Introduction - 81st Legislature (1999 - 2000)
Posted on 12/15/2009 12:00 a.m.
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 economic development and certain agencies of state 1.4 government; establishing and modifying programs; 1.5 regulating activities and practices; modifying fees; 1.6 making conforming changes; requiring reports; amending 1.7 Minnesota Statutes 1998, sections 16C.05, subdivision 1.8 3; 80A.122, by adding a subdivision; 80A.28, 1.9 subdivision 1; 116L.04, subdivision 1; 181A.12, 1.10 subdivision 1; 216C.051, subdivision 9; and 216C.41, 1.11 subdivision 3; Minnesota Statutes 1999 Supplement, 1.12 sections 13.99, by adding a subdivision; 116L.04, 1.13 subdivision 1a; 268.085, subdivision 4; 268.98, 1.14 subdivision 3; and 326.105; proposing coding for new 1.15 law in Minnesota Statutes, chapters 116L; 136F; 268; 1.16 325G; 326; and 462A; repealing Minnesota Rules, part 1.17 3800.3810. 1.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19 ARTICLE 1 1.20 APPROPRIATIONS 1.21 Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 1.22 The sums shown in the columns marked "APPROPRIATIONS" are 1.23 appropriated from the general fund, or another named fund, to 1.24 the agencies and for the purposes specified in this act, to be 1.25 available for the fiscal years indicated for each purpose. The 1.26 figures "2000" and "2001," where used in this act, mean that the 1.27 appropriation or appropriations listed under them are available 1.28 for the year ending June 30, 2000, or June 30, 2001, 1.29 respectively. The term "first year" means the fiscal year 1.30 ending June 30, 2000, and "second year" means the fiscal year 1.31 ending June 30, 2001. 2.1 SUMMARY BY FUND 2.2 2000 2001 TOTAL 2.3 General $ 5,050,000 $ 69,836,000 $ 74,886,000 2.4 TANF -0- 250,000 250,000 2.5 LCMR -0- 225,000 225,000 2.6 Workforce 2.7 Development Fund -0- 5,576,000 5,576,000 2.8 TOTAL $ 5,050,000 $ 75,887,000 $ 80,937,000 2.9 APPROPRIATIONS 2.10 Available for the Year 2.11 Ending June 30 2.12 2000 2001 2.13 Sec. 2. TRADE AND ECONOMIC DEVELOPMENT 2.14 Subdivision 1. Total 2.15 Appropriation 5,000,000 11,865,000 2.16 Summary by Fund 2.17 General 5,000,000 9,190,000 2.18 LCRM -0- 225,000 2.19 Workforce 2.20 Development Fund -0- 2,450,000 2.21 The amounts that may be spent from this 2.22 appropriation for each program are 2.23 specified in the following subdivisions. 2.24 Subd. 2. Business and Community 2.25 Development -0- 11,865,000 2.26 Summary by Fund 2.27 General -0- 9,190,000 2.28 LCMR -0- 225,000 2.29 Workforce 2.30 Development Fund -0- 2,450,000 2.31 $400,000 the second year is for a grant 2.32 to Advantage Minnesota, Inc. The funds 2.33 are available only if matched on at 2.34 least a dollar-for-dollar basis from 2.35 other sources. This is a one-time 2.36 appropriation and is not added to the 2.37 agency's budget base. The commissioner 2.38 may release the funds only upon: 2.39 (1) certification that matching funds 2.40 from each participating organization 2.41 are available; and 2.42 (2) review and approval by the 2.43 commissioner of the proposed operations 2.44 plan of Advantage Minnesota, Inc. for 2.45 the biennium. 2.46 $1,000,000 in the second year is for 2.47 catalyst grants to local governments to 2.48 expand telecommunications capacity in 3.1 areas of Minnesota that have limited 3.2 capacity. Grants are for capital 3.3 expenditures related to providing 3.4 Internet access to residences and 3.5 businesses using either traditional 3.6 fiber optic cable or wireless 3.7 technology, including, but not limited 3.8 to, multipoint microwave distribution. 3.9 The commissioner shall award catalyst 3.10 grants for at least one rural and one 3.11 urban wireless project. Eligible 3.12 capital expenditures include equipment 3.13 and construction costs but do not 3.14 include the costs of planning, 3.15 engineering, or preliminary design. 3.16 The commissioner, after consultation 3.17 with the commissioner of 3.18 administration, shall award catalyst 3.19 grants according to a competitive grant 3.20 process. A preference shall be given 3.21 for projects that will enable both 3.22 business and residential Internet 3.23 access at speeds of at least 512 3.24 kilobytes per second. Grant requests 3.25 shall be made by application to the 3.26 commissioner of trade and economic 3.27 development. The application must, at 3.28 a minimum, document for each applicant 3.29 the following: 3.30 (1) intent to aggregate, or current 3.31 aggregation of, demand for services 3.32 among private, nonprofit, and public 3.33 sector within or among communities; 3.34 (2) the extent to which the proposal 3.35 involves private-public shared funding 3.36 and collaborative planning among 3.37 different economic and government 3.38 sectors, including, but not limited to, 3.39 private sector providers, public sector 3.40 technology investments such as the 3.41 state information infrastructure, 3.42 library systems, health care providers, 3.43 businesses, schools, and other 3.44 educational institutions, and the 3.45 nonprofit sector to leverage public and 3.46 private investments to the maximum 3.47 benefit of all citizens; 3.48 (3) the extent to which the supporting 3.49 information infrastructure employs an 3.50 open network architecture that will 3.51 ensure interconnectivity and 3.52 interoperability across community 3.53 sectors; and 3.54 (4) the existence of a comprehensive 3.55 technology plan that integrates 3.56 technology goals with community and 3.57 economic development goals for the 3.58 community and region. 3.59 The maximum catalyst grant for any 3.60 project is $250,000 or 25 percent of 3.61 the eligible capital expenditures, 3.62 whichever is less. This is a one-time 3.63 appropriation and is not added to the 3.64 agency's budget base. 3.65 $500,000 in the second year is for a 4.1 grant to the community resources 4.2 program under Minnesota Statutes, 4.3 chapter 466A. This is a one-time 4.4 appropriation and is not added to the 4.5 agency's budget base. 4.6 $200,000 the second year is for a grant 4.7 to the board of the rural policy and 4.8 development center for operation of the 4.9 center. This is a one-time 4.10 appropriation and is not added to the 4.11 agency's budget base. This 4.12 appropriation is available as matched 4.13 in cash on a dollar-for-dollar basis 4.14 from nonstate sources. 4.15 $950,000 the second year is for a grant 4.16 to Lifetrack Resources, Inc., for 4.17 programs to improve the 4.18 self-sufficiency of persons who are 4.19 disadvantaged, including services in 4.20 the CAREER collaborative for refugees 4.21 and immigrants related to developing 4.22 job-seeking skills and workplace 4.23 orientation, functional work English, 4.24 and on-site job coaching. Of this 4.25 appropriation, $500,000 is from the 4.26 general fund and $450,000 is from the 4.27 workforce development fund. Of this 4.28 amount, $450,000 is to provide services 4.29 in the metropolitan area and $500,000 4.30 is to provide similar services to 4.31 similar clientele in Willmar, Albert 4.32 Lea, Austin, Rochester, and Marshall 4.33 either directly by Lifetrack Resources, 4.34 Inc., or through contracts with other 4.35 service providers. 4.36 $2,000,000 the second year is from the 4.37 work force development fund for the 4.38 jobs skills partnership board to make 4.39 distance-work grants under Minnesota 4.40 Statutes, section 116L.16. This 4.41 appropriation is available until 4.42 expended. This is a one-time 4.43 appropriation and is not added to the 4.44 agency's budget base. 4.45 $250,000 the second year is for 4.46 separate grants of $125,000 to the 4.47 cities of Minneapolis and St. Paul for 4.48 the purpose of programs related to the 4.49 retrofitting and reinventing of aging 4.50 commercial corridors in those cities. 4.51 This is a one-time appropriation and is 4.52 not added to the agency's budget base. 4.53 $4,926,000 in the second year is for 4.54 grants to the cities for community 4.55 rehabilitation projects, including 4.56 improvements to municipal steam heating 4.57 systems. 4.58 $50,000 the second year is for a grant 4.59 to county and district agricultural 4.60 societies and associations that are 4.61 eligible to receive aid under Minnesota 4.62 Statutes, section 38.02. The 4.63 commissioner shall administer this 4.64 appropriation pursuant to a need-based 4.65 competitive grant process. This is a 5.1 one-time appropriation and is not added 5.2 to the agency's budget base. 5.3 $216,000 in the second year is for 5.4 one-time rural job creation grants 5.5 under Minnesota Statutes, section 5.6 469.309. This is a one-time 5.7 appropriation and is not added to the 5.8 agency's budget base. 5.9 $725,000 in the second year is for a 5.10 grant to the city of Duluth for repair 5.11 and restoration of the aerial lift 5.12 bridge. 5.13 $100,000 in the second year is for a 5.14 grant to the city of St. Paul for 5.15 native landscaping along trunk highway 5.16 No. 5 from the Minneapolis-St. Paul 5.17 International Airport to the Fort 5.18 Snelling tunnel and improved 5.19 landscaping on West Seventh Street from 5.20 the Mississippi river to I-35E. 5.21 $98,000 in the second year is for a 5.22 grant to the Neighborhood Development 5.23 Center, Inc. The center shall use the 5.24 grant for the purpose of expanding and 5.25 improving its neighborhood and 5.26 ethnic-based entrepreneur training, 5.27 lending, and support programs in the 5.28 poorest communities of Minneapolis and 5.29 St. Paul. This is a one-time 5.30 appropriation and is not added to the 5.31 department's budget base. 5.32 $225,000 in the second year is for a 5.33 grant to the city of Owatonna for 5.34 infrastructure improvements. 