2nd Engrossment - 82nd Legislature (2001 - 2002)
Posted on 12/15/2009 12:00 a.m.
1.1 A bill for an act 1.2 relating to state government; reorganizing and 1.3 restructuring certain departments; creating the 1.4 department of workforce and economic development; 1.5 eliminating the department of economic security and 1.6 the department of trade and economic development; 1.7 transferring duties; making technical changes; 1.8 amending Minnesota Statutes 2000, sections 4.045; 1.9 14.03, subdivision 2; 14.3691, subdivision 2; 15.057; 1.10 16C.05, subdivision 3; 116J.011; 116J.035, subdivision 1.11 2; 116J.401; 116M.15, subdivision 1; 216C.10; 256J.08, 1.12 subdivision 52; 268.001; 462A.04, subdivision 1; 1.13 Minnesota Statutes 2001 Supplement, sections 3C.12, 1.14 subdivision 2; 15.01; 15.06, subdivision 1; 15A.0815, 1.15 subdivision 2; 43A.08, subdivision 1a; 116J.01, 1.16 subdivision 5; 116L.04, subdivision 1a; 125A.023, 1.17 subdivision 4; 125A.28; Laws 2001, First Special 1.18 Session chapter 4, article 3, section 1; Laws 2001, 1.19 First Special Session chapter 4, article 3, section 2, 1.20 subdivision 1; Laws 2001, First Special Session 1.21 chapter 4, article 3, section 3; proposing coding for 1.22 new law in Minnesota Statutes, chapter 116J; repealing 1.23 Minnesota Statutes 2000, sections 268.0111, 1.24 subdivisions 1, 2, 3a; 268.0121, subdivisions 1, 2; 1.25 268.0122, subdivisions 5, 6; 268.014; Minnesota 1.26 Statutes 2001 Supplement, sections 268.0122, 1.27 subdivisions 2, 3; 268.029. 1.28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.29 Section 1. Minnesota Statutes 2001 Supplement, section 1.30 3C.12, subdivision 2, is amended to read: 1.31 Subd. 2. [FREE DISTRIBUTION.] The revisor shall distribute 1.32 without charge copies of each edition of Minnesota Statutes, 1.33 supplements to Minnesota Statutes, and Laws of Minnesota to the 1.34 persons or bodies listed in this subdivision. Before 1.35 distributing the copies, the revisor shall inform these persons 1.36 or bodies of the cost of the publication and the availability of 2.1 statutes and session laws on the Internet, and shall ask whether 2.2 their work requires the full number of copies authorized by this 2.3 subdivision. Unless a smaller number is needed, the revisor 2.4 shall distribute: 2.5 (a) 30 copies to the supreme court; 2.6 (b) 30 copies to the court of appeals; 2.7 (c) one copy to each judge of a district court; 2.8 (d) one copy to the court administrator of each district 2.9 court for use in each courtroom of the district court; 2.10 (e) one copy to each judge, district attorney, clerk of 2.11 court of the United States, and deputy clerk of each division of 2.12 the United States district court in Minnesota; 2.13 (f) 100 copies to the office of the attorney general; 2.14 (g) ten copies each to the governor's office, the 2.15 departments of agriculture, corrections, children, families, and 2.16 learning, finance, health, transportation, labor and industry, 2.17economic security,natural resources, public safety, human 2.18 services, revenue, and the pollution control agency; 2.19 (h) two copies each to the lieutenant governor and the 2.20 state treasurer; 2.21 (i) 20 copies each to the departments of administration and 2.22 commerce, state auditor, and legislative auditor; 2.23 (j) one copy each to other state departments, agencies, 2.24 boards, and commissions not specifically named in this 2.25 subdivision; 2.26 (k) one copy to each member of the legislature; 2.27 (l) 150 copies for the use of the senate and 200 copies for 2.28 the use of the house of representatives; 2.29 (m) 50 copies to the revisor of statutes from which the 2.30 revisor shall send the appropriate number to the Library of 2.31 Congress for copyright and depository purposes; 2.32 (n) four copies to the secretary of the senate; 2.33 (o) four copies to the chief clerk of the house of 2.34 representatives; 2.35 (p) 100 copies to the state law library; 2.36 (q) 100 copies to the law school of the University of 3.1 Minnesota; 3.2 (r) five copies each to the Minnesota historical society 3.3 and the secretary of state; 3.4 (s) one copy each to the public library of the largest 3.5 municipality of each county if the library is not otherwise 3.6 eligible to receive a free copy under this section or section 3.7 15.18; and 3.8 (t) one copy to each county library maintained pursuant to 3.9 chapter 134, except in counties containing cities of the first 3.10 class. If a county has not established a county library 3.11 pursuant to chapter 134, the copy shall be provided to any 3.12 public library in the county. 3.13 Sec. 2. Minnesota Statutes 2000, section 4.045, is amended 3.14 to read: 3.15 4.045 [CHILDREN'S CABINET.] 3.16 The children's cabinet shall consist of the commissioners 3.17 of children, families, and learning, human services,economic3.18security,public safety, corrections, finance, health, 3.19 administration, housing finance agency, and transportation, and 3.20 the director of the office of strategic and long-range planning. 3.21 The governor shall designate one member to serve as cabinet 3.22 chair. The chair is responsible for ensuring that the duties of 3.23 the children's cabinet are performed. 