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SF 2677

Conference Committee Report - 92nd Legislature (2021 - 2022) Posted on 04/29/2022 07:23am

KEY: stricken = removed, old language.
underscored = added, new language.
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CONFERENCE COMMITTEE REPORT ON S.F. No. 2677

A bill for an act
relating to unemployment insurance; repaying unemployment insurance trust fund
loans; replenishing the unemployment insurance trust fund; freezing the base tax
rate for employers; eliminating the additional assessment for calendar years 2022
and 2023; establishing a zero percent special assessment rate for calendar year
2022; eliminating a revenue replacement transfer; appropriating money; repealing
Laws 2021, First Special Session chapter 12, article 5, section 3.

April 28, 2022
The Honorable David J. Osmek
President of the Senate

The Honorable Melissa Hortman
Speaker of the House of Representatives

We, the undersigned conferees for S.F. No. 2677 report that we have agreed upon the
items in dispute and recommend as follows:

That the House recede from its amendments and that S.F. No. 2677 be further amended
as follows:

Delete everything after the enacting clause and insert:

"ARTICLE 1

UNEMPLOYMENT INSURANCE TRUST FUND

Section 1. new text beginAPPROPRIATION; UNEMPLOYMENT INSURANCE TRUST FUND
LOAN REPAYMENT AND REPLENISHMENT.
new text end

new text begin Subdivision 1.new text end

new text beginAppropriation.new text end

new text begin$2,324,175,000 from the state fiscal recovery federal
fund and $405,825,000 from the general fund in fiscal year 2022 are appropriated to the
commissioner of employment and economic development for the purposes of this section.
new text end

new text begin Subd. 2.new text end

new text beginRepayment.new text end

new text beginWithin ten days following enactment of this section, the
commissioner must determine the sum of any outstanding loans and any interest accrued
on the loans from the federal unemployment insurance trust fund, and issue payments to
the federal unemployment trust fund equal to that sum.
new text end

new text begin Subd. 3.new text end

new text beginReplenishment.new text end

new text beginFollowing the full repayment of outstanding loans from the
federal unemployment insurance trust fund, the commissioner must deposit into the
unemployment insurance trust fund all the remaining money appropriated in this section.
new text end

new text begin EFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.
new text end

Sec. 2. new text beginUNEMPLOYMENT BASE TAX RATE AND ASSESSMENT FOR
CALENDAR YEARS 2022 AND 2023.
new text end

new text begin Subdivision 1.new text end

new text beginTax rate.new text end

new text beginNotwithstanding Minnesota Statutes, section 268.051,
subdivision 2, in calendar years 2022 and 2023, the base tax rate under Minnesota Statutes,
section 268.051, subdivision 2, paragraph (b), is one-tenth of one percent.
new text end

new text begin Subd. 2.new text end

new text beginAdditional assessment.new text end

new text beginNotwithstanding Minnesota Statutes, section 268.051,
subdivision 2, in calendar years 2022 and 2023, the additional assessment under Minnesota
Statutes, section 268.051, subdivision 2, paragraph (c), is zero percent.
new text end

new text begin Subd. 3.new text end

new text beginSpecial assessment.new text end

new text beginNotwithstanding Minnesota Statutes, sections 268.051,
subdivision 8, and 268.194, subdivision 6, paragraph (c), in calendar year 2022, the special
assessment under Minnesota Statutes, section 268.051, subdivision 8, is zero percent.
new text end

new text begin Subd. 4.new text end

new text beginEmployer credits, refunds.new text end

new text beginNotwithstanding any law to the contrary, the
commissioner of employment and economic development must credit or refund each
taxpaying employer for:
new text end

new text begin (1) any base tax rate amount assessed and paid for calendar year 2022 under Minnesota
Statutes, section 268.051, subdivision 2, paragraph (b), that is greater than one-tenth of one
percent;
new text end

new text begin (2) any additional assessment amount assessed and paid for calendar year 2022 under
Minnesota Statutes, section 268.051, subdivision 2, paragraph (c); and
new text end

new text begin (3) any special assessment amount assessed and paid for calendar year 2022 under
Minnesota Statutes, section 268.051, subdivision 8.
new text end

new text begin Subd. 5.new text end

new text beginWaiving of penalties and interest.new text end

new text beginNotwithstanding any law to the contrary,
the commissioner must waive any interest or penalties accrued on first quarter 2022 taxes
due on April 30, 2022, but not paid on or before May 31, 2022.
new text end

new text begin EFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.
new text end

