Bill Text: MN SF2617 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Economic development obsolete and redundant laws repeal
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-09 - HF substituted on General Orders HF2948 [SF2617 Detail]
Download: Minnesota-2013-SF2617-Engrossed.html
1.2relating to economic development; repealing obsolete, redundant, and
1.3unnecessary laws administered by the Department of Employment and Economic
1.4Development; making conforming changes;amending Minnesota Statutes 2012,
1.5sections 15.991, subdivision 1; 116C.34, subdivision 3; 116D.04, subdivision 2a;
1.6116L.02; 116L.05, subdivision 5; 116L.20, subdivision 2; 256J.49, subdivision
1.74; 256J.51, subdivision 2; 268.105, subdivision 7; 268.186; repealing Minnesota
1.8Statutes 2012, sections 116C.22; 116C.23; 116C.24; 116C.25; 116C.26;
1.9116C.261; 116C.27; 116C.28; 116C.29; 116C.30; 116C.31; 116C.32; 116C.33;
1.10116J.037; 116J.422; 116J.68, subdivision 5; 116J.74, subdivision 7a; 116J.874,
1.11subdivisions 1, 2, 3, 4, 5; 116J.987; 116J.988; 116J.989; 116J.990, subdivisions
1.121, 2, 3, 4, 5, 6; 116L.06; 116L.10; 116L.11; 116L.12, subdivisions 1, 3, 4, 5, 6;
1.13116L.13; 116L.14; 116L.15; 116L.361, subdivision 2; 116L.363; 116L.871;
1.14116L.872; 469.109; 469.124; Minnesota Statutes 2013 Supplement, sections
1.15116J.6581; 116J.70, subdivision 2a.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.19 Section 1. Minnesota Statutes 2012, section 268.105, subdivision 7, is amended to read:
1.20 Subd. 7. Judicial review. (a) The Minnesota Court of Appeals must, by writ of
1.21certiorari to the department, review the unemployment law judge's decision, provided a
1.22petition for the writ is filed with the court and a copy is served upon the unemployment
1.23law judge or the commissioner and any other involved party within 30 calendar days of
1.24the sending of the unemployment law judge's order under subdivision 2.
1.25 (b) Any employer petitioning for a writ of certiorari must pay to the court the
1.26required filing feeand upon the service of the writ must furnish a cost bond to the
1.27department in accordance with the Rules of Civil Appellate Procedure. If the employer
1.28requests a written transcript of the testimony received at the evidentiary hearing conducted
2.1under subdivision 1, the employer must pay to the department the cost of preparing the
2.2transcript. That money is credited to the administration account.
2.3 (c) Upon issuance by the Minnesota Court of Appeals of a writ of certiorari as a result
2.4of an applicant's petition, the department must furnish to the applicant at no cost a written
2.5transcript of any testimony received at the evidentiary hearing conducted under subdivision
2.61, and, if requested, a copy of all exhibits entered into evidence. No filing fee or cost bond is
2.7required of an applicant petitioning the Minnesota Court of Appeals for a writ of certiorari.
2.8 (d) The Minnesota Court of Appeals may affirm the decision of the unemployment
2.9law judge or remand the case for further proceedings; or it may reverse or modify the
2.10decision if the substantial rights of the petitioner may have been prejudiced because the
2.11findings, inferences, conclusion, or decision are:
2.12 (1) in violation of constitutional provisions;
2.13 (2) in excess of the statutory authority or jurisdiction of the department;
2.14 (3) made upon unlawful procedure;
2.15 (4) affected by other error of law;
2.16 (5) unsupported by substantial evidence in view of the entire record as submitted; or
2.17 (6) arbitrary or capricious.
2.18 (e) The department is considered the primary responding party to any judicial action
2.19involving an unemployment law judge's decision. The department may be represented by
2.20an attorney licensed to practice law in Minnesota who is an employee of the department.
2.21 Sec. 2. Minnesota Statutes 2012, section 268.186, is amended to read:
2.22268.186 RECORDS; AUDITS.
2.23 (a) Each employer must keep true and accurate recordsfor the periods of time
2.24and on individuals performing services for the employer, containing the information the
2.25commissioner may requireby rule under Minnesota Rules, part 3315.1010. The records
2.26must be kept for a period of not less than four years in addition to the current calendar year.
2.27 For the purpose of administering this chapter, the commissioner has the power to
2.28audit, examine, or cause to be supplied or copied, any books, correspondence, papers,
2.29records, or memoranda that are relevant, whether the books, correspondence, papers,
2.30records, or memoranda are the property of or in the possession of the employer or any
2.31other person at any reasonable time and as often as may be necessary.
2.32 (b) Any employer that refuses to allow an audit of its records by the department, or
2.33that fails to make all necessary records available for audit in Minnesota upon request of
2.34the commissioner, may be assessed an administrative penalty of $500.
3.1 An employer that fails to provide a weekly breakdown of money earned by an
3.2applicant upon request of the commissioner, information necessary for the detection of
3.3applicant fraud under section268.18, subdivision 2 , may be assessed an administrative
3.4penalty of $100. Any notice requesting a weekly breakdown must clearly state that a $100
3.5penalty may be assessed for failure to provide the information. The penalty collected is
3.6credited to the trust fund.
3.7 (c) The commissioner may make summaries, compilations, photographs,
3.8duplications, or reproductions of any records, or reports that the commissioner considers
3.9advisable for the preservation of the information contained therein. Any summaries,
3.10compilations, photographs, duplications, or reproductions is admissible in any proceeding
3.11under this chapter. The commissioner may duplicate records, reports, summaries,
3.12compilations, instructions, determinations, or any other written or recorded matter
3.13pertaining to the administration of this chapter.
