on any other state advisory council, board, or committee; and
(11) recommend the fees for licenses, registrations, and certifications.
Except for the powers granted to the Plumbing Board, the Board of Electricity, and the Board of High Pressure Piping Systems, the commissioner of labor and industry shall administer and enforce the provisions of this chapter and any rules promulgated pursuant thereto.
(b) The board shall comply with section 15.0597, subdivisions 2 and 4.
(c) The commissioner shall coordinate the board's rulemaking and recommendations with the recommendations and rulemaking conducted by the other boards created pursuant to this chapter.� The commissioner shall provide staff support to the board.� The support includes professional, legal, technical, and clerical staff necessary to perform rulemaking and other duties assigned to the board.� The commissioner of labor and industry shall supply necessary office space and supplies to assist the board in its duties.
Sec. 9.� Minnesota Statutes 2016, section 326B.50, subdivision 3, is amended to read:
Subd. 3.� Water
conditioning installation.� "Water
conditioning installation" means the installation of appliances,
appurtenances, and fixtures designed to treat water so as to alter, modify, add
or remove mineral, chemical or bacterial content, said installation to be made
in a water distribution system serving:
(1) a single family residential unit,
which has been initially established by a licensed plumber, and does not
involve a direct connection without an air gap to a soil or waste pipe.;
or
(2)
a multifamily or nonresidential building, where the plumbing installation has
been initially established by a licensed plumber.� Isolation valves shall be required for all
water conditioning installations and shall be readily accessible.� Water conditioning installation does not
include:
(i) a valve that allows isolation of the water
conditioning installation;
(ii) piping greater than two-inch nominal pipe size; or
(iii) a direct connection without an air gap to a soil
or waste pipe.
Sec. 10.� Minnesota Statutes 2016, section 326B.50, is amended by adding a subdivision to read:
Subd. 5.�
Direct supervision.� "Direct supervision," with
respect to direct supervision of a registered unlicensed individual, means
that:
(1) at all times while the registered unlicensed
individual is performing water conditioning installation work, a direct
supervisor is present at the location where the registered unlicensed
individual is working;
(2) the direct supervisor is physically present and
immediately available to the registered unlicensed individual at all times for
assistance and direction;
(3) any form of electronic supervision does not meet the
requirement of being physically present;
(4) the direct supervisor reviews the water conditioning
installation work performed by the registered unlicensed individual before the
water conditioning installation is operated; and
(5) the direct supervisor determines that all water
conditioning installation work performed by the registered unlicensed
individual is performed in compliance with sections 326B.50 to 326B.59, all
rules adopted under these sections, the Minnesota Plumbing Code, and all orders
issued under section 326B.082.
Sec. 11.� Minnesota Statutes 2016, section 326B.50, is amended by adding a subdivision to read:
Subd. 6.�
Direct supervisor.� "Direct supervisor" means a
master plumber, journeyman plumber, restricted master plumber, restricted
journeyman plumber, water conditioning master, or water conditioning journeyman
responsible for providing direct supervision of a registered unlicensed
individual.
Sec. 12.� Minnesota Statutes 2016, section 326B.55, subdivision 2, is amended to read:
Subd. 2.� Qualifications for licensing.� (a) A water conditioning master license
shall be issued only to an individual who has demonstrated skill in planning,
superintending, and servicing, and installing water conditioning
installations, and has successfully passed the examination for water
conditioning masters.� A water
conditioning journeyman license shall only be issued to an individual other
than a water conditioning master who has demonstrated practical knowledge of
water conditioning installation, and has successfully passed the examination
for water conditioning journeymen.� A
water conditioning journeyman must successfully pass the examination for water
conditioning masters before being licensed as a water conditioning master.
(b) Each water conditioning contractor must designate a responsible licensed master plumber or a responsible licensed water conditioning master, who shall be responsible for the performance of all water conditioning installation and servicing in accordance with the requirements of sections 326B.50 to 326B.59, all rules adopted under sections 326B.50 to 326B.59, the Minnesota Plumbing Code, and all orders issued under section 326B.082.� If the water conditioning contractor is an individual or sole proprietorship, the responsible licensed master must be the
individual, proprietor, or managing employee.� If the water conditioning contractor is a partnership, the responsible licensed master must be a general partner or managing employee.� If the water conditioning contractor is a limited liability company, the responsible licensed master must be a chief manager or managing employee.� If the water conditioning contractor is a corporation, the responsible licensed master must be an officer or managing employee.� If the responsible licensed master is a managing employee, the responsible licensed master must be actively engaged in performing water conditioning work on behalf of the water conditioning contractor and cannot be employed in any capacity as a water conditioning master or water conditioning journeyman for any other water conditioning contractor.� An individual must not be the responsible licensed master for more than one water conditioning contractor.
(c) All applications and renewals for water conditioning contractor licenses shall include a verified statement that the applicant or licensee has complied with paragraph (b).
(d) Each application and renewal for a water conditioning master license, water conditioning journeyman license, or a water conditioning contractor license shall be accompanied by all fees required by section 326B.092.
Sec. 13.� Minnesota Statutes 2016, section 326B.55, subdivision 4, is amended to read:
Subd. 4.� Plumber's apprentices.� (a) A plumber's apprentice who is registered under section 326B.47 is authorized to assist in water conditioning installation and water conditioning servicing only while under the direct supervision of a master plumber, journeyman plumber, restricted master plumber, restricted journeyman plumber, water conditioning master, or water conditioning journeyman.� The master or journeyman is responsible for ensuring that all water conditioning work performed by the plumber's apprentice complies with the plumbing code and rules adopted under sections 326B.50 to 326B.59.� The supervising master or journeyman must be licensed and must be employed by the same employer as the plumber's apprentice.� Licensed individuals shall not permit plumber's apprentices to perform water conditioning work except under the direct supervision of an individual actually licensed to perform such work.� Plumber's apprentices shall not supervise the performance of plumbing work or make assignments of plumbing work to unlicensed individuals.
(b) Water conditioning contractors employing plumber's apprentices to perform water conditioning work shall maintain records establishing compliance with this subdivision that shall identify all plumber's apprentices performing water conditioning work, and shall permit the department to examine and copy all such records.
Sec. 14.� [326B.555]
REGISTERED UNLICENSED INDIVIDUALS.
Subdivision 1.� Registration;
supervision; records.� (a) All
unlicensed individuals engaged in water conditioning installation must be
registered under subdivision 3.
(b) A registered unlicensed individual
is authorized to assist in water conditioning installations in a single family
residential unit only when a master plumber, journeyman plumber, restricted
master plumber, restricted journeyman plumber, water conditioning master, or
water conditioning journeyman is available and responsible for ensuring that
all water conditioning installation work performed by the unlicensed individual
complies with the applicable provisions of the plumbing and water conditioning
codes and rules adopted pursuant to such codes.�
For all other water conditioning installation work, the registered
unlicensed individual must be under the direct supervision of a responsible
licensed water conditioning master.
(c) Water conditioning contractors
employing registered unlicensed individuals to perform water conditioning
installation work shall maintain records establishing compliance with this
subdivision that shall identify all unlicensed individuals performing water
conditioning installations, and shall permit the department to examine and copy
all such records.
Subd. 2.
� Journeyman exam.� A registered unlicensed individual who has completed 875 hours of practical water conditioning installation, servicing, and training is eligible to take the water conditioning journeyman examination.� Up to 100 hours of practical water conditioning installation and servicing experience prior to becoming a registered unlicensed individual may be applied to the practical experience requirement.� However, none of this practical experience may be applied if the unlicensed individual did not have any practical experience in the 12-month period immediately prior to becoming a registered unlicensed individual.Subd. 3.� Registration,
renewals, and fees.� An
unlicensed individual may register by completing and submitting to the
commissioner an application form provided by the commissioner, with all fees
required by section 326B.58.� A completed
application form must state the date, the individual's age, schooling, previous
experience and employer, and other information required by the commissioner.� The plumbing board may prescribe rules, not
inconsistent with this section, for the registration of unlicensed individuals.� Applications for initial registration may be
submitted at any time.� Registration must
be renewed annually and shall be for the period from July 1 of each year to
June 30 of the following year.
Sec. 15.� Minnesota Statutes 2016, section 326B.89, subdivision 1, is amended to read:
Subdivision
1.� Definitions.� (a) For the purposes of this section, the
following terms have the meanings given them.
(b) "Gross annual receipts" means the total amount derived from residential contracting or residential remodeling activities, regardless of where the activities are performed, and must not be reduced by costs of goods sold, expenses, losses, or any other amount.
(c) "Licensee" means a person licensed as a residential contractor or residential remodeler.
(d) "Residential real estate" means a new or existing building constructed for habitation by one to four families, and includes detached garages intended for storage of vehicles associated with the residential real estate.
(e) "Fund" means the contractor recovery fund.
(f) "Owner" when used in connection with real property, means a person who has any legal or equitable interest in real property and includes a condominium or townhome association that owns common property located in a condominium building or townhome building or an associated detached garage.� Owner does not include any real estate developer or any owner using, or intending to use, the property for a business purpose and not as owner‑occupied residential real estate.
Sec. 16.� Minnesota Statutes 2016, section 326B.89, subdivision 5, is amended to read:
Subd. 5.� Payment
limitations.� The commissioner shall
not pay compensation from the fund to an owner or a lessee in an amount greater
than $75,000 per licensee.� The
commissioner shall not pay compensation from the fund to owners and lessees in
an amount that totals more than $150,000 $300,000 per licensee.� The commissioner shall only pay compensation
from the fund for a final judgment that is based on a contract directly between
the licensee and the homeowner or lessee that was entered into prior to the
cause of action and that requires licensure as a residential building
contractor or residential remodeler.
Sec. 17.� Laws 2015, First Special Session chapter 1, article 1, section 5, subdivision 2, is amended to read:
Subd. 2.� Workers'
Compensation |
|
15,226,000 |
|
17,782,000 |
This appropriation is from the workers' compensation fund.
$4,000,000 in fiscal year 2016 and $6,000,000 in fiscal year 2017 are for workers' compensation system upgrades and are available through June 30, 2021.� The base appropriation for this purpose is $3,000,000 in fiscal year 2018 and $3,000,000 in fiscal year 2019.� The base appropriation for fiscal year 2020 and beyond is zero.
This appropriation includes funds for information technology project services and support subject to the provisions of Minnesota Statutes, section 16E.0466.� Any ongoing information technology costs will be incorporated into the service level agreement and will be paid to the Office of MN.IT Services by the commissioner of labor and industry under the rates and mechanism specified in that agreement.
Sec. 18.� Laws 2017, chapter 68, article 1, section 1, is amended to read:
Section 1.� Minnesota Statutes 2016, section 181A.04, subdivision 6, is amended to read:
Subd. 6.� Time of day, high school students.� A high school student must not be permitted to work after 11:00 p.m. on an evening before a school day or before 5:00 a.m. on a school day, except:
(1) as permitted by section 181A.07,
subdivisions 1, 2, 3, and 4; oder
(2) for this subdivision does not
apply to a high school student age 18 or older, if unless the
student provides a written request for the hours restrictions to the
employer to work during the restricted hours. at least two weeks
before any restricted hours begin; or
(3) if a high school student under the age of 18 has supplied the employer with a note signed by the parent or guardian of the student, the student may be permitted to work until 11:30 p.m. on the evening before a school day and beginning at 4:30 a.m. on a school day.
For the purpose of this subdivision, a high school student does not include a student enrolled in an alternative education program approved by the commissioner of education or an area learning center, including area learning centers under sections 123A.05 to 123A.08 or according to section 122A.163.
Sec. 19.� REPEALER.
Minnesota Statutes 2016, section
326B.89, subdivision 14, is repealed.
ARTICLE 3
WORKERS' COMPENSATION ADVISORY COUNCIL;
DEPARTMENT PROPOSALS
Section 1.� Minnesota Statutes 2016, section 176.135, is amended by adding a subdivision to read:
Subd. 9.� Designated
contact person and required training related to submission and payment of
medical bills.� (a) For
purposes of this subdivision:
(1) "clearinghouse" means a
health care clearinghouse as defined in section 62J.51, subdivision 11a, that
receives or transmits workers' compensation electronic transactions as
described in section 62J.536;
(2) "department" means the
Department of Labor and Industry;
(3)
"hospital" means a hospital licensed in this state;
(4) "payer" means:
(i) a workers' compensation insurer;
(ii) an employer, or group of
employers, authorized to self-insure for workers' compensation liability; and
(iii) a third-party administrator licensed
by the Department of Commerce under section 60A.23, subdivision 8, to pay or
review workers' compensation medical bills under this chapter; and
(5) "submission or payment of
medical bills" includes the submission, transmission, receipt, acceptance,
response, adjustment, and payment of medical bills under this chapter.
(b) Effective November 1, 2017, each
payer, hospital, and clearinghouse must provide the department with the name
and contact information of a designated employee to answer inquiries related to
the submission or payment of medical bills.�
Payers, hospitals, and clearinghouses must provide the department with
the name of a new designated employee within 14 days after the previously
designated employee is no longer employed or becomes unavailable for more than
30 days.� The name and contact
information of the designated employee must be provided on forms and at
intervals prescribed by the department.� The
department must post a directory of the designated employees on the
department's Web site.
(c) The designated employee under
paragraph (b) must:
(1) complete training, provided by the
department, about submission or payment of medical bills; and
(2) respond within 30 days to written
department inquiries related to submission or payment of medical bills.
The training requirement in clause (1) does not apply to a
payer that has not received any workers' compensation medical bills in the 12
months before the training becomes available.
(d) The commissioner may assess
penalties, payable to the assigned risk safety account, against payers,
hospitals, and clearinghouses for violation of this subdivision as provided in
clauses (1) to (3):
(1) for failure to comply with the
requirements in paragraph (b), the commissioner may assess a penalty of $50 for
each day of noncompliance after the department has provided the noncompliant
payer, clearinghouse, or hospital with a 30-day written warning;
(2) for failure of the designated
employee to complete training under paragraph (c), clause (1), within 90 days
after the department has notified a payer, clearinghouse, or hospital's
designated employee that required training is available, the commissioner may
assess a penalty of $3,000;
(3) for failure to respond within 30
days to a department inquiry related to submission or payment of medical bills
under paragraph (c), clause (2), the commissioner may assess a penalty of
$3,000.� The commissioner shall not
assess a penalty under both this clause and section 176.194, subdivision 3,
clause (6), for failure to respond to the same department inquiry.
EFFECTIVE
DATE.� This section is
effective October 1, 2017.
Sec. 2.� Minnesota Statutes 2016, section 176.1362, subdivision 1, is amended to read:
Subdivision
1.� Payment
based on Medicare MS-DRG system.� (a)
Except as provided in subdivisions 2 and 3, the maximum reimbursement
for inpatient hospital services, articles, and supplies is 200 percent of the
amount calculated for each hospital under the federal Inpatient Prospective
Payment System developed for Medicare, using the inpatient Medicare PC-Pricer
program for the applicable MS-DRG as provided in paragraph (b) this
subdivision.� All adjustments
included in the PC-Pricer program are included in the amount calculated,
including but not limited to any outlier payments.
(b) Payment under this section is effective for services, articles, and supplies provided to patients discharged from the hospital on or after January 1, 2016.� Payment for services, articles, and supplies provided to patients discharged on January 1, 2016, through December 31, 2016, must be based on the Medicare PC-Pricer program in effect on January 1, 2016.
(c) For patients discharged on or after
the effective date of this section, payment for inpatient services,
articles, and supplies for patients discharged in each calendar year
thereafter must be based on calculated according to the
PC-Pricer program in effect on January 1 of the year of discharge identified
on Medicare's Web site as FY 2016.1, updated on January 19, 2016.
(d) For patients discharged on or after
October 1, 2017, payment for inpatient services, articles, and supplies must be
calculated according to the PC-Pricer program posted on the Department of Labor
and Industry's Web site as follows:
(1) No later than October 1, 2017, and
October 1 of each subsequent year, the commissioner must post on the
department's Web site the version of the PC-Pricer program that is most
recently available on Medicare's Web site as of the preceding July 1.� If no PC-Pricer program is available on the
Medicare Web site on any July 1, the PC-Pricer program most recently posted on
the department's Web site remains in effect.
(2) The commissioner must publish notice
of the applicable PC-Pricer program in the State Register no later than October
1 of each year.
(e) The MS-DRG grouper software or
program that corresponds to the applicable version of the PC-Pricer program
must be used to determine payment under this subdivision.
(c) (f) Hospitals must bill
workers' compensation insurers using the same codes, formats, and details that
are required for billing for hospital inpatient services by the Medicare
program.� The bill must be submitted to
the insurer within the time period required by section 62Q.75, subdivision 3.� For purposes of this section,
"insurer" includes both workers' compensation insurers and
self-insured employers.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 3.� Minnesota Statutes 2016, section 176.1362, subdivision 2, is amended to read:
Subd. 2.� Payment
for catastrophic, high-cost injuries.� (a)
If the hospital's total usual and customary charges for services, articles, and
supplies for a patient's hospitalization exceed a threshold of $175,000, annually
adjusted as provided in paragraph (b), reimbursement must not be based on the
MS-DRG system, but must instead be paid at 75 percent of the hospital's
usual and customary charges.� The
threshold amount in effect on the date of discharge determines the
applicability of this paragraph.
(b) Beginning On January 1,
2017, and each January 1 thereafter, the commissioner must adjust the
previous year's threshold by the percent
change in average total charges per inpatient case, using data available as of October
1 for non-Critical Access Hospitals from the Health Care Cost
Information System maintained by the Department of
Health
pursuant to chapter 144.� Beginning
October 1, 2017, and each October 1 thereafter, the commissioner must adjust
the previous threshold using the data available as of the preceding July 1.� The commissioner must annually publish
notice of the updated threshold in the State Register.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 4.� Minnesota Statutes 2016, section 176.275, subdivision 1, is amended to read:
Subdivision 1.� Filing.� If a document is required to be filed by
this chapter or any rules adopted pursuant to authority granted by this
chapter, the filing shall be completed by the receipt of the document at the
division, department, office, or the court of appeals.� The division, department, office, and the
court of appeals shall accept any document which has been delivered to it for
legal filing, but may refuse to accept any form or document that lacks the
name of the injured employee, employer, or insurer, the date of injury, or the
injured employee's Social Security number information required by
statute or rule.� The division,
department, office, and court of appeals are not required to maintain, and may
destroy, a duplicate of a form or document that has already been filed.� If a workers' compensation identification
number has been assigned by the department, it may be substituted for the
Social Security number on a form or document.�
If the injured employee has fewer than three days of lost time from
work, the party submitting the required document must attach to it, at the time
of filing, a copy of the first report of injury.
A notice or other document required to be served or filed at either the department, the office, or the court of appeals which is inadvertently served or filed at the wrong one of these agencies shall be deemed to have been served or filed with the proper agency.� The receiving agency shall note the date of receipt of a document and shall forward the documents to the proper agency no later than two working days following receipt.
Sec. 5.� Minnesota Statutes 2016, section 176.285, is amended to read:
176.285
SERVICE OF PAPERS AND NOTICES; ELECTRONIC FILING.
Subdivision 1.� Service by mail.� Service of papers and notices shall be by mail or otherwise as the commissioner or the chief administrative law judge may by rule direct.� Where service is by mail, service is effected at the time mailed if properly addressed and stamped.� If it is so mailed, it is presumed the paper or notice reached the party to be served.� However, a party may show by competent evidence that that party did not receive it or that it had been delayed in transit for an unusual or unreasonable period of time.� In case of nonreceipt or delay, an allowance shall be made for the party's failure to assert a right within the prescribed time.
Subd. 2.� Electronic
service and filing.� (a)
Where a statute or rule authorizes or requires a document to be filed with or
served on an agency, the document may be filed electronically if electronic
filing is authorized by the agency and if the document is transmitted in the
manner and in the format specified by the agency.� If electronic filing of a document is
authorized by the agency and a statute or rule requires a copy of the document
to be provided or served on another person or party, the document filed
electronically with the agency and provided or served on the other person or
party must contain the same information in the format required by the
commissioner.
(b) Where a statute or rule
authorizes or requires a person's signature on a document to be filed with or
served on an agency, the signature may be an electronic signature, as
defined by section 325L.02, or transmitted electronically, if authorized by
the agency and if the signature is transmitted in the manner and format
specified by the agency.� The
commissioner may require that a document authorized or required to be filed
with the commissioner, department, or division be filed electronically in the
manner and format specified by the commissioner, except that an employee must
not be required to file a document electronically unless the document is filed
by an attorney on behalf of an employee.�
An agency may serve a document electronically if the recipient agrees
to receive it in an electronic format.�
The department or court may adopt rules for the certification of
signatures.
(c)
An agency may serve a document electronically on a payer, rehabilitation
provider, or attorney.� An agency may
serve a document on any other party if the recipient agrees to receive it in an
electronic format.� The date of
electronic service of a document is the date the recipient is sent a document
electronically, or the date the recipient is notified that the document is
available on a Web site, whichever occurs first.
(d) When the electronic filing of a legal document with the department marks the beginning of a prescribed time for another party to assert a right, the prescribed time for another party to assert a right shall be lengthened by two calendar days when it can be shown that service to the other party was by mail.
Subd. 3.� Proof of service.� The commissioner and the chief administrative law judge shall ensure that proof of service of all papers and notices served by their respective agencies is placed in the official file of the case.
Subd. 4.� Definitions;
applicability.� (a) For
purposes of this section, "agency" means the workers' compensation
division, the Department of Labor and Industry, the commissioner of the
Department of Labor and Industry, the Office of Administrative Hearings, the
chief administrative law judge, or the Workers' Compensation Court of Appeals.� "Document" includes documents,
reports, notices, orders, papers, forms, information, and data elements that
are authorized or required to be filed with an agency or the commissioner or
that are authorized or required to be served on or by an agency or the
commissioner.� "Payer" means
a workers' compensation insurer, self‑insurer employer, or third-party
administrator.
(b) Except as otherwise modified by this section, the provisions of chapter 325L apply to electronic signatures and the electronic transmission of documents under this section.
Sec. 6.� Minnesota Statutes 2016, section 176.541, subdivision 1, is amended to read:
Subdivision 1.� Application of chapter to state employees.� This chapter applies to the employees of any department of this state as defined in section 3.732, subdivision 1, clause (1).
Sec. 7.� Minnesota Statutes 2016, section 176.541, is amended by adding a subdivision to read:
Subd. 7a.� Exceptions.� This section does not apply to the
University of Minnesota.
Sec. 8.� Minnesota Statutes 2016, section 176.541, subdivision 8, is amended to read:
Subd. 8.� State
may insure.� The state of Minnesota
may elect to insure its liability under the workers' compensation law for
persons employed under the federal Emergency Employment Act of 1971, as
amended, and the Comprehensive Employment and Training Act of 1973, as amended
Workforce Innovation and Opportunity Act, and similar programs, with an
insurer properly licensed in Minnesota.
Sec. 9.� Minnesota Statutes 2016, section 176.611, subdivision 2, is amended to read:
Subd. 2.� State
departments.� Every department of the
state, including the University of Minnesota, shall reimburse the fund
for money paid for its claims and the costs of administering the revolving fund
at such times and in such amounts as the commissioner of administration shall
certify has been paid out of the fund on its behalf.� The heads of the departments shall anticipate
these payments by including them in their budgets.� In addition, the commissioner of
administration, with the approval of the commissioner of management and budget,
may require an agency to make advance payments to the fund sufficient to cover
the agency's estimated obligation for a period of at least 60 days.� Reimbursements and other money received by
the commissioner of administration under this subdivision must be credited to
the state compensation revolving fund.
Sec. 10.� REPEALER.
Minnesota Statutes 2016, section
176.541, subdivision 7, is repealed.
Sec. 11.� EFFECTIVE
DATE.
This article is effective the day
following final enactment.
ARTICLE 4
WORKERS' COMPENSATION ADVISORY COUNCIL;
SPECIAL COMPENSATION FUND
Section
1.� [176.1292]
FORBEARANCE OF AMOUNTS OWED TO THE SPECIAL COMPENSATION FUND.
Subdivision 1.� Definitions.� For purposes of this section, the
following definitions apply.
(a) "Payer" means a workers'
compensation insurer, or an employer or group of employers that are
self-insured for workers' compensation.
(b) "Retirement benefits"
means retirement benefits paid by any government retirement benefit program and
received by employees, other than old age and survivor insurance benefits
received under the federal Social Security Act, United States Code, title 42,
sections 401 to 434.� Retirement benefits
include retirement annuities, optional annuities received in lieu of retirement
benefits, and any other benefit or annuity paid by a government benefit program
that is not clearly identified as a disability benefit or disability annuity in
the applicable governing statute.
Subd. 2.� Payment
of permanent total disability benefits to employees, dependents, and legal
heirs.� (a) A payer is
entitled to the relief described in subdivisions 3 and 4 only if the payer
complies with all of the conditions in paragraphs (b) to (d) for all of the
payer's permanently totally disabled employees and documents compliance
according to the procedures and forms established by the commissioner under
subdivision 7.
(b) Except as provided in paragraph
(e), the payer must:
(1) recharacterize supplementary
benefits paid to all employees as permanent total disability benefits if the
supplementary benefits were paid because the permanent total disability
benefits were reduced by retirement benefits received by the employee;
(2) pay all permanently totally
disabled employees, regardless of the date of injury, past and future permanent
total disability benefits calculated without any reduction for retirement
benefits received by the employees, from the date the employees' benefits were
first reduced; and
(3) for all deceased employees, pay the
employees' dependents or, if none, the employees' legal heirs, the permanent
total disability benefits the deceased employees would have received if the
benefits had been calculated without any reduction for retirement benefits
received by the employees.
(c) A payer may take a credit against its
obligations under paragraph (b), clauses (2) and (3), for:
(1) supplementary benefits previously
paid to an employee that have been recharacterized as permanent total
disability benefits under paragraph (b), clause (1); and
(2) permanent total disability benefits
previously paid to an employee.
(d)
The payer must pay the permanent total disability benefits as provided in
paragraphs (b) and (c) within the time frames described in clauses (1) to (4).� More than one time frame may apply to a
claim.
(1) No later than 150 days following
final enactment, the payer must begin paying the recalculated permanent total
disability benefit amounts to employees who are entitled to ongoing permanent
total disability benefits.
(2) No later than 210 days following
final enactment, the payer must pay employees the amounts that past permanent
total disability benefits were underpaid.
(3) No later than 270 days following
final enactment, the payer must pay the employees' dependents or legal heirs
the amounts that permanent total disability benefits were underpaid.
(4) The commissioner may waive payment
under paragraphs (b) and (c) or extend these time frames if the payer, after
making a good-faith effort, is unable to:�
locate an employee; identify or locate the dependents or legal heirs of
a deceased employee; or locate documentation to determine the amount of an
underpayment.
(e) Paragraphs (a) to (d) do not apply
if:
(1) the employee died before January 1,
2008;
(2) the employee's last permanent total
disability benefit was paid before January 1, 2000;
(3) the employee's last permanent total
disability benefit would have been paid before January 1, 2000, if it had not
been reduced by his or her retirement benefits;
(4) a stipulation for settlement,
signed by the employee and approved by a compensation judge, provided for a
full, final, and complete settlement of permanent total disability benefits
under this chapter in exchange for a lump sum payment amount or a lump sum
converted to a structured annuity;
(5) a final court order, or a
stipulation for settlement signed by the employee and approved by a
compensation judge, explicitly states the employee's permanent total disability
benefits may be reduced by specified retirement benefits.� Paragraphs (a) to (d) apply if a court order
or stipulation for settlement is ambiguous about whether the employee's
permanent total disability benefits could be reduced by retirement benefits; or
(6) a final court order or a stipulation
for settlement described in clause (4) or (5) was vacated after the effective
date of this section.
Subd. 3.� Reimbursement
of supplementary benefits.� (a)
Except as provided in subdivision 9, paragraph (a), clause (2), a payer that
has complied with the requirements of subdivision 2, paragraphs (a) to (d):
(1) is not required to repay
supplementary benefits for any claim that the special compensation fund over
reimbursed due to the payer's reduction of any employee's permanent total
disability benefits by retirement benefits received by the employee;
(2) is entitled to reimbursement of
supplementary benefits paid or payable before August 13, 2014, to the extent
the special compensation fund denied reimbursement due to the payer's reduction
of any employee's permanent total disability benefits by the employee's
retirement benefits; and
(3) is entitled to reimbursement of
supplementary benefits the special compensation fund withheld under section
176.129, subdivision 13, paragraph (a), to offset supplementary benefits that
were over reimbursed due to the payer's reduction of any employee's permanent
total disability benefits by the employee's retirement benefits.
(b)
Paragraph (a) does not preclude the special compensation fund from denying
reimbursement of supplementary benefits, or adjusting the reimbursement amount,
for any reason other than reduction of permanent total disability benefits by
the employee's retirement benefits.
Subd. 4.� Assessments.� (a) Except as provided in subdivision
6, paragraph (b), clause (2), and subdivision 9, paragraph (a), clause (2), a
payer that has complied with the requirements of subdivision 2, paragraphs (a)
to (d), is not required to pay past or future assessments under section 176.129
on the amount of increased or additional permanent total disability benefits
paid, or on supplementary benefits that are appropriately characterized as
permanent total disability benefits, due to the elimination of the retirement
benefit reduction.
(b) The special compensation fund shall
not recalculate assessments previously paid by any payer because of the
assessment adjustments in paragraph (a).
(c) The assessment adjustments described
in paragraph (a) do not apply to permanent total disability benefits paid to
employees with dates of injury on or after August 13, 2014.� Payers must pay full assessments according to
section 176.129 on permanent total disability benefits calculated without a
reduction for retirement benefits for these employees.
Subd. 5.� Refunds.� (a) A payer is entitled to a refund
from the special compensation fund if:
(1) the payer complies with the
requirements of subdivision 2, paragraphs (a) to (d); and
(2) due to the elimination of the
retirement benefit reduction, the payer repaid the special compensation fund
for over reimbursement of supplementary benefits, or paid assessments on the
increased permanent total disability benefits for employees with dates of
injury before August 13, 2014.
(b) The special compensation fund must
issue a refund within 30 days after receiving the payer's documentation of
compliance with subdivision 2, paragraphs (a) to (d), and an itemization by
claim of the amount repaid or paid to the special compensation fund as
described in paragraph (a), clause (2).
(c) The special compensation fund must
pay interest on any refunded amount under this section to the payer at an
annual rate of four percent, calculated from the date the payer repaid or paid
the special compensation fund as described in paragraph (a), clause (2).
Subd. 6. �Applicability.� (a) This section does not preclude any
employee, dependent, or legal heir from pursuing additional benefits beyond
those paid under subdivision 2, paragraphs (b) to (d); however, the payments
under subdivision 2, paragraphs (b) to (d), are not to be construed as an
admission of liability by the payer in any proceeding.� The payments cannot be used to justify
additional claims; they represent a compromise between the payer and the
special compensation fund on supplementary benefits and assessments.� Payers reserve any and all defenses to claims
to which this section does not apply.
(b) If an employee, dependent, or legal
heir pursues additional benefits, claims, or penalties related to the benefits
paid or payable under subdivision 2, paragraphs (b) to (d), payers may assert
any and all defenses including, but not limited to, those specified in
subdivision 2, paragraph (e), clauses (4) and (5), with respect to the
additional benefits, claims, and penalties, and any future permanent total disability
benefits payable, subject to the following conditions:
(1) if it is determined by a
compensation judge, the Workers' Compensation Court of Appeals, or the
Minnesota Supreme Court that the payer is entitled to reduce the employee's
permanent total disability benefits by retirement benefits received by the
employee, the payer shall not recover any overpayment that results from
benefits the employee, dependent, or legal
heir has already received under subdivision 2, paragraphs (b) to (d).� Notwithstanding section 176.129, the payer
shall not take a credit against an employee's future benefits for any such
overpayment; and
(2)
if it is determined by a compensation judge, the Workers' Compensation Court of
Appeals, or the Minnesota Supreme Court that the payer is not entitled to
reduce the employee's permanent total disability benefits by retirement
benefits received by the employee, the payer is not entitled to the relief
provided in subdivision 4 as applied to the claim of the specific employee,
dependent, or legal heir.
(c) A payer shall not assert defenses
related to the offset of retirement benefits against an employee's future
permanent total disability benefits if the only additional claims asserted by
the employee under paragraph (b) are for attorney fees, costs and
disbursements, and an additional award pursuant to section 176.081, subdivision
7.
Subd. 7.� Procedure.� No later than 60 days after final
enactment, in consultation with affected payers, the commissioner must
establish a procedure, which may include forms, to implement this section.
Subd. 8.� Reporting.� This section does not affect a payer's
obligation to report the full amount of permanent total disability benefits
paid to the extent required by this chapter or other law.� A payer must report supplementary benefits as
permanent total disability benefits if the supplementary benefits were paid
because the permanent total disability benefits were reduced by retirement
benefits received by the employee.
Subd. 9.� Failure
to comply.� (a) If a payer
reports to the department that it has complied with the requirements of
subdivision 2, paragraphs (a) to (d), but the payer has not paid an employee,
dependent, or legal heir, as required by subdivision 2, the payer is subject to
the following:
(1) the payer must issue payment to the
employee, dependent, or legal heir within 14 days of the date the payer
discovers the noncompliance or the date the department notifies the payer of
the noncompliance;
(2) the payer is not entitled to the relief
provided in subdivisions 3 and 4 as applied to the claim of the specific
employee, dependent, or legal heir who was not paid as required by subdivision
2;
(3) the special compensation fund may
immediately begin collection of any assessments or over-reimbursement owed for
the claim;
(4) if the commissioner determines that
a payer's failure to comply under this subdivision was not in good faith, the
commissioner may assess a penalty, payable to the employee, dependent, or legal
heir, of up to 25 percent of the total permanent total disability benefits
underpaid; and
(5) if the payer is found after a
hearing to be liable for increased or additional permanent total disability
benefits because the employee's permanent total disability benefits were improperly
reduced by his or her retirement benefits, the compensation judge shall assess
a penalty against the payer, payable to the employee or dependent, up to the
total amount of the permanent total disability benefits that were not paid
pursuant to subdivision 2.� The
compensation judge may issue a penalty against the payer, up to the total
amount of the permanent total disability benefits underpaid, payable to a legal
heir.
(b) The penalties assessed under this
subdivision are in addition to any other penalty that may be, or is required to
be, assessed under this chapter; however, the commissioner shall not assess a
penalty against a payer for late payment of permanent total disability benefits
if the employee's benefits have been paid and documented in accordance with
subdivision 2.
(c) If a payer and the special
compensation fund have agreed to a list of employees required to be paid under
subdivision 2, this subdivision does not apply to any claim with a date of
injury before October 1, 1995, that is not on the agreed-upon list.
EFFECTIVE
DATE.� This section is
effective the day after final enactment.
ARTICLE 5
WORKERS' COMPENSATION ADVISORY COUNCIL;
WORKERS' COMPENSATION INTERVENTION
Section 1.� Minnesota Statutes 2016, section 176.361, subdivision 2, is amended to read:
Subd. 2.� Written motion.� A person desiring to intervene in a workers' compensation case as a party, including but not limited to a health care provider who has rendered services to an employee or an insurer who has paid benefits under section 176.191, shall submit a timely written motion to intervene to the commissioner, the office, or to the court of appeals, whichever is applicable.
(a) The motion must be served on all parties, except for other intervenors, either personally, by first class mail, or by registered mail, return receipt requested.� A motion to intervene must be served and filed within 60 days after a potential intervenor has been served with notice of a right to intervene or within 30 days of notice of an administrative conference or expedited hearing.� Upon the filing of a timely motion to intervene, the potential intervenor shall be granted intervenor status without the need for an order.� Objections to the intervention may be subsequently addressed by a compensation judge.� Where a motion to intervene is not timely filed under this section, the potential intervenor interest shall be extinguished and the potential intervenor may not collect, or attempt to collect, the extinguished interest from the employee, employer, insurer, or any government program.
(b) The motion must show how the applicant's legal rights, duties, or privileges may be determined or affected by the case; state the grounds and purposes for which intervention is sought; and indicate the statutory right to intervene.� The motion must be accompanied by the following:
(1) an itemization of disability payments showing the period during which the payments were or are being made; the weekly or monthly rate of the payments; and the amount of reimbursement claimed;
(2) a summary of the medical or treatment payments, or rehabilitation services provided by the Vocational Rehabilitation Unit, broken down by creditor, showing the total bill submitted, the period of treatment or rehabilitation covered by that bill, the amount of payment on that bill, and to whom the payment was made;
(3) copies of all medical or treatment bills for which payment is sought;
(4) copies of the work sheets or other information stating how the payments on medical or treatment bills were calculated;
(5) a copy of the relevant policy or contract provisions upon which the claim for reimbursement is based;
(6) the name and telephone number of the person representing the intervenor who has authority to represent the intervenor, including but not limited to the authority to reach a settlement of the issues in dispute;
(7) proof of service or copy of the registered mail receipt evidencing service on all parties except for other intervenors;
(8) at the option of the intervenor, a proposed stipulation which states that all of the payments for which reimbursement is claimed are related to the injury or condition in dispute in the case and that, if the petitioner is successful in proving the compensability of the claim, it is agreed that the sum be reimbursed to the intervenor; and
(9) if represented by an attorney, the name, address, telephone number, and Minnesota Supreme Court license number of the attorney.
Sec. 2.� Minnesota Statutes 2016, section 176.361, subdivision 3, is amended to read:
Subd. 3.� Stipulation.� If the person submitting the filing
a timely motion to intervene has included a proposed stipulation, all
parties shall either execute and return the signed stipulation to the
intervenor who must file it with the division or judge or serve upon the
intervenor and all other parties and file with the division specific and
detailed objections to any services rendered or payments made by the
intervenor which are not conceded to be correct and related to the injury or
condition the petitioner has asserted is compensable.� If a party has not returned the signed
stipulation or filed specific and detailed objections within 30 days of service
of the motion to intervene, the intervenor's right to reimbursement for the
amount sought is deemed established provided that the petitioner's claim is
determined to be compensable.� The office
may establish procedures for filing objections if a timely motion to intervene
is filed less than 30 days before a scheduled hearing.
Sec. 3.� Minnesota Statutes 2016, section 176.521, is amended by adding a subdivision to read:
Subd. 2b.� Partial
settlement.� (a) The parties
may file a partial stipulation for settlement which resolves the claims of the
employee and reserves the claims of one or more intervenors.� If the partial stipulation, or a letter of
agreement attached to the partial stipulation, is not signed by an intervenor,
the partial stipulation must include a statement that the parties were unable
to:
(1) obtain a response from the
nonsigning intervenor regarding clarification or confirmation of its interest
or an offer of settlement within a reasonable time despite good-faith efforts
to obtain a response;
(2) reach agreement with the nonsigning
intervenor despite the belief that the parties negotiated with the intervenor
in good faith and made a reasonable offer to settle the intervention claim; or
(3) obtain the nonsigning intervenor's
signature within a reasonable time after an agreement was reached with the
intervenor.
The partial stipulation must include detailed and
case-specific support for the parties' statements.� In addition, the partial stipulation must
reserve the nonsigning intervenor's interests to pursue its claim at a hearing
on the merits, and must contain a statement that the employee will cooperate at
the hearing.
(b) Prior to filing the partial
stipulation for approval, a copy of the partial stipulation must be served on
all parties, including the nonsigning intervenor, together with a written
notification that the settling parties intend to file the partial stipulation
for approval by a compensation judge and of the nonsigning intervenor's right
to request a hearing on the merits of the intervenor's claim.
(c) Within ten days after service of a
partial stipulation for settlement and notice of an intent to file for approval
by a compensation judge, a nonsigning intervenor may serve and file a written
objection to approval of the partial stipulation, which filing must provide a
detailed and case-specific factual basis establishing that approval of the
partial stipulation will adversely impact the rights of the intervenor.
(d) After expiration of the ten-day
period within which a nonsigning intervenor may serve and file its written
objection, any party may file for approval a partial stipulation for settlement
which conforms with this section.� An
affidavit of service must accompany the partial stipulation when it is filed
for approval.
(e) Unless the compensation judge has a
reasonable belief that approval of the partial stipulation will adversely
impact the rights of the nonsigning intervenor, the compensation judge shall
immediately issue the award and file it with the commissioner.� The issuance of the award shall be
accompanied by notice to the intervenors and other parties of their right to
request amended findings within a period of 30 days following the date of
issuance in conformity with applicable law.
(f)
If the compensation judge has a reasonable belief that approval of the partial
stipulation will adversely impact the rights of the intervenor, the
compensation judge shall disapprove the stipulation by written order detailing
a factual basis for the determination of adverse impact.
Sec. 4.� RULEMAKING.
The Office of Administrative Hearings is
directed to use the expedited rulemaking provisions of Minnesota Statutes,
section 14.389, to amend Minnesota Rules, part 1420.1850, to conform to the
amendments of Minnesota Statutes, section 176.361, subdivision 3.
ARTICLE 6
EMPLOYMENT AND ECONOMIC DEVELOPMENT
Section 1.�
[116J.4221] RURAL POLICY AND
DEVELOPMENT CENTER FUND.
(a) A rural policy and development
center fund is established as an account in the special revenue fund in the
state treasury.� The commissioner of
management and budget shall credit to the account the amounts authorized under
this section and appropriations and transfers to the account.� The State Board of Investment shall ensure
that account money is invested under section 11A.24.� All money earned by the account must be
credited to the account.� The principal
of the account and any unexpended earnings must be invested and reinvested by
the State Board of Investment.
(b) Gifts and donations, including land
or interests in land, may be made to the account.� Noncash gifts and donations must be disposed
of for cash as soon as the board prudently can maximize the value of the gift
or donation.� Gifts and donations of
marketable securities may be held or be disposed of for cash at the option of
the board.� The cash receipts of gifts
and donations of cash or capital assets and marketable securities disposed of
for cash must be credited immediately to the principal of the account.� The value of marketable securities at the
time the gift or donation is made must be credited to the principal of the
account and any earnings from the marketable securities are earnings of the
account.� The earnings in the account are
annually appropriated to the board of the Center for Rural Policy and
Development to carry out the duties of the center.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 2.� Minnesota Statutes 2016, section 116J.8731, subdivision 2, is amended to read:
Subd. 2.� Administration.� (a) Except as otherwise provided in this section, the commissioner shall administer the fund as part of the Small Cities Development Block Grant Program and funds shall be made available to local communities and recognized Indian tribal governments in accordance with the rules adopted for economic development grants in the small cities community development block grant program.� All units of general purpose local government are eligible applicants for Minnesota investment funds.� The commissioner may provide forgivable loans directly to a private enterprise and not require a local community or recognized Indian tribal government application other than a resolution supporting the assistance.
(b) Eligible applicants for the state-funded portion of the fund also include development authorities as defined in section 116J.552, subdivision 4, provided that the governing body of the municipality approves, by resolution, the application of the development authority.� A local government entity may receive more than one award in a fiscal year.� The commissioner may also make funds available within the department for eligible expenditures under subdivision 3, clause (2).
(c) A home rule charter or statutory city, county, or town may loan or grant money received from repayment of funds awarded under this section to a regional development commission, other regional entity, or statewide community capital fund as determined by the commissioner, to capitalize or to provide the local match required for capitalization of a regional or statewide revolving loan fund.
Sec. 3.� Minnesota Statutes 2016, section 116J.8731, is amended by adding a subdivision to read:
Subd. 10.� Transfer.� The commissioner may transfer up to
$2,000,000 of a fiscal year's appropriation between the Minnesota job creation
fund program and Minnesota investment fund to meet business demand.
Sec. 4.� Minnesota Statutes 2016, section 116J.8748, subdivision 1, is amended to read:
Subdivision 1.� Definitions.� (a) For purposes of this section, the following terms have the meanings given.
(b) "Agreement" or "business subsidy agreement" means a business subsidy agreement under section 116J.994 that must include, but is not limited to:� specification of the duration of the agreement, job goals and a timeline for achieving those goals over the duration of the agreement, construction and other investment goals and a timeline for achieving those goals over the duration of the agreement, and the value of benefits the firm may receive following achievement of capital investment and employment goals.� The local government and business must report to the commissioner on the business performance using the forms developed by the commissioner.
(c) "Business" means an individual, corporation, partnership, limited liability company, association, or other entity.
(d) "Capital investment" means money that is expended for the purpose of building or improving real fixed property where employees under paragraphs (g) and (h) are or will be employed and also includes construction materials, services, and supplies, and the purchase and installation of equipment and machinery as provided under subdivision 4, paragraph (b), clause (5).
(e) "Commissioner" means the commissioner of employment and economic development.
(f) "Minnesota job creation fund business" means a business that is designated by the commissioner under subdivision 3.
(g) "Minority person" means a
person belonging to a racial or ethnic minority as defined in Code of Federal
Regulations, title 49, section 23.5.
(g) (h) "New full-time
employee" means an employee who:
(1) begins work at a Minnesota job creation fund business facility noted in a business subsidy agreement and following the designation as a job creation fund business; and
(2) has expected work hours of at least 2,080 hours annually.
(i) "Persons with
disabilities" means an individual with a disability, as defined under the
Americans with Disabilities Act, United States Code, title 42, section 12102.
(h) (j) "Retained
job" means a full-time position:
(1) that existed at the facility prior to the designation as a job creation fund business; and
(2) has expected work hours of at least 2,080 hours annually.
(k) "Veteran" means a veteran
as defined in section 197.447.
(i) (l) "Wages"
has the meaning given in section 290.92, subdivision 1, clause (1).
Sec. 5.� Minnesota Statutes 2016, section 116J.8748, subdivision 3, is amended to read:
Subd. 3.� Minnesota job creation fund business designation; requirements.� (a) To receive designation as a Minnesota job creation fund business, a business must satisfy all of the following conditions:
(1) the business is or will be engaged in, within Minnesota, one of the following as its primary business activity:
(i) manufacturing;
(ii) warehousing;
(iii) distribution;
(iv) information technology;
(v) finance;
(vi) insurance; or
(vii) professional or technical services;
(2) the business must not be primarily engaged in lobbying; gambling; entertainment; professional sports; political consulting; leisure; hospitality; or professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants, or primarily engaged in making retail sales to purchasers who are physically present at the business's location;
(3) the business must enter into a binding construction and job creation business subsidy agreement with the commissioner to expend directly, or ensure expenditure by or in partnership with a third party constructing or managing the project, at least $500,000 in capital investment in a capital investment project that includes a new, expanded, or remodeled facility within one year following designation as a Minnesota job creation fund business or $250,000 if the project 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; and:
(i) create at least ten new full-time employee positions within two years of the benefit date following the designation as a Minnesota job creation fund business or five new full-time employee positions within two years of the benefit date if the project 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; or
(ii) expend at least $25,000,000, which may include the installation and purchase of machinery and equipment, in capital investment and retain at least 200 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;
(4) positions or employees moved or relocated from another Minnesota location of the Minnesota job creation fund business must not be included in any calculation or determination of job creation or new positions under this paragraph; and
(5) a Minnesota job creation fund business must not terminate, lay off, or reduce the working hours of an employee for the purpose of hiring an individual to satisfy job creation goals under this subdivision.
(b) Prior to approving the proposed designation of a business under this subdivision, the commissioner shall consider the following:
(1) the economic outlook of the industry in which the business engages;
(2) the projected sales of the business that will be generated from outside the state of Minnesota;
(3) how the business will build on existing regional, national, and international strengths to diversify the state's economy;
(4) whether the business activity would occur without financial assistance;
(5) whether the business is unable to expand at an existing Minnesota operation due to facility or land limitations;
(6) whether the business has viable location options outside Minnesota;
(7) the effect of financial assistance on industry competitors in Minnesota;
(8) financial contributions to the project made by local governments; and
(9) any other criteria the commissioner deems necessary.
(c) Upon receiving notification of local approval under subdivision 2, the commissioner shall review the determination by the local government and consider the conditions listed in paragraphs (a) and (b) to determine whether it is in the best interests of the state and local area to designate a business as a Minnesota job creation fund business.
(d) If the commissioner designates a business as a Minnesota job creation fund business, the business subsidy agreement shall include the performance outcome commitments and the expected financial value of any Minnesota job creation fund benefits.
(e) The commissioner may amend an agreement once, upon request of a local government on behalf of a business, only if the performance is expected to exceed thresholds stated in the original agreement.
(f) A business may apply to be designated as a Minnesota job creation fund business at the same location more than once only if all goals under a previous Minnesota job creation fund agreement have been met and the agreement is completed.
Sec. 6.� Minnesota Statutes 2016, 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;
(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 percent of the federal poverty level for a family of four.
(g) A Minnesota job creation fund business
must demonstrate reasonable progress on its 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. 7.� Minnesota Statutes 2016, 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 but less than $35,000; $2,000 for each job position
paying at least $35,000 but less than $45,000; and $3,000 for each job position
paying at least $45,000; 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.
(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. 8.� [116J.9922]
CENTRAL MINNESOTA OPPORTUNITY GRANT PROGRAM.
Subdivision 1.� Definitions.� (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Commissioner" means the
commissioner of employment and economic development.
(c) "Community initiative"
means a nonprofit organization which provides services to central Minnesota
communities of color in one or more of the program areas listed in subdivision
4, paragraph (a).
(d) "Foundation" means the
Central Minnesota Community Foundation.
Subd. 2.� Establishment.� The commissioner shall establish a central
Minnesota opportunity grant program, administered by the foundation, to
identify and support community initiatives in the St. Cloud area that
enhance long-term economic self-sufficiency by improving education, housing,
and economic outcomes for central Minnesota communities of color.
Subd. 3.� Grant
to the Central Minnesota Community Foundation.� The commissioner shall award all grant
funds to the foundation, which shall administer the central Minnesota
opportunity grant program.� The
foundation may use up to five percent of grant funds for administrative costs.
Subd. 4.� Grants
to community initiatives.� (a)
The foundation must award funds through a competitive grant process to
community initiatives that will provide services, either alone or in partnership
with another nonprofit organization, in one or more of the following areas:
(1) economic development, including but
not limited to programs to foster entrepreneurship or small business
development;
(2) education, including but not
limited to programs to encourage civic engagement or provide youth after‑school
or recreation programs; or
(3) housing, including but not limited
to, programs to prevent and respond to homelessness or to provide access to
loans or grants for housing stability and affordability.
(b)
To receive grant funds, a community initiative must submit a written
application to the foundation, using a form developed by the foundation.� This grant application must include:
(1) a description of the activities
that will be funded by the grant;
(2) an estimate of the cost of each
grant activity;
(3) the total cost of the project;
(4) the sources and amounts of nonstate
funds supplementing the grant;
(5) how the project aims to achieve
stated outcomes in areas including improved job training; workforce
development; small business support; early childhood, kindergarten through
grade 12, and higher education achievement; and access to housing, including
loans; and
(6) any additional information
requested by the foundation.
(c) In awarding grants under this
subdivision, the foundation shall give weight to applications from
organizations that demonstrate:
(1) a history of successful provision
of the services listed in paragraph (a); and
(2) a history of successful
fund-raising from private sources for such services.
(d) In evaluating grant applications,
the foundation shall not consider the composition of a community initiative's
governing board.
(e) Grant funds may be used by a
community initiative for the following purposes:
(1) operating costs, including but not
limited to staff, office space, computers, software, and Web development and
maintenance services;
(2) program costs;
(3) travel within Minnesota;
(4) consultants directly related to and
necessary for delivering services listed in paragraph (a); and
(5) capacity building.
Subd. 5.� Reports
to the legislature.� By
January 15, 2019, and each January 15 thereafter through 2022, the commissioner
must submit a report to the chairs and ranking minority members of the house of
representatives and the senate committees with jurisdiction over economic
development that details the use of grant funds.� This report must include data on the number
of individuals served and, to the extent practical, measures of progress toward
achieving the outcomes stated in subdivision 4, paragraph (b), clause (5).
Sec. 9.� Minnesota Statutes 2016, section 116L.17, subdivision 1, is amended to read:
Subdivision 1.� Definitions.� (a) For the purposes of this section, the following terms have the meanings given them in this subdivision.
(b) "Commissioner" means the commissioner of employment and economic development.
(c) "Dislocated worker" means an individual who is a resident of Minnesota at the time employment ceased or was working in the state at the time employment ceased and:
(1) has been permanently separated or has received a notice of permanent separation from public or private sector employment and is eligible for or has exhausted entitlement to unemployment benefits, and is unlikely to return to the previous industry or occupation;
(2) has been long-term unemployed and has limited opportunities for employment or reemployment in the same or a similar occupation in the area in which the individual resides, including older individuals who may have substantial barriers to employment by reason of age;
(3) has been terminated or has received a notice of termination of employment as a result of a plant closing or a substantial layoff at a plant, facility, or enterprise;
(4) has been self-employed, including farmers and ranchers, and is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters;
(5) MS 2011 Supp [Expired, 2011 c 84 art
3 s 1]
(6) (5) is a veteran as
defined by section 197.447, has been discharged or released from active duty
under honorable conditions within the last 36 months, and (i) is unemployed or
(ii) is employed in a job verified to be below the skill level and earning
capacity of the veteran;
(7) (6) is an individual
determined by the United States Department of Labor to be covered by trade
adjustment assistance under United States Code, title 19, sections 2271 to
2331, as amended; or
(8) (7) is a displaced
homemaker.� A "displaced homemaker"
is an individual who has spent a substantial number of years in the home
providing homemaking service and (i) has been dependent upon the financial
support of another; and now due to divorce, separation, death, or disability of
that person, must find employment to self support; or (ii) derived the
substantial share of support from public assistance on account of dependents in
the home and no longer receives such support.�
To be eligible under this clause, the support must have ceased while the
worker resided in Minnesota.
For the purposes of this section, "dislocated
worker" does not include an individual who was an employee, at the time
employment ceased, of a political committee, political fund, principal campaign
committee, or party unit, as those terms are used in chapter 10A, or an
organization required to file with the federal elections commission.
(d) "Eligible organization" means a state or local government unit, nonprofit organization, community action agency, business organization or association, or labor organization.
(e) "Plant closing" means the announced or actual permanent shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment.
(f) "Substantial layoff" means a permanent reduction in the workforce, which is not a result of a plant closing, and which results in an employment loss at a single site of employment during any 30-day period for at least 50 employees excluding those employees that work less than 20 hours per week.
Sec. 10.� Minnesota Statutes 2016, section 116L.665, is amended to read:
116L.665
WORKFORCE DEVELOPMENT COUNCIL BOARD.
Subdivision 1.� Creation.� The governor's Workforce Development Council
is created under the authority of the Workforce Investment Act, United States
Code, title 29, section 2801, et seq.� Local
workforce development councils are authorized under the Workforce Investment
Act.� The governor's Workforce
Development Council serves as Minnesota's Workforce Investment Board for the
purposes of the federal Workforce Investment Act.� Board serves as Minnesota's state
workforce development board for the purposes of the federal Workforce Innovation and Opportunity Act, United States
Code, title 29, section 3111, and must perform the duties under that act.
Subd. 2.� Membership.� (a) The governor's Workforce
Development Council Board is composed of 31 members
appointed by the governor.� The
members may be removed pursuant to section 15.059.� In selecting the representatives of the council
board, the governor shall ensure that 50 percent a majority
of the members come from nominations provided by local workforce councils.� Local education representatives shall come
from nominations provided by local education to employment partnerships.� The 31 members shall represent the following
sectors: the private sector, pursuant to United States Code, title 29,
section 3111.� For the public members,
membership terms, compensation of members, and removal of members are governed
by section 15.059, subdivisions 2, 3, and 4.�
To the extent practicable, the membership should be balanced as to
gender and ethnic diversity.
