06-13-2023 EDC Agenda PacketA.5:30 P.M. - CALL TO ORDER
B.APPROVAL OF AGENDA
Commissioners may add or delete items at this time.
C.APPROVAL OF MINUTES
C.1 Approve Economic Development Commission Minutes of May 9, 2023.
D.VISITOR PRESENTATIONS
E.DISCUSSION / GENERAL BUSINESS ITEMS
E.1 Review the State of Minnesota's Business Subsidy Regulations
F.DIRECTOR'S REPORT
G.ADJOURNMENT
AGENDA
CHANHASSEN ECONOMIC DEVELOPMENT COMMISSION
TUESDAY, JUNE 13, 2023
CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD
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Economic Development Commission Item
June 13, 2023
Subject Approve Economic Development Commission Minutes of May 9, 2023.
Section APPROVAL OF MINUTES Item No: C.1
Prepared By Amy Weidman, Admin Support Specialist File No:
SUMMARY
BACKGROUND
DISCUSSION
RECOMMENDATION
Staff recommends that the Economic Development Commission approve the May 9, 2023 Commission
minutes.
ATTACHMENTS
Economic Development Commission Minutes dated May 9, 2023
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CHANHASSEN ECONOMIC
DEVELOPMENT COMMISSION
REGULAR MEETING
May 9, 2023
Chairman Anderson called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Chair Eric Anderson, Commissioners Duke Zurek, Chris Freeman,
Stacy Goff, and Luke Bame.
MEMBERS ABSENT: None.
STAFF PRESENT: Samantha DiMaggio, Economic Development Manager and Eric Maass,
Planning Director.
PUBLIC PRESENT: None.
Member Zurek moved; Member Bame seconded to approve the agenda. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
APPROVAL OF MINUTES:
Approve Economic Development Commission Minutes Dated May 9, 2023.
Member Freeman moved; Member Goff seconded to amend the minutes from April 11,
2023, noting that a member of the public was present for the meeting.
Member Freeman moved; Member Zurek seconded to approve the Minutes of the
Economic Development Commission meeting dated May 9, 2023. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
1. Introduction of Eric Maass, Planning Director.
Mr. Eric Maass, Director of Planning, introduced himself to the Economic Development
Commission.
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Economic Development Commission – February 14, 2023
2
DISCUSSION/GENERAL BUSINESS ITEMS:
1. Implementation of an Economic Development Commission Handbook
To improve the onboarding process for new commissioners, a handbook was developed. It was
recommended that the handbook be available in an online format instead of in a paper form. New
policies and plans will be added as they are implemented.
Member Zurek moved; Member Bame seconded to approve the EDC Handbook as
presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
DIRECTOR’S REPORT:
Community Development Director DiMaggio noted recent business visits and gave an update on
local development projects.
ADJOURNMENT:
Member Bame moved; Member Zurek seconded to adjourn the meeting. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
The Economic Development Commission meeting was adjourned the meeting at 6:57 p.m.
Submitted by Samantha DiMaggio
Economic Development Manager
Prepared by Amy Weidman
Administrative Support Specialist
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Economic Development Commission Item
June 13, 2023
Subject Review the State of Minnesota's Business Subsidy Regulations
Section DISCUSSION / GENERAL BUSINESS ITEMS Item No: E.1
Prepared By Sam DiMaggio, Economic Development Manager File No:
SUMMARY
The 1999 Minnesota State Legislature adopted the Business Subsidies Act, Minnesota Statutes, Sections
115J.993 through 116J.995. As a result of this action, each local government authority must hold a
public hearing and adopt its own policy. No subsidy to any business can be granted by the local
governing agency until a policy has been adopted.
BACKGROUND
A business subsidy is defined as:
A local government agency grant, contribution of personal property, real property, infrastructure, the
principal amount of a loan at rates below those commercially available to the recipient, any reduction or
deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation,
or any preferential use of government facilities given to a business, and as defined by the Business
Subsidy statute M.S. §116J.993 - 116J.995.
DISCUSSION
RECOMMENDATION
As this is a training, no formal action is required at this time.