5.35 $225,000 in the second year is from the 5.36 future resources fund for an agreement 5.37 with the city of Virginia for 5.38 relocation of the Silver Lake storm 5.39 sewer outlet, construction of 5.40 sedimentation ponds, and renovation of 5.41 the Sauntry Creek diversion structure. 5.42 Native plantings must be used in buffer 5.43 strips. This is a one-time 5.44 appropriation and is not added to the 5.45 agency's budget base. This 5.46 appropriation must be matched by at 5.47 least $225,000 of nonstate money. 5.48 Subd. 3. Tourism 5,000,000 -0- 5.49 Summary by Fund 5.50 General 5,000,000 -0- 5.51 $5,000,000 the first year is for 5.52 participating in, guaranteeing, or 5.53 making loans to tourism related 5.54 businesses in Minnesota that have been 5.55 adversely impacted by the lack of 5.56 snowfall in the winter of 1999-2000 or 5.57 the preceding two winters. The 5.58 commissioner shall establish an 5.59 application process and form for the 5.60 loans. The maximum loan term shall be 5.61 for ten years and the maximum interest 6.1 rate may not exceed six percent. Loans 6.2 may be used for working capital, 6.3 operations, and for capital 6.4 improvements. Loan repayments shall be 6.5 deposited in the tourism loan account 6.6 and may be used for the purposes of the 6.7 tourism loan program under Minnesota 6.8 Statutes, section 116J.617. 6.9 Sec. 3. MINNESOTA TECHNOLOGY, INC. -0- 900,000 6.10 $200,000 the second year is for a grant 6.11 to the e-Business Institute. This is a 6.12 one-time appropriation and is not added 6.13 to the agency's budget base. 6.14 $200,000 the second year is for a grant 6.15 to Minnesota Project Innovation. This 6.16 is a one-time appropriation and is not 6.17 added to the agency's budget base. 6.18 $400,000 the second year is for a grant 6.19 to the Natural Resources Research 6.20 Institute. This is a one-time 6.21 appropriation and is not added to the 6.22 agency's budget base. 6.23 $100,000 the second year is for a grant 6.24 to the Minnesota Council for Quality. 6.25 This is a one-time appropriation and is 6.26 not added to the agency's budget base. 6.27 Sec. 4. ECONOMIC SECURITY -0- 5,198,000 6.28 Summary by Fund 6.29 General -0- 1,822,000 6.30 TANF -0- 250,000 6.31 Workforce 6.32 Development Fund -0- 3,126,000 6.33 $126,000 the second the year is for a 6.34 grant to Advocating Change Together, 6.35 Inc., (ACT). This appropriation is 6.36 from the workforce development fund. 6.37 The grant must be used for the training 6.38 of individuals with developmental and 6.39 other mental health disabilities, the 6.40 maintenance of related data, or 6.41 technical assistance for work 6.42 advancement or additional workforce 6.43 training. No part of this grant may be 6.44 applied to litigation costs or used for 6.45 legal advocacy or legal assistance 6.46 purposes. This is a one-time 6.47 appropriation and is not added to the 6.48 agency's budget base. 6.49 $250,000 in the second year is to 6.50 administer the alien certification 6.51 program. This is a one-time 6.52 appropriation and is not added to the 6.53 agency's budget base. 6.54 $3,000,000 in the second year is from 6.55 the workforce development fund and is 6.56 for summer youth employment programs. 6.57 This is a one-time appropriation and is 6.58 not added to the agency's budget base. 7.1 This appropriation is available 7.2 immediately. 7.3 $1,000,000 in the second year is for a 7.4 pilot parental leave program. The 7.5 commissioner, to the extent of funds 7.6 available under this $1,000,000 7.7 appropriation, shall reimburse an 7.8 "employer" as defined in Minnesota 7.9 Statutes, section 268.035, subdivision 7.10 14, that provides qualified paid 7.11 parental leave. The reimbursement is 7.12 one-half of the employer payment to an 7.13 employee, subject to a maximum of 26 7.14 weeks. A "qualified paid parental 7.15 leave" is a paid leave of absence to an 7.16 employee who is a natural or adoptive 7.17 parent in conjunction with the birth or 7.18 adoption of a child. Qualified paid 7.19 parental leave does not include sick 7.20 leave or vacation leave but must be in 7.21 addition to sick leave or vacation 7.22 leave. The leave must be at least six 7.23 weeks and must be used within the first 7.24 year of birth or during the first year 7.25 in which the employee becomes an 7.26 adoptive parent. In order to receive 7.27 reimbursement under this section, an 7.28 employer must pay the employee at least 7.29 $200 per week. An employer may not be 7.30 reimbursed for more than $250 per week 7.31 nor may weekly state reimbursement 7.32 exceed more than one-third of the 7.33 employee's weekly wage with the 7.34 employer at the time of the leave. 7.35 Reimbursement may be done on a 7.36 quarterly or other basis as determined 7.37 by the commissioner. Benefits received 7.38 under this section shall be considered 7.39 income for the purposes of Minnesota 7.40 Statutes, section 119B.061. The 7.41 commissioner of economic security shall 7.42 notify employers of the voluntary paid 7.43 parental leave program through the 7.44 department's Web site and other 7.45 communications with employers. The 7.46 commissioner shall develop an 7.47 application process for a pilot program 7.48 that reasonably allocates the available 7.49 funds for this pilot program. 7.50 Reimbursement may be made for leave 7.51 taken on or after July 1, 2000. This 7.52 is a one-time appropriation and is not 7.53 added to the agency's budget base. Up 7.54 to five percent of this appropriation 7.55 may be used for administration. This 7.56 appropriation is available until 7.57 expended. 7.58 $250,000 in the second year is to 7.59 provide services to people with severe 7.60 impairments to employment as defined in 7.61 Minnesota Statutes, section 268A.15, 7.62 subdivision 1a. This appropriation is 7.63 from the state's federal TANF block 7.64 grant under Public Law Number 104-193 7.65 to the commissioner of human services 7.66 to be transferred to the commissioner 7.67 of economic security. This is a 7.68 one-time appropriation and is not added 7.69 to the agency's budget base. 8.1 $572,000 in the second year is for 8.2 enterprise zone incentive grants under 8.3 Minnesota Statutes, section 469.305. 8.4 This is a one-time appropriation and is 8.5 not added to the agency's budget base. 8.6 Sec. 5. HOUSING FINANCE AGENCY 8.7 Summary by Fund 8.8 General -0- 56,500,000 8.9 Subdivision 1. Total 8.10 Appropriation -0- 56,500,000 8.11 The amounts that may be spent from this 8.12 appropriation for certain programs are 8.13 specified in the following subdivisions. 8.14 This appropriation is for transfer to 8.15 the housing development fund for the 8.16 programs specified. Except as 8.17 otherwise indicated, this transfer is 8.18 not part of the agency's permanent 8.19 budget base. 8.20 Subd. 2. Family Homeless Prevention 8.21 $1,000,000 the second year is for the 8.22 family homeless prevention and 8.23 assistance program under Minnesota 8.24 Statutes, section 462A.204. 8.25 Subd. 3. Nursing Home Conversion 8.26 Grant Program 8.27 $1,000,000 the second year is for the 8.28 nursing home conversion grant program 8.29 under Minnesota Statutes, section 8.30 462A.34. 8.31 Subd. 4. TANF Transfer 8.32 (a) By June 30, 2001, the commissioner 8.33 of human services shall transfer 8.34 $54,500,000 of the general funds 8.35 appropriated under Laws 1999, chapter 8.36 245, article 1, section 2, subdivision 8.37 10, to the commissioner of the 8.38 Minnesota housing finance agency for 8.39 transfer to the housing development 8.40 fund. Up to $25,800,000 may be 8.41 transferred in fiscal year 2000. The 8.42 commissioner of human services shall 8.43 ensure that alternative maintenance of 8.44 effort funds are available to replace 8.45 state MFIP grant expenditures reduced 8.46 by this provision. 8.47 (b) Of the funds transferred in 8.48 paragraph (a), $5,000,000 in fiscal 8.49 year 2001 and $10,000,000 in fiscal 8.50 year 2002 is for a loan to Habitat for 8.51 Humanity of Minnesota, Inc. The loan 8.52 shall be an interest-free deferred 8.53 loan. The loan shall become due and 8.54 payable in the event and to the extent 8.55 that Habitat for Humanity of Minnesota, 8.56 Inc. does not invest repayments and 8.57 prepayment of mortgage loans financed 8.58 with this appropriation in new 9.1 mortgages for additional homebuyers 9.2 through Habitat for Humanity of 9.3 Minnesota, Inc. To the extent 9.4 practicable, funding must be allocated 9.5 to Habitat for Humanity chapters on the 9.6 basis of the number of MFIP households 9.7 residing within a chapter's service 9.8 area compared to the statewide total of 9.9 MFIP households and on the basis of a 9.10 chapter's capacity. 