(a) State agencies:� the following individuals shall serve on the
council:
(1) commissioner of the Minnesota
Department of Employment and Economic Development;
(2) commissioner of the Minnesota
Department of Education; and
(3) commissioner of the Minnesota
Department of Human Services.
(b) Business and industry:� six individuals shall represent the business
and industry sectors of Minnesota.
(c) Organized labor:� six individuals shall represent labor
organizations of Minnesota.
(d) Community-based organizations:� four individuals shall represent
community-based organizations of Minnesota.�
Community-based organizations are defined by the Workforce Investment
Act as private nonprofit organizations that are representative of communities
or significant segments of communities and that have demonstrated expertise and
effectiveness in the field of workforce investment and may include entities
that provide job training services, serve youth, serve individuals with
disabilities, serve displaced homemakers, union-related organizations,
employer-related nonprofit organizations, and organizations serving
nonreservation Indians and tribal governments.
(e) Education:� six individuals shall represent the education
sector of Minnesota as follows:
(1) one individual shall represent
local public secondary education;
(2) one individual shall have expertise
in design and implementation of school-based service-learning;
(3) one individual shall represent
leadership of the University of Minnesota;
(4) one individual shall represent
secondary/postsecondary vocational institutions;
(5) the chancellor of the Board of
Trustees of the Minnesota State Colleges and Universities; and
(6)
one individual shall have expertise in agricultural education.
(f) Other:� two individuals shall represent other
constituencies including:
(1) units of local government; and
(2) applicable state or local programs.
The speaker and the minority leader of
the house of representatives shall each appoint a representative to serve as an
ex officio member of the council.� The
majority and minority leaders of the senate shall each appoint a senator to
serve as an ex officio member of the council.
The governor shall appoint one
individual representing public libraries, one individual with expertise in
assisting women in obtaining employment in high-wage, high-demand,
nontraditional occupations, and one individual representing adult basic education
programs to serve as nonvoting advisors to the council.
(b) No person shall serve as a member
of more than one category described in paragraph (c).
(c) Voting members shall consist of the
following:
(1) the governor or the governor's
designee;
(2) two members of the house of
representatives, one appointed by the speaker of the house and one appointed by
the minority leader of the house of representatives;
(3) two members of the senate, one
appointed by the senate majority leader and one appointed by the senate
minority leader;
(4) a majority of the members must be
representatives of businesses in the state appointed by the governor who:
(i) are owners of businesses, chief
executives, or operating officers of businesses, or other business executives
or employers with optimum policy-making or hiring authority and who, in
addition, may be members of a local board under United States Code, title 29,
section 3122(b)(2)(A)(i);
(ii) represent businesses, including
small businesses, or organizations representing businesses that provide
employment opportunities that, at a minimum, include high-quality,
work-relevant training and development in in‑demand industry sectors or
occupations in the state; and
(iii) are appointed from individuals
nominated by state business organizations and business trade associations;
(5) six representatives of labor
organizations appointed by the governor, including:
(i) representatives of labor
organizations who have been nominated by state labor federations; and
(ii) a member of a labor organization
or a training director from a joint labor organization;
(6) commissioners of the state agencies
with primary responsibility for core programs identified within the state plan
including:
(i) the Department of Employment and Economic
Development;
(ii)
the Department of Education; and
(iii) the Department of Human Services;
(7) two chief elected officials,
appointed by the governor, collectively representing cities and counties;
(8) two representatives who are people
of color or people with disabilities, appointed by the governor, of
community-based organizations that have demonstrated experience and expertise
in addressing the employment, training, or education needs of individuals with
barriers to employment; and
(9) four officials responsible for
education programs in the state, appointed by the governor, including chief
executive officers of community colleges and other institutions of higher
education, including:
(i) the chancellor of the Minnesota
State Colleges and Universities;
(ii) the president of the University of
Minnesota;
(iii) a president from a private
postsecondary school; and
(iv) a representative of career and
technical education.
(d) The nonvoting members of the board
shall be appointed by the governor and consist of one of each of the following:
(1) a representative of Adult Basic
Education;
(2) a representative of public
libraries;
(3) a person with expertise in women's
economic security;
(4) the chair or executive director of
the Minnesota Workforce Council Association;
(5) the commissioner of labor and
industry;
(6) the commissioner of the Office of
Higher Education;
(7) the commissioner of corrections;
(8) the commissioner of management and
budget;
(9) two representatives of
community-based organizations who are people of color or people with
disabilities who have demonstrated experience and expertise in addressing the
employment, training, and education needs of individuals with barriers to
employment;
(10) a representative of secondary, postsecondary,
or career-technical education;
(11) a representative of school-based
service learning;
(12) a representative of the Council on
Asian-Pacific Minnesotans;
(13) a representative of the Minnesota
Council on Latino Affairs;
(14)
a representative of the Council for Minnesotans of African Heritage;
(15) a representative of the Minnesota
Indian Affairs Council;
(16) a representative of the Minnesota
State Council on Disability; and
(17) a representative of the Office on
the Economic Status of Women.
(g) Appointment:� (e) Each member shall be appointed for
a term of three years from the first day of January or July immediately
following their appointment.� Elected
officials shall forfeit their appointment if they cease to serve in elected
office.
(h) Members of the council are
compensated as provided in section 15.059, subdivision 3.
Subd. 2a.� Council
Board meetings; chair.� (a)
If compliance with section 13D.02 is impractical, the Governor's Workforce
Development Council may conduct a meeting of its members by telephone or other
electronic means so long as the following conditions are met:
(1) all members of the council
participating in the meeting, wherever their physical location, can hear one
another and can hear all discussion and testimony;
(2) members of the public present at
the regular meeting location of the council can hear clearly all discussion and
testimony and all votes of members of the council and, if needed, receive those
services required by sections 15.44 and 15.441;
(3) at least one member of the council
is physically present at the regular meeting location; and
(4) all votes are conducted by roll
call, so each member's vote on each issue can be identified and recorded.
(b) Each member of the council participating
in a meeting by telephone or other electronic means is considered present at
the meeting for purposes of determining a quorum and participating in all
proceedings.
(c) If telephone or other electronic
means is used to conduct a meeting, the council, to the extent practical, shall
allow a person to monitor the meeting electronically from a remote location.� The council may require the person making
such a connection to pay for documented marginal costs that the council incurs
as a result of the additional connection.
(d) If telephone or other electronic
means is used to conduct a regular, special, or emergency meeting, the council
shall provide notice of the regular meeting location, of the fact that some
members may participate by telephone or other electronic means, and of the
provisions of paragraph (c).� The timing
and method of providing notice is governed by section 13D.04.
(a) The board shall hold regular
in-person meetings at least quarterly and as often as necessary to perform the
duties outlined in the statement of authority and the board's bylaws.� Meetings shall be called by the chair.� Special meetings may be called as needed.� Notices of all meetings shall be made at
least 48 hours before the meeting date.
(b) The governor shall designate a
chair from among the appointed business representative voting members.� The chair shall approve an agenda for each
meeting.� Members shall submit a written
request for consideration of an agenda item no less than 24 hours in advance of
the meeting.� Members of the public may
submit a written request within 48 hours of a meeting to be considered for
inclusion in the agenda.� Members of the
public attending a meeting of the board may address the board only with the
approval or at the request of the chair.
(c)
All meeting notices must be posted on the board's Web site.� All meetings of the board and committees must
be open to the public.� The board must
make available to the public, on a regular basis through electronic means and
open meetings, information regarding the activities of the board, information
regarding membership, and, on request, minutes of formal meetings of the board.
(d) For the purpose of conducting
business before the board at a duly called meeting, a simple majority of the
voting members, excluding any vacancies, constitutes a quorum.
Subd. 3.� Purpose;
duties.� The governor's
Workforce Development Council shall replace the governor's Job Training Council
and assume all of its requirements, duties, and responsibilities under the Workforce
Investment Act.� Additionally, the
Workforce Development Council shall assume the following duties and
responsibilities:
(a) Review the provision of services
and the use of funds and resources under applicable federal human resource
programs and advise the governor on methods of coordinating the provision of
services and the use of funds and resources consistent with the laws and
regulations governing the programs.� For
purposes of this section, applicable federal and state human resource programs mean
the:
(1) Workforce Investment Act, United
States Code, title 29, section 2911, et seq.;
(2) Carl D. Perkins Vocational and
Applied Technology Education Act, United States Code, title 20, section 2301,
et seq.;
(3) Adult Education Act, United States
Code, title 20, section 1201, et seq.;
(4) Wagner-Peyser Act, United States
Code, title 29, section 49;
(5) Personal Responsibility and Work
Opportunities Act of 1996 (TANF);
(6) Food Stamp Act of 1977, United
States Code, title 7, section 6(d)(4), Food Stamp Employment and Training
Program, United States Code, title 7, section 2015(d)(4); and
(7) programs defined in section
116L.19, subdivision 5.
Additional federal and state programs
and resources can be included within the scope of the council's duties if
recommended by the governor after consultation with the council.
(b) Review federal, state, and local
education, postsecondary, job skills training, and youth employment programs,
and make recommendations to the governor and the legislature for establishing
an integrated seamless system for providing education and work skills
development services to learners and workers of all ages.
(c) Advise the governor on the
development and implementation of statewide and local performance standards and
measures relating to applicable federal human resource programs and the
coordination of performance standards and measures among programs.
(d) Promote education and employment
transitions programs and knowledge and skills of entrepreneurship among
employers, workers, youth, and educators, and encourage employers to provide
meaningful work-based learning opportunities.
(e) Evaluate and identify exemplary
education and employment transitions programs and provide technical assistance
to local partnerships to replicate the programs throughout the state.
(f)
Advise the governor on methods to evaluate applicable federal human resource
programs.
(g) Sponsor appropriate studies to
identify human investment needs in Minnesota and recommend to the governor
goals and methods for meeting those needs.
(h) Recommend to the governor goals and
methods for the development and coordination of a human resource system in
Minnesota.
(i) Examine federal and state laws,
rules, and regulations to assess whether they present barriers to achieving the
development of a coordinated human resource system.
(j) Recommend to the governor and to
the federal government changes in state or federal laws, rules, or regulations
concerning employment and training programs that present barriers to achieving
the development of a coordinated human resource system.
(k) Recommend to the governor and to
the federal government waivers of laws and regulations to promote coordinated
service delivery.
(l) Sponsor appropriate studies and
prepare and recommend to the governor a strategic plan which details methods
for meeting Minnesota's human investment needs and for developing and
coordinating a state human resource system.
(m) Provide the commissioner of
employment and economic development and the committees of the legislature with
responsibility for economic development with recommendations provided to the
governor under this subdivision.
(n) In consultation with local
workforce councils and the Department of Employment and Economic Development,
develop an ongoing process to identify and address local gaps in workforce
services.
Subd. 4.� Executive
committee duties.� The executive
committee must, with advice and input of local workforce councils boards
and other stakeholders as appropriate, develop performance standards for the
state workforce centers.� By January 15, 2002
2019, and each odd-numbered year thereafter, the executive committee
shall submit a report to the senate and house of representatives committees
with jurisdiction over workforce development programs regarding the performance
and outcomes of the workforce centers.� The
report must provide recommendations regarding workforce center funding levels
and sources, program changes, and administrative changes.
Subd. 5.� Subcommittees.� The chair of the Workforce Development Council
Board may establish subcommittees in order to carry out the duties and
responsibilities of the council board.
Subd. 6.� Staffing.� The Department of commissioner
of employment and economic development must provide staff, including but
not limited to professional, technical, and clerical staff to the board
necessary to perform the duties assigned to the Minnesota Workforce
Development Council.� All staff report to
the commissioner carry out the duties of the board.� The council may ask for assistance from
other units of At the request of the board, state government as
departments and agencies must provide the board with the assistance it
requires in order to fulfill its duties and responsibilities.
Subd. 7.� Expiration.� The council board expires
if there is no federal funding for the human resource programs within the scope
of the council's board's duties.
Subd. 8.� Funding.� The commissioner shall develop
recommendations on a funding formula for allocating Workforce Investment Act
funds to the council with a minimum allocation of employment and
economic development must provide at least $350,000 per each
fiscal year.� The commissioner
shall report the funding formula recommendations to the legislature by January
15, 2011 from existing agency resources to the board for staffing and
administrative expenses.
Sec. 11.� Minnesota Statutes 2016, section 116M.14, subdivision 4, is amended to read:
Subd. 4.� Low-income area.� "Low-income area" means:
(1) Minneapolis, St. Paul;
(2) those cities in the metropolitan area
as defined in section 473.121, subdivision 2, that have an average income
a median income for a family of four that is below 80 percent of the
median income for a four-person family as of the latest report by the United
States Census Bureau; and
(3) the area outside the metropolitan area.
Sec. 12.� Minnesota Statutes 2016, section 116M.17, subdivision 4, is amended to read:
Subd. 4.� Reports.� The board department shall
submit an annual report to the legislature of an accounting of loans made under
section 116M.18, including information on loans made, the number of jobs
created by the program, the impact on low-income areas, and recommendations
concerning minority business development and jobs for persons in low-income
areas.
Sec. 13.� Minnesota Statutes 2016, section 116M.18, subdivision 1a, is amended to read:
Subd. 1a.� Statewide
loans.� To the extent there is
sufficient eligible demand, loans shall be made so that an approximately equal
dollar amount of loans are made to businesses in the metropolitan area as in
the nonmetropolitan area.� After September
30 March 31 of each calendar fiscal year, the
department may allow loans to be made anywhere in the state without regard to
geographic area.
Sec. 14.� Minnesota Statutes 2016, section 116M.18, subdivision 4, is amended to read:
Subd. 4.� Business loan criteria.� (a) The criteria in this subdivision apply to loans made by nonprofit corporations under the program.
(b) Loans must be made to businesses that are not likely to undertake a project for which loans are sought without assistance from the program.
(c) A loan must be used to support a business owned by a minority or a low-income person, woman, veteran, or a person with disabilities.� Priority must be given for loans to the lowest income areas.
(d) The minimum state contribution to a loan is $5,000 and the maximum is $150,000.
(e) The state contribution must be matched by at least an equal amount of new private investment.
(f) A loan may not be used for a retail development project.
(g) The business must agree to work with job referral networks that focus on minority and low-income applicants.
(h) Up to ten percent of a loan's
principal amount may be forgiven if the department approves and the borrower
has met lender criteria including being current with all payments.
Sec. 15.� Minnesota Statutes 2016, section 116M.18, subdivision 4a, is amended to read:
Subd. 4a.� Microenterprise loan.� (a) Program grants may be used to make microenterprise loans to small, beginning businesses, including a sole proprietorship.� Microenterprise loans are subject to this section except that:
(1) they may also be made to qualified retail businesses;
(2) they may be made for a minimum of $5,000 and a maximum of $35,000;
(3) in a low-income area, they may be made for a minimum of $5,000 and a maximum of $50,000; and
(4) they do not require a match.
(b) Up to ten percent of a loan's
principal amount may be forgiven if the department approves and the borrower
has met lender criteria including being current with all payments.
Sec. 16.� Minnesota Statutes 2016, section 116M.18, subdivision 8, is amended to read:
Subd. 8.� Reporting requirements.� A nonprofit corporation that receives a program grant shall:
(1) submit an annual report to the board
and department by March 30 February 15 of each year that
includes a description of businesses supported by the grant program, an account
of loans made during the calendar year, the program's impact on minority
business enterprises and job creation for minority persons and low-income
persons, the source and amount of money collected and distributed by the
program, the program's assets and liabilities, and an explanation of
administrative expenses; and
(2) provide for an independent annual audit to be performed in accordance with generally accepted accounting practices and auditing standards and submit a copy of each annual audit report to the department.
Sec. 17.� Laws 2014, chapter 312, article 2, section 14, as amended by Laws 2016, chapter 189, article 7, section 8, is amended to read:
Sec. 14.� ASSIGNED
RISK TRANSFER.
(a) By June 30, 2015, if the commissioner of commerce determines on the basis of an audit that there is an excess surplus in the assigned risk plan created under Minnesota Statutes, section 79.252, the commissioner of management and budget shall transfer the amount of the excess surplus, not to exceed $10,500,000, to the general fund.� This transfer occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1, paragraph (a), clause (1).� This is a onetime transfer.
(b) By June 30, 2015, and each year
thereafter, if the commissioner of commerce determines on the basis of an audit
that there is an excess surplus in the assigned risk plan created under
Minnesota Statutes, section 79.252, the commissioner of management and budget
shall transfer the amount of the excess surplus, not to exceed $4,820,000 each
year, to the Minnesota minerals 21st century fund under Minnesota Statutes,
section 116J.423.� This transfer occurs
prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1,
paragraph (a), clause (1), but after the transfer transfers
authorized in paragraph paragraphs (a) and (f).� The total amount authorized for all transfers
under this paragraph must not exceed $24,100,000.� This paragraph expires the day following the
transfer in which the total amount transferred under this paragraph to the
Minnesota minerals 21st century fund equals $24,100,000.
(c) By June 30, 2015, if the commissioner of commerce determines on the basis of an audit that there is an excess surplus in the assigned risk plan created under Minnesota Statutes, section 79.252, the commissioner of management and budget shall transfer the amount of the excess surplus, not to exceed $4,820,000, to the general fund.� This transfer occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1, paragraph (a), clause (1), but after any transfers authorized in paragraphs (a) and (b).� If a transfer occurs under this paragraph, the amount transferred is appropriated from the general fund in fiscal year 2015 to the commissioner of labor and industry for the purposes of section 15.� Both the transfer and appropriation under this paragraph are onetime.
(d) By June 30, 2016, if the commissioner of commerce determines on the basis of an audit that there is an excess surplus in the assigned risk plan created under Minnesota Statutes, section 79.252, the commissioner of management and budget shall transfer the amount of the excess surplus, not to exceed $4,820,000, to the general fund.� This transfer occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1, paragraph (a), clause (1), but after the transfers authorized in paragraphs (a) and (b).� If a transfer occurs under this paragraph, the amount transferred is appropriated from the general fund in fiscal year 2016 to the commissioner of labor and industry for the purposes of section 15.� Both the transfer and appropriation under this paragraph are onetime.
(e) Notwithstanding Minnesota Statutes, section 16A.28, the commissioner of management and budget shall transfer to the general fund, any unencumbered or unexpended balance of the appropriations under paragraphs (c) and (d) remaining on June 30, 2016, or the date the commissioner of commerce determines that an excess surplus in the assigned risk plan does not exist, whichever occurs earlier.
(f) By June 30, 2017, and each year
thereafter, if the commissioner of commerce determines on the basis of an audit
that there is an excess surplus in the assigned risk plan created under
Minnesota Statutes, section 79.252, the commissioner of management and budget
shall transfer the amount of the excess surplus, not to exceed $2,000,000 each
year, to the rural policy and development center fund under Minnesota Statutes,
section 116J.4221.� This transfer occurs
prior to any transfer under paragraph (b) or under Minnesota Statutes, section
79.251, subdivision 1, paragraph (a), clause (1).� The total amount authorized for all transfers
under this paragraph must not exceed $2,000,000.� This paragraph expires the day following the
transfer in which the total amount transferred under this paragraph to the
rural policy and development center fund equals $2,000,000.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 18.� Laws 2015, First Special Session chapter 1, article 1, section 2, subdivision 6, is amended to read:
Subd. 6.� Vocational
Rehabilitation |
|
|
|
|
Appropriations by Fund |
||
Allgemein |
22,611,000 |
21,611,000 |
Workforce Development |
7,830,000 |
7,830,000 |
(a) $10,800,000 each year is from the general fund for the state's vocational rehabilitation program under Minnesota Statutes, chapter 268A.
(b) $2,261,000 each year is from the general fund for grants to centers for independent living under Minnesota Statutes, section 268A.11.
(c) $5,745,000 each year from the general fund and $6,830,000 each year from the workforce development fund are for extended employment services for persons with severe disabilities under Minnesota Statutes, section 268A.15.
(d) $250,000 in fiscal year 2016 and $250,000 in fiscal year 2017 are for rate increases to providers of extended employment services for persons with severe disabilities under Minnesota Statutes, section 268A.15.� This appropriation is added to the agency's base.
(e) $2,555,000 each year is from the general fund for grants to programs that provide employment support services to persons with mental illness under Minnesota Statutes, sections 268A.13 and 268A.14.
(f) $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-aged 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.
(g) $1,000,000 in fiscal year 2016 is for a
grant to Assistive Technology of Minnesota, a statewide nonprofit organization
that is exclusively dedicated to the issues of access to and the acquisition of
assistive technology.� The purpose of
the grant is to acquire assistive technology and to work in tandem with
individuals using this technology to create career paths Assistive
Technology of Minnesota must use the funds to provide low‑interest loans
to individuals of all ages and types of disabilities to purchase assistive
technology and employment-related equipment.� This is a onetime appropriation and is
available until June 30, 2019.
(h) For purposes of this subdivision, Minnesota Diversified Industries, Inc. is an eligible provider of services for persons with severe disabilities under Minnesota Statutes, section 268A.15.
EFFECTIVE
DATE.� This section is
effective retroactively from July 1, 2015.
Sec. 19.� Laws 2016, chapter 189, article 7, section 46, subdivision 3, is amended to read:
Subd. 3.� Qualification requirements.� To qualify for assistance under this section, a business must:
(1) be located within one of the following municipalities surrounding Lake Mille Lacs:
(i) in Crow Wing County, the city of Garrison, township of Garrison, or township of Roosevelt;
(ii) in Aitkin County, the township of Hazelton, township of Wealthwood, township of Malmo, or township of Lakeside; or
(iii) in Mille Lacs County, the city of Isle, city of Wahkon, city of Onamia, township of East Side, township of Isle Harbor, township of South Harbor, or township of Kathio;
(2) document a reduction of at least ten
five percent in gross receipts in any two-year period since 2010; and
(3) be a business in one of the following industries, as defined within the North American Industry Classification System:� accommodation, restaurants, bars, amusement and recreation, food and beverages retail, sporting goods, miscellaneous retail, general retail, museums, historical sites, health and personal care, gas station, general merchandise, business and professional membership, movies, or nonstore retailer, as determined by Mille Lacs County in consultation with the commissioner of employment and economic development.
Sec. 20.� Laws 2016, chapter 189, article 7, section 46, the effective date, is amended to read:
EFFECTIVE
DATE.� This section, except for
subdivision 4, is effective July 1, 2016, and expires June 30, 2017 2018.� Subdivision 4 is effective July 1, 2016, and
expires on the date the last loan is repaid or forgiven as provided under this
section.
Sec. 21.� EMERGING
ENTREPRENEUR PROGRAM APPROPRIATIONS CANCELLATIONS.
All unspent funds, estimated to be
$376,000, appropriated in Laws 2016, chapter 189, article 7, section 2, subdivision 2, paragraph (h), clause (7), and Laws
2016, chapter 189, article 12, section 2, subdivision 2, paragraph (p),
are canceled to the general fund.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 22.� GREATER
MINNESOTA COMMUNITY DESIGN PILOT PROJECT.
Subdivision 1.� Creation.� The Minnesota Design Center at the
University of Minnesota shall partner with relevant organizations in selected
communities within greater Minnesota to establish a pilot project for community
design.� The pilot project shall identify
current and future opportunities for rural development, create designs, seek
funding from existing sources, and assist with the implementation of
economically, environmentally, and culturally sensitive projects that respond
to current community conditions, needs, capabilities, and aspirations in
support of the selected communities.� For
the purposes of this section, "greater Minnesota" is limited to the
following counties:� Blue Earth, Brown,
Dodge, Faribault, Fillmore, Freeborn, Goodhue, Houston, Le Sueur, Martin,
Mower, Olmsted, Rice, Sibley, Steele, Wabasha, Waseca, Watonwan, and Winona.
Subd. 2.� Community
selection.� In order to be
considered for inclusion in the pilot project, communities with fewer than
12,000 residents within the counties listed in subdivision 1 must submit a
letter of interest to the Minnesota Design Center.� The Minnesota Design Center may choose up to
ten communities for participation in the pilot project.
Subd. 3.� Pilot
project activities.� Among
other activities, the Minnesota Design Center, in partnership with relevant
organizations within the selected communities, shall:
(1) assess community capacity to engage
in design, development, and implementation;
(2) create community and project
designs that respond to a community's culture and needs, reinforce its identity
as a special place, and support its future aspirations;
(3) create an implementation strategy;
and
(4) build capacity to implement design
work by identifying potential funding strategies and sources and assisting in
grant writing to secure funding.
Sec. 23.� DEPARTMENT
OF EMPLOYMENT AND ECONOMIC DEVELOPMENT; MANDATED REPORT HOLIDAY.
(a) Notwithstanding any law to the
contrary, any report required by state law from the Department of Employment
and Economic Development that is due in fiscal year 2018 or 2019 is optional.� The commissioner of employment and economic
development may produce any reports at the commissioner's discretion or as may
be required by federal law.
(b) This section does not apply to
workforce programs outcomes reporting under Minnesota Statutes, section
116L.98, or the agency activity and expenditure report under article 12,
section 3.
Sec. 24.� 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, 2018.� 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, 2019, a home rule
charter or statutory city, county, or town that exercises the option under
paragraph (a) shall submit to the chairs of the legislative committees with
jurisdiction over economic development policy and finance an accounting and
explanation of the use and distribution of the funds.
Sec. 25.� 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 to obtain or maintain employment.
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.� Applications for a grant must be on a
form provided by the commissioner and on a schedule set by the commissioner.� Applications 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;
(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 22 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, not inconsistent with
paragraph (a), for the receipt of program services.
Subd. 6.
� Report to legislature.� By February 15, 2019, 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;
(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. 26.� ECONOMIC
IMPACT STUDY OF BIOMASS FACILITY CLOSURE.
The commissioner of employment and
economic development shall conduct a study to examine the economic impact of
the closure of a biomass facility located in the city of Benson that uses
poultry litter to generate electricity.� In
conducting the study, the commissioner must analyze the impact of the closure
of the biomass facility on employment and income in the local economy,
including impacts on ancillary providers of goods and services to the biomass
facility.� The commissioner must report
study findings to the legislature by February 15, 2018.
Sec. 27.� USE
OF UNALLOCATED FUNDS.
(a) Notwithstanding Minnesota Statutes,
sections 116L.05, subdivision 5, and 116L.20, subdivision 2, in fiscal years
2018 and 2019 only, the unallocated workforce development funds appropriated to
the Job Skills Partnership Board under Minnesota Statutes, section 116L.20,
subdivision 2, paragraph (b), may be used for other job creation and economic
enhancement opportunities in Minnesota at the discretion of the commissioner.
(b) Notwithstanding Minnesota Statutes,
section 116J.8731, in fiscal years 2018 and 2019 only, funds appropriated to
the commissioner for the Minnesota investment fund may be used for other job
creation and economic enhancement opportunities in Minnesota at the discretion
of the commissioner.� Grants under this
paragraph are not subject to the grant amount limitation under Minnesota
Statutes, section 116J.8731.
(c) Notwithstanding Minnesota Statutes,
section 116J.748, in fiscal years 2018 and 2019 only, funds appropriated to the
commissioner for the job creation fund may be used for other job creation and
economic enhancement opportunities in Minnesota at the discretion of the
commissioner.
Sec. 28.� REPEALER.
Minnesota Statutes 2016, section
116J.549, and Minnesota Rules, parts 4355.0100; 4355.0200; 4355.0300;
4355.0400; and 4355.0500, are repealed.
ARTICLE 7
IRON RANGE RESOURCES AND REHABILITATION POLICY
Section 1.� Minnesota Statutes 2016, section 3.732, subdivision 1, is amended to read:
Subdivision 1.� Definitions.� As used in this section and section 3.736 the terms defined in this section have the meanings given them.
(1) "State" includes each of the
departments, boards, agencies, commissions, courts, and officers in the
executive, legislative, and judicial branches of the state of Minnesota and
includes but is not limited to the Housing Finance Agency, the Minnesota Office
of Higher Education, the Higher Education Facilities Authority, the Health
Technology Advisory Committee, the Armory Building Commission, the Zoological
Board, the Department of Iron Range Resources and Rehabilitation Board,
the Minnesota Historical Society, the State Agricultural Society, the
University of Minnesota, the Minnesota State Colleges and Universities, state
hospitals, and state penal institutions.�
It does not include a city, town, county, school district, or other
local governmental body corporate and politic.
(2) "Employee of the state" means all present or former officers, members, directors, or employees of the state, members of the Minnesota National Guard, members of a bomb disposal unit approved by the commissioner of public safety and employed by a municipality defined in section 466.01 when engaged in the disposal or neutralization of bombs or other similar hazardous explosives, as defined in section 299C.063, outside the jurisdiction of the municipality but within the state, or persons acting on behalf of the state in an official capacity, temporarily or permanently, with or without compensation.� It does not include either an independent contractor except, for purposes of this section and section 3.736 only, a guardian ad litem acting under court appointment, or members of the Minnesota National Guard while engaged in training or duty under United States Code, title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December 31, 1983.� Notwithstanding sections 43A.02 and 611.263, for purposes of this section and section 3.736 only, "employee of the state" includes a district public defender or assistant district public defender in the Second or Fourth Judicial District, a member of the Health Technology Advisory Committee, and any officer, agent, or employee of the state of Wisconsin performing work for the state of Minnesota pursuant to a joint state initiative.
(3) "Scope of office or employment" means that the employee was acting on behalf of the state in the performance of duties or tasks lawfully assigned by competent authority.
(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25.
Sec. 2.� Minnesota Statutes 2016, section 3.736, subdivision 3, is amended to read:
Subd. 3.� Exclusions.� Without intent to preclude the courts from finding additional cases where the state and its employees should not, in equity and good conscience, pay compensation for personal injuries or property losses, the legislature declares that the state and its employees are not liable for the following losses:
(a) a loss caused by an act or omission of a state employee exercising due care in the execution of a valid or invalid statute or rule;
(b) a loss caused by the performance or failure to perform a discretionary duty, whether or not the discretion is abused;
(c) a loss in connection with the assessment and collection of taxes;
(d) a loss caused by snow or ice conditions on a highway or public sidewalk that does not abut a publicly owned building or a publicly owned parking lot, except when the condition is affirmatively caused by the negligent acts of a state employee;
(e) a loss caused by wild animals in their natural state, except as provided in section 3.7371;
(f) a loss other than injury to or loss of property or personal injury or death;
(g) a loss caused by the condition of unimproved real property owned by the state, which means land that the state has not improved, state land that contains idled or abandoned mine pits or shafts, and appurtenances, fixtures, and attachments to land that the state has neither affixed nor improved;
(h) a loss involving or arising out of the use or operation of a recreational motor vehicle, as defined in section 84.90, subdivision 1, within the right-of-way of a trunk highway, as defined in section 160.02, except that the state is liable for conduct that would entitle a trespasser to damages against a private person;
(i) a loss incurred by a user arising from
the construction, operation, or maintenance of the outdoor recreation system,
as defined in section 86A.04, or for a loss arising from the construction,
operation, maintenance, or administration of grants-in-aid trails as defined in
section 85.018, or for a loss arising from the construction, operation, or
maintenance of a water access site created by the Department of Iron
Range Resources and Rehabilitation Board, except that the state is
liable for conduct that would entitle a trespasser to damages against a private
person.� For the purposes of this clause,
a water access site, as defined in section 86A.04 or created by the commissioner
of Iron Range resources and rehabilitation Board, that provides
access to an idled, water filled mine pit, also includes the entire water
filled area of the pit and, further, includes losses caused by the caving or
slumping of the mine pit walls;
(j) a loss of benefits or compensation due under a program of public assistance or public welfare, except if state compensation for loss is expressly required by federal law in order for the state to receive federal grants-in-aid;
(k) a loss based on the failure of a person to meet the standards needed for a license, permit, or other authorization issued by the state or its agents;
(l) a loss based on the usual care and treatment, or lack of care and treatment, of a person at a state hospital or state corrections facility where reasonable use of available appropriations has been made to provide care;
(m) loss, damage, or destruction of property of a patient or inmate of a state institution except as provided under section 3.7381;
(n) a loss for which recovery is prohibited by section 169A.48, subdivision 2;
(o) a loss caused by an aeration, bubbler, water circulation, or similar system used to increase dissolved oxygen or maintain open water on the ice of public waters, that is operated under a permit issued by the commissioner of natural resources;
(p) a loss incurred by a visitor to the Minnesota Zoological Garden, except that the state is liable for conduct that would entitle a trespasser to damages against a private person;
(q) a loss arising out of a person's use of a logging road on public land that is maintained exclusively to provide access to timber on that land by harvesters of the timber, and is not signed or otherwise held out to the public as a public highway; and
(r) a loss incurred by a user of property owned, leased, or otherwise controlled by the Minnesota National Guard or the Department of Military Affairs, except that the state is liable for conduct that would entitle a trespasser to damages against a private person.
The state will not pay punitive damages.
Sec. 3.� Minnesota Statutes 2016, section 15.01, is amended to read:
15.01
DEPARTMENTS OF THE STATE.
The following agencies are designated as the departments of the state government:� the Department of Administration; the Department of Agriculture; the Department of Commerce; the Department of Corrections; the Department of Education; the Department of Employment and Economic Development; the Department of Health; the Department of Human Rights; the Department of Iron Range Resources and Rehabilitation; the Department of Labor and Industry; the Department of Management and Budget; the Department of Military Affairs; the Department of Natural Resources; the Department of Public Safety; the Department of Human Services; the Department of Revenue; the Department of Transportation; the Department of Veterans Affairs; and their successor departments.
Sec. 4.� Minnesota Statutes 2016, section 15.38, subdivision 7, is amended to read:
Subd. 7.� Department
of Iron Range Resources and Rehabilitation Board.� After seeking a recommendation from
the Iron Range Resources and Rehabilitation Board, the commissioner of
Iron Range resources and rehabilitation Board may purchase insurance it
considers the commissioner deems necessary and appropriate to insure
facilities operated by the board commissioner.
Sec. 5.� Minnesota Statutes 2016, section 15A.0815, subdivision 3, is amended to read:
Subd. 3.� Group II salary limits.� The salary for a position listed in this subdivision shall not exceed 120 percent of the salary of the governor.� This limit must be adjusted annually on January 1.� The new limit must equal the limit for the prior year increased by the percentage increase, if any, in the Consumer Price Index for all urban consumers from October of the second prior year to October of the immediately prior year.� The commissioner of management and budget must publish the limit on the department's Web site.� This subdivision applies to the following positions:
Executive director of Gambling Control Board;
Commissioner, of Iron Range
resources and rehabilitation Board;
Commissioner, Bureau of Mediation Services;
Ombudsman for Mental Health and Developmental Disabilities;
Chair, Metropolitan Council;
School trust lands director;
Executive director of pari-mutuel racing; and
Commissioner, Public Utilities Commission.
Sec. 6.� Minnesota Statutes 2016, section 43A.02, subdivision 22, is amended to read:
Subd. 22.� Executive
branch.� "Executive branch"
means heads of all agencies of state government, elective or appointive,
established by statute or Constitution and all employees of those agency heads
who have within their particular field of responsibility statewide jurisdiction
and who are not within the legislative or judicial branches of government.� The executive branch also includes employees
of the Department of Iron Range Resources and Rehabilitation Board.� The executive branch does not include
agencies with jurisdiction in specifically defined geographical areas, such as
regions, counties, cities, towns, municipalities, or school districts, the
University of Minnesota, the Public Employees Retirement Association, the
Minnesota State Retirement System, the Teachers Retirement Association, the
Minnesota Historical Society, and all of their employees, and any other entity
which is incorporated, even though it receives state funds.
Sec. 7.� Minnesota Statutes 2016, section 85.0146, subdivision 1, is amended to read:
Subdivision 1.� Advisory council created.� The Cuyuna Country State Recreation Area Citizens Advisory Council is established.� Membership on the advisory council shall include:
(1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers Board;
(2) a representative of the Croft Mine Historical Park Joint Powers Board;
(3) a
designee of the Cuyuna Range Mineland Reclamation Committee who has worked as a
miner in the local area;
(4) a representative of the Crow Wing County Board;
(5) an elected state official;
(6) a representative of the Grand Rapids regional office of the Department of Natural Resources;
(7) a designee of the commissioner of
Iron Range resources and rehabilitation Board;
(8) a designee of the local business community selected by the area chambers of commerce;
(9) a designee of the local environmental community selected by the Crow Wing County District 5 commissioner;
(10) a designee of a local education organization selected by the Crosby-Ironton School Board;
(11) a
designee of one of the recreation area user groups selected by the Cuyuna Range
Chamber of Commerce; and
(12) a member of the Cuyuna Country Heritage Preservation Society.
Sec. 8.� Minnesota Statutes 2016, section 116D.04, subdivision 1a, is amended to read:
Subd. 1a.� Definitions.� For the purposes of this chapter, the following terms have the meanings given to them in this subdivision.
(a) "Natural resources" has the meaning given it in section 116B.02, subdivision 4.
(b) "Pollution, impairment or destruction" has the meaning given it in section 116B.02, subdivision 5.
(c) "Environmental assessment worksheet" means a brief document which is designed to set out the basic facts necessary to determine whether an environmental impact statement is required for a proposed action.
(d) "Governmental action" means activities, including projects wholly or partially conducted, permitted, assisted, financed, regulated, or approved by units of government including the federal government.
(e) "Governmental unit" means any state agency and any general or special purpose unit of government in the state including, but not limited to, watershed districts organized under chapter 103D, counties, towns, cities, port authorities, housing authorities, and economic development authorities established under sections 469.090 to 469.108, but not including courts, school districts, the Department of Iron Range Resources and Rehabilitation, and regional development commissions other than the Metropolitan Council.
Sec. 9.� Minnesota Statutes 2016, section 116J.423, subdivision 2, is amended to read:
Subd. 2.� Use of
fund.� The commissioner shall use
money in the fund to make loans or, including forgivable loans, equity
investments, or grants for infrastructure in mineral, steel, or any
other industry processing, production, manufacturing, or technology project
that would enhance the economic diversification and that is located within the
taconite relief tax assistance area as defined under section 273.134
273.1341.� The commissioner must,
prior to making any loans or equity investments and after consultation with
industry and public officials, develop a strategy for making loans and,
equity investments, or grants for infrastructure that assists the
taconite relief assistance area in retaining and enhancing its
economic competitiveness.� Money in the
fund may also be used to pay for the costs of carrying out the commissioner's
due diligence duties under this section.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 10.� Minnesota Statutes 2016, section 116J.424, is amended to read:
116J.424
IRON RANGE RESOURCES AND REHABILITATION BOARD CONTRIBUTION.
The commissioner of the Iron Range
resources and rehabilitation Board with approval by the board, after
consultation with the Iron Range Resources and Rehabilitation Board, may
provide an equal match for any loan or equity investment made for a project
located in the tax relief taconite assistance area defined in
section 273.134, paragraph (b) 273.1341, by the Minnesota 21st
century fund created by section 116J.423.�
The match may be in the form of a loan or equity investment,
notwithstanding whether the fund makes a loan or equity investment.� The state shall not acquire an equity
interest because of an equity investment or loan by the board and the board
at its sole discretion shall commissioner of Iron Range resources and
rehabilitation and the commissioner of Iron Range resources and rehabilitation,
after consultation with the advisory board, shall have sole discretion to
decide what interest it the fund acquires in a project.� The commissioner of employment and economic
development may require a commitment from the board commissioner of
Iron Range resources and rehabilitation to make the match prior to
disbursing money from the fund.
Sec. 11.� Minnesota Statutes 2016, section 116J.994, subdivision 3, is amended to read:
Subd. 3.� Subsidy agreement.� (a) A recipient must enter into a subsidy agreement with the grantor of the subsidy that includes:
(1) a description of the subsidy, including the amount and type of subsidy, and type of district if the subsidy is tax increment financing;
(2) a statement of the public purposes for the subsidy;
(3) measurable, specific, and tangible goals for the subsidy;
(4) a description of the financial obligation of the recipient if the goals are not met;
(5) a statement of why the subsidy is needed;
(6) a commitment to continue operations in the jurisdiction where the subsidy is used for at least five years after the benefit date;
(7) the name and address of the parent corporation of the recipient, if any; and
(8) a list of all financial assistance by all grantors for the project.
(b) Business subsidies in the form of grants must be structured as forgivable loans.� For other types of business subsidies, the agreement must state the fair market value of the subsidy to the recipient, including the value of conveying property at less than a fair market price, or other in-kind benefits to the recipient.
(c) If a business subsidy benefits more than one recipient, the grantor must assign a proportion of the business subsidy to each recipient that signs a subsidy agreement.� The proportion assessed to each recipient must reflect a reasonable estimate of the recipient's share of the total benefits of the project.
(d) The state or local government agency and the recipient must both sign the subsidy agreement and, if the grantor is a local government agency, the agreement must be approved by the local elected governing body, except for the St. Paul Port Authority and a seaway port authority.
(e) Notwithstanding the provision in
paragraph (a), clause (6), a recipient may be authorized to move from the
jurisdiction where the subsidy is used within the five-year period after the
benefit date if, after a public hearing, the grantor approves the recipient's
request to move.� For the purpose of this
paragraph, if the grantor is a state government agency other than the Department
of Iron Range Resources and Rehabilitation Board,
"jurisdiction" means a city or township.
Sec. 12.� Minnesota Statutes 2016, section 116J.994, subdivision 5, is amended to read:
Subd. 5.� Public notice and hearing.� (a) Before granting a business subsidy that exceeds $500,000 for a state government grantor and $150,000 for a local government grantor, the grantor must provide public notice and a hearing on the subsidy.� A public hearing and notice under this subdivision is not required if a hearing and notice on the subsidy is otherwise required by law.
(b) Public notice of a proposed business
subsidy under this subdivision by a state government grantor, other than the commissioner
of Iron Range resources and rehabilitation Board, must be published
in the State Register.� Public notice of
a proposed business subsidy under this subdivision by a local government
grantor or the commissioner of Iron Range resources and rehabilitation Board
must be published in a local newspaper of general circulation.� The public notice must identify the location
at which information about the business subsidy, including a summary of the
terms of the subsidy, is available.� Published
notice should be sufficiently conspicuous in size and placement to distinguish
the notice from the surrounding text.� The
grantor must make the information available in printed paper copies and, if
possible, on the Internet.� The
government agency must provide at least a ten-day notice for the public
hearing.
(c) The public notice must include the date, time, and place of the hearing.
(d) The public hearing by a state government
grantor other than the commissioner of Iron Range resources and
rehabilitation Board must be held in St. Paul.
(e) If more than one nonstate grantor
provides a business subsidy to the same recipient, the nonstate grantors may
designate one nonstate grantor to hold a single public hearing regarding the
business subsidies provided by all nonstate grantors.� For the purposes of this paragraph,
"nonstate grantor" includes the commissioner of Iron Range
resources and rehabilitation Board.
(f) The public notice of any public meeting about a business subsidy agreement, including those required by this subdivision and by subdivision 4, must include notice that a person with residence in or the owner of taxable property in the granting jurisdiction may file a written complaint with the grantor if the grantor fails to comply with sections 116J.993 to 116J.995, and that no action may be filed against the grantor for the failure to comply unless a written complaint is filed.
Sec. 13.� Minnesota Statutes 2016, section 116J.994, subdivision 7, is amended to read:
Subd. 7.� Reports by recipients to grantors.� (a) A business subsidy grantor must monitor the progress by the recipient in achieving agreement goals.
(b) A recipient must provide information
regarding goals and results for two years after the benefit date or until the
goals are met, whichever is later.� If
the goals are not met, the recipient must continue to provide information on
the subsidy until the subsidy is repaid.�
The information must be filed on forms developed by the commissioner in
cooperation with representatives of local government.� Copies of the completed forms must be sent to
the local government agency that provided the subsidy or to the commissioner if
the grantor is a state agency.� If the commissioner
of Iron Range resources and rehabilitation Board is the grantor, the
copies must be sent to the board commissioner of Iron Range resources
and rehabilitation.� The report must
include:
(1) the type, public purpose, and amount of subsidies and type of district, if the subsidy is tax increment financing;
(2) the hourly wage of each job created with separate bands of wages;
(3) the sum of the hourly wages and cost of health insurance provided by the employer with separate bands of wages;
(4) the date the job and wage goals will be reached;
(5) a statement of goals identified in the subsidy agreement and an update on achievement of those goals;
(6) the location of the recipient prior to receiving the business subsidy;
(7) the number of employees who ceased to be employed by the recipient when the recipient relocated to become eligible for the business subsidy;
(8) why the recipient did not complete the project outlined in the subsidy agreement at their previous location, if the recipient was previously located at another site in Minnesota;
(9) the name and address of the parent corporation of the recipient, if any;
(10) a list of all financial assistance by all grantors for the project; and
(11) other information the commissioner may request.
A report must be filed no later than March 1 of each year for
the previous year.� The local agency and
the commissioner of Iron Range resources and rehabilitation Board
must forward copies of the reports received by recipients to the commissioner
by April 1.
(c) Financial assistance that is excluded from the definition of "business subsidy" by section 116J.993, subdivision 3, clauses (4), (5), (8), and (16), is subject to the reporting requirements of this subdivision, except that the report of the recipient must include instead:
(1) the type, public purpose, and amount of the financial assistance, and type of district if the assistance is tax increment financing;
(2) progress towards meeting goals stated in the assistance agreement and the public purpose of the assistance;
(3) if the agreement includes job creation, the hourly wage of each job created with separate bands of wages;
(4) if the agreement includes job creation, the sum of the hourly wages and cost of health insurance provided by the employer with separate bands of wages;
(5) the location of the recipient prior to receiving the assistance; and
(6) other information the grantor requests.
(d) If the recipient does not submit its report, the local government agency must mail the recipient a warning within one week of the required filing date.� If, after 14 days of the postmarked date of the warning, the recipient fails to provide a report, the recipient must pay to the grantor a penalty of $100 for each subsequent day until the report is filed.� The maximum penalty shall not exceed $1,000.
Sec. 14.� Minnesota Statutes 2016, section 216B.161, subdivision 1, is amended to read:
Subdivision 1.� Definitions.� (a) For purposes of this section, the following terms have the meanings given them in this subdivision.
(b) "Area development rate" means a rate schedule established by a utility that provides customers within an area development zone service under a base utility rate schedule, except that charges may be reduced from the base rate as agreed upon by the utility and the customer consistent with this section.
(c) "Area development zone" means a contiguous or noncontiguous area designated by an authority or municipality for development or redevelopment and within which one of the following conditions exists:
(1) obsolete buildings not suitable for improvement or conversion or other identified hazards to the health, safety, and general well-being of the community;
(2) buildings in need of substantial rehabilitation or in substandard condition; or
(3) low values and damaged investments.
(d)
"Authority" means a rural development financing authority established
under sections 469.142 to 469.151; a housing and redevelopment authority
established under sections 469.001 to 469.047; a port authority established
under sections 469.048 to 469.068; an economic development authority
established under sections 469.090 to 469.108; a redevelopment agency as
defined in sections 469.152 to 469.165; the commissioner of Iron Range
resources and rehabilitation Board established under section 298.22; a
municipality that is administering a development district created under
sections 469.124 to 469.133 or any special law; a municipality that undertakes
a project under sections 469.152 to 469.165, except a town located outside the
metropolitan area as defined in section 473.121, subdivision 2, or with a
population of 5,000 persons or less; or a municipality that exercises the
powers of a port authority under any general or special law.
(e) "Municipality" means a city, however organized, and, with respect to a project undertaken under sections 469.152 to 469.165, "municipality" has the meaning given in sections 469.152 to 469.165, and, with respect to a project undertaken under sections 469.142 to 469.151 or a county or multicounty project undertaken under sections 469.004 to 469.008, also includes any county.
Sec. 15.� Minnesota Statutes 2016, section 216B.1694, subdivision 1, is amended to read:
Subdivision 1.� Definition.� For the purposes of this section, the term "innovative energy project" means a proposed energy-generation facility or group of facilities which may be located on up to three sites:
(1) that makes use of an innovative generation technology utilizing coal as a primary fuel in a highly efficient combined-cycle configuration with significantly reduced sulfur dioxide, nitrogen oxide, particulate, and mercury emissions from those of traditional technologies;
(2) that the project developer or owner certifies is a project capable of offering a long-term supply contract at a hedged, predictable cost; and
(3) that is designated by the commissioner
of the Iron Range resources and rehabilitation Board as a project
that is located in the taconite tax relief area on a site that has substantial
real property with adequate infrastructure to support new or expanded
development and that has received prior financial and other support from the
board.
Sec. 16.� Minnesota Statutes 2016, section 276A.01, subdivision 8, is amended to read:
Subd. 8.� Municipality.� "Municipality" means a city,
town, or township located in whole or part within the area.� If a municipality is located partly within
and partly without the area, the references in sections 276A.01 to 276A.09 to
property or any portion thereof subject to taxation or taxing jurisdiction
within the municipality are to the property or portion thereof that is located
in that portion of the municipality within the area, except that the fiscal
capacity of the municipality must be computed upon the basis of the valuation
and population of the entire municipality.�
A municipality shall be excluded from the area if its municipal
comprehensive zoning and planning policies conscientiously exclude most
commercial-industrial development, for reasons other than preserving an
agricultural use.� The commissioner of
Iron Range resources and rehabilitation Board and the commissioner of
revenue shall jointly make this determination annually and shall notify those
municipalities that are ineligible to participate in the tax base sharing
program provided in this chapter for the following year.� Before making the determination, the
commissioner of Iron Range resources and rehabilitation must consult the Iron
Range Resources and Rehabilitation Board.
Sec. 17.� Minnesota Statutes 2016, section 276A.01, subdivision 17, is amended to read:
Subd. 17.� School
fund allocation.� (a) "School
fund allocation" means an amount up to 25 percent of the areawide levy
certified by the commissioner of Iron Range resources and rehabilitation
Board, after consultation with the Iron Range Resources and
Rehabilitation Board, to be used for the purposes of the Iron Range school
consolidation and cooperatively operated school account under section 298.28,
subdivision 7a.
(b)
The allocation under paragraph (a) shall only be made after the commissioner
of Iron Range resources and rehabilitation Board, after
consultation with the Iron Range Resources and Rehabilitation Board, has
certified by June 30 that the Iron Range school consolidation and cooperatively
operated account has insufficient funds to make payments as authorized under
section 298.28, subdivision 7a.
Sec. 18.� Minnesota Statutes 2016, section 276A.06, subdivision 8, is amended to read:
Subd. 8.� Certification
of values; payment.� The
administrative auditor shall determine for each county the difference between
the total levy on distribution value pursuant to subdivision 3, clause (1),
including the school fund allocation within the county and the total tax on
contribution value pursuant to subdivision 7, within the county.� On or before May 16 of each year, the
administrative auditor shall certify the differences so determined and the
county's portion of the school fund allocation to each county auditor.� In addition, the administrative auditor shall
certify to those county auditors for whose county the total tax on contribution
value exceeds the total levy on distribution value the settlement the county is
to make to the other counties of the excess of the total tax on contribution
value over the total levy on distribution value in the county.� On or before June 15 and November 15 of each
year, each county treasurer in a county having a total tax on contribution
value in excess of the total levy on distribution value shall pay one-half of
the excess to the other counties in accordance with the administrative
auditor's certification.� On or before
June 15 and November 15 of each year, each county treasurer shall pay to the
administrative auditor that county's share of the school fund allocation.� On or before December 1 of each year, the
administrative auditor shall pay the school fund allocation to the commissioner
of Iron Range resources and rehabilitation Board for deposit in the
Iron Range school consolidation and cooperatively operated account.
Sec. 19.� Minnesota Statutes 2016, section 282.38, subdivision 1, is amended to read:
Subdivision 1.� Development.� In any county where the county board by
proper resolution sets aside funds for forest development pursuant to section
282.08, clause (5), item (i), or section 459.06, subdivision 2, the
commissioner of Iron Range resources and rehabilitation with the approval of
the board, after consultation with the Iron Range Resources and
Rehabilitation Board, may upon request of the county board assist said
county in carrying out any project for the long range development of its forest
resources through matching of funds or otherwise.
Sec. 20.� Minnesota Statutes 2016, section 282.38, subdivision 3, is amended to read:
Subd. 3.� Not to affect commissioner of Iron Range resources and rehabilitation.� Nothing herein shall be construed to limit or abrogate the authority of the commissioner of Iron Range resources and rehabilitation to give temporary assistance to any county in the development of its land use program.
Sec. 21.� Minnesota Statutes 2016, section 298.001, subdivision 8, is amended to read:
Subd. 8.� Commissioner.� "Commissioner" means the commissioner of revenue of the state of Minnesota, except that when used in sections 298.22 to 298.227 and 298.291 to 298.297, "commissioner" means the commissioner of Iron Range resources and rehabilitation.
Sec. 22.� Minnesota Statutes 2016, section 298.001, is amended by adding a subdivision to read:
Subd. 12.� Advisory
board.� "Advisory
board" means the Iron Range Resources and Rehabilitation Board, as
established under section 298.22.� The
acronym "IRRRB" means the advisory board.
Sec. 23.� Minnesota Statutes 2016, section 298.018, subdivision 1, is amended to read:
Subdivision 1.� Within taconite assistance area.� The proceeds of the tax paid under sections 298.015 and 298.016 on ores, metals, or minerals mined or extracted within the taconite assistance area defined in section 273.1341, shall be allocated as follows:
(1) five percent to the city or town within which the minerals or energy resources are mined or extracted, or within which the concentrate was produced.� If the mining and concentration, or different steps in either process, are carried on in more than one taxing district, the commissioner shall apportion equitably the proceeds among the cities and towns by attributing 50 percent of the proceeds of the tax to the operation of mining or extraction, and the remainder to the concentrating plant and to the processes of concentration, and with respect to each thereof giving due consideration to the relative extent of the respective operations performed in each taxing district;
(2) ten percent to the taconite municipal aid account to be distributed as provided in section 298.282;
(3) ten percent to the school district within which the minerals or energy resources are mined or extracted, or within which the concentrate was produced.� If the mining and concentration, or different steps in either process, are carried on in more than one school district, distribution among the school districts must be based on the apportionment formula prescribed in clause (1);
(4) 20 percent to a group of school districts comprised of those school districts wherein the mineral or energy resource was mined or extracted or in which there is a qualifying municipality as defined by section 273.134, paragraph (b), in direct proportion to school district indexes as follows:� for each school district, its pupil units determined under section 126C.05 for the prior school year shall be multiplied by the ratio of the average adjusted net tax capacity per pupil unit for school districts receiving aid under this clause as calculated pursuant to chapters 122A, 126C, and 127A for the school year ending prior to distribution to the adjusted net tax capacity per pupil unit of the district.� Each district shall receive that portion of the distribution which its index bears to the sum of the indices for all school districts that receive the distributions;
(5) 20 percent to the county within which the minerals or energy resources are mined or extracted, or within which the concentrate was produced.� If the mining and concentration, or different steps in either process, are carried on in more than one county, distribution among the counties must be based on the apportionment formula prescribed in clause (1), provided that any county receiving distributions under this clause shall pay one percent of its proceeds to the Range Association of Municipalities and Schools;
(6) 20 percent to St. Louis County acting as the counties' fiscal agent to be distributed as provided in sections 273.134 to 273.136;
(7) five percent to the commissioner of
Iron Range resources and rehabilitation Board for the purposes of
section 298.22;
(8) three percent to the Douglas J. Johnson economic protection trust fund; and
(9) seven percent to the taconite environmental protection fund.
The proceeds of the tax shall be distributed on July 15 each year.
Sec. 24.� Minnesota Statutes 2016, section 298.17, is amended to read:
298.17
OCCUPATION TAXES TO BE APPORTIONED.
