Bill Text: MN SF2617 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.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.578; 116J.658; 116J.68, subdivision 5; 116J.74,
1.11subdivision 7a; 116J.874, subdivisions 1, 2, 3, 4, 5; 116J.885; 116J.987;
1.12116J.988; 116J.989; 116J.990, subdivisions 1, 2, 3, 4, 5, 6; 116L.06; 116L.10;
1.13116L.11; 116L.12, subdivisions 1, 3, 4, 5, 6; 116L.13; 116L.14; 116L.146;
1.14116L.15; 116L.361, subdivision 2; 116L.363; 116L.871; 116L.872; 469.109;
1.15469.124; 469.35; 469.351; Minnesota Statutes 2013 Supplement, sections
1.16116J.6581; 116J.70, subdivision 2a.
1.17BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.20 Section 1. Minnesota Statutes 2012, section 268.105, subdivision 7, is amended to read:
1.21 Subd. 7. Judicial review. (a) The Minnesota Court of Appeals must, by writ of
1.22certiorari to the department, review the unemployment law judge's decision, provided a
1.23petition for the writ is filed with the court and a copy is served upon the unemployment
1.24law judge or the commissioner and any other involved party within 30 calendar days of
1.25the sending of the unemployment law judge's order under subdivision 2.
1.26 (b) Any employer petitioning for a writ of certiorari must pay to the court the
1.27required filing feeand upon the service of the writ must furnish a cost bond to the
1.28department in accordance with the Rules of Civil Appellate Procedure. If the employer
2.1requests a written transcript of the testimony received at the evidentiary hearing conducted
2.2under subdivision 1, the employer must pay to the department the cost of preparing the
2.3transcript. That money is credited to the administration account.
2.4 (c) Upon issuance by the Minnesota Court of Appeals of a writ of certiorari as a result
2.5of an applicant's petition, the department must furnish to the applicant at no cost a written
2.6transcript of any testimony received at the evidentiary hearing conducted under subdivision
2.71, and, if requested, a copy of all exhibits entered into evidence. No filing fee or cost bond is
2.8required of an applicant petitioning the Minnesota Court of Appeals for a writ of certiorari.
2.9 (d) The Minnesota Court of Appeals may affirm the decision of the unemployment
2.10law judge or remand the case for further proceedings; or it may reverse or modify the
2.11decision if the substantial rights of the petitioner may have been prejudiced because the
2.12findings, inferences, conclusion, or decision are:
2.13 (1) in violation of constitutional provisions;
2.14 (2) in excess of the statutory authority or jurisdiction of the department;
2.15 (3) made upon unlawful procedure;
2.16 (4) affected by other error of law;
2.17 (5) unsupported by substantial evidence in view of the entire record as submitted; or
2.18 (6) arbitrary or capricious.
2.19 (e) The department is considered the primary responding party to any judicial action
2.20involving an unemployment law judge's decision. The department may be represented by
2.21an attorney licensed to practice law in Minnesota who is an employee of the department.
2.22 Sec. 2. Minnesota Statutes 2012, section 268.186, is amended to read:
2.23268.186 RECORDS; AUDITS.
2.24 (a) Each employer must keep true and accurate recordsfor the periods of time
2.25and on individuals performing services for the employer, containing the information the
2.26commissioner may requireby rule under Minnesota Rules, part 3315.1010. The records
2.27must be kept for a period of not less than four years in addition to the current calendar year.
2.28 (b) For the purpose of administering this chapter, the commissioner has the power
2.29to audit, examine, or cause to be supplied or copied, any books, correspondence, papers,
2.30records, or memoranda thatare relevant, whether the books, correspondence, papers,
2.31records, or memoranda are the property of, or in the possession of the, an employer or any
2.32other person at any reasonable time and as often as may be necessary. Subpoenas may be
2.33issued under section 268.188, as are necessary, for an audit.
2.34(b) Any An employer, or other person, that refuses to allow an audit of its records by
2.35the department, or that fails to make all necessary records available for audit in Minnesota
3.1upon request of the commissioner, may be assessed an administrative penalty of $500.
3.2The penalty collected is credited to the trust fund.
3.3 (c) An employer, or other person, that fails to provide a weekly breakdown of money
3.4earned by an applicant upon request of the commissioner, information necessary for the
3.5detection of applicant fraud under section268.18, subdivision 2 , may be assessed an
3.6administrative penalty of $100. Any notice requesting a weekly breakdown must clearly
3.7state that a $100 penalty may be assessed for failure to provide the information. The
3.8penalty collected is credited to the trust fund.
3.9(c) (d) The commissioner may make summaries, compilations, photographs,
3.10duplications, or reproductions of any records, or reports that the commissioner considers
3.11advisable for the preservation of the information contained therein. Any summaries,
3.12compilations, photographs, duplications, or reproductions is admissible in any proceeding
3.13under this chapter. The commissioner may duplicate records, reports, summaries,
3.14compilations, instructions, determinations, or any other written or recorded matter
3.15pertaining to the administration of this chapter.
3.16(d) (e) Regardless of any law to the contrary, the commissioner may provide for the
3.17destruction of any records, reports, or reproductions, or other papers that are no longer
3.18necessary for the administration of this chapter, including any required audit. In addition,
3.19the commissioner may provide for the destruction or disposition of any record, report,
3.20or other paper from which the information has been electronically captured and stored,
3.21or that has been photographed, duplicated, or reproduced.
3.22 Sec. 3. REPEALER.
3.23 Subdivision 1. Environmental Coordination Procedures Act. Minnesota Statutes
3.242012, sections 116C.22; 116C.23; 116C.24; 116C.25; 116C.26; 116C.261; 116C.27;
3.25116C.28; 116C.29; 116C.30; 116C.31; 116C.32; and 116C.33, are repealed.