3.14 (d) Regardless of any law to the contrary, the commissioner may provide for the
3.15destruction of any records, reports, or reproductions, or other papers that are no longer
3.16necessary for the administration of this chapter, including any required audit. In addition,
3.17the commissioner may provide for the destruction or disposition of any record, report,
3.18or other paper from which the information has been electronically captured and stored,
3.19or that has been photographed, duplicated, or reproduced.
3.20 Sec. 3. REPEALER.
3.21 Subdivision 1. Environmental Coordination Procedures Act. Minnesota Statutes
3.222012, sections 116C.22; 116C.23; 116C.24; 116C.25; 116C.26; 116C.261; 116C.27;
3.23116C.28; 116C.29; 116C.30; 116C.31; 116C.32; and 116C.33, are repealed.
3.24 Subd. 2. E-Commerce ready designations. Minnesota Statutes 2012, section
3.25116J.037, is repealed.
3.26 Subd. 3. Rural policy and development center fund. Minnesota Statutes 2012,
3.27section 116J.422, is repealed.
3.28 Subd. 4. Minnesota Entrepreneur Resource Virtual Network (MERVN).
3.29Minnesota Statutes 2013 Supplement, section 116J.6581, is repealed.
3.30 Subd. 5. Small Business Development Center Advisory Board meetings.
3.31Minnesota Statutes 2012, section 116J.68, subdivision 5, is repealed.
3.32 Subd. 6. Business license assistance exceptions. Minnesota Statutes 2013
3.33Supplement, section 116J.70, subdivision 2a, is repealed.
3.34 Subd. 7. Affirmative enterprise program. Minnesota Statutes 2012, section
3.35116J.874, subdivisions 1, 2, 3, 4, and 5, are repealed.
4.1 Subd. 8. Board of Invention. Minnesota Statutes 2012, sections 116J.987;
4.2116J.988; 116J.989; and 116J.990, subdivisions 1, 2, 3, 4, 5, and 6, are repealed.
4.3 Subd. 9. HIRE education loan program. Minnesota Statutes 2012, section
4.4116L.06, is repealed.
4.5 Subd. 10. Healthcare and human services worker program. Minnesota Statutes
4.62012, sections 116L.10; 116L.11; 116L.12, subdivisions 1, 3, 4, 5, and 6; 116L.13;
4.7116L.14; and 116L.15, are repealed.
4.8 Subd. 11. Youthbuild advisory committee. Minnesota Statutes 2012, section
4.9116L.363, is repealed.
4.10 Subd. 12. Local service unit delivery. Minnesota Statutes 2012, sections 116L.871;
4.11and 116L.872, are repealed.
4.12 Subd. 13. Area redevelopment. Minnesota Statutes 2012, section 469.109, is
4.13repealed.
4.14 Subd. 14. City development districts. Minnesota Statutes 2012, section 469.124, is
4.15repealed.
4.18 Section 1. Minnesota Statutes 2012, section 15.991, subdivision 1, is amended to read:
4.19 Subdivision 1. Definitions. For purposes of this section and section15.992 :
4.20(1) "business license" or "license" has the meaning given it in section116J.70,
4.21subdivision 2 , and also includes licenses and other forms of approval listed in section
4.22116J.70, subdivision 2a, clauses (7) and (8), but does not include those listed in
4.23subdivision 2a, clauses (1) to (6);
4.24(2) "customer" means an individual; a small business as defined in section645.445 ,
4.25but also including a nonprofit corporation that otherwise meets the criteria in that
4.26section; a family farm, family farm corporation, or family farm partnership as defined in
4.27section500.24, subdivision 2 ; or a political subdivision as defined in section
103G.005,
4.28subdivision 14a ;
4.29(3) "initial agency" means the state agency to which a customer submits an
4.30application for a license or inquires about submitting an application; and
4.31(4) "responsible agency" means the initial agency or another state agency that agrees
4.32to be designated the responsible agency.
4.33 Sec. 2. Minnesota Statutes 2012, section 116C.34, subdivision 3, is amended to read:
5.1 Subd. 3. County responsibility. The auditor of each county shall post in a
5.2conspicuous place in the auditor's office the telephone numbers of the Bureau of Business
5.3Licenses and the permit information center in the office of the applicable regional
5.4development commission; copies of any master applications or permit applications
5.5forwarded to the auditor pursuant to section
116C.27, subdivision 1; and copies of any
5.6information published by the bureau or an information center pursuant to subdivision 1.
5.7 Sec. 3. Minnesota Statutes 2012, section 116D.04, subdivision 2a, is amended to read:
5.8 Subd. 2a. When prepared. Where there is potential for significant environmental
5.9effects resulting from any major governmental action, the action shall be preceded by a
5.10detailed environmental impact statement prepared by the responsible governmental unit.
5.11The environmental impact statement shall be an analytical rather than an encyclopedic
5.12document which describes the proposed action in detail, analyzes its significant
5.13environmental impacts, discusses appropriate alternatives to the proposed action and
5.14their impacts, and explores methods by which adverse environmental impacts of an
5.15action could be mitigated. The environmental impact statement shall also analyze those
5.16economic, employment, and sociological effects that cannot be avoided should the action
5.17be implemented. To ensure its use in the decision-making process, the environmental
5.18impact statement shall be prepared as early as practical in the formulation of an action.
5.19 (a) The board shall by rule establish categories of actions for which environmental
5.20impact statements and for which environmental assessment worksheets shall be prepared
5.21as well as categories of actions for which no environmental review is required under this
5.22section. A mandatory environmental assessment worksheet shall not be required for the
5.23expansion of an ethanol plant, as defined in section41A.09, subdivision 2a , paragraph
5.24(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
5.25biobutanol facility as defined in section41A.105, subdivision 1a , based on the capacity
5.26of the expanded or converted facility to produce alcohol fuel, but must be required if
5.27the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
5.28of actions for which environmental assessment worksheets must be prepared. The
5.29responsible governmental unit for an ethanol plant or biobutanol facility project for which
5.30an environmental assessment worksheet is prepared shall be the state agency with the
5.31greatest responsibility for supervising or approving the project as a whole.