(a) All occupation taxes paid by persons, copartnerships, companies, joint stock companies, corporations, and associations, however or for whatever purpose organized, engaged in the business of mining or producing iron ore or other ores, when collected shall be apportioned and distributed in accordance with the Constitution of the state of Minnesota, article X, section 3, in the manner following:� 90 percent shall be deposited in the state treasury and credited to the general fund of which four-ninths shall be used for the support of elementary and secondary schools; and ten percent of the proceeds of the tax imposed by this section shall be deposited in the state treasury and credited to the general fund for the general support of the university.
(b) Of the money apportioned to the
general fund by this section:� (1) there
is annually appropriated and credited to the mining environmental and
regulatory account in the special revenue fund an amount equal to that which
would have been generated by a 2-1/2 cent tax imposed by section 298.24 on each
taxable ton produced in the preceding calendar year.� Money in the mining environmental and
regulatory account is appropriated annually to the commissioner of natural
resources to fund agency staff to work on environmental issues and provide
regulatory services for ferrous and nonferrous mining operations in this state.� Payment to the mining environmental and
regulatory account shall be made by July 1 annually.� The commissioner of natural resources shall
execute an interagency agreement with the Pollution Control Agency to assist
with the provision of environmental regulatory services such as monitoring and
permitting required for ferrous and nonferrous mining operations; (2) there is annually
appropriated and credited to the Iron Range resources and rehabilitation Board
account in the special revenue fund an amount equal to that which would have
been generated by a 1.5 cent tax imposed by section 298.24 on each taxable ton
produced in the preceding calendar year, to be expended for the purposes of
section 298.22; and (3) there is annually appropriated and credited to the Iron
Range resources and rehabilitation Board account in the special revenue
fund for transfer to the Iron Range school consolidation and cooperatively
operated school account under section 298.28, subdivision 7a, an amount equal
to that which would have been generated by a six cent tax imposed by section
298.24 on each taxable ton produced in the preceding calendar year. �Payment to the Iron Range resources and
rehabilitation Board account shall be made by May 15 annually.
(c) The money appropriated pursuant to
paragraph (b), clause (2), shall be used (i) to provide environmental
development grants to local governments located within any county in region 3
as defined in governor's executive order number 60, issued on June 12, 1970,
which does not contain a municipality qualifying pursuant to section 273.134,
paragraph (b), or (ii) to provide economic development loans or grants to
businesses located within any such county, provided that the county board or an
advisory group appointed by the county board to provide recommendations on
economic development shall make recommendations to the commissioner of
Iron Range resources and rehabilitation Board regarding the loans.� Payment to the Iron Range resources and
rehabilitation Board account shall be made by May 15 annually.
(d) Of the money allocated to Koochiching County, one-third must be paid to the Koochiching County Economic Development Commission.
Sec. 25.� Minnesota Statutes 2016, section 298.22, subdivision 1, is amended to read:
Subdivision 1.� The
Office of Commissioner Department of Iron Range Resources and
Rehabilitation.� (a) The Office of
the Commissioner Department of Iron Range Resources and
Rehabilitation is created as an agency in the executive branch of state
government.� The governor shall appoint
the commissioner of Iron Range resources and rehabilitation under section 15.06.� The commissioner may expend amounts
appropriated to the commissioner for projects after consultation with the
advisory board created under subdivision 1a.
(b)
The commissioner may hold other positions or appointments that are not
incompatible with duties as commissioner of Iron Range resources and
rehabilitation.� The commissioner may
appoint a deputy commissioner.� All
expenses of the commissioner, including the payment of staff and other
assistance as may be necessary, must be paid out of the amounts appropriated by
section 298.28 or otherwise made available by law to the commissioner.� Notwithstanding chapters 16A, 16B, and 16C,
the commissioner may utilize contracting options available under section
471.345 when the commissioner determines it is in the best interest of the agency.� The agency is not subject to sections 16E.016
and 16C.05.� The commissioner has the
authority to reimburse any nongovernmental manager operating state-owned
facilities within the Giants Ridge Recreation Area for purchasing materials,
supplies, equipment, or other items used in the operations at such facilities.
(c) When the commissioner determines that
distress and unemployment exists or may exist in the future in any county by
reason of the removal of natural resources or a possibly limited use of natural
resources in the future and any resulting decrease in employment, the
commissioner may use whatever amounts of the appropriation made to the
commissioner of revenue in section 298.28 that are determined to be necessary
and proper in the development of the remaining resources of the county and in
the vocational training and rehabilitation of its residents, except that the
amount needed to cover cost overruns awarded to a contractor by an arbitrator
in relation to a contract awarded by the commissioner or in effect after July
1, 1985, is appropriated from the general fund.� For the purposes of this section,
"development of remaining resources" includes, but is not limited to,
the promotion of tourism.
Sec. 26.� Minnesota Statutes 2016, section 298.22, subdivision 1a, is amended to read:
Subd. 1a.� Iron
Range Resources and Rehabilitation Board.�
(a) The Iron Range Resources and Rehabilitation Board
consists of the state senators and representatives elected from state
senatorial or legislative districts in which one-third or more of the residents
reside in a taconite assistance area as defined in section 273.1341.� One additional state senator shall also be
appointed by the senate Subcommittee on Committees of the Committee on Rules
and Administration. �All expenditures and
projects made by the commissioner shall first be submitted to the advisory
board for approval.� The
advisory board shall recommend approval or disapproval or modification of the
expenditures and projects.� The
expenses of the advisory board shall be paid by the state from the funds
raised pursuant to this section.� Members
of the advisory board may be reimbursed for expenses in the manner
provided in sections 3.099, subdivision 1, and 3.101, and may receive per diem
payments during the interims between legislative sessions in the manner
provided in section 3.099, subdivision 1.
The members shall be appointed in January of every odd-numbered year, and shall serve until January of the next odd-numbered year.� Vacancies on the board shall be filled in the same manner as original members were chosen.
(b) The advisory board must develop
procedures to elect a chair who shall preside over and convene meetings as
often as necessary to conduct duties prescribed by this chapter.� The advisory board must meet at least two
times per year to review the actions of the commissioner.
Sec. 27.� Minnesota Statutes 2016, section 298.22, is amended by adding a subdivision to read:
Subd. 1b.� Evaluation
of programs.� (a) In
evaluating programs proposed by the commissioner, the advisory board must
consider factors, including but not limited to the extent to which the program:
(1) contributes to increasing the
effectiveness of promoting or managing Iron Range economic and workforce
development, community development, minerals and natural resources development,
and any other issue as determined by the advisory board; and
(2) advances the strategic plan adopted
under subdivision 1c.
(b)
In evaluating programs proposed by the commissioner, the advisory board must
consider factors, including but not limited to:
(1) job creation or retention goals for
the program, including but not limited to wages and benefits; whether the jobs
created are full time, part time, temporary, or permanent; and whether the
stated job creation or retention goals in the program proposal can be
adequately measured using methods established by the commissioner;
(2) how and to what extent the program
is expected to impact the economic climate of the Iron Range resources and
rehabilitation services area;
(3) how the program would meet match
requirements, if any; and
(4) whether the program meets the
written objectives, priorities, and policies established by the commissioner.
Sec. 28.� Minnesota Statutes 2016, section 298.22, is amended by adding a subdivision to read:
Subd. 1c.� Strategic
plan required.� The
commissioner, in consultation with the advisory board, shall adopt a four-year
strategic plan for making expenditures, including identifying the priority
areas for funding for the term of the commissioner's appointment.� The strategic plan must be reviewed annually.� The strategic plan must have clearly stated
short- and long-term goals and strategies for expenditures, provide measurable
outcomes for expenditures, and determine areas of emphasis for funding.
Sec. 29.� Minnesota Statutes 2016, section 298.22, subdivision 5a, is amended to read:
Subd. 5a.� Forest
trust.� The commissioner, upon
approval by the board after consultation with the advisory board,
may purchase forest lands in the taconite assistance area defined in
under section 273.1341 with funds specifically authorized for the purchase.� The acquired forest lands must be held in
trust for the benefit of the citizens of the taconite assistance area as the
Iron Range Miners' Memorial Forest.� The
forest trust lands shall be managed and developed for recreation and economic
development purposes.� The commissioner, upon
approval by the after consultation with the advisory board, may sell
forest lands purchased under this subdivision if the board finds commissioner
determines that the sale advances the purposes of the trust.� Proceeds derived from the management or sale
of the lands and from the sale of timber or removal of gravel or other minerals
from these forest lands shall be deposited into an Iron Range Miners' Memorial
Forest account that is established within the state financial accounts.� Funds may be expended from the account upon
approval by the commissioner, after consultation with the advisory
board, to purchase, manage, administer, convey interests in, and improve the
forest lands.� With approval by the
board, After consultation with the advisory board, the commissioner may
transfer money in the Iron Range Miners' Memorial Forest account may be
transferred into the corpus of the Douglas J. Johnson economic protection
trust fund established under sections 298.291 to 298.294.� The property acquired under the authority
granted by this subdivision and income derived from the property or the
operation or management of the property are exempt from taxation by the state
or its political subdivisions while held by the forest trust.
Sec. 30.� Minnesota Statutes 2016, section 298.22, subdivision 6, is amended to read:
Subd. 6.� Private
entity participation.� The commissioner,
after consultation with the advisory board, may acquire an equity
interest in any project for which it the commissioner provides
funding.� The commissioner may, after
consultation with the advisory board, establish, participate in the
management of, and dispose of the assets of charitable foundations, nonprofit
limited liability companies, and nonprofit corporations associated with any
project for which it the commissioner provides funding, including
specifically, but without limitation, a corporation within the meaning of
section 317A.011, subdivision 6.
Sec. 31.� Minnesota Statutes 2016, section 298.22, subdivision 10, is amended to read:
Subd. 10.� Sale
or privatization of functions.� The
commissioner of Iron Range resources and rehabilitation may not sell or
privatize the Ironworld Minnesota Discovery Center or Giants
Ridge Golf and Ski Resort without prior approval by the advisory board.
Sec. 32.� Minnesota Statutes 2016, section 298.22, subdivision 11, is amended to read:
Subd. 11.� Budgeting.� The commissioner of Iron Range resources and rehabilitation shall annually prepare a budget for operational expenditures, programs, and projects, and submit it to the Iron Range Resources and Rehabilitation Board.� After the budget is approved by the advisory board and the governor, the commissioner may spend money in accordance with the approved budget.
Sec. 33.� Minnesota Statutes 2016, section 298.22, is amended by adding a subdivision to read:
Subd. 13.� Grants
and loans for economic development projects; requirements.� (a) Prior to awarding any grants or
approving loans from any fund or account from which the commissioner has the
authority under law to expend money, the commissioner must evaluate
applications based on criteria including, but not limited to:
(1) job creation or retention goals for
the project, including but not limited to wages and benefits, and whether the
jobs created are full time, part time, temporary, or permanent;
(2) whether the applicant's stated job
creation or retention goals can be adequately measured using methods
established by the commissioner;
(3) how and to what extent the project
proposed by the applicant is expected to impact the economic climate of the
Iron Range resources and rehabilitation services area;
(4) how the applicant would meet match
requirements, if any; and
(5) whether the project for which a
grant or loan application has been submitted meets the written objectives,
priorities, and policies established by the commissioner.
(b) The commissioner, if appropriate,
may include incentives in loan and grant award agreements to promote and assist
grant recipients in achieving the stated job creation and retention objectives
established by the commissioner.
(c) For all loans and grants awarded
from funds under the commissioner's authority pursuant to this chapter, the
commissioner must:
(1) maintain a database for tracking
loan and grant awards;
(2) maintain an objective mechanism for
measuring job creation and retention;
(3) verify achievement of job creation
and retention goals by grant and loan recipients;
(4) monitor grant and loan awards to
ensure that projects comply with applicable Iron Range resources and
rehabilitation policies; and
(5) verify that grant or loan
recipients have met applicable matching fund requirements.
Sec. 34.� Minnesota Statutes 2016, section 298.221, is amended to read:
298.221
RECEIPTS FROM CONTRACTS; APPROPRIATION.
(a) Except as provided in paragraph (c),
all money paid to the state of Minnesota pursuant to the terms of any contract
entered into by the state under authority of section 298.22 and any fees which
may, in the discretion of the commissioner of Iron Range resources and
rehabilitation, be charged in connection with any project pursuant to that
section as amended, shall be deposited in the state treasury to the credit of
the Iron Range resources and rehabilitation Board account in the special
revenue fund and are hereby appropriated for the purposes of section 298.22.
(b) Notwithstanding section 16A.013,
merchandise may be accepted by the commissioner of the Iron Range resources and
rehabilitation Board for payment of advertising contracts if the
commissioner determines that the merchandise can be used for special event
prizes or mementos at facilities operated by the board commissioner.� Nothing in this paragraph authorizes the
commissioner or a member of the advisory board to receive merchandise
for personal use.
(c) All fees charged by the commissioner
in connection with public use of the state-owned ski and golf facilities at the
Giants Ridge Recreation Area and all other revenues derived by the commissioner
from the operation or lease of those facilities and from the lease, sale, or
other disposition of undeveloped lands at the Giants Ridge Recreation Area must
be deposited into an Iron Range resources and rehabilitation Board
account that is created within the state enterprise fund.� All funds deposited in the enterprise fund
account are appropriated to the commissioner to be expended, subject to
approval by the board, and may only be used, after consultation with the
advisory board, as follows:
(1) to pay costs associated with the construction, equipping, operation, repair, or improvement of the Giants Ridge Recreation Area facilities or lands;
(2) to pay principal, interest and associated bond issuance, reserve, and servicing costs associated with the financing of the facilities; and
(3) to pay the costs of any other project authorized under section 298.22.
Sec. 35.� Minnesota Statutes 2016, section 298.2211, subdivision 3, is amended to read:
Subd. 3.� Project
approval.� All projects authorized
by this section shall be submitted by the commissioner to the Iron Range
Resources and Rehabilitation Board for approval by the board The
commissioner may authorize a project under this section only after consulting
the advisory board.� Prior to the
commencement of a project involving the exercise by the commissioner of any
authority of sections 469.174 to 469.179, the governing body of each
municipality in which any part of the project is located and the county board
of any county containing portions of the project not located in an incorporated
area shall by majority vote approve or disapprove the project.� Any project approved by the board commissioner
and the applicable governing bodies, if any, together with detailed information
concerning the project, its costs, the sources of its funding, and the amount
of any bonded indebtedness to be incurred in connection with the project, shall
be transmitted to the governor, who shall approve, disapprove, or return the
proposal for additional consideration within 30 days of receipt.� No project authorized under this section
shall be undertaken, and no obligations shall be issued and no tax increments
shall be expended for a project authorized under this section until the project
has been approved by the governor.
Sec. 36.� Minnesota Statutes 2016, section 298.2211, subdivision 6, is amended to read:
Subd. 6.� Fee
setting.� Fees for admission to or
use of facilities operated by the commissioner of Iron Range resources
and rehabilitation Board that have been established according to
prevailing market conditions and to recover operating costs need not be set by
rule.
Sec. 37.� Minnesota Statutes 2016, section 298.2212, is amended to read:
298.2212
INVESTMENT OF FUNDS.
All funds credited to the Iron Range
resources and rehabilitation Board account in the special revenue fund
for the purposes of section 298.22 must be invested pursuant to law.� The net interest and dividends from the
investments are included and become part of the funds available for purposes of
section 298.22.
Sec. 38.� Minnesota Statutes 2016, section 298.223, subdivision 1, is amended to read:
Subdivision 1.� Creation; purposes.� A fund called the taconite environmental protection fund is created for the purpose of reclaiming, restoring and enhancing those areas of northeast Minnesota located within the taconite assistance area defined in section 273.1341, that are adversely affected by the environmentally damaging operations involved in mining taconite and iron ore and producing iron ore concentrate and for the purpose of promoting the economic development of northeast Minnesota.� The taconite environmental protection fund shall be used for the following purposes:
(1) to initiate investigations into
matters the commissioner of Iron Range resources and rehabilitation Board
determines are in need of study and which will determine the environmental
problems requiring remedial action;
(2) reclamation, restoration, or reforestation of mine lands not otherwise provided for by state law;
(3) local economic development projects but
only if those projects are approved by the board, and public works,
including construction of sewer and water systems located within the taconite
assistance area defined in section 273.1341;
(4) monitoring of mineral industry related health problems among mining employees; and
(5) local public works projects under section 298.227, paragraph (c).
Sec. 39.� Minnesota Statutes 2016, section 298.223, subdivision 2, is amended to read:
Subd. 2.� Administration.� (a) The taconite area
environmental protection fund shall be administered by the commissioner of
the Iron Range Resources and Rehabilitation Board, who must consult with
the advisory board before expending any funds.� The commissioner shall by September 1 of
each year submit to the board a list of projects to be funded from the taconite
area environmental protection fund, with such supporting information including
description of the projects, plans, and cost estimates as may be necessary.
(b) Each year no less than one-half of
the amounts deposited into the taconite environmental protection fund must be
used for public works projects, including construction of sewer and water
systems, as specified under subdivision 1, clause (3).� the Iron Range Resources and Rehabilitation
Board may waive the requirements of this paragraph.
(c)
Upon approval by the board, the list of projects approved under this
subdivision shall be submitted to the governor by November 1 of each year.� By December 1 of each year, the governor
shall approve or disapprove, or return for further consideration, each project.� Funds for a project may be expended only upon
approval of the project by the board and the governor.� The commissioner may submit supplemental
projects to the board and governor for approval at any time.
Sec. 40.� Minnesota Statutes 2016, section 298.227, is amended to read:
298.227 TACONITE
ECONOMIC DEVELOPMENT FUND.
(a) An amount equal to that distributed pursuant to
each taconite producer's taxable production and qualifying sales under section
298.28, subdivision 9a, shall be held by the commissioner of Iron Range
resources and rehabilitation Board in a separate taconite economic
development fund for each taconite and direct reduced ore producer.� Money from the fund for each producer shall
be released by the commissioner after review by a joint committee consisting of
an equal number of representatives of the salaried employees and the
nonsalaried production and maintenance employees of that producer.� The District 11 director of the United States
Steelworkers of America, on advice of each local employee president, shall
select the employee members.� In
nonorganized operations, the employee committee shall be elected by the
nonsalaried production and maintenance employees.� The review must be completed no later than
six months after the producer presents a proposal for expenditure of the funds
to the committee.� The funds held
pursuant to this section may be released only for workforce development and
associated public facility improvement, or for acquisition of plant and
stationary mining equipment and facilities for the producer or for research and
development in Minnesota on new mining, or taconite, iron, or steel production
technology, but only if the producer provides a matching expenditure equal to the
amount of the distribution to be used for the same purpose beginning with
distributions in 2014.� Effective for
proposals for expenditures of money from the fund beginning May 26, 2007, the
commissioner may not release the funds before the next scheduled meeting of the
board.� If a proposed expenditure is not
approved by the commissioner, after consultation with the advisory
board, the funds must be deposited in the Taconite Environmental Protection
Fund under sections 298.222 to 298.225.� If
a producer uses money which has been released from the fund prior to May 26,
2007 to procure haulage trucks, mobile equipment, or mining shovels, and the
producer removes the piece of equipment from the taconite tax relief area
defined in section 273.134 within ten years from the date of receipt of the
money from the fund, a portion of the money granted from the fund must be
repaid to the taconite economic development fund.� The portion of the money to be repaid is 100
percent of the grant if the equipment is removed from the taconite tax relief
area within 12 months after receipt of the money from the fund, declining by
ten percent for each of the subsequent nine years during which the equipment
remains within the taconite tax relief area.� If a taconite production facility is sold
after operations at the facility had ceased, any money remaining in the fund
for the former producer may be released to the purchaser of the facility on the
terms otherwise applicable to the former producer under this section.� If a producer fails to provide matching funds
for a proposed expenditure within six months after the commissioner approves
release of the funds, the funds are available for release to another producer
in proportion to the distribution provided and under the conditions of this
section.� Any portion of the fund which
is not released by the commissioner within one year of its deposit in the fund
shall be divided between the taconite environmental protection fund created in
section 298.223 and the Douglas J. Johnson economic protection trust fund
created in section 298.292 for placement in their respective special accounts.� Two-thirds of the unreleased funds shall be
distributed to the taconite environmental protection fund and one-third to the Douglas
J. Johnson economic protection trust fund.
(b)(i) Notwithstanding the requirements of paragraph (a),
setting the amount of distributions and the review process, an amount equal to
ten cents per taxable ton of production in 2007, for distribution in 2008 only,
that would otherwise be distributed under paragraph (a), may be used for a loan
or grant for the cost of providing for a value‑added wood product
facility located in the taconite tax relief area and in a county that contains
a city of the first class.� This amount
must be deducted from the distribution under paragraph (a) for which a matching
expenditure by the producer is not required.�
The granting of the loan or grant is subject to approval by the board.� If
the
money is provided as a loan, interest must be payable on the loan at the rate
prescribed in section 298.2213, subdivision 3.�
(ii) Repayments of the loan and interest, if any, must be deposited in
the taconite environment protection fund under sections 298.222 to 298.225.� If a loan or grant is not made under this
paragraph by July 1, 2012, the amount that had been made available for the loan
under this paragraph must be transferred to the taconite environment protection
fund under sections 298.222 to 298.225.� (iii)
Money distributed in 2008 to the fund established under this section that
exceeds ten cents per ton is available to qualifying producers under paragraph
(a) on a pro rata basis.
(c) Repayment or transfer of money to
the taconite environmental protection fund under paragraph (b), item (ii), must
be allocated by the Iron Range resources and rehabilitation Board for public
works projects in house legislative districts in the same proportion as taxable
tonnage of production in 2007 in each house legislative district, for
distribution in 2008, bears to total taxable tonnage of production in 2007, for
distribution in 2008.� Notwithstanding
any other law to the contrary, expenditures under this paragraph do not require
approval by the governor.� For purposes
of this paragraph, "house legislative districts" means the
legislative districts in existence on May 15, 2009.
Sec. 41.� Minnesota Statutes 2016, section 298.27, is amended to read:
298.27
COLLECTION AND PAYMENT OF TAX.
The taxes provided by section 298.24 shall
be paid directly to each eligible county and the commissioner of Iron
Range resources and rehabilitation Board.� The commissioner of revenue shall notify each
producer of the amount to be paid each recipient prior to February 15.� Every person subject to taxes imposed by
section 298.24 shall file a correct report covering the preceding year.� The report must contain the information
required by the commissioner of revenue.�
The report shall be filed by each producer on or before February 1.� A remittance equal to 50 percent of the total
tax required to be paid hereunder shall be paid on or before February 24.� A remittance equal to the remaining total tax
required to be paid hereunder shall be paid on or before August 24.� On or before February 25 and August 25, the
county auditor shall make distribution of the payments previously received by
the county in the manner provided by section 298.28.� Reports shall be made and hearings held upon
the determination of the tax in accordance with procedures established by the
commissioner of revenue.� The
commissioner of revenue shall have authority to make reasonable rules as to the
form and manner of filing reports necessary for the determination of the tax
hereunder, and by such rules may require the production of such information as
may be reasonably necessary or convenient for the determination and
apportionment of the tax.� All the
provisions of the occupation tax law with reference to the assessment and
determination of the occupation tax, including all provisions for appeals from
or review of the orders of the commissioner of revenue relative thereto, but
not including provisions for refunds, are applicable to the taxes imposed by
section 298.24 except in so far as inconsistent herewith.� If any person subject to section 298.24 shall
fail to make the report provided for in this section at the time and in the
manner herein provided, the commissioner of revenue shall in such case, upon
information possessed or obtained, ascertain the kind and amount of ore mined
or produced and thereon find and determine the amount of the tax due from such
person.� There shall be added to the
amount of tax due a penalty for failure to report on or before February 1,
which penalty shall equal ten percent of the tax imposed and be treated as a
part thereof.
If any person responsible for making a tax payment at the time and in the manner herein provided fails to do so, there shall be imposed a penalty equal to ten percent of the amount so due, which penalty shall be treated as part of the tax due.
In the case of any underpayment of the tax payment required herein, there may be added and be treated as part of the tax due a penalty equal to ten percent of the amount so underpaid.
A person having a liability of $120,000 or more during a calendar year must remit all liabilities by means of a funds transfer as defined in section 336.4A-104, paragraph (a).� The funds transfer payment date, as defined in section 336.4A-401, must be on or before the date the tax is due.� If the date the tax is due is not a funds transfer business day, as defined in section 336.4A-105, paragraph (a), clause (4), the payment date must be on or before the funds transfer business day next following the date the tax is due.
Sec. 42.� Minnesota Statutes 2016, section 298.28, subdivision 7, is amended to read:
Subd. 7.� Iron
Range resources and rehabilitation Board account.� For the 1998 distribution, 6.5 cents per
taxable ton shall be paid to the Iron Range resources and rehabilitation Board
account for the purposes of section 298.22.� That amount shall be increased for
distribution years 1999 through 2014 and for distribution in 2018 and
subsequent years in the same proportion as the increase in the implicit price
deflator as provided in section 298.24, subdivision 1.� The amount distributed pursuant to this
subdivision shall be expended within or for the benefit of the taconite
assistance area defined in section 273.1341.�
No part of the fund provided in this subdivision may be used to
provide loans for the operation of private business unless the loan is approved
by the governor.
Sec. 43.� Minnesota Statutes 2016, section 298.28, subdivision 7a, is amended to read:
Subd. 7a.� Iron
Range school consolidation and cooperatively operated school account.� (a) The following amounts must be
allocated to the commissioner of Iron Range resources and rehabilitation
Board to be deposited in the Iron Range school consolidation and
cooperatively operated school account that is hereby created:
(1)(i)
for distributions in 2015 through 2023, ten cents per taxable ton of the tax
imposed under section 298.24; and
(ii) for distributions beginning in 2024, five cents per taxable ton of the tax imposed under section 298.24;
(2) the amount as determined under section 298.17, paragraph (b), clause (3);
(3)(i) for distributions in 2015, an amount equal to two-thirds of the increased tax proceeds attributable to the increase in the implicit price deflator as provided in section 298.24, subdivision 1, with the remaining one-third to be distributed to the Douglas J. Johnson economic protection trust fund;
(ii) for distributions in 2016, an amount equal to two-thirds of the sum of the increased tax proceeds attributable to the increase in the implicit price deflator as provided in section 298.24, subdivision 1, for distribution years 2015 and 2016, with the remaining one-third to be distributed to the Douglas J. Johnson economic protection trust fund; and
(iii) for distributions in 2017, an amount equal to two-thirds of the sum of the increased tax proceeds attributable to the increase in the implicit price deflator as provided in section 298.24, subdivision 1, for distribution years 2015, 2016, and 2017, with the remaining one-third to be distributed to the Douglas J. Johnson economic protection trust fund; and
(4) any other amount as provided by law.
(b) Expenditures from this account may be approved as ongoing annual expenditures and shall be made only to provide disbursements to assist school districts with the payment of bonds that were issued for qualified school projects, or for any other school disbursement as approved by the commissioner of Iron Range resources and rehabilitation after consultation with the Iron Range Resources and Rehabilitation Board.� For purposes of this section, "qualified school projects" means school projects within the taconite assistance area as defined in section 273.1341, that were (1) approved, by referendum, after April 3, 2006; and (2) approved by the commissioner of education pursuant to section 123B.71.
(c) Beginning in fiscal year 2019, the disbursement to school districts for payments for bonds issued under section 123A.482, subdivision 9, must be increased each year to offset any reduction in debt service equalization aid that the school district qualifies for in that year, under section 123B.53, subdivision 6, compared with the amount the school district qualified for in fiscal year 2018.
(d) No expenditure under this section shall
be made unless approved by seven members of the commissioner of Iron
Range resources and rehabilitation after consultation with the Iron Range
Resources and Rehabilitation Board.
Sec. 44.� Minnesota Statutes 2016, section 298.28, subdivision 9c, is amended to read:
Subd. 9c.� Distribution;
city of Eveleth.� 0.20 cent per
taxable ton must be paid to the city of Eveleth for distribution in 2013 and
thereafter, to be used for the support of the Hockey Hall of Fame, provided
that it continues to operate in that city, and provided that the city of
Eveleth certifies to the St. Louis County auditor that it has received
donations for the support of the Hockey Hall of Fame from other donors.� If the Hockey Hall of Fame ceases to operate
in the city of Eveleth prior to receipt of the distribution in any year, and
the governing body of the city determines that it is unlikely to resume
operation there within a six-month period, the distribution under this
subdivision shall be made to the commissioner of Iron Range resources
and rehabilitation Board.
Sec. 45.� Minnesota Statutes 2016, section 298.28, subdivision 9d, is amended to read:
Subd. 9d.� Iron
Range higher education account.� Five
cents per taxable ton must be allocated to the Iron Range Resources and
Rehabilitation Board to be deposited in an Iron Range higher education
account that is hereby created, to be used for higher education programs
conducted at educational institutions in the taconite assistance area defined
in section 273.1341.� The Iron Range
Higher Education committee under section 298.2214, and the commissioner of
Iron Range resources and rehabilitation Board, after consultation
with the advisory board, must approve all expenditures from the account.
Sec. 46.� Minnesota Statutes 2016, section 298.28, subdivision 11, is amended to read:
Subd. 11.� Remainder.� (a) The proceeds of the tax imposed by section 298.24 which remain after the distributions and payments in subdivisions 2 to 10a, as certified by the commissioner of revenue, and paragraphs (b), (c), and (d) have been made, together with interest earned on all money distributed under this section prior to distribution, shall be divided between the taconite environmental protection fund created in section 298.223 and the Douglas J. Johnson economic protection trust fund created in section 298.292 as follows:� Two-thirds to the taconite environmental protection fund and one-third to the Douglas J. Johnson economic protection trust fund.� The proceeds shall be placed in the respective special accounts.
(b) There shall be distributed to each city, town, and county the amount that it received under Minnesota Statutes 1978, section 294.26, in calendar year 1977; provided, however, that the amount distributed in 1981 to the unorganized territory number 2 of Lake County and the town of Beaver Bay based on the between-terminal trackage of Erie Mining Company will be distributed in 1982 and subsequent years to the unorganized territory number 2 of Lake County and the towns of Beaver Bay and Stony River based on the miles of track of Erie Mining Company in each taxing district.
(c) There shall be distributed to the Iron
Range resources and rehabilitation Board account the amounts it
received in 1977 under Minnesota Statutes 1978, section 298.22.� The amount distributed under this paragraph
shall be expended within or for the benefit of the taconite assistance area
defined in section 273.1341.
(d) There shall be distributed to each school district 62 percent of the amount that it received under Minnesota Statutes 1978, section 294.26, in calendar year 1977.
Sec. 47.� Minnesota Statutes 2016, section 298.292, subdivision 2, is amended to read:
Subd. 2.� Use of money.� Money in the Douglas J. Johnson economic protection trust fund may be used for the following purposes:
(1) to provide loans, loan guarantees, interest buy-downs and other forms of participation with private sources of financing, but a loan to a private enterprise shall be for a principal amount not to exceed one-half of the cost of the project for which financing is sought, and the rate of interest on a loan to a private enterprise shall be no less than the lesser of eight percent or an interest rate three percentage points less than a full faith and credit obligation of the United States government of comparable maturity, at the time that the loan is approved;
(2) to fund reserve accounts established to secure the payment when due of the principal of and interest on bonds issued pursuant to section 298.2211;
(3) to pay in periodic payments or in a lump-sum payment any or all of the interest on bonds issued pursuant to chapter 474 for the purpose of constructing, converting, or retrofitting heating facilities in connection with district heating systems or systems utilizing alternative energy sources;
(4) to invest in a venture capital fund or enterprise that will provide capital to other entities that are engaging in, or that will engage in, projects or programs that have the purposes set forth in subdivision 1.� No investments may be made in a venture capital fund or enterprise unless at least two other unrelated investors make investments of at least $500,000 in the venture capital fund or enterprise, and the investment by the Douglas J. Johnson economic protection trust fund may not exceed the amount of the largest investment by an unrelated investor in the venture capital fund or enterprise.� For purposes of this subdivision, an "unrelated investor" is a person or entity that is not related to the entity in which the investment is made or to any individual who owns more than 40 percent of the value of the entity, in any of the following relationships:� spouse, parent, child, sibling, employee, or owner of an interest in the entity that exceeds ten percent of the value of all interests in it.� For purposes of determining the limitations under this clause, the amount of investments made by an investor other than the Douglas J. Johnson economic protection trust fund is the sum of all investments made in the venture capital fund or enterprise during the period beginning one year before the date of the investment by the Douglas J. Johnson economic protection trust fund; and
(5) to purchase forest land in the taconite
assistance area defined in section 273.1341 to be held and managed as a public
trust for the benefit of the area for the purposes authorized in section
298.22, subdivision 5a.� Property
purchased under this section may be sold by the commissioner upon approval
by the, after consultation with the advisory board.� The net proceeds must be deposited in the
trust fund for the purposes and uses of this section.
Money from the trust fund shall be expended only in or for the benefit of the taconite assistance area defined in section 273.1341.
Sec. 48.� Minnesota Statutes 2016, section 298.296, is amended to read:
298.296
OPERATION OF FUND.
Subdivision 1.� Project
approval.� The board and
commissioner shall by August 1 of each year prepare a list of projects to be
funded from the Douglas J. Johnson economic protection trust with necessary
supporting information including description of the projects, plans, and cost
estimates.� These Projects shall be
consistent with the priorities established in section 298.292 and shall not be
approved by the board unless it commissioner unless the commissioner,
after consultation with the advisory board, finds that:
(a) the project will materially assist, directly or indirectly, the creation of additional long-term employment opportunities;
(b) the prospective benefits of the expenditure exceed the anticipated costs; and
(c) in the case of assistance to private enterprise, the project will serve a sound business purpose.
Each project must be approved by over
one-half of all of the members of the board and the commissioner of Iron Range resources and rehabilitation.� The list of projects shall be submitted to
the governor, who shall, by November 15 of each year, approve or
disapprove, or return for further consideration, each project.� The money for a project may be expended only
upon approval of the project by the governor.�
The board may submit supplemental projects for approval at any time.
Subd. 2.� Expenditure of funds.� (a) Before January 1, 2028, funds may be expended on projects and for administration of the trust fund only from the net interest, earnings, and dividends arising from the investment of the trust at any time, including net interest, earnings, and dividends that have arisen prior to July 13, 1982, plus $10,000,000 made available for use in fiscal year 1983, except that any amount required to be paid out of the trust fund to provide the property tax relief specified in Laws 1977, chapter 423, article X, section 4, and to make school bond payments and payments to recipients of taconite production tax proceeds pursuant to section 298.225, may be taken from the corpus of the trust.
(b) Additionally, upon recommendation by the board, up to
$13,000,000 from the corpus of the trust may be made available for use as
provided in subdivision 4, and up to $10,000,000 from the corpus of the trust
may be made available for use as provided in section 298.2961.
(c) (b) Additionally, an amount equal to 20
percent of the value of the corpus of the trust on May 18, 2002, not including the funds authorized in paragraph (b), plus the amounts made available under section
298.28, subdivision 4, and Laws 2002, chapter 377, article 8, section
17, may be expended on projects.� Funds
The commissioner may be expended expend funds for projects
under this paragraph only if the project:
(1) the project is for the purposes established under section 298.292, subdivision 1, clause (1) or (2); and
(2) is approved by two-thirds of all of the members of the
board the commissioner has consulted with the advisory board.
No
money made available under this paragraph or paragraph (d) (c) can
be used for administrative or operating expenses of the Department of
Iron Range Resources and Rehabilitation Board or expenses relating to
any facilities owned or operated by the board commissioner on May
18, 2002.
(d) Upon recommendation by a unanimous vote of all members
of the board, (c) The commissioner may spend amounts in addition to those authorized under paragraphs (a), and
(b), and (c) may be expended on projects described in section
298.292, subdivision 1, only after consultation with the advisory board.
(e) (d) Annual administrative costs, not
including detailed engineering expenses for the projects, shall not exceed five
percent of the net interest, dividends, and earnings arising from the trust in
the preceding fiscal year.
(f) (e) Principal and interest received in
repayment of loans made pursuant to this section, and earnings on other
investments made under section 298.292, subdivision 2, clause (4), shall be
deposited in the state treasury and credited to the trust.� These receipts are appropriated to the board
for the purposes of sections 298.291 to 298.298 298.297.
(g) (f) Additionally, notwithstanding section
298.293, upon the approval of the board, the commissioner, after
consultation with the advisory board, may expend money from the corpus of
the trust may be expanded to purchase forest lands within the taconite
assistance area as provided in sections 298.22, subdivision 5a, and 298.292,
subdivision 2, clause (5).
Subd. 3.� Administration.� The commissioner and staff of the
Iron Range resources and rehabilitation Board shall administer the
program under which funds are expended pursuant to sections 298.292 to 298.298
298.297.
Subd. 4.� Temporary loan authority.� (a) The board may recommend that After
consultation with the advisory board, the commissioner may use up to
$7,500,000 from the corpus of the trust may be used for loans, loan
guarantees, grants, or equity investments as provided in this subdivision.� The money would be available for loans for
construction and equipping of facilities constituting (1) a value added iron
products plant, which may be either a new plant or a facility incorporated into
an existing plant that produces iron upgraded to a minimum of 75 percent
iron content or any iron alloy with a total minimum metallic content of 90 percent; or (2) a new mine or minerals processing plant for any mineral subject to the net proceeds tax imposed under section 298.015.� A loan or loan guarantee under this paragraph may not exceed $5,000,000 for any facility.
(b) Additionally, the board must
reserve the first $2,000,000 of the net interest, dividends, and earnings
arising from the investment of the trust after June 30, 1996, to be used for
grants, loans, loan guarantees, or equity investments for the purposes set
forth in paragraph (a).� This amount must
be reserved until it is used as described in this subdivision.
(c) (b) Additionally, the
board may recommend that the commissioner, after consultation with the
advisory board, may use up to $5,500,000 from the corpus of the trust may
be used for additional grants, loans, loan guarantees, or equity
investments for the purposes set forth in paragraph (a).
(d) (c) The board commissioner,
after consultation with the advisory board, may require that it the
fund receive an equity percentage in any project to which it contributes
under this section.
Sec. 49.� Minnesota Statutes 2016, section 298.2961, is amended to read:
298.2961
PRODUCER GRANTS.
Subdivision 1.� Appropriation.� (a) $10,000,000 is appropriated from the Douglas J. Johnson economic protection trust fund to a special account in the taconite area environmental protection fund for grants to producers on a project-by-project basis as provided in this section.
(b) The proceeds of the tax designated under section 298.28, subdivision 9b, are appropriated for grants to producers on a project-by-project basis as provided in this section.
Subd. 2.� Projects; approval.� (a) Projects funded must be for:
(1) environmentally unique reclamation projects; or
(2) pit or plant repairs, expansions, or modernizations other than for a value added iron products plant.
(b) To be proposed by the board, a
project must be approved by the board.� The
money for a project may be spent only upon approval of the project by the
governor.� The board may submit
supplemental projects for approval at any time The commissioner may
approve a project only after consultation with the advisory board.
(c) The commissioner, after consultation
with the advisory board, may require that it the fund
receive an equity percentage in any project to which it contributes under this
section.
Subd. 3.� Redistribution.� (a) If a taconite production facility is sold after operations at the facility had ceased, any money remaining in the taconite environmental fund for the former producer may be released to the purchaser of the facility on the terms otherwise applicable to the former producer under this section.
(b) Any portion of the taconite environmental fund that is not released by the commissioner within three years of its deposit in the taconite environmental fund shall be divided between the taconite environmental protection fund created in section 298.223 and the Douglas J. Johnson economic protection trust fund created in section 298.292 for placement in their respective special accounts.� Two-thirds of the unreleased funds must be distributed to the taconite environmental protection fund and one-third to the Douglas J. Johnson economic protection trust fund.
Subd. 4.� Grant and loan fund.� (a) A fund is established to receive distributions under section 298.28, subdivision 9b, and to make grants or loans as provided in this subdivision.� Any grant or loan made under this subdivision must be approved by the commissioner, after consultation with the advisory board, established under section 298.22.
(b) All distributions received in 2009 and subsequent years are allocated for projects under section 298.223, subdivision 1.
Sec. 50.� Minnesota Statutes 2016, section 298.297, is amended to read:
298.297
ADVISORY COMMITTEES.
Before submission of a project to the advisory
board, the commissioner of Iron Range resources and rehabilitation shall
appoint a technical advisory committee consisting of one or more persons who
are knowledgeable in areas related to the objectives of the proposal.� Members of the committees shall be
compensated as provided in section 15.059, subdivision 3.� The advisory board shall not act
make recommendations on a proposal until it has received the evaluation
and recommendations of the technical advisory committee or until 15 days have
elapsed since the proposal was transmitted to the advisory committee, whichever
occurs first.
Sec. 51.� Minnesota Statutes 2016, section 298.46, subdivision 2, is amended to read:
Subd. 2.� Unmined
iron ore; valuation petition.� When
in the opinion of the duly constituted authorities of a taxing district there
are in existence reserves of unmined iron ore located in such district, these
authorities may petition the commissioner of Iron Range resources and
rehabilitation Board for authority to petition the county assessor to
verify the existence of such reserves and to ascertain the value thereof by
drilling in a manner consistent with established engineering and geological
exploration methods, in order that such taxing district may be able to forecast
in a proper manner its future economic and fiscal potentials.� The commissioner of Iron Range resources
and rehabilitation may grant the authority to petition only after consultation
with the advisory board.
Sec. 52.� Minnesota Statutes 2016, section 298.46, subdivision 5, is amended to read:
Subd. 5.� Payment
of costs; reimbursement.� The cost of
such exploration or drilling plus any damages to the property which may be
assessed by the district court shall be paid by the commissioner of Iron
Range resources and rehabilitation Board from amounts appropriated to that
board the commissioner of Iron Range resources and rehabilitation
under section 298.22.� The commissioner
of Iron Range resources and rehabilitation Board shall be reimbursed
for one-half of the amounts thus expended.�
Such reimbursement shall be made by the taxing districts in the
proportion that each such taxing district's levy on the property involved bears
to the total levy on such property.� Such
reimbursement shall be made to the commissioner of Iron Range resources
and rehabilitation Board in the manner provided by section 298.221.
Sec. 53.� Minnesota Statutes 2016, section 298.46, subdivision 6, is amended to read:
Subd. 6.� Refusal
to reimburse; reduction of other payments.�
If any taxing district refuses to pay its share of the reimbursement
as provided in subdivision 5, the county auditor is hereby authorized to reduce
payments required to be made by the county to such taxing district under other
provisions of law.� Thereafter the
auditor shall draw a warrant, which shall be deposited with the state treasury
in accordance with section 298.221, to the credit of the commissioner of
Iron Range resources and rehabilitation Board.
Sec. 54.� Minnesota Statutes 2016, section 466.03, subdivision 6c, is amended to read:
Subd. 6c.� Water
access sites.� Any claim based upon
the construction, operation, or maintenance by a municipality of a water access
site created by the commissioner of Iron Range resources and
rehabilitation Board.� A water
access site under this subdivision that provides access to an idled, water
filled mine pit also includes the entire water filled area of the pit, and,
further, claims related to a mine pit water access site under this subdivision
include those based upon the caving or slumping of mine pit walls.
Sec. 55.� Minnesota Statutes 2016, section 469.310, subdivision 9, is amended to read:
Subd. 9.� Local
government unit.� "Local
government unit" means a statutory or home rule charter city, county,
town, the Department of Iron Range Resources and Rehabilitation agency,
regional development commission, or a federally designated economic development
district.
Sec. 56.� Minnesota Statutes 2016, section 474A.02, subdivision 21, is amended to read:
Subd. 21.� Preliminary
resolution.� "Preliminary
resolution" means a resolution adopted by the governing body or board of
the issuer, or in the case of the by the commissioner of Iron
Range resources and rehabilitation Board by the commissioner.� The resolution must express a preliminary
intention of the issuer to issue obligations for a specific project, identify
the proposed project, and disclose the proposed amount of qualified bonds to be
issued.� Preliminary resolutions for
mortgage bonds and student loan bonds need not identify a specific project.
Sec. 57.� Laws 2010, chapter 389, article 5, section 7, is amended to read:
Sec. 7.� GIANTS
RIDGE RECREATION AREA TAXING AUTHORITY.
Subdivision 1.� Additional taxes authorized.� Notwithstanding Minnesota Statutes, section 477A.016, or any other law, ordinance, or charter provision to the contrary, the city of Biwabik, upon approval both by its governing body and by the vote of at least seven members of the Iron Range Resources and Rehabilitation Board, may impose any or all of the taxes described in this section.
Subd. 2.� Use of
proceeds.� The proceeds of any taxes
imposed under this section, less refunds and costs of collection, must be
deposited into the Iron Range Resources and Rehabilitation Board account
enterprise fund created under the provisions of Minnesota Statutes, section
298.221, paragraph (c), and must be dedicated and expended by the commissioner
of the Iron Range resources and rehabilitation Board, upon approval
by the vote of at least seven members of after consultation with the
Iron Range Resources and Rehabilitation Board, to pay costs for the
construction, renovation, improvement, expansion, and maintenance of public
recreational facilities located in those portions of the city within the Giants
Ridge Recreation Area as defined in Minnesota Statutes, section 298.22,
subdivision 7, or to pay any principal, interest, or premium on any bond issued
to finance the construction, renovation, improvement, or expansion of such
public recreational facilities.
Subd. 3.� Lodging tax.� (a) The city of Biwabik, upon approval both by its governing body and by the vote of at least seven members of the Iron Range Resources and Rehabilitation Board, may impose, by ordinance, a tax of not more than five percent on the gross receipts subject to the lodging tax under Minnesota Statutes, section 469.190.� This tax is in addition to any tax imposed under Minnesota Statutes, section 469.190, and may be imposed only on gross lodging receipts generated within the Giants Ridge Recreation Area as defined in Minnesota Statutes, section 298.22, subdivision 7.
(b) If, after July 31, 2017, the city of
Biwabik changes by ordinance the rate of the tax imposed under paragraph (a),
the change must be approved by both the governing body of the city of Biwabik
and the commissioner of Iron Range resources and rehabilitation, after the
commissioner of Iron Range resources and rehabilitation consults with the Iron
Range Resources and Rehabilitation Board.
Subd. 4.� Admissions and recreation tax.� (a) The city of Biwabik, upon approval both by its governing body and by the vote of at least seven members of the Iron Range Resources and Rehabilitation Board, may impose, by ordinance, a tax of not more than five percent on admission receipts to entertainment and recreational facilities and on receipts from the rental of recreation equipment, at sites within the Giants Ridge Recreation Area as defined in Minnesota Statutes, section 298.22, subdivision 7.� The provisions of Minnesota Statutes, section 297A.99, except for subdivisions 2 and 3, govern the imposition, administration, collection, and enforcement of the tax authorized in this subdivision.
(b) If the city imposes the tax under paragraph (a), it must include in the ordinance an exemption for purchases of season tickets or passes.
(c)
If, after July 31, 2017, the city of Biwabik changes by ordinance the rate of
the tax imposed under paragraph (a), the change must be approved by both
the governing body of the city of Biwabik and the commissioner of Iron Range
resources and rehabilitation, after the commissioner of Iron Range resources
and rehabilitation consults with the Iron Range Resources and Rehabilitation
Board.
Subd. 5.� Food and beverage tax.� (a) The city of Biwabik, upon approval both by its governing body and by the vote of at least seven members of the Iron Range Resources and Rehabilitation Board, may impose, by ordinance, an additional sales tax of not more than one percent on gross receipts of food and beverages sold whether it is consumed on or off the premises by restaurants and places of refreshment as defined by resolution of the city within the Giants Ridge Recreation Area as defined in Minnesota Statutes, section 298.22, subdivision 7. �The provisions of Minnesota Statutes, section 297A.99, except for subdivisions 2 and 3, govern the imposition, administration, collection, and enforcement of the tax authorized in this subdivision.
(b) If, after July 31, 2017, the city
of Biwabik changes by ordinance the rate of the tax imposed under paragraph
(a), the change must be approved by both the governing body of the city of
Biwabik and the commissioner of Iron Range resources and rehabilitation, after
the commissioner of Iron Range resources and rehabilitation consults with the
Iron Range Resources and Rehabilitation Board.
EFFECTIVE
DATE.� This section is
effective August 1, 2017, without local approval pursuant to Minnesota
Statutes, section 645.023, subdivision 1, paragraph (a).
Sec. 58.� DEPARTMENT
OF IRON RANGE RESOURCES AND REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM
AUTHORIZATION.
(a) "Commissioner" as used in
this section means the commissioner of Iron Range resources and rehabilitation
unless otherwise specified.
(b) Notwithstanding any law to the
contrary, the commissioner, in consultation with the commissioner of management
and budget, shall offer a targeted early separation incentive program for
employees of the commissioner who have attained the age of 60 years or who have
received credit for at least 30 years of allowable service under the provisions
of Minnesota Statutes, chapter 352.� The
commissioner shall also offer a targeted separation incentive program for
employees of the commissioner whose positions are in support of operations at
Giants Ridge and will be eliminated if the department no longer directly
manages Giants Ridge operations.
(c) The early separation incentive
program may include one or more of the following:
(1) employer-paid postseparation
health, medical, and dental insurance until age 65; and
(2) cash incentives that may, but are
not required to be, used to purchase additional years of service credit through
the Minnesota State Retirement System, to the extent that the purchases are
otherwise authorized by law.
(d)
The commissioner shall establish eligibility requirements for employees to
receive an incentive.� The commissioner
must exclude from eligibility for the incentive program employees having less
than 20 years of allowable service who would otherwise qualify for the
incentive program.
(e) The commissioner, consistent with
the established program provisions under paragraph (b), and with the
eligibility requirements under paragraph (f), may designate specific programs
or employees as eligible to be offered the incentive program.
(f) Acceptance of the offered incentive
must be voluntary on the part of the employee and must be in writing.� The incentive may only be offered at the sole
discretion of the commissioner.
(g) The cost of the incentive is
payable solely by funds made available to the commissioner by law, but only on
prior approval of the expenditures by the commissioner, after consultation with
the Iron Range Resources and Rehabilitation Board.
(h) Unilateral implementation of this section
by the commissioner is not an unfair labor practice under Minnesota Statutes,
chapter 179A.
EFFECTIVE DATE.� This section is effective the day following final
enactment.� This section expires July 30,
2018.
Sec. 59.� REVISOR'S
INSTRUCTION.
The revisor of statutes, with
cooperation from the House Research Department and the Senate Counsel, Research
and Fiscal Analysis Office, shall prepare legislation that makes conforming
changes in accordance with the provisions of this article.� The revisor shall submit the proposal, in a
form ready for introduction, during the 2018 regular legislative session to the
chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over jobs and economic development.
Sec. 60.� REPEALER.
Minnesota Statutes 2016, sections
298.22, subdivision 8; 298.2213; and 298.298, are repealed.
ARTICLE 8
COMMERCE POLICY
Section 1.� Minnesota Statutes 2016, section 45.0135, subdivision 6, is amended to read:
Subd. 6.� Insurance
fraud prevention account.� The
insurance fraud prevention account is created in the state treasury.� Money received from assessments under
subdivision 7 and transferred from the automobile theft prevention account in section
sections 65B.84, subdivision 1, and 297I.11, subdivision 2, is
deposited in the account.� Money in this
fund is appropriated to the commissioner of commerce for the purposes specified
in this section and sections 60A.951 to 60A.956.
Sec. 2.� Minnesota Statutes 2016, section 46.131, subdivision 7, is amended to read:
Subd. 7.� Fiscal
year assessments.� Such assessments
shall be levied on July 1, 1965, and at prior to the beginning of
each fiscal period beginning July 1 and ending June 30 thereafter, and shall be
based on the total estimated expense as herein referred to during such period.� Assessment revenue will be remitted to the
commissioner for deposit in the financial institutions account on or before
July 1 of each year.
Sec. 3.� Minnesota Statutes 2016, section 46.131, is amended by adding a subdivision to read:
Subd. 11.� Financial
institutions account; appropriation.�
(a) The financial institutions account is created as a separate
account in the special revenue fund.� The
account consists of funds received from assessments under subdivision 7 and
examination fees under subdivision 8.� Earnings,
including interest, dividends, and any other earnings arising from account
assets, must be credited to the account.
(b) Funds in the account are annually
appropriated to the commissioner of commerce for activities under this section.
EFFECTIVE
DATE.� This section is
effective July 1, 2017.
Sec. 4.� Minnesota Statutes 2016, section 65B.84, subdivision 1, is amended to read:
Subdivision 1.� Program described; commissioner's duties; appropriation.� (a) The commissioner of commerce shall:
(1) develop and sponsor the implementation of statewide plans, programs, and strategies to combat automobile theft, improve the administration of the automobile theft laws, and provide a forum for identification of critical problems for those persons dealing with automobile theft;
(2) coordinate the development, adoption, and implementation of plans, programs, and strategies relating to interagency and intergovernmental cooperation with respect to automobile theft enforcement;
(3) annually audit the plans and programs that have been funded in whole or in part to evaluate the effectiveness of the plans and programs and withdraw funding should the commissioner determine that a plan or program is ineffective or is no longer in need of further financial support from the fund;
(4) develop a plan of operation including:
(i) an assessment of the scope of the problem of automobile theft, including areas of the state where the problem is greatest;
(ii) an analysis of various methods of combating the problem of automobile theft;
(iii) a plan for providing financial support to combat automobile theft;
(iv) a plan for eliminating car hijacking; and
(v) an estimate of the funds required to implement the plan; and
(5) distribute money, in consultation with the commissioner of public safety, pursuant to subdivision 3 from the automobile theft prevention special revenue account for automobile theft prevention activities, including:
(i) paying the administrative costs of the program;
(ii) providing financial support to the State Patrol and local law enforcement agencies for automobile theft enforcement teams;
(iii) providing financial support to state or local law enforcement agencies for programs designed to reduce the incidence of automobile theft and for improved equipment and techniques for responding to automobile thefts;
(iv) providing financial support to local prosecutors for programs designed to reduce the incidence of automobile theft;
(v) providing financial support to judicial agencies for programs designed to reduce the incidence of automobile theft;
(vi) providing financial support for neighborhood or community organizations or business organizations for programs designed to reduce the incidence of automobile theft and to educate people about the common methods of automobile theft, the models of automobiles most likely to be stolen, and the times and places automobile theft is most likely to occur; and
(vii) providing financial support for automobile theft educational and training programs for state and local law enforcement officials, driver and vehicle services exam and inspections staff, and members of the judiciary.
(b) The commissioner may not spend in any
fiscal year more than ten percent of the money in the fund for the program's
administrative and operating costs.� The
commissioner is annually appropriated and must distribute the amount of the
proceeds credited to the automobile theft prevention special revenue account
each year, less the transfer of $1,300,000 each year to the general fund
insurance fraud prevention account described in section 297I.11,
subdivision 2.
(c) At the end of each fiscal year, the commissioner may transfer any unobligated balances in the auto theft prevention account to the insurance fraud prevention account under section 45.0135, subdivision 6.
Sec. 5.� [72A.328]
AFFINITY GROUP.
Subdivision 1.� Definitions.� (a) For purposes of this section the
following terms have the meanings given.
(b) "Affinity program" means a
group of individuals who are members of an entity that offers individuals
benefits based on their membership in that entity.� Affinity program does not include an entity
that obtains group insurance, as defined in section 60A.02, subdivision 28, or
risk retention groups as defined in section 60E.02, subdivision 12.
(c) "Policy" means an
individually underwritten policy of private passenger vehicle insurance, as
defined in section 65B.001, subdivision 2, or an individually underwritten
policy of homeowner's insurance, as defined in section 65A.27, subdivision 4.
Subd. 2.� Discount.� An insurance company may offer an
individual a discount or other benefit relating to a policy based on the
individual's membership in an affinity program if:
(1) the benefit or discount is based on
an actuarial justification; and
(2) the insurance company offers the
benefit or discount to all members of the affinity program eligible for the
discount or benefit.