ATTACHMENTS
116J.993
116J.994
116J.995
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116J.993 DEFINITIONS.
Subdivision 1.Scope.For the purposes of sections 116J.993 to 116J.995, the terms defined in this section
have the meanings given them.
Subd. 2.Benefit date."Benefit date" means the date that the recipient receives the business subsidy. If
the business subsidy involves the purchase, lease, or donation of physical equipment, then the benefit date
begins when the recipient puts the equipment into service. If the business subsidy is for improvements to
property, then the benefit date refers to the earliest date of either:
(1) when the improvements are finished for the entire project; or
(2) when a business occupies the property. If a business occupies the property and the subsidy grantor
expects that other businesses will also occupy the same property, the grantor may assign a separate benefit
date for each business when it first occupies the property.
Subd. 3.Business subsidy."Business subsidy" or "subsidy" means a state or local government agency
grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates
below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any
guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government
facilities given to a business.
The following forms of financial assistance are not a business subsidy:
(1) a business subsidy of less than $150,000;
(2) assistance that is generally available to all businesses or to a general class of similar businesses, such
as a line of business, size, location, or similar general criteria;
(3) public improvements to buildings or lands owned by the state or local government that serve a public
purpose and do not principally benefit a single business or defined group of businesses at the time the
improvements are made;
(4) redevelopment property polluted by contaminants as defined in section 116J.552, subdivision 3;
(5) assistance provided for the sole purpose of renovating old or decaying building stock or bringing it
up to code and assistance provided for designated historic preservation districts, provided that the assistance
is equal to or less than 50 percent of the total cost;
(6) assistance to provide job readiness and training services if the sole purpose of the assistance is to
provide those services;
(7) assistance for housing;
(8) assistance for pollution control or abatement, including assistance for a tax increment financing
hazardous substance subdistrict as defined under section 469.174, subdivision 23;
(9) assistance for energy conservation;
(10) tax reductions resulting from conformity with federal tax law;
(11) workers' compensation and unemployment insurance;
(12) benefits derived from regulation;
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(13) indirect benefits derived from assistance to educational institutions;
(14) funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and
bonds issued for the benefit of an organization described in section 501(c)(3) of the Internal Revenue Code
of 1986, as amended through December 31, 1999;
(15) assistance for a collaboration between a Minnesota higher education institution and a business;
(16) assistance for a tax increment financing soils condition district as defined under section 469.174,
subdivision 19;
(17) redevelopment when the recipient's investment in the purchase of the site and in site preparation is
70 percent or more of the assessor's current year's estimated market value;
(18) general changes in tax increment financing law and other general tax law changes of a principally
technical nature;
(19) federal assistance until the assistance has been repaid to, and reinvested by, the state or local
government agency;
(20) funds from dock and wharf bonds issued by a seaway port authority;
(21) business loans and loan guarantees of $150,000 or less;
(22) federal loan funds provided through the United States Department of Commerce, Economic
Development Administration; and
(23) property tax abatements granted under section 469.1813 to property that is subject to valuation
under Minnesota Rules, chapter 8100.
Subd. 4.Grantor."Grantor" means any state or local government agency with the authority to grant a
business subsidy.
Subd. 5.Local government agency."Local government agency" includes a statutory or home rule
charter city, housing and redevelopment authority, town, county, port authority, economic development
authority, community development agency, nonprofit entity created by a local government agency, or any
other entity created by or authorized by a local government with authority to provide business subsidies.
Subd. 6.Recipient."Recipient" means any for-profit or nonprofit business entity that receives a business
subsidy. Only nonprofit entities with at least 100 full-time equivalent positions and with a ratio of highest
to lowest paid employee, that exceeds ten to one, determined on the basis of full-time equivalent positions,
are included in this definition.
Subd. 6a.Residence."Residence" means the place where an individual has established a permanent
home from which the individual has no present intention of moving.
Subd. 7.State government agency."State government agency" means any state agency that has the
authority to award business subsidies.