3.24 Sec. 3. Minnesota Statutes 2000, section 14.03, 3.25 subdivision 2, is amended to read: 3.26 Subd. 2. [CONTESTED CASE PROCEDURES.] The contested case 3.27 procedures of the Administrative Procedure Act provided in 3.28 sections 14.57 to 14.69 do not apply to (a) the Minnesota 3.29 municipal board, (b) the commissioner of corrections, (c) the 3.30 unemployment insurance benefits programand the social security3.31disability determination program in the department of economic3.32securityin the department of workforce and economic 3.33 development, (d) the commissioner of mediation services, (e) the 3.34 workers' compensation division and the social security 3.35 disability determination program in the department of labor and 3.36 industry, (f) the workers' compensation court of appeals, or (g) 4.1 the board of pardons. 4.2 Sec. 4. Minnesota Statutes 2000, section 14.3691, 4.3 subdivision 2, is amended to read: 4.4 Subd. 2. [SCHEDULE.] (a) Rules of the administration 4.5 department, agriculture department, children, families, and 4.6 learning department, commerce department, corrections 4.7 department,economic security department,employee relations 4.8 department, and health department will be reviewed before and 4.9 during the legislative session in 2002. Policies and procedures 4.10 of the board of trustees of the Minnesota state colleges and 4.11 universities that would be rules if they were not exempt from 4.12 chapter 14 will be reviewed before and during the legislative 4.13 session in 2002. 4.14 (b) Rules of the environmental assistance office, board of 4.15 teaching, housing finance agency, human rights department, human 4.16 services department, labor and industry department, and 4.17 mediation services bureau will be reviewed before and during the 4.18 legislative session in 2003. 4.19 (c) Rules of the natural resources department, pollution 4.20 control agency, public safety department, public service 4.21 department, and revenue department will be reviewed before and 4.22 during the legislative session in 2004. 4.23 (d) Rules of the state planning agency,tradeworkforce and 4.24 economic development department, transportation department, and 4.25 veterans affairs department will be reviewed before and during 4.26 the legislative session in 2005. 4.27 Sec. 5. Minnesota Statutes 2001 Supplement, section 15.01, 4.28 is amended to read: 4.29 15.01 [DEPARTMENTS OF THE STATE.] 4.30 The following agencies are designated as the departments of 4.31 the state government: the department of administration; the 4.32 department of agriculture; the department of commerce; the 4.33 department of corrections; the department of children, families, 4.34 and learning;the department of economic security;the 4.35 department oftradeworkforce and economic development; the 4.36 department of finance; the department of health; the department 5.1 of human rights; the department of labor and industry; the 5.2 department of military affairs; the department of natural 5.3 resources; the department of employee relations; the department 5.4 of public safety; the department of human services; the 5.5 department of revenue; the department of transportation; the 5.6 department of veterans affairs; and their successor departments. 5.7 Sec. 6. Minnesota Statutes 2000, section 15.057, is 5.8 amended to read: 5.9 15.057 [PUBLICITY REPRESENTATIVES.] 5.10 No state department, bureau, or division, whether the same 5.11 operates on funds appropriated or receipts or fees of any nature 5.12 whatsoever, except the department of transportation, the 5.13 department oftradeworkforce and economic development, the game 5.14 and fish division,the department of economic security,and the 5.15 state agricultural society shall use any of such funds for the 5.16 payment of the salary or expenses of a publicity 5.17 representative. The head of any such department, bureau, or 5.18 division shall be personally liable for funds used contrary to 5.19 this provision. This section shall not be construed, however, 5.20 as preventing any such department, bureau, or division from 5.21 sending out any bulletins or other publicity required by any 5.22 state law or necessary for the satisfactory conduct of the 5.23 business for which such department, bureau, or division was 5.24 created. 5.25 Sec. 7. Minnesota Statutes 2001 Supplement, section 15.06, 5.26 subdivision 1, is amended to read: 5.27 Subdivision 1. [APPLICABILITY.] This section applies to 5.28 the following departments or agencies: the departments of 5.29 administration, agriculture, commerce, corrections,economic5.30security,children, families, and learning, employee relations, 5.31tradeworkforce and economic development, finance, health, human 5.32 rights, labor and industry, natural resources, public safety, 5.33 human services, revenue, transportation, and veterans affairs; 5.34 the housing finance and pollution control agencies; the office 5.35 of commissioner of iron range resources and rehabilitation; the 5.36 bureau of mediation services; and their successor departments 6.1 and agencies. The heads of the foregoing departments or 6.2 agencies are "commissioners." 