Sec. 6.� Minnesota Statutes 2016, section 80A.61, is amended to read:
80A.61
SECTION 406; REGISTRATION BY BROKER-DEALER, AGENT, FUNDING PORTAL, INVESTMENT
ADVISER, AND INVESTMENT ADVISER REPRESENTATIVE.
(a) Application
for initial registration by broker-dealer, agent, or investment adviser,
or investment adviser representative.�
A person shall register as a broker-dealer, agent, or
investment adviser, or investment adviser representative by filing an
application and a consent to service of process complying with section 80A.88,
and paying the fee specified in section 80A.65 and any reasonable fees charged
by the designee of the administrator for processing the filing.� The application must contain:
(1) the information or record required for the filing of a uniform application; and
(2) upon request by the administrator, any other financial or other information or record that the administrator determines is appropriate.
(b) Amendment.� If the information or record contained in an application filed under subsection (a) is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment.
(c) Effectiveness of registration.� If an order is not in effect and a proceeding is not pending under section 80A.67, registration becomes effective at noon on the 45th day after a completed application is filed, unless the registration is denied.� A rule adopted or order issued under this chapter may set an earlier effective date or may defer the effective date until noon on the 45th day after the filing of any amendment completing the application.
(d) Registration renewal.� A registration is effective until midnight on December 31 of the year for which the application for registration is filed.� Unless an order is in effect under section 80A.67, a registration may be automatically renewed each year by filing such records as are required by rule adopted or order issued under this chapter, by paying the fee specified in section 80A.65, and by paying costs charged by the designee of the administrator for processing the filings.
(e) Additional conditions or waivers.� A rule adopted or order issued under this chapter may impose such other conditions, not inconsistent with the National Securities Markets Improvement Act of 1996.� An order issued under this chapter may waive, in whole or in part, specific requirements in connection with registration as are in the public interest and for the protection of investors.
(f) Funding portal registration.� A funding portal that has its principal place of business in the state of Minnesota shall register with the state of Minnesota by filing with the administrator a copy of the information or record required for the filing of an application for registration as a funding portal in the manner established by the Securities and Exchange Commission and/or the Financial Institutions Regulatory Authority (FINRA), along with any rule adopted or order issued, and any amendments thereto.
(g) Application
for investment adviser representative registration.
(1) The application for initial registration as an investment adviser representative pursuant to section 80A.58 is made by completing Form U-4 (Uniform Application for Securities Industry Registration or Transfer) in accordance with the form instructions and by filing the form U-4 with the IARD.� The application for initial registration must also include the following:
(i) proof of compliance by the investment adviser representative with the examination requirements of:
(A) the Uniform Investment Adviser Law Examination (Series 65); or
(B) the General Securities Representative Examination (Series 7) and the Uniform Combined State Law Examination (Series 66);
(ii) any other information the administrator may reasonably require.
(2) The application for the annual renewal registration as an investment adviser representative shall be filed with the IARD.
(3)(i) The investment adviser representative is under a continuing obligation to update information required by Form U-4 as changes occur;
(ii) An investment adviser representative and the investment adviser must file promptly with the IARD any amendments to the representative's Form U-4; and
(iii) An amendment will be considered to be filed promptly if the amendment is filed within 30 days of the event that requires the filing of the amendment.
(4) An application for initial or renewal of registration is not considered filed for purposes of section 80A.58 until the required fee and all required submissions have been received by the administrator.
(5) The application for withdrawal of registration as an investment adviser representative pursuant to section 80A.58 shall be completed by following the instructions on Form U-5 (Uniform Termination Notice for Securities Industry Registration) and filed upon Form U-5 with the IARD.
Sec. 7.� Minnesota Statutes 2016, section 80A.65, subdivision 2, is amended to read:
Subd. 2.� Registration
application and renewal filing fee.� Every
applicant for an initial or renewal registration shall pay a filing fee of $200
in the case of a broker-dealer, $50 $65 in the case of an agent, and
$100 in the case of an investment adviser, and $50 in the case of an
investment adviser representative.� When
an application is denied or withdrawn, the filing fee shall be retained.� A registered agent who has terminated
employment with one broker‑dealer shall, before beginning employment with
another broker-dealer, pay a transfer fee of $25.
Sec. 8.� Minnesota Statutes 2016, section 216B.62, subdivision 3b, is amended to read:
Subd. 3b.� Assessment
for department regional and national duties.�
In addition to other assessments in subdivision 3, the department
may assess up to $1,000,000 $500,000 per fiscal year for performing
its duties under section 216A.07, subdivision 3a.� The amount in this subdivision shall be
assessed to energy utilities in proportion to their respective gross operating
revenues from retail sales of gas or electric service within the state during the
last calendar year and shall be deposited into an account in the special
revenue fund and is appropriated to the commissioner of commerce for the
purposes of section 216A.07, subdivision 3a.�
An assessment made under this subdivision is not subject to the cap on
assessments provided in subdivision 3 or any other law.� For the purpose of this subdivision, an
"energy utility" means public utilities, generation and transmission
cooperative electric associations, and municipal power agencies providing
natural gas or electric service in the state.�
This subdivision expires June 30, 2017 2018.
Sec. 9.� [239.7511]
GAS TAX SIGN ON PETROLEUM DISPENSER.
(a) The director must ensure that signs
having 12-point font or greater are affixed on retail petroleum dispensers as
follows:
(1) for regular or premium gasoline, a
sign that reads:� "The price for
each gallon of gasoline includes the current state gasoline tax of 28.5 cents
per gallon and federal gasoline tax of 18.4 cents per gallon.� Revenue from the state fuel tax may be used
only for roads and bridges, according to the Minnesota Constitution."; and
(2) for diesel fuel, a sign that reads:� "The price for each gallon of diesel
fuel includes the current state gasoline tax of 28.5 cents per gallon and
federal gasoline tax of 24.4 cents per gallon.�
Revenue from the state fuel tax may be used only for roads and bridges,
according to the Minnesota Constitution."
(b) The director must distribute the
signs under this section to the owner or operator of retail petroleum
dispensers.� To the extent possible, the
director must coordinate the distribution of signs with other duties the
director may have involving retail petroleum dispensers.
(c)
If the amount of the gasoline tax described in paragraph (a), clauses (1) and
(2), changes, the director must distribute revised signs to reflect the updated
gasoline tax amounts within 12 calendar months of the change.
(d) The director is prohibited from
assessing any penalty, fine, or fee on the owner or operator of a retail petroleum
dispenser that has a missing, destroyed, defaced, or otherwise damaged gas tax
sign.
Sec. 10.� Minnesota Statutes 2016, section 297I.11, subdivision 2, is amended to read:
Subd. 2.� Automobile
theft prevention account.� A special
revenue account in the state treasury shall be credited with the proceeds of
the surcharge imposed under subdivision 1.�
Of the revenue in the account, $1,300,000 each year must be transferred
to the general fund insurance fraud prevention account under section
45.0135, subdivision 6.� Revenues in
excess of $1,300,000 each year may be used only for the automobile theft
prevention program described in section 65B.84.
Sec. 11.� Minnesota Statutes 2016, section 325J.06, is amended to read:
325J.06
EFFECT OF NONREDEMPTION.
(a) A pledgor shall have no obligation to
redeem pledged goods or make any payment on a pawn transaction.� Pledged goods not redeemed within at least 60
days of the date of the pawn transaction, renewal, or extension shall
automatically be forfeited to the pawnbroker, and qualified right, title, and
interest in and to the goods shall automatically vest in the pawnbroker.
(b) The pawnbroker's right, title, and interest in the pledged goods under paragraph (a) is qualified only by the pledgor's right, while the pledged goods remain in possession of the pawnbroker and not sold to a third party, to redeem the goods by paying the loan plus fees and/or interest accrued up to the date of redemption.
(c) A pawn transaction that involves holding only the title to property is subject to chapter 168A or 336.
Sec. 12.� Minnesota Statutes 2016, section 345.42, is amended by adding a subdivision to read:
Subd. 1a.� Required
lists.� (a) Beginning January
1, 2018, and annually thereafter, and provided that a member has requested it,
the commissioner shall provide to each member of the legislature a list in
electronic form of all persons appearing to be owners of abandoned property
whose last known address is located in the legislator's respective legislative
district.
(b) Beginning July 1, 2017, and every
six months thereafter, and provided that a county has requested it, the
commissioner shall provide to the county a list in electronic form of all
persons appearing to be owners of abandoned property whose last known address
is located in the county.� A request
under this paragraph must be made in writing by a person authorized by the
county to make the request and is good until canceled.
EFFECTIVE
DATE.� This section is
effective January 1, 2018.
Sec. 13.� Minnesota Statutes 2016, section 345.49, is amended to read:
345.49
CLAIM FOR ABANDONED PROPERTY PAID OR DELIVERED.
Subdivision 1.� Filing.� (a) Any person claiming an interest in any property delivered to the state under sections 345.31 to 345.60 may file a claim thereto or to the proceeds from the sale thereof on the form prescribed by the commissioner.
(b)
Any person claiming an interest in property evidenced by a will or trust
document, or court order, may submit to the commissioner only such portions of
the document or order necessary to establish a claim.
Subd. 2.� Appropriation.� There is hereby appropriated to the persons entitled to a refund, from the fund in the state treasury to which the money was credited, an amount sufficient to make the refund and payment.
Subd. 3.� Data.� Government data received by the
commissioner pursuant to this section is nonpublic data or private data on individuals,
as defined in section 13.02, subdivisions 9 and 12.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 14.� [471.9998]
MERCHANT BAGS.
Subdivision 1.� Merchant
option.� All merchants,
itinerant vendors, and peddlers doing business in this state shall have the option to provide customers a
paper, plastic, or reusable bag for the packaging of any item or good
purchased, provided such purchase is of a size and manner commensurate with the
use of paper, plastic, or reusable bags.
Subd. 2.� Prohibition;
bag ban.� Notwithstanding any
other provision of law, no political subdivision shall impose any ban upon the
use of paper, plastic, or reusable bags for packaging of any item or good
purchased from a merchant, itinerant vendor, or peddler.
EFFECTIVE
DATE.� This section is
effective May 31, 2017.� Ordinances
existing on the effective date of this section that would be prohibited under
this section are invalid as of the effective date of this section.
Sec. 15.� REPORT
ON UNCLAIMED PROPERTY DIVISION.
The commissioner shall report by
February 15, 2018, to the chairs and ranking minority members of the standing
committees of the house of representatives and senate having jurisdiction over
commerce regarding the process owners of abandoned property must comply with in
order to file an allowed claim under Minnesota Statutes, chapter 345.� The report shall include information
regarding the documentation and identification necessary for owners of each
type of abandoned property under Minnesota Statutes, chapter 345, to file an
allowed claim.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 16.� REPEALER.
Minnesota Statutes 2016, section
46.131, subdivision 5, is repealed.
ARTICLE 9
TELECOMMUNICATIONS
Section 1.� Minnesota Statutes 2016, section 237.162, subdivision 2, is amended to read:
Subd. 2.� Local
government unit.� "Local
government unit" means a county, home rule charter or statutory city, or
town, or the Metropolitan Council.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 2.� Minnesota Statutes 2016, section 237.162, subdivision 4, is amended to read:
Subd. 4.� Telecommunications right-of-way user.� (a) "Telecommunications right-of-way user" means a person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right‑of-way, that is used or is intended to be used for providing wireless service, or transporting telecommunications or other voice or data information.
(b) A cable communication system
defined and regulated under chapter 238, and telecommunications activities related
to providing natural gas or electric energy services whether provided by,
a public utility as defined in section 216B.02, a municipality, a municipal gas
or power agency organized under chapter 453 or 453A, or a cooperative electric
association organized under chapter 308A, are not telecommunications
right-of-way users for the purposes of this section and section 237.163,
except to the extent these entities are offering wireless services.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 3.� Minnesota Statutes 2016, section 237.162, subdivision 9, is amended to read:
Subd. 9.� Management costs or rights-of-way management costs.� (a) "Management costs" or "rights-of-way management costs" means the actual costs a local government unit incurs in managing its public rights-of-way, and includes such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user equipment during public right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits.
(b) Management costs do not include:
(1) payment by a telecommunications
right-of-way user for the use of the public right-of-way,;
(2) unreasonable fees of a third-party
contractor used by a local government unit as part of managing its public
rights-of-way, including but not limited to any third-party contractor fee tied
to or based upon customer counts, access lines, revenue generated by the
telecommunications right-of-way user, or revenue generated for a local
government unit; or
(3) the fees and cost of litigation relating to the interpretation of this section or section 237.163 or any ordinance enacted under those sections, or the local unit of government's fees and costs related to appeals taken pursuant to section 237.163, subdivision 5.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 4.� Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read:
Subd. 10.� Collocate.� "Collocate" or
"collocation" means to install, mount, maintain, modify, operate, or
replace a small wireless facility on, under, within, or adjacent to an existing
wireless support structure that is owned privately or by a local government
unit.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 5.� Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read:
Subd. 11.� Small
wireless facility.� "Small
wireless facility" means:
(1) a wireless facility that meets both
of the following qualifications:
(i)
each antenna is located inside an enclosure of no more than six cubic feet in
volume or, in the case of an antenna that has exposed elements, the antenna and
all its exposed elements could fit within an enclosure of no more than six
cubic feet; and
(ii) all other wireless equipment
associated with the small wireless facility, excluding electric meters,
concealment elements, telecommunications demarcation boxes, battery backup
power systems, grounding equipment, power transfer switches, cutoff switches,
cable, conduit, vertical cable runs for the connection of power and other
services, and any equipment concealed from public view within or behind an
existing structure or concealment, is in aggregate no more than 28 cubic feet
in volume; or
(2) a micro wireless facility.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 6.� Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read:
Subd. 12.� Utility
pole.� "Utility
pole" means a pole that is used in whole or in part to facilitate
telecommunications or electric service.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 7.� Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read:
Subd. 13.� Wireless
facility.� (a) "Wireless
facility" means equipment at a fixed location that enables the provision
of wireless services between user equipment and a wireless service network,
including:
(1) equipment associated with wireless
service;
(2) a radio transceiver, antenna,
coaxial or fiber-optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration; and
(3) a small wireless facility.
(b) "Wireless facility" does
not include:
(1) wireless support structures;
(2) wireline backhaul facilities; or
(3) coaxial or fiber-optic cables (i)
between utility poles or wireless support structures, or (ii) that are not
otherwise immediately adjacent to or directly associated with a specific
antenna.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 8.� Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read:
Subd. 14.� Micro
wireless facility.� "Micro
wireless facility" means a small wireless facility that is no larger than
24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna,
if any, is no longer than 11 inches.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 9.� Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read:
Subd. 15.� Wireless
service.� "Wireless
service" means any service using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or by means of a mobile
device, that is provided using wireless facilities.� Wireless service does not include services
regulated under Title VI of the Communications Act of 1934, as amended,
including a cable service under United States Code, title 47, section 522,
clause (6).
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 10.� Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read:
Subd. 16.� Wireless
support structure.� "Wireless
support structure" means a new or existing structure in a public
right-of-way designed to support or capable of supporting small wireless
facilities, as reasonably determined by a local government unit.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 11.� Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to read:
Subd. 17.� Wireline
backhaul facility.� "Wireline
backhaul facility" means a facility used to transport communications data
by wire from a wireless facility to a communications network.
EFFECTIVE
DATE.� This section is effective
the day following final enactment.
Sec. 12.� Minnesota Statutes 2016, section 237.163, subdivision 2, is amended to read:
Subd. 2.� Generally.� (a) Subject to this section, a telecommunications right-of-way user authorized to do business under the laws of this state or by license of the Federal Communications Commission may construct, maintain, and operate small wireless facilities, conduit, cable, switches, and related appurtenances and facilities along, across, upon, above, and under any public right-of-way.
(b) Subject to this section, a local
government unit has the authority to manage its public rights-of-way and to
recover its rights-of-way management costs.�
Except as provided in subdivisions 3a, 3b, and 3c, the authority
defined in this section may be exercised at the option of the local government
unit.� The exercise of this authority
and is not mandated under this section.�
A local government unit may, by ordinance:
(1) require a telecommunications right-of-way user seeking to excavate or obstruct a public right-of-way for the purpose of providing telecommunications services to obtain a right-of-way permit to do so and to impose permit conditions consistent with the local government unit's management of the right-of-way;
(2) require a telecommunications right-of-way user using, occupying, or seeking to use or occupy a public right‑of-way for the purpose of providing telecommunications services to register with the local government unit by providing the local government unit with the following information:
(i) the applicant's name, gopher state one-call registration number under section 216D.03, address, and telephone and facsimile numbers;
(ii) the name, address, and telephone and facsimile numbers of the applicant's local representative;
(iii) proof of adequate insurance; and
(iv) other information deemed reasonably necessary by the local government unit for the efficient administration of the public right-of-way; and
(3) require telecommunications right-of-way users to submit to the local government unit plans for construction and major maintenance that provide reasonable notice to the local government unit of projects that the telecommunications right-of-way user expects to undertake that may require excavation and obstruction of public rights-of-way.
(c) A local government unit may also require a telecommunications right-of-way user that is registered with the local government unit pursuant to paragraph (b), clause (2), to periodically update the information in its registration application.
(d) Notwithstanding sections 394.34 and
462.355, or any other law, a local government unit must not establish a
moratorium with respect to:
(1) filing, receiving, or processing
applications for right-of-way or small wireless facility permits; or
(2) issuing or approving right-of-way or
small wireless facility permits.
(e) A telecommunications right-of-way
user may place a new wireless support structure or collocate small wireless
facilities on wireless support structures located within a public right-of-way,
subject to the approval procedures under this section and, for collocation on
wireless support structures owned by a local government unit, the reasonable
terms, conditions, and rates set forth under this section.� A local government unit may prohibit,
regulate, or charge a fee to install wireless support structures or to
collocate small wireless facilities only as provided in this section.
(f) The placement of small wireless
facilities and wireless support structures to accommodate small wireless
facilities are a permitted use in a public right-of-way, except that a local
government unit may require a person to obtain a special or conditional land
use permit to install a new wireless support structure for the siting of a
small wireless facility in a right-of-way in a district or area zoned for
single-family residential use or within a historic district established by
federal or state law or city ordinance as of the date of application for a
small wireless facility permit.� This
paragraph does not apply to areas outside a public right-of-way that are zoned
and used exclusively for single-family residential use.
EFFECTIVE DATE.� This section is effective the day following final
enactment, except that paragraph (d) is effective January 1, 2018, for a local
government unit that has not enacted an ordinance regulating public
rights-of-way as of May 18, 2017.
Sec. 13.� Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision to read:
Subd. 3a.� Small
wireless facility permits; general.� (a)
A local government unit:
(1) may require a telecommunications
right-of-way user to obtain a permit or permits under this section to place a
new wireless support structure or collocate a small wireless facility in a
public right-of-way managed by the local government unit;
(2) must not require an applicant for a
small wireless facility permit to provide any information that:
(i) has previously been provided to the
local government unit by the applicant in an application for a small wireless permit,
which specific reference shall be provided to the local government unit by the
applicant; and
(ii) is not reasonably necessary to
review a permit application for compliance with generally applicable and
reasonable health, safety, and welfare regulations, and to demonstrate
compliance with applicable Federal Communications Commission regulations
governing radio frequency exposure, or other information required by this
section;
(3)
must ensure that any application for a small wireless facility permit is
processed on a nondiscriminatory basis; and
(4) must specify that the term of a small wireless
facility permit is equal to the length of time that the small wireless facility
is in use, unless the permit is revoked under this section.
(b) An applicant may file a consolidated permit
application to collocate up to 15 small wireless facilities, or a greater
number if agreed to by a local government unit, provided that all the small
wireless facilities in the application:
(1) are located within a two-mile radius;
(2) consist of substantially similar equipment; and
(3) are to be placed on similar types of wireless
support structures.
In
rendering a decision on a consolidated permit application, a local government
unit may approve a permit for some small wireless facilities and deny a permit
for others, but may not use denial of one or more permits as a basis to deny
all the small wireless facilities in the application.
(c) If a local government unit receives applications
within a single seven-day period from one or more applicants seeking approval
of permits for more than 30 small wireless facilities, the local government
unit may extend the 90‑day deadline imposed in subdivision 3c by an
additional 30 days.� If a local
government unit elects to invoke this extension, it must inform in writing any
applicant to whom the extension will be applied.
(d) A local government unit is prohibited from requiring
a person to pay a small wireless facility permit fee, obtain a small wireless
facility permit, or enter into a small wireless facility collocation agreement
solely in order to conduct any of the following activities:
(1) routine maintenance of a small wireless facility;
(2) replacement of a small wireless facility with a new
facility that is substantially similar or smaller in size, weight, height, and
wind or structural loading than the small wireless facility being replaced; or
(3) installation, placement, maintenance, operation, or
replacement of micro wireless facilities that are suspended on cables strung
between existing utility poles in compliance with national safety codes.
A
local government unit may require advance notification of these activities if
the work will obstruct a public right‑of-way.
(e) Nothing in this subdivision affects the need for an
entity seeking to place a small wireless facility on a wireless support
structure that is not owned by a local government unit to obtain from the owner
of the wireless support structure any necessary authority to place the small
wireless facility, nor shall any provision of this chapter be deemed to affect
the rates, terms, and conditions for access to or placement of a small wireless
facility or a wireless support structure not owned by a local government unit.� This subdivision does not affect any existing
agreement between a local government unit and an entity concerning the
placement of small wireless facilities on local government unit-owned wireless
support structures.
(f) No later than six months after the effective date of
this act or three months after receiving a small wireless facility permit
application from a wireless service provider, a local government unit that has
elected to set forth terms and conditions of collocation in a standard small
wireless facility collocation agreement shall develop and
make
available an agreement that complies with the requirements of this section and
section 237.162.� A standard small
wireless facility collocation agreement shall be substantially complete.� Notwithstanding any law to the contrary, the parties
to a small wireless facility collocation agreement may incorporate additional
terms and conditions mutually agreed upon into a small wireless facility
collocation agreement.� A small wireless
facility collocation agreement between a local government unit and a wireless
service provider is considered public data not on individuals and is accessible
to the public under section 13.03.
(g) An approval of a small wireless
facility permit under this section authorizes the installation, placement,
maintenance, or operation of a small wireless facility to provide wireless
service and shall not be construed to confer authorization to (1) provide any
service other than a wireless service, or (2) install, place, maintain, or
operate a wireline backhaul facility in the right-of-way.
(h) The terms and conditions of
collocation under this subdivision:
(1) may be set forth in a small wireless
facility collocation agreement, if a local government unit elects to utilize
such an agreement;
(2) must be nondiscriminatory,
competitively neutral, and commercially reasonable; and
(3) must comply with this section and
section 237.162.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 14.� Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision to read:
Subd. 3b.� Small
wireless facility permits; placement.�
(a) A local government unit may not require the placement of
small wireless facilities on any specific wireless support structure other than
the wireless support structure proposed in the permit application.
(b) A local government unit must not
limit the placement of small wireless facilities, either by minimum separation
distances between small wireless facilities or maximum height limitations,
except that each wireless support structure installed in the right-of-way after
the effective date of this act shall not exceed 50 feet above ground level,
unless the local government unit agrees to a greater height, subject to local
zoning regulations, and may be subject to separation requirements in relation
to other wireless support structures.
(c) Notwithstanding paragraph (b), a
wireless support structure that replaces an existing wireless support structure
that is higher than 50 feet above ground level may be placed at the height of
the existing wireless support structure, unless the local government unit
agrees to a greater height, subject to local zoning regulations.
(d) Wireless facilities constructed in
the right-of-way after the effective date of this act may not extend more than
ten feet above an existing wireless support structure in place as of the
effective date of this act.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 15.� Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision to read:
Subd. 3c.� Small
wireless facility permits; approval.�
(a) Except as provided in subdivision 4, a local government unit
shall issue a small wireless facility permit to a telecommunications
right-of-way user seeking to install a new or replacement wireless support
structure for a small wireless facility, or to collocate a small wireless
facility on a wireless support structure in a public right-of-way.� In processing and approving a small wireless
facility permit, a local government unit may condition its approval on
compliance with:
(1) generally applicable and reasonable
health, safety, and welfare regulations consistent with the local government
unit's public right-of-way management;
(2)
reasonable accommodations for decorative wireless support structures or signs;
and
(3) any reasonable restocking,
replacement, or relocation requirements when a new wireless support structure
is placed in a public right-of-way.
(b) A local government unit has 90 days
after the date a small wireless facility permit application is filed to issue
or deny the permit, or the permit is automatically issued.� To toll the 90-day clock, the local
government unit must provide a written notice of incompleteness to the
applicant within 30 days of receipt of the application, clearly and
specifically delineating all missing documents or information.� Information delineated in the notice is
limited to documents or information publicly required as of the date of
application and reasonably related to a local government unit's determination
whether the proposed equipment falls within the definition of a small wireless
facility and whether the proposed deployment satisfies all health, safety, and
welfare regulations applicable to the small wireless facility permit request.� Upon an applicant's submittal of additional
documents or information in response to a notice of incompleteness, the local
government unit has ten days to notify the applicant in writing of any
information requested in the initial notice of incompleteness that is still
missing.� Second or subsequent notices of
incompleteness may not specify documents or information that were not
delineated in the original notice of incompleteness.� Requests for information not requested in the
initial notice of incompleteness do not toll the 90-day clock.� Parties can mutually agree in writing to toll
the 90-day clock at any time.� Section
15.99 does not apply to this paragraph or paragraph (c).
For the purposes of this subdivision, "toll the
90-day clock" means to halt the progression of days that count towards the
90-day deadline.
(c) Except as provided in subdivision
3a, paragraph (c), a small wireless facility permit and any associated
encroachment or building permit required by a local government unit, are deemed
approved if the local government unit fails to approve or deny the application
within 90 days after the permit application has been filed, unless the
applicant and the local government unit have mutually agreed in writing to
extend the 90-day deadline.
(d) Nothing in this subdivision
precludes a local government unit from applying generally applicable and
reasonable health, safety, and welfare regulations when evaluating and deciding
to approve or deny a small wireless facility permit.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 16.� Minnesota Statutes 2016, section 237.163, subdivision 4, is amended to read:
Subd. 4.� Permit denial or revocation.� (a) A local government unit may deny any application for a right-of-way or small wireless facility permit if the telecommunications right-of-way user does not comply with a provision of this section.
(b) A local government unit may deny an application for a right-of-way permit if the local government unit determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the public right-of-way and its current use.
(c) A local government unit may revoke a right-of-way or small wireless facility permit granted to a telecommunications right-of-way user, with or without fee refund, in the event of a substantial breach of the terms and conditions of statute, ordinance, rule, or regulation or any material condition of the permit.� A substantial breach by a permittee includes, but is not limited to, the following:
(1) a material violation of a provision of the right-of-way or small wireless facility permit;
(2) an evasion or attempt to evade any material provision of the right-of-way or small wireless facility permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the local government unit or its citizens;
(3) a material misrepresentation of fact in the right-of-way or small wireless facility permit application;
(4) a failure to complete work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; and
(5) a failure to correct, in a timely manner, work that does not conform to applicable standards, conditions, or codes, upon inspection and notification by the local government unit of the faulty condition.
(d) Subject to this subdivision, a local government unit may not deny an application for a right-of-way or small wireless facility permit for failure to include a project in a plan submitted to the local government unit under subdivision 2, paragraph (b), clause (3), when the telecommunications right-of-way user has used commercially reasonable efforts to anticipate and plan for the project.
(e) In no event may a local government unit unreasonably withhold approval of an application for a right-of-way or small wireless facility permit, or unreasonably revoke a permit.
(f) Any denial or revocation of a
right-of-way or small wireless facility permit must be made in writing and must
document the basis for the denial.� The
local government unit must notify the telecommunications right-of-way user in
writing within three business days of the decision to deny or revoke a permit.� If a permit application is denied, the
telecommunications right-of-way user may cure the deficiencies identified by
the local government unit and resubmit its application.� If the telecommunications right-of-way user
resubmits the application within 30 days of receiving written notice of the
denial, it may not be charged an additional filing or processing fee.� The local government unit must approve or
deny the revised application within 30 days after the revised application is
submitted.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 17.� Minnesota Statutes 2016, section 237.163, subdivision 6, is amended to read:
Subd. 6.� Fees.� (a) A local government unit may recover
its right-of-way management costs by imposing a fee for registration, a fee for
each right-of-way or small wireless facility permit, or, when
appropriate, a fee applicable to a particular telecommunications right-of-way
user when that user causes the local government unit to incur costs as a result
of actions or inactions of that user.� A
local government unit may not recover costs from a telecommunications
right-of-way user costs or an owner of a cable communications system
awarded a franchise under chapter 238 caused by another entity's activity
in the right-of-way.
(b) Fees, or other right-of-way obligations, imposed by a local government unit on telecommunications right-of-way users under this section must be:
(1) based on the actual costs incurred by the local government unit in managing the public right-of-way;
(2) based on an allocation among all users of the public right-of-way, including the local government unit itself, which shall reflect the proportionate costs imposed on the local government unit by each of the various types of uses of the public rights-of-way;
(3) imposed on a competitively neutral basis; and
(4) imposed in a manner so that aboveground uses of public rights-of-way do not bear costs incurred by the local government unit to regulate underground uses of public rights-of-way.
(c) The rights, duties, and obligations regarding the use of the public right-of-way imposed under this section must be applied to all users of the public right-of-way, including the local government unit while recognizing regulation must reflect the distinct engineering, construction, operation, maintenance and public and worker safety requirements, and standards applicable to various users of the public rights-of-way.� For users subject to the franchising authority of a local government unit, to the extent those rights, duties, and obligations are addressed in the terms of an applicable franchise agreement, the terms of the franchise shall prevail over any conflicting provision in an ordinance.
(d) A wireless service provider may
collocate small wireless facilities on wireless support structures owned or
controlled by a local government unit and located within the public roads or
rights-of-way without being required to apply for or enter into any individual
license, franchise, or other agreement with the local government unit or any other
entity, other than a standard small wireless facility collocation agreement
under subdivision 3a, paragraph (f), if the local unit of government elects to
utilize such an agreement.
(e) Any initial engineering survey and
preparatory construction work associated with collocation must be paid by the
cost causer in the form of a onetime, nonrecurring, commercially reasonable,
nondiscriminatory, and competitively neutral charge to recover the costs
associated with a proposed attachment.
(f) Total application fees for a small
wireless facility permit must comply with this subdivision with respect to
costs related to the permit.
(g) A local government unit may elect
to charge each small wireless facility attached to a wireless support structure
owned by the local government unit a fee, in addition to other fees or charges
allowed under this subdivision, consisting of:
(1) up to $150 per year for rent to
occupy space on a wireless support structure;
(2) up to $25 per year for maintenance
associated with the space occupied on a wireless support structure; and
(3) a monthly fee for electricity used
to operate a small wireless facility, if not purchased directly from a utility,
at the rate of:
(i) $73 per radio node less than or
equal to 100 max watts;
(ii) $182 per radio node over 100 max
watts; or
(iii) the actual costs of electricity,
if the actual costs exceed the amount in item (i) or (ii).
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 18.� Minnesota Statutes 2016, section 237.163, subdivision 7, is amended to read:
Subd. 7.� Additional right-of-way provisions.� (a) In managing the public rights-of-way and in imposing fees under this section, no local government unit may:
(1) unlawfully discriminate among telecommunications right-of-way users;
(2) grant a preference to any telecommunications right-of-way user;
(3) create or erect any unreasonable requirement for entry to the public rights-of-way by telecommunications right-of-way users; or
(4) require a telecommunications right-of-way user to obtain a franchise or pay for the use of the right-of-way.
(b) A telecommunications right-of-way user need not apply for or obtain right-of-way permits for facilities that are located in public rights-of-way on May 10, 1997, for which the user has obtained the required consent of the local government unit, or that are otherwise lawfully occupying the public right-of-way.� However, the telecommunications right-of-way user may be required to register and to obtain a right-of-way permit for an excavation or obstruction of existing facilities within the public right-of-way after May 10, 1997.
(c) Data and documents exchanged between a local government unit and a telecommunications right-of-way user are subject to the terms of chapter 13.� A local government unit not complying with this paragraph is subject to the penalties set forth in section 13.08.
(d) A local government unit may not collect a fee imposed under this section through the provision of in-kind services by a telecommunications right-of-way user, nor may a local government unit require the provision of in‑kind services as a condition of consent to use the local government unit's public right-of-way or to obtain a small wireless facility permit.
(e) Except as provided in this chapter
or required by federal law, a local government unit shall not adopt or enforce
any regulation on the placement or operation of communications facilities in
the right-of-way where the entity is already authorized to operate in the right-of-way,
and shall not regulate or impose or collect fees on communications services
except to the extent specifically provided for in the existing authorization,
and unless expressly required by state or federal statute.
Sec. 19.� Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision to read:
Subd. 9.� Authorized
contractors.� (a) Nothing in
this section precludes a telecommunications right-of-way user from authorizing
another entity or individual to act on its behalf to install, construct,
maintain, or repair a facility or facilities owned or controlled by the
telecommunications right-of-way user.
(b) A local government unit is
prohibited from imposing fees or requirements on an authorized entity or
individual for actions on behalf of a telecommunications right-of-way user that
are in addition to or different from the fees and requirements it is authorized
to impose on the telecommunications right-of-way user under this section.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 20.� Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision to read:
Subd. 10.� Exemptions.� (a) Notwithstanding any other
provision in this chapter, this section does not apply to a wireless support
structure owned, operated, maintained, or served by a municipal electric
utility.
(b) Subdivisions 3a, 3b, 3c, and
subdivision 6, paragraphs (d) through (g), and subdivision 7, paragraph (e), do
not apply to the collocation or regulation of small wireless facilities issued
a permit by a local government unit before the effective date of this act under
an ordinance enacted before May 18, 2017, that regulates the collocation of
small wireless facilities.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
ARTICLE 10
ENERGY POLICY
Section 1.� Minnesota Statutes 2016, section 3.8851, subdivision 1, is amended to read:
Subdivision 1.� Establishment.� (a) There is established a Legislative Energy Commission to study and to make recommendations for legislation concerning issues related to its duties under subdivision 3.
(b) The commission consists of:
(1) ten nine members of the
house of representatives, five of whom are appointed by the speaker of
the house, and four of whom must be from are appointed
by the leader of the minority caucus, and including the chair of the
committee with primary jurisdiction over energy policy; the chair or another
member of each of the committees with primary jurisdiction over environmental
policy, agricultural policy, and transportation policy; and
(2) ten nine members of the
senate to be, five of whom are appointed by the Subcommittee
on Committees, leader of the majority caucus and four of whom must
be from are appointed by the leader of the minority caucus, and
including the chair of the committee with primary jurisdiction over energy
policy; and the chair or another member of each of the committees with primary
jurisdiction over environmental policy, agricultural policy, and transportation
policy.
(c) The commission may employ full-time and part-time staff, contract for consulting services, and may reimburse the expenses of persons requested to assist it in its duties.� The director of the Legislative Coordinating Commission shall assist the commission in administrative matters.� The commission shall elect cochairs, one member of the house of representatives and one member of the senate from among the committee and subcommittee chairs named to the commission.� The commission members from the house of representatives shall elect the house of representatives cochair, and the commission members from the senate shall elect the senate cochair.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 2.� Minnesota Statutes 2016, section 16B.323, is amended to read:
16B.323
SOLAR ENERGY IN STATE BUILDINGS.
Subdivision 1.� Definitions.� (a) For purposes of this section, the following terms have the meanings given.
(b) "Made in Minnesota" means
the manufacture in this state of:
(1) components of a solar thermal
system certified by the Solar Rating and Certification Corporation; or
(2) solar photovoltaic modules that:
(i) are manufactured at a manufacturing
facility in Minnesota that is registered and authorized to manufacture those
solar photovoltaic modules by Underwriters Laboratory, CSA International,
Intertek, or an equivalent independent testing agency;
(ii) bear certification marks from
Underwriters Laboratory, CSA International, Intertek, or an equivalent
independent testing agency; and
(iii) meet the requirements of section
116C.7791, subdivision 3, paragraph (a), clauses (1), (5), and (6).
For the purposes of clause (2),
"manufactured" has the meaning given in section 116C.7791,
subdivision 1, paragraph (b), clauses (1) and (2).
(c) (b) "Major
renovation" means a substantial addition to an existing building, or a
substantial change to the interior configuration or the energy system of an
existing building.
(d) (c) "Solar energy
system" means solar photovoltaic modules devices
alone or installed in conjunction with a solar thermal system.
(e) "Solar Photovoltaic module
(d) "Photovoltaic device" has the meaning given in section(f) (e) "Solar thermal
system" has the meaning given "qualifying solar thermal project"
in section 216B.2411, subdivision 2, paragraph (e).
(g) (f) "State
building" means a building whose construction or renovation is paid wholly
or in part by the state from the bond proceeds fund.
Subd. 2.� Solar
energy system.� (a) As provided in
paragraphs (b) and (c), a project for the construction or major renovation of a
state building, after the completion of a cost-benefit analysis, may include
installation of "Made in Minnesota" solar energy systems of 40
up to 300 kilowatts capacity on, adjacent, or in proximity to the state
building.
(b) The capacity of a solar energy
system must be less than 40 300 kilowatts to the extent necessary
to match the electrical load of the building, or to the extent the
capacity must be no more than necessary to keep the costs for the
installation below the five percent maximum set by paragraph (c).
(c) The cost of the solar energy system must not exceed five percent of the appropriations from the bond proceeds fund for the construction or renovation of the state building.� Purchase and installation of a solar thermal system may account for no more than 25 percent of the cost of a solar energy system installation.
(d) A project subject to this section is ineligible to receive a rebate for the installation of a solar energy system under section 116C.7791 or from any utility.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 3.� Minnesota Statutes 2016, section 116C.779, subdivision 1, is amended to read:
Subdivision 1.� Renewable
development account.� (a) The
renewable development account is established as a separate account in the
special revenue fund in the state treasury.�
Appropriations and transfers to the account shall be credited to the
account.� Earnings, such as interest,
dividends, and any other earnings arising from assets of the account, shall be
credited to the account.� Funds remaining
in the account at the end of a fiscal year are not canceled to the general fund
but remain in the account until expended.�
The account shall be administered by the commissioner of management and
budget as provided under this section.
(b) On July 1, 2017, the public utility
that owns the Prairie Island nuclear generating plant must transfer all funds
in the renewable development account previously established under this
subdivision and managed by the public utility to the renewable development
account established in paragraph (a).� Funds
awarded to grantees in previous grant cycles that have not yet been expended
and unencumbered funds required to be paid in calendar year 2017 under
paragraphs (f) and (g), and sections 116C.7792 and 216C.41, are not subject to
transfer under this paragraph.
(c) Except as provided in subdivision 1a,
beginning January 15, 2018, and continuing each January 15 thereafter, the
public utility that owns the Prairie Island nuclear generating plant must
transfer to a renewable development the renewable development
account $500,000 each year for each dry cask containing spent fuel that is
located at the Prairie Island power plant for each year the plant is in
operation, and $7,500,000 each year the plant is not in operation if ordered by
the commission pursuant to paragraph (c) (i).� The fund transfer must be made if nuclear
waste is stored in a dry cask at the independent spent-fuel storage facility at
Prairie Island for any part of a year.
(b) (d) Except as provided in
subdivision 1a, beginning January 15, 2018, and continuing each January 15
thereafter, the public utility that owns the Monticello nuclear generating
plant must transfer to the renewable development account $350,000 each year for
each dry cask containing spent fuel that is located at the Monticello
nuclear
power plant for each year the plant is in operation, and $5,250,000 each year
the plant is not in operation if ordered by the commission pursuant to
paragraph (c) (i).� The
fund transfer must be made if nuclear waste is stored in a dry cask at the
independent spent-fuel storage facility at Monticello for any part of a year.
(e) Each year, the public utility shall
withhold from the funds transferred to the renewable development account under
paragraphs (c) and (d) the amount necessary to pay its obligations under
paragraphs (f) and (g), and sections 116C.7792 and 216C.41, for that calendar
year.
(f) If the commission approves a new or
amended power purchase agreement, the termination of a power purchase
agreement, or the purchase and closure of a facility under section 216B.2424,
subdivision 9, with an entity that uses poultry litter to generate electricity,
the public utility subject to this section shall enter into a contract with the
city in which the poultry litter plant is located to provide grants to the city
for the purposes of economic development on the following schedule:� $4,000,000 in fiscal year 2018; $6,500,000
each fiscal year in 2019 and 2020; and $3,000,000 in fiscal year 2021.� The grants shall be paid by the public
utility from funds withheld from the transfer to the renewable development
account, as provided in paragraphs (b) and (e).
(g) If the commission approves a new or
amended power purchase agreement, or the termination of a power purchase
agreement under section 216B.2424, subdivision 9, with an entity owned or
controlled, directly or indirectly, by two municipal utilities located north of
Constitutional Route No. 8, that was previously used to meet the biomass
mandate in section 216B.2424, the public utility that owns a nuclear generating
plant shall enter into a grant contract with such entity to provide $6,800,000
per year for five years, commencing 30 days after the commission approves the
new or amended power purchase agreement, or the termination of the power
purchase agreement, and on each June 1 thereafter through 2021, to assist the
transition required by the new, amended, or terminated power purchase agreement.� The grant shall be paid by the public utility
from funds withheld from the transfer to the renewable development account as
provided in paragraphs (b) and (e).
(h) The collective amount paid under
the grant contracts awarded under paragraphs (f) and (g) is limited to the
amount deposited into the renewable development account, and its predecessor,
the renewable development account, established under this section, that was not
required to be deposited into the account under Laws 1994, chapter 641, article
1, section 10.
(c) (i) After discontinuation
of operation of the Prairie Island nuclear plant or the Monticello nuclear
plant and each year spent nuclear fuel is stored in dry cask at the
discontinued facility, the commission shall require the public utility to pay
$7,500,000 for the discontinued Prairie Island facility and $5,250,000 for the
discontinued Monticello facility for any year in which the commission finds, by
the preponderance of the evidence, that the public utility did not make a good
faith effort to remove the spent nuclear fuel stored at the facility to a
permanent or interim storage site out of the state.� This determination shall be made at least
every two years.
(d) (j) Funds in the account
may be expended only for any of the following purposes:
(1) to increase the market penetration
within the state of renewable electric energy resources at reasonable costs;
(2) to promote the start-up, expansion,
and attraction of renewable electric energy projects and companies within the
state;
(3) to stimulate research and
development within the state into of renewable electric energy
technologies; and
(4) to develop near-commercial and
demonstration scale renewable electric projects or near-commercial and demonstration
scale electric infrastructure delivery projects if those delivery projects
enhance the delivery of renewable electric energy
(2)
to encourage grid modernization, including, but not limited to, projects that
implement electricity storage, load control, and smart meter technology; and
(3) to stimulate other innovative energy projects that reduce demand and increase system efficiency and flexibility.
Expenditures from the fund must benefit Minnesota
ratepayers receiving electric service from the utility that owns a
nuclear-powered electric generating plant in this state or the Prairie Island
Indian community or its members.
The utility that owns a nuclear generating plant is eligible
to apply for renewable development account grants under this subdivision.
(k) For the purposes of paragraph (j),
the following terms have the meanings given:
(1) "renewable" has the meaning
given in section 216B.2422, subdivision 1, paragraph (c), clauses (1), (2),
(4), and (5); and
(2) "grid modernization" means:
(i) enhancing the reliability of the
electrical grid;
(ii) improving the security of the
electrical grid against cyberthreats and physical threats; and
(iii) increasing energy conservation
opportunities by facilitating communication between the utility and its
customers through the use of two-way meters, control technologies, energy
storage and microgrids, technologies to enable demand response, and other
innovative technologies.
(e) Expenditures authorized by this
subdivision from the account may be made only after approval by order of the
Public Utilities Commission upon a petition by the public utility.� The commission may approve proposed
expenditures, may disapprove proposed expenditures that it finds to be not in
compliance with this subdivision or otherwise not in the public interest, and
may, if agreed to by the public utility, modify proposed expenditures.� The commission may approve reasonable and
necessary expenditures for administering the account in an amount not to exceed
five percent of expenditures.� Commission
approval is not required for expenditures required under subdivisions 2 and 3,
section 116C.7791, or other law.
(f) The account shall be managed by the
public utility but the public utility must consult about account expenditures
with an (l) A renewable development account advisory group that
includes, among others, representatives of the public utility and its
ratepayers, and includes at least one representative of the Prairie Island
Indian community appointed by that community's tribal council, shall develop
recommendations on account expenditures.�
The commission may require that other interests be represented on the
advisory group.� The advisory group
must be consulted with respect to the general scope of expenditures in
designing design a request for proposal and in evaluating evaluate
projects submitted in response to a request for proposals.� In addition to consulting with The
advisory group, the public utility must utilize an independent
third-party expert to evaluate proposals submitted in response to a request for
proposal, including all proposals made by the public utility.� A request for proposal for research and
development under paragraph (d) (j), clause (3) (1),
may be limited to or include a request to higher education institutions located
in Minnesota for multiple projects authorized under paragraph (d) (j),
clause (3) (1).� The
request for multiple projects may include a provision that exempts the projects
from the third-party expert review and instead provides for project evaluation
and selection by a merit peer review grant system.� The utility should attempt to reach
agreement with the advisory group after consulting with it but the utility has
full and sole authority to determine which expenditures shall be submitted to
the commission for commission approval.�
In the process of determining request for proposal scope and subject and
in evaluating responses to request for proposals, the public utility advisory
group must strongly consider, where reasonable, potential benefit to
Minnesota citizens and businesses and the utility's ratepayers.
(m)
The advisory group shall submit funding recommendations to the public utility,
which has full and sole authority to determine which expenditures shall be
submitted by the advisory group to the legislature.� The commission may approve proposed
expenditures, may disapprove proposed expenditures that it finds not to be in
compliance with this subdivision or otherwise not in the public interest, and
may, if agreed to by the public utility, modify proposed expenditures.� The commission shall, by order, submit its
funding recommendations to the legislature as provided under paragraph (n).
(g) Funds in (n) The commission
shall present its recommended appropriations from the account to the senate and
house of representatives committees with jurisdiction over energy policy and
finance annually by February 15.� Expenditures
from the account may not must be directly appropriated
by the legislature by a law enacted after January 1, 2012, and unless
appropriated by a law enacted prior to that date may be expended only pursuant
to an order of the commission according to this subdivision.� In enacting appropriations from the
account, the legislature:
(1) may approve or disapprove, but may
not modify, the amount of an appropriation for a project recommended by the
commission; and
(2) may not appropriate money for a
project the commission has not recommended funding.
(h) (n) A request for
proposal for renewable energy generation projects must, when feasible and
reasonable, give preference to projects that are most cost-effective for a
particular energy source.
(i) (o) The public utility
advisory group must annually, by February 15, report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
energy policy on projects funded by the account for the prior year and all
previous years.� The report must, to the
extent possible and reasonable, itemize the actual and projected financial
benefit to the public utility's ratepayers of each project.
(p) By February 1, 2018, and each
February 1 thereafter, the commissioner of management and budget shall submit a
written report regarding the availability of funds in and obligations of the
account to the chairs and ranking minority members of the senate and house
committees with jurisdiction over energy policy and finance, the public
utility, and the advisory group.
(j) (q) A project receiving
funds from the account must produce a written final report that includes
sufficient detail for technical readers and a clearly written summary for
nontechnical readers.� The report must
include an evaluation of the project's financial, environmental, and other
benefits to the state and the public utility's ratepayers.
(k) (r) Final reports, any
mid-project status reports, and renewable development account financial reports
must be posted online on a public Web site designated by the commission commissioner
of commerce.
(l) (s) All final reports
must acknowledge that the project was made possible in whole or part by the
Minnesota renewable development fund account, noting that the fund
account is financed by the public utility's ratepayers.
(t) Of the amount in the renewable
development account, priority must be given to making the payments required
under section 216C.417.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 4.� Minnesota Statutes 2016, section 116C.7792, is amended to read:
116C.7792
SOLAR ENERGY INCENTIVE PROGRAM.
The utility subject to section 116C.779
shall operate a program to provide solar energy production incentives for solar
energy systems of no more than a total nameplate capacity of 20 kilowatts
direct current.� The program shall be
operated for five eight consecutive calendar years commencing in
2014.� $5,000,000 shall be allocated for
in each of
the
five first four years, $15,000,000 in the fifth year,
$10,000,000 in each of the sixth and seventh years, and $5,000,000 in the
eighth year from funds withheld from transfer to the renewable
development account established in section 116C.779 to a separate under
section 116C.779, subdivision 1, paragraphs (b) and (e), and placed in a
separate account for the purpose of the solar production incentive program.� The solar system must be sized to less than
120 percent of the customer's on-site annual energy consumption.� The production incentive must be paid for ten
years commencing with the commissioning of the system.� The utility must file a plan to operate the
program with the commissioner of commerce.�
The utility may not operate the program until it is approved by the
commissioner.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 5.� Minnesota Statutes 2016, section 216B.164, subdivision 2, is amended to read:
Subd. 2.� Applicability; rights maintained.� (a) This section as well as any rules promulgated by the commission to implement this section or the Public Utility Regulatory Policies Act of 1978, Public Law 95-617, Statutes at Large, volume 92, page 3117, as amended, and the Federal Energy Regulatory Commission regulations thereunder, Code of Federal Regulations, title 18, part 292, as amended, shall, unless otherwise provided in this section, apply to all Minnesota electric utilities, including cooperative electric associations and municipal electric utilities.
(b) Nothing in this section shall be
construed to alter the rights and duties of any person pursuant to the Public
Utility Regulatory Policies Act of 1978, Public Law 95-617, Statutes at Large,
volume 92, page 3117, as amended, and the Federal Energy Regulatory Commission
regulations thereunder, Code of Federal Regulations, title 18, part 292, as
amended.
Sec. 6.� Minnesota Statutes 2016, section 216B.164, subdivision 5, is amended to read:
Subd. 5.� Dispute;
resolution.� (a) In the event
of disputes between an electric a public utility and a qualifying
facility, either party may request a determination of the issue by the
commission.� In any such determination,
the burden of proof shall be on the public utility.� The commission in its order resolving each
such dispute shall require payments to the prevailing party of the prevailing
party's costs, disbursements, and reasonable attorneys' fees, except that the
qualifying facility will be required to pay the costs, disbursements, and
attorneys' fees of the public utility only if the commission finds that
the claims of the qualifying facility in the dispute have been made in bad
faith, or are a sham, or are frivolous.
(b) Notwithstanding subdivisions 9 and
11, a qualifying facility over 20 megawatts may, until December 31, 2022,
request that the commission resolve a dispute with any utility, including a
cooperative electric association or municipal utility, under paragraph (a).
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 7.� Minnesota Statutes 2016, section 216B.164, subdivision 9, is amended to read:
Subd. 9.� Municipal
electric utility.� For purposes of
this section only, except subdivision 5, and with respect to municipal
electric utilities only, the term "commission" means the governing
body of each municipal electric utility that adopts and has in effect rules
implementing this section which are consistent with the rules adopted by the
Minnesota Public Utilities Commission under subdivision 6.� As used in this subdivision, the governing
body of a municipal electric utility means the city council of that
municipality; except that, if another board, commission, or body is empowered
by law or resolution of the city council or by its charter to establish and
regulate rates and days for the distribution of electric energy within the
service area of the city, that board, commission, or body shall be considered
the governing body of the municipal electric utility.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 8.� Minnesota Statutes 2016, section 216B.164, is amended by adding a subdivision to read:
Subd. 11.� Cooperative
electric association.� (a) For
purposes of this section only, the term "commission" means the board
of directors of a cooperative association that (1) elects, by resolution, to
assume the authority delegated to the Public Utilities Commission over cooperative
electric associations under this section, and (2) adopts and has in effect
rules implementing this section.� The
rules must provide for a process to resolve disputes that arise under this
section, and must include a provision that a request by either party for
mediation of the dispute by an independent third party must be implemented in
accordance with paragraph (b).� A
cooperative electric association that has adopted a resolution and rules under
this subdivision is exempt from regulation by the Public Utilities Commission
under this section.
(b) In the event of a dispute between a
cooperative electric association and one or more of its members, either party
may request mediation of the dispute only after all attempts to settle the
dispute under the cooperative electric association's dispute resolution process
have been exhausted.� The parties must
mutually agree upon the selection of a mediator, who must be listed on the
roster of neutrals for civil matters established by the state court administrator
under Rule 114.12 of Minnesota's General Rules of Practice for the District
Courts.� The cooperative electric
association shall pay 90 percent of the cost of mediation, and the member or
members who initiated the dispute shall pay ten percent of the cost of
mediation.
(c) Except as provided in paragraph
(d), any proceedings concerning the activities of a cooperative electric
association under this section that are pending at the Public Utilities
Commission on the effective date of this section are terminated on that date.
(d) The Public Utilities Commission may
complete its investigation in Docket No. 16-512 to assess whether the methodology used by cooperative associations to
establish a fee under section 216B.164, subdivision 3, paragraph (a),
complies with state law if the commission determines that completing the
investigation is necessary to protect the public interest, in which case it
shall complete the investigation no later than December 31, 2017.� A methodology that the commission determines
complies with state law may not be challenged in a dispute under this section.� If the commission determines that a
methodology does not comply with state law, it shall clearly state the changes
necessary to bring the methodology into compliance, and a cooperative electric
association shall modify its methodology in accordance with the commission's
directives.
(e) For a cooperative electric
association that elects to operate under the provisions of paragraph (a),
disputes arising under this section subsequent to a cooperative electric
association's modification of its methodology under paragraph (d) shall be
addressed under the cooperative association's rules and paragraph (b), as
applicable.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 9.� Minnesota Statutes 2016, section 216B.1691, subdivision 2f, is amended to read:
Subd. 2f.� Solar energy standard.� (a) In addition to the requirements of subdivisions 2a and 2b, each public utility shall generate or procure sufficient electricity generated by solar energy to serve its retail electricity customers in Minnesota so that by the end of 2020, at least 1.5 percent of the utility's total retail electric sales to retail customers in Minnesota is generated by solar energy.
(b) For a public utility with more than 200,000 retail electric customers, at least ten percent of the 1.5 percent goal must be met by solar energy generated by or procured from solar photovoltaic devices with a nameplate capacity of 20 kilowatts or less.
(c) A public utility with between
50,000 and 200,000 retail electric customers:
(1)
must meet at least ten percent of the 1.5 percent goal with solar energy
generated by or procured from solar photovoltaic devices with a nameplate
capacity of 40 kilowatts or less; and
(2) may apply toward the ten percent
goal in clause (1) individual customer subscriptions of 40 kilowatts or less to
a community solar garden program operated by the public utility that has been
approved by the commission.
(b) (d) The solar energy
standard established in this subdivision is subject to all the provisions of
this section governing a utility's standard obligation under subdivision 2a.
(c) (e) It is an energy goal
of the state of Minnesota that, by 2030, ten percent of the retail electric
sales in Minnesota be generated by solar energy.
(d) (f) For the purposes of
calculating the total retail electric sales of a public utility under this
subdivision, there shall be excluded retail electric sales to customers that
are:
(1) an iron mining extraction and processing facility, including a scram mining facility as defined in Minnesota Rules, part 6130.0100, subpart 16; or
(2) a paper mill, wood products manufacturer, sawmill, or oriented strand board manufacturer.
Those customers may not have included in the rates charged to them by the public utility any costs of satisfying the solar standard specified by this subdivision.
(e) (g) A public utility may
not use energy used to satisfy the solar energy standard under this subdivision
to satisfy its standard obligation under subdivision 2a.� A public utility may not use energy used to
satisfy the standard obligation under subdivision 2a to satisfy the solar
standard under this subdivision.