5.32A mandatory environmental impact statement shall not be required for a facility
5.33or plant located outside the seven-county metropolitan area that produces less than
5.34125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, if the facility
5.35or plant is: an ethanol plant, as defined in section41A.09, subdivision 2a , paragraph
6.1(b); a biobutanol facility, as defined in section41A.105, subdivision 1a , clause (1); or a
6.2cellulosic biofuel facility, as defined in section41A.10, subdivision 1 , paragraph (d).
6.3 (b) The responsible governmental unit shall promptly publish notice of the
6.4completion of an environmental assessment worksheet by publishing the notice in at least
6.5one newspaper of general circulation in the geographic area where the project is proposed,
6.6by posting the notice on a Web site that has been designated as the official publication site
6.7for publication of proceedings, public notices, and summaries of a political subdivision in
6.8which the project is proposed, or in any other manner determined by the board and shall
6.9provide copies of the environmental assessment worksheet to the board and its member
6.10agencies. Comments on the need for an environmental impact statement may be submitted
6.11to the responsible governmental unit during a 30-day period following publication of the
6.12notice that an environmental assessment worksheet has been completed. The responsible
6.13governmental unit's decision on the need for an environmental impact statement shall be
6.14based on the environmental assessment worksheet and the comments received during the
6.15comment period, and shall be made within 15 days after the close of the comment period.
6.16The board's chair may extend the 15-day period by not more than 15 additional days upon
6.17the request of the responsible governmental unit.
6.18 (c) An environmental assessment worksheet shall also be prepared for a proposed
6.19action whenever material evidence accompanying a petition by not less than 100
6.20individuals who reside or own property in the state, submitted before the proposed
6.21project has received final approval by the appropriate governmental units, demonstrates
6.22that, because of the nature or location of a proposed action, there may be potential for
6.23significant environmental effects. Petitions requesting the preparation of an environmental
6.24assessment worksheet shall be submitted to the board. The chair of the board shall
6.25determine the appropriate responsible governmental unit and forward the petition to it.
6.26A decision on the need for an environmental assessment worksheet shall be made by
6.27the responsible governmental unit within 15 days after the petition is received by the
6.28responsible governmental unit. The board's chair may extend the 15-day period by not
6.29more than 15 additional days upon request of the responsible governmental unit.
6.30 (d) Except in an environmentally sensitive location where Minnesota Rules, part
6.314410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
6.32review under this chapter and rules of the board, if:
6.33 (1) the proposed action is:
6.34 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
6.35 (ii) an expansion of an existing animal feedlot facility with a total cumulative
6.36capacity of less than 1,000 animal units;
7.1 (2) the application for the animal feedlot facility includes a written commitment by
7.2the proposer to design, construct, and operate the facility in full compliance with Pollution
7.3Control Agency feedlot rules; and
7.4 (3) the county board holds a public meeting for citizen input at least ten business
7.5days prior to the Pollution Control Agency or county issuing a feedlot permit for the
7.6animal feedlot facility unless another public meeting for citizen input has been held with
7.7regard to the feedlot facility to be permitted. The exemption in this paragraph is in
7.8addition to other exemptions provided under other law and rules of the board.
7.9 (e) The board may, prior to final approval of a proposed project, require preparation
7.10of an environmental assessment worksheet by a responsible governmental unit selected
7.11by the board for any action where environmental review under this section has not been
7.12specifically provided for by rule or otherwise initiated.
7.13 (f) An early and open process shall be utilized to limit the scope of the environmental
7.14impact statement to a discussion of those impacts, which, because of the nature or location
7.15of the project, have the potential for significant environmental effects. The same process
7.16shall be utilized to determine the form, content and level of detail of the statement as well
7.17as the alternatives which are appropriate for consideration in the statement. In addition,
7.18the permits which will be required for the proposed action shall be identified during the
7.19scoping process. Further, the process shall identify those permits for which information
7.20will be developed concurrently with the environmental impact statement. The board
7.21shall provide in its rules for the expeditious completion of the scoping process. The
7.22determinations reached in the process shall be incorporated into the order requiring the
7.23preparation of an environmental impact statement.
7.24 (g) The responsible governmental unit shall, to the extent practicable, avoid
7.25duplication and ensure coordination between state and federal environmental review
7.26and between environmental review and environmental permitting. Whenever practical,
7.27information needed by a governmental unit for making final decisions on permits
7.28or other actions required for a proposed project shall be developed in conjunction
7.29with the preparation of an environmental impact statement. When an environmental
7.30impact statement is prepared for a project requiring multiple permits for which two or
7.31more agencies' decision processes include either mandatory or discretionary hearings
7.32before a hearing officer prior to the agencies' decision on the permit, the agencies
7.33may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
7.34consolidated hearing process if requested by the proposer. All agencies having jurisdiction
7.35over a permit that is included in the consolidated hearing shall participate. The responsible
7.36governmental unit shall establish appropriate procedures for the consolidated hearing
8.1process, including procedures to ensure that the consolidated hearing process is consistent
8.2with the applicable requirements for each permit regarding the rights and duties of parties to
8.3the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
8.4 The procedures of section
116C.28, subdivision 2, apply to the consolidated hearing.
8.5 (h) An environmental impact statement shall be prepared and its adequacy
8.6determined within 280 days after notice of its preparation unless the time is extended by
8.7consent of the parties or by the governor for good cause. The responsible governmental
8.8unit shall determine the adequacy of an environmental impact statement, unless within 60
8.9days after notice is published that an environmental impact statement will be prepared,
8.10the board chooses to determine the adequacy of an environmental impact statement. If an
8.11environmental impact statement is found to be inadequate, the responsible governmental
8.12unit shall have 60 days to prepare an adequate environmental impact statement.