Sec. 3. new text beginREPEALER.
new text end

new text begin Laws 2021, First Special Session chapter 12, article 5, section 3, new text endnew text beginis repealed.
new text end

new text begin EFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.
new text end

ARTICLE 2

FRONTLINE WORKER PAYMENTS

Section 1. new text beginFRONTLINE WORKER PAYMENTS; PUBLIC PURPOSE.
new text end

new text begin This article is intended to provide payments to frontline workers whose work put them
at risk of contracting COVID-19 during the peacetime emergency declared by the governor
in Executive Order 20-01. The legislature finds that payments under this section specifically,
and under the premium pay provisions of the American Rescue Plan Act of 2021 generally,
have a public purpose and benefit the people of Minnesota by:
new text end

new text begin (1) responding to the extraordinary circumstances of the COVID-19 pandemic which
resulted in the peacetime emergency; and
new text end

new text begin (2) compensating workers for working in conditions that, in many cases, exceeded what
was originally contemplated in their employment agreement to ensure our state was able to
continue functioning during the pandemic.
new text end

Sec. 2. new text beginFRONTLINE WORKER PAYMENTS.
new text end

new text begin Subdivision 1.new text end

new text beginProgram established; payments authorized.new text end

new text beginTo the extent feasible, the
commissioner of revenue, in coordination with the commissioners of labor and industry and
employment and economic development, must make payments to eligible frontline workers
as provided in this section.
new text end

new text begin Subd. 2.new text end

new text beginFrontline sector defined.new text end

new text begin"Frontline sector" means the following sectors:
new text end

new text begin (1) long-term care and home care;
new text end

new text begin (2) health care;
new text end

new text begin (3) emergency responders;
new text end

new text begin (4) public health, social service, and regulatory service;
new text end

new text begin (5) courts and corrections;
new text end

new text begin (6) child care;
new text end

new text begin (7) schools, including charter schools, state schools, and higher education;
new text end

new text begin (8) food service, including production, processing, preparation, sale, and delivery;
new text end

new text begin (9) retail, including sales, fulfillment, distribution, and delivery;
new text end

new text begin (10) temporary shelters and hotels;
new text end

new text begin (11) building services, including maintenance, janitorial, and security;
new text end

new text begin (12) public transit;
new text end

new text begin (13) ground and air transportation services;
new text end

new text begin (14) manufacturing; and
new text end

new text begin (15) vocational rehabilitation.
new text end

new text begin Subd. 3.new text end

new text beginEligible frontline workers.new text end

new text begin(a) An individual is eligible to receive a payment
under this section if the individual:
new text end

new text begin (1) was employed for at least 120 hours in Minnesota in one or more frontline sectors
during the time period beginning March 15, 2020, and ending June 30, 2021;
new text end

new text begin (2) for the hours worked under clause (1), was not able to telework due to the nature of
the individual's work and worked in close proximity to individuals outside of the individual's
household;
new text end

new text begin (3) meets the income requirement in paragraph (b); and
new text end

new text begin (4) did not receive an unemployment insurance benefit payment or serve a nonpayable
week under Minnesota Statutes, section 268.085, subdivision 1, clause (6), for more than
20 weeks on a cumulative basis for weeks between March 15, 2020, and June 26, 2021. An
unemployment insurance benefit payment shall include payments made by the state of
Minnesota under Minnesota Statutes, sections 268.001 to 268.23, pandemic emergency
unemployment compensation, extended benefits, pandemic unemployment assistance,
federal pandemic unemployment compensation, lost wages assistance, mixed earnings
unemployment compensation, and trade readjustment allowance. Unemployment insurance
benefit payments shall include the amounts withheld from an unemployment insurance
benefit payment for income tax, deducted for a child support obligation or an offset from
unemployment benefits under Minnesota Statutes, section 268.18, subdivision 3a.
Unemployment insurance benefit payments shall include amounts found to be overpaid
under Minnesota Statutes, section 268.18. The calculations under this clause shall be made
based exclusively on data held by DEED as of the effective date of this act.
new text end