3.26 Subd. 2. E-Commerce ready designations. Minnesota Statutes 2012, section
3.27116J.037, is repealed.
3.28 Subd. 3. Rural policy and development center fund. Minnesota Statutes 2012,
3.29section 116J.422, is repealed.
3.30 Subd. 4. Bioscience subsidy. Minnesota Statutes 2012, section 116J.578, is repealed.
3.31 Subd. 5. Science and technology economic development project. Minnesota
3.32Statutes 2012, section 116J.658, is repealed.
3.33 Subd. 6. Minnesota Entrepreneur Resource Virtual Network (MERVN).
3.34Minnesota Statutes 2013 Supplement, section 116J.6581, is repealed.
4.1 Subd. 7. Small Business Development Center Advisory Board meetings.
4.2Minnesota Statutes 2012, section 116J.68, subdivision 5, is repealed.
4.3 Subd. 8. Business license assistance exceptions. Minnesota Statutes 2013
4.4Supplement, section 116J.70, subdivision 2a, is repealed.
4.5 Subd. 9. Affirmative enterprise program. Minnesota Statutes 2012, section
4.6116J.874, subdivisions 1, 2, 3, 4, and 5, are repealed.
4.7 Subd. 10. Biomedical Innovation and Commercialization Initiative. Minnesota
4.8Statutes 2012, section 116J.885, is repealed.
4.9 Subd. 11. Board of Invention. Minnesota Statutes 2012, sections 116J.987;
4.10116J.988; 116J.989; and 116J.990, subdivisions 1, 2, 3, 4, 5, and 6, are repealed.
4.11 Subd. 12. HIRE education loan program. Minnesota Statutes 2012, section
4.12116L.06, is repealed.
4.13 Subd. 13. Healthcare and human services worker program. Minnesota Statutes
4.142012, sections 116L.10; 116L.11; 116L.12, subdivisions 1, 3, 4, 5, and 6; 116L.13;
4.15116L.14; 116L.146; and 116L.15, are repealed.
4.16 Subd. 14. Youthbuild advisory committee. Minnesota Statutes 2012, section
4.17116L.363, is repealed.
4.18 Subd. 15. Local service unit delivery. Minnesota Statutes 2012, sections 116L.871;
4.19and 116L.872, are repealed.
4.20 Subd. 16. Transit improvement areas. Minnesota Statutes 2012, sections 469.35;
4.21and 469.351, are repealed.
4.22 Subd. 17. Area redevelopment. Minnesota Statutes 2012, section 469.109, is
4.23repealed.
4.24 Subd. 18. City development districts. Minnesota Statutes 2012, section 469.124, is
4.25repealed.
4.28 Section 1. Minnesota Statutes 2012, section 15.991, subdivision 1, is amended to read:
4.29 Subdivision 1. Definitions. For purposes of this section and section15.992 :
4.30(1) "business license" or "license" has the meaning given it in section116J.70,
4.31subdivision 2 , and also includes licenses and other forms of approval listed in section
4.32116J.70, subdivision 2a, clauses (7) and (8), but does not include those listed in
4.33subdivision 2a, clauses (1) to (6);
4.34(2) "customer" means an individual; a small business as defined in section645.445 ,
4.35but also including a nonprofit corporation that otherwise meets the criteria in that
5.1section; a family farm, family farm corporation, or family farm partnership as defined in
5.2section500.24, subdivision 2 ; or a political subdivision as defined in section
103G.005,
5.3subdivision 14a ;
5.4(3) "initial agency" means the state agency to which a customer submits an
5.5application for a license or inquires about submitting an application; and
5.6(4) "responsible agency" means the initial agency or another state agency that agrees
5.7to be designated the responsible agency.
5.8 Sec. 2. Minnesota Statutes 2012, section 116C.34, subdivision 3, is amended to read:
5.9 Subd. 3. County responsibility. The auditor of each county shall post in a
5.10conspicuous place in the auditor's office the telephone numbers of the Bureau of Business
5.11Licenses and the permit information center in the office of the applicable regional
5.12development commission; copies of any master applications or permit applications
5.13forwarded to the auditor pursuant to section
116C.27, subdivision 1; and copies of any
5.14information published by the bureau or an information center pursuant to subdivision 1.
5.15 Sec. 3. Minnesota Statutes 2012, section 116D.04, subdivision 2a, is amended to read:
5.16 Subd. 2a. When prepared. Where there is potential for significant environmental
5.17effects resulting from any major governmental action, the action shall be preceded by a
5.18detailed environmental impact statement prepared by the responsible governmental unit.
5.19The environmental impact statement shall be an analytical rather than an encyclopedic
5.20document which describes the proposed action in detail, analyzes its significant
5.21environmental impacts, discusses appropriate alternatives to the proposed action and
5.22their impacts, and explores methods by which adverse environmental impacts of an
5.23action could be mitigated. The environmental impact statement shall also analyze those
5.24economic, employment, and sociological effects that cannot be avoided should the action
5.25be implemented. To ensure its use in the decision-making process, the environmental
5.26impact statement shall be prepared as early as practical in the formulation of an action.
5.27 (a) The board shall by rule establish categories of actions for which environmental
5.28impact statements and for which environmental assessment worksheets shall be prepared
5.29as well as categories of actions for which no environmental review is required under this
5.30section. A mandatory environmental assessment worksheet shall not be required for the
5.31expansion of an ethanol plant, as defined in section41A.09, subdivision 2a , paragraph
5.32(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
5.33biobutanol facility as defined in section41A.105, subdivision 1a , based on the capacity
5.34of the expanded or converted facility to produce alcohol fuel, but must be required if
6.1the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
6.2of actions for which environmental assessment worksheets must be prepared. The
6.3responsible governmental unit for an ethanol plant or biobutanol facility project for which
6.4an environmental assessment worksheet is prepared shall be the state agency with the
6.5greatest responsibility for supervising or approving the project as a whole.