History: 1999 c 243 art 12 s 1; 2000 c 482 s 1; 2004 c 206 s 52; 1Sp2005 c 3 art 7 s 1; 2006 c 259 art
4 s 1; 2008 c 366 art 5 s 2
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116J.994 REGULATING LOCAL AND STATE BUSINESS SUBSIDIES.
Subdivision 1.Public purpose.A business subsidy must meet a public purpose which may include, but
may not be limited to, increasing the tax base. Job retention may only be used as a public purpose in cases
where job loss is specific and demonstrable.
Subd. 2.Developing a set of criteria.A business subsidy may not be granted until the grantor has
adopted criteria after a public hearing for awarding business subsidies that comply with this section. The
criteria may not be adopted on a case-by-case basis. The criteria must set specific minimum requirements
that recipients must meet in order to be eligible to receive business subsidies. The criteria must include a
specific wage floor for the wages to be paid for the jobs created. The wage floor may be stated as a specific
dollar amount or may be stated as a formula that will generate a specific dollar amount. A grantor may
deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the
document to its next annual report to the department. The commissioner of employment and economic
development may assist local government agencies in developing criteria. A copy of the criteria must be
submitted to the Department of Employment and Economic Development along with the first annual report
following May 15, 2000, or with the first annual report after it has adopted criteria, whichever is earlier.
Notwithstanding section 116J.993, subdivision 3, clauses (1) and (21), for the purpose of this subdivision,
"business subsidies" as defined under section 116J.993 includes the following forms of financial assistance:
(1) a business subsidy of $25,000 or more; and
(2) business loans and guarantees of $75,000 or more.
Subd. 3.Subsidy agreement.(a) A recipient must enter into a subsidy agreement with the grantor of
the subsidy that includes:
(1) a description of the subsidy, including the amount and type of subsidy, and type of district if the
subsidy is tax increment financing;
(2) a statement of the public purposes for the subsidy;
(3) measurable, specific, and tangible goals for the subsidy;
(4) a description of the financial obligation of the recipient if the goals are not met;
(5) a statement of why the subsidy is needed;
(6) a commitment to continue operations in the jurisdiction where the subsidy is used for at least five
years after the benefit date;
(7) the name and address of the parent corporation of the recipient, if any; and
(8) a list of all financial assistance by all grantors for the project.
(b) Business subsidies in the form of grants must be structured as forgivable loans. For other types of
business subsidies, the agreement must state the fair market value of the subsidy to the recipient, including
the value of conveying property at less than a fair market price, or other in-kind benefits to the recipient.
(c) If a business subsidy benefits more than one recipient, the grantor must assign a proportion of the
business subsidy to each recipient that signs a subsidy agreement. The proportion assessed to each recipient
must reflect a reasonable estimate of the recipient's share of the total benefits of the project.
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(d) The state or local government agency and the recipient must both sign the subsidy agreement and,
if the grantor is a local government agency, the agreement must be approved by the local elected governing
body, except for the St. Paul Port Authority and a seaway port authority.
(e) Notwithstanding the provision in paragraph (a), clause (6), a recipient may be authorized to move
from the jurisdiction where the subsidy is used within the five-year period after the benefit date if, after a
public hearing, the grantor approves the recipient's request to move. For the purpose of this paragraph, if
the grantor is a state government agency other than the Department of Iron Range Resources and
Rehabilitation, "jurisdiction" means a city or township.
Subd. 4.Wage and job goals.The subsidy agreement, in addition to any other goals, must include: (1)
goals for the number of jobs created, which may include separate goals for the number of part-time or
full-time jobs, or, in cases where job loss is specific and demonstrable, goals for the number of jobs retained;
(2) wage goals for any jobs created or retained; and (3) wage goals for any jobs to be enhanced through
increased wages. After a public hearing, if the creation or retention of jobs is determined not to be a goal,
the wage and job goals may be set at zero. The goals for the number of jobs to be created or retained must
result in job creation or retention by the recipient within the granting jurisdiction overall.
In addition to other specific goal time frames, the wage and job goals must contain specific goals to be
attained within two years of the benefit date.