9.11 (c) Of the funds transferred in 9.12 paragraph (a), $20,800,000 in fiscal 9.13 year 2001 and $18,700,000 in fiscal 9.14 year 2002 is for the affordable rental 9.15 investment fund program under Minnesota 9.16 Statutes, section 462A.21, subdivision 9.17 8b. To the extent practicable, the 9.18 number of units financed with the 9.19 appropriation under this paragraph 9.20 within a city, county, or region shall 9.21 reflect the number of MFIP households 9.22 residing within the city, county, or 9.23 region compared to the statewide total 9.24 of MFIP households. This appropriation 9.25 must be used to finance rental housing 9.26 units that serve families: 9.27 (1) receiving MFIP benefits under 9.28 Minnesota Statutes, section 256J.01, or 9.29 its successor program; and 9.30 (2) who have lost eligibility for MFIP 9.31 due to increased income from employment. 9.32 Units produced with this appropriation 9.33 must remain affordable for a 30-year 9.34 period. 9.35 In order to coordinate the availability 9.36 of housing developed with the 9.37 appropriation under this paragraph with 9.38 MFIP families in need of affordable 9.39 housing, the commissioner, with the 9.40 assistance of the commissioner of human 9.41 services, shall establish cooperative 9.42 relationships with county agencies as 9.43 defined in Minnesota Statutes, section 9.44 256J.08, local employment and training 9.45 service providers as defined in 9.46 Minnesota Statutes, section 256J.49, 9.47 local social service agencies, or other 9.48 organizations that provide assistance 9.49 to MFIP households. 9.50 The commissioner shall develop 9.51 strategies to promote occupancy of the 9.52 units financed by the appropriation 9.53 under this paragraph by households most 9.54 in need of subsidized housing. The 9.55 strategies shall include provisions 9.56 that encourage households to move into 9.57 homeownership or unsubsidized housing 9.58 as the household secures stable 9.59 employment and achieves 9.60 self-sufficiency. The commissioner 9.61 shall consult with interested parties 9.62 in developing these strategies. 9.63 (d) The commissioner of the Minnesota 9.64 housing finance agency and the 10.1 commissioner of human services shall 10.2 jointly prepare and submit a report to 10.3 the governor and the legislature on the 10.4 results of the funding provided under 10.5 this section. The report shall include: 10.6 (1) information on the number of units 10.7 produced; 10.8 (2) the household size and income of 10.9 the occupants of the units at initial 10.10 occupancy; and 10.11 (3) to the extent the information is 10.12 available, measures related to the 10.13 occupants' attachment to the workforce 10.14 and public assistance usage, and number 10.15 of occupant moves. 10.16 The report must be submitted annually 10.17 beginning January 15, 2003. 10.18 This subdivision is effective the day 10.19 following final enactment. 10.20 Sec. 6. COMMERCE -0- 129,000 10.21 $129,000 is from the general fund to 10.22 maintain the no-call information list 10.23 as described in Minnesota Statutes, 10.24 section 325G.54. 10.25 Sec. 7. MINNESOTA HISTORICAL 10.26 SOCIETY -0- 1,150,000 10.27 $850,000 in the second year is for 10.28 salary adjustments. This is a one-time 10.29 appropriation and is not added to the 10.30 agency's budget base. 10.31 $300,000 in the second year is for 10.32 grants to county and local 10.33 jurisdictions for historic preservation 10.34 projects and accessibility 10.35 improvements. The grants must be 10.36 matched by at least an equal amount 10.37 from nonstate sources. 10.38 Sec. 8. SECRETARY OF STATE 50,000 -0- 10.39 $50,000 in fiscal year 2000 is for a 10.40 one-time grant to Kids Voting Minnesota 10.41 to improve voter turnout by encouraging 10.42 children to go to the polls on election 10.43 day accompanied by their parents or a 10.44 guardian, and cast a ballot on the same 10.45 issues as adults. The appropriation 10.46 may be used to partnership with school 10.47 districts, state agencies, community 10.48 organizations, and regional and 10.49 statewide associations. The funds may 10.50 be used for grants to school districts, 10.51 polling place costs, recruitment of 10.52 school and community volunteers, and 10.53 related expenditures. This is a 10.54 one-time appropriation and is not added 10.55 to the agency's budget base. 10.56 Sec. 9. BOARD OF ARCHITECTURE, 10.57 ENGINEERING, LAND SURVEYING, LANDSCAPE 10.58 LANDSCAPE ARCHITECTURE, AND 11.1 INTERIOR DESIGN -0- 130,000 11.2 $130,000 in the second year is for 11.3 enforcement activities of the board. 11.4 Sec. 10. OFFICE OF STRATEGIC AND 11.5 LONG-RANGE PLANNING -0- 15,000 11.6 $15,000 in the second year is for 11.7 duties related to the legislative job 11.8 training program task force. 11.9 Sec. 11. [JUDY GARLAND MUSEUM.] 11.10 Notwithstanding Laws 1997, chapter 200, article 1, section 11.11 2, subdivision 2, the match required for the appropriation for 11.12 an agreement under that law with the Judy Garland Children's 11.13 Museum and the department of trade and economic development is 11.14 an equal match of $200,000. 11.15 Sec. 12. [UPPER RED LAKE BUSINESS LOAN PROGRAM.] 11.16 The appropriation to the commissioner of trade and economic 11.17 development in Laws 1999, chapter 223, article 1, section 2, 11.18 subdivision 4, for the Upper Red Lake business loan program is 11.19 available until December 31, 2000, and applications for grants 11.20 under that program may be accepted until that date. 11.21 Sec. 13. [JOBS SKILLS PARTNERSHIP BOARD.] 11.22 (a) The appropriation by Laws 1999, chapter 223, article 1, 11.23 section 2, subdivision 2, to the department of trade and 11.24 economic development from the workforce development fund for the 11.25 jobs skills partnership board for the pathways program does not 11.26 cancel and is available until expended. If the appropriation 11.27 for either year is insufficient, the appropriation for the other 11.28 year is available. 11.29 (b) The appropriation by Laws 1999, chapter 223, article 1, 11.30 section 2, subdivision 2, to the department of trade and 11.31 economic development from the state's federal TANF block grant 11.32 under Title 1 of Public Law Number 104-193 to the commissioner 11.33 of human services, to be transferred to the commissioner of 11.34 trade and economic development for the pathways program under 11.35 Minnesota Statutes, section 116L.04, subdivision 1a, does not 11.36 cancel and is available until expended. If the appropriation 11.37 for either year is insufficient, the appropriation for the other 11.38 year is available. 12.1 (c) The appropriation by Laws 1999, chapter 245, article 1, 12.2 section 2, subdivision 10, to the commissioner of health and 12.3 human services from the state's federal TANF block grant under 12.4 Title 1 of Public Law Number 104-193, to increase employment and 12.5 training services grants for MFIP of which $750,000 is to be 12.6 transferred to the jobs skills partnership board for the health 12.7 care and human services worker training and retention program, 12.8 does not cancel and is available until expended. If the 12.9 appropriation for either year is insufficient, the appropriation 12.10 for the other year is available. 12.11 Sec. 14. [REEMPLOYMENT INSURANCE; FOOD SERVICES.] 12.12 Notwithstanding the provisions of Minnesota Statutes, 12.13 section 268.085, subdivision 8, wage credits from an employer 12.14 are not subject to the provisions of Minnesota Statutes, section 12.15 268.085, subdivision 7, if those wage credits were earned during 12.16 the school year by an employee of a private employer performing 12.17 work pursuant to a contract between the employer and an 12.18 elementary or secondary school and the employment was related to 12.19 food services provided to the school by the employer. This 12.20 section expires December 31, 2001. 12.21 Sec. 15. [LEGISLATIVE JOB TRAINING PROGRAM TASK FORCE.] 12.22 (a) There is established a legislative job training program 12.23 task force to study all federal and state job training programs 12.24 and make legislative recommendations for the consolidation and 12.25 modification of state job training programs. This task force 12.26 shall also make recommendations regarding the cost-effectiveness 12.27 of locating work-force centers and their affiliates at Minnesota 12.28 state colleges and universities campuses. 12.29 (b) The task force consists of: 12.30 (1) five members of the house of representatives to be 12.31 appointed by the speaker of the house, two of whom must be from 12.32 the minority caucus; and 12.33 (2) five members of the senate to be appointed by the 12.34 subcommittee on committees of the committee on rules and 12.35 administration, two of whom must be from the minority caucus. 12.36 The task force shall review existing reports on state job 13.1 training programs as the starting point for its study. The 13.2 recommendations shall specifically address the use of federal 13.3 job training program funds and the coordination of federal and 13.4 state programs. The task force shall investigate the role of 13.5 the state under the federal Workforce Investment Act, including 13.6 the opportunity that act gives to the state to exercise 13.7 discretion in the use of federal funds. The task force shall 13.8 submit its recommendations to the legislature by January 15, 13.9 2001. The task force shall expire January 20, 2001. The 13.10 director of the office of strategic and long-range planning 13.11 shall assist the task force in its duties. 13.12 Sec. 16. [WORKFORCE CENTER LOCATIONS.] 