6.6A mandatory environmental impact statement shall not be required for a facility
6.7or plant located outside the seven-county metropolitan area that produces less than
6.8125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, if the facility
6.9or plant is: an ethanol plant, as defined in section41A.09, subdivision 2a , paragraph
6.10(b); a biobutanol facility, as defined in section41A.105, subdivision 1a , clause (1); or a
6.11cellulosic biofuel facility, as defined in section41A.10, subdivision 1 , paragraph (d).
6.12 (b) The responsible governmental unit shall promptly publish notice of the
6.13completion of an environmental assessment worksheet by publishing the notice in at least
6.14one newspaper of general circulation in the geographic area where the project is proposed,
6.15by posting the notice on a Web site that has been designated as the official publication site
6.16for publication of proceedings, public notices, and summaries of a political subdivision in
6.17which the project is proposed, or in any other manner determined by the board and shall
6.18provide copies of the environmental assessment worksheet to the board and its member
6.19agencies. Comments on the need for an environmental impact statement may be submitted
6.20to the responsible governmental unit during a 30-day period following publication of the
6.21notice that an environmental assessment worksheet has been completed. The responsible
6.22governmental unit's decision on the need for an environmental impact statement shall be
6.23based on the environmental assessment worksheet and the comments received during the
6.24comment period, and shall be made within 15 days after the close of the comment period.
6.25The board's chair may extend the 15-day period by not more than 15 additional days upon
6.26the request of the responsible governmental unit.
6.27 (c) An environmental assessment worksheet shall also be prepared for a proposed
6.28action whenever material evidence accompanying a petition by not less than 100
6.29individuals who reside or own property in the state, submitted before the proposed
6.30project has received final approval by the appropriate governmental units, demonstrates
6.31that, because of the nature or location of a proposed action, there may be potential for
6.32significant environmental effects. Petitions requesting the preparation of an environmental
6.33assessment worksheet shall be submitted to the board. The chair of the board shall
6.34determine the appropriate responsible governmental unit and forward the petition to it.
6.35A decision on the need for an environmental assessment worksheet shall be made by
6.36the responsible governmental unit within 15 days after the petition is received by the
7.1responsible governmental unit. The board's chair may extend the 15-day period by not
7.2more than 15 additional days upon request of the responsible governmental unit.
7.3 (d) Except in an environmentally sensitive location where Minnesota Rules, part
7.44410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
7.5review under this chapter and rules of the board, if:
7.6 (1) the proposed action is:
7.7 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
7.8 (ii) an expansion of an existing animal feedlot facility with a total cumulative
7.9capacity of less than 1,000 animal units;
7.10 (2) the application for the animal feedlot facility includes a written commitment by
7.11the proposer to design, construct, and operate the facility in full compliance with Pollution
7.12Control Agency feedlot rules; and
7.13 (3) the county board holds a public meeting for citizen input at least ten business
7.14days prior to the Pollution Control Agency or county issuing a feedlot permit for the
7.15animal feedlot facility unless another public meeting for citizen input has been held with
7.16regard to the feedlot facility to be permitted. The exemption in this paragraph is in
7.17addition to other exemptions provided under other law and rules of the board.
7.18 (e) The board may, prior to final approval of a proposed project, require preparation
7.19of an environmental assessment worksheet by a responsible governmental unit selected
7.20by the board for any action where environmental review under this section has not been
7.21specifically provided for by rule or otherwise initiated.
7.22 (f) An early and open process shall be utilized to limit the scope of the environmental
7.23impact statement to a discussion of those impacts, which, because of the nature or location
7.24of the project, have the potential for significant environmental effects. The same process
7.25shall be utilized to determine the form, content and level of detail of the statement as well
7.26as the alternatives which are appropriate for consideration in the statement. In addition,
7.27the permits which will be required for the proposed action shall be identified during the
7.28scoping process. Further, the process shall identify those permits for which information
7.29will be developed concurrently with the environmental impact statement. The board
7.30shall provide in its rules for the expeditious completion of the scoping process. The
7.31determinations reached in the process shall be incorporated into the order requiring the
7.32preparation of an environmental impact statement.
7.33 (g) The responsible governmental unit shall, to the extent practicable, avoid
7.34duplication and ensure coordination between state and federal environmental review
7.35and between environmental review and environmental permitting. Whenever practical,
7.36information needed by a governmental unit for making final decisions on permits
8.1or other actions required for a proposed project shall be developed in conjunction
8.2with the preparation of an environmental impact statement. When an environmental
8.3impact statement is prepared for a project requiring multiple permits for which two or
8.4more agencies' decision processes include either mandatory or discretionary hearings
8.5before a hearing officer prior to the agencies' decision on the permit, the agencies
8.6may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
8.7consolidated hearing process if requested by the proposer. All agencies having jurisdiction
8.8over a permit that is included in the consolidated hearing shall participate. The responsible
8.9governmental unit shall establish appropriate procedures for the consolidated hearing
8.10process, including procedures to ensure that the consolidated hearing process is consistent
8.11with the applicable requirements for each permit regarding the rights and duties of parties to
8.12the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
8.13 The procedures of section
116C.28, subdivision 2, apply to the consolidated hearing.
8.14 (h) An environmental impact statement shall be prepared and its adequacy
8.15determined within 280 days after notice of its preparation unless the time is extended by
8.16consent of the parties or by the governor for good cause. The responsible governmental
8.17unit shall determine the adequacy of an environmental impact statement, unless within 60
8.18days after notice is published that an environmental impact statement will be prepared,
8.19the board chooses to determine the adequacy of an environmental impact statement. If an
8.20environmental impact statement is found to be inadequate, the responsible governmental
8.21unit shall have 60 days to prepare an adequate environmental impact statement.