8.13 (i) The proposer of a specific action may include in the information submitted to the
8.14responsible governmental unit a preliminary draft environmental impact statement under
8.15this section on that action for review, modification, and determination of completeness and
8.16adequacy by the responsible governmental unit. A preliminary draft environmental impact
8.17statement prepared by the project proposer and submitted to the responsible governmental
8.18unit shall identify or include as an appendix all studies and other sources of information
8.19used to substantiate the analysis contained in the preliminary draft environmental impact
8.20statement. The responsible governmental unit shall require additional studies, if needed,
8.21and obtain from the project proposer all additional studies and information necessary for
8.22the responsible governmental unit to perform its responsibility to review, modify, and
8.23determine the completeness and adequacy of the environmental impact statement.
8.24 Sec. 4. Minnesota Statutes 2012, section 116L.02, is amended to read:
8.25116L.02 JOB SKILLS PARTNERSHIP PROGRAM.
8.26(a) The Minnesota Job Skills Partnership program is created to act as a catalyst to
8.27bring together employers with specific training needs with educational or other nonprofit
8.28institutions which can design programs to fill those needs. The partnership shall work
8.29closely with employers to prepare, train and place prospective or incumbent workers in
8.30identifiable positions as well as assisting educational or other nonprofit institutions in
8.31developing training programs that coincide with current and future employer requirements.
8.32The partnership shall provide grants to educational or other nonprofit institutions for
8.33the purpose of training workers. A participating business must match the grant-in-aid
8.34made by the Minnesota Job Skills Partnership. The match may be in the form of funding,
8.35equipment, or faculty.
9.1(b) The partnership program shall administer the health care and human services
9.2worker training and retention program under sections
116L.10 to
116L.15.
9.3(c) (b) The partnership program is authorized to use funds to pay for training for
9.4individuals who have incomes at or below 200 percent of the federal poverty line.
9.5The board may grant funds to eligible recipients to pay for board-certified training.
9.6Eligible recipients of grants may include public, private, or nonprofit entities that provide
9.7employment services to low-income individuals.
9.8 Sec. 5. Minnesota Statutes 2012, section 116L.05, subdivision 5, is amended to read:
9.9 Subd. 5. Use of workforce development funds. After March 1 of any fiscal year,
9.10the board may use workforce development funds for the purposes outlined in sections
9.11116L.02, and 116L.04, and 116L.10 to 116L.14, or to provide incumbent worker training
9.12services under section 116L.18 if the following conditions have been met:
9.13 (1) the board examines relevant economic indicators, including the projected
9.14number of layoffs for the remainder of the fiscal year and the next fiscal year, evidence of
9.15declining and expanding industries, the number of initial applications for and the number
9.16of exhaustions of unemployment benefits, job vacancy data, and any additional relevant
9.17information brought to the board's attention;
9.18 (2) the board accounts for all allocations made in section 116L.17, subdivision 2;
9.19 (3) based on the past expenditures and projected revenue, the board estimates future
9.20funding needs for services under section 116L.17 for the remainder of the current fiscal
9.21year and the next fiscal year;
9.22 (4) the board determines there will be unspent funds after meeting the needs of
9.23dislocated workers in the current fiscal year and there will be sufficient revenue to meet
9.24the needs of dislocated workers in the next fiscal year; and
9.25 (5) the board reports its findings in clauses (1) to (4) to the chairs of legislative
9.26committees with jurisdiction over the workforce development fund, to the commissioners
9.27of revenue and management and budget, and to the public.
9.28 Sec. 6. Minnesota Statutes 2012, section 116L.20, subdivision 2, is amended to read:
9.29 Subd. 2. Disbursement of special assessment funds. (a) The money collected
9.30under this section shall be deposited in the state treasury and credited to the workforce
9.31development fund to provide for employment and training programs. The workforce
9.32development fund is created as a special account in the state treasury.
9.33 (b) All money in the fund not otherwise appropriated or transferred is appropriated
9.34to the Job Skills Partnership Board for the purposes of section116L.17 and as provided for
10.1in paragraph (d). The board must act as the fiscal agent for the money and must disburse
10.2that money for the purposes of section116L.17 , not allowing the money to be used for
10.3any other obligation of the state. All money in the workforce development fund shall be
10.4deposited, administered, and disbursed in the same manner and under the same conditions
10.5and requirements as are provided by law for the other special accounts in the state treasury,
10.6except that all interest or net income resulting from the investment or deposit of money in
10.7the fund shall accrue to the fund for the purposes of the fund.
10.8 (c) Reimbursement for costs related to collection of the special assessment shall be
10.9in an amount negotiated between the commissioner and the United States Department
10.10of Labor.
10.11 (d) If the board determines that the conditions of section116L.05, subdivision 5 ,
10.12have been met, the board may use funds for the purposes outlined insections section
10.13116L.04 and
116L.10 to
116L.14, or to provide incumbent worker training services under
10.14section116L.18 .
10.15 Sec. 7. Minnesota Statutes 2012, section 256J.49, subdivision 4, is amended to read:
10.16 Subd. 4. Employment and training service provider. "Employment and training
10.17service provider" means:
10.18(1) a public, private, or nonprofit agency with which a county has contracted to
10.19provide employment and training services and which is included in the county's service
10.20agreement submitted under section256J.626, subdivision 4 ;
10.21(2) a county agency, if the county has opted to provide employment and training
10.22services and the county has indicated that fact in the service agreement submitted under
10.23section256J.626, subdivision 4 ; or
10.24(3) a local public health department under section145A.17, subdivision 4a, that a
10.25county has designated to provide employment and training services and is included in the
10.26county's service agreement submitted under section256J.626, subdivision 4 .
10.27Notwithstanding section 116L.871, An employment and training services provider
10.28meeting this definition may deliver employment and training services under this chapter.