6.3 Sec. 8. Minnesota Statutes 2001 Supplement, section 6.4 15A.0815, subdivision 2, is amended to read: 6.5 Subd. 2. [GROUP I SALARY LIMITS.] The salaries for 6.6 positions in this subdivision may not exceed 95 percent of the 6.7 salary of the governor: 6.8 Commissioner of administration; 6.9 Commissioner of agriculture; 6.10 Commissioner of children, families, and learning; 6.11 Commissioner of commerce; 6.12 Commissioner of corrections; 6.13Commissioner of economic security;6.14 Commissioner of employee relations; 6.15 Commissioner of finance; 6.16 Commissioner of health; 6.17 Executive director, higher education services office; 6.18 Commissioner, housing finance agency; 6.19 Commissioner of human rights; 6.20 Commissioner of human services; 6.21 Executive director, state board of investment; 6.22 Commissioner of labor and industry; 6.23 Commissioner of natural resources; 6.24 Director of office of strategic and long-range planning; 6.25 Commissioner, pollution control agency; 6.26 Commissioner of public safety; 6.27 Commissioner of revenue; 6.28Commissioner of trade and economic development;6.29 Commissioner of transportation;and6.30 Commissioner of veterans affairs; and 6.31 Commissioner of workforce and economic development. 6.32 Sec. 9. Minnesota Statutes 2000, section 16C.05, 6.33 subdivision 3, is amended to read: 6.34 Subd. 3. [EXCEPTION.] The requirements of subdivision 2 do 6.35 not apply to contracts of the department of workforce and 6.36 economicsecuritydevelopment distributing state and federal 7.1 funds for the purpose of subcontracting the provision of program 7.2 services to eligible recipients. For these contracts, the 7.3 commissioner of workforce and economicsecuritydevelopment is 7.4 authorized to directly enter into agency contracts and encumber 7.5 available funds. For contracts distributing state or federal 7.6 funds pursuant to the federal Economic Dislocation and Worker 7.7 Adjustment Assistance Act, United States Code, title 29, section 7.8 1651 et seq., orsections 268.9771, 268.978, 268.9781, and7.9268.9782section 116L.17, thecommissioner of economic7.10securityjob skills partnership board is authorized to directly 7.11 enter into agency contracts with approval of the workforce 7.12 development council and encumber available funds to ensure a 7.13 rapid response to the needs of dislocated workers. The 7.14 commissioner of workforce and economicsecuritydevelopment 7.15 shall adopt internal procedures to administer and monitor funds 7.16 distributed under these contracts. This exception also applies 7.17 to any contracts entered into by the commissioner of children, 7.18 families, and learning and the jobs skills partnership board 7.19 that were previously entered into by the commissioner of 7.20 economic security. 7.21 Sec. 10. Minnesota Statutes 2001 Supplement, section 7.22 43A.08, subdivision 1a, is amended to read: 7.23 Subd. 1a. [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing 7.24 authorities for the following agencies may designate additional 7.25 unclassified positions according to this subdivision: the 7.26 departments of administration; agriculture; commerce; 7.27 corrections;economic security;children, families, and 7.28 learning; employee relations;tradeworkforce and economic 7.29 development; finance; health; human rights; labor and industry; 7.30 natural resources; public safety; human services; revenue; 7.31 transportation; and veterans affairs; the housing finance and 7.32 pollution control agencies; the state lottery; the state board 7.33 of investment; the office of administrative hearings; the office 7.34 of environmental assistance; the offices of the attorney 7.35 general, secretary of state, state auditor, and state treasurer; 7.36 the Minnesota state colleges and universities; the higher 8.1 education services office; the Perpich center for arts 8.2 education; and the Minnesota zoological board. 8.3 A position designated by an appointing authority according 8.4 to this subdivision must meet the following standards and 8.5 criteria: 8.6 (1) the designation of the position would not be contrary 8.7 to other law relating specifically to that agency; 8.8 (2) the person occupying the position would report directly 8.9 to the agency head or deputy agency head and would be designated 8.10 as part of the agency head's management team; 8.11 (3) the duties of the position would involve significant 8.12 discretion and substantial involvement in the development, 8.13 interpretation, and implementation of agency policy; 8.14 (4) the duties of the position would not require primarily 8.15 personnel, accounting, or other technical expertise where 8.16 continuity in the position would be important; 8.17 (5) there would be a need for the person occupying the 8.18 position to be accountable to, loyal to, and compatible with, 8.19 the governor and the agency head, the employing statutory board 8.20 or commission, or the employing constitutional officer; 8.21 (6) the position would be at the level of division or 8.22 bureau director or assistant to the agency head; and 8.23 (7) the commissioner has approved the designation as being 8.24 consistent with the standards and criteria in this subdivision. 8.25 Sec. 11. Minnesota Statutes 2001 Supplement, section 8.26 116J.01, subdivision 5, is amended to read: 8.27 Subd. 5. [DEPARTMENTAL ORGANIZATION.] (a) The commissioner 8.28 shall organize the department as provided in section 15.06. 8.29 (b) The commissioner may establish divisions and offices 8.30 within the department. The commissioner may employfourtwo 8.31 deputy commissioners in the unclassified service.One deputy8.32must direct the Minnesota trade office and must be experienced8.33and knowledgeable in matters of international trade. One must8.34direct the office of tourism and be knowledgeable in matters of8.35tourism.8.36 (c) The commissioner shall: 9.1 (1) employ assistants and other officers, employees, and 9.2 agents that the commissioner considers necessary to discharge 9.3 the functions of the commissioner's office; 9.4 (2) define the duties of the officers, employees, and 9.5 agents, and delegate to them any of the commissioner's powers, 9.6 duties, and responsibilities, subject to the commissioner's 9.7 control and under conditions prescribed by the commissioner. 