8.22 (i) The proposer of a specific action may include in the information submitted to the
8.23responsible governmental unit a preliminary draft environmental impact statement under
8.24this section on that action for review, modification, and determination of completeness and
8.25adequacy by the responsible governmental unit. A preliminary draft environmental impact
8.26statement prepared by the project proposer and submitted to the responsible governmental
8.27unit shall identify or include as an appendix all studies and other sources of information
8.28used to substantiate the analysis contained in the preliminary draft environmental impact
8.29statement. The responsible governmental unit shall require additional studies, if needed,
8.30and obtain from the project proposer all additional studies and information necessary for
8.31the responsible governmental unit to perform its responsibility to review, modify, and
8.32determine the completeness and adequacy of the environmental impact statement.
8.33 Sec. 4. Minnesota Statutes 2012, section 116L.02, is amended to read:
8.34116L.02 JOB SKILLS PARTNERSHIP PROGRAM.
9.1(a) The Minnesota Job Skills Partnership program is created to act as a catalyst to
9.2bring together employers with specific training needs with educational or other nonprofit
9.3institutions which can design programs to fill those needs. The partnership shall work
9.4closely with employers to prepare, train and place prospective or incumbent workers in
9.5identifiable positions as well as assisting educational or other nonprofit institutions in
9.6developing training programs that coincide with current and future employer requirements.
9.7The partnership shall provide grants to educational or other nonprofit institutions for
9.8the purpose of training workers. A participating business must match the grant-in-aid
9.9made by the Minnesota Job Skills Partnership. The match may be in the form of funding,
9.10equipment, or faculty.
9.11(b) The partnership program shall administer the health care and human services
9.12worker training and retention program under sections
116L.10 to
116L.15.
9.13(c) (b) The partnership program is authorized to use funds to pay for training for
9.14individuals who have incomes at or below 200 percent of the federal poverty line.
9.15The board may grant funds to eligible recipients to pay for board-certified training.
9.16Eligible recipients of grants may include public, private, or nonprofit entities that provide
9.17employment services to low-income individuals.
9.18 Sec. 5. Minnesota Statutes 2012, section 116L.05, subdivision 5, is amended to read:
9.19 Subd. 5. Use of workforce development funds. After March 1 of any fiscal year,
9.20the board may use workforce development funds for the purposes outlined in sections
9.21116L.02, and 116L.04, and 116L.10 to 116L.14, or to provide incumbent worker training
9.22services under section 116L.18 if the following conditions have been met:
9.23 (1) the board examines relevant economic indicators, including the projected
9.24number of layoffs for the remainder of the fiscal year and the next fiscal year, evidence of
9.25declining and expanding industries, the number of initial applications for and the number
9.26of exhaustions of unemployment benefits, job vacancy data, and any additional relevant
9.27information brought to the board's attention;
9.28 (2) the board accounts for all allocations made in section 116L.17, subdivision 2;
9.29 (3) based on the past expenditures and projected revenue, the board estimates future
9.30funding needs for services under section 116L.17 for the remainder of the current fiscal
9.31year and the next fiscal year;
9.32 (4) the board determines there will be unspent funds after meeting the needs of
9.33dislocated workers in the current fiscal year and there will be sufficient revenue to meet
9.34the needs of dislocated workers in the next fiscal year; and
10.1 (5) the board reports its findings in clauses (1) to (4) to the chairs of legislative
10.2committees with jurisdiction over the workforce development fund, to the commissioners
10.3of revenue and management and budget, and to the public.
10.4 Sec. 6. Minnesota Statutes 2012, section 116L.20, subdivision 2, is amended to read:
10.5 Subd. 2. Disbursement of special assessment funds. (a) The money collected
10.6under this section shall be deposited in the state treasury and credited to the workforce
10.7development fund to provide for employment and training programs. The workforce
10.8development fund is created as a special account in the state treasury.
10.9 (b) All money in the fund not otherwise appropriated or transferred is appropriated
10.10to the Job Skills Partnership Board for the purposes of section116L.17 and as provided for
10.11in paragraph (d). The board must act as the fiscal agent for the money and must disburse
10.12that money for the purposes of section116L.17 , not allowing the money to be used for
10.13any other obligation of the state. All money in the workforce development fund shall be
10.14deposited, administered, and disbursed in the same manner and under the same conditions
10.15and requirements as are provided by law for the other special accounts in the state treasury,
10.16except that all interest or net income resulting from the investment or deposit of money in
10.17the fund shall accrue to the fund for the purposes of the fund.
10.18 (c) Reimbursement for costs related to collection of the special assessment shall be
10.19in an amount negotiated between the commissioner and the United States Department
10.20of Labor.
10.21 (d) If the board determines that the conditions of section116L.05, subdivision 5 ,
10.22have been met, the board may use funds for the purposes outlined insections section
10.23116L.04 and
116L.10 to
116L.14, or to provide incumbent worker training services under
10.24section116L.18 .
10.25 Sec. 7. Minnesota Statutes 2012, section 256J.49, subdivision 4, is amended to read:
10.26 Subd. 4. Employment and training service provider. "Employment and training
10.27service provider" means:
10.28(1) a public, private, or nonprofit agency with which a county has contracted to
10.29provide employment and training services and which is included in the county's service
10.30agreement submitted under section256J.626, subdivision 4 ;
10.31(2) a county agency, if the county has opted to provide employment and training
10.32services and the county has indicated that fact in the service agreement submitted under
10.33section256J.626, subdivision 4 ; or
11.1(3) a local public health department under section145A.17, subdivision 4a, that a
11.2county has designated to provide employment and training services and is included in the
11.3county's service agreement submitted under section256J.626, subdivision 4 .
11.4Notwithstanding section 116L.871, An employment and training services provider
11.5meeting this definition may deliver employment and training services under this chapter.