new text begin (b) To qualify for a payment, an individual's adjusted gross income, as defined in
Minnesota Statutes, section 290.01, subdivision 21a, as amended to April 1, 2022, must be
less than the following amounts for at least one of the taxable years beginning after December
31, 2019, and before January 1, 2022:
new text end

new text begin (1) for an individual who was employed in an occupation with direct COVID-19 patient
care responsibilities, $350,000 for a married taxpayer filing a joint return and $175,000 for
all other filers; or
new text end

new text begin (2) for all other individuals, $185,000 for a married taxpayer filing a joint return and
$85,000 for all other filers.
new text end

new text begin Subd. 4.new text end

new text beginApplication; verification of eligibility.new text end

new text begin(a) To qualify for a payment under
this section, an individual must apply to the commissioner of labor and industry in the form
and manner specified by the commissioner. As part of the application, an individual must
certify to the commissioner of labor and industry that the individual meets the eligibility
requirements in subdivision 3.
new text end

new text begin (b) As soon as practicable after final enactment of this act, the commissioner of labor
and industry must establish a process for accepting applications for payments under this
section and begin accepting applications. The commissioner must not accept an application
submitted more than 45 days after opening the application period.
new text end

new text begin (c) The commissioner of labor and industry must assist applicants in submitting an
application under this section, including but not limited to:
new text end

new text begin (1) establishing a multilingual temporary help line for applicants; and
new text end

new text begin (2) offering multilingual applications and multilingual instructions.
new text end

new text begin (d) To the extent possible, the commissioners of revenue, employment and economic
development, and labor and industry must verify applicant eligibility for a payment under
this section.
new text end

new text begin (e) An applicant for a payment under this section may appeal a denial of eligibility under
this subdivision to the commissioner of labor and industry within 15 days of notice of denial.
The commissioner of labor and industry's decision on an appeal is final.
new text end

new text begin (f) The commissioner of labor and industry may contract with a third party to implement
part or all of the application process and assistance required under this subdivision.
new text end

new text begin Subd. 5.new text end

new text beginEligibility; payments.new text end

new text begin(a) After the deadline for applications under subdivision
4 has elapsed, the commissioner of revenue must determine the payment amount based on
available appropriations and the number of applications received from eligible frontline
workers. The payment amount must be the same for each eligible frontline worker and must
not exceed $1,500.
new text end

new text begin (b) As soon as practicable, the commissioner of revenue must make payments of the
amount determined under paragraph (a) to all eligible frontline workers who applied in
accordance with subdivision 4.
new text end

new text begin (c) The commissioner of revenue may contract with a third party to implement part or
all of the payment process required under this subdivision.
new text end

new text begin (d) If the commissioner of revenue determines that a payment was made under this
section to an ineligible individual, the commissioner may issue an order of assessment to
the individual receiving the payment for the amount of the payment. The order must be
made within two years after the date of the payment or six years after the date of the payment
in the case of fraud. The audit, assessment, appeal, collection, enforcement, and
administrative provisions of Minnesota Statutes, chapters 270C and 289A, apply to the
orders issued under this section.
new text end

new text begin Subd. 6.new text end

new text beginData practices.new text end

new text begin(a) Data collected or created by the commissioners of revenue,
labor and industry, and employment and economic development because an individual has
sought information about, applied for, been denied, or received a payment under this section
are classified as nonpublic data or private data on individuals, as defined in Minnesota
Statutes, section 13.02, subdivisions 9 and 12.
new text end

new text begin (b) Data classified as nonpublic data or private data on individuals, including return
information, as defined in Minnesota Statutes, section 270B.01, subdivision 3, may be
shared or disclosed between the commissioners of revenue, employment and economic
development, and labor and industry, and any third-party vendor contracted with under
subdivision 4, to the extent necessary to verify eligibility and administer payments under
this section.
new text end

new text begin Subd. 7.new text end

new text beginNotice requirement.new text end

new text begin(a) No later than 15 days after the application period is
opened under subdivision 4, employers in a frontline sector must provide notice, in a form
approved by the commissioner of labor and industry, advising all current workers who may
be eligible for payments under this section of the assistance potentially available to them
and how to apply for benefits. An employer must provide notice using the same means the
employer uses to provide other work-related notices to employees.
new text end

new text begin (b) Notice provided under paragraph (a) must be at least as conspicuous as:
new text end