Subd. 5.Public notice and hearing.(a) Before granting a business subsidy that exceeds $500,000 for
a state government grantor and $150,000 for a local government grantor, the grantor must provide public
notice and a hearing on the subsidy. A public hearing and notice under this subdivision is not required if a
hearing and notice on the subsidy is otherwise required by law.
(b) Public notice of a proposed business subsidy under this subdivision by a state government grantor,
other than the commissioner of Iron Range resources and rehabilitation, must be published in the State
Register. Public notice of a proposed business subsidy under this subdivision by a local government grantor
or the commissioner of Iron Range resources and rehabilitation must be published in a local newspaper of
general circulation. The public notice must identify the location at which information about the business
subsidy, including a summary of the terms of the subsidy, is available. Published notice should be sufficiently
conspicuous in size and placement to distinguish the notice from the surrounding text. The grantor must
make the information available in printed paper copies and, if possible, on the Internet. The government
agency must provide at least a ten-day notice for the public hearing.
(c) The public notice must include the date, time, and place of the hearing.
(d) The public hearing by a state government grantor other than the commissioner of Iron Range resources
and rehabilitation must be held in St. Paul.
(e) If more than one nonstate grantor provides a business subsidy to the same recipient, the nonstate
grantors may designate one nonstate grantor to hold a single public hearing regarding the business subsidies
provided by all nonstate grantors. For the purposes of this paragraph, "nonstate grantor" includes the
commissioner of Iron Range resources and rehabilitation.
(f) The public notice of any public meeting about a business subsidy agreement, including those required
by this subdivision and by subdivision 4, must include notice that a person with residence in or the owner
of taxable property in the granting jurisdiction may file a written complaint with the grantor if the grantor
fails to comply with sections 116J.993 to 116J.995, and that no action may be filed against the grantor for
the failure to comply unless a written complaint is filed.
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Subd. 6.Failure to meet goals.(a) The subsidy agreement must specify the recipient's obligation if the
recipient does not fulfill the agreement. At a minimum, the agreement must require a recipient failing to
meet subsidy agreement goals to pay back the assistance plus interest to the grantor or, at the grantor's option,
to the account created under section 116J.551 provided that repayment may be prorated to reflect partial
fulfillment of goals. The interest rate must be set at no less than the implicit price deflator for government
consumption expenditures and gross investment for state and local governments prepared by the Bureau of
Economic Analysis of the United States Department of Commerce for the 12-month period ending March
31 of the previous year. The grantor, after a public hearing, may extend for up to one year the period for
meeting the wage and job goals under subdivision 4 provided in a subsidy agreement. A grantor may extend
the period for meeting other goals under subdivision 3, paragraph (a), clause (3), by documenting in writing
the reason for the extension and attaching a copy of the document to its next annual report to the department.
(b) A recipient that fails to meet the terms of a subsidy agreement may not receive a business subsidy
from any grantor for a period of five years from the date of failure or until a recipient satisfies its repayment
obligation under this subdivision, whichever occurs first.
(c) Before a grantor signs a business subsidy agreement, the grantor must check with the compilation
and summary report required by this section to determine if the recipient is eligible to receive a business
subsidy.
Subd. 7.Reports by recipients to grantors.(a) A business subsidy grantor must monitor the progress
by the recipient in achieving agreement goals.
(b) A recipient must provide information regarding goals and results for two years after the benefit date
or until the goals are met, whichever is later. If the goals are not met, the recipient must continue to provide
information on the subsidy until the subsidy is repaid. The information must be filed on forms developed
by the commissioner in cooperation with representatives of local government. Copies of the completed forms
must be sent to the local government agency that provided the subsidy or to the commissioner if the grantor
is a state agency. If the commissioner of Iron Range resources and rehabilitation is the grantor, the copies
must be sent to the commissioner of Iron Range resources and rehabilitation. The report must include:
(1) the type, public purpose, and amount of subsidies and type of district, if the subsidy is tax increment
financing;
(2) the hourly wage of each job created with separate bands of wages;
(3) the sum of the hourly wages and cost of health insurance provided by the employer with separate
bands of wages;
(4) the date the job and wage goals will be reached;
(5) a statement of goals identified in the subsidy agreement and an update on achievement of those goals;
(6) the location of the recipient prior to receiving the business subsidy;
(7) the number of employees who ceased to be employed by the recipient when the recipient relocated
to become eligible for the business subsidy;
(8) why the recipient did not complete the project outlined in the subsidy agreement at their previous
location, if the recipient was previously located at another site in Minnesota;
(9) the name and address of the parent corporation of the recipient, if any;
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(10) a list of all financial assistance by all grantors for the project; and
(11) other information the commissioner may request.