11.6 Sec. 8. Minnesota Statutes 2012, section 256J.51, subdivision 2, is amended to read:
11.7 Subd. 2. Appeal; alternate approval.(a) An employment and training service
11.8provider that is not included by a county agency in the service agreement under section
11.9256J.626, subdivision 4
, and that meets the criteria in paragraph (b), may appeal
11.10its exclusion to the commissioner of employment and economic development, and
11.11may request alternative approval by the commissioner of employment and economic
11.12development to provide services in the county.
11.13(b) An employment and training services provider that is requesting alternative
11.14approval must demonstrate to the commissioner that the provider meets the standards
11.15specified in section
116L.871, subdivision 1, paragraph (b), except that the provider's
11.16past experience may be in services and programs similar to those specified in section
11.17116L.871, subdivision 1, paragraph (b).
11.18 Sec. 9. REPEALER.
11.19 Subdivision 1. Reference to Minnesota Statutes, section 116J.70, subdivision 2a.
11.20Minnesota Statutes 2012, section 116J.74, subdivision 7a, is repealed.
11.21 Subd. 2. Reference to Minnesota Statutes, section 116L.363. Minnesota Statutes
11.222012, 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.578; 116J.658; 116J.68, subdivision 5; 116J.74,
1.11subdivision 7a; 116J.874, subdivisions 1, 2, 3, 4, 5; 116J.885; 116J.987;
1.12116J.988; 116J.989; 116J.990, subdivisions 1, 2, 3, 4, 5, 6; 116L.06; 116L.10;
1.13116L.11; 116L.12, subdivisions 1, 3, 4, 5, 6; 116L.13; 116L.14; 116L.146;
1.14116L.15; 116L.361, subdivision 2; 116L.363; 116L.871; 116L.872; 469.109;
1.15469.124; 469.35; 469.351; Minnesota Statutes 2013 Supplement, sections
1.16116J.6581; 116J.70, subdivision 2a.
1.17BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.20 Section 1. Minnesota Statutes 2012, section 268.105, subdivision 7, is amended to read:
1.21 Subd. 7. Judicial review. (a) The Minnesota Court of Appeals must, by writ of
1.22certiorari to the department, review the unemployment law judge's decision, provided a
1.23petition for the writ is filed with the court and a copy is served upon the unemployment
1.24law judge or the commissioner and any other involved party within 30 calendar days of
1.25the sending of the unemployment law judge's order under subdivision 2.
1.26 (b) Any employer petitioning for a writ of certiorari must pay to the court the
1.27required filing fee
1.28
2.1requests a written transcript of the testimony received at the evidentiary hearing conducted
2.2under subdivision 1, the employer must pay to the department the cost of preparing the
2.3transcript. That money is credited to the administration account.
2.4 (c) Upon issuance by the Minnesota Court of Appeals of a writ of certiorari as a result
2.5of an applicant's petition, the department must furnish to the applicant at no cost a written
2.6transcript of any testimony received at the evidentiary hearing conducted under subdivision
2.71, and, if requested, a copy of all exhibits entered into evidence. No filing fee or cost bond is
2.8required of an applicant petitioning the Minnesota Court of Appeals for a writ of certiorari.
2.9 (d) The Minnesota Court of Appeals may affirm the decision of the unemployment
2.10law judge or remand the case for further proceedings; or it may reverse or modify the
2.11decision if the substantial rights of the petitioner may have been prejudiced because the
2.12findings, inferences, conclusion, or decision are:
2.13 (1) in violation of constitutional provisions;
2.14 (2) in excess of the statutory authority or jurisdiction of the department;
2.15 (3) made upon unlawful procedure;
2.16 (4) affected by other error of law;
2.17 (5) unsupported by substantial evidence in view of the entire record as submitted; or
2.18 (6) arbitrary or capricious.
2.19 (e) The department is considered the primary responding party to any judicial action
2.20involving an unemployment law judge's decision. The department may be represented by
2.21an attorney licensed to practice law in Minnesota who is an employee of the department.
2.22 Sec. 2. Minnesota Statutes 2012, section 268.186, is amended to read:
2.23268.186 RECORDS; AUDITS.
2.24 (a) Each employer must keep true and accurate records
2.25
2.26commissioner may require
2.27must be kept for a period of not less than four years in addition to the current calendar year.
2.28 (b) For the purpose of administering this chapter, the commissioner has the power
2.29to audit, examine, or cause to be supplied or copied, any books, correspondence, papers,
2.30records, or memoranda that
2.31
2.32other person at any reasonable time and as often as may be necessary. Subpoenas may be
2.33issued under section 268.188, as are necessary, for an audit.
2.34
2.35the department, or that fails to make all necessary records available for audit in Minnesota
3.1upon request of the commissioner, may be assessed an administrative penalty of $500.
3.2The penalty collected is credited to the trust fund.
3.3 (c) An employer, or other person, that fails to provide a weekly breakdown of money
3.4earned by an applicant upon request of the commissioner, information necessary for the
3.5detection of applicant fraud under section
3.6administrative penalty of $100. Any notice requesting a weekly breakdown must clearly
3.7state that a $100 penalty may be assessed for failure to provide the information. The
3.8penalty collected is credited to the trust fund.
3.9
3.10duplications, or reproductions of any records, or reports that the commissioner considers
3.11advisable for the preservation of the information contained therein. Any summaries,
3.12compilations, photographs, duplications, or reproductions is admissible in any proceeding
3.13under this chapter. The commissioner may duplicate records, reports, summaries,
3.14compilations, instructions, determinations, or any other written or recorded matter
3.15pertaining to the administration of this chapter.
3.16
3.17destruction of any records, reports, or reproductions, or other papers that are no longer
3.18necessary for the administration of this chapter, including any required audit. In addition,
3.19the commissioner may provide for the destruction or disposition of any record, report,
3.20or other paper from which the information has been electronically captured and stored,
3.21or that has been photographed, duplicated, or reproduced.
