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November 22, 2008
State of Minnesota Website
Minnesota Job Opportunity Building Zones Newsletter: Issue 10 - April 2005
Whatz Inzide  

JOBZ Tracker

Businesses and communities continued to sign JOBZ deals at a fast pace in the first quarter of 2005. The tally now stands at 145 projects, resulting in 2,212 new jobs averaging $11.44 an hour. Businesses also promise to retain 4,811 existing jobs and to make more than $165 million in new capital investments, according to data from the signed business subsidy agreements.

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JOBZ Progress Report Now Available Online

A new publication has just been released charting the first-year progress of the JOBZ program. An electronic version of the 16-page report, JOBZ Newz: A Report on Year One of Minnesota’s Job Opportunity Building Zone Initiative, is available online at: http://www.deed.state.mn.us/bizdev/PDFs/jobzAnnRpt.pdf.

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Lawsuit Challenges Constitutionality of JOBZ Program

A lawsuit filed in Ramsey County last month charges that the JOBZ program violates both the Minnesota and U.S. Constitutions. The suit names the State of Minnesota, DEED Commissioner Matt Kramer and Revenue Commissioner Dan Salomone as defendants and asks the court to terminate the JOBZ program and invalidate all existing JOBZ deals. Attorneys for the state have filed a response to the complaint denying that the JOBZ statute is unconstitutional.

Because the matter is under litigation, state officials can neither comment on the legal challenge nor speculate about the outcome of the case or its possible effects.

Be assured, however, that state officials are monitoring this legal challenge very closely and will make every effort to communicate developments as quickly and efficiently as possible. Zone and sub-zone administrators – along with local officials, business owners and anyone else with an interest in the JOBZ program – will receive periodic updates on the case. Information about future developments and decisions, including the complaint and the state’s response to it, will be posted on the JOBZ website: http://www.deed.state.mn.us/bizdev/jobzTechAssist.htm.

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Watch for Legislative Changes

As the Minnesota Legislature moves slowly toward adjournment, both the House and Senate continue to debate several proposed changes in the JOBZ program. These proposals include suggestions that could: 1) provide a tool for evaluating the local economic impact of future JOBZ projects, 2) clarify the definition and criteria for business relocations under the JOBZ program, and 3) prohibit retail businesses from qualifying for JOBZ benefits.

DEED staff are monitoring the debate over several JOBZ-related proposals as they move through the legislative process, but we have no way of predicting which changes, if any, will ultimately be signed into law. The only advice we can offer is that all interested parties – zone and subzone administrators, along with other local officials and businesses – should continue to watch closely. If enacted, any of these changes could affect JOBZ projects that are currently in the works but not yet finalized.

When any JOBZ-related legislation is passed, DEED will notify all interested parties. Until then, keep watching. Your legislators are at work.

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Prevailing Wage and JOBZ

The prevailing wage statute – specifically as it relates to the JOBZ program – continues to be widely debated and scrutinized among JOBZ communities, businesses, administrators and others. This is a reminder that any company that signs a business subsidy agreement to operate within a JOBZone must comply with the statutory requirements of the state's prevailing wage law, according to a letter issued by the Office of the Minnesota Attorney General. A contractor or subcontractor cannot avoid paying prevailing wages by electing not to be exempt from sales and use tax. What this means is that qualified businesses that are conducting building projects must require construction companies to comply with Minnesota's prevailing wage statute.

Below is a quick primer on the mechanics of the prevailing wage law (it’s also posted on the JOBZ website). Here’s how it works:

  1. The Subzone administrator informs the prospective benefiting business of JOBZ prevailing wage requirement as stated in Section IV, L. of the model Business Subsidy Agreement.

  2.  
  3. The Subzone administrator informs the prospective benefiting business that the relevant Minnesota prevailing wage statute is 116J.871 and recommends that the business include the following language, or equivalent, in bid packages and construction contracts: “Minnesota Statutes, Section 116J.871 applies to this project. The statute requires recipients of state assistance to pay the prevailing wage rates to laborers and mechanics at the project site.”

  4.  
  5. The Subzone administrator provides the following certification language, or equivalent, to the business to send to the Commissioner of the Minnesota Department of Labor and Industry: “I [name], on behalf of business [name], certify that laborers and mechanics at the project site during construction, installation, remodeling, and repairs for which JOBZ sales tax exemptions will be provided will be paid the prevailing wage rate as defined in M.S. Section 177.42, subdivision 6.”

  6.  
  7. The Subzone administrator provides the prospective benefiting business and, if necessary, its contractor with the prevailing wage webpage of the Minnesota Department of Labor and Industry, www.doli.state.mn.us/pw_rates.html to find the appropriate wage rates. It’s important to note that there is an appeal process for businesses that believe the prevailing wage information for their county is incorrect. For information on how to appeal a prevailing wage ruling, go to the prevailing wage webpage, or contact the Department of Labor and Industry: 651-284-5005 or toll free 800-342-5354.

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Reminder: Business Subsidy Reports Were Due April 1

The first due date has now passed for submitting mandatory Minnesota Business Assistance Form (MBAF) for all JOBZ projects. Thanks to everyone who met the April 1 deadline. Those who have not yet filed should remember that June 1 is final deadline for submitting your reports.

A revised online form is now available for state and local government agencies to report their business assistance activities to DEED. Among other modifications, the online form now includes space for reporting activities related to JOBZ. Instructions along with the reporting form are available at: http://www.deed.state.mn.us/Community/subsidies/MBAFForm.htm.