(f) (h) Notwithstanding any
law to the contrary, a solar renewable energy credit associated with a solar
photovoltaic device installed and generating electricity in Minnesota after
August 1, 2013, but before 2020 may be used to meet the solar energy standard
established under this subdivision.
(g) (i) Beginning July 1,
2014, and each July 1 through 2020, each public utility shall file a report
with the commission reporting its progress in achieving the solar energy
standard established under this subdivision.
EFFECTIVE
DATE.� This section is
effective July 1, 2017.
Sec. 10.� Minnesota Statutes 2016, section 216B.1694, subdivision 3, is amended to read:
Subd. 3.� Staging and permitting.� (a) A natural gas-fired plant that is located on one site designated as an innovative energy project site under subdivision 1, clause (3), is accorded the regulatory incentives granted to an innovative energy project under subdivision 2, clauses (1) to (3), and may exercise the authorities therein.
(b) Following issuance of a final state or federal environmental impact statement for an innovative energy project that was a subject of contested case proceedings before an administrative law judge:
(1) site and route permits and water
appropriation approvals for an innovative energy project must also be deemed
valid for a plant meeting the requirements of paragraph (a) and shall remain
valid until the earlier later of (i) four years from the date the
final required state or federal preconstruction permit is issued or (ii) June
30, 2019 2025; and
(2) no air, water, or other permit issued by a state agency that is necessary for constructing an innovative energy project may be the subject of contested case hearings, notwithstanding Minnesota Rules, parts 7000.1750 to 7000.2200.
Sec. 11.� Minnesota Statutes 2016, section 216B.241, subdivision 1b, is amended to read:
Subd. 1b.� Conservation improvement by cooperative association or municipality.� (a) This subdivision applies to:
(1) a cooperative electric association that
provides retail service to its more than 5,000 members;
(2) a municipality that provides electric service to more than 1,000 retail customers; and
(3) a municipality with more than
1,000,000,000 cubic feet in annual throughput sales to natural gas to
retail customers.
(b) Each cooperative electric association and municipality subject to this subdivision shall spend and invest for energy conservation improvements under this subdivision the following amounts:
(1) for a municipality, 0.5 percent of its gross operating revenues from the sale of gas and 1.5 percent of its gross operating revenues from the sale of electricity, excluding gross operating revenues from electric and gas service provided in the state to large electric customer facilities; and
(2) for a cooperative electric association, 1.5 percent of its gross operating revenues from service provided in the state, excluding gross operating revenues from service provided in the state to large electric customer facilities indirectly through a distribution cooperative electric association.
(c) Each municipality and cooperative electric association subject to this subdivision shall identify and implement energy conservation improvement spending and investments that are appropriate for the municipality or association, except that a municipality or association may not spend or invest for energy conservation improvements that directly benefit a large energy facility or a large electric customer facility for which the commissioner has issued an exemption under subdivision 1a, paragraph (b).
(d) Each municipality and cooperative electric association subject to this subdivision may spend and invest annually up to ten percent of the total amount required to be spent and invested on energy conservation improvements under this subdivision on research and development projects that meet the definition of energy conservation improvement in subdivision 1 and that are funded directly by the municipality or cooperative electric association.
(e) Load-management activities may be used to meet 50 percent of the conservation investment and spending requirements of this subdivision.
(f) A generation and transmission cooperative electric association that provides energy services to cooperative electric associations that provide electric service at retail to consumers may invest in energy conservation improvements on behalf of the associations it serves and may fulfill the conservation, spending, reporting, and energy-savings goals on an aggregate basis.� A municipal power agency or other not-for-profit entity that provides energy service to municipal utilities that provide electric service at retail may invest in energy conservation improvements on behalf of the municipal utilities it serves and may fulfill the conservation, spending, reporting, and energy-savings goals on an aggregate basis, under an agreement between the municipal power agency or not-for-profit entity and each municipal utility for funding the investments.
(g) Each municipality or cooperative shall file energy conservation improvement plans by June 1 on a schedule determined by order of the commissioner, but at least every three years.� Plans received by June 1 must be approved or approved as modified by the commissioner by December 1 of the same year.� The municipality or cooperative shall provide an evaluation to the commissioner detailing its energy conservation improvement spending and investments for the previous period.� The evaluation must briefly describe each conservation program and must specify the energy savings or increased efficiency in the use of energy within the service territory of the utility or association that is the result of the spending and investments.� The evaluation must analyze the cost-effectiveness of the utility's or association's conservation programs, using a list of baseline energy and capacity savings assumptions developed in consultation with the department.� The commissioner shall review each evaluation and make recommendations, where appropriate, to the municipality or association to increase the effectiveness of conservation improvement activities.
(h) MS 2010 [Expired, 1Sp2003 c 11 art 3
s 4; 2007 c 136 art 2 s 5]
(i) (h) The commissioner shall
consider and may require a utility, association, or other entity providing
energy efficiency and conservation services under this section to undertake a
program suggested by an outside source, including a political subdivision,
nonprofit corporation, or community organization.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 12.� Minnesota Statutes 2016, section 216B.241, subdivision 1c, is amended to read:
Subd. 1c.� Energy-saving goals.� (a) The commissioner shall establish energy-saving goals for energy conservation improvement expenditures and shall evaluate an energy conservation improvement program on how well it meets the goals set.
(b) Each individual utility and association shall have an annual energy-savings goal equivalent to 1.5 percent of gross annual retail energy sales unless modified by the commissioner under paragraph (d).� The savings goals must be calculated based on the most recent three-year weather-normalized average.� A utility or association may elect to carry forward energy savings in excess of 1.5 percent for a year to the succeeding three calendar years, except that savings from electric utility infrastructure projects allowed under paragraph (d) may be carried forward for five years.� A particular energy savings can be used only for one year's goal.
(c) The commissioner must adopt a filing schedule that is designed to have all utilities and associations operating under an energy-savings plan by calendar year 2010.
(d) In its energy conservation improvement plan filing, a utility or association may request the commissioner to adjust its annual energy-savings percentage goal based on its historical conservation investment experience, customer class makeup, load growth, a conservation potential study, or other factors the commissioner determines warrants an adjustment.� The commissioner may not approve a plan of a public utility that provides for an annual energy-savings goal of less than one percent of gross annual retail energy sales from energy conservation improvements.
A utility or association may include in its energy conservation plan energy savings from electric utility infrastructure projects approved by the commission under section 216B.1636 or waste heat recovery converted into electricity projects that may count as energy savings in addition to a minimum energy-savings goal of at least one percent for energy conservation improvements.� Energy savings from electric utility infrastructure projects, as defined in section 216B.1636, may be included in the energy conservation plan of a municipal utility or cooperative electric association.� Electric utility infrastructure projects must result in increased energy efficiency greater than that which would have occurred through normal maintenance activity.
(e) An energy-savings goal is not satisfied by attaining the revenue expenditure requirements of subdivisions 1a and 1b, but can only be satisfied by meeting the energy-savings goal established in this subdivision.
(f) An association or utility is not required to make energy conservation investments to attain the energy-savings goals of this subdivision that are not cost-effective even if the investment is necessary to attain the energy-savings goals.� For the purpose of this paragraph, in determining cost-effectiveness, the commissioner shall consider the costs and benefits to ratepayers, the utility, participants, and society.� In addition, the commissioner shall consider the rate at which an association or municipal utility is increasing its energy savings and its expenditures on energy conservation.
(g) On an annual basis, the commissioner shall produce and make publicly available a report on the annual energy savings and estimated carbon dioxide reductions achieved by the energy conservation improvement programs for the two most recent years for which data is available.� The commissioner shall report on program performance both in the aggregate and for each entity filing an energy conservation improvement plan for approval or review by the commissioner.
(h) By January 15, 2010, the commissioner shall report to the legislature whether the spending requirements under subdivisions 1a and 1b are necessary to achieve the energy-savings goals established in this subdivision.
(i) This subdivision does not apply to:
(1) a cooperative electric association
with fewer than 5,000 members;
(2) a municipal utility with fewer than
1,000 retail electric customers; or
(3) a municipal utility with less than
1,000,000,000 cubic feet in annual throughput sales to retail natural gas
customers.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 13.� Minnesota Statutes 2016, section 216B.241, subdivision 1d, is amended to read:
Subd. 1d.� Technical assistance.� (a) The commissioner shall evaluate energy conservation improvement programs on the basis of cost-effectiveness and the reliability of the technologies employed.� The commissioner shall, by order, establish, maintain, and update energy-savings assumptions that must be used when filing energy conservation improvement programs.� The commissioner shall establish an inventory of the most effective energy conservation programs, techniques, and technologies, and encourage all Minnesota utilities to implement them, where appropriate, in their service territories.� The commissioner shall describe these programs in sufficient detail to provide a utility reasonable guidance concerning implementation.� The commissioner shall prioritize the opportunities in order of potential energy savings and in order of cost-effectiveness.� The commissioner may contract with a third party to carry out any of the commissioner's duties under this subdivision, and to obtain technical assistance to evaluate the effectiveness of any conservation improvement program.� The commissioner may assess up to $850,000 annually for the purposes of this subdivision.� The assessments must be deposited in the state treasury and credited to the energy and conservation account created under subdivision 2a.� An assessment made under this subdivision is not subject to the cap on assessments provided by section 216B.62, or any other law.
(b) Of the assessment authorized under paragraph (a), the commissioner may expend up to $400,000 annually for the purpose of developing, operating, maintaining, and providing technical support for a uniform electronic data reporting and tracking system available to all utilities subject to this section, in order to enable accurate
measurement
of the cost and energy savings of the energy conservation improvements required
by this section.� This paragraph expires
June 30, 2017, and may be used for no more than three annual assessments
occurring prior to that date 2018.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 14.� Minnesota Statutes 2016, section 216B.241, subdivision 2, is amended to read:
Subd. 2.� Programs.� (a) The commissioner may require public utilities to make investments and expenditures in energy conservation improvements, explicitly setting forth the interest rates, prices, and terms under which the improvements must be offered to the customers.� The required programs must cover no more than a three-year period.� Public utilities shall file conservation improvement plans by June 1, on a schedule determined by order of the commissioner, but at least every three years.� Plans received by a public utility by June 1 must be approved or approved as modified by the commissioner by December 1 of that same year.� The commissioner shall evaluate the program on the basis of cost-effectiveness and the reliability of technologies employed.� The commissioner's order must provide to the extent practicable for a free choice, by consumers participating in the program, of the device, method, material, or project constituting the energy conservation improvement and for a free choice of the seller, installer, or contractor of the energy conservation improvement, provided that the device, method, material, or project seller, installer, or contractor is duly licensed, certified, approved, or qualified, including under the residential conservation services program, where applicable.
(b) The commissioner may require a utility subject to subdivision 1c to make an energy conservation improvement investment or expenditure whenever the commissioner finds that the improvement will result in energy savings at a total cost to the utility less than the cost to the utility to produce or purchase an equivalent amount of new supply of energy.� The commissioner shall nevertheless ensure that every public utility operate one or more programs under periodic review by the department.
(c) Each public utility subject to subdivision 1a may spend and invest annually up to ten percent of the total amount required to be spent and invested on energy conservation improvements under this section by the utility on research and development projects that meet the definition of energy conservation improvement in subdivision 1 and that are funded directly by the public utility.
(d) A public utility may not spend for or invest in energy conservation improvements that directly benefit a large energy facility or a large electric customer facility for which the commissioner has issued an exemption pursuant to subdivision 1a, paragraph (b).� The commissioner shall consider and may require a utility to undertake a program suggested by an outside source, including a political subdivision, a nonprofit corporation, or community organization.
(e) A utility, a political subdivision, or a nonprofit or community organization that has suggested a program, the attorney general acting on behalf of consumers and small business interests, or a utility customer that has suggested a program and is not represented by the attorney general under section 8.33 may petition the commission to modify or revoke a department decision under this section, and the commission may do so if it determines that the program is not cost-effective, does not adequately address the residential conservation improvement needs of low-income persons, has a long-range negative effect on one or more classes of customers, or is otherwise not in the public interest.� The commission shall reject a petition that, on its face, fails to make a reasonable argument that a program is not in the public interest.
(f) The commissioner may order a public utility to include, with the filing of the utility's annual status report, the results of an independent audit of the utility's conservation improvement programs and expenditures performed by the department or an auditor with experience in the provision of energy conservation and energy efficiency services
approved by the commissioner and chosen by the utility.� The audit must specify the energy savings or increased efficiency in the use of energy within the service territory of the utility that is the result of the spending and investments.� The audit must evaluate the cost-effectiveness of the utility's conservation programs.
(g) A gas utility may not spend for or invest in energy conservation improvements that directly benefit a large customer facility or commercial gas customer facility for which the commissioner has issued an exemption pursuant to subdivision 1a, paragraph (b), (c), or (e).� The commissioner shall consider and may require a utility to undertake a program suggested by an outside source, including a political subdivision, a nonprofit corporation, or a community organization.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 15.� Minnesota Statutes 2016, section 216B.241, subdivision 5, is amended to read:
Subd. 5.� Efficient lighting program.� (a) Each public utility, cooperative electric association, and municipal utility that provides electric service to retail customers and is subject to subdivision 1c shall include as part of its conservation improvement activities a program to strongly encourage the use of fluorescent and high-intensity discharge lamps.� The program must include at least a public information campaign to encourage use of the lamps and proper management of spent lamps by all customer classifications.
(b) A public utility that provides electric service at retail to 200,000 or more customers shall establish, either directly or through contracts with other persons, including lamp manufacturers, distributors, wholesalers, and retailers and local government units, a system to collect for delivery to a reclamation or recycling facility spent fluorescent and high-intensity discharge lamps from households and from small businesses as defined in section 645.445 that generate an average of fewer than ten spent lamps per year.
(c) A collection system must include establishing reasonably convenient locations for collecting spent lamps from households and financial incentives sufficient to encourage spent lamp generators to take the lamps to the collection locations.� Financial incentives may include coupons for purchase of new fluorescent or high-intensity discharge lamps, a cash back system, or any other financial incentive or group of incentives designed to collect the maximum number of spent lamps from households and small businesses that is reasonably feasible.
(d) A public utility that provides electric service at retail to fewer than 200,000 customers, a cooperative electric association, or a municipal utility that provides electric service at retail to customers may establish a collection system under paragraphs (b) and (c) as part of conservation improvement activities required under this section.
(e) The commissioner of the Pollution Control Agency may not, unless clearly required by federal law, require a public utility, cooperative electric association, or municipality that establishes a household fluorescent and high‑intensity discharge lamp collection system under this section to manage the lamps as hazardous waste as long as the lamps are managed to avoid breakage and are delivered to a recycling or reclamation facility that removes mercury and other toxic materials contained in the lamps prior to placement of the lamps in solid waste.
(f) If a public utility, cooperative electric association, or municipal utility contracts with a local government unit to provide a collection system under this subdivision, the contract must provide for payment to the local government unit of all the unit's incremental costs of collecting and managing spent lamps.
(g) All the costs incurred by a public utility, cooperative electric association, or municipal utility for promotion and collection of fluorescent and high-intensity discharge lamps under this subdivision are conservation improvement spending under this section.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 16.� Minnesota Statutes 2016, section 216B.241, subdivision 5d, is amended to read:
Subd. 5d.� On-bill repayment programs.� (a) For the purposes of this subdivision:
(1) "utility" means a public utility, municipal utility, or cooperative electric association subject to subdivision 1c that provides electric or natural gas service to retail customers; and
(2) "on-bill repayment program" means a program in which a utility collects on a customer's bill repayment of a loan to the customer by an eligible lender to finance the customer's investment in eligible energy conservation or renewable energy projects, and remits loan repayments to the lender.
(b) A utility may include as part of its conservation improvement plan an on-bill repayment program to enable a customer to finance eligible projects with installment loans originated by an eligible lender.� An eligible project is one that is either an energy conservation improvement, or a project installed on the customer's site that uses an eligible renewable energy source as that term is defined in section 216B.2411, subdivision 2, paragraph (b), but does not include mixed municipal solid waste or refuse-derived fuel from mixed municipal solid waste.� An eligible renewable energy source also includes solar thermal technology that collects the sun's radiant energy and uses that energy to heat or cool air or water, and meets the requirements of section 216C.25.� To be an eligible lender, a lender must:
(1) have a federal or state charter and be eligible for federal deposit insurance;
(2) be a government entity, including an entity established under chapter 469, that has authority to provide financial assistance for energy efficiency and renewable energy projects;
(3) be a joint venture by utilities established under section 452.25; or
(4) be licensed, certified, or otherwise have its lending activities overseen by a state or federal government agency.
The commissioner must allow a utility broad discretion in designing and implementing an on-bill repayment program, provided that the program complies with this subdivision.
(c) A utility may establish an on-bill repayment program for all customer classes or for a specific customer class.
(d) A public utility that implements an on-bill repayment program under this subdivision must enter into a contract with one or more eligible lenders that complies with the requirements of this subdivision and contains provisions addressing capital commitments, loan origination, transfer of loans to the public utility for on-bill repayment, and acceptance of loans returned due to delinquency or default.
(e) A public utility's contract with a lender must require the lender to comply with all applicable federal and state laws, rules, and regulations related to lending practices and consumer protection; to conform to reasonable and prudent lending standards; and to provide businesses that sell, maintain, and install eligible projects the ability to participate in an on-bill repayment program under this subdivision on a nondiscriminatory basis.
(f) A public utility's contract with a lender may provide:
(1) for the public utility to purchase loans from the lender with a condition that the lender must purchase back loans in delinquency or default; or
(2) for the lender to retain ownership of loans with the public utility servicing the loans through on-bill repayment as long as payments are current.
The risk of default must remain with the lender.� The lender shall not have recourse against the public utility except in the event of negligence or breach of contract by the utility.
(g) If a public utility customer makes a partial payment on a utility bill that includes a loan installment, the partial payment must be credited first to the amount owed for utility service, including taxes and fees.� A public utility may not suspend or terminate a customer's utility service for delinquency or default on a loan that is being serviced through the public utility's on-bill repayment program.
(h) An outstanding balance on a loan being repaid under this subdivision is a financial obligation only of the customer who is signatory to the loan, and not to any subsequent customer occupying the property associated with the loan.� If the public utility purchases loans from the lender as authorized under paragraph (f), clause (1), the public utility must return to the lender a loan not repaid when a customer borrower no longer occupies the property.
(i) Costs incurred by a public utility under this subdivision are recoverable as provided in section 216B.16, subdivision 6b, paragraph (c), including reasonable incremental costs for billing system modifications necessary to implement and operate an on-bill repayment program and for ongoing costs to operate the program.� Costs in a plan approved by the commissioner may be counted toward a utility's conservation spending requirements under subdivisions 1a and 1b.� Energy savings from energy conservation improvements resulting from this section may be counted toward satisfying a utility's energy-savings goals under subdivision 1c.
(j) This subdivision does not require a utility to terminate or modify an existing financing program and does not prohibit a utility from establishing an on-bill financing program in which the utility provides the financing capital.
(k) A municipal utility or cooperative electric association that implements an on-bill repayment program shall design the program to address the issues identified in paragraphs (d) through (h) as determined by the governing board of the utility or association.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 17.� Minnesota Statutes 2016, section 216B.241, subdivision 7, is amended to read:
Subd. 7.� Low-income programs.� (a) The commissioner shall ensure that each utility and association subject to subdivision 1c provides low-income programs.� When approving spending and energy-savings goals for low-income programs, the commissioner shall consider historic spending and participation levels, energy savings for low-income programs, and the number of low-income persons residing in the utility's service territory.� A municipal utility that furnishes gas service must spend at least 0.2 percent, and a public utility furnishing gas service must spend at least 0.4 percent, of its most recent three-year average gross operating revenue from residential customers in the state on low-income programs.� A utility or association that furnishes electric service must spend at least 0.1 percent of its gross operating revenue from residential customers in the state on low-income programs.� For a generation and transmission cooperative association, this requirement shall apply to each association's members' aggregate gross operating revenue from sale of electricity to residential customers in the state.� Beginning in 2010, a utility or association that furnishes electric service must spend 0.2 percent of its gross operating revenue from residential customers in the state on low-income programs.
(b) To meet the requirements of paragraph (a), a utility or association may contribute money to the energy and conservation account.� An energy conservation improvement plan must state the amount, if any, of low-income energy conservation improvement funds the utility or association will contribute to the energy and conservation account.� Contributions must be remitted to the commissioner by February 1 of each year.
(c) The commissioner shall establish low-income programs to utilize money contributed to the energy and conservation account under paragraph (b).� In establishing low-income programs, the commissioner shall consult political subdivisions, utilities, and nonprofit and community organizations, especially organizations engaged in providing energy and weatherization assistance to low-income persons.� Money contributed to the energy and conservation account under paragraph (b) must provide programs for low-income persons, including low-income renters, in the service territory of the utility or association providing the money.� The commissioner shall record and report expenditures and energy savings achieved as a result of low-income programs funded through the energy and conservation account in the report required under subdivision 1c, paragraph (g).� The commissioner may contract with a political subdivision, nonprofit or community organization, public utility, municipality, or cooperative electric association to implement low-income programs funded through the energy and conservation account.
(d) A utility or association may petition the commissioner to modify its required spending under paragraph (a) if the utility or association and the commissioner have been unable to expend the amount required under paragraph (a) for three consecutive years.
(e) The costs and benefits associated with any approved low-income gas or electric conservation improvement program that is not cost-effective when considering the costs and benefits to the utility may, at the discretion of the utility, be excluded from the calculation of net economic benefits for purposes of calculating the financial incentive to the utility.� The energy and demand savings may, at the discretion of the utility, be applied toward the calculation of overall portfolio energy and demand savings for purposes of determining progress toward annual goals and in the financial incentive mechanism.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 18.� Minnesota Statutes 2016, section 216B.2422, subdivision 2, is amended to read:
Subd. 2.� Resource plan filing and approval.� (a) A utility shall file a resource plan with the commission periodically in accordance with rules adopted by the commission.� The commission shall approve, reject, or modify the plan of a public utility, as defined in section 216B.02, subdivision 4, consistent with the public interest.
(b) In the resource plan proceedings of all other utilities, the commission's order shall be advisory and the order's findings and conclusions shall constitute prima facie evidence which may be rebutted by substantial evidence in all other proceedings.� With respect to utilities other than those defined in section 216B.02, subdivision 4, the commission shall consider the filing requirements and decisions in any comparable proceedings in another jurisdiction.
(c) As a part of its resource plan
filing, a utility shall include the least cost plan for meeting 50 and 75
percent of all energy needs from both new and refurbished capacity
needs generating facilities through a combination of conservation
and renewable energy resources.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.�
Paragraph (c) applies to resource plans filed with the commission on or
after July 1, 2017.
Sec. 19.� Minnesota Statutes 2016, section 216B.2422, subdivision 4, is amended to read:
Subd. 4.� Preference
for renewable energy facility.� The
commission shall not approve a new or refurbished nonrenewable energy facility
in an integrated resource plan or a certificate of need, pursuant to section
216B.243, nor shall the commission allow rate recovery pursuant to section
216B.16 for such a nonrenewable energy facility, unless the utility has
demonstrated that a renewable energy facility is not in the public interest.� When making the public interest
determination, the commission must include consider:
(1)
whether the resource plan helps the utility achieve the greenhouse gas reduction goals under section 216H.02, the renewable energy standard under section 216B.1691, or the solar energy standard under section 216B.1691, subdivision 2f(2) impacts on local and regional grid
reliability;
(3) utility and ratepayer impacts
resulting from the intermittent nature of renewable energy facilities, including
but not limited to the costs of purchasing wholesale electricity in the market
and the costs of providing ancillary services; and
(4) utility and ratepayer impacts
resulting from reduced exposure to fuel price volatility, changes in
transmission costs, portfolio diversification, and environmental compliance
costs.
EFFECTIVE
DATE.� This section is
effective July 1, 2017.
Sec. 20.� Minnesota Statutes 2016, section 216B.2424, is amended by adding a subdivision to read:
Subd. 9.� Adjustment
of biomass fuel requirement.� (a)
Notwithstanding any provision in this section, the public utility subject to
this section may, with respect to a facility approved under this section, file
a petition with the commission for approval of:
(1) a new or amended power purchase
agreement;
(2) the early termination of a power
purchase agreement; or
(3) the purchase and closure of the
facility.
(b) The commission may approve a new or
amended power purchase agreement under this subdivision, notwithstanding the
fuel requirements of this section, if the commission determines that:
(1) all parties to the original power
purchase agreement, or their successors or assigns, as applicable, agree to the
terms and conditions of the new or amended power purchase agreement; and
(2) the new or amended power purchase
agreement is in the best interest of the customers of the public utility
subject to this section, taking into consideration any savings realized by
customers in the new or amended power purchase agreement and any costs imposed
on customers under paragraph (e).� A new
or amended power purchase agreement approved under this paragraph may be for
any term agreed to by the parties and may govern the purchase of any amount of
energy.
(c) The commission may approve the early
termination of a power purchase agreement or the purchase and closure of a
facility under this subdivision if it determines that:
(1) all parties to the power purchase
agreement, or their successors or assigns, as applicable, agree to the early
termination of the power purchase agreement or the purchase and closure of the
facility; and
(2) the early termination of the power
purchase agreement or the purchase and closure of the facility is in the best
interest of the customers of the public utility subject to this section, taking
into consideration any savings realized by customers as a result of the early
termination of the power purchase agreement or the purchase and closure of the
facility and any costs imposed on the customers under paragraph (e).
(d)
The commission's approval of a new or amended power purchase agreement under
paragraph (b) or of the termination of a power purchase agreement or the
purchase and closure of a facility under paragraph (c), shall not require the
public utility subject to this section to purchase replacement amounts of
biomass energy to fulfill the requirements of this section.
(e) A utility may petition the
commission to approve a rate schedule that provides for the automatic
adjustment of charges to recover investments, expenses and costs, and earnings
on the investments associated with a new or amended power purchase agreement,
the early termination of a power purchase agreement, or the purchase and
closure of a facility.� The commission
may approve the rate schedule upon a showing that the recovery of investments,
expenses and costs, and earnings on the investments is less than the costs that
would have been recovered from customers had the utility continued to purchase
energy under the power purchase agreement in effect before any option available
under this section is approved by the commission.� If approved by the commission, cost recovery
under this paragraph may include all cost recovery allowed for renewable
facilities under section 216B.1645, subdivisions 2 and 2a.
(f) This subdivision does not apply to
a St. Paul district heating and cooling system cogeneration facility, and
nothing in this subdivision precludes a public utility that operates a
nuclear-power electric generating plant from filing a petition with the
commission for approval of a new or amended power purchase agreement with such
a facility.
(g) For the purposes of this
subdivision, "facility" means a biomass facility previously approved
by the commission to satisfy a portion of the biomass mandate in this section.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 21.� Minnesota Statutes 2016, section 216C.05, subdivision 2, is amended to read:
Subd. 2.� Energy policy goals.� It is the energy policy of the state of Minnesota that:
(1) annual energy savings equal to at least 1.5 percent of annual retail energy sales of electricity and natural gas be achieved through cost-effective energy efficiency;
(2) the per capita use of fossil fuel as an
energy input be reduced by 15 percent by the year 2015, through increased
reliance on energy efficiency and renewable energy alternatives; and
(3) 25
percent of the total energy used in the state be derived from renewable energy
resources by the year 2025.; and
(4) retail electricity rates for each
customer class be at least five percent below the national average.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 22.� [216C.417]
PROGRAM ADMINISTRATION; "MADE IN MINNESOTA" SOLAR ENERGY PRODUCTION
INCENTIVES.
Subdivision 1.� General
provisions.� Payment of a
"Made in Minnesota" solar energy production incentive to an owner
whose application was approved by the commissioner of commerce under section
216C.415, by May 1, 2017, must be administered under the provisions of
Minnesota Statutes 2016, sections 216C.411; 216C.413; 216C.414, subdivisions 1
to 3 and 5; and 216C.415.� No incentive
payments may be made under this section to an owner whose application was
approved by the commissioner after May 1, 2017.
Subd. 2.
� Appropriation.� (a) Unspent money remaining in the account established under Minnesota Statutes 2016, section 216C.412, on July 1, 2017, must be transferred to the renewable development account in the special revenue fund established under Minnesota Statutes, section 116C.779, subdivision 1.(b) There is annually appropriated from
the renewable development account in the special revenue fund established in
Minnesota Statutes, section 116C.779, to the commissioner of commerce money
sufficient to make the incentive payments required under Minnesota Statutes
2016, section 216C.415.� Any funds
appropriated under this paragraph that are unexpended at the end of a fiscal
year cancel to the renewable development account.
(c) Notwithstanding Minnesota Statutes
2016, section 216C.412, subdivision 1, none of this appropriation may be used
for administrative costs.
Subd. 3.� Eligibility
window; payment duration.� (a)
Payments may be made under this subdivision only for solar photovoltaic module
installations that meet the requirements of subdivision 1 and that first begin
generating electricity between January 1, 2014, and October 31, 2018.
(b) The payment eligibility window of
the incentive begins and runs consecutively from the date the solar
photovoltaic modules first begins generating electricity.
(c) An owner of solar photovoltaic
modules may receive payments under this section for a particular module for a
period of ten years, provided that sufficient funds are available in the account.
(d) No payment may be made under this
section for electricity generated after October 31, 2028.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 23.� Minnesota Statutes 2016, section 216C.435, is amended by adding a subdivision to read:
Subd. 7a.� Multifamily
residential dwelling.� "Multifamily
residential dwelling" means a residential dwelling containing five or more
units intended for use as a residence by tenants or lessees of the owner.
Sec. 24.� Minnesota Statutes 2016, section 216H.03, subdivision 3, is amended to read:
Subd. 3.� Long-term
increased emissions from power plants prohibited.� Unless preempted by federal law, until a
comprehensive and enforceable state law or rule pertaining to greenhouse gases
that directly limits and substantially reduces, over time, statewide power
sector carbon dioxide emissions is enacted and in effect, and except as allowed
in subdivisions 4 to 7, on and after August 1, 2009, no person shall:
(1) construct within the state a new
large energy facility that would contribute to statewide power sector carbon
dioxide emissions;.
(2) import or commit to import from
outside the state power from a new large energy facility that would contribute
to statewide power sector carbon dioxide emissions; or
(3) enter into a new long-term power
purchase agreement that would increase statewide power sector carbon dioxide
emissions.� For purposes of this section,
a long-term power purchase agreement means an agreement to purchase 50 megawatts
of capacity or more for a term exceeding five years.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 25.� Minnesota Statutes 2016, section 216H.03, subdivision 4, is amended to read:
Subd. 4.� Exception
for facilities that offset emissions.� (a)
The prohibitions in prohibition under subdivision 3 do does
not apply if the project proponent demonstrates to the Public Utilities
Commission's satisfaction that it will offset the new contribution to statewide
power sector carbon dioxide emissions with a carbon dioxide reduction project
identified in paragraph (b) and in compliance with paragraph (c).
(b) A project proponent may offset in an amount equal to or greater than the proposed new contribution to statewide power sector carbon dioxide emissions in either, or a combination of both, of the following ways:
(1) by reducing an existing facility's contribution to statewide power sector carbon dioxide emissions; or
(2) by purchasing carbon dioxide allowances from a state or group of states that has a carbon dioxide cap and trade system in place that produces verifiable emissions reductions.
(c) The Public Utilities Commission shall not find that a proposed carbon dioxide reduction project identified in paragraph (b) acceptably offsets a new contribution to statewide power sector carbon dioxide emissions unless the proposed offsets are permanent, quantifiable, verifiable, enforceable, and would not have otherwise occurred.� This section does not exempt emissions that have been offset under this subdivision and emissions exempted under subdivisions 5 to 7 from a cap and trade system if adopted by the state.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 26.� Minnesota Statutes 2016, section 216H.03, subdivision 7, is amended to read:
Subd. 7.� Other
exemptions.� The prohibitions in
prohibition under subdivision 3 do does not apply to:
(1) a new large energy facility under consideration by the Public Utilities Commission pursuant to proposals or applications filed with the Public Utilities Commission before April 1, 2007, or to any power purchase agreement related to a facility described in this clause.� The exclusion of pending proposals and applications from the prohibitions in subdivision 3 does not limit the applicability of any other law and is not an expression of legislative intent regarding whether any pending proposal or application should be approved or denied;
(2) a contract not subject to commission approval that was entered into prior to April 1, 2007, to purchase power from a new large energy facility that was approved by a comparable authority in another state prior to that date, for which municipal or public power district bonds have been issued, and on which construction has begun;
(3) a new large energy facility or a
power purchase agreement between a Minnesota utility and a new large energy
facility located outside within Minnesota that the Public
Utilities Commission has determined is essential to ensure the long-term
reliability of Minnesota's electric system, to allow electric service for
increased industrial demand, or to avoid placing a substantial financial burden
on Minnesota ratepayers.� An order of the
commission granting an exemption under this clause is stayed until the June 1
following the next regular or annual session of the legislature that begins
after the date of the commission's final order; or
(4) a new large energy facility with a combined electric generating capacity of less than 100 megawatts, which did not require a Minnesota certificate of need, which received an air pollution control permit to construct from an adjoining state before January 1, 2008, and on which construction began before July 1, 2008, or to any power purchase agreement related to a facility described in this clause.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 27.� RESIDENTIAL
PACE CONSUMER PROTECTION LEGISLATION TASK FORCE.
Subdivision 1.� Establishment.� The Residential PACE Consumer
Protection Legislation Task Force shall develop recommendations for consumer
protection legislation for any energy improvements financing program
implemented under Minnesota Statutes, sections 216C.435 to 216C.436, for
single-family residential dwellings.� For
purposes of this section, "residential PACE" or "PACE"
means energy improvement financing programs for single‑family residential
dwellings authorized under Minnesota Statutes, sections 216C.435 to 216C.436.
Subd. 2.� Task
force.� (a) The task force
consists of 16 members as follows:
(1) one member appointed by the
Minnesota Association of Realtors;
(2) one member appointed by the Center
for Energy and Environment;
(3) one member appointed by the
Minnesota Bankers Association;
(4) one member appointed by the Legal
Services Advocacy Project;
(5) one member appointed by the
Minnesota Credit Union Network;
(6) one member appointed by the
Minnesota Solar Energy Industry Association;
(7) one member appointed by the St. Paul
Port Authority;
(8) one member appointed by the League
of Minnesota Cities;
(9) one member appointed by the
Association of Minnesota Counties;
(10) one member appointed by AARP Minnesota;
(11) one member appointed by Fresh
Energy;
(12) one member appointed by the
Citizens Utility Board of Minnesota;
(13) one member appointed by Clean
Energy Economy Minnesota;
(14) one member appointed by the
Minnesota Land Title Association;
(15) one member appointed by an
organization with experience implementing residential PACE programs in other
states; and
(16) the commissioner of commerce or a
designee.
(b) Any public member can designate a
substitute from the same organization to replace that member at a meeting of
the task force.
Subd. 3.� Duties.� The task force must develop
recommendations to:
(1) address concerns regarding the
possible constraints on free alienation of residential property caused by
existence and amount of the PACE liens;
(2)
reduce and minimize any point-of-sale confusion in transactions involving
PACE-encumbered homes;
(3) ensure conspicuous and meaningful
disclosure of, among other things:
(i) all costs and fees of a residential
PACE loan; and
(ii) the risks, such as foreclosure and
higher costs, that may be associated with residential PACE loans relative to
other financing mechanisms;
(4) ensure that the ability to repay
standard uses commonly accepted underwriting principles;
(5) ensure that consumer provisions
required of and protections that apply to conventional loans and other
financing options, including but not limited to the Truth in Lending Act and
the Real Estate Settlement Procedures Act, are required of and apply to PACE
financing;
(6) address any unique protections
necessary for elderly, low-income homeowners and other financially vulnerable
homeowners;
(7) establish criteria to ensure the
cost-effectiveness of PACE-enabled clean energy improvements; and
(8) address any other issues the task
force identifies that are necessary to protect consumers.
Subd. 4.� Administrative
support.� The commissioner of
commerce shall provide administrative support and meeting space for the task
force.
Subd. 5.� Compensation.� Members serve without compensation and
shall not be reimbursed for expenses.
Subd. 6.� Chair.� The commissioner of commerce or the
commissioner's designee shall serve as chair.
Subd. 7.� Meetings.� The task force shall meet regularly,
at the call of the chair.� Meetings of
the task force are subject to Minnesota Statutes, chapter 13D.
Subd. 8.� Appointments;
first meeting.� Appointments
must be made by June 1, 2017.� The
commissioner of commerce must convene the first meeting by July 15, 2017.
Subd. 9.� Report
to legislature.� By January 15,
2018, the commissioner shall submit a report detailing the task force's
findings and recommendations to the chairs and ranking minority members of the
senate and house of representatives committees with jurisdiction over energy
and consumer protection policy and finance.�
The report must include any draft legislation necessary to implement the
recommendations of the task force.
Subd. 10.� Suspension
of residential PACE.� Until
legislation is enacted establishing consumer protections that address, but are
not limited to, the concerns identified in subdivision 3, no programs for the
financing of energy improvements on a single-family residential property
dwelling under Minnesota Statutes, sections 216C.435 to 216C.436, may be
operated after the effective date of this section.
Subd. 11.� Expiration.� The task force expires January 15,
2018, or after submitting the report required in this section, whichever is
earlier.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 28.� PROGRAM
ADMINISTRATION; "MADE IN MINNESOTA" SOLAR THERMAL REBATES.
(a) No rebate may be paid under
Minnesota Statutes 2016, section 216C.416, to an owner of a solar thermal
system whose application was approved by the commissioner of commerce after the
effective date of this act.
(b) Unspent money remaining in the
account established under Minnesota Statutes 2014, section 216C.416, as of July
2, 2017, must be transferred to the C-LEAF account established under Minnesota
Statutes 2016, section 116C.779, subdivision 1.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 29.� RENEWABLE
DEVELOPMENT ACCOUNT; TRANSFER OF UNEXPENDED GRANT FUNDS.
(a) No later than 30 days after the
effective date of this section, the utility subject to Minnesota Statutes,
section 116C.779, subdivision 1, must notify in writing each person who
received a grant funded from the renewable development account previously
established under that subdivision:
(1) after January 1, 2012; and
(2) before January 1, 2012, if the
funded project remains incomplete as of the effective date of this section.
The notice must contain the provisions of this section and
instructions directing grant recipients how unexpended funds can be transferred
to the clean energy advancement fund account.
(b) A recipient of a grant from the
renewable development account previously established under Minnesota Statutes,
section 116C.779, subdivision 1, must, no later than 30 days after receiving
the notice required under paragraph (a), transfer any grant funds that remain
unexpended as of the effective date of this section to the clean energy
advancement fund account if, by that effective date, all of the following
conditions are met:
(1) the grant was awarded more than
five years before the effective date of this section;
(2) the grant recipient has failed to
obtain control of the site on which the project is to be constructed;
(3) the grant recipient has failed to
secure all necessary permits or approvals from any unit of government with
respect to the project; and
(4) construction of the project has not
begun.
(c) A recipient of a grant from the
renewable development account previously established under Minnesota Statutes,
section 116C.779, subdivision 1, must transfer any grant funds that remain
unexpended five years after the grant funds are received by the grant recipient
if, by that date, the conditions in paragraph (b), clauses (2) to (4), have
been met.� The grant recipient must
transfer the unexpended funds no later than 30 days after the fifth anniversary
of the receipt of the grant funds.
(d) A person who transfers funds to the
clean energy advancement fund account under this section is eligible to apply
for funding from the clean energy advancement fund account.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 30.� REPEALER.
(a) Laws 2013, chapter 85, article 6,
section 11, is repealed.
(b) Minnesota Statutes 2016, sections
216B.8109; 216B.811; 216B.812; 216B.813; and 216B.815, are repealed.
(c) Minnesota Statutes 2016, sections
3.8852; and 116C.779, subdivision 3, are repealed.
(d) Minnesota Statutes 2016, sections
174.187; 216C.411; 216C.412; 216C.413; 216C.414; 216C.415; and 216C.416, are
repealed.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
ARTICLE 11
HOUSING POLICY
Section 1.� Minnesota Statutes 2016, section 327C.01, is amended by adding a subdivision to read:
Subd. 13.� Class
I manufactured home park.� A
"class I manufactured home park" means a park that complies with the
provisions of section 327C.16.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 2.� [327C.16]
CLASS I MANUFACTURED HOME PARK.
Subdivision 1.� Qualifications.� (a) To qualify as a class I
manufactured home park, as defined in section 327C.01, subdivision 13, a park
owner, or on-site attendant as an employee of the manufactured home park, must
satisfy 12 hours of qualifying education courses every three years, as
prescribed in this subdivision.� Park
owners or on-site attendants may begin accumulating qualifying hours to qualify
as a class I manufactured home park beginning in 2017.
(b) The qualifying education courses
required for classification under this subdivision must be continuing education
courses approved by the Department of Labor and Industry or the Department of
Commerce for:
(1) continuing education in real
estate; or
(2) continuing education for
residential contractors and manufactured home installers.
(c) The qualifying education courses
must include:
(1) two hours on fair housing, approved
for real estate licensure or residential contractor licensure;
(2) one hour on the Americans with
Disabilities Act, approved for real estate licensure or residential contractor
licensure;
(3) four hours on legal compliance
related to any of the following:� landlord/tenant,
licensing requirements, or home financing under chapters 58, 327, 327B, 327C,
and 504B, and Minnesota Rules, chapter 1350 or 4630;
(4) three hours of general education
approved for real estate, residential contractors, or manufactured home
installers; and
(5)
two hours of HUD-specific manufactured home installer courses as required under
section 327B.041.
(d) If the qualifying owner or employee
attendant is no longer the person meeting the requirements under this
subdivision, but did qualify during the current assessment year, then the
manufactured home park shall still qualify for
the class rate provided for class 4c property classified under section 273.13,
subdivision 25, paragraph (d), clause (5), item (iii).
Subd. 2.� Proof
of compliance.� (a) A park
owner that has met the requirements of subdivision 1 shall provide an affidavit
to the park owner's county assessor certifying that the park owner, corporate
officer, or on-site attendant has complied with subdivision 1 and that the park
meets the definition of a class I manufactured home park as defined in this
section, and is entitled to the property tax classification rate for class I
manufactured home parks in section 273.13, subdivision 25.� The park owner shall retain the original
course completion certificates issued by the course sponsor under this section
for three years and, upon written request for verification, provide these to
the county assessor within 30 days.
(b) A park owner must provide the
county assessor written notice of any change in compliance status of the
manufactured home park no later than December 15 of the assessment year.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 3.� Minnesota Statutes 2016, section 462.355, subdivision 4, is amended to read:
Subd. 4.� Interim ordinance.� (a) If a municipality is conducting studies or has authorized a study to be conducted or has held or has scheduled a hearing for the purpose of considering adoption or amendment of a comprehensive plan or official controls as defined in section 462.352, subdivision 15, or if new territory for which plans or controls have not been adopted is annexed to a municipality, the governing body of the municipality may adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety and welfare of its citizens.� The interim ordinance may regulate, restrict, or prohibit any use, development, or subdivision within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective.
(b) If a proposed interim ordinance purports to regulate, restrict, or prohibit activities relating to livestock production, a public hearing must be held following a ten-day notice given by publication in a newspaper of general circulation in the municipality before the interim ordinance takes effect.
(c)(1) A statutory or home rule charter
city may adopt an interim ordinance that regulates, restricts, or prohibits a
housing proposal only if the ordinance is approved by majority vote of all
members of the city council.
(2) Before adopting the interim
ordinance, the city council must hold a public hearing after providing written
notice to any person who has submitted a housing proposal, has a pending
housing proposal, or has provided a written request to be notified of interim
ordinances related to housing proposals.�
The written notice must be provided at least three business days before
the public hearing.� Notice also must be
posted on the city's official Web site, if the city has an official Web site.
(3) The date of the public hearing shall
be the earlier of the next regularly scheduled city council meeting after the
notice period or within ten days of the notice.
(4) The activities proposed to be
restricted by the proposed interim ordinance may not be undertaken before the
public hearing.
(5)
For the purposes of this paragraph, "housing proposal" means a
written request for city approval of a project intended primarily to provide
residential dwellings, either single family or multi-family, and involves the
subdivision or development of land or the demolition, construction,
reconstruction, alteration, repair, or occupancy of residential dwellings.
(c) (d) The period of an
interim ordinance applicable to an area that is affected by a city's master
plan for a municipal airport may be extended for such additional periods as the
municipality may deem appropriate, not exceeding a total additional period of
18 months.� In all other cases, no
interim ordinance may halt, delay, or impede a subdivision that has been given
preliminary approval, nor may any interim ordinance extend the time deadline
for agency action set forth in section 15.99 with respect to any application
filed prior to the effective date of the interim ordinance.� The governing body of the municipality may
extend the interim ordinance after a public hearing and written findings have
been adopted based upon one or more of the conditions in clause (1), (2), or
(3).� The public hearing must be held at
least 15 days but not more than 30 days before the expiration of the interim ordinance,
and notice of the hearing must be published at least ten days before the
hearing.� The interim ordinance may be
extended for the following conditions and durations, but, except as provided in
clause (3), an interim ordinance may not be extended more than an additional 18
months:
(1) up to an additional 120 days following the receipt of the final approval or review by a federal, state, or metropolitan agency when the approval is required by law and the review or approval has not been completed and received by the municipality at least 30 days before the expiration of the interim ordinance;
(2) up to an additional 120 days following the completion of any other process required by a state statute, federal law, or court order, when the process is not completed at least 30 days before the expiration of the interim ordinance; or
(3) up to an additional one year if the municipality has not adopted a comprehensive plan under this section at the time the interim ordinance is enacted.
EFFECTIVE
DATE.� This section is
effective for interim ordinances proposed on or after August 1, 2017.
Sec. 4.� Minnesota Statutes 2016, section 462A.201, subdivision 2, is amended to read:
Subd. 2.� Low-income housing.� (a) The agency may use money from the housing trust fund account to provide loans or grants for:
(1) projects for the development, construction, acquisition, preservation, and rehabilitation of low-income rental and limited equity cooperative housing units, including temporary and transitional housing;
(2) the costs of operating rental housing,
as determined by the agency, that are unique to the operation of low‑income
rental housing or supportive housing; and
(3) rental assistance, either
project-based or tenant-based; and
(4) projects to secure stable housing for families with children eligible for enrollment in a prekindergarten through grade 12 academic program.
For purposes of this section, "transitional housing" has the meaning given by the United States Department of Housing and Urban Development.� Loans or grants for residential housing for migrant farmworkers may be made under this section.
(b) The housing trust fund account must be used for the benefit of persons and families whose income, at the time of initial occupancy, does not exceed 60 percent of median income as determined by the United States Department of Housing and Urban Development for the metropolitan area.� At least 75 percent of the funds in the housing trust fund account must be used for the benefit of persons and families whose income, at the time of initial occupancy, does not exceed 30 percent of the median family income for the metropolitan area as defined in section 473.121, subdivision 2.� For purposes of this section, a household with a housing assistance voucher under Section 8 of the United States Housing Act of 1937, as amended, is deemed to meet the income requirements of this section.
The median family income may be adjusted for families of five or more.
(c) Rental assistance under this section must be provided by governmental units which administer housing assistance supplements or by for-profit or nonprofit organizations experienced in housing management.� Rental assistance shall be limited to households whose income at the time of initial receipt of rental assistance does not exceed 60 percent of median income, as determined by the United States Department of Housing and Urban Development for the metropolitan area.� Priority among comparable applications for tenant-based rental assistance will be given to proposals that will serve households whose income at the time of initial application for rental assistance does not exceed 30 percent of median income, as determined by the United States Department of Housing and Urban Development for the metropolitan area.� Rental assistance must be terminated when it is determined that 30 percent of a household's monthly income for four consecutive months equals or exceeds the market rent for the unit in which the household resides plus utilities for which the tenant is responsible.� Rental assistance may only be used for rental housing units that meet the housing maintenance code of the local unit of government in which the unit is located, if such a code has been adopted, or the housing quality standards adopted by the United States Department of Housing and Urban Development, if no local housing maintenance code has been adopted.
(d) In making the loans or grants, the agency shall determine the terms and conditions of repayment and the appropriate security, if any, should repayment be required.� To promote the geographic distribution of grants and loans, the agency may designate a portion of the grant or loan awards to be set aside for projects located in specified congressional districts or other geographical regions specified by the agency.� The agency may adopt rules for awarding grants and loans under this subdivision.
Sec. 5.� Minnesota Statutes 2016, section 462A.2035, is amended to read:
462A.2035
MANUFACTURED HOME PARK REDEVELOPMENT PROGRAM.
Subdivision 1.� Establishment.� The agency shall establish a manufactured
home park redevelopment program for the purpose of making manufactured home
park redevelopment grants or loans to cities, counties, or community
action programs, nonprofit organizations, and cooperatives created under
chapter 308A or 308B.
Subd. 1a.� Individual
assistance grants.� Cities,
counties, and community action programs Eligible recipients may use individual
assistance grants and loans under this program to:
(1) provide current residents of
manufactured home parks with buy-out assistance not to exceed $4,000 per home
with preference given to older manufactured homes; and
(2)
provide down-payment assistance for the purchase of new and preowned
manufactured homes that comply with the current version of the State Building
Code in effect at the time of the sale, not to exceed $10,000 per home; and.
(3) make improvements in manufactured
home parks as requested by the grant recipient.
Subd. 1b.
� Park infrastructure grants.� Eligible recipients may use park infrastructure grants under this program for:(1) improvements in manufactured home
parks; and
(2) infrastructure, including storm
shelters and community facilities.
Subd. 2.� Eligibility
requirements.� For individual
assistance grants under subdivision 1a, households assisted under this
section must have an annual household income at or below 80 percent of the
area median household income.� Cities,
counties, or community action programs receiving funds under the program must
give preference to households at or below 50 percent of the area median
household income.� Participation in the
program is voluntary and no park resident shall be required to participate.
Subd. 3.� Statewide
program.� The agency shall
attempt to make grants and loans in approximately equal amounts to applicants
outside and within the metropolitan area.�
Grants and loans under this section shall be provided in a manner
consistent with the agency's policies and purposes in section 462A.02.
Subd. 4.� Infrastructure
repair and replacement fund.� Each
recipient receiving a grant under subdivision 1b shall provide from year to
year, on a cumulative basis, for adequate reserve funds to cover the repair and
replacement of the private infrastructure systems serving the community.
Sec. 6.� Minnesota Statutes 2016, section 462A.204, subdivision 8, is amended to read:
Subd. 8.� School
stability.� (a) The agency in
consultation with the Interagency Task Force Council on
Homelessness may establish a school stability project under the family homeless
prevention and assistance program.� The
purpose of the project is to secure stable housing for families with school-age
children who have moved frequently and for unaccompanied youth.� For purposes of this subdivision,
"unaccompanied youth" are minors who are leaving foster care or
juvenile correctional facilities, or minors who meet the definition of a child
in need of services or protection under section 260C.007, subdivision 6, but
for whom no court finding has been made pursuant to that statute.
(b) The agency shall make grants to family homeless prevention and assistance projects in communities with a school or schools that have a significant degree of student mobility.
(c) Each project must be designed to reduce school absenteeism; stabilize children in one home setting or, at a minimum, in one school setting; and reduce shelter usage.� Each project must include plans for the following:
(1) targeting of families with children under
age 12 who, in the last 12 months have either:�
changed schools or homes at least once or been absent from school at
least 15 percent of the school year and who have either been evicted from their
housing; who are eligible for a prekindergarten through grade 12
academic program and are living in overcrowded conditions in their current
housing; oder are paying more than 50 percent of their income for rent; or
who lack a fixed, regular, and adequate nighttime residence;
(2) targeting of unaccompanied youth in need of an alternative residential setting;
(3) connecting families with the social services necessary to maintain the families' stability in their home, including but not limited to housing navigation, legal representation, and family outreach; and
(4) one or more of the following:
(i) provision of rental assistance for a specified period of time, which may exceed 24 months; or
(ii)
development of permanent supportive housing or transitional housing provision
of support and case management services to improve housing stability, including
but not limited to housing navigation and family outreach.
(d) Notwithstanding subdivision 2,
grants under this section may be used to acquire, rehabilitate, or construct
transitional or permanent housing In selecting projects for funding
under this subdivision, preference shall be given to organizations granted
funding under section 462A.201, subdivision 2, paragraph (a), clause (4).
(e) Each grantee under the project must
include representatives of the local school district or targeted schools, or
both, and of the local community correction agencies on its advisory committee
No grantee under this subdivision is required to have an advisory committee
as described in subdivision 6.
Sec. 7.� [462A.39]
WORKFORCE HOUSING DEVELOPMENT PROGRAM.
Subdivision 1.� Establishment.� The commissioner of Minnesota housing
finance shall establish a workforce housing development program to award grants
or deferred loans to eligible project areas to be used for qualified
expenditures.� Grants or deferred loans
authorized under this section may be made without limitations relating to the
maximum incomes of the renters.
Subd. 2.� Definitions.� (a) For purposes of this section, the
following terms have the meanings given.
(b) "Eligible project area"
means a home rule charter or statutory city located outside of the metropolitan
area as defined in section 473.121, subdivision 2, with a population exceeding
500; a community that has a combined population of 1,500 residents located
within 15 miles of a home rule charter or statutory city located outside the
metropolitan area as defined in section 473.121, subdivision 2; or an area
served by a joint county-city economic development authority.
(c) "Joint county-city economic
development authority" means an economic development authority formed
under Laws 1988, chapter 516, section 1, as a joint partnership between a city
and county and excluding those established by the county only.
(d) "Market rate residential
rental properties" means properties that are rented at market value,
including new modular homes, new manufactured homes, and new manufactured homes
on leased land or in a manufactured home park, and may include rental
developments that have a portion of income-restricted units.
(e) "Qualified expenditure"
means expenditures for market rate residential rental properties including
acquisition of property; construction of improvements; and provisions of loans
or subsidies, grants, interest rate subsidies, public infrastructure, and
related financing costs.
Subd. 3.� Application.� The commissioner shall develop forms
and procedures for soliciting and reviewing application for grants or deferred
loans under this section.� At a minimum,
a city must include in its application a resolution of its governing body
certifying that the matching amount as required under this section is available
and committed.
Subd. 4.� Program
requirements.� (a) The
commissioner must not award a grant or deferred loans to an eligible project
area under this section until the following determinations are made:
(1) the average vacancy rate for rental
housing located in the eligible project area, and in any other city located
within 15 miles or less of the boundaries of the area, has been five percent or
less for at least the prior two-year period;
(2)
one or more businesses located in the eligible project area, or within 25 miles
of the area, that employs a minimum of 20 full-time equivalent employees in
aggregate have provided a written statement to the eligible project area
indicating that the lack of available rental housing has impeded their ability
to recruit and hire employees; and
(3) the eligible project area has
certified that the grants or deferred loans will be used for qualified
expenditures for the development of rental housing to serve employees of businesses
located in the eligible project area or surrounding area.
(b) Preference for grants or deferred
loans awarded under this section shall be given to eligible project areas with
less than 30,000 people.
(c) Among comparable proposals,
preference must be given to projects with a higher proportion of units that are
not income-restricted.
Subd. 5.� Allocation.� The amount of a grant or deferred
loans may not exceed 25 percent of the rental housing development project cost.� The commissioner shall not award a grant or
deferred loans to a city without certification by the city that the amount of
the grant or deferred loans shall be matched by a local unit of government,
business, or nonprofit organization with $1 for every $2 provided in grant or deferred
loans funds.