13.13 The commissioner of the department of administration shall 13.14 assist the commissioner of economic security and the board of 13.15 trustees of the Minnesota state colleges and universities system 13.16 to develop and report to the legislature by January 15, 2001, on 13.17 a ten-year plan for the possible location of workforce centers 13.18 or affiliate location on Minnesota college and university 13.19 campuses, where appropriate. 13.20 The plan must identify space requirements, current 13.21 workforce center lease expiration dates, and the campuses that 13.22 can immediately accommodate workforce centers, and recommend 13.23 timelines for colocating workforce centers with Minnesota state 13.24 colleges and universities system facilities. 13.25 If additional space would be required to accommodate the 13.26 workforce center, the plan must outline alternative capital 13.27 financing mechanisms, including private build-lease. 13.28 Sec. 17. [EXEMPTION FROM ADDITIONAL BENEFITS REQUIREMENTS; 13.29 HENNEPIN PAPER.] 13.30 Notwithstanding Minnesota Statutes, section 268.125, an 13.31 applicant is eligible to receive additional benefits for any 13.32 week under Minnesota Statutes, section 268.125, if: 13.33 (1) the applicant was laid off due to lack of work from the 13.34 Hennepin Paper Company in Morrison county; 13.35 (2) the applicant is a member of a group certified on May 13.36 4, 1999, under the North American Free Trade Agreement or the 14.1 Trade Adjustment Act as having been impacted by foreign imports; 14.2 (3) the applicant has exhausted all rights to regular 14.3 benefits under Minnesota Statutes, section 268.07, and does not 14.4 qualify for a new benefit account under Minnesota Statutes, 14.5 section 268.07, and is not entitled to receive unemployment 14.6 benefits under any other state or federal law; 14.7 (4) the applicant is presently attending training or is on 14.8 vacation from training pursuant to the North American Free Trade 14.9 Agreement or the Trade Adjustment Act; 14.10 (5) the applicant has filed a continued request for 14.11 benefits under Minnesota Statutes, section 268.086, for the 14.12 week; 14.13 (6) a majority of the applicant's wage credits were from 14.14 the Hennepin Paper Company; 14.15 (7) the applicant is not subject to a disqualification 14.16 under Minnesota Statutes, section 268.095; and 14.17 (8) the applicant meets the eligibility requirements under 14.18 Minnesota Statutes, section 268.085, except for subdivision 1, 14.19 clause (2). 14.20 The disqualification provisions under Minnesota Statutes, 14.21 section 268.095, apply to this section. 14.22 The applicant's weekly additional benefit amount shall be 14.23 the same as the applicant's weekly benefit amount under 14.24 Minnesota Statutes, section 268.07. 14.25 The maximum amount of the additional benefits available 14.26 shall be 18 times the applicant's weekly benefit amount under 14.27 Minnesota Statutes, section 268.07. 14.28 Additional benefits under this section are payable from the 14.29 fund. 14.30 This section expires January 1, 2001. 14.31 Sec. 18. [EXEMPTION FROM ADDITIONAL BENEFITS REQUIREMENTS; 14.32 EVTAC MINING.] 14.33 Notwithstanding Minnesota Statutes, section 268.125, 14.34 subdivisions 1, and 3, clauses (1) and (5), a claimant is 14.35 eligible to receive additional benefits under Minnesota 14.36 Statutes, section 268.125, if: 15.1 (1) the claimant was laid off due to lack of work from the 15.2 Evtac Mining Company in St. Louis county between the months of 15.3 June and August of 1999; and 15.4 (2) the commissioner of economic security finds that the 15.5 claimant satisfies the conditions of Minnesota Statutes, section 15.6 268.125, subdivision 3, clauses (2) to (4). 15.7 This section does not apply to any claimant who, with 15.8 respect to any period prior to September 1, 2000, receives, or 15.9 has an agreement to receive, a retirement pension financed in 15.10 whole or in part by the Evtac Mining Company. 15.11 Sec. 19. [EFFECTIVE DATE.] 15.12 Sections 17 and 18 and any appropriation and related rider 15.13 for fiscal year 2000 are effective the day following final 15.14 enactment. 15.15 ARTICLE 2 15.16 MISCELLANEOUS STATUTORY PROVISIONS 15.17 Section 1. Minnesota Statutes 1999 Supplement, section 15.18 13.99, is amended by adding a subdivision to read: 15.19 Subd. 92h. [NO CALL LIST.] Access to and use of 15.20 information in the no-call list maintained by the commissioner 15.21 of commerce is governed by section 325G.56. 15.22 Sec. 2. Minnesota Statutes 1998, section 16C.05, 15.23 subdivision 3, is amended to read: 15.24 Subd. 3. [EXCEPTION.] The requirements of subdivision 2 do 15.25 not apply to contracts of the department of economic security 15.26 distributing state and federal funds for the purpose of 15.27 subcontracting the provision of program services to eligible 15.28 recipients. For these contracts, the commissioner of economic 15.29 security is authorized to directly enter into agency contracts 15.30 and encumber available funds. For contracts distributing state 15.31 or federal funds pursuant to the federal Economic Dislocation 15.32 and Worker Adjustment Assistance Act, United States Code, title 15.33 29, section 1651 et seq., or sections 268.9771, 268.978, 15.34 268.9781, and 268.9782, the commissioner of economic security is 15.35 authorized to directly enter into agency contracts with approval 15.36 of the workforce development council and encumber available 16.1 funds to ensure a rapid response to the needs of dislocated 16.2 workers. The commissioner of economic security shall adopt 16.3 internal procedures to administer and monitor funds distributed 16.4 under these contracts. This exception also applies to any 16.5 contracts entered into by the commissioner of children, 16.6 families, and learning and the jobs skills partnership board 16.7 that were previously entered into by the commissioner of 16.8 economic security. 16.9 Sec. 3. Minnesota Statutes 1998, section 80A.122, is 16.10 amended by adding a subdivision to read: 16.11 Subd. 4a. [EXPIRATION.] (a) A filing made in connection 16.12 with the securities of an open-end investment company under 16.13 subdivision 1 expires the next June 30 unless renewed. To renew 16.14 a notice filing, an issuer shall: 16.15 (1) before expiration of a current notice filing, file with 16.16 the commissioner the documents specified by the commissioner 16.17 under subdivision 1, clause (2), together with any fees required 16.18 by section 80A.28, subdivision 1, paragraph (c); and 16.19 (2) no later than September 1 following expiration, file a 16.20 sales report for the prior fiscal year with the commissioner 16.21 specifying: 16.22 (i) the registered sales; 16.23 (ii) the actual sales; and 16.24 (iii) the balance that could be sold without an additional 16.25 filing under section 80A.28, subdivision 1, paragraph (c). 16.26 (b) No portion of the unsold balance of shares indicated on 16.27 the issuer's sales report may be lawfully sold in this state in 16.28 connection with a renewed notice filing until fees have been 16.29 paid to renew the shares. 16.30 Sec. 4. Minnesota Statutes 1998, section 80A.28, 16.31 subdivision 1, is amended to read: 16.32 Subdivision 1. (a) There shall be a filing fee of $100 for 16.33 every application for registration or notice filing. There 16.34 shall be an additional fee of one-tenth of one percent of the 16.35 maximum aggregate offering price at which the securities are to 16.36 be offered in this state, and the maximum combined fees shall 17.1 not exceed $300. 17.2 (b) When an application for registration is withdrawn 17.3 before the effective date or a preeffective stop order is 17.4 entered under section 80A.13, subdivision 1, all but the $100 17.5 filing fee shall be returned. If an application to register 17.6 securities is denied, the total of all fees received shall be 17.7 retained. 17.8 (c) Where a filing is made in connection with a federal 17.9 covered security under section 18(b)(2) of the Securities Act of 17.10 1933, there is a fee of $100 for every initial filing. If the 17.11 filing is made in connection with redeemable securities issued 17.12 by an open end management company or unit investment trust, as 17.13 defined in the Investment Company Act of 1940, there is an 17.14 additional annual fee of 1/20 of one percent of the maximum 17.15 aggregate offering price at which the securities are to be 17.16 offered in this state during the notice filing period. The fee 17.17 must be paid at the time of the initial filing and thereafter in 17.18 connection with each renewal no later than July 1 of each year 17.19 and must be sufficient to cover the shares the issuer expects to 17.20 sell in this state over the next 12 months. If during a current 17.21 notice filing the issuer determines it is likely to sell shares 17.22 in excess of the shares for which fees have been paid to the 17.23 commissioner, the issuer shall submit an amended notice filing 17.24 to the commissioner under section 80A.122, subdivision 1, clause 17.25 (3), together with a fee of 1/20 of one percent of the maximum 17.26 aggregate offering price of the additional shares. Shares for 17.27 which a fee has been paid, but which have not been sold at the 17.28 time of expiration of the notice