The MBAF should be used to report or update business assistance activities for each calendar year. Minnesota statute requires government agencies that meet certain size or assistance activities to submit annual reports to DEED. These reports must summarize current and past business assistance activity until the businesses receiving the assistance achieve all agreed-upon performance goals. April 1 of each year for business assistance activities from the previous year.

If you have questions about the MBAF or other reporting requirements, contact Ed Hodder, 651-296-0580, ed.hodder@state.mn.us.

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Most JOBZ Properties Now Listed on MNPRO:
Enhancements Make Site Even More Useful

We're happy to report that most JOBZ communities have now listed their JOBZ properties on MNPRO. Thanks and congratulations to all of you, and a gentle reminder to those that haven’t: MNPRO is a powerful and useful tool to get the word out to businesses that are seeking sites for expansion and relocation in Minnesota’s communities. If you haven’t listed your JOBZ properties, please take a few minutes to do it now.

The site visit figures have been increasing steadily for months, and the figures for March tell a compelling story: MNPRO averaged nearly 1,000 visits a day. That’s a lot of people looking at properties.

Also, we’ve recently added some important enhancements to the MNPRO site. Besides adding significant power to make the site work much faster - especially for those who have dial-up Internet service - we’ve also added new mapping capacity. The site now features “Site Advantage,” the latest state-of-the-art mapping tool by Mapquest. “Site Advantage” features better graphics and offers faster and more efficient access to the MNPRO site maps.

DEED and MNPRO technical staff have also begun initial planning for what could lead to the addition of Geographic Information System (GIS) mapping capabilities, which offer the most advanced online mapping tools available. These discussions are in the very early stages, and we welcome any ideas or suggestions for adding and using this tool. If you have suggestions or questions, please contact MNPRO Manager Judy Parker at judy.parker@state.mn.us.

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Minnesota Expansions Data Leads to High National Rankings

Site Selection magazine last month named eight Minnesota "micropolitan" statistical areas to its list of "Top Top Facilities Expansions in 2004.” The U.S. Census Bureau defines a micropolitan area as a region that includes a city of at least 10,000 people but less than 50,000 that covers at least one county. Minnesota also ranked 15th among all the states in its total number of expansions, which was the best ranking of all the Midwestern states.

Minnesota’s high rankings are possible because of the work of DEED’s Judy Parker, who tracks Minnesota expansions and reports them annually to Site Selection and other similar publications. The recognition also can be at least partly attributed to the success of the JOBZ program around the state, since many of the expansion projects on the 2004 list were JOBZ projects.

“We used to get mentioned farther down on these kinds of lists, but we knew we were better than that,” said DEED’s Director of Business Development Mark Lofthus. “Judy has done great work on maintaining our business expansion database and submitting the information to these publications. That has led to these cities being touted nationally, which is a great marketing opportunity not only for those cities but for the entire state."

Site Selection is a nationwide publication that focuses on business expansions and is read by CEOs, corporate real estate executives, and other business decision-makers throughout the country. The micropolitan statistical areas that made the Site Selection list include: Albert Lea (tied for 9th); Mankato/North Mankato and Alexandria (tied for 23rd); and Fergus Falls, Willmar, Marshall, and Brainerd (tied for 82nd).

Lofthus encourages Minnesota’s economic development professionals and local governments officials to report business expansions in their communities, and send information about them to Judy Parker, so that more Minnesota cities can be included in national rankings that recognize business growth. Just go to www.deed.state.mn.us/facts/expansion.htm and use the form.

Contact Judy Parker at 651-296-3963 if you have any questions.

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JOBZ Resources

Answering the Call:
Get Fast, Accurate Help by Calling the Right Person

The JOBZ program generates questions – a lot of questions – and it’s not always clear where to find the answers. You’ll get the fastest and most accurate responses if you direct your general questions first to your local sub-zone administrator or one of DEED’s business marketing representatives, all of whom have contact information listed on the JOBZ web page: http://www.deed.state.mn.us/bizdev/PDFs/jobzAdmSupCont.pdf.

For program-related information about specific businesses:
Mark Lofthus, DEED Director of Business Development
651-297-4567, mark.lofthus@state.mn.us

For tax and revenue information:
Anne Gravelle, Department of Revenue Tax Specialist
651-556-6836, anne.gravelle@state.mn.us

For information about Prevailing Wage requirements and compliance:
Erik Oelker, Department of Labor and Industry Senior Investigator
651-284-6269, erik.oelker@state.mn.us

In addition, four DEED technical assistance representatives are ready to answer any purely technical questions you might have about any of the 10 zones.  To reach the appropriate technical assistance representative for your zone, check the following list:

 

East Central Zone, Headwaters Zone, and West Central Zone
Jill Hughes: 651-297-7133, jill.hughes@state.mn.us

Land of the Dancing Sky – Northwest and Southern Minnesota JOBZ Alliance
Kristin Lukes: 651-296-1149, kristin.lukes@state.mn.us

Northeast – Arrowhead, Southwest & Brewster Ag Zone, and Upper Minnesota Valley
Katie Hatt: 651-282-6789, katie.hatt@state.mn.us

Positively Southern Minnesota JOBZ Growth Corridor and Region 5 JOBZone
Adam Kienberger: 651-282-5014, adam.kienberger@state.mn.us

MNPRO and Community Profiles / MN Business Expansion Report
Judy Parker: 651-296-3963, judy.parker@state.mn.us

Business and subsidy policies, public hearings, annual reporting
Ed Hodder: 651-296-0580, ed.hodder@state.mn.us

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