10.29 Sec. 8. Minnesota Statutes 2012, section 256J.51, subdivision 2, is amended to read:
10.30 Subd. 2. Appeal; alternate approval.(a) An employment and training service
10.31provider that is not included by a county agency in the service agreement under section
10.32256J.626, subdivision 4
, and that meets the criteria in paragraph (b), may appeal
10.33its exclusion to the commissioner of employment and economic development, and
11.1may request alternative approval by the commissioner of employment and economic
11.2development to provide services in the county.
11.3(b) An employment and training services provider that is requesting alternative
11.4approval must demonstrate to the commissioner that the provider meets the standards
11.5specified in section
116L.871, subdivision 1, paragraph (b), except that the provider's
11.6past experience may be in services and programs similar to those specified in section
11.7116L.871, subdivision 1, paragraph (b).
11.8 Sec. 9. REPEALER.
11.9 Subdivision 1. Reference to Minnesota Statutes, section 116J.70, subdivision 2a.
11.10Minnesota Statutes 2012, section 116J.74, subdivision 7a, is repealed.
11.11 Subd. 2. Reference to Minnesota Statutes, section 116L.363. Minnesota Statutes
11.122012, section 116L.361, subdivision 2, is repealed.
1.3unnecessary laws administered by the Department of Employment and Economic
1.4Development; making conforming changes;amending Minnesota Statutes 2012,
1.5sections 15.991, subdivision 1; 116C.34, subdivision 3; 116D.04, subdivision 2a;
1.6116L.02; 116L.05, subdivision 5; 116L.20, subdivision 2; 256J.49, subdivision
1.74; 256J.51, subdivision 2; 268.105, subdivision 7; 268.186; repealing Minnesota
1.8Statutes 2012, sections 116C.22; 116C.23; 116C.24; 116C.25; 116C.26;
1.9116C.261; 116C.27; 116C.28; 116C.29; 116C.30; 116C.31; 116C.32; 116C.33;
1.10116J.037; 116J.422; 116J.68, subdivision 5; 116J.74, subdivision 7a; 116J.874,
1.11subdivisions 1, 2, 3, 4, 5; 116J.987; 116J.988; 116J.989; 116J.990, subdivisions
1.121, 2, 3, 4, 5, 6; 116L.06; 116L.10; 116L.11; 116L.12, subdivisions 1, 3, 4, 5, 6;
1.13116L.13; 116L.14; 116L.15; 116L.361, subdivision 2; 116L.363; 116L.871;
1.14116L.872; 469.109; 469.124; Minnesota Statutes 2013 Supplement, sections
1.15116J.6581; 116J.70, subdivision 2a.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.19 Section 1. Minnesota Statutes 2012, section 268.105, subdivision 7, is amended to read:
1.20 Subd. 7. Judicial review. (a) The Minnesota Court of Appeals must, by writ of
1.21certiorari to the department, review the unemployment law judge's decision, provided a
1.22petition for the writ is filed with the court and a copy is served upon the unemployment
1.23law judge or the commissioner and any other involved party within 30 calendar days of
1.24the sending of the unemployment law judge's order under subdivision 2.
1.25 (b) Any employer petitioning for a writ of certiorari must pay to the court the
1.26required filing fee
1.27
1.28requests a written transcript of the testimony received at the evidentiary hearing conducted
2.1under subdivision 1, the employer must pay to the department the cost of preparing the
2.2transcript. That money is credited to the administration account.
2.3 (c) Upon issuance by the Minnesota Court of Appeals of a writ of certiorari as a result
2.4of an applicant's petition, the department must furnish to the applicant at no cost a written
2.5transcript of any testimony received at the evidentiary hearing conducted under subdivision
2.61, and, if requested, a copy of all exhibits entered into evidence. No filing fee or cost bond is
2.7required of an applicant petitioning the Minnesota Court of Appeals for a writ of certiorari.
2.8 (d) The Minnesota Court of Appeals may affirm the decision of the unemployment
2.9law judge or remand the case for further proceedings; or it may reverse or modify the
2.10decision if the substantial rights of the petitioner may have been prejudiced because the
2.11findings, inferences, conclusion, or decision are:
2.12 (1) in violation of constitutional provisions;
2.13 (2) in excess of the statutory authority or jurisdiction of the department;
2.14 (3) made upon unlawful procedure;
2.15 (4) affected by other error of law;
2.16 (5) unsupported by substantial evidence in view of the entire record as submitted; or
2.17 (6) arbitrary or capricious.
2.18 (e) The department is considered the primary responding party to any judicial action
2.19involving an unemployment law judge's decision. The department may be represented by
2.20an attorney licensed to practice law in Minnesota who is an employee of the department.
2.21 Sec. 2. Minnesota Statutes 2012, section 268.186, is amended to read:
2.22268.186 RECORDS; AUDITS.
2.23 (a) Each employer must keep true and accurate records
2.24
2.25commissioner may require
2.26must be kept for a period of not less than four years in addition to the current calendar year.
2.27 For the purpose of administering this chapter, the commissioner has the power to
2.28audit, examine, or cause to be supplied or copied, any books, correspondence, papers,
2.29records, or memoranda that are relevant, whether the books, correspondence, papers,
2.30records, or memoranda are the property of or in the possession of the employer or any
2.31other person at any reasonable time and as often as may be necessary.
2.32 (b) Any employer that refuses to allow an audit of its records by the department, or
2.33that fails to make all necessary records available for audit in Minnesota upon request of
2.34the commissioner, may be assessed an administrative penalty of $500.
3.1 An employer that fails to provide a weekly breakdown of money earned by an
3.2applicant upon request of the commissioner, information necessary for the detection of
3.3applicant fraud under section
3.4penalty of $100. Any notice requesting a weekly breakdown must clearly state that a $100
3.5penalty may be assessed for failure to provide the information. The penalty collected is
3.6credited to the trust fund.