A report must be filed no later than March 1 of each year for the previous year. The local agency and the
commissioner of Iron Range resources and rehabilitation must forward copies of the reports received by
recipients to the commissioner by April 1.
(c) Financial assistance that is excluded from the definition of "business subsidy" by section 116J.993,
subdivision 3, clauses (4), (5), (8), and (16), is subject to the reporting requirements of this subdivision,
except that the report of the recipient must include instead:
(1) the type, public purpose, and amount of the financial assistance, and type of district if the assistance
is tax increment financing;
(2) progress towards meeting goals stated in the assistance agreement and the public purpose of the
assistance;
(3) if the agreement includes job creation, the hourly wage of each job created with separate bands of
wages;
(4) if the agreement includes job creation, the sum of the hourly wages and cost of health insurance
provided by the employer with separate bands of wages;
(5) the location of the recipient prior to receiving the assistance; and
(6) other information the grantor requests.
(d) If the recipient does not submit its report, the local government agency must mail the recipient a
warning within one week of the required filing date. If, after 14 days of the postmarked date of the warning,
the recipient fails to provide a report, the recipient must pay to the grantor a penalty of $100 for each
subsequent day until the report is filed. The maximum penalty shall not exceed $1,000.
Subd. 8.Reports by grantors.(a) Local government agencies of a local government with a population
of more than 2,500 and state government agencies, regardless of whether or not they have awarded any
business subsidies, must file a report by April 1 of each year with the commissioner. Local government
agencies of a local government with a population of 2,500 or less are exempt from filing this report if they
have not awarded a business subsidy in the past five years. The report must include a list of recipients that
did not complete the recipient report required under subdivision 7 and a list of recipients that have not met
their job and wage goals within two years and the steps being taken to bring them into compliance or to
recoup the subsidy.
If the commissioner has not received the report by April 1 from an entity required to report, the
commissioner shall issue a warning to the government agency. If the commissioner has still not received
the report by June 1 of that same year from an entity required to report, then that government agency may
not award any business subsidies until the report has been filed.
(b) The report required under paragraph (a) is also required for financial assistance of $25,000 and
greater that is excluded from the definition of "business subsidy" by section 116J.993, subdivision 3, clause
(1), and of $75,000 and greater that is excluded from the definition of "business subsidy" by section 116J.993,
subdivision 3, clause (21). The report for the financial assistance under this paragraph must be completed
within one year of the granting of the financial assistance. The report required for financial assistance under
this paragraph must include:
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(1) the name of the recipient, its organizational structure, its address and contact information, and its
industry sector;
(2) a description of the amount and use of the financial assistance and the total project budget, including
a list of all financial assistance by all grantors for the project and the private sources of financial assistance;
(3) the public purpose of the financial assistance, the job goals associated with both the financial assistance
and the total project in which the financial assistance is included, the hourly wage of each job created, and
the cost of health insurance provided by the employer;
(4) the date the project will be completed;
(5) the name and address of the parent corporation of the recipient, if any; and
(6) any other information the commissioner may request.
(c) Within one year of completing a report under paragraph (b), the local government agency must report
to the commissioner on progress in achieving the purposes and goals under paragraph (b), clause (3).
(d) The commissioner of employment and economic development must provide information on reporting
requirements to state and local government agencies.