3.22 Sec. 3. REPEALER.
3.23 Subdivision 1. Environmental Coordination Procedures Act. Minnesota Statutes
3.242012, sections 116C.22; 116C.23; 116C.24; 116C.25; 116C.26; 116C.261; 116C.27;
3.25116C.28; 116C.29; 116C.30; 116C.31; 116C.32; and 116C.33, are repealed.
3.26 Subd. 2. E-Commerce ready designations. Minnesota Statutes 2012, section
3.27116J.037, is repealed.
3.28 Subd. 3. Rural policy and development center fund. Minnesota Statutes 2012,
3.29section 116J.422, is repealed.
3.30 Subd. 4. Bioscience subsidy. Minnesota Statutes 2012, section 116J.578, is repealed.
3.31 Subd. 5. Science and technology economic development project. Minnesota
3.32Statutes 2012, section 116J.658, is repealed.
3.33 Subd. 6. Minnesota Entrepreneur Resource Virtual Network (MERVN).
3.34Minnesota Statutes 2013 Supplement, section 116J.6581, is repealed.
4.1 Subd. 7. Small Business Development Center Advisory Board meetings.
4.2Minnesota Statutes 2012, section 116J.68, subdivision 5, is repealed.
4.3 Subd. 8. Business license assistance exceptions. Minnesota Statutes 2013
4.4Supplement, section 116J.70, subdivision 2a, is repealed.
4.5 Subd. 9. Affirmative enterprise program. Minnesota Statutes 2012, section
4.6116J.874, subdivisions 1, 2, 3, 4, and 5, are repealed.
4.7 Subd. 10. Biomedical Innovation and Commercialization Initiative. Minnesota
4.8Statutes 2012, section 116J.885, is repealed.
4.9 Subd. 11. Board of Invention. Minnesota Statutes 2012, sections 116J.987;
4.10116J.988; 116J.989; and 116J.990, subdivisions 1, 2, 3, 4, 5, and 6, are repealed.
4.11 Subd. 12. HIRE education loan program. Minnesota Statutes 2012, section
4.12116L.06, is repealed.
4.13 Subd. 13. Healthcare and human services worker program. Minnesota Statutes
4.142012, sections 116L.10; 116L.11; 116L.12, subdivisions 1, 3, 4, 5, and 6; 116L.13;
4.15116L.14; 116L.146; and 116L.15, are repealed.
4.16 Subd. 14. Youthbuild advisory committee. Minnesota Statutes 2012, section
4.17116L.363, is repealed.
4.18 Subd. 15. Local service unit delivery. Minnesota Statutes 2012, sections 116L.871;
4.19and 116L.872, are repealed.
4.20 Subd. 16. Transit improvement areas. Minnesota Statutes 2012, sections 469.35;
4.21and 469.351, are repealed.
4.22 Subd. 17. Area redevelopment. Minnesota Statutes 2012, section 469.109, is
4.23repealed.
4.24 Subd. 18. City development districts. Minnesota Statutes 2012, section 469.124, is
4.25repealed.
4.28 Section 1. Minnesota Statutes 2012, section 15.991, subdivision 1, is amended to read:
4.29 Subdivision 1. Definitions. For purposes of this section and section
4.30(1) "business license" or "license" has the meaning given it in section
4.31subdivision 2
4.32
4.33
4.34(2) "customer" means an individual; a small business as defined in section
4.35but also including a nonprofit corporation that otherwise meets the criteria in that
5.1section; a family farm, family farm corporation, or family farm partnership as defined in
5.2section
5.3subdivision 14a
5.4(3) "initial agency" means the state agency to which a customer submits an
5.5application for a license or inquires about submitting an application; and
5.6(4) "responsible agency" means the initial agency or another state agency that agrees
5.7to be designated the responsible agency.
5.8 Sec. 2. Minnesota Statutes 2012, section 116C.34, subdivision 3, is amended to read:
5.9 Subd. 3. County responsibility. The auditor of each county shall post in a
5.10conspicuous place in the auditor's office the telephone numbers of the Bureau of Business
5.11Licenses and the permit information center in the office of the applicable regional
5.12development commission
5.13
5.14information published by the bureau or an information center pursuant to subdivision 1.
5.15 Sec. 3. Minnesota Statutes 2012, section 116D.04, subdivision 2a, is amended to read:
5.16 Subd. 2a. When prepared. Where there is potential for significant environmental
5.17effects resulting from any major governmental action, the action shall be preceded by a
5.18detailed environmental impact statement prepared by the responsible governmental unit.
5.19The environmental impact statement shall be an analytical rather than an encyclopedic
5.20document which describes the proposed action in detail, analyzes its significant
5.21environmental impacts, discusses appropriate alternatives to the proposed action and
5.22their impacts, and explores methods by which adverse environmental impacts of an
5.23action could be mitigated. The environmental impact statement shall also analyze those
5.24economic, employment, and sociological effects that cannot be avoided should the action
5.25be implemented. To ensure its use in the decision-making process, the environmental
5.26impact statement shall be prepared as early as practical in the formulation of an action.
5.27 (a) The board shall by rule establish categories of actions for which environmental
5.28impact statements and for which environmental assessment worksheets shall be prepared
5.29as well as categories of actions for which no environmental review is required under this
5.30section. A mandatory environmental assessment worksheet shall not be required for the
5.31expansion of an ethanol plant, as defined in section
5.32(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
5.33biobutanol facility as defined in section
5.34of the expanded or converted facility to produce alcohol fuel, but must be required if
6.1the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
6.2of actions for which environmental assessment worksheets must be prepared. The
6.3responsible governmental unit for an ethanol plant or biobutanol facility project for which
6.4an environmental assessment worksheet is prepared shall be the state agency with the
6.5greatest responsibility for supervising or approving the project as a whole.