filing, may not be sold unless 17.29 an additional fee to cover the shares has been paid to the 17.30 commissioner as provided in this section and section 80A.122, 17.31 subdivision 4a. If the filing is made in connection with 17.32 redeemable securities issued by such a company or trust, there 17.33 is no maximum fee for securities filings made according to this 17.34 paragraph. If the filing is made in connection with any other 17.35 federal covered security under Section 18(b)(2) of the 17.36 Securities Act of 1933, there is an additional fee of one-tenth 18.1 of one percent of the maximum aggregate offering price at which 18.2 the securities are to be offered in this state, and the combined 18.3 fees shall not exceed $300. Beginning with fiscal year 2001 and 18.4 continuing each fiscal year thereafter, as of the last day of 18.5 each fiscal year, the commissioner shall determine the total 18.6 amount of all fees that were collected under this paragraph in 18.7 connection with any filings made for that fiscal year for 18.8 securities of an open-end investment company on behalf of a 18.9 security that is a federal covered security pursuant to section 18.10 18(b)(2) of the Securities Act of 1933. To the extent the total 18.11 fees collected by the commissioner in connection with these 18.12 filings exceed $25,000,000 in a fiscal year, the commissioner 18.13 shall refund, on a pro rata basis, to all persons who paid any 18.14 fees for that fiscal year, the amount of fees collected by the 18.15 commissioner in excess of $25,000,000. No individual refund is 18.16 required of amounts of $100 or less for a fiscal year. 18.17 Sec. 5. Minnesota Statutes 1998, section 116L.04, 18.18 subdivision 1, is amended to read: 18.19 Subdivision 1. [PARTNERSHIP PROGRAM.] (a) The partnership 18.20 program may provide grants-in-aid to educational or other 18.21 nonprofittrainingeducational institutions using the following 18.22 guidelines: 18.23 (1) the educational or other nonprofit educational 18.24 institution is a provider of training within the state in either 18.25 the public or private sector; 18.26 (2) the program involves skills training that is an area of 18.27 employment need; and 18.28 (3) preference will be given to educational or other 18.29 nonprofit training institutions which serve economically 18.30 disadvantaged people, minorities, or those who are victims of 18.31 economic dislocation and to businesses located in rural areas. 18.32 (b) A single grant to any one institution shall not exceed 18.33 $400,000. 18.34 Sec. 6. Minnesota Statutes 1999 Supplement, section 18.35 116L.04, subdivision 1a, is amended to read: 18.36 Subd. 1a. [PATHWAYS PROGRAM.] The pathways program may 19.1 provide grants-in-aid for developing programs which assist in 19.2 the transition of persons from welfare to work. The program is 19.3 to be operated by the board. The board shall consult and 19.4 coordinate with program administrators at the department of 19.5 economic security to design and provide services for temporary 19.6 assistance for needy families recipients. 19.7 Pathways grants-in-aid may be awarded to educational or 19.8 other nonprofittrainingeducational institutions for education 19.9 and training programs, which may include support services that 19.10 serve public assistance recipients transitioning from public 19.11 assistance to employment or programs that serve persons at or 19.12 below 200 percent of the federal poverty guidelines. 19.13 Preference shall be given to projects that: 19.14 (1) provide employment with benefits paid to employees; 19.15 (2) provide employment where there are defined career paths 19.16 for trainees; 19.17 (3) pilot the development of an educational pathway that 19.18 can be used on a continuing basis for transitioning persons from 19.19 public assistance directly to work; and 19.20 (4) demonstrate the active participation of department of 19.21 economic security workforce centers, Minnesota state college and 19.22 university institutions and other educational institutions, and 19.23 local welfare agencies. 19.24 Pathways projects must demonstrate the active involvement 19.25 and financial commitment of private business. Pathways projects 19.26 must be matched with cash or in-kind contributions on at least a 19.27 one-to-one ratio by participating private business. 19.28 A single grant to any one institution shall not exceed 19.29 $400,000. 19.30 The board shall annually, by March 31, report to the 19.31 commissioners of economic security and trade and economic 19.32 development on pathways programs, including the number of public 19.33 assistance recipients participating in the program, the number 19.34 of participants placed in employment, the salary and benefits 19.35 they receive, and the state program costs per participant. 19.36 Sec. 7. [116L.16] [DISTANCE-WORK GRANTS.] 20.1 The job skills partnership board may make grants-in-aid for 20.2 distance-work projects. The purpose of the grants is to promote 20.3 distance-work projects involving technology in rural areas and 20.4 may include a consortium of organizations partnering in the 20.5 development of rural technology industry. Grants may be used to 20.6 identify and train rural workers in technology and provide rural 20.7 workers with physical connections to telecommunications 20.8 infrastructure, where necessary, in order to be self-employed or 20.9 employed from their homes or satellite offices. Grants must be 20.10 made according to Minnesota Statutes, sections 116L.02 and 20.11 116L.04, except that: 20.12 (1) the business match may include, but is not limited to, 20.13 additional management or technology staff costs; start-up 20.14 equipment costs such as telecommunications infrastructure, 20.15 additional software, or computer upgrades; consulting fees for 20.16 implementation of distance-work policies or identification and 20.17 skill assessment of potential employees; and the joint financial 20.18 contribution of two or more businesses acting as a consortium; 20.19 (2) cash or in-kind contributions by partnering 20.20 organizations may be used as a match; 20.21 (3) eligible grantees may be educational or nonprofit 20.22 educational training organizations; and 20.23 (4) grants-in-aid may be packaged with loans under 20.24 Minnesota Statutes, section 116L.06, subdivision 6. 20.25 The board shall, to the extent there are sufficient 20.26 applications, make grant awards to as many parts of the state as 20.27 possible. Subject to the requirement for geographic 20.28 distribution of grants, preference shall be given to grant 20.29 applications that provide the most cost-effective training 20.30 proposals, that provide the best prospects for high-paying jobs 20.31 with high retention rates, or that are from more economically 20.32 distressed rural areas or communities. 20.33 Grantees must meet reporting and evaluation requirements 20.34 established by the board. 20.35 Sec. 8. [136F.77] [EQUITY INVESTMENTS.] 20.36 The board may acquire an interest in a product or a private 21.1 business entity for the purpose of developing and providing 21.2 educational materials and related programs or services to 21.3 further the mission of the Minnesota state colleges and 21.4 universities and foster the economic growth of the state. The 21.5 board may enter into joint venture agreements with private 21.6 corporations to develop educational materials and related 21.7 programs or services. Any proceeds from the investments or 21.8 ventures are appropriated to the board. The state is not liable 21.9 for any obligations or liabilities that arise from investments 21.10 under this section. The board must report annually by September 21.11 1 to the legislature regarding its earnings from partnerships 21.12 and the disposition of those earnings. 21.13 Sec. 9. Minnesota Statutes 1998, section 181A.12, 21.14 subdivision 1, is amended to read: 21.15 Subdivision 1. [FINES; PENALTY.] Any employer who hinders 21.16 or delays the department or its authorized representative in the 21.17 performance of its duties under sections 181A.01 to 181A.12 or 21.18 refuses to admit the commissioner or an authorized 21.19 representative to any place of employment or refuses to make 21.20 certificates or lists available as required by sections 181A.01 21.21 to 181A.12, or otherwise violates any provisions of sections 21.22 181A.01 to 181A.12 or any rules issued pursuant thereto shall be 21.23 assessed a fine to be paid to the commissioner for deposit in 21.24 the general fund. The fine may be recovered in a civil action 21.25 in the name of the department brought in the district court of 21.26 the county where the violation is alleged to have occurred or 21.27 the district court where the commissioner has an office. Fines 21.28 are in the amounts as follows: 21.29 (a) employment of minors under the age of 14 21.30 (each employee)$ 5021.31 $ 500 21.32 (b) employment of minors under the age of 16 21.33 during school hours while school is in session 21.34 (each employee)5021.35 500 21.36 (c) employment of minors under the age of 16 22.1 before 7:00 a.m. (each employee)5022.2 500 22.3 (d) employment of minors under the age of 16 22.4 after 9:00 p.m. (each employee)5022.5 500 22.6 (e) employment of a high school student under 22.7 the age of 18 in violation of section 181A.04, 22.8 subdivision 6 (each employee)10022.9 1,000 22.10 (f) employment of minors under the age of 16 22.11 over eight hours a day (each employee)5022.12 500 22.13 (g) employment of minors under the age of 16 22.14 over 40 hours a week (each employee)5022.15 500 22.16 (h) employment of minors under the age of 18 22.17 in occupations hazardous or 22.18 detrimental to their well-being as defined 22.19 by rule (each employee)10022.20 1,000 22.21 (i) employment of minors under the age of 16 22.22 in occupations hazardous or 22.23 detrimental to their well-being as defined 22.24 by rule (each employee)10022.25 1,000 22.26 (j) minors under the age of 18 injured in 22.27 hazardous employment (each employee)50022.28 5,000 22.29 (k) minors employed without proof of age 22.30 (each employee)2522.31 250 22.32 An employer who refuses to make certificates or lists 22.33 available as required by sections 181A.01 to 181A.12 shall be 22.34 assessed a $500 fine. 22.35 Sec. 10. Minnesota Statutes 1998, section 216C.051, 22.36 subdivision 9, is amended to read: 23.1 Subd. 9. [EXPIRATION.] This section is repealedJune 3023.2 March 15,20002001. 