new text begin (1) posting a copy of the notice at each work site where workers work and where the
notice may be readily observed and reviewed by all workers working at the site; or
new text end

new text begin (2) providing a paper or electronic copy of the notice to all workers.
new text end

new text begin Subd. 8.new text end

new text beginPayments not to be considered income.new text end

new text begin(a) For the purposes of this subdivision,
"subtraction" has the meaning given in Minnesota Statutes, section 290.0132, subdivision
1, and the rules in that subdivision apply for this subdivision. The definitions in Minnesota
Statutes, section 290.01, apply to this subdivision.
new text end

new text begin (b) The amount of frontline worker payments received under this section is a subtraction.
new text end

new text begin (c) Frontline worker payments under this section are excluded from income, as defined
in Minnesota Statutes, sections 290.0674, subdivision 2a, and 290A.03, subdivision 3.
new text end

new text begin (d) Notwithstanding any law to the contrary, payments under this section must not be
considered income, assets, or personal property for purposes of determining eligibility or
recertifying eligibility for:
new text end

new text begin (1) child care assistance programs under Minnesota Statutes, chapter 119B;
new text end

new text begin (2) general assistance, Minnesota supplemental aid, and food support under Minnesota
Statutes, chapter 256D;
new text end

new text begin (3) housing support under Minnesota Statutes, chapter 256I;
new text end

new text begin (4) Minnesota family investment program and diversionary work program under
Minnesota Statutes, chapter 256J; and
new text end

new text begin (5) economic assistance programs under Minnesota Statutes, chapter 256P.
new text end

new text begin (e) The commissioner of human services must not consider frontline worker payments
under this section as income or assets under Minnesota Statutes, section 256B.056,
subdivision 1a, paragraph (a); 3; or 3c, or for persons with eligibility determined under
Minnesota Statutes, section 256B.057, subdivision 3, 3a, or 3b.
new text end

new text begin Subd. 9.new text end

new text beginReport.new text end

new text beginNo later than 90 days following the end of the payments to eligible
frontline workers under subdivision 5, the commissioners of revenue and labor and industry
shall report to the legislative committees with jurisdiction over economic development
policy and finance about the program established under this section. The report must include:
new text end

new text begin (1) the number of eligible frontline workers who applied, including the number in each
sector and county, and the payment each worker received;
new text end

new text begin (2) if the initial payment to frontline workers under subdivision 5 was less than $1,500,
the additional appropriation needed to provide an additional payment equal to the difference
between $1,500 and the payment amount under subdivision 5; and
new text end

new text begin (3) the number of applications that were denied and the reason for denial.
new text end

new text begin Subd. 10.new text end

new text beginProcurement.new text end

new text beginThe commissioners of labor and industry and revenue are
exempt from the requirements of Minnesota Statutes, sections 16A.15, subdivision 3; 16B.97;
and 16B.98, subdivisions 5, 7, and 8; and chapter 16C, and any other state procurement
laws and procedures in administering the program under this section.
new text end

new text begin Subd. 11.new text end

new text beginAppropriations.new text end

new text begin(a) $500,000,000 in fiscal year 2022 is appropriated from
the general fund to the commissioner of revenue for payments under this section. This is a
onetime appropriation.
new text end

new text begin (b) $11,650,000 in fiscal year 2022 is appropriated from the general fund to the
commissioner of labor and industry for administrative costs to implement the payments
under this section.
new text end

new text begin (c) The commissioner of labor and industry may transfer money from this appropriation
to the commissioner of revenue or the commissioner of employment and economic
development for administrative costs to implement the program and payments under this
section.
new text end

new text begin (d) The appropriations in this subdivision are available until June 30, 2023.
new text end

new text begin Subd. 12.new text end

new text beginAudit.new text end

new text beginThe Office of the Legislative Auditor is encouraged to begin work on
an audit of the use of all funds appropriated under subdivision 11 no later than February 1,
2023.
new text end

new text begin EFFECTIVE DATE.new text end

new text begin(a) Unless otherwise specified, this section is effective the day
following final enactment.
new text end

new text begin (b) Subdivision 8, paragraphs (a), (b), and (c), are effective for taxable years beginning
after December 31, 2021, and before January 1, 2024, for property tax refunds based on
rent paid in 2021 or 2022, and for property tax refunds based on property taxes payable in
2022 or 2023. Subdivision 8, paragraphs (d) and (e), are effective the day following final
enactment, except for a program for which federal approval is required, changes affecting
the program are effective upon federal approval.
new text end