6.6A mandatory environmental impact statement shall not be required for a facility
6.7or plant located outside the seven-county metropolitan area that produces less than
6.8125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, if the facility
6.9or plant is: an ethanol plant, as defined in section
6.10(b); a biobutanol facility, as defined in section
6.11cellulosic biofuel facility, as defined in section
6.12 (b) The responsible governmental unit shall promptly publish notice of the
6.13completion of an environmental assessment worksheet by publishing the notice in at least
6.14one newspaper of general circulation in the geographic area where the project is proposed,
6.15by posting the notice on a Web site that has been designated as the official publication site
6.16for publication of proceedings, public notices, and summaries of a political subdivision in
6.17which the project is proposed, or in any other manner determined by the board and shall
6.18provide copies of the environmental assessment worksheet to the board and its member
6.19agencies. Comments on the need for an environmental impact statement may be submitted
6.20to the responsible governmental unit during a 30-day period following publication of the
6.21notice that an environmental assessment worksheet has been completed. The responsible
6.22governmental unit's decision on the need for an environmental impact statement shall be
6.23based on the environmental assessment worksheet and the comments received during the
6.24comment period, and shall be made within 15 days after the close of the comment period.
6.25The board's chair may extend the 15-day period by not more than 15 additional days upon
6.26the request of the responsible governmental unit.
6.27 (c) An environmental assessment worksheet shall also be prepared for a proposed
6.28action whenever material evidence accompanying a petition by not less than 100
6.29individuals who reside or own property in the state, submitted before the proposed
6.30project has received final approval by the appropriate governmental units, demonstrates
6.31that, because of the nature or location of a proposed action, there may be potential for
6.32significant environmental effects. Petitions requesting the preparation of an environmental
6.33assessment worksheet shall be submitted to the board. The chair of the board shall
6.34determine the appropriate responsible governmental unit and forward the petition to it.
6.35A decision on the need for an environmental assessment worksheet shall be made by
6.36the responsible governmental unit within 15 days after the petition is received by the
7.1responsible governmental unit. The board's chair may extend the 15-day period by not
7.2more than 15 additional days upon request of the responsible governmental unit.
7.3 (d) Except in an environmentally sensitive location where Minnesota Rules, part
7.44410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
7.5review under this chapter and rules of the board, if:
7.6 (1) the proposed action is:
7.7 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
7.8 (ii) an expansion of an existing animal feedlot facility with a total cumulative
7.9capacity of less than 1,000 animal units;
7.10 (2) the application for the animal feedlot facility includes a written commitment by
7.11the proposer to design, construct, and operate the facility in full compliance with Pollution
7.12Control Agency feedlot rules; and
7.13 (3) the county board holds a public meeting for citizen input at least ten business
7.14days prior to the Pollution Control Agency or county issuing a feedlot permit for the
7.15animal feedlot facility unless another public meeting for citizen input has been held with
7.16regard to the feedlot facility to be permitted. The exemption in this paragraph is in
7.17addition to other exemptions provided under other law and rules of the board.
7.18 (e) The board may, prior to final approval of a proposed project, require preparation
7.19of an environmental assessment worksheet by a responsible governmental unit selected
7.20by the board for any action where environmental review under this section has not been
7.21specifically provided for by rule or otherwise initiated.
7.22 (f) An early and open process shall be utilized to limit the scope of the environmental
7.23impact statement to a discussion of those impacts, which, because of the nature or location
7.24of the project, have the potential for significant environmental effects. The same process
7.25shall be utilized to determine the form, content and level of detail of the statement as well
7.26as the alternatives which are appropriate for consideration in the statement. In addition,
7.27the permits which will be required for the proposed action shall be identified during the
7.28scoping process. Further, the process shall identify those permits for which information
7.29will be developed concurrently with the environmental impact statement. The board
7.30shall provide in its rules for the expeditious completion of the scoping process. The
7.31determinations reached in the process shall be incorporated into the order requiring the
7.32preparation of an environmental impact statement.
7.33 (g) The responsible governmental unit shall, to the extent practicable, avoid
7.34duplication and ensure coordination between state and federal environmental review
7.35and between environmental review and environmental permitting. Whenever practical,
7.36information needed by a governmental unit for making final decisions on permits
8.1or other actions required for a proposed project shall be developed in conjunction
8.2with the preparation of an environmental impact statement. When an environmental
8.3impact statement is prepared for a project requiring multiple permits for which two or
8.4more agencies' decision processes include either mandatory or discretionary hearings
8.5before a hearing officer prior to the agencies' decision on the permit, the agencies
8.6may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
8.7consolidated hearing process if requested by the proposer. All agencies having jurisdiction
8.8over a permit that is included in the consolidated hearing shall participate. The responsible
8.9governmental unit shall establish appropriate procedures for the consolidated hearing
8.10process, including procedures to ensure that the consolidated hearing process is consistent
8.11with the applicable requirements for each permit regarding the rights and duties of parties to
8.12the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
8.13
8.14 (h) An environmental impact statement shall be prepared and its adequacy
8.15determined within 280 days after notice of its preparation unless the time is extended by
8.16consent of the parties or by the governor for good cause. The responsible governmental
8.17unit shall determine the adequacy of an environmental impact statement, unless within 60
8.18days after notice is published that an environmental impact statement will be prepared,
8.19the board chooses to determine the adequacy of an environmental impact statement. If an
8.20environmental impact statement is found to be inadequate, the responsible governmental
8.21unit shall have 60 days to prepare an adequate environmental impact statement.