3.7 (c) The commissioner may make summaries, compilations, photographs,
3.8duplications, or reproductions of any records, or reports that the commissioner considers
3.9advisable for the preservation of the information contained therein. Any summaries,
3.10compilations, photographs, duplications, or reproductions is admissible in any proceeding
3.11under this chapter. The commissioner may duplicate records, reports, summaries,
3.12compilations, instructions, determinations, or any other written or recorded matter
3.13pertaining to the administration of this chapter.
3.14 (d) Regardless of any law to the contrary, the commissioner may provide for the
3.15destruction of any records, reports, or reproductions, or other papers that are no longer
3.16necessary for the administration of this chapter, including any required audit. In addition,
3.17the commissioner may provide for the destruction or disposition of any record, report,
3.18or other paper from which the information has been electronically captured and stored,
3.19or that has been photographed, duplicated, or reproduced.
3.20 Sec. 3. REPEALER.
3.21 Subdivision 1. Environmental Coordination Procedures Act. Minnesota Statutes
3.222012, sections 116C.22; 116C.23; 116C.24; 116C.25; 116C.26; 116C.261; 116C.27;
3.23116C.28; 116C.29; 116C.30; 116C.31; 116C.32; and 116C.33, are repealed.
3.24 Subd. 2. E-Commerce ready designations. Minnesota Statutes 2012, section
3.25116J.037, is repealed.
3.26 Subd. 3. Rural policy and development center fund. Minnesota Statutes 2012,
3.27section 116J.422, is repealed.
3.28 Subd. 4. Minnesota Entrepreneur Resource Virtual Network (MERVN).
3.29Minnesota Statutes 2013 Supplement, section 116J.6581, is repealed.
3.30 Subd. 5. Small Business Development Center Advisory Board meetings.
3.31Minnesota Statutes 2012, section 116J.68, subdivision 5, is repealed.
3.32 Subd. 6. Business license assistance exceptions. Minnesota Statutes 2013
3.33Supplement, section 116J.70, subdivision 2a, is repealed.
3.34 Subd. 7. Affirmative enterprise program. Minnesota Statutes 2012, section
3.35116J.874, subdivisions 1, 2, 3, 4, and 5, are repealed.
4.1 Subd. 8. Board of Invention. Minnesota Statutes 2012, sections 116J.987;
4.2116J.988; 116J.989; and 116J.990, subdivisions 1, 2, 3, 4, 5, and 6, are repealed.
4.3 Subd. 9. HIRE education loan program. Minnesota Statutes 2012, section
4.4116L.06, is repealed.
4.5 Subd. 10. Healthcare and human services worker program. Minnesota Statutes
4.62012, sections 116L.10; 116L.11; 116L.12, subdivisions 1, 3, 4, 5, and 6; 116L.13;
4.7116L.14; and 116L.15, are repealed.
4.8 Subd. 11. Youthbuild advisory committee. Minnesota Statutes 2012, section
4.9116L.363, is repealed.
4.10 Subd. 12. Local service unit delivery. Minnesota Statutes 2012, sections 116L.871;
4.11and 116L.872, are repealed.
4.12 Subd. 13. Area redevelopment. Minnesota Statutes 2012, section 469.109, is
4.13repealed.
4.14 Subd. 14. City development districts. Minnesota Statutes 2012, section 469.124, is
4.15repealed.
4.18 Section 1. Minnesota Statutes 2012, section 15.991, subdivision 1, is amended to read:
4.19 Subdivision 1. Definitions. For purposes of this section and section
4.20(1) "business license" or "license" has the meaning given it in section
4.21subdivision 2
4.22
4.23
4.24(2) "customer" means an individual; a small business as defined in section
4.25but also including a nonprofit corporation that otherwise meets the criteria in that
4.26section; a family farm, family farm corporation, or family farm partnership as defined in
4.27section
4.28subdivision 14a
4.29(3) "initial agency" means the state agency to which a customer submits an
4.30application for a license or inquires about submitting an application; and
4.31(4) "responsible agency" means the initial agency or another state agency that agrees
4.32to be designated the responsible agency.
4.33 Sec. 2. Minnesota Statutes 2012, section 116C.34, subdivision 3, is amended to read:
5.1 Subd. 3. County responsibility. The auditor of each county shall post in a
5.2conspicuous place in the auditor's office the telephone numbers of the Bureau of Business
5.3Licenses and the permit information center in the office of the applicable regional
5.4development commission
5.5
5.6information published by the bureau or an information center pursuant to subdivision 1.
5.7 Sec. 3. Minnesota Statutes 2012, section 116D.04, subdivision 2a, is amended to read:
5.8 Subd. 2a. When prepared. Where there is potential for significant environmental
5.9effects resulting from any major governmental action, the action shall be preceded by a
5.10detailed environmental impact statement prepared by the responsible governmental unit.
5.11The environmental impact statement shall be an analytical rather than an encyclopedic
5.12document which describes the proposed action in detail, analyzes its significant
5.13environmental impacts, discusses appropriate alternatives to the proposed action and
5.14their impacts, and explores methods by which adverse environmental impacts of an
5.15action could be mitigated. The environmental impact statement shall also analyze those
5.16economic, employment, and sociological effects that cannot be avoided should the action
5.17be implemented. To ensure its use in the decision-making process, the environmental
5.18impact statement shall be prepared as early as practical in the formulation of an action.
5.19 (a) The board shall by rule establish categories of actions for which environmental
5.20impact statements and for which environmental assessment worksheets shall be prepared
5.21as well as categories of actions for which no environmental review is required under this
5.22section. A mandatory environmental assessment worksheet shall not be required for the
5.23expansion of an ethanol plant, as defined in section
5.24(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
5.25biobutanol facility as defined in section
5.26of the expanded or converted facility to produce alcohol fuel, but must be required if
5.27the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
5.28of actions for which environmental assessment worksheets must be prepared. The
5.29responsible governmental unit for an ethanol plant or biobutanol facility project for which
5.30an environmental assessment worksheet is prepared shall be the state agency with the
5.31greatest responsibility for supervising or approving the project as a whole.