23.3 Sec. 11. Minnesota Statutes 1998, section 216C.41, 23.4 subdivision 3, is amended to read: 23.5 Subd. 3. [ELIGIBILITY WINDOW.] Payments may be made under 23.6 this section only for electricity generated: 23.7 (a) from a qualified hydroelectric facility that is 23.8 operational and generating electricity beforeJanuary 1December 23.9 31, 2001; or 23.10 (b) from a qualified wind energy conversion facility that 23.11 is operational and generating electricity before January 1, 2005. 23.12 Sec. 12. [268.028] [ALIEN LABOR CERTIFICATION; PERFORMANCE 23.13 STANDARDS.] 23.14 The department of economic security shall have as a goal to 23.15 process completed applications for certification for permanent 23.16 alien laborers within 60 days of receipt of the completed 23.17 application. 23.18 Sec. 13. Minnesota Statutes 1999 Supplement, section 23.19 268.085, subdivision 4, is amended to read: 23.20 Subd. 4. [SOCIAL SECURITY BENEFITS.] (a) Any applicant 23.21 aged 62 or over shall be required to state when filing an 23.22 application for benefits and when filing continued requests for 23.23 benefits whether the applicant is receiving, has filed for, or 23.24 intends to file for, primary social security old age or 23.25 disability benefits for any week during the benefit year. 23.26 (b) There shall be deducted from an applicant's weekly 23.27 benefit amount 50 percent of the weekly equivalent of the 23.28 primary social security old age or disability benefit the 23.29 applicant has received, has filed for, or intends to file for, 23.30 with respect to that week. 23.31 (c) Notwithstanding paragraph (b), an applicant shall be 23.32 ineligible for benefits for any week with respect to which the 23.33 applicant is receiving, has received, or has filed for primary 23.34 social security disability benefits. 23.35 This paragraph shall not apply if the Social Security 23.36 Administration approved the collecting of primary social 24.1 security disability benefits each month the applicant was 24.2 employed during the base period. 24.3 (d) Information from the Social Security Administration 24.4 shall be considered conclusive, absent specific evidence showing 24.5 that the information was erroneous. 24.6 (e) Any applicant who receives primary social security old 24.7 age or disability benefits for periods that the applicant has 24.8 been paid reemployment compensation benefits shall be considered 24.9 overpaid those reemployment compensation benefits under section 24.10 268.18, subdivision 1. 24.11 Sec. 14. Minnesota Statutes 1999 Supplement, section 24.12 268.98, subdivision 3, is amended to read: 24.13 Subd. 3. [COST LIMITATIONS.] (a) For purposes of sections 24.14 268.9781 and 268.9782, funds allocated to a grantee are subject 24.15 to the following limitations: 24.16 (1) a maximum of 15 percent for administration in a worker 24.17 adjustment services plan and ten percent in a dislocation event 24.18 services grant; 24.19 (2) a minimum of 50 percent for provision of training 24.20 assistance; 24.21 (3)no more than ten percent statewide may be allocated24.22annuallya maximum of 30 percent for support services, as 24.23 defined in section 268.975, subdivision 13; and 24.24 (4) the balance used for provision of basic readjustment 24.25 assistance. 24.26 (b) A waiver of the cost limitation on providing training 24.27 assistance may be requested. The waiver may not permit less 24.28 than 30 percent of the funds be spent on training assistance. 24.29 (c) The commissioner shall prescribe the form and manner 24.30 for submission of an application for a waiver under paragraph 24.31 (b). Criteria for granting a waiver shall be established by the 24.32 commissioner in consultation with the workforce development 24.33 council. 24.34 Sec. 15. [325G.53] [DEFINITIONS.] 24.35 Subdivision 1. [SCOPE.] For the purposes of sections 24.36 325G.54 to 325G.57, the terms defined in this section have the 25.1 meanings given them. 25.2 Subd. 2. [CONSUMER.] "Consumer" means an actual or 25.3 prospective purchaser, lessee, or recipient of consumer 25.4 merchandise. 25.5 Subd. 3. [CONSUMER MERCHANDISE.] "Consumer merchandise" 25.6 means merchandise that is normally used for personal, family, or 25.7 household purposes. For purposes of this subdivision, 25.8 "merchandise" has the meaning given in section 325F.68, 25.9 subdivision 2. 25.10 Subd. 4. [TELEPHONIC SALES CALL.] "Telephonic sales call" 25.11 means a call made by a telephone solicitor to a consumer, for 25.12 the purpose of soliciting a sale or rental of, or investment in, 25.13 any consumer merchandise, soliciting an extension of credit for 25.14 consumer merchandise, obtaining information that will or may be 25.15 used for the direct solicitation of a sale of consumer 25.16 merchandise or an extension of credit for those purposes, or 25.17 soliciting a contribution for a political party as defined in 25.18 section 200.02, subdivision 6, or a charitable organization as 25.19 defined in section 309.50, subdivision 4. 25.20 Subd. 5. [TELEPHONE SOLICITOR.] "Telephone solicitor" 25.21 means a person who regularly makes or causes to be made a 25.22 telephonic sales call including, but not limited to, calls made 25.23 by use of automated dialing or recorded message devices. 25.24 Subd. 6. [UNSOLICITED TELEPHONIC SALES CALL.] "Unsolicited 25.25 telephonic sales call" means a telephonic sales call other than 25.26 a call made: 25.27 (1) in response to an express request of the person called; 25.28 (2) primarily in connection with an existing debt or a 25.29 contract, payment, or performance that has not been completed at 25.30 the time of the call; 25.31 (3) to a person with whom the telephone solicitor or an 25.32 affiliate of the telephone solicitor has a prior or existing 25.33 business relationship; 25.34 (4) in which the sale of consumer merchandise is not 25.35 completed, and payment or authorization of payment is not 25.36 required, until after a face-to-face sales presentation is made 26.1 by the seller or a mailing explaining the offer and cancellation 26.2 process is received, provided that the purchase price of the 26.3 consumer merchandise is not reasonably expected to exceed $200; 26.4 (5) to an actual or prospective seller or lessor of real 26.5 property when the call is made in response to a yard sign or 26.6 other form of advertisement placed by the seller or lessor; or 26.7 (6) by a nonprofit organization or political party within 26.8 the past five years to its own members or to individuals who 26.9 have contributed time or money to the organization or party. 26.10 Sec. 16. [325G.54] [NO CALL LIST.] 26.11 Subdivision 1. [PLACEMENT.] A residential telephone 26.12 subscriber desiring to be placed on a "no sales solicitation 26.13 calls" listing indicating that the subscriber does not wish to 26.14 receive unsolicited telephonic sales calls may notify the 26.15 department of commerce and be placed on that listing upon 26.16 receipt by the department of a $12 initial listing charge. The 26.17 listing may include the individual's residential numbers and 26.18 mobile or telephonic paging device numbers that the individual 26.19 uses primarily for personal or household purposes. This listing 26.20 shall be renewed by the department annually for each subscriber 26.21 upon receipt of a renewal notice and a $6 assessment. 26.22 Subd. 2. [UPDATING.] The department of commerce shall 26.23 update its "no sales solicitation calls" listing on at least a 26.24 quarterly basis. A telephone solicitor, or an agent or trade 26.25 association acting on behalf of the telephone solicitor, shall 26.26 obtain on at least a quarterly basis from the department of 26.27 commerce the most recent "no sales solicitation calls" listing. 