Subd. 6.� Report.� Beginning January 15, 2018, the
commissioner must annually submit a report to the chairs and ranking minority
members of the senate and house of representatives committees having
jurisdiction over taxes and workforce development specifying the projects that
received grants or deferred loans under this section and the specific purposes
for which the grant funds were used.
Sec. 8.� [462C.16]
HOUSING TRUST FUNDS FOR LOCAL HOUSING DEVELOPMENT.
Subdivision
1.� Definitions.� (a) For the purposes of this section,
the following terms have the meanings given to them.
(b) "Commissioner" means the
commissioner of the Minnesota Housing Finance Agency.
(c) "Fund" means a local
housing trust fund or a regional housing trust fund.
(d) "Local government" means
any statutory or home rule charter city or a county.
(e) "Local housing trust
fund" means a fund established by a local government with one or more
dedicated sources of public revenue for housing.
(f) "Regional housing trust
fund" means a fund established and administered under a joint powers
agreement entered into by two or more local governments with one or more
dedicated sources of public revenue for housing.
Subd. 2.� Creation
and administration.� (a) A
local government may establish a local housing trust fund by ordinance or
participate in a joint powers agreement to establish a regional housing trust
fund.
(b) A local or regional housing trust
fund may be, but is not required to be, administered through a nonprofit organization.� If administered through a nonprofit
organization, that organization shall encourage private charitable donations to
the fund.
Subd. 3.� Authorized
expenditures.� Money in a
local or regional housing trust fund may be used only to:
(1) pay for administrative expenses,
but not more than ten percent of the balance of the fund may be spent on
administration;
(2)
make grants, loans, and loan guarantees for the development, rehabilitation, or
financing of housing;
(3) match other funds from federal,
state, or private resources for housing projects; or
(4) provide down payment assistance,
rental assistance, and homebuyer counseling services.
Subd. 4.� Funding.� (a) A local government may finance its
local or regional housing trust fund with any money available to the local
government, unless expressly prohibited by state law.� Sources of these funds include, but are not
limited to:
(1) donations;
(2) bond proceeds;
(3) grants and loans from a state,
federal, or private source;
(4) appropriations by a local
government to the fund;
(5) investment earnings of the fund;
and
(6) housing and redevelopment authority
levies.
(b) The local government may alter a
source of funding for the local or regional housing trust fund, but only if,
once altered, sufficient funds will exist to cover the projected debts or
expenditures authorized by the fund in its budget.
Subd. 5.� Reports.� A local or regional housing trust fund
established under this section must report annually to the local government that
created the fund.� The local government
or governments must post this report on its public Web site.
Subd. 6.� Effect
of legislation on existing local or regional housing trust funds.� A local or regional housing trust fund
existing on the effective date of this section is not required to alter the
existing terms of its governing documents or take any additional authorizing
actions required by subdivision 2.
Sec. 9.� MINNESOTA
HOUSING FINANCE AGENCY REPORT.
By September 30, 2017, and September
30, 2018, the Housing Finance Agency shall provide to the chairs and ranking
minority members of the house of representatives and senate committees with
jurisdiction over the agency a draft and final version of its affordable
housing plan before and after it has been submitted to the agency board for
consideration.� The affordable housing
plan must include information on the availability of funds within the Housing
Affordability Fund, or Pool 3, the anticipated uses of those funds, and the
prior year's actual uses of those funds.
ARTICLE 12
MISCELLANEOUS POLICY
Section 1.� Laws 2014, chapter 211, section 13, as amended by Laws 2015, First Special Session chapter 1, article 7, section 1, and Laws 2016, chapter 189, article 7, section 42, is amended to read:
Sec. 13.� EFFECTIVE
DATE.
Sections 1 to 3 and 6 to 11 are effective
July 1, 2017 2020.� Sections
4, 5, and 12 are effective July 1, 2014.
EFFECTIVE DATE.
� This section is effective the day following final enactment.� Until July 1, 2020, any employee, employer, employee or employer organization, exclusive representative, or any other person or organization aggrieved by an unfair labor practice as defined in Minnesota Statutes, section 179A.13, may bring an action for injunctive relief and for damages caused by the unfair labor practice in the district court of the county in which the practice is alleged to have occurred.Sec. 2.� AGENCY ACTIVITY AND EXPENDITURE REPORTS.
(a) The commissioners of employment and economic
development, housing finance, labor and industry, and commerce, as well as the
Public Utilities Commission, must each submit a report, as described in
paragraph (b), to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over
their budget appropriations by October 15, 2018.
(b) The reports must include:
(1) the number of employees in each operational division
and descriptions of the work of each employee;
(2) a description of the responsibilities that fall
under each operational division;
(3) a detailed list of the source of all revenue,
including any fees, taxes, or other revenues collected, as well as details of
base budgets, including all prior appropriation riders;
(4) how much of each budgetary division appropriation
passes through as grants, as well as the costs related to each grant program;
(5) a detailed description of the costs related to each
budgetary division, as well as the statutory authority under which those costs
are allocated; and
(6) the statutory authority for all expenditures."
Delete the title and insert:
"A bill for an act relating to state government; appropriating money for jobs and economic development; appropriating money for the Department of Employment and Economic Development, Housing Finance Agency, Department of Labor and Industry, Bureau of Mediation Services, Public Employment Relations Board, Workers' Compensation Court of Appeals, Department of Commerce, Public Utilities Commission, and Public Facilities Authority; making policy and housekeeping changes to labor and industry provisions; making policy changes to employment, economic development, and workforce development provisions; making policy changes to the Department of Iron Range Resources and Rehabilitation; making changes related to workers' compensation; making changes to commerce, energy, and telecommunications policy; making other housing and miscellaneous policy changes; modifying fees; requiring reports; authorizing rulemaking; amending Minnesota Statutes 2016, sections 3.732, subdivision 1; 3.736, subdivision 3; 3.8851, subdivision 1; 15.01; 15.38, subdivision 7; 15A.0815, subdivision 3; 16B.323; 43A.02, subdivision 22; 45.0135, subdivision 6; 46.131, subdivision 7, by adding a subdivision; 65B.84, subdivision 1; 80A.61; 80A.65, subdivision 2; 85.0146, subdivision 1; 116C.779, subdivision 1; 116C.7792; 116D.04, subdivision 1a; 116J.423, subdivision 2; 116J.424; 116J.8731, subdivision 2, by adding a subdivision; 116J.8748, subdivisions 1, 3, 4, 6; 116J.994, subdivisions 3, 5, 7; 116L.17, subdivision 1; 116L.665; 116M.14, subdivision 4; 116M.17, subdivision 4; 116M.18, subdivisions 1a, 4, 4a, 8; 175.45; 176.135, by adding a subdivision; 176.1362, subdivisions 1, 2; 176.275, subdivision 1; 176.285; 176.361, subdivisions 2, 3; 176.521, by adding a subdivision; 176.541, subdivisions 1, 8, by adding a subdivision; 176.611, subdivision 2; 216B.161, subdivision 1; 216B.164, subdivisions 2, 5, 9, by adding a subdivision; 216B.1691, subdivision 2f; 216B.1694, subdivisions 1, 3; 216B.241, subdivisions 1b, 1c, 1d, 2, 5, 5d, 7; 216B.2422, subdivisions 2, 4; 216B.2424, by
adding a subdivision; 216B.62, subdivision 3b; 216C.05, subdivision 2; 216C.435, by adding a subdivision; 216H.03, subdivisions 3, 4, 7; 237.162, subdivisions 2, 4, 9, by adding subdivisions; 237.163, subdivisions 2, 4, 6, 7, by adding subdivisions; 276A.01, subdivisions 8, 17; 276A.06, subdivision 8; 282.38, subdivisions 1, 3; 297I.11, subdivision 2; 298.001, subdivision 8, by adding a subdivision; 298.018, subdivision 1; 298.17; 298.22, subdivisions 1, 1a, 5a, 6, 10, 11, by adding subdivisions; 298.221; 298.2211, subdivisions 3, 6; 298.2212; 298.223, subdivisions 1, 2; 298.227; 298.27; 298.28, subdivisions 7, 7a, 9c, 9d, 11; 298.292, subdivision 2; 298.296; 298.2961; 298.297; 298.46, subdivisions 2, 5, 6; 325J.06; 326B.092, subdivision 7; 326B.153, subdivision 1; 326B.37, by adding subdivisions; 326B.435, subdivision 2; 326B.50, subdivision 3, by adding subdivisions; 326B.55, subdivisions 2, 4; 326B.89, subdivisions 1, 5; 327C.01, by adding a subdivision; 345.42, by adding a subdivision; 345.49; 462.355, subdivision 4; 462A.201, subdivision 2; 462A.2035; 462A.204, subdivision 8; 466.03, subdivision 6c; 469.310, subdivision 9; 474A.02, subdivision 21; Laws 2010, chapter 389, article 5, section 7; Laws 2014, chapter 211, section 13, as amended; Laws 2014, chapter 312, article 2, section 14, as amended; Laws 2015, First Special Session chapter 1, article 1, sections 2, subdivision 6; 5, subdivision 2; Laws 2016, chapter 189, article 7, section 46; Laws 2017, chapter 68, article 1, section 1; proposing coding for new law in Minnesota Statutes, chapters 72A; 116J; 175; 176; 216C; 239; 326B; 327C; 462A; 462C; 471; repealing Minnesota Statutes 2016, sections 3.8852; 46.131, subdivision 5; 116C.779, subdivision 3; 116J.549; 174.187; 176.541, subdivision 7; 216B.8109; 216B.811; 216B.812; 216B.813; 216B.815; 216C.411; 216C.412; 216C.413; 216C.414; 216C.415; 216C.416; 298.22, subdivision 8; 298.2213; 298.298; 326B.89, subdivision 14; Laws 2013, chapter 85, article 6, section 11; Minnesota Rules, parts 4355.0100; 4355.0200; 4355.0300; 4355.0400; 4355.0500."
����� We request the adoption of this report and
repassage of the bill.
����� Senate
Conferees: �Jeremy R. Miller, Gary H. Dahms, David J. Osmek, Paul Anderson
and Bobby Joe Champion.
����� House Conferees: �Pat
Garofalo, Jim Newberger, Marion O'Neill and Joe Hoppe.
����� Garofalo moved that the report of the
Conference Committee on S. F. No. 1456 be adopted and that the
bill be repassed as amended by the Conference Committee.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Garofalo
motion and the roll was called.� There
were 82 yeas and 42 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Clark
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
McDonald
Metsa
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Poston
Pugh
Quam
Rarick
Runbeck
Sauke
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Marquart
Masin
Maye Quade
Murphy, E.
Nelson
Olson
Pinto
Pryor
Rosenthal
Sandstede
Schultz
Sundin
Wagenius
Ward
Youakim
����� The
motion prevailed.
S. F. No. 1456, A bill for an act relating to economic development; temporarily modifying the restrictions on use of Minnesota investment fund local government loan repayment funds.
����� The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
����� The question was taken on the repassage of
the bill and the roll was called.� There
were 87 yeas and 43 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Layman
Lien
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Marquart
McDonald
Metsa
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Poston
Pugh
Quam
Rarick
Runbeck
Sandstede
Sauke
Schomacker
Scott
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Allen
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Considine
Davnie
Dehn, R.
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, S.
Kunesh-Podein
Lee
Lesch
Liebling
Lillie
Loeffler
Mariani
Masin
Maye Quade
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pinto
Pryor
Rosenthal
Schultz
Thissen
Wagenius
Ward
Youakim
����� The bill was repassed, as amended by
Conference, and its title agreed to.
���������� Fabian moved that the House recess
subject to the call of the Chair.� The
motion prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to
order by Speaker pro tempore Albright.
����� The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 470
A bill for an act relating to public safety; creating the crime of tampering with a public safety motor vehicle; establishing criminal penalties; amending Minnesota Statutes 2016, section 609.595, subdivisions 1, 2, by adding a subdivision.
May 22, 2017
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
The Honorable Michelle L. Fischbach
President of the Senate
We, the undersigned conferees for H. F. No. 470 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No. 470 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
APPROPRIATIONS
Section 1.� APPROPRIATIONS.� |
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 "2018" and
"2019" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2018, or June 30, 2019,
respectively.� "The first year"
is fiscal year 2018.� "The second
year" is fiscal year 2019.� "The
biennium" is fiscal years 2018 and 2019.�
Appropriations for the fiscal year ending June 30, 2017, are effective
the day following final enactment.
|
|
|
APPROPRIATIONS |
||
|
|
|
Available for the Year |
||
|
|
|
Ending June 30 |
||
|
2017 |
2018 |
2019 |
||
Sec. 2.� SUPREME
COURT |
|
|
|
|
Subdivision 1. � Total Appropriation |
|
$51,036,000 |
|
$53,419,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2.� Supreme
Court Operations |
|
37,316,000
|
|
39,699,000
|
(a) Contingent Account
$5,000 each year is for a contingent
account for expenses necessary for the normal operation of the court for which
no other reimbursement is provided.
(b) Judges' Compensation
Judges' compensation is increased by two
and one-half percent each year.
(c) Harassment Restraining Orders
$993,000 the second year is to implement
the changes related to harassment restraining orders required in article 3.� The base for this activity is $993,000 in
fiscal years 2020 and 2021, and $0 in fiscal year 2022 and thereafter.
(d) Information Security and Risk Management
$984,000 each year is for an information
security and risk management program.
Subd. 3.� Civil
Legal Services |
|
13,720,000
|
|
13,720,000
|
Legal
Services to Low-Income Clients in Family Law Matters.� $948,000 each year is to improve the
access of low-income clients to legal representation in family law matters.� This appropriation must be distributed under
Minnesota Statutes, section 480.242, to the qualified legal services program
described in Minnesota Statutes, section 480.242, subdivision 2, paragraph (a).� Any unencumbered balance remaining in the
first year does not cancel and is available in the second year.
Sec. 3.� COURT
OF APPEALS |
|
$12,311,000 |
|
$12,629,000 |
(a) Judges' Compensation
Judges' compensation is increased by two
and one-half percent each year.
(b)
Base AmountThe general fund base is $12,494,000 in
fiscal year 2020 and thereafter.
Sec. 4.� DISTRICT
COURTS |
|
$290,987,000 |
|
$298,968,000 |
(a) Judges' Compensation
Judges' compensation is increased by two
and one-half percent each year.
(b) New Trial Judges
$884,000 the first year and $818,000 the
second year are for two new trial court judge units.
(c) Mandated Services
$1,164,000 each year is for mandated court
services.
(d) Treatment Courts Stability
$1,689,000 each year is for treatment
courts stability.
Sec. 5.� GUARDIAN
AD LITEM BOARD |
|
$16,157,000 |
|
$16,713,000 |
Compliance
Positions.� $400,000 the first
year and $600,000 the second year are for new positions to maintain compliance
with federal and state mandates.
Sec. 6.� TAX
COURT |
|
$1,679,000 |
|
$1,676,000 |
$256,000 each year is for a case
management system.
Sec. 7.� UNIFORM
LAWS COMMISSION |
|
$93,000 |
|
$93,000 |
Sec. 8.� BOARD
ON JUDICIAL STANDARDS |
|
$486,000 |
|
$486,000 |
Major
Disciplinary Actions.� $125,000
each year is for special investigative and hearing costs for major disciplinary
actions undertaken by the board.� This
appropriation does not cancel.� Any
unencumbered and unspent balances remain available for these expenditures until
June 30, 2021.
Sec. 9.� BOARD
OF PUBLIC DEFENSE |
|
$85,949,000 |
|
$88,310,000 |
New
Attorneys
$500,000 the first year and $1,000,000 the
second year are for additional public defenders.
Sec. 10.� SENTENCING
GUIDELINES |
|
$655,000 |
|
$669,000 |
Sec. 11.� PUBLIC
SAFETY |
|
|
|
|
Subdivision 1.� Total
Appropriation |
|
$195,084,000 |
|
$195,381,000 |
Appropriations
by Fund |
||
|
2018
|
2019
|
Allgemein |
101,775,000
|
101,853,000
|
Special Revenue |
13,572,000
|
13,712,000
|
State Government Special Revenue |
103,000
|
103,000
|
Environmental |
73,000
|
73,000
|
Trunk Highway |
2,374,000
|
2,419,000
|
911 Fund |
77,187,000
|
77,221,000
|
The amounts that may be spent for each purpose
are specified in the following subdivisions.
Subd. 2.� Emergency
Management |
|
5,575,000
|
|
4,232,000
|
Appropriations
by Fund |
||
Allgemein |
3,977,000
|
2,634,000
|
Environmental |
73,000
|
73,000
|
Special Revenue Fund |
1,525,000
|
1,525,000
|
(a) Hazmat and Chemical Assessment Teams
$850,000 each year is from the fire safety
account in the special revenue fund.� These
amounts must be used to fund the hazardous materials and chemical assessment
teams.� Of this amount, $100,000 the
first year is for cases for which there is no identified responsible party.
(b) Emergency Response Teams
$675,000 each year is from the fire safety
account in the special revenue fund to maintain four emergency response teams:� one under the jurisdiction of the St. Cloud
Fire Department or a similarly located fire department if necessary; one under
the jurisdiction of the Duluth Fire Department; one under the jurisdiction of
the St. Paul Fire Department; and one under the jurisdiction of the
Moorhead Fire Department.� The
commissioner must allocate the appropriation as follows:� (1) $225,000 each year to the St. Cloud
Fire Department; (2) $225,000 each year to the Duluth Fire Department; (3)
$125,000 each year to the St. Paul Fire Department; and (4) $100,000 each
year to the Moorhead Fire Department.� These
are onetime appropriations.
(c)
Roseau County Disaster Reimbursement$1,250,000 the first year is from the
general fund for distribution to Roseau County for reimbursement of costs to
repair public infrastructure damaged by the 1999 and 2002 floods.
(d) Supplemental Nonprofit Security Grants
$150,000 the first year is from the
general fund for supplemental nonprofit security grants under this paragraph.
Nonprofit organizations whose applications
for funding through the Federal Emergency Management Agency's nonprofit
security grant program have been approved by the Division of Homeland Security
and Emergency Management are eligible for grants under this paragraph.� No additional application shall be required
for grants under this paragraph, and an application for a grant from the
federal program is also an application for funding from the state supplemental
program.
Eligible organizations may receive grants
of up to $75,000, except that the total received by any individual from both
the federal nonprofit security grant program and the state supplemental
nonprofit security grant program shall not exceed $75,000.� Grants shall be awarded in an order
consistent with the ranking given to applicants for the federal nonprofit
security grant program.� No grants under
the state supplemental nonprofit security grant program shall be awarded until
the announcement of the recipients and the amount of the grants awarded under
the federal nonprofit security grant program.
The commissioner may use up to one percent
of the appropriation received under this paragraph to pay costs incurred by the
department in administering the supplemental nonprofit security grant program.
(e) Bomb Squad Reimbursements
$50,000 each year is from the general fund
for reimbursements to local governments for bomb squad services.
Subd. 3.� Criminal
Apprehension |
|
58,778,000
|
|
59,738,000
|
Appropriations
by Fund |
||
Allgemein |
56,397,000
|
57,312,000
|
State Government Special Revenue |
7,000
|
7,000
|
Trunk Highway |
2,374,000 |
2,419,000 |
(a)
DWI Lab Analysis; Trunk Highway FundNotwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,374,000 the first year and $2,419,000 the second year
are from the trunk highway fund for laboratory analysis related to driving‑while-impaired
cases.
(b) Predatory Registration System |
|
|
|
|
$2,100,000 the first year and $2,000,000
the second year are to be used to build the predatory registration system.� This appropriation is available until June
30, 2020.� The base for fiscal year 2020
and thereafter is $400,000 to maintain the system.
(c) BCA Investment Initiative |
|
|
|
|
$1,331,000 the first year and $1,332,000
the second year are:
(1) for additional firearms examiners;
(2) for additional staff in the drug
chemistry lab;
(3) for criminal investigators; and
(4) for maintenance of the criminal history
system.
(d) Harassment Restraining Orders |
|
|
|
|
$169,000 the second year is for the Bureau
of Criminal Apprehension to implement the changes related to harassment
restraining orders required in article 3.�
The base for this activity is $47,000 in fiscal year 2020 and
thereafter.
Subd. 4.� Fire
Marshal |
|
6,274,000
|
|
6,408,000
|
Appropriations
by Fund |
||
Special Revenue |
6,274,000
|
6,408,000
|
The special revenue fund appropriation is
from the fire safety account in the special revenue fund and is for activities
under Minnesota Statutes, section 299F.012.
Inspections
$300,000 each year is for inspection of
nursing homes and boarding care facilities.
Subd. 5.� Firefighter
Training and Education Board |
|
5,015,000
|
|
5,015,000
|
Appropriations
by Fund |
||
Special Revenue |
5,015,000 |
5,015,000 |
The
special revenue fund appropriation is from the fire safety account in the
special revenue fund and is for activities under Minnesota Statutes, section
299F.012.
(a) Firefighter Training and Education |
|
|
|
|
$4,265,000 each year is for firefighter
training and education.
(b) Task Force 1
$500,000 each year is for the Minnesota
Task Force 1.
(c) Air Rescue
$250,000 each year is for the Minnesota
Air Rescue Team.
(d) Unappropriated Revenue |
|
|
|
|
Any additional unappropriated money
collected in fiscal year 2017 is appropriated to the commissioner of public
safety for the purposes of Minnesota Statutes, section 299F.012.� The commissioner may transfer appropriations
and base amounts between activities in this subdivision.
Subd. 6.� Alcohol
and Gambling Enforcement |
|
2,675,000
|
|
2,731,000
|
Appropriations
by Fund |
||
Allgemein |
1,917,000
|
1,967,000
|
Special Revenue |
758,000
|
764,000
|
$688,000 the first year and $694,000 the
second year are from the alcohol enforcement account in the special revenue
fund.� Of this appropriation, $500,000
each year shall be transferred to the general fund.
$70,000 each year is from the lawful
gambling regulation account in the special revenue fund.
Field Agents |
|
|
|
|
$180,000 each year is from the general
fund for field agents.
Subd. 7.� Office
of Justice Programs |
|
39,580,000
|
|
40,036,000
|
Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used by the commissioner to administer
the grant program.
(b) Combating Terrorism Recruitment |
|
|
|
|
$250,000 each year is for grants to local
law enforcement agencies to develop strategies and make efforts to combat the
recruitment of Minnesota residents by terrorist organizations such as ISIS and
al‑Shabaab.� This is a onetime
appropriation.
(c) Sex Trafficking Prevention Grants |
|
|
|
|
$180,000 each year is for grants to state
and local units of government for the following purposes:
(1) to support new or existing multijurisdictional
entities to investigate sex trafficking crimes; and
(2) to provide technical assistance,
including training and case consultation, to law enforcement agencies
statewide.
(d) Pathway to Policing Reimbursement Grants |
|
|
|
|
$400,000 the second year is for
reimbursement grants to local units of government that operate pathway to
policing programs intended to bring persons with nontraditional backgrounds
into law enforcement.� Applicants for
reimbursement grants may receive up to 50 percent of the cost of compensating
and training pathway to policing participants.�
Reimbursement grants shall be proportionally allocated based on the
number of grant applications approved by the commissioner.
Subd. 8.� Emergency
Communication Networks |
|
77,187,000
|
|
77,221,000
|
This appropriation is from the state
government special revenue fund for 911 emergency telecommunications services.
This appropriation includes funds for
information technology project services and support subject to the provisions
of Minnesota Statutes, section 16E.0466.�
Any ongoing information technology costs will be incorporated into the
service level agreement and will be paid to the Office of MN.IT Services by the
Department of Public Safety under the rates and mechanism specified in that
agreement.
(a) Public Safety Answering Points |
|
|
|
|
$13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section 403.113, subdivision 2.
(b) Medical Resource Communication Centers |
|
|
|
|
$683,000 each year is for grants to the
Minnesota Emergency Medical Services Regulatory Board for the Metro East and
Metro West Medical Resource Communication Centers that were in operation before
January 1, 2000.
(c) ARMER Debt Service |
|
|
|
|
$23,261,000 each year is to the commissioner
of management and budget to pay debt service on revenue bonds issued under
Minnesota Statutes, section 403.275.
Any portion of this appropriation not
needed to pay debt service in a fiscal year may be used by the commissioner of
public safety to pay cash for any of the capital improvements for which bond
proceeds were appropriated by Laws 2005, chapter 136, article 1, section 9,
subdivision 8; or Laws 2007, chapter 54, article 1, section 10, subdivision 8.
(d) ARMER State Backbone Operating Costs
$9,650,000 each year is to the
commissioner of transportation for costs of maintaining and operating the
statewide radio system backbone.
(e) ARMER Improvements
$1,000,000 each year is to the Statewide
Emergency Communications Board for improvements to those elements of the
statewide public safety radio and communication system that support mutual aid
communications and emergency medical services or provide interim enhancement of
public safety communication interoperability in those areas of the state where
the statewide public safety radio and communication system is not yet
implemented, and grants to local units of government to further the strategic
goals set forth by the Statewide Emergency Communications Board strategic plan.
Sec. 12.� PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
|
|
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2.� Excess
Amounts Transferred |
|
|
|
|
The special revenue fund appropriation is
from the peace officer training account.�
Any new receipts credited to that account in the first year in excess of
$4,144,000 must be transferred and credited to the general fund.� Any new receipts credited to that account in
the second year in excess of $4,156,000 must be transferred and credited to the
general fund.
Subd. 3.� Peace
Officer Training Reimbursements |
|
|
|
|
$2,859,000 each year is from the peace
officer training account in the special revenue fund for reimbursements to
local governments for peace officer training costs.
Subd. 4.� Peace
Officer Training Assistance |
|
|
|
|
$6,000,000 each year is from the general
fund to support and strengthen law enforcement training and implement best
practices.� The base for this activity is
$6,000,000 in fiscal years 2020 and 2021, and $0 in fiscal year 2022 and
thereafter.
Subd. 5.� De-escalation
Training |
|
|
|
|
$100,000 each year is from the peace
officer training account in the special revenue fund for training state and
local community safety personnel in the use of crisis de-escalation techniques.� When selecting a service provider for this
training, the board may consult with any postsecondary institution, any state
or local governmental official, or any nongovernmental authority the board
determines to be relevant.� Among any
other criteria the board may establish, the training provider must have a demonstrated
understanding of the transitions and challenges that veterans may experience
during their re-entry into society following combat service.� The board must ensure that training
opportunities provided are reasonably distributed statewide.
Sec. 13.� PRIVATE
DETECTIVE BOARD |
|
$191,000 |
|
$192,000 |
Sec. 14.� CORRECTIONS
|
|
|
|
|
Subdivision
1.� Total
Appropriation |
$9,200,000 |
|
$585,142,000 |
|
$585,143,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2.� Correctional Institutions |
9,200,000
|
|
427,891,000
|
|
426,867,000
|
(a) Offender Health Care |
|
|
|
|
$9,200,000 in fiscal year 2017 is to fund
a deficiency in the base budget for the offender health care contract.
$11,400,000 the first year is for the offender
health care contract.
Prior to entering into a new health care
contract, the commissioner must identify and directly solicit bids from at
least five health care organizations that provide, or are willing to provide,
health care to prison inmates.� In the
department's next report required under Minnesota Statutes, section 241.016,
after entering a new health care contract, the commissioner shall:
(1) provide the names and a summary of
each bid proposal from the health care organizations that submitted a proposal
to provide health care to state inmates; and
(2) explain, in detail, why the
commissioner selected the chosen provider.
The base for increased offender health
care is $5,628,000 in fiscal year 2020 and thereafter.
(b) Federal Prison Rape Elimination Act |
|
|
|
|
$500,000 the first year and $631,000 the
second year are to comply with requirements of the federal Prison Rape
Elimination Act.� The commissioner must
limit the number of juveniles accepted at MCF-Red Wing so that the staffing-to-offender
ratio at the facility complies with the act.
(c) Operational Costs |
|
|
|
|
$2,150,000 each year is to increase the
relevant base budgets for operational costs including offender food, plant
operations, and lease of space.
(d) Critical Technology |
|
|
|
|
$2,969,000 each year is to support
critical technology needs.
Subd. 3. � Community Services |
|
129,498,000
|
|
130,218,000
|
(a) DOC Supervision Services
$696,000 each year is for Department of
Corrections probation and supervised release agents.
(b) Community Corrections Act
$2,100,000 each year is added to the
Community Corrections Act subsidy, as described in Minnesota Statutes, section
401.14.
(c) County Probation Officer Reimbursement
$230,000 each year is added to the county probation
officers reimbursement, as described in Minnesota Statutes, section 244.19,
subdivision 6.
(d) Alternatives to Incarceration Pilot Program Fund |
|
|
|
|
$160,000 each year is to fund grants to
facilitate access to community treatment options under article 3, section 30.
(e) Critical Technology Needs |
|
|
|
|
$345,000 each year is to support critical
technology needs.
Subd. 4.� Operations
Support |
|
27,753,000
|
|
28,058,000
|
Technology
Needs
$1,638,000 each year is to support
technology needs.
Sec. 15.� TRANSFER;
DISASTER ASSISTANCE CONTINGENCY ACCOUNT.
(a) If the fiscal year 2017 final
closing balance in the general fund exceeds the closing balance projected at
the end of the 2017 legislative session by at least $10,000,000, the
commissioner of management and budget must transfer $10,000,000 from the
general fund to the disaster assistance contingency account established under
Minnesota Statutes, section 12.221, subdivision 6.
(b) If the fiscal year 2017 final
closing balance in the general fund exceeds the closing balance projected at
the end of the 2017 legislative session by less than $10,000,000, the
commissioner of management and budget must transfer an amount equal to the
difference between the fiscal year 2017 final closing balance and the closing
balance projected at the end of the 2017 legislative session from the general
fund to the disaster assistance contingency account established under Minnesota
Statutes, section 12.221, subdivision 6.
(c) If a transfer is required under
this section, the transfer must be completed before September 30, 2017.
ARTICLE 2
COURTS
Section 1.� Minnesota Statutes 2016, section 2.722, subdivision 1, is amended to read:
Subdivision 1.� Description.� Effective July 1, 1959, the state is divided into ten judicial districts composed of the following named counties, respectively, in each of which districts judges shall be chosen as hereinafter specified:
1.� Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe and one other shall be maintained at the place designated by the chief judge of the district;
2.� Ramsey; 26 judges;
3.� Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert Lea, Austin, Rochester, and Winona;
4.� Hennepin; 60 judges;
5.� Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
6.� Carlton, St. Louis, Lake, and Cook; 15 judges;
7.� Benton,
Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and
Wadena; 28 29 judges; and permanent chambers shall be maintained
in Moorhead, Fergus Falls, Little Falls, and St. Cloud;
8.� Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers shall be maintained in Morris, Montevideo, and Willmar;
9.� Norman,
Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin,
Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
Koochiching; 23 24 judges; and permanent chambers shall be
maintained in Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids,
and International Falls; and
10.� Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places designated by the chief judge of the district.
Sec. 2.� Minnesota Statutes 2016, section 13.69, subdivision 1, is amended to read:
Subdivision 1.� Classifications.� (a) The following government data of the Department of Public Safety are private data:
(1) medical data on driving instructors, licensed drivers, and applicants for parking certificates and special license plates issued to physically disabled persons;
(2) other data on holders of a disability certificate under section 169.345, except that (i) data that are not medical data may be released to law enforcement agencies, and (ii) data necessary for enforcement of sections 169.345 and 169.346 may be released to parking enforcement employees or parking enforcement agents of statutory or home rule charter cities and towns;
(3) Social Security numbers in driver's license and motor vehicle registration records, except that Social Security numbers must be provided to the Department of Revenue for purposes of tax administration, the Department of Labor and Industry for purposes of workers' compensation administration and enforcement, the judicial branch for purposes of debt collection, and the Department of Natural Resources for purposes of license application administration; and
(4) data on persons listed as standby or temporary custodians under section 171.07, subdivision 11, except that the data must be released to:
(i) law enforcement agencies for the purpose of verifying that an individual is a designated caregiver; or
(ii) law enforcement agencies who state that the license holder is unable to communicate at that time and that the information is necessary for notifying the designated caregiver of the need to care for a child of the license holder.
The department may release the Social Security number only as provided in clause (3) and must not sell or otherwise provide individual Social Security numbers or lists of Social Security numbers for any other purpose.
(b) The following government data of the Department of Public Safety are confidential data:� data concerning an individual's driving ability when that data is received from a member of the individual's family.
Sec. 3.� [134A.17]
TRANSFERS TO COUNTY.
If the Sherburne County Law Library,
through its trustees, has a fiscal reserve that is projected to sustain its
operations for a period of over five years, the Sherburne County Law Library
may transfer up to half of the money in its fiscal reserve, but not to exceed
$200,000, to Sherburne County to defray costs of constructing a new building to
house the law library and courts.
Sec. 4.� Minnesota Statutes 2016, section 243.49, is amended to read:
243.49
COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.
Upon a plea of guilty or finding of guilty
after trial, the court administrator of every court which sentences a defendant
for a felony or gross misdemeanor to the custody of the commissioner of
corrections or to the superintendent of the workhouse or work farm, shall
provide the officer or person having custody of the defendant a certified
record for commitment, including (1) a copy of the indictment and plea,
(2) a transcript of the sentencing proceedings, with the date thereof, together
with the defendant's statement under oath, if obtained, as to the defendant's
true name, residence, if any, the date and place of birth, the names and
addresses of parents and other relatives and of employers and others who know
the defendant well, social and other affiliations, past occupations and
employments, former places of residence and the period of time and the dates
the defendant has resided in each, citizenship, the number, dates, places and
causes of any prior convictions, and (3) if the person pleaded guilty, a
transcript of the sentencing proceedings.�
The record shall also include the trial judge's impressions of the
defendant's mental and physical condition, general character, capacity,
disposition, habits and special needs.� The
court reporter shall provide the required transcripts.� The certified record for commitment may be
used as evidence in any postconviction proceeding brought by the defendant.� The court administrator shall also deliver to
the sheriff or other officer or person conveying the defendant to the
correctional facility, workhouse, or work farm designated by the commissioner
of corrections or the judge a warrant of commitment together with a certified
copy of the warrant directing the conveyor to deliver the person and the
certified record for commitment to the principal officer in charge of the
correctional facility, workhouse, or work farm.�
Upon the delivery of any person, the principal officer in charge of the
correctional facility, workhouse, or work farm shall keep the certified copy of
the warrant of commitment and endorse the principal officer's receipt upon the
original, which shall be filed with the sentencing court.� The court administrator shall retain one
copy of the required transcripts, and a tape recording and the court
reporter's notes of all other proceedings.
Sec. 5.� Minnesota Statutes 2016, section 271.21, subdivision 2, is amended to read:
Subd. 2.� Jurisdiction.� At the election of the taxpayer, the Small Claims Division shall have jurisdiction only in the following matters:
(a) cases involving valuation, assessment, or taxation of real or personal property, if:
(i) the issue is a denial of a current year application for the homestead classification for the taxpayer's property;
(ii) only one parcel is included in the petition, the entire parcel is classified as homestead class 1a or 1b under section 273.13, and the parcel contains no more than one dwelling unit;
(iii) the entire property is classified as agricultural homestead class 2a or 1b under section 273.13; or
(iv) the assessor's estimated market value of the property included in the petition is less than $300,000; or
(b) any case not involving valuation, assessment, or
taxation of real and personal property in which the amount in controversy does
not exceed $5,000 $15,000, including penalty and interest.
EFFECTIVE DATE.� This section is effective the day
following final enactment.
Sec. 6.� Minnesota Statutes 2016, section 299A.707, subdivision 2, is amended to read:
Subd. 2.� Account purpose, grants.� Money in this account shall be allocated
by a grant program administered by the commissioner of public safety through
the Office of Justice Programs.� Local
units of government and nonprofit organizations are eligible for grants to
establish or operate chemical dependency and mental health treatment programs,
programs that improve supervision, including pretrial and precharge
supervision, and programs to reduce recidivism of controlled substances
offenders on probation or supervised release or participating in drug treatment
courts or to fund local participation in drug treatment court
initiatives approved by the Judicial Council.
Sec. 7.� Minnesota Statutes 2016, section 357.42, is amended to read:
357.42 DRUG TREATMENT
COURT FEES.
(a) When a court establishes a drug treatment
court process, the court may establish one or more fees for services provided
to defendants participating in the process.
(b) In each fiscal year, the court shall deposit the drug
treatment court participation fees in the special revenue fund and
credit the fees to a separate account for the trial courts.� The balance in this account is appropriated
to the trial courts and does not cancel but is available until expended.� Expenditures from this account must be made
for drug treatment court purposes.
Sec. 8.� Minnesota Statutes 2016, section 358.116, is amended to read:
358.116 COURT
DOCUMENTS.
Unless specifically required by court rule, a pleading, motion, affidavit, or other document filed with a court of the Minnesota judicial branch, or presented to a judge or judicial officer in support of a request for a court order, warrant, or other relief, is not required to be notarized.� Signing a document filed with the court or presented to a judge or judicial officer constitutes "verification upon oath or affirmation" as defined in section 358.41, clause (3), without administration of an oath under section 358.07, provided that the signature, as defined by court rules, is
affixed immediately below a declaration using substantially the following language:� "I declare under penalty of perjury that everything I have stated in this document is true and correct." �In addition to the signature, the date of signing and the county and state where the document was signed shall be noted on the document.� A person who signs knowing that the document is false in any material respect is guilty of perjury under section 609.48, even if the date, county, and state of signing are omitted from the document.
Sec. 9.� Minnesota Statutes 2016, section 480.242, subdivision 2, is amended to read:
Subd. 2.� Review of applications; selection of recipients.� At times and in accordance with any procedures as the Supreme Court adopts in the form of court rules, applications for the expenditure of civil legal services funds shall be accepted from qualified legal services programs or from local government agencies and nonprofit organizations seeking to establish qualified alternative dispute resolution programs.� The applications shall be reviewed by the advisory committee, and the advisory committee, subject to review by the Supreme Court, shall distribute the funds available for this expenditure to qualified legal services programs or to qualified alternative dispute resolution programs submitting applications.� The funds shall be distributed in accordance with the following formula:
(a) Eighty-five percent of the funds distributed shall be distributed to qualified legal services programs that have demonstrated an ability as of July 1, 1982, to provide legal services to persons unable to afford private counsel with funds provided by the federal Legal Services Corporation.� The allocation of funds among the programs selected shall be based upon the number of persons with incomes below the poverty level established by the United States Census Bureau who reside in the geographical area served by each program, as determined by the Supreme Court on the basis of the most recent national census.� All funds distributed pursuant to this clause shall be used for the provision of legal services in civil and farm legal assistance matters as prioritized by program boards of directors to eligible clients.
(b) Fifteen percent of the funds distributed may be distributed (1) to other qualified legal services programs for the provision of legal services in civil matters to eligible clients, including programs which organize members of the private bar to perform services and programs for qualified alternative dispute resolution, (2) to programs for training mediators operated by nonprofit alternative dispute resolution corporations, or (3) to qualified legal services programs to provide family farm legal assistance for financially distressed state farmers.� The family farm legal assistance must be directed at farm financial problems including, but not limited to, liquidation of farm property including bankruptcy, farm foreclosure, repossession of farm assets, restructuring or discharge of farm debt, farm credit and general debtor-creditor relations, and tax considerations.� If all the funds to be distributed pursuant to this clause cannot be distributed because of insufficient acceptable applications, the remaining funds shall be distributed pursuant to clause (a).
A person is eligible for legal assistance under this section if the person is an eligible client as defined in section 480.24, subdivision 2, or:
(1) is a state resident;
(2) is or has been a farmer or a family shareholder of a family farm corporation within the preceding 24 months;
(3) has a debt-to-asset ratio greater than
50 percent; and
(4) has a reportable federal adjusted
gross income of $15,000 or less in the previous year; and
(5) is financially unable to retain
legal representation (4) satisfies the income eligibility guidelines
established under section 480.243, subdivision 1.
Qualifying farmers and small business operators whose bank loans are held by the Federal Deposit Insurance Corporation are eligible for legal assistance under this section.
Sec. 10.� Minnesota Statutes 2016, section 484.70, subdivision 7, is amended to read:
Subd. 7.� Referee duties.� The duties and powers of referees shall be as follows:
(a) Hear and report all matters assigned by the chief judge.
(b) Recommend findings of fact, conclusions of law, temporary and interim orders, and final orders for judgment.
All recommended orders and findings of a referee shall be subject to confirmation by a judge.
(c) Upon the conclusion of the hearing in each case, the referee shall transmit to a judge the court file together with recommended findings and orders in writing.� The recommended findings and orders of a referee become the findings and orders of the court when confirmed by a judge.� The order of the court shall be proof of such confirmation, and also of the fact that the matter was duly referred to the referees.
(d) Review of any recommended order or finding of a referee by a judge may be by notice served and filed within ten days of effective notice of the recommended order or finding.� The notice of review shall specify the grounds for review and the specific provisions of the recommended findings or orders disputed, and the court, upon receipt of a notice of review, shall set a time and place for a review hearing.
(e) All orders and findings recommended by a referee become an effective order when countersigned by a judge and remain effective during the pendency of a review, including a remand to the referee, unless a judge:
(1) expressly stays the effect of the order;
(2) changes the order during the pendency of the review; or
(3) changes or vacates the order upon completion of the review.
(f) Notwithstanding paragraphs (d) and
(e), referee orders and decrees in probate or civil commitment court
proceedings, if appealed, must be appealed directly to the Court of Appeals, in
the same manner as judicial orders and decrees.
Sec. 11.� Minnesota Statutes 2016, section 484.702, is amended by adding a subdivision to read:
Subd. 6.� Expedited
child support process.� Hearings
and proceedings conducted in the expedited child support process under this
section may be reported by use of electronic recording equipment provided that
the equipment meets the minimum standards established by the state court
administrator.� Electronic recording
equipment must be operated and monitored by a person who meets the minimum
qualifications established by the state court administrator.
Sec. 12.� Minnesota Statutes 2016, section 486.05, subdivision 1, is amended to read:
Subdivision 1.� Salaries.� The salary for each court reporter shall
be set annually by the district administrator as provided in judicial
branch personnel policies and collective bargaining agreements within the
range established under section 480.181 as provided in the judicial branch
personnel rules.
Sec. 13.� Minnesota Statutes 2016, section 486.06, is amended to read:
486.06
CHARGE FOR TRANSCRIPT.
In addition to the salary set in section
486.05, the court reporter may charge for a transcript of a record ordered by
any person other than the judge 50 cents per original folio thereof and ten
cents per folio for each manifold or other copy thereof when so ordered that it
can be made with the original transcript.�
The chief judge of the judicial district may by order establish new
transcript fee ceilings annually at a rate set by the chief justice.
A court reporter may impose a fee authorized under this section only if the transcript is delivered to the person who ordered it within a reasonable time after it was ordered.
Sec. 14.� Minnesota Statutes 2016, section 518.179, subdivision 2, is amended to read:
Subd. 2.� Applicable crimes.� This section applies to the following crimes or similar crimes under the laws of the United States, or any other state:
(1) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(2) manslaughter in the first degree under section 609.20;
(3) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(4) kidnapping under section 609.25;
(5) depriving another of custodial or parental rights under section 609.26;
(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving a minor under section 609.322;
(7) criminal sexual conduct in the first degree under section 609.342;
(8) criminal sexual conduct in the second degree under section 609.343;
(9) criminal sexual conduct in the third degree under section 609.344, subdivision 1, paragraph (c), (f), or (g);
(10) solicitation of a child to engage in sexual conduct under section 609.352;
(11) incest under section 609.365;
(12) malicious punishment of a child under section 609.377;
(13) neglect of a child under section 609.378;
(14) terroristic threats under section
609.713; oder
(15) felony stalking under section
609.749, subdivision 4; or
(16) domestic assault by strangulation under section 609.2247.
Sec. 15.� Minnesota Statutes 2016, section 609.48, is amended by adding a subdivision to read:
Subd. 5.� Venue.� A violation of subdivision 1, clause
(4), may be prosecuted in the county where the statement, under penalty of
perjury, was signed, or the county of the district court in which the statement
was filed.
Sec. 16.� Minnesota Statutes 2016, section 609.748, subdivision 4, is amended to read:
Subd. 4.� Temporary restraining order; relief by court.� (a) The court may issue a temporary restraining order that provides any or all of the following:
(1) orders the respondent to cease or avoid the harassment of another person; or
(2) orders the respondent to have no contact with another person.
(b) The court may issue an order under paragraph (a) if the petitioner files a petition in compliance with subdivision 3 and if the court finds reasonable grounds to believe that the respondent has engaged in harassment.� When a petition alleges harassment as defined by subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate and present danger of harassment before the court may issue a temporary restraining order under this section.� When signed by a referee, the temporary order becomes effective upon the referee's signature.
(c) Notice need not be given to the respondent before the court issues a temporary restraining order under this subdivision.� A copy of the restraining order must be served on the respondent along with the order for hearing and petition, as provided in subdivision 3.� If the respondent is a juvenile, whenever possible, a copy of the restraining order, along with notice of the pendency of the case and the time and place of the hearing, shall also be served by mail at the last known address upon any parent or guardian of the juvenile respondent who is not the petitioner.� A temporary restraining order may be entered only against the respondent named in the petition.
(d) The temporary restraining order is in effect until a hearing is held on the issuance of a restraining order under subdivision 5.� The court shall hold the hearing on the issuance of a restraining order if the petitioner requests a hearing.� The hearing may be continued by the court upon a showing that the respondent has not been served with a copy of the temporary restraining order despite the exercise of due diligence or if service is made by published notice under subdivision 3 and the petitioner files the affidavit required under that subdivision.
(e) If the temporary restraining order has been issued and the respondent requests a hearing, the hearing shall be scheduled by the court upon receipt of the respondent's request.� Service of the notice of hearing must be made upon the petitioner not less than five days prior to the hearing.� The court shall serve the notice of the hearing upon the petitioner by mail in the manner provided in the Rules of Civil Procedure for pleadings subsequent to a complaint and motions and shall also mail notice of the date and time of the hearing to the respondent.� In the event that service cannot be completed in time to give the respondent or petitioner the minimum notice required under this subdivision, the court may set a new hearing date.
(f) A request for a hearing under this
subdivision must be made within 45 20 days after the temporary
restraining order is issued of the date of completed service of the
petition.
Sec. 17.� Minnesota Statutes 2016, section 631.52, subdivision 2, is amended to read:
Subd. 2.� Application.� Subdivision 1 applies to the following crimes or similar crimes under the laws of the United States or any other state:
(1) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(2) manslaughter in the first degree under section 609.20;
(3) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(4) kidnapping under section 609.25;
(5) depriving another of custodial or parental rights under section 609.26;
(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving a minor under section 609.322;
(7) criminal sexual conduct in the first degree under section 609.342;
(8) criminal sexual conduct in the second degree under section 609.343;
(9) criminal sexual conduct in the third degree under section 609.344, subdivision 1, paragraph (c), (f), or (g);
(10) solicitation of a child to engage in sexual conduct under section 609.352;
(11) incest under section 609.365;
(12) malicious punishment of a child under section 609.377;
(13) neglect of a child under section 609.378;
(14) terroristic threats under section
609.713; oder
(15) felony stalking under section 609.749;
or
(16) domestic assault by strangulation under section 609.2247.
Sec. 18.� Minnesota Statutes 2016, section 634.36, is amended to read:
634.36
EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER RECORDINGS.
In any hearing or trial of a criminal offense or petty misdemeanor or proceeding pursuant to section 169A.53, subdivision 3, evidence of a videotape, audiotape, or electronic or digital recording prepared by a peace officer, using recording equipment in a law enforcement vehicle or on the officer's person, while in the performance of official duties shall not be excluded on the ground that a written transcript of the recording was not prepared and available at or prior to trial.� As used in this section, "peace officer" has the meaning given in section 169A.03, subdivision 18.
EFFECTIVE
DATE.� This section is
effective July 1, 2017, and applies to trials and hearings beginning on or
after that date.
Sec. 19.� REPEALER.
Minnesota Statutes 2016, sections 486.05,
subdivision 1a; and 525.112, are repealed.
ARTICLE 3
CORRECTIONS AND PUBLIC SAFETY
Section 1.� Minnesota Statutes 2016, section 3.739, subdivision 1, is amended to read:
Subdivision 1.� Permissible claims.� Claims and demands arising out of the circumstances described in this subdivision shall be presented to, heard, and determined as provided in subdivision 2:
(1) an injury to or death of an inmate of
a state, regional, or local correctional facility or county jail who has
been conditionally released and ordered to perform while performing
compensated or uncompensated work in the community for a state agency, a
political subdivision or public corporation of this state, a nonprofit
educational, medical, or social service agency, or a private business or
individual, as a condition of the release, while performing the work;
(2) an injury to or death of a person
sentenced by a court, granted a suspended sentence by a court, or subject to a
court disposition order, and who, under court order, is performing work (a)
(i) in restitution, (b) (ii) in lieu of or to work off
fines or court ordered, court-ordered costs, or other
statutorily authorized correctional fees, (c) (iii) in lieu
of incarceration, or (d) (iv) as a term or condition of a
sentence, suspended sentence, or disposition order, while performing the work;
(3) an injury to or death of a person, who
has been diverted from the court system and who is performing work as described
in paragraph clause (1) or (2) under a written agreement signed
by the person, and if a juvenile, by a parent or guardian; and
(4) an injury to or death of any person
caused by an individual who was performing work as described in paragraph
clause (1), (2), or (3).
Sec. 2.� Minnesota Statutes 2016, section 12.221, subdivision 6, is amended to read:
Subd. 6.� Disaster assistance contingency account; appropriation.� (a) A disaster assistance contingency account is created in the special revenue fund in the state treasury.� Money in the disaster assistance contingency account is appropriated to the commissioner of public safety to provide:
(1) cost-share for federal assistance under section 12A.15, subdivision 1;
(2) state public disaster assistance to eligible applicants under chapter 12B;
(3) cost-share for federal assistance from the Federal Highway Administration emergency relief program under United States Code, title 23, section 125; and
(4) cost-share for federal assistance from the United States Department of Agriculture, Natural Resources Conservation Service emergency watershed protection program under United States Code, title 16, sections 2203 to 2205.
(b) For appropriations under paragraph
(a), clause (1), the amount appropriated is 100 percent of any nonfederal share
for state agencies and, local governments, and utility
cooperatives.� Money appropriated
under paragraph (a), clause (1), may be used to pay all or a portion of the
nonfederal share for publicly owned capital improvement projects.
(c) For appropriations under paragraph (a), clause (2), the amount appropriated is the amount required to pay eligible claims under chapter 12B, as certified by the commissioner of public safety.
(d) By January 15 of each year, the commissioner of management and budget shall submit a report to the chairs and ranking minority members of the house of representatives Ways and Means Committee and the senate Finance Committee detailing state disaster assistance appropriations and expenditures under this subdivision during the previous calendar year.
(e) The governor's budget proposal submitted to the legislature under section 16A.11 must include recommended appropriations to the disaster assistance contingency account.� The governor's appropriation recommendations must be informed by the commissioner of public safety's estimate of the amount of money that will be necessary to:
(1) provide 100 percent of the nonfederal
share for state agencies and, local governments, and utility
cooperatives that will receive federal financial assistance from FEMA
during the next biennium; and
(2) fully pay all eligible claims under chapter 12B.
(f) Notwithstanding section 16A.28:
(1) funds appropriated or transferred to the disaster assistance contingency account do not lapse but remain in the account until appropriated; and
(2) funds appropriated from the disaster assistance contingency account do not lapse and are available until expended.
Sec. 3.� Minnesota Statutes 2016, section 12B.15, subdivision 2, is amended to read:
Subd. 2.� Applicant.� "Applicant" means a local
government or, state government agency, or utility cooperative
that applies for state disaster assistance under this chapter.
Sec. 4.� Minnesota Statutes 2016, section 152.105, is amended to read:
152.105
DISPOSAL.
Subdivision 1.� Disposal of controlled substances.� Controlled substances listed in section 152.02, subdivisions 3 to 6, may be collected and disposed of only pursuant to the provisions of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, that are applicable to the disposal of controlled substances.� Disposal of controlled substances and legend and nonlegend drugs must also comply with the requirements of section 116.07 governing the disposal of hazardous waste, and the rules promulgated thereunder.
Subd. 2.� Sheriff
to maintain collection receptacle.� The
sheriff of each county shall maintain or contract for the maintenance of at
least one collection receptacle for the disposal of noncontrolled substances,
pharmaceutical controlled substances, and other legend drugs, as permitted by
federal law.� For purposes of this
section, "legend drug" has the meaning given in section 151.01,
subdivision 17.� The collection
receptacle must comply with federal law.�
In maintaining and operating the collection receptacle, the sheriff shall
follow all applicable provisions of Code of Federal Regulations, title 21,
parts 1300, 1301, 1304, 1305, 1307, and 1317, as amended through May 1, 2017.
Sec. 5.� Minnesota Statutes 2016, section 171.015, is amended by adding a subdivision to read:
Subd. 7.� Rulemaking
limitation.� (a)
Notwithstanding any law to the contrary, the commissioner is prohibited from
adopting any final rule that amends, conflicts with, or has the effect of
modifying requirements in Minnesota Rules, parts 7410.0100 to 7410.0800.
(b)
This subdivision does not constitute authorization for the commissioner to
adopt rules absent authority otherwise provided by other law.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 6.� Minnesota Statutes 2016, section 243.05, subdivision 1, is amended to read:
Subdivision 1.� Conditional release.� (a) The commissioner of corrections may parole any person sentenced to confinement in any state correctional facility for adults under the control of the commissioner of corrections, provided that:
(1) no inmate serving a life sentence for committing murder before May 1, 1980, other than murder committed in violation of clause (1) of section 609.185 who has not been previously convicted of a felony shall be paroled without having served 20 years, less the diminution that would have been allowed for good conduct had the sentence been for 20 years;
(2) no inmate serving a life sentence for committing murder before May 1, 1980, who has been previously convicted of a felony or though not previously convicted of a felony is serving a life sentence for murder in the first degree committed in violation of clause (1) of section 609.185 shall be paroled without having served 25 years, less the diminution which would have been allowed for good conduct had the sentence been for 25 years;
(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
(4) any new rule or policy or change of rule or policy adopted by the commissioner of corrections which has the effect of postponing eligibility for parole has prospective effect only and applies only with respect to persons committing offenses after the effective date of the new rule or policy or change.
(b) Upon being paroled and released, an inmate is and remains in the legal custody and under the control of the commissioner, subject at any time to be returned to a facility of the Department of Corrections established by law for the confinement or treatment of convicted persons and the parole rescinded by the commissioner.
(c) The written order of the commissioner of corrections, is sufficient authority for any peace officer, state correctional investigator, or state parole and probation agent to retake and place in actual custody any person on parole or supervised release.� In addition, when it appears necessary in order to prevent escape or enforce discipline, any state parole and probation agent or state correctional investigator may, without order of warrant, take and detain a parolee or person on supervised release or work release and bring the person to the commissioner for action.
(d) The written order of the commissioner of corrections is sufficient authority for any peace officer, state correctional investigator, or state parole and probation agent to retake and place in actual custody any person on probation under the supervision of the commissioner pursuant to section 609.135.� Additionally, when it appears necessary in order to prevent escape or enforce discipline, any state parole and probation agent or state correctional investigator may, without an order, retake and detain a probationer and bring the probationer before the court for further proceedings under section 609.14.
(e) The written order of the commissioner of corrections is sufficient authority for any peace officer, state correctional investigator, or state parole and probation agent to detain any person on pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release.
(f) Persons conditionally released, and those on probation under the supervision of the commissioner of corrections pursuant to section 609.135 may be placed within or outside the boundaries of the state at the discretion of the commissioner of corrections or the court, and the limits fixed for these persons may be enlarged or reduced according to their conduct.