9.8 (d) The commissioner shall ensure that there are at least 9.9 threetradeworkforce and economic development officers in state 9.10 offices in nonmetropolitan areas of the state who will work with 9.11 local units of government on developing local trade and economic 9.12 development. 9.13 Sec. 12. Minnesota Statutes 2000, section 116J.011, is 9.14 amended to read: 9.15 116J.011 [MISSION.] 9.16 The mission of the department of trade and economic 9.17 development is to employ all of the available state government 9.18 resources to facilitate an economic environment that produces 9.19 net new job growth in excess of the national averageand, to 9.20 increase nonresident and resident tourism revenues, and to 9.21 increase the economic independence of Minnesotans with special 9.22 effort toward those who are currently unemployed or who face 9.23 special disadvantages in the labor market. The department shall 9.24 develop employment policies and link training and 9.25 employment-related services with temporary income replacement 9.26 and income maintenance programs, veterans' programs, workers' 9.27 compensation, vocational and post-secondary education, federal 9.28 income insurance programs, and economic development programs. 9.29 It is part of the department's mission that within the 9.30 department's resources the commissioner shall endeavor to: 9.31 (1) prevent the waste or unnecessary spending of public 9.32 money; 9.33 (2) use innovative fiscal and human resource practices to 9.34 manage the state's resources and operate the department as 9.35 efficiently as possible; 9.36 (3) coordinate the department's activities wherever 10.1 appropriate with the activities of other governmental agencies; 10.2 (4) use technology where appropriate to increase agency 10.3 productivity, improve customer service, increase public access 10.4 to information about government, and increase public 10.5 participation in the business of government; 10.6 (5) utilize constructive and cooperative labor-management 10.7 practices to the extent otherwise required by chapters 43A and 10.8 179A; 10.9 (6) report to the legislature on the performance of agency 10.10 operations and the accomplishment of agency goals in the 10.11 agency's biennial budget according to section 16A.10, 10.12 subdivision 1; and 10.13 (7) recommend to the legislature appropriate changes in law 10.14 necessary to carry out the mission and improve the performance 10.15 of the department. 10.16 Sec. 13. [116J.013] [STATE SERVICES FOR THE BLIND; 10.17 AUTONOMY.] 10.18 State services for the blind shall operate autonomously as 10.19 a division in the department of workforce and economic 10.20 development under the management of an assistant commissioner, 10.21 but subject to the authority of the commissioner to manage the 10.22 department. The commissioner of the workforce and economic 10.23 development department must negotiate a charter with the 10.24 assistant commissioner for state services for the blind and the 10.25 rehabilitation advisory council for the blind to autonomously 10.26 carry out the duties as provided in chapter 248. The 10.27 negotiations must include substantial input from blind and 10.28 visually handicapped individuals. The charter must, at a 10.29 minimum, include: 10.30 (1) a clearly defined mission that can be easily understood 10.31 by the general public; 10.32 (2) a four-year strategic plan with measurable goals that 10.33 matter to citizens; 10.34 (3) a set of key performance indicators or measures such as 10.35 quality, financial, efficiency, productivity, and customer 10.36 service standards; 11.1 (4) an annual operating plan with specific performance 11.2 targets for the key measures; and 11.3 (5) a plan for flexibility in finance, human resources, 11.4 purchasing, and other administrative processes. 11.5 [EFFECTIVE DATE.] This section is effective July 1, 2003. 11.6 Sec. 14. Minnesota Statutes 2000, section 116J.035, 11.7 subdivision 2, is amended to read: 11.8 Subd. 2. [RULES.] The commissioner may adopt rules 11.9 pursuant to chapter 14 as necessary to carry out the 11.10 commissioner's duties and responsibilities pursuant to this 11.11 chapter. The commissioner may make rules to carry out section 11.12 256J.51. 11.13 Sec. 15. Minnesota Statutes 2000, section 116J.401, is 11.14 amended to read: 11.15 116J.401 [POWERS AND DUTIES.] 11.16 The commissioner of trade and economic development shall: 11.17 (1) provide regional development commissions, the 11.18 metropolitan council, and units of local government with 11.19 information, technical assistance, training, and advice on using 11.20 federal and state programs; 11.21 (2) receive and administer the Small Cities Community 11.22 Development Block Grant Program authorized by Congress under the 11.23 Housing and Community Development Act of 1974, as amended; 11.24 (3) receive and administer the section 107 technical 11.25 assistance program grants authorized by Congress under the 11.26 Housing and Community Development Act of 1974, as amended; 11.27 (4) receive and administer grants for the Minnesota jail 11.28 resource center authorized by Congress under the Juvenile 11.29 Justice and Delinquency Prevention Act of 1974, as