Subd. 9.Compilation and summary report.The Department of Employment and Economic
Development must publish a compilation and summary of the results of the reports for the previous two
calendar years by December 1 of 2004 and every other year thereafter. The reports of the government
agencies to the department and the compilation and summary report of the department must be made available
to the public. The commissioner must make copies of all business subsidy reports submitted by local and
state granting agencies available on the department's website by October 1 of the year in which they were
submitted.
The commissioner must coordinate the production of reports so that useful comparisons across time
periods and across grantors can be made. The commissioner may add other information to the report as the
commissioner deems necessary to evaluate business subsidies. Among the information in the summary and
compilation report, the commissioner must include:
(1) total amount of subsidies awarded in each development region of the state;
(2) distribution of business subsidy amounts by size of the business subsidy;
(3) distribution of business subsidy amounts by time category;
(4) distribution of subsidies by type and by public purpose;
(5) percent of all business subsidies that reached their goals;
(6) percent of business subsidies that did not reach their goals by two years from the benefit date;
(7) total dollar amount of business subsidies that did not meet their goals after two years from the benefit
date;
(8) percent of subsidies that did not meet their goals and that did not receive repayment;
(9) list of recipients that have failed to meet the terms of a subsidy agreement in the past five years and
have not satisfied their repayment obligations;
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(10) number of part-time and full-time jobs within separate bands of wages for the entire state and for
each development region of the state;
(11) benefits paid within separate bands of wages for the entire state and for each development region
of the state; and
(12) number of employees in the entire state and in each development region of the state who ceased to
be employed because their employers relocated to become eligible for a business subsidy.
Subd. 10.Compilation.The Department of Employment and Economic Development must publish a
compilation of granting agencies' criteria policies adopted in the previous two calendar years by December
1 of 2004 and every other year thereafter.
Subd. 11.Enforcement.(a) A person with residence in or an owner of taxable property located in the
jurisdiction of the grantor may bring an action for equitable relief arising out of the failure of the grantor to
comply with sections 116J.993 to 116J.995. The court may award a prevailing party in an action under this
subdivision costs and reasonable attorney fees.
(b) Prior to bringing an action, the party must file a written complaint with the grantor stating the alleged
violation and proposing a remedy. The grantor has up to 30 days to reply to the complaint in writing and
may take action to comply with sections 116J.993 to 116J.995.
(c) The written complaint under this subdivision for failure to comply with subdivisions 1 to 5, must be
filed with the grantor within 180 days after approval of the subsidy agreement under subdivision 3, paragraph
(d). An action under this subdivision must be commenced within 30 days following receipt of the grantor's
reply, or within 180 days after approval of the subsidy agreement under subdivision 3, paragraph (d),
whichever is later.
History: 1999 c 243 art 12 s 2; 2000 c 482 s 2-11; 2001 c 7 s 28; 2003 c 128 art 13 s 24-26; 1Sp2003
c 4 s 1; 2004 c 206 s 24,25; 1Sp2005 c 1 art 4 s 23,24; 1Sp2005 c 3 art 7 s 2-5; 2008 c 366 art 5 s 3-5; 2017
c 94 art 7 s 11-13
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116J.995 ECONOMIC GRANTS.
An appropriation rider in an appropriation to the Department of Employment and Economic Development
that specifies that the appropriation be granted to a particular business or class of businesses must contain
a statement of the expected benefits associated with the grant. At a minimum, the statement must include
goals for the number of jobs created or enhanced, wages paid, and the tax revenue increases due to the grant.
The wage and job goals must contain specific goals to be attained within two years of the benefit date. The
statement must specify the recipient's obligation if the recipient does not attain the goals. At a minimum,
the statement must require a recipient failing to meet the job and wage goals to pay back the assistance plus
interest to the Department of Employment and Economic Development provided that repayment may be
prorated to reflect partial fulfillment of goals. The interest rate must be set at no less than the implicit price
deflator as defined under section 116J.994, subdivision 6. The legislature, after a public hearing, may extend
for up to one year the period for meeting the goals provided in the statement.
History: 1999 c 243 art 12 s 3; 2000 c 482 s 12; 2001 c 7 s 29; 2003 c 128 art 13 s 27; 1Sp2003 c 4 s
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