(g) Except as otherwise provided in subdivision 1b, in considering applications for conditional release or discharge, the commissioner is not required to hear oral argument from any attorney or other person not connected with an adult correctional facility of the Department of Corrections in favor of or against the parole or release of any inmates.� The commissioner may institute inquiries by correspondence, taking testimony, or otherwise, as to the previous history, physical or mental condition, and character of the inmate and, to that end, has the authority to require the attendance of the chief executive officer of any state adult correctional facility and the production of the records of these facilities, and to compel the attendance of witnesses.� The commissioner is authorized to administer oaths to witnesses for these purposes.
(h) Unless the district court directs otherwise, state parole and probation agents may require a person who is under the supervision of the commissioner of corrections to perform community work service for violating a condition of probation imposed by the court.� Community work service may be imposed for the purpose of protecting the public, to aid the offender's rehabilitation, or both.� Agents may impose up to eight hours of community work service for each violation and up to a total of 24 hours per offender per 12-month period, beginning with the date on which community work service is first imposed.� The commissioner may authorize an additional 40 hours of community work services, for a total of 64 hours per offender per 12-month period, beginning with the date on which community work service is first imposed.� At the time community work service is imposed, parole and probation agents are required to provide written notice to the offender that states:
(1) the condition of probation that has been violated;
(2) the number of hours of community work service imposed for the violation; and
(3) the total number of hours of community work service imposed to date in the 12-month period.
An offender may challenge the imposition of community work service by filing a petition in district court.� An offender must file the petition within five days of receiving written notice that community work service is being imposed.� If the offender challenges the imposition of community work service, the state bears the burden of showing, by a preponderance of the evidence, that the imposition of community work service is reasonable under the circumstances.
Community work service includes sentencing to service.
(i) Prior to revoking a nonviolent
controlled substance offender's parole or probation based on a technical
violation, when the offender does not present a risk to the public and the
offender is amenable to continued supervision in the community, a parole or
probation agent must identify community options to address and correct the
violation including, but not limited to, inpatient chemical dependency
treatment.� If a probation or parole
agent determines that community options are appropriate, the agent shall seek
to restructure the offender's terms of release to incorporate those options.� If an offender on probation stipulates in
writing to restructure the terms of release, a probation agent must forward a
report to the district court containing:
(1) the specific nature of the
technical violation of probation;
(2) the recommended restructure to the
terms of probation; and
(3)
a copy of the offender's signed stipulation indicating that the offender
consents to the restructuring of probation.
The recommended restructuring of
probation becomes effective when confirmed by a judge.� The order of the court shall be proof of such
confirmation and amend the terms of the sentence imposed by the court under
section 609.135.� If a nonviolent
controlled substance offender's parole or probation is revoked, the offender's
agent must first attempt to place the offender in a local jail.� For purposes of this paragraph,
"nonviolent controlled substance offender"
is a person who meets the criteria described under section 244.0513,
subdivision 2, clauses (1), (2), and (5), and "technical
violation" means any violation of a court order of probation or a
condition of parole, except an allegation of a subsequent criminal act that is
alleged in a formal complaint, citation, or petition.
Sec. 7.� Minnesota Statutes 2016, section 243.17, subdivision 1, is amended to read:
Subdivision 1.� Allowed
expenses.� The necessary expenses
of sheriffs and other peace officers commissioner of management and
budget shall pay out of the state treasury to the commissioner of corrections each
fiscal year the amount necessary to offset expenses incurred in
conveying to convey convicted persons and children adjudicated
delinquent and committed to the custody of the commissioner of corrections to
the appropriate adult or juvenile correctional facility as designated by the
commissioner of corrections, including per diem and expenses of correctional
officers, shall be allowed by the commissioner of management and budget and
paid out of the state treasury.� The
commissioner of management and budget may allow and pay for the necessary
expenses incurred by the sheriff, deputy, or other peace officer in going to
and returning from the correctional facility and $10 per day for each
correctional officer.� Not more than one
correctional officer shall be allowed for one prisoner, but one additional
correctional officer shall be allowed for every two additional prisoners.� All bills shall be in writing, fully
itemized, verified, and accompanied by the receipt of the chief executive
officer of the facility for the delivery of the convicted or adjudicated
persons, in a form prescribed by the commissioner of management and budget.� The total amount of payments shall not
exceed $500,000 each fiscal year.� Payments
shall be made one or two times each fiscal year based on a fee schedule agreed
to by the Department of Corrections and the Minnesota Sheriffs' Association.
Sec. 8.� Minnesota Statutes 2016, section 244.05, subdivision 3, is amended to read:
Subd. 3.� Sanctions for violation.� If an inmate violates the conditions of the inmate's supervised release imposed by the commissioner, the commissioner may:
(1) continue the inmate's supervised release term, with or without modifying or enlarging the conditions imposed on the inmate; or
(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate period of time.
Prior to revoking a nonviolent
controlled substance offender's supervised release based on a technical
violation, when the offender does not present a risk to the public and the
offender is amenable to continued supervision in the community, the
commissioner must identify community options to address and correct the
violation including, but not limited to, inpatient chemical dependency
treatment.� If the commissioner determines
that community options are appropriate, the commissioner shall restructure the
inmate's terms of release to incorporate those options.� If a nonviolent controlled substance
offender's supervised release is revoked, the offender's agent must first
attempt to place the offender in a local jail.�
For purposes of this subdivision, "nonviolent controlled substance
offender" is a person who meets the criteria described under section
244.0513, subdivision 2, clauses (1), (2), and (5), and "technical
violation" means a violation of a condition of supervised release, except
an allegation of a subsequent criminal act that is alleged in a formal
complaint, citation, or petition.
The period of time for which a supervised release may be revoked may not exceed the period of time remaining in the inmate's sentence, except that if a sex offender is sentenced and conditionally released under Minnesota Statutes 2004, section 609.108, subdivision 5, the period of time for which conditional release may be revoked may not exceed the balance of the conditional release term.
Sec. 9.� Minnesota Statutes 2016, section 244.198, is amended by adding a subdivision to read:
Subd. 1a.� Alternatives
to incarceration.� At a
sanctions conference regarding a nonviolent controlled substance offender, when
the offender does not present a risk to the public and the offender is amenable
to continued supervision in the community, a probation agency must identify
community options to address and correct the violation including, but not
limited to, inpatient chemical dependency treatment.� If the agency determines that community
options are appropriate, the county probation officer shall recommend a
sanction that incorporates those options.�
For purposes of this subdivision, "nonviolent controlled substance
offender" is a person who meets the criteria described under section
244.0513, subdivision 2, clauses (1), (2), and (5).
Sec. 10.� Minnesota Statutes 2016, section 299A.55, subdivision 2, is amended to read:
Subd. 2.� Railroad and pipeline safety account.� (a) A railroad and pipeline safety account is created in the special revenue fund.� The account consists of funds collected under subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.
(b) $104,000 is annually appropriated from the railroad and pipeline safety account to the commissioner of the Pollution Control Agency for environmental protection activities related to railroad discharge preparedness under chapter 115E.
(c) $600,000 in fiscal year 2018 and
$600,000 in fiscal year 2019 are appropriated from the railroad and pipeline
safety account to the commissioner of transportation for improving safety at
railroad grade crossings.
(d) Following the appropriation in paragraph
paragraphs (b) and (c), the remaining money in the account is
annually appropriated to the commissioner of public safety for the purposes
specified in subdivision 3.
Sec. 11.� Minnesota Statutes 2016, section 299C.46, subdivision 6, is amended to read:
Subd. 6.� Orders for protection and no contact orders.� (a) As used in this subdivision, "no contact orders" include orders issued as pretrial orders under section 629.72, subdivision 2, orders under section 629.75, and orders issued as probationary or sentencing orders at the time of disposition in a criminal domestic abuse case.
(b) The data communications network must
include orders for protection issued under section 518B.01 and,
harassment restraining orders, and no contact orders issued against adults
and juveniles.� A no contact order must
be accompanied by a photograph of the offender for the purpose of enforcement
of the order, if a photograph is available and verified by the court to be an
image of the defendant.
(c) Data from orders for protection, harassment restraining orders, or no contact orders and data entered by law enforcement to assist in the enforcement of those orders are classified as private data on individuals as defined in section 13.02, subdivision 12.� Data about the offender can be shared with the victim for purposes of enforcement of the order.
Sec. 12.� Minnesota Statutes 2016, section 609.14, is amended by adding a subdivision to read:
Subd. 2a.� Alternatives
to incarceration.� (a) A
probation agent must present the court with local options to address and
correct the violation including, but not limited to, inpatient chemical
dependency treatment when the defendant at a summary hearing provided by
subdivision 2 is:
(1) a nonviolent controlled substance
offender;
(2) subject to supervised probation;
(3) appearing based on a technical
violation; and
(4) admitting or found to have violated
any of the conditions of probation.
(b) For purposes of this subdivision,
"nonviolent controlled substance offender" is a person who meets the
criteria described under section 244.0513, subdivision 2, clauses (1), (2), and
(5), and "technical violation" has the meaning given in section
244.196, subdivision 6.
Sec. 13.� Minnesota Statutes 2016, section 609.475, is amended to read:
609.475
IMPERSONATING OFFICER A MILITARY SERVICE MEMBER, VETERAN, OR PUBLIC
OFFICIAL.
Whoever falsely impersonates a police
or military officer an active or reserve component military service
member, veteran, or public official with intent to mislead another into
believing that the impersonator is actually such officer or official wrongfully
obtain money, property, or any other tangible benefit is guilty of a
misdemeanor.
EFFECTIVE DATE.� This section is effective August 1, 2017, and
applies to crimes committed on or after that date.
Sec. 14.� [609.4751]
IMPERSONATING A PEACE OFFICER.
Subdivision 1.� Misdemeanor.� Whoever falsely impersonates a peace
officer with intent to mislead another into believing that the impersonator is
actually an officer is guilty of a misdemeanor.
Subd. 2. �Gross
misdemeanor.� Whoever violates
subdivision 1 while committing any of the following acts is guilty of a gross
misdemeanor:
(1) gaining access to a public building
or government facility that is not open to the public;
(2) without legal authority, directing
or ordering another person to act or refrain from acting;
(3) violating section 169.64,
subdivision 2, 3, or 4, or the siren provisions of section 169.68; or
(4) operating a motor vehicle marked:
(i) with the word or words
"police," "patrolman," "sheriff,"
"deputy," "trooper," "state patrol,"
"conservation officer," "agent," or "marshal"; or
(ii) with any lettering, marking, or
insignia, or colorable imitation thereof, including, but not limited to, stars,
badges, or shields identifying the vehicle as a law enforcement vehicle, and
which a reasonable person would believe is a law enforcement vehicle governed
under section 169.98, subdivision 1.
Subd. 3.
� Felony.� Whoever violates this section within five years of a previous violation of this section is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both.EFFECTIVE DATE.� This section is effective August 1, 2017, and
applies to crimes committed on or after that date.
Sec. 15.� Minnesota Statutes 2016, section 609.595, subdivision 1, is amended to read:
Subdivision 1.� Criminal damage to property in the first degree.� Whoever intentionally causes damage to physical property of another without the latter's consent may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if:
(1) the damage to the property caused a reasonably foreseeable risk of bodily harm; or
(2) the property damaged was a public
safety motor vehicle, the defendant knew the vehicle was a public safety motor
vehicle, and the damage to the vehicle caused a substantial interruption or
impairment of public safety service or a reasonably foreseeable risk of bodily
harm; or
(3) the property damaged belongs to a common carrier and the damage impairs the service to the public rendered by the carrier; or
(3) (4) the damage reduces the
value of the property by more than $1,000 measured by the cost of repair and
replacement; or
(4) (5) the damage reduces the
value of the property by more than $500 measured by the cost of repair and
replacement and the defendant has been convicted within the preceding three
years of an offense under this subdivision or subdivision 2.
In any prosecution under clause (3) (4),
the value of any property damaged by the defendant in violation of that clause
within any six-month period may be aggregated and the defendant charged
accordingly in applying the provisions of this section; 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.
EFFECTIVE DATE.� This section is effective August 1, 2017, and
applies to crimes committed on or after that date.
Sec. 16.� Minnesota Statutes 2016, section 609.595, subdivision 2, is amended to read:
Subd. 2.� Criminal damage to property in the third degree.� (a) Except as otherwise provided in subdivision 1a, whoever intentionally causes damage to another person's physical property without the other person's consent may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if:� (1) the damage reduces the value of the property by more than $500 but not more than $1,000 as measured by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle and the defendant knew the vehicle was a public safety motor vehicle.
(b) Whoever intentionally causes damage to another person's physical property without the other person's consent because of the property owner's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the damage reduces the value of the property by not more than $500.
(c) In any prosecution under paragraph (a), clause (1), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section.� 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.
EFFECTIVE DATE.� This section is effective August 1, 2017, and
applies to crimes committed on or after that date.
Sec. 17.� Minnesota Statutes 2016, section 609.595, is amended by adding a subdivision to read:
Subd. 4.� Definitions.� (a) As used in this section,
"public safety motor vehicle" includes:
(1) marked vehicles used by law
enforcement agencies and specially marked vehicles permitted under section
169.98, subdivision 2a, owned or leased by the state or a political
subdivision;
(2) fire apparatuses, including
fire-suppression support vehicles, owned or leased by the state or a political
subdivision;
(3) ambulances owned or leased by the
state or a political subdivision;
(4) vehicles owned by ambulance
services licensed under section 144E.10 that are equipped and specifically
intended for emergency response or providing ambulance services; and
(5) marked vehicles used by
conservation officers of the Division of Enforcement and Field Service of the
Department of Natural Resources.
(b) As used in subdivision 1, clause
(2), and subdivision 2, paragraph (a), clause (2), "damage" includes
tampering with a public safety motor vehicle and acts that obstruct or
interfere with the vehicle's use.
EFFECTIVE DATE.� This section is effective August 1, 2017, and
applies to crimes committed on or after that date.
Sec. 18.� Minnesota Statutes 2016, section 609.605, is amended by adding a subdivision to read:
Subd. 4a.� Trespass
on a school bus.� (a) As used
in this subdivision, "school bus" has the meaning given in section
169.011, subdivision 71.
(b) As used in this subdivision,
"pupils" means persons in grades prekindergarten through grade 12.
(c) A person who boards a school bus
when the bus is on its route or otherwise in operation, or while it has pupils
on it, and who refuses to leave the bus on demand of the bus operator, is
guilty of a misdemeanor.
EFFECTIVE
DATE.� This section is
effective August 1, 2017, and applies to violations committed on or after that
date.
Sec. 19.� [609.6057]
GEOGRAPHIC RESTRICTION.
Subdivision 1.� Definition.� As used in this section,
"geographic restriction" means a limitation prohibiting a defendant
in a criminal proceeding or a juvenile offender in a delinquency proceeding
from entering a designated property or geographic area.
Subd. 2.
� Prohibited conduct; penalty.� A person who knows of a geographic restriction order issued against the person and intentionally enters or remains in the restricted area is guilty of a misdemeanor.Subd. 3.� Notice.� (a) A geographic restriction may be
issued as a pretrial order before final disposition of the underlying criminal
case, as a postconviction probationary order, or both.� A geographic restriction order is independent
of any condition of pretrial release or probation imposed on the defendant.� A geographic restriction order may be issued
in addition to a similar restriction imposed as a condition of pretrial release
or probation.
(b) A court may issue a geographic
restriction upon a finding that its issuance will serve the interests of
protecting public safety or property.� In
making that determination, a court shall consider the following factors:
(1) whether a defendant's presence in a
restricted area creates a risk to public safety or property;
(2) a defendant's criminal history;
(3) the likelihood of future criminal
activity within the restricted area; and
(4) any other factors deemed relevant
by the court.
(c) A court may grant any exceptions to
a geographic restriction that it deems necessary in order to avoid the
imposition of a significant hardship upon a defendant.� In determining whether to grant an exception,
a court shall also consider the impact of the exception on the interests of
protecting public safety or property.
(d) A geographic restriction order
under this section shall be issued in a proceeding that is separate from but
which may be held immediately following a proceeding in which any pretrial
release or sentencing issues are decided.
(e) A court issuing a geographic
restriction order under this section shall notify a defendant:
(1) of the area subject to a geographic
restriction; and
(2) that violation of the geographic
restriction order is a crime.
Subd. 4.� Cancellation.� (a) A court shall cancel a pretrial
geographic restriction order at the final disposition of the underlying
criminal case.
(b) A court shall cancel a
postconviction geographic restriction order when an offender completes a period
of probationary supervision or is committed to the commissioner of corrections.
(c) A court may cancel a postconviction
geographic restriction order at any time during which an offender is under
probationary supervision.
EFFECTIVE DATE.� This section is effective August 1, 2017, and
applies to crimes committed on or after that date.
Sec. 20.� Minnesota Statutes 2016, section 609.748, subdivision 3, is amended to read:
Subd. 3.� Contents of petition; hearing; notice.� (a) A petition for relief must allege facts sufficient to show the following:
(1) the name of the alleged harassment victim;
(2) the name of the respondent; and
(3) that the respondent has engaged in harassment.
A petition for relief must state whether the petitioner has had a previous restraining order in effect against the respondent.� The petition shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.� The court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this section and shall advise the petitioner of the right to sue in forma pauperis under section 563.01.� The court shall advise the petitioner of the right to request a hearing.� If the petitioner does not request a hearing, the court shall advise the petitioner that the respondent may request a hearing and that notice of the hearing date and time will be provided to the petitioner by mail at least five days before the hearing.� Upon receipt of the petition and a request for a hearing by the petitioner, the court shall order a hearing.� Personal service must be made upon the respondent not less than five days before the hearing.� If personal service cannot be completed in time to give the respondent the minimum notice required under this paragraph, the court may set a new hearing date.� Nothing in this section shall be construed as requiring a hearing on a matter that has no merit.
(b) Notwithstanding paragraph (a), the order for a hearing and a temporary order issued under subdivision 4 may be served on the respondent by means of a one-week published notice under section 645.11, if:
(1) the petitioner files an affidavit with
the court stating that an attempt at personal service made by a sheriff peace
officer was unsuccessful because the respondent is avoiding service by
concealment or otherwise; and
(2) a copy of the petition and order for hearing and any temporary restraining order has been mailed to the respondent at the respondent's residence or place of business, if the respondent is an organization, or the respondent's residence or place of business is not known to the petitioner.
(c) Regardless of the method of service, if the respondent is a juvenile, whenever possible, the court also shall have notice of the pendency of the case and of the time and place of the hearing served by mail at the last known address upon any parent or guardian of the juvenile respondent who is not the petitioner.
(d) A request for a hearing under this subdivision must be made within 20 days of service of the petition.
Sec. 21.� Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
Subd. 3a.� Filing
fee; cost of service.� The filing
fees for a restraining order under this section are waived for the petitioner
if the petition alleges acts that would constitute a violation of section
609.749, subdivision 2, 3, 4, or 5, or sections 609.342 to 609.3451.� The court administrator and the sheriff of
any county any peace officer in this state shall perform their
duties relating to service of process without charge to the petitioner.� The court shall direct payment of the
reasonable costs of service of process if served by a private process server
when the sheriff a peace officer is unavailable or if service is
made by publication.� The court may
direct a respondent to pay to the court administrator the petitioner's filing
fees and reasonable costs of service of process if the court determines that
the respondent has the ability to pay the petitioner's fees and costs.
Sec. 22.� Minnesota Statutes 2016, section 609.748, subdivision 5, is amended to read:
Subd. 5.� Restraining order.� (a) The court may issue a restraining order that provides any or all of the following:
(1) orders the respondent to cease or avoid the harassment of another person; or
(2) orders the respondent to have no contact with another person.
(b) The court may issue an order under paragraph (a) if all of the following occur:
(1) the petitioner has filed a petition under subdivision 3;
(2) the sheriff a peace officer
has served respondent with a copy of the temporary restraining order obtained
under subdivision 4, and with notice of the right to request a hearing, or
service has been made by publication under subdivision 3, paragraph (b); and
(3) the court finds at the hearing that there are reasonable grounds to believe that the respondent has engaged in harassment.
A restraining order may be issued only against the respondent named in the petition; except that if the respondent is an organization, the order may be issued against and apply to all of the members of the organization.� If the court finds that the petitioner has had two or more previous restraining orders in effect against the same respondent or the respondent has violated a prior or existing restraining order on two or more occasions, relief granted by the restraining order may be for a period of up to 50 years.� In all other cases, relief granted by the restraining order must be for a fixed period of not more than two years.� When a referee presides at the hearing on the petition, the restraining order becomes effective upon the referee's signature.
(c) An order issued under this subdivision must be personally served upon the respondent.
(d) If the court orders relief for a period of up to 50 years under paragraph (a), the respondent named in the restraining order may request to have the restraining order vacated or modified if the order has been in effect for at least five years and the respondent has not violated the order.� Application for relief under this paragraph must be made in the county in which the restraining order was issued.� Upon receipt of the request, the court shall set a hearing date.� Personal service must be made upon the petitioner named in the restraining order not less than 30 days before the date of the hearing.� At the hearing, the respondent named in the restraining order has the burden of proving by a preponderance of the evidence that there has been a material change in circumstances and that the reasons upon which the court relied in granting the restraining order no longer apply and are unlikely to occur.� If the court finds that the respondent named in the restraining order has met the burden of proof, the court may vacate or modify the order.� If the court finds that the respondent named in the restraining order has not met the burden of proof, the court shall deny the request and no request may be made to vacate or modify the restraining order until five years have elapsed from the date of denial.� An order vacated or modified under this paragraph must be personally served on the petitioner named in the restraining order.
Sec. 23.� Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision to read:
Subd. 5a.� Short-form
notification.� (a) In lieu of
personal service of a harassment restraining order, a peace officer may serve a
person with a short-form notification.� The
short-form notification must include the following clauses:� the respondent's name; the respondent's date
of birth, if known; the petitioner's name; the names of other protected
parties; the date and county in which the temporary restraining order or
restraining order was filed; the court file number; the hearing date and time,
if known; the conditions that apply to the respondent, either in checklist form
or handwritten; and the name of the judge who signed the order.
The short-form notification must be in bold print in the
following form:
"The restraining order is now
enforceable.� You must report to your
nearest sheriff's office or county court to obtain a copy of the restraining
order.� You are subject to arrest and may
be charged with a misdemeanor, gross misdemeanor, or felony if you violate any
of the terms of the restraining order or this short-form notification."
(b)
Upon verification of the identity of the respondent and the existence of an
unserved harassment restraining order against the respondent, a law enforcement
officer may detain the respondent for a reasonable time necessary to complete
and serve the short-form notification.
(c) When service is made by short-form
notification, it may be proved by the affidavit of the law enforcement officer
making the service.
(d) For service under this section
only, service upon an individual may occur at any time, including Sundays and
legal holidays.
(e) The superintendent of the Bureau of
Criminal Apprehension shall provide the short form to law enforcement agencies.
EFFECTIVE
DATE.� This section is
effective 30 days following publication of a notice on the Bureau of Criminal
Apprehension's website that a computer system is available to send harassment
restraining order data from the Minnesota judicial branch to law enforcement.
Sec. 24.� Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision to read:
Subd. 5b.� Service
by others.� In addition to
peace officers, corrections officers, including but not limited to probation
officers, court services officers, parole officers, and employees of jails or
correctional facilities, may serve a temporary restraining order or restraining
order.
Sec. 25.� Minnesota Statutes 2016, section 624.714, subdivision 17, is amended to read:
Subd. 17.� Posting; trespass.� (a) A person carrying a firearm on or about his or her person or clothes under a permit or otherwise who remains at a private establishment knowing that the operator of the establishment or its agent has made a reasonable request that firearms not be brought into the establishment may be ordered to leave the premises.� A person who fails to leave when so requested is guilty of a petty misdemeanor.� The fine for a first offense must not exceed $25.� Notwithstanding section 609.531, a firearm carried in violation of this subdivision is not subject to forfeiture.
(b) As used in this subdivision, the terms in this paragraph have the meanings given.
(1) "Reasonable request" means a request made under the following circumstances:
(i) the requester has prominently posted a conspicuous sign at every entrance to the establishment containing the following language:� "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE PREMISES."; or
(ii) the requester or the requester's agent personally informs the person that guns are prohibited in the premises and demands compliance.
(2) "Prominently" means readily visible and within four feet laterally of the entrance with the bottom of the sign at a height of four to six feet above the floor.
(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in height against a bright contrasting background that is at least 187 square inches in area.
(4) "Private establishment" means a building, structure, or portion thereof that is owned, leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose.
(c) The owner or operator of a private establishment may not prohibit the lawful carry or possession of firearms in a parking facility or parking area.
(d) The owner or operator of a private
establishment may not prohibit the lawful carry or possession of firearms by a
peace officer, as defined in section 626.84, subdivision 1, paragraph (c),
within the private establishment or deny the officer access thereto, except
when specifically authorized by statute.�
The owner or operator of the private establishment may require the
display of official credentials issued by the agency that employs the peace
officer prior to granting the officer entry into the private establishment.
(d) (e) This subdivision
does not apply to private residences.� The
lawful possessor of a private residence may prohibit firearms, and provide
notice thereof, in any lawful manner.
(e) (f) A landlord may not
restrict the lawful carry or possession of firearms by tenants or their guests.
(f) (g) Notwithstanding any
inconsistent provisions in section 609.605, this subdivision sets forth the
exclusive criteria to notify a permit holder when otherwise lawful firearm
possession is not allowed in a private establishment and sets forth the
exclusive penalty for such activity.
(g) (h) This subdivision
does not apply to:
(1) an active licensed peace officer;
or
(2) a security guard acting in the
course and scope of employment.� The
owner or operator of a private establishment may require the display of
official credentials issued by the company, which must be licensed by the
Private Detective and Protective Agent Services Board, that employs the
security guard and the guard's permit card prior to granting the guard entrance
into the private establishment.
Sec. 26.� [626.8469]
TRAINING IN CRISIS RESPONSE, CONFLICT MANAGEMENT, AND CULTURAL DIVERSITY.
Subdivision 1.� In-service
training required.� Beginning
July 1, 2018, the chief law enforcement officer of every state and local law
enforcement agency shall provide in-service training in crisis intervention and
mental illness crises; conflict management and mediation; and recognizing and
valuing community diversity and cultural differences to include implicit bias
training to every peace officer and part-time peace officer employed by the
agency.� The training shall comply with
learning objectives developed and approved by the board and shall meet board
requirements for board-approved continuing education credit.� The training shall consist of at least
16 continuing education credits within an officer's three-year licensing
cycle.� Each peace officer with a license
renewal date after June 30, 2018, is not required to complete this training
until the officer's next full three-year licensing cycle.
Subd. 2.� Record
keeping required.� The head of
every local and state law enforcement agency shall maintain written records of
the agency's compliance with the requirements of subdivision 1.� The documentation is subject to periodic
review by the board, and shall be made available to the board at its request.
Subd. 3.� Licensing
sanctions; injunctive relief.� The
board may impose licensing sanctions and seek injunctive relief under section
214.11 for failure to comply with the requirements of this section.
Sec. 27.� Laws 2009, chapter 59, article 3, section 4, subdivision 3, as amended by Laws 2011, chapter 87, section 1, subdivision 3, is amended to read:
Subd. 3.� Contract.� Notwithstanding any law or ordinance to
the contrary, an eligible city or county may contract with a third party to
create and administer the diversion program.�
A third party administering the program under this section must
annually provide to the city or county a copy of an annual independent audit.� At a minimum, the audit shall include the
following:
(1) the amount charged for program
fees;
(2) the total number of participants in
the pilot program;
(3) the total amount of money collected
from participants in the pilot program;
(4) the total amount of money, detailed
by category, paid or applied to reinstatement fees, surcharges, criminal and
traffic fines, and program fees;
(5) the number of participants who
successfully completed the pilot program in the previous year;
(6)
the number of participants terminated from the pilot program under subdivision
7, paragraph (a), clauses (1) to (3);
(7) the reimbursement policy for all
payments listed under clause (4); and
(8) the amount of all payments listed
under clause (4) retained from participants who were terminated from the
program.
The third party administering the
program must pay the cost of the audit.
Sec. 28.� Laws 2009, chapter 59, article 3, section 4, subdivision 8, as amended by Laws 2011, chapter 87, section 1, subdivision 8, is amended to read:
Subd. 8.� Report.� (a) By February 1, 2013 2019,
the commissioner of public safety and each eligible city and county that
participates in the diversion program shall report to the legislative
committees with jurisdiction over transportation and the judiciary concerning
the results of the program.� The
report must be made electronically and available in print only upon request.� At a minimum, the report must include,
without limitation, the effect of the program on:
(1) recidivism rates for participants in the diversion pilot program;
(2) payment of the information
for reinstatement fees, surcharges, and criminal fines
collected in the diversion pilot program to cities, counties, and the state;
(3) educational support provided to
participants in the diversion pilot program; and
(4) the total number of participants in
the diversion pilot program and;
(5) the number of participants who
have terminated from the pilot program under subdivision 7, paragraph (a), clauses
(1) to (3); and
(6) the names of all third-party program administrators and their program fee refund policy, and, for each administrator the amount charged for program fees, and the amount of program fees retained from participants who have terminated from the program
.(b) The report must include recommendations regarding the future of the program and any necessary legislative changes.
Sec. 29.� Laws 2009, chapter 59, article 3, section 4,
subdivision 9, as amended by Laws 2010, chapter 197, section 1, Laws 2011,
chapter 87, section 1, subdivision 9, and Laws 2013, chapter 127, section 60,
is amended to read:
Subd. 9.� Sunset.� A city or county participating in this
pilot program may accept an individual for diversion into the pilot program
until June 30, 2017 2019.� The
third party administering the diversion program may collect and disburse fees
collected pursuant to subdivision 6, paragraph (a), clause (2), through
December 31, 2018 2020, at which time the pilot program under
this section expires.
Sec. 30.� ALTERNATIVES
TO INCARCERATION PILOT PROGRAM FUND.
(a) Agencies providing supervision to
offenders on probation, parole, or supervised release are eligible for grants
to facilitate access to community options including, but not limited to,
inpatient chemical dependency treatment for nonviolent controlled substance
offenders to address and correct behavior that is, or is likely to result in, a
technical violation of the conditions of release.� For purposes of this section,
"nonviolent controlled substance offender" is a person who meets the
criteria described under Minnesota Statutes, section 244.0513, subdivision 2,
clauses (1), (2), and (5), and "technical violation" means a
violation of a court order of probation, condition of parole, or condition of
supervised release, except an allegation of a subsequent criminal act that is
alleged in a formal complaint, citation, or petition.
(b) The Department of Corrections shall
establish criteria for selecting grant recipients and the amount awarded to
each grant recipient.
(c) By January 15, 2019, the
commissioner of corrections shall submit a report to the chairs of the house of
representatives and senate committees with jurisdiction over public safety
policy and finance.� At a minimum, the report
must include:
(1) the total number of grants issued
under this program;
(2) the average amount of each grant;
(3) the community services accessed as
a result of the grants;
(4) a summary of the type of
supervision offenders were under when a grant was used to help access a
community option;
(5) the number of individuals who
completed, and the number who failed to complete, programs accessed as a result
of this grant; and
(6) the number of individuals who
violated the terms of release following participation in a program accessed as
a result of this grant, separating technical violations and new criminal
offenses.
Sec. 31.� ASSESSMENT
OF APPLETON FACILITY.
(a) The commissioner of corrections
shall select an independent entity to conduct a thorough assessment of the
existing correctional facility located in Appleton, Minnesota.� This assessment must determine the current
physical state of the facility and the improvements to it, if any, that would
be necessary for the department to open and operate it to house Minnesota
offenders in a manner consistent with other state correctional facilities.� The assessment must estimate the costs
involved in upgrading, leasing or purchasing, and operating the facility.
(b) By January 15, 2018, the
commissioner shall report the results of the assessment to the chairs and
ranking minority members of the senate and house of representatives committees
having jurisdiction over criminal justice policy and finance.
ARTICLE 4
COURT-RELATED FEE DECREASES
Section 1.� Minnesota Statutes 2016, section 357.021, subdivision 2, is amended to read:
Subd. 2.� Fee amounts.� The fees to be charged and collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in
said court, including any case arising under the tax laws of the state that
could be transferred or appealed to the Tax Court, the plaintiff, petitioner,
or other moving party shall pay, when the first paper is filed for that party
in said action, a fee of $310 $285, except in marriage
dissolution actions the fee is $340 $315.
The defendant or other adverse or
intervening party, or any one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall pay, when the
first paper is filed for that party in said action, a fee of $310 $285,
except in marriage dissolution actions the fee is $340 $315.� This subdivision does not apply to the filing
of an Application for Discharge of Judgment.�
Section 548.181 applies to an Application for Discharge of Judgment.
The party requesting a trial by jury shall pay $100.
The fees above stated shall be the full trial fee chargeable to said parties irrespective of whether trial be to the court alone, to the court and jury, or disposed of without trial, and shall include the entry of judgment in the action, but does not include copies or certified copies of any papers so filed or proceedings under chapter 103E, except the provisions therein as to appeals.
(2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8 for an uncertified copy.
(3) Issuing a subpoena, $16 for each name.
(4) Filing a motion or response to a motion
in civil, family, excluding child support, and guardianship cases, $100 $75.
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment, injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically mentioned, $55.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment from another court, $40.
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of judgment, $5.
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name certified to.
(9) Filing and indexing trade name; or recording basic science certificate; or recording certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists, $5.
(10) For the filing of each partial, final, or annual account in all trusteeships, $55.
(11) For the deposit of a will, $27.
(12) For recording notary commission, $20.
(13) Filing a motion or response to a motion
for modification of child support, a fee of $100 $50.
(14) All other services required by law for which no fee is provided, such fee as compares favorably with those herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption petition filed in district court to fund the fathers' adoption registry under section 259.52.
The fees in clauses (3) and (5) need not be paid by a public authority or the party the public authority represents.
Sec. 2.� Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
Subd. 3a.� Filing
fee; cost of service.� The filing
fees for a restraining order under this section are waived for the petitioner and
the respondent if the petition alleges acts that would constitute a
violation of section 609.749, subdivision 2, 3, 4, or 5, or sections 609.342 to
609.3451.� The court administrator and
the sheriff of any county in this state shall perform their duties relating to
service of process without charge to the petitioner.� The court shall direct payment of the
reasonable costs of service of process if served by a private process server
when the sheriff is unavailable or if service is made by publication.� The court may direct a respondent to pay
to the court administrator the petitioner's filing fees and reasonable costs of
service of process if the court determines that the respondent has the ability
to pay the petitioner's fees and costs.
ARTICLE 5
CONTROLLED SUBSTANCES
Section 1.� Minnesota Statutes 2016, section 152.02, subdivision 2, is amended to read:
Subd. 2.� Schedule I.� (a) Schedule I consists of the substances listed in this subdivision.
(b) Opiates.� Unless specifically excepted or unless listed in another schedule, any of the following substances, including their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers, and salts is possible:
(1) acetylmethadol;
(2) allylprodine;
(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl acetate);
(4) alphameprodine;
(5) alphamethadol;
(6) alpha-methylfentanyl benzethidine;
(7) betacetylmethadol;
(8) betameprodine;
(9) betamethadol;
(10) betaprodine;
(11) clonitazene;
(12) dextromoramide;
(13) diampromide;
(14) diethyliambutene;
(15) difenoxin;
(16) dimenoxadol;
(17) dimepheptanol;
(18) dimethyliambutene;
(19) dioxaphetyl butyrate;
(20) dipipanone;
(21) ethylmethylthiambutene;
(22) etonitazene;
(23) etoxeridine;
(24) furethidine;
(25) hydroxypethidine;
(26) ketobemidone;
(27) levomoramide;
(28) levophenacylmorphan;
(29) 3-methylfentanyl;
(30) acetyl-alpha-methylfentanyl;
(31) alpha-methylthiofentanyl;
(32) benzylfentanyl beta-hydroxyfentanyl;
(33) beta-hydroxy-3-methylfentanyl;
(34) 3-methylthiofentanyl;
(35) thenylfentanyl;
(36) thiofentanyl;
(37) para-fluorofentanyl;
(38) morpheridine;
(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
(40) noracymethadol;
(41) norlevorphanol;
(42) normethadone;
(43) norpipanone;
(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
(45) phenadoxone;
(46) phenampromide;
(47) phenomorphan;
(48) phenoperidine;
(49) piritramide;
(50) proheptazine;
(51) properidine;
(52) propiram;
(53) racemoramide;
(54) tilidine;
(55) trimeperidine;
(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide
(acetyl fentanyl);
(57)
3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-methylbenzamide(U47700);
and
(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl).
(c) Opium derivatives.� Any of the following substances, their analogs, salts, isomers, and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) acetorphine;
(2) acetyldihydrocodeine;
(3) benzylmorphine;
(4) codeine methylbromide;
(5) codeine-n-oxide;
(6) cyprenorphine;
(7) desomorphine;
(8) dihydromorphine;
(9) drotebanol;
(10) etorphine;
(11) heroin;
(12) hydromorphinol;
(13) methyldesorphine;
(14) methyldihydromorphine;
(15) morphine methylbromide;
(16) morphine methylsulfonate;
(17) morphine-n-oxide;
(18) myrophine;
(19) nicocodeine;
(20) nicomorphine;
(21) normorphine;
(22) pholcodine; and
(23) thebacon.
(d) Hallucinogens.� Any material, compound, mixture or preparation which contains any quantity of the following substances, their analogs, salts, isomers (whether optical, positional, or geometric), and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) methylenedioxy amphetamine;
(2) methylenedioxymethamphetamine;
(3) methylenedioxy-N-ethylamphetamine (MDEA);
(4) n-hydroxy-methylenedioxyamphetamine;
(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
(6) 2,5-dimethoxyamphetamine (2,5-DMA);
(7) 4-methoxyamphetamine;
(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
(9) alpha-ethyltryptamine;
(10) bufotenine;
(11) diethyltryptamine;
(12) dimethyltryptamine;
(13) 3,4,5-trimethoxyamphetamine;
(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
(15) ibogaine;
(16) lysergic acid diethylamide (LSD);
(17) mescaline;
(18) parahexyl;
(19) N-ethyl-3-piperidyl benzilate;
(20) N-methyl-3-piperidyl benzilate;
(21) psilocybin;
(22) psilocyn;
(23) tenocyclidine (TPCP or TCP);
(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine (2-CB-FLY);
(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
(40) alpha-methyltryptamine (AMT);
(41) N,N-diisopropyltryptamine (DiPT);
(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
(52) 5-methoxy-N-methyl-N-propyltryptamine 5-methoxy-N-methyl-N-isopropyltryptamine
(5-MeO-MiPT);
(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
(57) methoxetamine (MXE);
(58) 5-iodo-2-aminoindane (5-IAI);
(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
(65) N,N-Dipropyltryptamine (DPT);
(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one
(N-Ethylnorketamine, ethketamine, NENK); and
(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
(72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl
(4-AcO-MET); and
(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
(e) Peyote.� All parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds or extracts.� The listing of peyote as a controlled substance
in Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian Church, and members of the American Indian Church are exempt from registration.� Any person who manufactures peyote for or distributes peyote to the American Indian Church, however, is required to obtain federal registration annually and to comply with all other requirements of law.
(f) Central nervous system depressants.� Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the following substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) mecloqualone;
(2) methaqualone;
(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
(4) flunitrazepam; and
(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine, methoxyketamine).
(g) Stimulants.� Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the following substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) aminorex;
(2) cathinone;
(3) fenethylline;
(4) methcathinone;
(5) methylaminorex;
(6) N,N-dimethylamphetamine;
(7) N-benzylpiperazine (BZP);
(8) methylmethcathinone (mephedrone);
(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
(10) methoxymethcathinone (methedrone);
(11) methylenedioxypyrovalerone (MDPV);
(12) 3-fluoro-N-methylcathinone (3-FMC);
(13) methylethcathinone (MEC);
(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
(15) dimethylmethcathinone (DMMC);
(16) fluoroamphetamine;
(17) fluoromethamphetamine;
(18) α-methylaminobutyrophenone (MABP or buphedrone);
(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or naphyrone);
(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
(25) 4-methyl-N-ethylcathinone (4-MEC);
(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
(29) 4-fluoro-N-methylcathinone (4-FMC);
(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
(31) alpha-pyrrolidinobutiophenone (α-PBP);
(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
(34)
6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB); and
(35) 4-methyl-alpha-ethylaminopentiophenone
(4-MEAPP);
(36)
4'-chloro-alpha-pyrrolidinopropiophenone (4-chloro-PPP);
(37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one
(dibutylone, bk-DMBDB); and
(38) any other substance, except bupropion or compounds listed under a different schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an acyclic alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids.� Unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of the following substances, their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible:
(1) marijuana;
(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic equivalents of the substances contained in the cannabis plant or in the resinous extractives of the plant, or synthetic substances with similar chemical structure and pharmacological activity to those substances contained in the plant or resinous extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
(3) synthetic cannabinoids, including the following substances:
(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. �Examples of naphthoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
(ii) Napthylmethylindoles, which are any compounds containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.� Examples of naphthylmethylindoles include, but are not limited to:
(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent.� Examples of naphthoylpyrroles include, but are not limited to, (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent.� Examples of naphthylemethylindenes include, but are not limited to, E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent.� Examples of phenylacetylindoles include, but are not limited to:
(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(vi) Cyclohexylphenols, which are compounds containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted in the cyclohexyl ring to any extent.� Examples of cyclohexylphenols include, but are not limited to:
(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (Cannabicyclohexanol or CP 47,497 C8 homologue);
(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] -phenol (CP 55,940).
(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.� Examples of benzoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN 48,098 or Pravadoline).
(viii) Others specifically named:
(A)
(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
(HU-210);
(B)
(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
(C)
2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (XLR-11);
(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide (AKB-48(APINACA));
(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5-Fluoro-AKB-48);
(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide (AB-PINACA);
(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 1H-indazole-3-carboxamide (AB-FUBINACA);
(L)
N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-
indazole-3-carboxamide(AB-CHMINACA);
(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate (5-fluoro-AMB);
(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone) (FUBIMINA);
(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo [2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
(Q)
(S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
-1H-indole-3-carboxamide (5-fluoro-ABICA);
(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) -1H-indole-3-carboxamide;
(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) -1H-indazole-3-carboxamide;
(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
(U)
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1
H-indazole-3-carboxamide (MAB-CHMINACA);
(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide (ADB-PINACA);
(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
(X)
N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-3-carboxamide.� (APP-CHMINACA); and
(Y) quinolin-8-yl
1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and
(Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA).
(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended for human consumption.
EFFECTIVE DATE.� This section is effective August 1, 2017, and
applies to crimes committed on or after that date.
Sec. 2.� Minnesota Statutes 2016, section 152.02, subdivision 12, is amended to read:
Subd. 12.� Coordination
of controlled substance regulation with federal law and state statute.� (a) If any substance is
designated, rescheduled, or deleted as a controlled substance under federal law
and notice thereof is given to the state Board of Pharmacy, the state
Board of Pharmacy shall may similarly and temporarily
control the substance under this chapter, after the expiration of 30 days
from publication in the Federal Register of a final order designating a
substance as a controlled substance or rescheduling or deleting a substance.� Such order shall be filed with the secretary
of state.� If within that 30-day period,
the state Board of Pharmacy objects to inclusion, rescheduling, or deletion, it
shall publish the reasons for objection and afford all interested parties an
opportunity to be heard.� At the
conclusion of the hearing, the state Board of Pharmacy shall publish its
decision, which shall be subject to the provisions of chapter 14 by
issuing an order and causing it to be published in the State Register and filed
with the secretary of state.� In issuing
the order, the board is not required to engage in rulemaking.� The order expires no later than 12 months
after the date of issue and may not be renewed.�
After issuing the order, the board may permanently schedule the
substance only by exercising the authority granted to it under subdivision 8.
In exercising the authority granted by
this chapter, the state Board of Pharmacy shall be subject to the provisions of
chapter 14.
(b) The state Board of Pharmacy shall annually submit a report to the legislature on or before December 1 that specifies what changes the board made to the controlled substance schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in the preceding 12 months.� The report must also specify any orders issued by the board under this subdivision.� The report must include specific recommendations for amending the controlled substance schedules contained in subdivisions 2 to 6, so that they conform with the controlled substance schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, and with the federal schedules.
Sec. 3.� Minnesota Statutes 2016, section 152.02, is amended by adding a subdivision to read:
Subd. 14.� Procedural requirements.� Except as otherwise permitted in this section, the Board of Pharmacy is subject to the provisions of chapter 14 in exercising the authority granted by this chapter."
Delete the title and insert:
"A bill for an act relating to public safety; modifying certain provisions relating to courts, public safety, corrections, crime, and controlled substances; requesting reports; providing for penalties; appropriating money for public safety, courts, corrections, Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, Sentencing Guidelines, Peace Officer Standards and Training (POST) Board, and Private Detective Board; amending Minnesota Statutes 2016, sections 2.722, subdivision 1; 3.739, subdivision 1; 12.221, subdivision 6; 12B.15, subdivision 2; 13.69, subdivision 1; 152.02, subdivisions 2, 12, by adding a subdivision; 152.105; 171.015, by adding a subdivision; 243.05, subdivision 1; 243.17, subdivision 1; 243.49; 244.05, subdivision 3; 244.198, by adding a subdivision; 271.21, subdivision 2; 299A.55, subdivision 2; 299A.707, subdivision 2; 299C.46, subdivision 6; 357.021, subdivision 2; 357.42; 358.116; 480.242, subdivision 2; 484.70, subdivision 7; 484.702, by adding a subdivision; 486.05, subdivision 1; 486.06; 518.179, subdivision 2; 609.14, by adding a subdivision; 609.475; 609.48, by adding a subdivision; 609.595, subdivisions 1, 2, by adding a subdivision; 609.605, by adding a subdivision; 609.748, subdivisions 3, 3a, 4, 5, by adding subdivisions; 624.714, subdivision 17; 631.52, subdivision 2; 634.36; Laws 2009, chapter 59, article 3, section 4, subdivisions 3, as amended, 8, as amended, 9, as amended; proposing coding for new law in Minnesota Statutes, chapters 134A; 609; 626; repealing Minnesota Statutes 2016, sections 486.05, subdivision 1a; 525.112."
����� We request the adoption of this report and
repassage of the bill.
����� House Conferees: �Tony
Cornish, Brian Johnson, Nick Zerwas, Peggy Scott and Debra Hilstrom.
����� Senate Conferees: �Warren
Limmer, Jerry Relph, Mark Johnson and
Bruce D. Anderson.
����� Cornish moved that the report of the
Conference Committee on H. F. No. 470 be adopted and that the
bill be repassed as amended by the Conference Committee.
����� A roll call was requested and properly
seconded.
����� Mahoney was excused between the hours of
3:10 p.m. and 3:40 p.m.
����� Speaker pro tempore Albright called
Garofalo to the Chair.
����� The question was taken on the Cornish
motion and the roll was called.� There
were 89 yeas and 38 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bliss
Carlson, A.
Christensen
Considine
Cornish
Daniels
Davids
Dean,
M.
Dettmer
Erickson
Fabian
Fenton
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Heintzeman
Hertaus
Hilstrom
Hoppe
Hortman
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lien
Lillie
Loon
Loonan
Lucero
Lueck
Marquart
Masin
McDonald
Metsa
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Poston
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Allen
Bernardy
Bly
Carlson, L.
Davnie
Drazkowski
Ecklund
Fischer
Flanagan
Freiberg
Hansen
Hausman
Hornstein
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Loeffler
Lohmer
Mariani
Moran
Murphy, E.
Nelson
Olson
Omar
Pinto
Pryor
Pugh
Sauke
Schultz
Slocum
Sundin
Wagenius
Ward
Youakim
����� The
motion prevailed.
����� H. F. No. 470, A
bill for an act relating to public safety; creating the crime of tampering with
a public safety motor vehicle; establishing
criminal penalties; amending Minnesota Statutes 2016, section 609.595,
subdivisions 1, 2, by adding a subdivision.
����� The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
����� The question was taken on the repassage of
the bill and the roll was called.� There
were 98 yeas and 36 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bliss
Carlson, A.
Christensen
Considine
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Heintzeman
Hertaus
Hilstrom
Hoppe
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Layman
Lien
Lillie
Lohmer
Loon
Loonan
Lucero
Lueck
Marquart
Masin
Maye Quade
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Scott
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
���������� Those who voted in the negative were:
Allen
Bernardy
Bly
Carlson, L.
Clark
Davnie
Dehn, R.
Fischer
Flanagan
Freiberg
Hamilton
Hansen
Hausman
Hornstein
Johnson, S.
Kunesh-Podein
Lee
Lesch
Liebling
Loeffler
Mahoney
Mariani
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pinto
Schultz
Slocum
Thissen
Wagenius
Ward
Youakim
����� The bill was repassed, as amended by
Conference, and its title agreed to.
MESSAGES FROM
THE SENATE, Continued
����� The
following message was received from the Senate:
Mr. Speaker:
I hereby announce that the Senate refuses to adopt the Conference Committee report on:
H. F. No. 1443, A bill for an act relating to commerce; regulating insurance fraud; modifying certain penalties and notices; defining a term; clarifying the authority of the Commerce Fraud Bureau to apply for or execute search warrants; amending Minnesota Statutes 2016, sections 13.82, subdivision 17; 45.0135, subdivision 9; 60A.27, subdivision 1; 65B.84, by adding a subdivision; 626.05, subdivision 2.
The Senate requests that H. F. No. 1443 be returned to the Conference Committee as formerly constituted.
Said House File is returned to the House.
Cal R. Ludeman, Secretary of the Senate
MOTIONS FOR RECONSIDERATION
Loonan moved that the vote whereby H. F. No. 1443, as amended by Conference, was repassed on Saturday, May 20, 2017, be now reconsidered.� The motion prevailed.
Loonan moved that the vote whereby the report of the Conference Committee on H. F. No. 1443 was adopted on Saturday, May 20, 2017, be now reconsidered.� The motion prevailed.
Loonan moved that H. F. No. 1443 be returned to the Conference Committee.� The motion prevailed.
MOTION TO FIX TIME TO CONVENE
����� Peppin moved that when the House adjourns
today it adjourn until 12:00 noon, Tuesday, February 20, 2018.� The motion prevailed.
���������� Peppin moved that the House recess
subject to the call of the Chair.� The
motion prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to
order by Speaker pro tempore Albright.
����� Mariani was excused between the hours of
10:15 p.m. and 10:35 p.m.
MESSAGES FROM
THE SENATE, Continued
����� The
following message was received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 550.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.� Said Senate File is herewith transmitted to the House.
Cal R. Ludeman, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 550
A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; modifying requirements for receipt of fund money; amending Minnesota Statutes 2016, sections 116P.05, subdivision 2; 116P.17, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 477A.
May 22, 2017
The Honorable Michelle L. Fischbach
President of the Senate
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 550 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 550 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1.� APPROPRIATIONS.� |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this act.� The
appropriations are from the environment and natural resources trust fund, or
another named fund, and are available for the fiscal years indicated for each
purpose.� The figures "2017,"
"2018," and "2019" used
in this act mean that the appropriations listed under them are available for
the fiscal year ending June 30, 2017, June 30, 2018, or June 30, 2019,
respectively.� "The first year"
is fiscal year 2018.� "The second
year" is fiscal year 2019.� "The
biennium" is fiscal years 2018 and 2019.�
Appropriations for fiscal year 2017 are available the day following
final enactment.
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APPROPRIATIONS |
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|
Available for the Year |
||
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Ending June 30 |
||
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2017 |
2018 |
2019 |
||
Sec. 2.� MINNESOTA
RESOURCES |
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|
|
Subdivision 1.� Total Appropriation |
$8,428,000 |
|
$50,733,000 |
|
$5,089,000 |
The amounts that may be spent for each purpose are
specified in the following subdivisions.�
Appropriations for fiscal years 2018 and 2019 are available for two
years beginning July 1, 2017, for fiscal year 2018 appropriations and beginning
July 1, 2018, for fiscal year 2019 appropriations, unless otherwise stated in
the appropriation.� Any unencumbered
balance remaining in the first year does not cancel and is available for the
second year or until the end of the appropriation.� Appropriations for fiscal year 2017 are available
until June 30, 2018, unless otherwise stated in the appropriation.
Subd. 2.� Definition
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|
"Trust fund" means the Minnesota environment and
natural resources trust fund established under the Minnesota Constitution,
article XI, section 14.
Subd. 3.� Foundational Natural Resource Data and Information |
2,000,000 |
|
7,872,000 |
|
89,000 |
(a) County
Geologic Atlases - Continuation |
|
|
|
|
$2,000,000 in fiscal year 2017 is from the trust fund to
the Board of Regents of the University of Minnesota, Minnesota Geological
Survey, to continue acceleration of the production of county geologic atlases
for the purpose of sustainable management of surface water and groundwater
resources.� This appropriation is to
complete Part A of county geologic atlases, which focuses on the properties and
distribution of earth materials in order to define aquifer boundaries and the
connection of aquifers to the land
surface
and surface water resources.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
(b) Assessment of Public Benefits of Protecting Source Water |
|
|
|
$320,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to map and quantify
source water risks, determine ecosystem service valuation of clean water, and
provide analyses of equity and community capacity to improve decisions about
the protection and management of groundwater and surface water.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(c) Preserving Minnesota Prairie Plant Diversity - Phase II |
|
|
|
$900,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to continue
collecting and preserving germplasm of plants throughout Minnesota's prairie
region, study the microbial effects that promote plant health, analyze local adaptation, and evaluate the
adaptive capacity of prairie plant populations.�
This appropriation is available until June 30, 2020, by which
time the project must be completed and final products delivered.
(d) Minnesota Biological Survey - Continuation |
|
|
|
|
$2,900,000 the first year is from the
trust fund to the commissioner of natural resources for continuation of the
Minnesota biological survey to provide a foundation for conserving biological
diversity by systematically collecting, interpreting, monitoring, and
delivering data on plant and animal distribution and ecology, native plant
communities, and functional landscapes.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
(e) Minnesota
Wildflowers Online Botanical Reference - Phase II |
|
|
|
$270,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Minnesota
Wildflowers Information to continue surveying and imaging plant species and
publishing species profiles for a plant identification reference Web site
available to the public and land managers.�
Images acquired and information compiled using these funds are for
purposes of public information available on a Web site.� If the organization is no longer able to
maintain the Web site, the organization must work with the state and the
University of Minnesota, Bell Museum of
Natural History, to ensure the materials remain publicly available on
the Web.� This appropriation is available
until June 30
(f) Assessment
of Microbes for Improving Wild Rice Restoration |
|
|
|
$334,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota, Natural Resources
Research Institute, to evaluate the microbial communities and nutrients
associated with wild rice and competing vegetation, with the goal of enhancing
restoration success to increase the abundance of wild rice.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(g) Drainage Records Modernization Cost Share - Phase II |
|
|
|
$540,000 the first year is from the trust
fund to the Board of Water and Soil Resources to facilitate statewide
modernization of public drainage records under Minnesota Statutes, chapter
103E, and integrate new specifications into existing drainage records
modernization guidelines through matching cost-share grants to drainage
authorities.� This appropriation is
available until June 30, 2020, by which time the project must be completed and
final products delivered.
(h) Groundwater Contamination Mapping |
|
|
|
|
$400,000 the first year is from the trust
fund to the commissioner of the Pollution Control Agency to develop a Web-based
interactive map of groundwater contamination to improve protection of
groundwater resources for drinking water.�
This appropriation is available until June 30, 2020, by which time the
project must be completed and final products delivered.