amended; 11.30 (5) receive and administer other state and federal grants 11.31 and grant programs for planning, community affairs, community 11.32 development purposes, and other state and federal programs 11.33 assigned to the department by law or by the governor in 11.34 accordance with section 4.07;and11.35 (6) receive applications for state and federal grants and 11.36 grant programs for planning, community affairs, and community 12.1 development purposes, and other state and federal programs 12.2 assigned to the department by law or by the governor in 12.3 accordance with section 4.07.; 12.4 (7) administer and supervise all forms of unemployment 12.5 benefits provided for under federal and state laws that are 12.6 vested in the commissioner, including making investigations and 12.7 audits, securing and transmitting information, and making 12.8 available services and facilities as the commissioner considers 12.9 necessary or appropriate to facilitate the administration of any 12.10 other states, or federal unemployment insurance program, and 12.11 accept and use information, services, and facilities made 12.12 available by other states or the federal government; 12.13 (8) administer and supervise all employment and training 12.14 services assigned to the department under federal or state law; 12.15 (9) review and comment on local service unit plans and 12.16 community investment program plans and approve or disapprove the 12.17 plans; 12.18 (10) establish and maintain administrative units necessary 12.19 to perform administrative functions common to all divisions of 12.20 the department; 12.21 (11) supervise the county boards of commissioners, local 12.22 service units, and any other units of government designated in 12.23 federal or state law as responsible for employment and training 12.24 programs; 12.25 (12) establish administrative standards and payment 12.26 conditions for providers of employment and training services; 12.27 (13) act as the agent of, and cooperate with, the federal 12.28 government in matters of mutual concern, including the 12.29 administration of any federal funds granted to the state to aid 12.30 in the performance of functions of the commissioner; 12.31 (14) obtain reports from local service units and service 12.32 providers for the purpose of evaluating the performance of 12.33 employment and training services; 12.34 (15) review and comment on plans for Indian tribe 12.35 employment and training services and approve or disapprove the 12.36 plans; 13.1 (16) require all general employment and training programs 13.2 that receive state funds to make available information about 13.3 opportunities for women in nontraditional careers in the trades 13.4 and technical occupations; 13.5 (17) administer the unemployment insurance program and 13.6 related programs; 13.7 (18) administer the aspects of the Minnesota family 13.8 investment program, general assistance, and food stamps that 13.9 relate to employment and training services, subject to the 13.10 contract under section 268.86, subdivision 2; 13.11 (19) administer a national system of public employment 13.12 offices as prescribed by United States Code, title 29, chapter 13.13 4B, the Wagner-Peyser Act, and other federal employment and 13.14 training programs; 13.15 (20) cooperate with the federal government and its 13.16 employment and training agencies in any reasonable manner as 13.17 necessary to qualify for federal aid for employment and training 13.18 services and money; 13.19 (21) enter into agreements with other departments of the 13.20 state and local units of government as necessary; 13.21 (22) as requested, certify employment and training 13.22 services, and decertify services that fail to comply with 13.23 performance criteria according to standards established by the 13.24 commissioner; 13.25 (23) provide consistent, integrated employment and training 13.26 services across the state; 13.27 (24) maintain close liaison, coordination, and cooperation 13.28 with any other state agency involved in employment issues 13.29 affecting the state; 13.30 (25) establish the standards for all employment and 13.31 training services administered under this chapter; 13.32 (26) develop standards for the contents and structure of 13.33 the local service unit plans and plans for Indian tribe 13.34 employment and training services; 13.35 (27) provide current state and substate labor market 13.36 information and forecasts, in cooperation with other agencies; 14.1 (28) identify underserved populations, unmet service needs, 14.2 and funding requirements; 14.3 (29) consult with the council for the blind on matters 14.4 pertaining to programs and services for the blind and visually 14.5 impaired; and 14.6 (30) enter into agreements with Indian tribes as necessary 14.7 to provide employment and training services as funds become 14.8 available. 