Sec. 3. new text beginAPPROPRIATIONS GIVEN EFFECT ONCE.
new text end

new text begin If an appropriation in this act is enacted more than once during the 2022 regular session,
the appropriation is to be given effect only once.
new text end

new text begin EFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.
new text end

ARTICLE 3

COVID-19 MANAGEMENT

Section 1. new text beginAPPROPRIATION; COVID-19 MANAGEMENT.
new text end

new text begin (a) $190,000,000 in fiscal year 2022 is appropriated from the general fund to the
commissioner of management and budget to pay for COVID-19 management costs incurred
between May 23, 2022, and February 15, 2023, for testing, vaccinations, COVID-19 outbreak
management, local and Tribal health, public education, and health system supports. The
commissioner may transfer funds appropriated in this section to state agencies as necessary.
This is a onetime appropriation and is available until March 31, 2023.
new text end

new text begin (b) The Legislative COVID-19 Response Commission, established under Laws 2020,
chapter 71, article 1, section 7, must review a proposed allocation of the appropriation in
this section as provided in paragraphs (c), (d), and (e), before the commissioner may expend
the appropriation.
new text end

new text begin (c) The commissioner of management and budget must submit proposed single
expenditures of the appropriation in this section that exceed $2,500,000 to the Legislative
COVID-19 Response Commission for its review and recommendations. The submission
must include the total amount of the proposed expenditure, the purpose of the proposed
expenditure, the time period of the proposed expenditure, and any additional information
the commissioner of management and budget determines necessary to properly document
the proposed expenditure. Upon receiving a submission, the commission has three days
after the request is submitted to review the proposed expenditures.
new text end

new text begin (d) Commission members may make a positive recommendation, a negative
recommendation, or no recommendation on a proposed expenditure. If a majority of the
commission members from the senate or a majority of the commission members from the
house of representatives make a negative recommendation on a proposed expenditure, the
commissioner is prohibited from expending the money. If a majority of the commission
members from the senate or a majority of the commission members from the house of
representatives do not make a negative recommendation, or if the commission makes no
recommendation, the commissioner may expend the money.
new text end

new text begin (e) The commission may hold a public meeting to approve or disapprove a proposed
expenditure from the appropriation in this section. Notwithstanding Minnesota Statutes,
section 3.055, the commission may conduct a public meeting remotely. The commission
may approve or disapprove proposed expenditures without a public meeting. The commission
members may approve or disapprove proposed expenditures via written communication
sent to the commissioner of management and budget. Notwithstanding Laws 2020, chapter
71, article 1, section 7, if a commission member is unable to review a particular expenditure,
a designee from the commission member's legislative body may serve as a designee on
behalf of the absent member.
new text end

new text begin EFFECTIVE DATE.new text end

new text beginThis section is effective the day following final enactment.
new text end

Sec. 2. new text beginLEGISLATIVE COVID-19 RESPONSE COMMISSION.
new text end

new text begin Laws 2020, chapter 71, article 1, section 7, as amended by Laws 2020, chapter 81,
sections 1 and 2, is revived and reenacted as of December 30, 2020.
new text end

new text begin EFFECTIVE DATE.new text end

new text beginThis section is effective retroactively from December 30, 2020,
and applies to duties required under this article.
new text end"

Delete the title and insert:

"A bill for an act
relating to state government; repaying federal unemployment insurance trust fund
loans; replenishing the unemployment insurance trust fund; freezing the base tax
rate for employers; eliminating the additional assessment for calendar years 2022
and 2023; establishing a zero percent special assessment rate for calendar year
2022; authorizing frontline worker payments; managing use of COVID-19 funds;
appropriating money; repealing Laws 2021, First Special Session chapter 12, article
5, section 3."

We request the adoption of this report and repassage of the bill.
Senate Conferees:
.
.
.
Eric Pratt
Jason Rarick
.
.
Mary Kiffmeyer
Susan Kent
.
Aric Putnam
House Conferees:
.
.
.
Gene Pelowski Jr.
Mohamud Noor
.
.
Cedrick Frazier
Emma Greenman
.
Dave Baker