5.32A mandatory environmental impact statement shall not be required for a facility
5.33or plant located outside the seven-county metropolitan area that produces less than
5.34125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, if the facility
5.35or plant is: an ethanol plant, as defined in section
6.1(b); a biobutanol facility, as defined in section
6.2cellulosic biofuel facility, as defined in section
6.3 (b) The responsible governmental unit shall promptly publish notice of the
6.4completion of an environmental assessment worksheet by publishing the notice in at least
6.5one newspaper of general circulation in the geographic area where the project is proposed,
6.6by posting the notice on a Web site that has been designated as the official publication site
6.7for publication of proceedings, public notices, and summaries of a political subdivision in
6.8which the project is proposed, or in any other manner determined by the board and shall
6.9provide copies of the environmental assessment worksheet to the board and its member
6.10agencies. Comments on the need for an environmental impact statement may be submitted
6.11to the responsible governmental unit during a 30-day period following publication of the
6.12notice that an environmental assessment worksheet has been completed. The responsible
6.13governmental unit's decision on the need for an environmental impact statement shall be
6.14based on the environmental assessment worksheet and the comments received during the
6.15comment period, and shall be made within 15 days after the close of the comment period.
6.16The board's chair may extend the 15-day period by not more than 15 additional days upon
6.17the request of the responsible governmental unit.
6.18 (c) An environmental assessment worksheet shall also be prepared for a proposed
6.19action whenever material evidence accompanying a petition by not less than 100
6.20individuals who reside or own property in the state, submitted before the proposed
6.21project has received final approval by the appropriate governmental units, demonstrates
6.22that, because of the nature or location of a proposed action, there may be potential for
6.23significant environmental effects. Petitions requesting the preparation of an environmental
6.24assessment worksheet shall be submitted to the board. The chair of the board shall
6.25determine the appropriate responsible governmental unit and forward the petition to it.
6.26A decision on the need for an environmental assessment worksheet shall be made by
6.27the responsible governmental unit within 15 days after the petition is received by the
6.28responsible governmental unit. The board's chair may extend the 15-day period by not
6.29more than 15 additional days upon request of the responsible governmental unit.
6.30 (d) Except in an environmentally sensitive location where Minnesota Rules, part
6.314410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
6.32review under this chapter and rules of the board, if:
6.33 (1) the proposed action is:
6.34 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
6.35 (ii) an expansion of an existing animal feedlot facility with a total cumulative
6.36capacity of less than 1,000 animal units;
7.1 (2) the application for the animal feedlot facility includes a written commitment by
7.2the proposer to design, construct, and operate the facility in full compliance with Pollution
7.3Control Agency feedlot rules; and
7.4 (3) the county board holds a public meeting for citizen input at least ten business
7.5days prior to the Pollution Control Agency or county issuing a feedlot permit for the
7.6animal feedlot facility unless another public meeting for citizen input has been held with
7.7regard to the feedlot facility to be permitted. The exemption in this paragraph is in
7.8addition to other exemptions provided under other law and rules of the board.
7.9 (e) The board may, prior to final approval of a proposed project, require preparation
7.10of an environmental assessment worksheet by a responsible governmental unit selected
7.11by the board for any action where environmental review under this section has not been
7.12specifically provided for by rule or otherwise initiated.
7.13 (f) An early and open process shall be utilized to limit the scope of the environmental
7.14impact statement to a discussion of those impacts, which, because of the nature or location
7.15of the project, have the potential for significant environmental effects. The same process
7.16shall be utilized to determine the form, content and level of detail of the statement as well
7.17as the alternatives which are appropriate for consideration in the statement. In addition,
7.18the permits which will be required for the proposed action shall be identified during the
7.19scoping process. Further, the process shall identify those permits for which information
7.20will be developed concurrently with the environmental impact statement. The board
7.21shall provide in its rules for the expeditious completion of the scoping process. The
7.22determinations reached in the process shall be incorporated into the order requiring the
7.23preparation of an environmental impact statement.
7.24 (g) The responsible governmental unit shall, to the extent practicable, avoid
7.25duplication and ensure coordination between state and federal environmental review
7.26and between environmental review and environmental permitting. Whenever practical,
7.27information needed by a governmental unit for making final decisions on permits
7.28or other actions required for a proposed project shall be developed in conjunction
7.29with the preparation of an environmental impact statement. When an environmental
7.30impact statement is prepared for a project requiring multiple permits for which two or
7.31more agencies' decision processes include either mandatory or discretionary hearings
7.32before a hearing officer prior to the agencies' decision on the permit, the agencies
7.33may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
7.34consolidated hearing process if requested by the proposer. All agencies having jurisdiction
7.35over a permit that is included in the consolidated hearing shall participate. The responsible
7.36governmental unit shall establish appropriate procedures for the consolidated hearing
8.1process, including procedures to ensure that the consolidated hearing process is consistent
8.2with the applicable requirements for each permit regarding the rights and duties of parties to
8.3the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
8.4
8.5 (h) An environmental impact statement shall be prepared and its adequacy
8.6determined within 280 days after notice of its preparation unless the time is extended by
8.7consent of the parties or by the governor for good cause. The responsible governmental
8.8unit shall determine the adequacy of an environmental impact statement, unless within 60
8.9days after notice is published that an environmental impact statement will be prepared,
8.10the board chooses to determine the adequacy of an environmental impact statement. If an
8.11environmental impact statement is found to be inadequate, the responsible governmental
8.12unit shall have 60 days to prepare an adequate environmental impact statement.