14.9 Sec. 16. [116J.996] [MINNESOTA ECONOMIC LEADERSHIP TEAM.] 14.10 Subdivision 1. [MEMBERSHIP.] The Minnesota economic 14.11 leadership team consists of 17 members as follows: 14.12 (1) the governor, who shall serve as chair of the team; 14.13 (2) four members of statewide business groups, two of whom 14.14 must be from executive leadership and two of whom must be chosen 14.15 by general membership, and at least one of whom must be from a 14.16 business with less than 50 employees; 14.17 (3) three representatives of education, including one 14.18 member from the leadership of the University of Minnesota, one 14.19 member from the leadership of Minnesota state colleges and 14.20 universities, and one from the K-12 system who has the 14.21 endorsement of the Minnesota school boards association; 14.22 (4) three labor representatives, including two chosen from 14.23 executive leadership of major statewide labor unions and one 14.24 member from general membership of a smaller labor union; 14.25 (5) two representatives of the nonprofit sector, who shall 14.26 be from executive leadership; 14.27 (6) two representatives of regional leadership, including 14.28 one representative of greater Minnesota and one representative 14.29 of the seven-county metropolitan area, one of whom must be a 14.30 local elected official and one of whom must represent a local 14.31 economic development authority; and 14.32 (7) two at-large members representing traditionally 14.33 underrepresented communities, including communities of color, 14.34 tribal organizations, and low-income individuals. 14.35 Subd. 2. [RESPONSIBILITIES.] The Minnesota economic 14.36 leadership team shall: 15.1 (1) develop and continually update a strategic vision for 15.2 the state economy; 15.3 (2) review regional plans in the context of statewide 15.4 economic priorities; 15.5 (3) define and monitor a set of strategic economic 15.6 indicators designed to assess the overall economic health of the 15.7 state; 15.8 (4) establish performance targets to be met for its 15.9 indicators; 15.10 (5) provide direction to the governor, agency 15.11 commissioners, and other governing boards regarding their role 15.12 in the implementation of the strategic vision; 15.13 (6) advise private and nonprofit organizations on how they 15.14 may contribute toward achieving the team's vision of economic 15.15 vitality in the state; and 15.16 (7) produce a regular report that outlines the current 15.17 strategic vision and documents the state's progress to date on 15.18 the established indicators. 15.19 Subd. 3. [APPOINTMENTS.] The governor shall appoint 15.20 members of the Minnesota economic leadership team, subject to 15.21 the advice and consent of the senate. 15.22 Subd. 4. [TERMS.] Terms, compensation, removal of members, 15.23 and filling of vacancies is as provided by section 15.0575. 15.24 Subd. 5. [EXECUTIVE DIRECTOR AND STAFF.] The commissioner 15.25 of the department of workforce and economic development shall 15.26 serve as executive director of the team. The executive director 15.27 may appoint staff with the advice and consent of the team. To 15.28 the extent possible, staff shall be drawn from existing agencies. 15.29 Subd. 6. [MEETINGS.] The team shall meet at least four 15.30 times in each calendar year. 15.31 Sec. 17. Minnesota Statutes 2001 Supplement, section 15.32 116L.04, subdivision 1a, is amended to read: 15.33 Subd. 1a. [PATHWAYS PROGRAM.] The pathways program may 15.34 provide grants-in-aid for developing programs which assist in 15.35 the transition of persons from welfare to work and assist 15.36 individuals at or below 200 percent of the federal poverty 16.1 guidelines. The program is to be operated by the board. The 16.2 board shall consult and coordinate with program administrators 16.3 at the department of workforce and economicsecuritydevelopment 16.4 to design and provide services for temporary assistance for 16.5 needy families recipients. 16.6 Pathways grants-in-aid may be awarded to educational or 16.7 other nonprofit training institutions for education and training 16.8 programs and services supporting education and training programs 16.9 that serve eligible recipients. 16.10 Preference shall be given to projects that: 16.11 (1) provide employment with benefits paid to employees; 16.12 (2) provide employment where there are defined career paths 16.13 for trainees; 16.14 (3) pilot the development of an educational pathway that 16.15 can be used on a continuing basis for transitioning persons from 16.16 welfare to work; and 16.17 (4) demonstrate the active participation ofdepartment of16.18economic securityworkforce centers, Minnesota state college and 16.19 university institutions and other educational institutions, and 16.20 local welfare agencies. 16.21 Pathways projects must demonstrate the active involvement 16.22 and financial commitment of private business. Pathways projects 16.23 must be matched with cash or in-kind contributions on at least a 16.24 one-to-one ratio by participating private business. 16.25 A single grant to any one institution shall not exceed 16.26 $400,000. 16.27 The board shall annually, by March 31, report to the 16.28commissioners of economic security and trade and economic16.29developmentcommissioner of workforce and economic development 16.30 on pathways programs, including the number of recipients 16.31 participating in the program, the number of participants placed 16.32 in employment, the salary and benefits they receive, and the 16.33 state program costs per participant. 16.34 Sec. 18. Minnesota Statutes 2000, section 116M.15, 16.35 subdivision 1, is amended to read: 16.36 Subdivision 1. [CREATION; MEMBERSHIP.] The urban 17.1 initiative board is created and consists of thecommissioners of17.2trade and economic development and economic17.3securitycommissioner of workforce and economic development, the 17.4 chair of the metropolitan council, and eight members from the 17.5 general public appointed by the governor. Six of the public 17.6 members must be representatives from minority business 17.7 enterprises. No more than four of the public members may be of 17.8 one gender. All public members must be experienced in business 17.9 or economic development. 