26.28 The department may charge an annual fee not to exceed $50 to 26.29 provide the listing to telephone solicitors. The department 26.30 shall provide the listing to trade associations acting on behalf 26.31 of telephone solicitors free of charge. The commissioner may 26.32 fulfill the requirements of this subdivision by contracting with 26.33 an agent for the establishment and maintenance of the list. 26.34 Subd. 3. [SALES CALLS PROHIBITED.] No telephone solicitor 26.35 shall make or cause to be made an unsolicited telephonic sales 26.36 call to a residential, mobile, or telephonic paging device 27.1 telephone number if the number for that telephone appears in the 27.2 most recent listing obtained from the department. A telephone 27.3 solicitor or person who offers for sale any consumer information 27.4 that includes residential, mobile, or telephonic paging device 27.5 telephone numbers, except directory assistance and telephone 27.6 directories sold by telephone companies and organizations exempt 27.7 under section 501(c)(3) or 501(c)(6) of the Internal Revenue 27.8 Code, shall screen and exclude those numbers that appear on the 27.9 most recent "no sales solicitation calls" list obtained from the 27.10 department. 27.11 Sec. 17. [325G.55] [INTERFERENCE WITH CALLER 27.12 IDENTIFICATION.] 27.13 No telephone solicitor who makes a telephonic sales call to 27.14 a consumer in this state shall knowingly use any method to block 27.15 the consumer's use of a caller identification service. 27.16 Sec. 18. [325G.56] [FEDERAL LIST; RELEASE OF INFORMATION; 27.17 NOTICE OF RIGHTS.] 27.18 Subdivision 1. [FEDERAL LIST.] If, pursuant to United 27.19 States Code, title 47, section 227(c)(3), the Federal 27.20 Communications Commission establishes a single national list of 27.21 telephone numbers of subscribers who object to receiving 27.22 telephonic sales calls, the commissioner shall include 27.23 subscribers who live in Minnesota and are included in the 27.24 national list in the list established under section 325G.54. 27.25 Subd. 2. [RELEASE OF INFORMATION.] Information contained 27.26 in the list established under section 325G.54 shall be used only 27.27 for the purposes of compliance with section 325G.54 or in a 27.28 proceeding or action under section 325G.57. The information 27.29 contained in the list is private data on individuals or 27.30 nonpublic data as defined in section 13.02. 27.31 Subd. 3. [NOTICE.] Telephone companies must inform their 27.32 customers of the right to place their name on the "no sales 27.33 solicitation call list." The notification may be made by: 27.34 (1) quarterly inserts in the billing statements mailed to 27.35 customers; or 27.36 (2) conspicuous publication of the notice in the consumer 28.1 information pages of the local telephone directories. 28.2 Sec. 19. [325G.57] [VIOLATIONS; PENALTIES.] 28.3 (a) In enforcing sections 325G.53 to 325G.57, the 28.4 commissioner of commerce has all powers provided by section 28.5 45.027. 28.6 (b) A violation of sections 325G.53 to 325G.57 is a 28.7 deceptive practice under section 325F.69, subdivision 1. In 28.8 addition to the remedies provided in this section, the attorney 28.9 general may bring an action under section 8.31 against a person 28.10 for violation of sections 325G.53 to 325G.57. 28.11 Sec. 20. Minnesota Statutes 1999 Supplement, section 28.12 326.105, is amended to read: 28.13 326.105 [FEES.] 28.14 The fee for licensure or renewal of licensure as an 28.15 architect, professional engineer, land surveyor, landscape 28.16 architect, or geoscience professional is$104$120 per biennium. 28.17 The fee for certification as a certified interior designer or 28.18 for renewal of the certificate is$104$120 per biennium. The 28.19 fee for an architect applying for original certification as a 28.20 certified interior designer is $50 per biennium. The initial 28.21 license or certification fee for all professions is$104$120. 28.22 The renewal fee shall be paid biennially on or before June 30 of 28.23 each even-numbered year. The renewal fee, when paid by mail, is 28.24 not timely paid unless it is postmarked on or before June 30 of 28.25 each even-numbered year. The application fee is $25 for 28.26 in-training applicants and $75 for professional license 28.27 applicants. 28.28 The fee for monitoring licensing examinations for 28.29 applicants is $25, payable by the applicant. 28.30 Sec. 21. [326.2441] [INSPECTION FEE SCHEDULE.] 28.31 Subdivision 1. [SCHEDULE.] State electrical inspection 28.32 fees shall be paid according to subdivisions 2 to 13. 28.33 Subd. 2. [FEE FOR EACH SEPARATE INSPECTION.] The minimum 28.34 fee for each separate inspection of an installation, 28.35 replacement, alteration, or repair is $20. 28.36 Subd. 3. [FEE FOR SERVICES, GENERATORS, OTHER POWER SUPPLY 29.1 SOURCES, OR FEEDERS TO SEPARATE STRUCTURES.] The inspection fee 29.2 for the installation, addition, alteration, or repair of each 29.3 service, change of service, temporary service, generator, other 29.4 power supply source, or feeder to a separate structure is: 29.5 (1) 0 ampere to and including 400 ampere capacity, $25; 29.6 (2) 401 ampere to and including 800 ampere capacity, $50; 29.7 and 29.8 (3) ampere capacity above 800, $75. 29.9 Where multiple disconnects are grouped at a single location 29.10 and are supplied by a single set of supply conductors the 29.11 cumulative rating of the overcurrent devices shall be used to 29.12 determine the supply ampere capacity. 29.13 Subd. 4. [FEE FOR CIRCUITS, FEEDERS, FEEDER TAPS, OR SETS 29.14 OF TRANSFORMER SECONDARY CONDUCTORS.] The inspection fee for the 29.15 installation, addition, alteration, or repair of each circuit, 29.16 feeder, feeder tap, or set of transformer secondary conductors, 29.17 including the equipment served, is: 29.18 (1) 0 ampere to and including 200 ampere capacity, $5; and 29.19 (2) ampere capacity above 200, $10. 29.20 Subd. 5. [LIMITATIONS TO FEES OF SUBDIVISIONS 3 AND 29.21 4.] (a) The fee for a one-family dwelling and each dwelling unit 29.22 of a two-family dwelling with a supply of up to 500 amperes 29.23 where a combination of ten or more sources of supply, feeders, 29.24 or circuits are installed, added, altered, repaired, or extended 29.25 is $80. This fee applies to each separate installation for new 29.26 dwellings and additions, alterations, or repairs to existing 29.27 dwellings and includes not more than two inspections. The fee 29.28 for additional inspections or other installations is that 29.29 specified in subdivisions 2 to 4. The installer may submit fees 29.30 for additional inspections when filing the request for 29.31 electrical inspection. 29.32 (b) The fee for each dwelling unit of a multifamily 29.33 dwelling with three to 12 dwelling units is $50 and the fee for 29.34 each additional dwelling unit is $25. These fees include only 29.35 inspection of the wiring within individual dwelling units and 29.36 the final feeder to that unit. This limitation is subject to 30.1 the following conditions: 30.2 (1) the multifamily dwelling is provided with common 30.3 service equipment and each dwelling unit is supplied by a 30.4 separate feeder. The fee for multifamily dwelling services or 30.5 other power source supplies and all other circuits is that 30.6 specified in subdivisions 2 to 4; and 30.7 (2) this limitation applies only to new installations for 30.8 multifamily dwellings where the majority of the individual 30.9 dwelling units are available for inspection during each 30.10 inspection trip. 30.11 (c) A separate request for electrical inspection form must 30.12 be filed for each dwelling unit that is supplied with an 30.13 individual set of service entrance conductors. These fees are 30.14 the one-family dwelling rate specified in paragraph (a). 30.15 Subd. 6. [ADDITIONS TO FEES OF SUBDIVISIONS 3 TO 5.] (a) 30.16 The fee for the electrical supply for each manufactured home 30.17 park lot is $25. This fee includes the service or feeder 30.18 conductors up to and including the service equipment or 30.19 disconnecting means. The fee for feeders and circuits that 30.20 extend from the service or disconnecting means is that specified 30.21 in subdivision 4. 30.22 (b) The fee for each recreational vehicle site electrical 30.23 supply equipment is $5. The fee for recreational vehicle park 30.24 services, feeders, and circuits is that specified in 30.25 subdivisions 3 and 4. 30.26 (c) The fee for each street, parking lot, or outdoor area 30.27 lighting standard is $1, and the fee for each traffic signal 30.28 standard is $5. Circuits originating within the standard or 30.29 traffic signal controller shall not be used when computing the 30.30 fee. 30.31 (d) The fee for transformers for light, heat, and power is 30.32 $10 for transformers rated up to ten kilovolt-amperes and $20 30.33 for transformers rated in excess of ten kilovolt-amperes. 30.34 (e) The fee for transformers and electronic power supplies 30.35 for electric signs and outline lighting is $5 per unit. 30.36 (f) The fee for alarm, communication, remote control, and 31.1 signaling circuits or systems, and circuits of less than 50 31.2 volts, is 50 cents for each system device or apparatus. 31.3 (g) The fee for each separate inspection of the bonding for 31.4 a swimming pool, spa, fountain, an equipotential plane for an 31.5 agricultural confinement area, or similar installation shall be 31.6 $20. Bonding conductors and connections require an inspection 31.7 before being concealed. 31.8 (h) The fee for all wiring installed on center pivot 31.9 irrigation booms is $40. 31.10 (i) The fee for retrofit modifications to existing lighting 31.11 fixtures is 25 cents per lighting fixture. 