(i) Landslide Susceptibility, Mapping, and Management Tools |
|
|
|
$500,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to create landslide
susceptibility maps using a landslide inventory and quantitative analysis of
LiDAR to provide tools and data for mitigation and restoration to reduce
impacts on water resources.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
(j) Moose Calf Surveys and Monitoring |
|
|
|
|
$348,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to assess the use
of unmanned aerial vehicles in natural resource monitoring of moose populations
and changes in ecosystems.
(k) |
|
|
|
$398,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota, Cedar Creek Ecosystem
Science Reserve, to assess wolf recolonization impacts on wildlife,
biodiversity, and natural resources and provide educational opportunities at
Cedar Creek Ecosystem Science Reserve.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
(l) Effects of Wolf Predation on Beaver, Moose, and Deer |
|
|
|
|
$293,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Voyageurs National
Park to assess the effects of wolf predation on beaver, moose, and deer in the
Border Lakes region.� This appropriation
is available until June 30, 2020, by which time the project must be completed
and final products delivered.
(m) Mapping Taxonomy and Environmental Toxicology of Minnesota Freshwater Sponges |
|
|
|
$258,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota, Crookston, to
determine freshwater sponge distribution, identify and quantify accumulated
contaminants, and provide educational research opportunities to undergraduate students.� This appropriation is available until June 30,
2020, by which time the project must be completed and final products delivered.
(n) Pollinator Research and Outreach |
|
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|
$411,000 the first year and $89,000 the
second year are from the trust fund to the Board of Regents of the University
of Minnesota for pollinator research and outreach, including, but not limited
to, science-based best practices and the identification and establishment of
habitat beneficial to pollinators.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
Subd. 4.� Water
Resources |
|
-0-
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|
3,175,000
|
|
-0-
|
(a) Assessment of Household Chemicals and Herbicides in Rivers and Lakes |
|
|
|
$236,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to quantify
environmental levels of household chemical and herbicide ingredients in rivers
and lakes and assess their potential to form toxic by-products.
(b) Wastewater Nitrogen Removal Technology to Protect Water Quality |
|
|
|
$450,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to develop a
technology for inexpensive low-energy nitrogen removal in wastewater.� This appropriation is subject to Minnesota
Statutes, section 116P.10.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
(c) Rearing Native Mussels for Reintroduction and Expanding Water Quality Awareness |
|
|
|
$591,000 the first year is from the trust
fund to the Minnesota Zoological Garden in cooperation with the Department of
Natural Resources to accelerate the reintroduction of native mussels into
Minnesota rivers and streams through expanded mussel rearing, research, and
statewide educational activities promoting mussel conservation and water
quality.� This appropriation is available
until June 30, 2020, by which time the project must be completed and final
products delivered.
(d) Water Quality Monitoring in Southeastern Minnesota Trout Streams |
|
|
|
$500,000 the first year is from the trust
fund to the Board of Trustees of Minnesota State Colleges and Universities,
Winona State University, to develop a system of biological monitoring for water
quality protection of trout streams in southeastern Minnesota.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products delivered.
(e) Reassessing Toxicity of Petrochemical Spills on Groundwater and Surface Waters |
|
|
|
$300,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the
University of St. Thomas to reassess long-term effects of oil spills
through the analysis of chemical parameters related to oil degradation and
evaluate the impacts on aquatic species, groundwater, and surface waters.� This appropriation is available until June
30, 2021, by which time the project must be completed and final products
delivered.
(f) Assessment of Water Quality for Reuse |
|
|
|
|
$148,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to collect and
analyze pathogen data for evaluation of water reuse in order to maximize water
reuse and protect groundwater and surface water quality.
(g) Identification of Chemicals of Emerging Concern in Minnesota Fish |
|
|
|
$400,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the Grand
Portage Band of Lake Superior Chippewa to identify chemicals of emerging
concern and metals in fish, water, and sediments from approximately 30 water
bodies in northeastern Minnesota used for subsistence harvest and recreation.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(h) Techniques for Water Storage Estimates in Central Minnesota |
|
|
|
$250,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to improve water
storage estimates in groundwater, soil moisture, streams, lakes, and wetlands
through integration of satellite monitoring and ground‑based measurements
in central Minnesota.� This appropriation
is available until June 30, 2020, by which time the project must be completed
and final products delivered.
(i) Assessing Release of Mercury and Sulfur on Aquatic Communities |
|
|
|
$300,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to determine the
effects of increased temperatures on the release of mercury and sulfur from
Minnesota peatlands to predict impacts on aquatic communities and fish health.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
Subd. 5.� Environmental Education |
-0-
|
|
2,988,000
|
|
-0-
|
(a) Connecting Youth to Minnesota Waterways through Outdoor Classrooms |
|
|
|
$1,200,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Wilderness
Inquiry to provide place-based environmental education science water
experiences to approximately 20,000 middle- and high-school students.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(b) Increasing Diversity in Environmental Careers |
|
|
|
|
$487,000 the first year is from the trust
fund to the commissioner of natural resources in cooperation with Conservation
Corps Minnesota and Iowa to encourage a diversity of students to pursue
careers
in environment and natural resources through internships and mentorships with
the Department of Natural Resources, the Board of Water and Soil Resources, and
the Pollution Control Agency.� This
appropriation is available until June 30, 2022, by which time the project must
be completed and final products delivered.
(c) Interactive Water Resource Programs for Planetariums in Minnesota |
|
|
|
$500,000 the first year is from the trust fund to the Board
of Regents of the University of Minnesota, Bell Museum of Natural History, to
create an interactive planetarium program on water resources, reaching
approximately 400,000 citizens statewide through the Bell Museum Planetarium, St. Paul
Public Schools, Mayo High School, Mankato East High School, Southwest Minnesota
State University, Minnesota State University Moorhead, and University of
Minnesota Duluth.� This appropriation is
available until June 30, 2022, by which time the project must be completed and
final products delivered.
(d) Expanding
Raptor Center Online Education |
|
|
|
|
$270,000 the first year is from the trust fund to the Board
of Regents of the University of Minnesota, Raptor Center, to provide
environmental education for approximately 15,000 middle-school students and 600
teachers, combining classroom learning and outdoor experiences with technology,
scientific investigation of birds, and conservation projects.� This appropriation is available until June
30, 2022, by which time the project must be completed and final products
delivered.
(e) Local Planning and Implementation Efforts for Bird Habitat |
|
|
|
$280,000 the first year is from the trust fund to the
commissioner of natural resources for an agreement with the National Audubon
Society, Minnesota office, to engage approximately 60 communities and
400,000 citizens in bird habitat improvement through local planning and
implementation efforts using the National Audubon Bird City program.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(f) Developing Youth Watershed Stewardship in Northwest Minnesota |
|
|
|
$121,000 the first year is from the trust fund to the
commissioner of natural resources for an agreement with the Headwaters Science
Center to accelerate a multiyear environmental science club for middle-school
students focused on water quality, watershed
evaluation,
and aquatic invasive species in northwestern Minnesota.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(g) Increasing Residential Environmental Learning Center Opportunities |
|
|
|
$130,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the Audubon
Center of the North Woods to provide scholarship opportunities for a minimum of
1,000 students that are not currently served through other residential environmental
education learning centers.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
Subd. 6.� Aquatic and Terrestrial Invasive Species |
2,700,000
|
|
2,021,000
|
|
-0-
|
(a) Aquatic Invasive Species Research Center - Phase II |
|
|
|
|
$2,700,000 in fiscal year 2017 is from the
trust fund to the Board of Regents of the University of Minnesota to support
the Minnesota Aquatic Invasive Species Research Center in finding solutions to
Minnesota's aquatic invasive species problems through research, control,
prevention, and early detection of existing and emerging aquatic invasive
species threats.� This appropriation is
available until June 30, 2021, by which time the project must be completed and
final products delivered.
(b) Emerald Ash Borer Biocontrol - Phase III |
|
|
|
|
$729,000 the first year is from the trust
fund to the commissioner of agriculture in cooperation with the Board of
Regents of the University of Minnesota to implement biocontrol of emerald ash
borer using a newly approved parasitic wasp, assess the impact of the statewide
program, and engage citizen volunteers.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
(c) Invasive Bighead and Silver Carp and Native Fish Evaluation - Phase II |
|
|
|
$500,000 the first year is from the trust
fund to the commissioner of natural resources to continue invasive bighead and
silver carp monitoring in the Mississippi River and tributaries through
advanced acoustic telemetry and assess food chains to determine how native
species might prevent invasive bighead and silver carp establishment.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(d) Adapting Stream Barriers to Remove Common Carp |
|
|
|
$301,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to conduct field
tests at existing barrier sites and laboratory experiments to adapt a
technology to remove common carp from streams during carp spawning migrations
in Minnesota.
(e) Tactical Invasive Plant Management Plan Development |
|
|
|
$296,000 the first year is from the trust
fund to the commissioner of agriculture in cooperation with the Board of
Regents of the University of Minnesota to develop regional priorities and an
interagency action plan for invasive plant management to protect and promote
habitat and native species.� This appropriation
is available until June 30, 2020, by which time the project must be completed
and final products delivered.
(f) Maximize Value of Water Impoundments to Wildlife |
|
|
|
$195,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the
National Audubon Society, Minnesota office, to control invasive hybrid cattails
in water impoundments to improve habitat quality for migrating and breeding
birds.� This appropriation is available
until June 30, 2020, by which time the project must be completed and final
products delivered.
Subd. 7.� Air Quality, Climate Change, and Renewable Energy |
-0-
|
|
3,250,000
|
|
-0-
|
(a) Extraction of Solar Thermal Energy in Minnesota |
|
|
|
|
$250,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to develop new
solar particle receivers as a low-cost, high-efficiency, and clean technology
to absorb, store, and utilize solar thermal energy.� This appropriation is subject to Minnesota
Statutes, section 116P.10.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
(b) Assessment of Urban Air Quality |
|
|
|
|
$700,000 the first year is from the trust
fund to the commissioner of the Pollution Control Agency to set up and operate
a network of 250 air pollution sensors at 50 sites to monitor fine particles,
ozone, nitrogen oxides, sulfur dioxide, and carbon monoxide in each zip code
for the cities of Minneapolis and St. Paul to assess variability of urban
air pollution.� This appropriation is
available until June 30, 2020, by which time the project must be completed and
final products delivered.
(c) Generation, Storage, and Utilization of Solar Energy |
|
|
|
$500,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota, West Central
Research and Outreach Center, Morris, to develop and demonstrate an integrated
facility to generate electricity, shade dairy cattle, and provide energy
storage and utilization from solar technologies at the West Central Research
and Outreach Center, Morris.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
(d) District Heating with Renewable Biomass at Camp Ripley Training Center |
|
|
|
$1,000,000 the first year is from the
trust fund to the commissioner of military affairs to install a 5,000,000-BTU
centralized biomass boiler system utilizing the forestry management at Camp
Ripley.� This appropriation must be
matched by at least $900,000 of nonstate money and must be committed by
December 31, 2017.� This appropriation is
available until June 30, 2020, by which time the project must be completed and
final products delivered.
(e) Geotargeted Distributed Clean Energy Initiative |
|
|
|
$800,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the Center
for Energy and Environment.� Of this
amount, $600,000 is for analysis of community-distributed clean energy
investments as alternatives to utility capital investments for transmission and
distribution upgrades to meet forecasted electrical loads, and $200,000 is to
conduct pilot programs using energy efficiency and other distributed energy
resources to achieve forecasted electric energy loads in communities.� The appropriation for pilot programs is
contingent on a $200,000 match of an equal or greater amount of nonstate money.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
Subd. 8.� Methods to Protect or Restore Land, Water, and Habitat |
2,729,000
|
|
16,554,000
|
|
5,000,000
|
(a) Optimizing the Nutrition of Roadside Plants for Pollinators |
|
|
|
$815,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota in cooperation with
the Departments of Agriculture, Natural Resources, and Transportation and the
Board of Water and Soil Resources to produce site-specific recommendations for
roadside plantings in Minnesota to maximize the nutritional health of native
bees and monarch butterflies that
rely
on roadside habitat corridors.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
(b) Promoting Conservation Biocontrol of Beneficial Insects |
|
|
|
$400,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota to research
integrated pest management strategies, including insecticide alternatives, and
overwintering habitat sites to conserve beneficial insects, including bees,
butterflies, and predator insects.� The
integrated pest management strategies will be used to develop best management
practices to increase pollinator and beneficial insect diversity and abundance
in various restored habitats.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
(c) Evaluating the Use of Bison to Restore and Preserve Savanna Habitat |
|
|
|
$388,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota, Cedar Creek
Ecosystem Science Reserve, to research combined bison grazing and fire
management strategies to restore Minnesota's oak savanna ecosystems.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(d) State Park Pollinator Habitat Restoration |
|
|
|
|
$672,000 the first year is from the trust
fund to the commissioner of natural resources to restore at least 520 acres of
monarch butterfly and other native pollinator habitats in at least seven state
parks in the Minnesota Prairie Conservation Plan core areas and establish pollinator
plantings and interpretive exhibits in at least ten state parks.� This appropriation is available until June
30, 2021, by which time the project must be completed and final products
delivered.
(e) Enhancing Spawning Habitat Restoration in Minnesota Lakes |
|
|
|
$294,000 the first year is from the trust
fund to the Board of Regents of the University of Minnesota, St. Anthony
Falls Laboratory, in cooperation with the Department of Natural Resources to
enhance efforts to increase natural reproduction of fish in Minnesota lakes by
assessing wave energy impacts on near-shore
spawning habitat.� This appropriation is
available until June 30, 2020, by which time the project must be
completed and final products delivered.
(f) Prescribed-Fire Management for Roadside Prairies |
|
|
|
$345,000 the first year is from the trust
fund to the commissioner of transportation to enhance the prescribed-fire
program to manage roadsides to protect and increase biodiversity and pollinator
habitat.� This appropriation is available
until June 30, 2020, by which time the project must be completed and final
products delivered.
(g) Minnesota Bee and Beneficial Species Habitat Restoration |
|
|
|
$732,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Pheasants
Forever in cooperation with the University of Minnesota and the Minnesota Honey
Producers Association to restore approximately 800 acres of permanently
protected land to enhance bee, butterfly, beneficial insect, and grassland bird
habitats.� This appropriation is
available until June 30, 2021, by which time the project must be completed and
final products delivered.
(h) Mississippi and Vermillion Rivers Restoration of Prairie, Savanna, and Forest Habitat - Phase X |
|
|
|
$213,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Friends of
the Mississippi River for continued implementation of the Metro Conservation
Corridors partnership by improving at least 80 acres of habitat at
approximately seven sites along the Mississippi River and Vermillion River
corridors.� Expenditures are limited to
the identified project corridor areas as defined in the work plan.� A list of proposed restoration sites must be
provided as part of the required work plan.�
Plant and seed materials must follow the Board of Water and Soil
Resources' native vegetation establishment and enhancement guidelines.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(i) Community Stewardship to Restore Urban Natural Resources - Phase X |
|
|
|
$524,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with Great River
Greening to work with volunteers for continued implementation of the Metro
Conservation Corridors partnership to restore approximately 250 acres of
forest, prairie, woodland, wetland, and shoreline throughout the greater Twin
Cities metropolitan area.� Expenditures
are limited to the identified project corridor areas as defined in the work
plan.� A list of proposed restoration
sites and evaluations must be provided as part of the required work plan.� Plant and seed materials must follow the
Board of Water and Soil
Resources'
native vegetation establishment and enhancement guidelines.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(j) Economic Assessment of Precision Conservation and Agriculture |
|
|
|
$400,000 the first year is from the trust fund to the
commissioner of natural resources for an agreement with Pheasants Forever to
demonstrate a new approach to promote conservation practices utilizing
return-on-investment analysis and identifying revenue‑negative acres on
agricultural land to assist farmers in implementing conservation practices that
will provide environmental and economic benefits.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(k) Conservation Reserve Enhancement Program (CREP) Outreach and Implementation |
|
|
|
$6,000,000 the first year is from the trust fund to the
Board of Water and Soil Resources to fund staff at soil and water conservation
districts to assist landowners participating in the federal Conservation
Reserve Enhancement Program.� This
appropriation is contingent upon receipt of federal funds for implementation.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(l) Conservation Reserve Enhancement Program (CREP) |
|
|
|
$2,729,000 in fiscal year 2017 and $5,771,000 the first
year and $5,000,000 the second year are from the trust fund to the Board of
Water and Soil Resources to acquire permanent conservation easements and
restore land under Minnesota Statutes, section 103F.515.� This work may be done in cooperation with the
federal Conservation Reserve Enhancement Program.� This appropriation is available until June 30,
2021, by which time the project must be completed and final products delivered.
Subd. 9.� Land Acquisition, Habitat, and Recreation |
999,000 |
|
13,533,000 |
|
-0- |
(a) Metropolitan
Regional Parks System Land Acquisition |
|
|
|
|
$1,500,000 the first year is from the trust fund to the
Metropolitan Council for grants to acquire approximately 197 acres of land
within the approved park boundaries of the metropolitan regional park system.� This appropriation may not be used to
purchase habitable residential structures.�
A list of proposed fee title
acquisitions
must be provided as part of the required work plan.� This appropriation must be matched by at
least 40 percent of nonstate money that must be committed by December 31, 2017.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(b) Scientific and Natural Areas Acquisition and Restoration, Citizen Science, and Engagement |
|
|
|
$2,500,000 the first year is from the
trust fund to the commissioner of natural resources to acquire at least 250
acres of land with high‑quality native plant communities and rare
features to be established as scientific and
natural areas as provided in Minnesota Statutes, section 86A.05, subdivision 5,
restore and improve at least 1,000 acres of scientific and natural
areas, and provide technical assistance and outreach, including site steward
events.� At least one-third of the
appropriation must be spent on restoration activities.� A list of proposed acquisitions and
restorations must be provided as part of the required work plan.� Land acquired with this appropriation must be
sufficiently improved to meet at least minimum management standards, as
determined by the commissioner of natural resources.� When feasible, consideration must be given to
accommodate trails on lands acquired.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
(c) Minnesota State Parks and State Trails Land Acquisition |
|
|
|
$1,500,000 the first year is from the
trust fund to the commissioner of natural resources to acquire approximately
373 acres from willing sellers for authorized state trails and critical parcels
within the statutory boundaries of state parks.�
State park land acquired with this appropriation must be sufficiently
improved to meet at least minimum management standards, as determined by the
commissioner of natural resources.� A
list of proposed acquisitions must be provided as part of the required work
plan.� This appropriation is available
until June 30, 2020, by which time the project must be completed and final
products delivered.
(d) Minnesota State Trails Acquisition, Development, and Enhancement |
|
|
|
$999,000 in fiscal year 2017 and $39,000
the first year are from the trust fund to the commissioner of natural resources
for state trail acquisition, development, and enhancement in southern Minnesota.� A proposed list of trail projects on
authorized state trails must be provided as part of the required work plan.� This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
(e) Native Prairie Stewardship and Prairie Bank Easement Acquisition |
|
|
|
$2,675,000 the first year is from the
trust fund to the commissioner of natural resources to acquire native prairie
bank easements in accordance with Minnesota Statutes, section 84.96, on
approximately 335 acres, prepare baseline property assessments, restore and
enhance at least 570 acres of native prairie sites, and provide technical
assistance to landowners.� Of this
amount, up to $132,000 may be deposited in a conservation easement stewardship
account.� Deposits into the conservation
easement stewardship account must be made upon closing on conservation
easements or at a time otherwise approved in the work plan.� A list of proposed easement acquisitions must
be provided as part of the required work plan.�
This appropriation is available until June 30, 2020, by which time the
project must be completed and final products delivered.
(f) Leech Lake Acquisition |
|
|
|
|
$1,500,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with the
Leech Lake Band of Ojibwe to acquire approximately 45 acres, including 0.67
miles of shoreline of high-quality aquatic and wildlife habitat at the historic
meeting place between Henry Schoolcraft and the Anishinabe people.� The land must be open to public use including
hunting and fishing.� The band must provide
a commitment that land will not be put in a federal trust through the Bureau of
Indian Affairs.
(g) Mesabi Trail Development |
|
|
|
|
$2,269,000 the first year is from the
trust fund to the commissioner of natural resources for an agreement with the St. Louis
and Lake Counties Regional Railroad Authority for engineering and constructing
segments of the Mesabi Trail.� This
appropriation is available until June 30, 2020, by which time the project must
be completed and final products delivered.
(h) Tower Trailhead Boat Landing and Habitat Improvement - Phase II |
|
|
|
$600,000 the first year is from the trust
fund to the commissioner of natural resources for an agreement with the city of
Tower to construct a trailhead and boat landing and restore vegetative habitat
on city-owned property.� Plant and seed
materials must follow the Board of Water and Soil Resources' native vegetation
establishment and enhancement guidelines.�
This appropriation is available until June 30, 2020, by which time the
project must be completed and final products delivered.
(i) Land Acquisition for Voyageurs National Park Crane Lake Visitors Center |
|
|
|
$950,000 the first year is from the trust fund to the
commissioner of natural resources for an agreement with the town of Crane Lake,
in partnership with Voyageurs National Park and the Department of Natural
Resources, to acquire approximately 30 acres to be used for a visitor center
and campground.� Income generated by the
campground may be used to support the facility.
Subd. 10.� Administration and Contract Agreement Reimbursement |
-0- |
|
1,340,000 |
|
-0- |
(a) Contract
Agreement Reimbursement |
|
|
|
|
$135,000 the first year is from the trust fund to the
commissioner of natural resources, at the direction of the Legislative-Citizen
Commission on Minnesota Resources, for expenses incurred for contract agreement
reimbursement for the agreements specified in this section.� The commissioner shall provide documentation
to the Legislative-Citizen Commission on Minnesota Resources on the expenditure
of these funds.
(b) Legislative-Citizen Commission on Minnesota Resources (LCCMR) Administration |
|
|
|
$1,200,000 the first year is from the trust fund to the
Legislative‑Citizen Commission on Minnesota Resources for administration
in fiscal years 2018 and 2019 as provided in Minnesota Statutes, section
116P.09, subdivision 5.
(c) Legislative
Coordinating Commission Legacy Web site |
|
|
|
|
$5,000 the first year is from the trust fund to the
Legislative Coordinating Commission for the Web site required in Minnesota
Statutes, section 3.303, subdivision 10.
Subd. 11.� Availability
of Appropriations |
|
|
|
|
Money appropriated in this section may not be spent on
activities unless they are directly related to and necessary for a specific
appropriation and are specified in the work plan approved by the
Legislative-Citizen Commission on Minnesota Resources.� Money appropriated in this section must not
be spent on indirect costs or other institutional overhead charges that are not
directly related to and necessary for a specific appropriation.� Costs that are directly related to and
necessary for an appropriation, including financial services, human resources,
information services, rent, and utilities, are eligible only if the costs can
be clearly justified and individually documented specific to the
appropriation's purpose and would not be generated by the recipient but for
receipt of the
appropriation.� No broad allocations for costs in either
dollars or percentages are allowed.� Unless
otherwise provided, the amounts in this section are available until June 30,
2019, when projects must be completed and final products delivered.� For acquisition of real property, the
appropriations in this section are available for an additional fiscal year if a
binding contract for acquisition of the real property is entered into before
the expiration date of the appropriation.�
If a project receives a federal grant, the time period of the
appropriation is extended to equal the federal grant period.
Subd. 12.� Data
Availability Requirements |
|
|
|
|
Data collected by the projects funded under
this section must conform to guidelines and standards adopted by MN.IT Services.� Spatial data must also conform to additional
guidelines and standards designed to support data coordination and distribution
that have been published by the Minnesota Geospatial Information Office.� Descriptions of spatial data must be prepared
as specified in the state's geographic metadata guideline and must be submitted
to the Minnesota Geospatial Information Office.�
All data must be accessible and free to the public unless made private
under the Data Practices Act, Minnesota Statutes, chapter 13.� To the extent practicable, summary data and
results of projects funded under this section should be readily accessible on
the Internet and identified as having received funding from the environment and
natural resources trust fund.
Subd. 13.� Project
Requirements |
|
|
|
|
(a) As a condition of accepting an
appropriation under this section, an agency or entity receiving an
appropriation or a party to an agreement from an appropriation must comply with
paragraphs (b) to (l) and Minnesota Statutes, chapter 116P, and must submit a
work plan and annual or semiannual progress reports in the form determined by
the Legislative-Citizen Commission on Minnesota Resources for any project
funded in whole or in part with funds from the appropriation.� Modifications to the approved work plan and
budget expenditures must be made through the amendment process established by
the Legislative-Citizen Commission on Minnesota Resources.
(b) A recipient of money appropriated in
this section that conducts a restoration using funds appropriated in this
section must use native plant species according to the Board of Water and Soil
Resources' native vegetation establishment and enhancement guidelines and
include an appropriate diversity of native species selected to provide habitat
for pollinators throughout the growing season as required under Minnesota
Statutes, section 84.973.
(c) For all restorations conducted with
money appropriated under this section, a recipient must prepare an ecological
restoration and management plan that, to the degree practicable, is consistent
with
the
highest quality conservation and ecological goals for the restoration site.� Consideration should be given to soil,
geology, topography, and other relevant factors that would provide the best
chance for long-term success and durability of the restoration project.� The plan must include the proposed timetable
for implementing the restoration, including site preparation, establishment of
diverse plant species, maintenance, and additional enhancement to establish the
restoration; identify long-term maintenance and management needs of the
restoration and how the maintenance, management, and enhancement will be
financed; and take advantage of the best available science and include
innovative techniques to achieve the best restoration.
(d) An entity receiving an appropriation
in this section for restoration activities must provide an initial restoration
evaluation at the completion of the appropriation and an evaluation three years
beyond the completion of the expenditure.�
Restorations must be evaluated relative to the stated goals and
standards in the restoration plan, current science, and, when applicable, the
Board of Water and Soil Resources' native vegetation establishment and
enhancement guidelines.� The evaluation
must determine whether the restorations are meeting planned goals, identify any
problems with the implementation of the restorations, and, if necessary, give
recommendations on improving restorations.�
The evaluation must be focused on improving future restorations.
(e) All restoration and enhancement
projects funded with money appropriated in this section must be on land
permanently protected by a conservation easement or public ownership.
(f) A recipient of money from an
appropriation under this section must give consideration to contracting with
Conservation Corps Minnesota for contract restoration and enhancement services.
(g) All conservation easements acquired
with money appropriated under this section must:
(1) be permanent;
(2) specify the parties to an easement in
the easement;
(3) specify all of the provisions of an
agreement that are permanent;
(4) be sent to the Legislative-Citizen
Commission on Minnesota Resources in an electronic format at least ten business
days before closing;
(5) include a long-term monitoring and
enforcement plan and funding for monitoring and enforcing the easement
agreement; and
(6)
include requirements in the easement document to address specific groundwater
and surface water quality protection activities such as keeping water on the
landscape, reducing nutrient and contaminant loading, protecting groundwater,
and not permitting artificial hydrological modifications.
(h) For any acquisition of lands or interest in lands, a
recipient of money appropriated under this section must not agree to pay more
than 100 percent of the appraised value for a parcel of land using this money
to complete the purchase, in part or in whole, except that up to ten percent
above the appraised value may be allowed to complete the purchase, in part or
in whole, using this money if permission is received in advance of the purchase
from the Legislative-Citizen Commission on Minnesota Resources.
(i) For any acquisition of land or interest in land, a
recipient of money appropriated under this section must give priority to high‑quality
natural resources or conservation lands that provide natural buffers to water
resources.
(j) For new lands acquired with money appropriated under
this section, a recipient must prepare an ecological restoration and management
plan in compliance with paragraph (c), including sufficient funding for
implementation unless the work plan addresses why a portion of the money is not
necessary to achieve a high-quality restoration.
(k) To ensure public accountability for the use of public
funds, within 60 days of the transaction, a recipient of money appropriated
under this section must provide to the Legislative‑Citizen Commission on
Minnesota Resources documentation of the selection process used to identify
parcels acquired and provide documentation of all related transaction costs,
including but not limited to appraisals, legal fees, recording fees,
commissions, other similar costs, and donations.� This information must be provided for all
parties involved in the transaction.� The
recipient must also report to the Legislative‑Citizen Commission on
Minnesota Resources any difference between the acquisition amount paid to the
seller and the state-certified or state-reviewed appraisal, if a
state-certified or state-reviewed appraisal was conducted.
(l) A recipient of an appropriation from the trust fund
under this section must acknowledge financial support from the environment and
natural resources trust fund in project publications, signage, and other public
communications and outreach related to work completed using the appropriation.� Acknowledgment may occur, as appropriate,
through use of the trust fund logo or inclusion of language attributing support
from the trust fund.� Each direct
recipient of money appropriated in this section, as well as each recipient of a
grant awarded pursuant to this section, must satisfy
all
reporting and other requirements incumbent upon constitutionally dedicated
funding recipients as provided in Minnesota
Statutes, section 3.303, subdivision 10, and chapter 116P.
Subd. 14.� Payment Conditions and Capital Equipment Expenditures |
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(a) All agreements, grants, or contracts
referred to in this section must be administered on a reimbursement basis
unless otherwise provided in this section.�
Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on
or after July 1, 2017, or the date the work plan is approved, whichever is
later, are eligible for reimbursement unless otherwise provided in this section.� Periodic payments must be made upon receiving
documentation that the deliverable items articulated in the approved work plan
have been achieved, including partial achievements as evidenced by approved
progress reports.� Reasonable amounts may
be advanced to projects to accommodate cash flow needs or match federal money.� The advances must be approved as part of the
work plan.� No expenditures for capital
equipment are allowed unless expressly authorized in the project work plan.
(b) Single-source contracts as specified
in the approved work plan are allowed.
Subd. 15.� Purchase of Recycled and Recyclable Materials |
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A political subdivision, public or private
corporation, or other entity that receives an appropriation under this section
must use the appropriation in compliance with Minnesota Statutes, section
16C.0725, regarding purchase of recycled, repairable, and durable materials and
Minnesota Statutes, section 16C.073, regarding purchase and use of paper stock
and printing.
Subd. 16.� Energy Conservation and Sustainable Building Guidelines |
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A recipient to whom an appropriation is
made under this section for a capital improvement project must ensure that the
project complies with the applicable energy conservation and sustainable
building guidelines and standards contained in law, including Minnesota Statutes,
sections 16B.325, 216C.19, and 216C.20, and rules adopted under those sections.� The recipient may use the energy planning,
advocacy, and State Energy Office units of the Department of Commerce to obtain
information and technical assistance on energy conservation and alternative
energy development relating to planning and constructing the capital
improvement project.
Subd. 17. � Zugänglichkeit |
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Structural and nonstructural facilities
must meet the design standards in the Americans with Disabilities Act (ADA)
accessibility guidelines.
Subd. 18.� Carryforward; Extension |
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(a) The availability of the appropriations
for the following projects are extended to June 30, 2018:
(1)
Laws 2014, chapter 226, section 2, subdivision 3, paragraph (d), Evaluation
of Wastewater Nitrogen and Estrogen Treatment Options;
(2)
Laws 2014, chapter 226, section 2, subdivision 4, paragraph (b),
Bioacoustics to Detect, Deter, and Eliminate Silver Carp;
(3) Laws 2014, chapter 226, section 2,
subdivision 4, paragraph (f), Brown Marmorated Stink Bug Monitoring and
Bio-Control Evaluation;
(4)
Laws 2014, chapter 226, section 2, subdivision 6, paragraph (h),
Nutrient Capture through Water Management and Biomass Harvesting;
(5)
Laws 2014, chapter 226, section 2, subdivision 7, paragraph (b),
Metropolitan Regional Park System Acquisition;
(6) Laws 2015, chapter 76, section 2,
subdivision 3, paragraph (l), Genetic and Camera Techniques to Estimate
Carnivore Populations;
(7) Laws 2015, chapter 76, section 2,
subdivision 7, paragraph (c), Building Deconstruction to Reduce Greenhouse Gas
Emissions and Solid Waste; and
(8) Laws 2015, chapter 76, section 2,
subdivision 10, Emerging Issues Account.
(b) The availability of the appropriations
for the following projects are extended to June 30, 2019:
(1)
Laws 2014, chapter 226, section 2, subdivision 10, paragraph (c),
Legislative-Citizen Commission on Minnesota Resources (LCCMR) as extended by
Laws 2016, chapter 186, section 2, subdivision 18, clause (8);
(2) Laws 2015, chapter 76, section 2,
subdivision 7, paragraph (a), Renewable and Sustainable Fertilizers Produced
Locally;
(3)
Laws 2015, chapter 76, section 2, subdivision 8, paragraph (h), Improving
Community Forests Through Citizen Engagement; and
(4)
Laws 2016, chapter 186, section 2, subdivision 9, paragraph (b),
Minnesota Point Pine Forest Scientific and Natural Area Acquisition.
Subd. 19.� Fiscal
Year 2019 Recommendations |
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(a) For fiscal year 2019, the commission
shall consider recommending loans from the corpus of the trust fund to
statutory and home rule charter cities and towns with a population less than
5,000 as provided in the Minnesota Constitution, article XI, section 14.� The commission shall work with the Public
Facilities Authority in developing its recommendations.� The commission shall include in its
recommendations an analysis of using trust fund allocations for grants to the
same cities and towns, including any necessary statutory changes.
(b) Any deadlines established by the
Legislative-Citizen Commission on Minnesota Resources for submission of
proposals for the commission's fiscal year 2019 funding recommendations are
waived until July 15, 2017, for proposals authorized under this subdivision and
proposals that the commission recommended for fiscal year 2018 but that did not
receive funding.
Sec. 3.� Minnesota Statutes 2016, section 116P.05, subdivision 2, is amended to read:
Subd. 2.� Duties.� (a) The commission shall recommend an annual or biennial legislative bill for appropriations from the environment and natural resources trust fund and shall adopt a strategic plan as provided in section 116P.08.� Approval of the recommended legislative bill requires an affirmative vote of at least 12 members of the commission.
(b) It is a condition of acceptance of the appropriations made from the Minnesota environment and natural resources trust fund, and oil overcharge money under section 4.071, subdivision 2, that the agency or entity receiving the appropriation must submit a work plan and annual or semiannual progress reports in the form determined by the Legislative-Citizen Commission on Minnesota Resources, and comply with applicable reporting requirements under section 116P.16.� None of the money provided may be spent unless the commission has approved the pertinent work plan.� Modifications to the approved work plan and budget expenditures shall be made through the amendment process established by the commission.� The commission shall ensure that the expenditures and outcomes described in the work plan for appropriations funded by the environment and natural resources trust fund are met.
(c) The peer review procedures created under section 116P.08 must also be used to review, comment, and report to the commission on research proposals applying for an appropriation from the oil overcharge money under section 4.071, subdivision 2.
(d) The commission may adopt operating procedures to fulfill its duties under this chapter.
(e) As part of the operating procedures, the commission shall:
(1) ensure that members' expectations are to participate in all meetings related to funding decision recommendations;
(2) recommend adequate funding for increased citizen outreach and communications for trust fund expenditure planning;
(3) allow administrative expenses as part of individual project expenditures based on need;
(4) provide for project outcome evaluation;
(5) keep the grant application, administration, and review process as simple as possible; and
(6) define and emphasize the leveraging of additional sources of money that project proposers should consider when making trust fund proposals.
Sec. 4.� Minnesota Statutes 2016, section 116P.08, subdivision 1, is amended to read:
Subdivision 1.� Expenditures.� (a) Money in the trust fund may be spent only for:
(1) the reinvest in Minnesota program as provided in section 84.95, subdivision 2;
(2) research that contributes to increasing the effectiveness of protecting or managing the state's environment or natural resources;
(3) collection and analysis of information that assists in developing the state's environmental and natural resources policies;
(4) enhancement of public education, awareness, and understanding necessary for the protection, conservation, restoration, and enhancement of air, land, water, forests, fish, wildlife, and other natural resources;
(5) capital projects for the preservation and protection of unique natural resources;
(6) activities that preserve or enhance fish, wildlife, land, air, water, and other natural resources that otherwise may be substantially impaired or destroyed in any area of the state;
(7) administrative and investment expenses incurred by the State Board of Investment in investing deposits to the trust fund; and
(8) administrative expenses subject to the limits in section 116P.09.
(b) In making recommendations for expenditures from the
trust fund, the commission shall give priority to funding programs and projects
under paragraph (a), clauses (1) and (6).�
Any requests for proposals issued by the commission shall clearly
indicate these priorities.
Sec. 5.� Minnesota Statutes 2016, section 116P.17, subdivision 1, is amended to read:
Subdivision 1.� Commissioner approval.� (a) A recipient of an appropriation from the trust fund who acquires an interest in real property must receive written approval from the commissioner of natural resources prior to the acquisition, if the interest is acquired in whole or in part with the appropriation.� A recipient must request the
commissioner's approval at least ten business days before the proposed acquisition.� When a recipient requests approval under this subdivision, the recipient must simultaneously submit the same information to the commission.� Conservation easements to be held by the Board of Water and Soil Resources, acquisitions of land in the metropolitan regional recreation open space systems as defined under section 473.351, subdivision 1, with appropriations to the Metropolitan Council, and acquisitions specifically identified in appropriation laws are not subject to commissioner approval under this section.
(b) The commissioner shall approve acquisitions under this section only when the interest in real property:
(1) is identified as a high priority by the commissioner and meets the objectives and criteria identified in the applicable acquisition plan for the intended management status of the property; or
(2) is otherwise identified by the commissioner as a priority for state financing.
Sec. 6.� EFFECTIVE
DATE.
�
Sections 1 and 2 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; modifying requirements for receipt of fund money; amending Minnesota Statutes 2016, sections 116P.05, subdivision 2; 116P.08, subdivision 1; 116P.17, subdivision 1."
����� We request the adoption of this report and
repassage of the bill.
����� Senate Conferees:� Torrey
N. Westrom, Bill Ingebrigtsen and Kari
Dziedzic.
����� House Conferees:� Josh
Heintzeman and Dale Lueck.
����� Hortman was excused between the hours of
10:35 p.m. and 11:50 p.m.
����� Heintzeman moved that the report of the
Conference Committee on S. F. No. 550 be adopted and that the
bill be repassed as amended by the Conference Committee.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Heintzeman
motion and the roll was called.� There
were 85 yeas and 46 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Flanagan
Franke
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Layman
Lien
Lohmer
Loon
Loonan
Lucero
Lueck
Marquart
Masin
McDonald
Metsa
Miller
Nash
Neu
Nornes
O'Driscoll
Olson
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Schultz
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Allen
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Fischer
Franson
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Johnson, C.
Johnson, S.
Kunesh-Podein
Lee
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Maye Quade
Moran
Murphy, E.
Nelson
Newberger
Omar
O'Neill
Pinto
Pryor
Rosenthal
Sandstede
Sauke
Slocum
Sundin
Wagenius
Ward
Youakim
����� The
motion prevailed.
S. F. No. 550, A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; modifying requirements for receipt of fund money; amending Minnesota Statutes 2016, sections 116P.05, subdivision 2; 116P.17, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 477A.
����� The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
����� The question was taken on the repassage of
the bill and the roll was called.� There
were 84 yeas and 49 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, S.
Anselmo
Baker
Barr, R.
Bennett
Bliss
Carlson, L.
Christensen
Clark
Considine
Cornish
Daniels
Davids
Dean, M.
Dettmer
Ecklund
Erickson
Fabian
Fenton
Fischer
Franke
Grossell
Gunther
Haley
Hamilton
Heintzeman
Hilstrom
Hoppe
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Layman
Liebling
Lien
Lillie
Lohmer
Loon
Loonan
Lucero
Lueck
Marquart
Masin
McDonald
Metsa
Miller
Moran
Nash
Neu
Nornes
O'Driscoll
Olson
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Poston
Quam
Rarick
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Smith
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
���������� Those who voted in the negative were:
Allen
Anderson, P.
Applebaum
Backer
Bahr, C.
Becker-Finn
Bernardy
Bly
Carlson, A.
Davnie
Dehn, R.
Drazkowski
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Halverson
Hansen
Hausman
Hertaus
Hornstein
Johnson, S.
Kunesh-Podein
Lee
Lesch
Loeffler
Mahoney
Mariani
Maye Quade
Murphy, E.
Murphy, M.
Nelson
Newberger
Omar
O'Neill
Pinto
Pryor
Pugh
Rosenthal
Scott
Slocum
Sundin
Swedzinski
Thissen
Wagenius
Ward
Youakim
����� The bill was repassed, as amended by
Conference, and its title agreed to.
����� The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 1443
A bill for an act relating to commerce; regulating insurance fraud; modifying certain penalties and notices; defining a term; clarifying the authority of the Commerce Fraud Bureau to apply for or execute search warrants; amending Minnesota Statutes 2016, sections 13.82, subdivision 17; 45.0135, subdivision 9; 60A.27, subdivision 1; 65B.84, by adding a subdivision; 626.05, subdivision 2.
May 22, 2017
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
The Honorable Michelle L. Fischbach
President of the Senate
We, the undersigned conferees for H. F. No. 1443 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 1443 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1.� Minnesota Statutes 2016, section 13.82, subdivision 17, is amended to read:
Subd. 17. �Protection of identities.� A law enforcement agency or a law enforcement dispatching agency working under direction of a law enforcement agency shall withhold public access to data on individuals to protect the identity of individuals in the following circumstances:
(a) when access to the data would reveal the identity of an undercover law enforcement officer, as provided in section 13.43, subdivision 5;
(b) when access to the data would reveal the identity of a victim or alleged victim of criminal sexual conduct or sex trafficking under section 609.322, 609.341 to 609.3451, or 617.246, subdivision 2;
(c) when access to the data would reveal the identity of a paid or unpaid informant being used by the agency if the agency reasonably determines that revealing the identity of the informant would threaten the personal safety of the informant;
(d) when access to the data would reveal the identity of a victim of or witness to a crime if the victim or witness specifically requests not to be identified publicly, unless the agency reasonably determines that revealing the identity of the victim or witness would not threaten the personal safety or property of the individual;
(e) when access to the data would reveal the identity of a deceased person whose body was unlawfully removed from a cemetery in which it was interred;
(f) when access to the data would reveal the identity of a person who placed a call to a 911 system or the identity or telephone number of a service subscriber whose phone is used to place a call to the 911 system and:� (1) the agency determines that revealing the identity may threaten the personal safety or property of any person; or (2) the object of the call is to receive help in a mental health emergency.� For the purposes of this paragraph, a voice recording of a call placed to the 911 system is deemed to reveal the identity of the caller;
(g) when access to the data would reveal the identity of a juvenile witness and the agency reasonably determines that the subject matter of the investigation justifies protecting the identity of the witness; or
(h) when access to the data would reveal the identity of a mandated reporter under section 60A.952, subdivision 2, 609.456, 626.556, or 626.557.
Data concerning individuals whose identities are protected by this subdivision are private data about those individuals.� Law enforcement agencies shall establish procedures to acquire the data and make the decisions necessary to protect the identity of individuals described in clauses (c), (d), (f), and (g).
Sec. 2.� Minnesota Statutes 2016, section 45.0135, subdivision 9, is amended to read:
Subd. 9.� Administrative penalty for insurance fraud.� (a) The commissioner may:
(1) impose an administrative penalty
against any person in an amount as set forth in paragraph (b) for each
intentional act of insurance fraud or substantiated acts of attempted
insurance fraud as defined in section 60A.951, subdivision 4, committed by
that person; and
(2) order restitution to any person
suffering loss as a result of the insurance fraud.; and
(3) order restitution to a company for
the reasonable documented cost of any investigation in connection with the
insurance fraud.
(b) The administrative penalty for each violation described in paragraph (a) may be no more than:
(1) $20,000 if the funds or the value of the property or services wrongfully obtained exceeds $5,000;
(2) $10,000 if the funds or value of the property or services wrongfully obtained exceeds $1,000, but not more than $5,000;
(3) $3,000 if the funds or value of the property or services wrongfully obtained is more than $500, but not more than $1,000; and
(4) $1,000 if the funds or value of the property or services wrongfully obtained is $500 or less.
(c) If an administrative penalty is not paid after all rights of appeal have been waived or exhausted, the commissioner may bring a civil action in a court of competent jurisdiction to collect the administrative penalty, including expenses and litigation costs, reasonable attorney fees, and interest.
(d) This section does not affect a person's right to seek recovery, including expenses and litigation costs, reasonable attorney fees, and interest, against any person that commits insurance fraud.
(e) For purposes of this subdivision, "insurance fraud" has the meaning given in section 60A.951, subdivision 4.
(f)
Hearings under this subdivision must be conducted in accordance with chapter 14
and any other applicable law.
(g) All revenues from penalties, expenses, costs, fees, and interest collected under paragraphs (a) to (c) shall be deposited in the insurance fraud prevention account under subdivision 6.
Sec. 3.� Minnesota Statutes 2016, section 60A.27, subdivision 1, is amended to read:
Subdivision 1.� Requirement.� An insurance company licensed to transact business in this state is hereby required to notify the commissioner of commerce within ten business days of the happening of any one or more of the following:
(1) the suspension or revocation of its
right to transact business in another state; oder
(2) the receipt by the insurance company
of an order to show why its license should not be suspended or revoked; or.
(3) the imposition of a penalty by any
other state for any violation of the insurance laws of such other state.
Sec. 4.� Minnesota Statutes 2016, section 65B.84, is amended by adding a subdivision to read:
Subd. 5.� Definition.� For purposes of this section,
"automobile theft" includes automobile-related theft.
Sec. 5.� Minnesota Statutes 2016, section 626.05, subdivision 2, is amended to read:
Subd. 2.� Peace officer.� The term "peace officer," as used in sections 626.04 to 626.17, means a person who is licensed as a peace officer in accordance with section 626.84, subdivision 1, and who serves as a sheriff, deputy sheriff, police officer, conservation officer, agent of the Bureau of Criminal Apprehension, agent of the Division of Alcohol and Gambling Enforcement, peace officer of the Commerce Fraud Bureau, University of Minnesota peace officer, Metropolitan Transit police officer, Minnesota Department of Corrections Fugitive Apprehension Unit member, or State Patrol trooper as authorized by section 299D.03.
Sec. 6.� EFFECTIVE
DATE.
Sections 1 to 5 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to commerce; regulating insurance fraud; modifying certain penalties and notices; defining a term; clarifying the authority of the Commerce Fraud Bureau to apply for or execute search warrants; amending Minnesota Statutes 2016, sections 13.82, subdivision 17; 45.0135, subdivision 9; 60A.27, subdivision 1; 65B.84, by adding a subdivision; 626.05, subdivision 2."
���������� We request the adoption of this
report and repassage of the bill.
����� House Conferees: �Bob
Loonan, Barb Haley and Debra
Hilstrom.
����� Senate Conferees: �Paul
Utke and Gary H. Dahms.
����� Loonan moved that the report of the
Conference Committee on H. F. No. 1443 be adopted and that the
bill be repassed as amended by the Conference Committee.� The motion prevailed.
H. F. No. 1443, A bill for an act relating to commerce; regulating insurance fraud; modifying certain penalties and notices; defining a term; clarifying the authority of the Commerce Fraud Bureau to apply for or execute search warrants; amending Minnesota Statutes 2016, sections 13.82, subdivision 17; 45.0135, subdivision 9; 60A.27, subdivision 1; 65B.84, by adding a subdivision; 626.05, subdivision 2.
����� The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
����� The question was taken on the repassage of
the bill and the roll was called.� There
were 131 yeas and 2 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Lucero
Newberger
����� The bill was repassed, as amended by
Conference, and its title agreed to.
CALENDAR
FOR THE DAY
����� S. F. No. 1354, A bill for
an act relating to local government; amending provisions relating to police and
firefighters' civil service commissions and employees of police and fire
departments; amending Minnesota Statutes 2016, sections 420.03; 420.04; 420.16.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 119 yeas and 14 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Petersburg
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Slocum
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Backer
Bahr, C.
Christensen
Drazkowski
Franson
Howe
Kresha
Lucero
McDonald
Newberger
Peppin
Peterson
Quam
Smith
����� The
bill was passed and its title agreed to.
����� Peppin moved that the House recess subject
to the call of the Chair.� The motion
prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to
order by the Speaker.
���������� There being no objection, the order
of business reverted to Messages from the Senate.
MESSAGES
FROM THE SENATE
����� The following messages were received from
the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 470, A bill for an act relating to public safety; creating the crime of tampering with a public safety motor vehicle; establishing criminal penalties; amending Minnesota Statutes 2016, section 609.595, subdivisions 1, 2, by adding a subdivision.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.� Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 1443, A bill for an act relating to commerce; regulating insurance fraud; modifying certain penalties and notices; defining a term; clarifying the authority of the Commerce Fraud Bureau to apply for or execute search warrants; amending Minnesota Statutes 2016, sections 13.82, subdivision 17; 45.0135, subdivision 9; 60A.27, subdivision 1; 65B.84, by adding a subdivision; 626.05, subdivision 2.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.� Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
����� I hereby announce the passage by the Senate of the following
Senate File, herewith transmitted:
����� S. F. No. 2384.
Cal R.
Ludeman, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 2384, A bill for an act relating to legislative enactments; correcting miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending Minnesota Statutes 2016, sections 168.1294, as added; 515B.1-103, as amended if enacted; 515B.4-116, as amended if enacted; 2017 S. F. No. 1456, article 8, section 5, if enacted; 2017 S. F. No. 514, article 3, sections 1, if enacted; 2, if enacted; 3, if enacted; 4, if enacted; 5, if enacted; 6, if enacted.
The bill was read for the first time.
DECLARATION OF URGENCY
����� Pursuant to Article IV, Section 19, of the
Constitution of the state of Minnesota, Peterson moved that the rule therein be
suspended and an urgency be declared and that the rules of the House be so far
suspended so that S. F. No. 2384 be given its second and third
readings and be placed upon its final passage.�
The motion prevailed.
S. F. No. 2384 was read for the second time.
S. F. No. 2384, A bill for an act relating to legislative enactments; correcting miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending Minnesota Statutes 2016, sections 168.1294, as added; 515B.1-103, as amended if enacted; 515B.4-116, as amended if enacted; 2017 S. F. No. 1456, article 8, section 5, if enacted; 2017 S. F. No. 514, article 3, sections 1, if enacted; 2, if enacted; 3, if enacted; 4, if enacted; 5, if enacted; 6, if enacted.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 134 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
����� The
bill was passed and its title agreed to.
PROTEST
AND DISSENT
����� Pursuant to Article IV, Section 11 of the
Minnesota Constitution, we the undersigned members register our protest and
dissent regarding the numerous violations by the Republican Majority of House
Rules, Joint Rules, and the custom and usage of the House.� These violations have occurred during the
2017 legislative session and especially regarding the conference committee
reports for the various budget bills that were re-passed by the House from May
9-15, and subsequently vetoed by Gov. Dayton.�
What these violations have in common is that they defy the democratic
ideals of transparency, the right of the Minority to express dissent, and the
opportunity for debate.
1.
At
least five conference committees on omnibus bills (Environment & Natural
Resources, E-12, Transportation, Agriculture, and Health & Human Services)
never voted or took any other public action to adopt the conference committee
report.� This is a violation of Joint
Rule 2.06, which requires that actions taken by conference committees
"shall be agreed upon in an open meeting."� With respect to one of the reports (Omnibus
Environment), the amended bill had even been laid on the table at the last
public meeting, with no further public action taken.� Neither this bill nor none of the others
cited was adopted in an open meeting.
2.
Some
conference committees on omnibus bills (e.g., Health & Human Services)
refused to allow public testimony, including by representatives of state
agencies directly affected by the relevant bill.� This is a violation of Joint Rule 2.06 and
the custom and usage of the House.� Joint
Rule 2.06 requires that all conference committees be open to the public.
3.
Multiple
conference committee reports on omnibus bills included provisions that had not
been passed by either body.� This is a
violation of House Rule 6.40 which states, "A conference committee report
must include only subject matter contained in the House or Senate versions of
the bill for which that conference committee was appointed, or like subject
matter contained in a bill passed by the House or Senate."
4.
The
decision by the Speaker and the House Majority to install a mute button for the
House Chambers, and retain this mute button when asked by the Minority to
remove it, is a violation of House Rules and Mason's Manual of Legislative
Procedure, as well as custom and usage for the House.� House Rule 2.15 requires that
"Proceedings on the floor of the House must be recorded on an appropriate
audio recording medium under the direction
of the Chief Clerk."� Further, House
Rule 2.32 requires every member wishing to speak on a subject shall have
an opportunity to do so.� Further,
Mason's Ch. 10, Sec. 90 provides:
Debate is an essential feature of a legislative body�
Members have the right to try to persuade the majority to accept their views,
and there can be no legal wrong from such an attempt.� (2) It is a fundamental rule of parliamentary
practice governing all deliberative assemblies that the opportunity to
deliberate � and, if possible convince their fellows � is the right of the
minority, which they cannot be deprived of by the arbitrary will of the
majority.
The mute
button is an egregious violation of custom and usage for the House, as this
body has never authorized the presiding officer to silence members in this
manner in the 80 years since an audio system was installed for the House
chambers.
5.
Numerous
decisions by the Speaker that amendments offered by the Minority party are
non-germane and out-of-order violate House Rule 3.21.� This rule provides that an amendment is
germane if it relates to the same subject matter as the underlying bill, and a
secondary amendment is germane if it relates only to the primary amendment and
does not introduce a new subject.� For
example, on April 6, in connection with consideration of the Omnibus Jobs &
Energy bill (S.F. 1937), Rep. Schultz offered an amendment which called
upon the PUC to consider "the costs of air emissions and water
degradation" when evaluating long‑term resource plans from electric
utilities.� Rep. Hornstein offered a
secondary amendment under which the Legislature would have recognized the
reality of climate change, as context for this directive to the PUC.� The Speaker ruled that this secondary
amendment was not germane, even though it clearly related to the primary
amendment and introduced no new subject.�
This stands in stark contrast to the Speaker's treatment of amendments
offered by the Majority, which have been regularly ruled germane, despite being
unrelated to the underlying bill or amendment.
����� On the basis of the foregoing reasons, we
the undersigned Members of the House of Representatives state their strong
disagreement with Speaker Daudt and the Republican Majority for having engaged
in numerous, flagrant and ongoing violations of House Rules, Joint Rules,
Mason's, and the custom and usage of the House.
Signed:
Dave
Pinto����������������������������������������������� Cheryl
Youakim
Rena
Moran�������������������������������������������� ��������������� Carlos Mariani
Raymond
Dehn�������������������������������������� Jim
Davnie
Ilhan
Omar������������������������������������������������������������� Andrew
Carlson
Peggy
Flanagan��� ��������������� ��������������� Mike
Freiberg
Connie
Bernardy�������������������������������� Peter
Fischer
Laurie
Halverson���������������������������������������������� Sheldon
Johnson
Erin
Maye Quade��������������������������������� Sandra
Masin
Fue
Lee�������� ������������������������������� ��������������� Clark
Johnson
JoAnn
Ward������������� ����������������������������������������������� Laurie Pryor
Melissa
Hortman������������������������������� ��������������� Jon Applebaum
Erin
Murphy������������������������������������������� Rick
Hansen
Frank
Hornstein����������������� ��������������� David Bly
Tina
Liebling����������������������������������������� Erin
Koegel
Paul
Rosenthal������������������� ��������������� Julie Sandstede
Diane
Loeffler��������������������� ��������������� Linda Slocum
Susan
Allen������������������������������������������������������������ Mike
Sundin
Jean
Wagenius��������������������������������������� John
Considine
Lyndon
Carlson���������������������������������� Ben
Lien
Rob
Ecklund������������������������������������������
ADJOURNMENT
����� Peppin moved that the House adjourn.� The motion prevailed, and the Speaker
declared the House stands adjourned until 12:00 noon, Tuesday, February 20,
2018.
Patrick
D. Murphy, Chief
Clerk, House of Representatives