8.22 (i) The proposer of a specific action may include in the information submitted to the
8.23responsible governmental unit a preliminary draft environmental impact statement under
8.24this section on that action for review, modification, and determination of completeness and
8.25adequacy by the responsible governmental unit. A preliminary draft environmental impact
8.26statement prepared by the project proposer and submitted to the responsible governmental
8.27unit shall identify or include as an appendix all studies and other sources of information
8.28used to substantiate the analysis contained in the preliminary draft environmental impact
8.29statement. The responsible governmental unit shall require additional studies, if needed,
8.30and obtain from the project proposer all additional studies and information necessary for
8.31the responsible governmental unit to perform its responsibility to review, modify, and
8.32determine the completeness and adequacy of the environmental impact statement.
8.33 Sec. 4. Minnesota Statutes 2012, section 116L.02, is amended to read:
8.34116L.02 JOB SKILLS PARTNERSHIP PROGRAM.
9.1(a) The Minnesota Job Skills Partnership program is created to act as a catalyst to
9.2bring together employers with specific training needs with educational or other nonprofit
9.3institutions which can design programs to fill those needs. The partnership shall work
9.4closely with employers to prepare, train and place prospective or incumbent workers in
9.5identifiable positions as well as assisting educational or other nonprofit institutions in
9.6developing training programs that coincide with current and future employer requirements.
9.7The partnership shall provide grants to educational or other nonprofit institutions for
9.8the purpose of training workers. A participating business must match the grant-in-aid
9.9made by the Minnesota Job Skills Partnership. The match may be in the form of funding,
9.10equipment, or faculty.
9.11
9.12
9.13
9.14individuals who have incomes at or below 200 percent of the federal poverty line.
9.15The board may grant funds to eligible recipients to pay for board-certified training.
9.16Eligible recipients of grants may include public, private, or nonprofit entities that provide
9.17employment services to low-income individuals.
9.18 Sec. 5. Minnesota Statutes 2012, section 116L.05, subdivision 5, is amended to read:
9.19 Subd. 5. Use of workforce development funds. After March 1 of any fiscal year,
9.20the board may use workforce development funds for the purposes outlined in sections
9.21116L.02
9.22services under section 116L.18 if the following conditions have been met:
9.23 (1) the board examines relevant economic indicators, including the projected
9.24number of layoffs for the remainder of the fiscal year and the next fiscal year, evidence of
9.25declining and expanding industries, the number of initial applications for and the number
9.26of exhaustions of unemployment benefits, job vacancy data, and any additional relevant
9.27information brought to the board's attention;
9.28 (2) the board accounts for all allocations made in section 116L.17, subdivision 2;
9.29 (3) based on the past expenditures and projected revenue, the board estimates future
9.30funding needs for services under section 116L.17 for the remainder of the current fiscal
9.31year and the next fiscal year;
9.32 (4) the board determines there will be unspent funds after meeting the needs of
9.33dislocated workers in the current fiscal year and there will be sufficient revenue to meet
9.34the needs of dislocated workers in the next fiscal year; and
10.1 (5) the board reports its findings in clauses (1) to (4) to the chairs of legislative
10.2committees with jurisdiction over the workforce development fund, to the commissioners
10.3of revenue and management and budget, and to the public.
10.4 Sec. 6. Minnesota Statutes 2012, section 116L.20, subdivision 2, is amended to read:
10.5 Subd. 2. Disbursement of special assessment funds. (a) The money collected
10.6under this section shall be deposited in the state treasury and credited to the workforce
10.7development fund to provide for employment and training programs. The workforce
10.8development fund is created as a special account in the state treasury.
10.9 (b) All money in the fund not otherwise appropriated or transferred is appropriated
10.10to the Job Skills Partnership Board for the purposes of section
10.11in paragraph (d). The board must act as the fiscal agent for the money and must disburse
10.12that money for the purposes of section
10.13any other obligation of the state. All money in the workforce development fund shall be
10.14deposited, administered, and disbursed in the same manner and under the same conditions
10.15and requirements as are provided by law for the other special accounts in the state treasury,
10.16except that all interest or net income resulting from the investment or deposit of money in
10.17the fund shall accrue to the fund for the purposes of the fund.
10.18 (c) Reimbursement for costs related to collection of the special assessment shall be
10.19in an amount negotiated between the commissioner and the United States Department
10.20of Labor.
10.21 (d) If the board determines that the conditions of section
10.22have been met, the board may use funds for the purposes outlined in
10.23
10.24section
10.25 Sec. 7. Minnesota Statutes 2012, section 256J.49, subdivision 4, is amended to read:
10.26 Subd. 4. Employment and training service provider. "Employment and training
10.27service provider" means:
10.28(1) a public, private, or nonprofit agency with which a county has contracted to
10.29provide employment and training services and which is included in the county's service
10.30agreement submitted under section
10.31(2) a county agency, if the county has opted to provide employment and training
10.32services and the county has indicated that fact in the service agreement submitted under
10.33section
11.1(3) a local public health department under section
11.2county has designated to provide employment and training services and is included in the
11.3county's service agreement submitted under section
11.4
11.5meeting this definition may deliver employment and training services under this chapter.
11.6 Sec. 8. Minnesota Statutes 2012, section 256J.51, subdivision 2, is amended to read:
11.7 Subd. 2. Appeal; alternate approval.
11.8provider that is not included by a county agency in the service agreement under section
11.10its exclusion to the commissioner of employment and economic development, and
11.11may request alternative approval by the commissioner of employment and economic
11.12development to provide services in the county.
11.13
11.14
11.15
11.16
11.17
11.18 Sec. 9. REPEALER.
11.19 Subdivision 1. Reference to Minnesota Statutes, section 116J.70, subdivision 2a.
11.20Minnesota Statutes 2012, section 116J.74, subdivision 7a, is repealed.
11.21 Subd. 2. Reference to Minnesota Statutes, section 116L.363. Minnesota Statutes
11.222012, section 116L.361, subdivision 2, is repealed.