8.13 (i) The proposer of a specific action may include in the information submitted to the
8.14responsible governmental unit a preliminary draft environmental impact statement under
8.15this section on that action for review, modification, and determination of completeness and
8.16adequacy by the responsible governmental unit. A preliminary draft environmental impact
8.17statement prepared by the project proposer and submitted to the responsible governmental
8.18unit shall identify or include as an appendix all studies and other sources of information
8.19used to substantiate the analysis contained in the preliminary draft environmental impact
8.20statement. The responsible governmental unit shall require additional studies, if needed,
8.21and obtain from the project proposer all additional studies and information necessary for
8.22the responsible governmental unit to perform its responsibility to review, modify, and
8.23determine the completeness and adequacy of the environmental impact statement.
8.24 Sec. 4. Minnesota Statutes 2012, section 116L.02, is amended to read:
8.25116L.02 JOB SKILLS PARTNERSHIP PROGRAM.
8.26(a) The Minnesota Job Skills Partnership program is created to act as a catalyst to
8.27bring together employers with specific training needs with educational or other nonprofit
8.28institutions which can design programs to fill those needs. The partnership shall work
8.29closely with employers to prepare, train and place prospective or incumbent workers in
8.30identifiable positions as well as assisting educational or other nonprofit institutions in
8.31developing training programs that coincide with current and future employer requirements.
8.32The partnership shall provide grants to educational or other nonprofit institutions for
8.33the purpose of training workers. A participating business must match the grant-in-aid
8.34made by the Minnesota Job Skills Partnership. The match may be in the form of funding,
8.35equipment, or faculty.
9.1
9.2
9.3
9.4individuals who have incomes at or below 200 percent of the federal poverty line.
9.5The board may grant funds to eligible recipients to pay for board-certified training.
9.6Eligible recipients of grants may include public, private, or nonprofit entities that provide
9.7employment services to low-income individuals.
9.8 Sec. 5. Minnesota Statutes 2012, section 116L.05, subdivision 5, is amended to read:
9.9 Subd. 5. Use of workforce development funds. After March 1 of any fiscal year,
9.10the board may use workforce development funds for the purposes outlined in sections
9.11116L.02
9.12services under section 116L.18 if the following conditions have been met:
9.13 (1) the board examines relevant economic indicators, including the projected
9.14number of layoffs for the remainder of the fiscal year and the next fiscal year, evidence of
9.15declining and expanding industries, the number of initial applications for and the number
9.16of exhaustions of unemployment benefits, job vacancy data, and any additional relevant
9.17information brought to the board's attention;
9.18 (2) the board accounts for all allocations made in section 116L.17, subdivision 2;
9.19 (3) based on the past expenditures and projected revenue, the board estimates future
9.20funding needs for services under section 116L.17 for the remainder of the current fiscal
9.21year and the next fiscal year;
9.22 (4) the board determines there will be unspent funds after meeting the needs of
9.23dislocated workers in the current fiscal year and there will be sufficient revenue to meet
9.24the needs of dislocated workers in the next fiscal year; and
9.25 (5) the board reports its findings in clauses (1) to (4) to the chairs of legislative
9.26committees with jurisdiction over the workforce development fund, to the commissioners
9.27of revenue and management and budget, and to the public.
9.28 Sec. 6. Minnesota Statutes 2012, section 116L.20, subdivision 2, is amended to read:
9.29 Subd. 2. Disbursement of special assessment funds. (a) The money collected
9.30under this section shall be deposited in the state treasury and credited to the workforce
9.31development fund to provide for employment and training programs. The workforce
9.32development fund is created as a special account in the state treasury.
9.33 (b) All money in the fund not otherwise appropriated or transferred is appropriated
9.34to the Job Skills Partnership Board for the purposes of section
10.1in paragraph (d). The board must act as the fiscal agent for the money and must disburse
10.2that money for the purposes of section
10.3any other obligation of the state. All money in the workforce development fund shall be
10.4deposited, administered, and disbursed in the same manner and under the same conditions
10.5and requirements as are provided by law for the other special accounts in the state treasury,
10.6except that all interest or net income resulting from the investment or deposit of money in
10.7the fund shall accrue to the fund for the purposes of the fund.
10.8 (c) Reimbursement for costs related to collection of the special assessment shall be
10.9in an amount negotiated between the commissioner and the United States Department
10.10of Labor.
10.11 (d) If the board determines that the conditions of section
10.12have been met, the board may use funds for the purposes outlined in
10.13
10.14section
10.15 Sec. 7. Minnesota Statutes 2012, section 256J.49, subdivision 4, is amended to read:
10.16 Subd. 4. Employment and training service provider. "Employment and training
10.17service provider" means:
10.18(1) a public, private, or nonprofit agency with which a county has contracted to
10.19provide employment and training services and which is included in the county's service
10.20agreement submitted under section
10.21(2) a county agency, if the county has opted to provide employment and training
10.22services and the county has indicated that fact in the service agreement submitted under
10.23section
10.24(3) a local public health department under section
10.25county has designated to provide employment and training services and is included in the
10.26county's service agreement submitted under section
10.27
10.28meeting this definition may deliver employment and training services under this chapter.
10.29 Sec. 8. Minnesota Statutes 2012, section 256J.51, subdivision 2, is amended to read:
10.30 Subd. 2. Appeal; alternate approval.
10.31provider that is not included by a county agency in the service agreement under section
10.33its exclusion to the commissioner of employment and economic development, and
11.1may request alternative approval by the commissioner of employment and economic
11.2development to provide services in the county.
11.3
11.4
11.5
11.6
11.7
11.8 Sec. 9. REPEALER.
11.9 Subdivision 1. Reference to Minnesota Statutes, section 116J.70, subdivision 2a.
11.10Minnesota Statutes 2012, section 116J.74, subdivision 7a, is repealed.
11.11 Subd. 2. Reference to Minnesota Statutes, section 116L.363. Minnesota Statutes
11.122012, section 116L.361, subdivision 2, is repealed.