17.10 Sec. 19. Minnesota Statutes 2001 Supplement, section 17.11 125A.023, subdivision 4, is amended to read: 17.12 Subd. 4. [STATE INTERAGENCY COMMITTEE.] (a) The governor 17.13 shall convene a 19-member interagency committee to develop and 17.14 implement a coordinated, multidisciplinary, interagency 17.15 intervention service system for children ages three to 21 with 17.16 disabilities. The commissioners of commerce, children, 17.17 families, and learning, health, human rights, human 17.18 services, workforce and economicsecuritydevelopment, and 17.19 corrections shall each appoint two committee members from their 17.20 departments; the association of Minnesota counties shall appoint 17.21 two county representatives, one of whom must be an elected 17.22 official, as committee members; and the Minnesota school boards 17.23 association, the Minnesota administrators of special education, 17.24 and the school nurse association of Minnesota shall each appoint 17.25 one committee member. The committee shall select a chair from 17.26 among its members. 17.27 (b) The committee shall: 17.28 (1) identify and assist in removing state and federal 17.29 barriers to local coordination of services provided to children 17.30 with disabilities; 17.31 (2) identify adequate, equitable, and flexible funding 17.32 sources to streamline these services; 17.33 (3) develop guidelines for implementing policies that 17.34 ensure a comprehensive and coordinated system of all state and 17.35 local agency services, including multidisciplinary assessment 17.36 practices for children with disabilities ages three to 21; 18.1 (4) develop, consistent with federal law, a standardized 18.2 written plan for providing services to a child with 18.3 disabilities; 18.4 (5) identify how current systems for dispute resolution can 18.5 be coordinated and develop guidelines for that coordination; 18.6 (6) develop an evaluation process to measure the success of 18.7 state and local interagency efforts in improving the quality and 18.8 coordination of services to children with disabilities ages 18.9 three to 21; 18.10 (7) develop guidelines to assist the governing boards of 18.11 the interagency early intervention committees in carrying out 18.12 the duties assigned in section 125A.027, subdivision 1, 18.13 paragraph (b); and 18.14 (8) carry out other duties necessary to develop and 18.15 implement within communities a coordinated, multidisciplinary, 18.16 interagency intervention service system for children with 18.17 disabilities. 18.18 (c) The committee shall consult on an ongoing basis with 18.19 the state education advisory committee for special education and 18.20 the governor's interagency coordinating council in carrying out 18.21 its duties under this section, including assisting the governing 18.22 boards of the interagency early intervention committees. 18.23 Sec. 20. Minnesota Statutes 2001 Supplement, section 18.24 125A.28, is amended to read: 18.25 125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.] 18.26 An interagency coordinating council of at least 17, but not 18.27 more than 25 members is established, in compliance with Public 18.28 Law Number 102-119, section 682. The members must be appointed 18.29 by the governor. Council members must elect the council chair. 18.30 The representative of the commissioner may not serve as the 18.31 chair. The council must be composed of at least five parents, 18.32 including persons of color, of children with disabilities under 18.33 age 12, including at least three parents of a child with a 18.34 disability under age seven, five representatives of public or 18.35 private providers of services for children with disabilities 18.36 under age five, including a special education director, county 19.1 social service director, local Head Start director, and a 19.2 community health services or public health nursing 19.3 administrator, one member of the senate, one member of the house 19.4 of representatives, one representative of teacher preparation 19.5 programs in early childhood-special education or other 19.6 preparation programs in early childhood intervention, at least 19.7 one representative of advocacy organizations for children with 19.8 disabilities under age five, one physician who cares for young 19.9 children with special health care needs, one representative each 19.10 from the commissioners of commerce, children, families, and 19.11 learning, health, human services, a representative from the 19.12 state agency responsible for child care, and a representative 19.13 from Indian health services or a tribal council. Section 19.14 15.059, subdivisions 2 to 5, apply to the council. The council 19.15 must meet at least quarterly. 19.16 The council must address methods of implementing the state 19.17 policy of developing and implementing comprehensive, 19.18 coordinated, multidisciplinary interagency programs of early 19.19 intervention services for children with disabilities and their 19.20 families. 19.21 The duties of the council include recommending policies to 19.22 ensure a comprehensive and coordinated system of all state and 19.23 local agency services for children under age five with 19.24 disabilities and their families. The policies must address how 19.25 to incorporate each agency's services into a unified state and 19.26 local system of multidisciplinary assessment practices, 19.27 individual intervention plans, comprehensive systems to find 19.28 children in need of services, methods to improve public 19.29 awareness, and assistance in determining the role of interagency 19.30 early intervention committees. 