31.12 Subd. 7. [INVESTIGATION FEES: WORK WITHOUT A REQUEST FOR 31.13 ELECTRICAL INSPECTION.] (a) Whenever any work for which a 31.14 request for electrical inspection is required by the board has 31.15 begun without the request for electrical inspection form being 31.16 filed with the board, a special investigation shall be made 31.17 before a request for electrical inspection form is accepted by 31.18 the board. 31.19 (b) An investigation fee, in addition to the full fee 31.20 required by subdivisions 1 to 6, shall be paid before an 31.21 inspection is made. The investigation fee is two times the 31.22 hourly rate specified in subdivision 10 or the inspection fee 31.23 required by subdivisions 1 to 6, whichever is greater, not to 31.24 exceed $1,000. The payment of the investigation fee does not 31.25 exempt any person from compliance with all other provisions of 31.26 the board rules or statutes nor from any penalty prescribed by 31.27 law. 31.28 Subd. 8. [REINSPECTION FEE.] When reinspection is 31.29 necessary to determine whether unsafe conditions have been 31.30 corrected and the conditions are not the subject of an appeal 31.31 pending before the board or any court, a reinspection fee of $20 31.32 may be assessed in writing by the inspector. 31.33 Subd. 9. [SUPPLEMENTAL FEE.] When inspections scheduled by 31.34 the installer are preempted, obstructed, prevented, or otherwise 31.35 not able to be completed as scheduled due to circumstances 31.36 beyond the control of the inspector, a supplemental inspection 32.1 fee of $20 may be assessed in writing by the inspector. 32.2 Subd. 10. [SPECIAL INSPECTION.] For inspections not 32.3 covered in this section, or for requested special inspections or 32.4 services, the fee shall be $30 per hour, including travel time, 32.5 plus 31 cents per mile traveled, plus the reasonable cost of 32.6 equipment or material consumed. This provision is applicable to 32.7 inspection of empty conduits and other jobs as may be determined 32.8 by the board. This fee may also be assessed when installations 32.9 are not accessible by roadway and require alternate forms of 32.10 transportation. 32.11 Subd. 11. [INSPECTION OF TRANSITORY PROJECTS.] (a) For 32.12 inspection of transitory projects including, but not limited to, 32.13 festivals, fairs, carnivals, circuses, shows, production sites, 32.14 and portable road construction plants, the inspection procedures 32.15 and fees are as specified in paragraphs (b) to (i). 32.16 (b) The fee for inspection of each generator or other 32.17 source of supply is that specified in subdivision 3. A like fee 32.18 is required at each engagement or setup. 32.19 (c) In addition to the fee for generators or other sources 32.20 of supply, there must be an inspection of all installed feeders, 32.21 circuits, and equipment at each engagement or setup at the 32.22 hourly rate specified in subdivision 10, with a two-hour minimum. 32.23 (d) An owner, operator, or appointed representative of a 32.24 transitory enterprise including, but not limited to, festivals, 32.25 fairs, carnivals, circuses, production companies, shows, 32.26 portable road construction plants, and similar enterprises shall 32.27 notify the board of its itinerary or schedule and make 32.28 application for initial inspection a minimum of 14 days before 32.29 its first engagement or setup. An owner, operator, or appointed 32.30 representative of a transitory enterprise who fails to notify 32.31 the board 14 days before its first engagement or setup may be 32.32 subject to the investigation fees specified in subdivision 7. 32.33 The owner, operator, or appointed representative shall request 32.34 inspection and pay the inspection fee for each subsequent 32.35 engagement or setup at the time of the initial inspection. For 32.36 subsequent engagements or setups not listed on the itinerary or 33.1 schedule submitted to the board and where the board is not 33.2 notified at least 48 hours in advance, a charge of $100 may be 33.3 made in addition to all required fees. 33.4 (e) Amusement rides, devices, concessions, attractions, or 33.5 other units must be inspected at their first appearance of the 33.6 year. The inspection fee is $20 per unit with a supply of up to 33.7 60 amperes and $30 per unit with a supply above 60 amperes. 33.8 (f) An additional fee at the hourly rate specified in 33.9 subdivision 10 must be charged for additional time spent by each 33.10 inspector if equipment is not ready or available for inspection 33.11 at the time and date specified on the application for initial 33.12 inspection or the request for electrical inspection form. 33.13 (g) In addition to the fees specified in paragraphs (a) and 33.14 (b), a fee of two hours at the hourly rate specified in 33.15 subdivision 10 must be charged for inspections required to be 33.16 performed on Saturdays, Sundays, holidays, or after regular 33.17 business hours. 33.18 (h) The fee for reinspection of corrections or supplemental 33.19 inspections where an additional trip is necessary may be 33.20 assessed as specified in subdivision 8. 33.21 (i) The board may retain the inspection fee when an owner, 33.22 operator, or appointed representative of a transitory enterprise 33.23 fails to notify the board at least 48 hours in advance of a 33.24 scheduled inspection that is canceled. 33.25 Subd. 12. [HANDLING FEE.] The handling fee to pay the cost 33.26 of printing and handling of the form requesting an inspection is 33.27 $1. 33.28 Subd. 13. [NATIONAL ELECTRICAL CODE USED FOR 33.29 INTERPRETATION OF PROVISIONS.] For purposes of interpretation of 33.30 this section and Minnesota Rules, chapter 3800, the most 33.31 recently adopted edition of the National Electrical Code shall 33.32 be prima facie evidence of the definitions, interpretations, and 33.33 scope of words and terms used. 33.34 Sec. 22. [462A.34] [NURSING HOME FACILITY CONVERSION LOAN 33.35 PROGRAM.] 33.36 Subdivision 1. [CREATION.] The nursing home facility 34.1 conversion loan program is created to be administered by the 34.2 commissioner. The nursing home facility conversion revolving 34.3 loan fund account is created in the housing development fund. 34.4 The commissioner may make loans to nursing home facilities from 34.5 the nursing home facility conversion revolving loan fund account 34.6 for capital and other costs including, but not limited to, 34.7 start-up and training costs, related to the conversion of a 34.8 nursing home facility to an assisted-living facility or other 34.9 living alternatives to nursing home facility care. The 34.10 commissioner must seek the advisory recommendation of the 34.11 interagency committee created by section 144A.31 before making a 34.12 loan under this section. 34.13 A loan may not be used to expand a current building except: 34.14 (1) for additional space required to accommodate related 34.15 supportive services, such as dining rooms, kitchen and 34.16 recreation areas, or other community use areas; or 34.17 (2) if new construction of assisted living units, which 34.18 would expand parameters of the existing building, is more cost 34.19 effective than the conversion of existing space. 34.20 A facility seeking expansion must agree that a specified number 34.21 of existing nursing facility beds will not continue to be 34.22 licensed. 34.23 The commissioner shall establish an application process for 34.24 loans which may utilize other application processes administered 34.25 by the commissioner. Denial of approval of an application in 34.26 one year does not preclude submission of an application in a 34.27 subsequent year. 34.28 Subd. 2. [ELIGIBILITY.] A nursing home facility that is 34.29 currently enrolled as a nursing home facility provider with the 34.30 Medicaid program is eligible to apply for a nursing home 34.31 facility conversion loan. 34.32 Subd. 3. [LOAN PREFERENCE.] Loan applications must be 34.33 considered in the following descending order of priority: 34.34 (1) nursing home facility conversion of all beds; 34.35 (2) nursing home facility partial conversion of beds; and 34.36 (3) nursing home facility for conversion to other 35.1 alternatives to nursing home facility care. 35.2 Subd. 4. [LOAN TERMS.] Loans may be made at market rates 35.3 or below market rates for a term of up to 15 years. Loans shall 35.4 be fully amortized and repayments must be made monthly over the 35.5 term of the loan. Loans shall be secured or unsecured. All 35.6 loan repayments, including interest, must be deposited in the 35.7 nursing home facility conversion revolving loan fund account and 35.8 are appropriated to the commissioner for the purposes of this 35.9 section. 35.10 Subd. 5. [GRANTS.] The commissioner may use money in the 35.11 revolving fund to make grants of up to $100,000 to a facility to 35.12 plan for a project that would be eligible for a loan under this 35.13 section. No more than five grants may be made in a calendar 35.14 year. 35.15 Sec. 23. [INSTRUCTION TO REVISOR.] 35.16 The revisor shall change references in Minnesota Rules from 35.17 Minnesota Rules, part 3800.3810, to Minnesota Statutes, section 35.18 326.2441. 35.19 Sec. 24. [REPEALER.] 35.20 Minnesota Rules, part 3800.3810, is repealed. 35.21 Sec. 25. [EFFECTIVE DATE.] 35.22 Sections 1 and 15 to 19 are effective January 1, 2001. 35.23 Sections 10 and 13 are effective the day following final 35.24 enactment.