19.31 By September 1, the council must recommend to the governor 19.32 and the commissioners of children, families, and learning, 19.33 health, human services, commerce, and workforce and economic 19.34securitydevelopment policies for a comprehensive and 19.35 coordinated system. 19.36 Notwithstanding any other law to the contrary, the state 20.1 interagency coordinating council expires on June 30, 2003. 20.2 Sec. 21. Minnesota Statutes 2000, section 216C.10, is 20.3 amended to read: 20.4 216C.10 [COMMISSIONER POWERS.] 20.5 (a) The commissioner may: 20.6 (1) adopt rules under chapter 14 as necessary to carry out 20.7 the purposes of sections 216C.05 to 216C.30; 20.8 (2) make all contracts under sections 216C.05 to 216C.30 20.9 and do all things necessary to cooperate with the United States 20.10 government, and to qualify for, accept, and disburse any grant 20.11 intended for the administration of sections 216C.05 to 216C.30; 20.12 (3) provide on-site technical assistance to units of local 20.13 government in order to enhance local capabilities for dealing 20.14 with energy problems; 20.15 (4) administer for the state, energy programs under federal 20.16 law, regulations, or guidelines,except for the low-income home20.17energy assistance program and low-income weatherization programs20.18administered by the department of economic security,and 20.19 coordinate the programs and activities with other state 20.20 agencies, units of local government, and educational 20.21 institutions; 20.22 (5) develop a state energy investment plan with yearly 20.23 energy conservation and alternative energy development goals, 20.24 investment targets, and marketing strategies; 20.25 (6) perform market analysis studies relating to 20.26 conservation, alternative and renewable energy resources, and 20.27 energy recovery; 20.28 (7) assist with the preparation of proposals for innovative 20.29 conservation, renewable, alternative, or energy recovery 20.30 projects; 20.31 (8) manage and disburse funds made available for the 20.32 purpose of research studies or demonstration projects related to 20.33 energy conservation or other activities deemed appropriate by 20.34 the commissioner; 20.35 (9) intervene in certificate of need proceedings before the 20.36 public utilities commission; 21.1 (10) collect fees from recipients of loans, grants, or 21.2 other financial aid from money received from litigation or 21.3 settlement of alleged violations of federal petroleum pricing 21.4 regulations, which fees must be used to pay the department's 21.5 costs in administering those financial aids; and 21.6 (11) collect fees from proposers and operators of 21.7 conservation and other energy-related programs that are 21.8 reviewed, evaluated, or approved by the department, other than 21.9 proposers that are political subdivisions or community or 21.10 nonprofit organizations, to cover the department's cost in 21.11 making the reviewal, evaluation, or approval and in developing 21.12 additional programs for others to operate. 21.13 (b) Notwithstanding any other law, the commissioner is 21.14 designated the state agent to apply for, receive, and accept 21.15 federal or other funds made available to the state for the 21.16 purposes of sections 216C.05 to 216C.30. 21.17 Sec. 22. Minnesota Statutes 2000, section 256J.08, 21.18 subdivision 52, is amended to read: 21.19 Subd. 52. [LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM OR 21.20 LIHEAP.] "Low-income home energy assistance program" or "LIHEAP" 21.21 means the program authorized under United States Code, title 42, 21.22 chapter 94, subchapter II, sections 8621 to 8629, and 21.23 administered by the Minnesota department ofeconomic21.24securitycommerce. 21.25 Sec. 23. Minnesota Statutes 2000, section 268.001, is 21.26 amended to read: 21.27 268.001 [CITATION;ECONOMIC SECURITYUNEMPLOYMENT INSURANCE 21.28 LAW.] 21.29 This chapter shall be known and may be cited as the 21.30 "MinnesotaEconomic SecurityUnemployment Insurance Law." 21.31 Sec. 24. Minnesota Statutes 2000, section 462A.04, 21.32 subdivision 1, is amended to read: 21.33 Subdivision 1. [CREATION; MEMBERS.] There is created a 21.34 public body corporate and politic to be known as the "Minnesota 21.35 housing finance agency," which shall perform the governmental 21.36 functions and exercise the sovereign powers delegated to it in 22.1 this chapter in furtherance of the public policies and purposes 22.2 declared in section 462A.02. The agency shall consist of the 22.3commissioner of trade and economic development,state auditor,22.4 andfivesix public members appointed by the governor with 22.5 advice and consent of the senate. No more thantwothree public 22.6 members shall reside in the area of jurisdiction of the 22.7 metropolitan council as provided in section 473.123, subdivision 22.8 1, and no more than one public member shall reside in any one of 22.9 the development regions established under the provisions of 22.10 sections 462.381 to 462.396. Each member shall hold office 22.11 until a successor has been appointed and has qualified. At 22.12 least one member shall have private sector business experience. 22.13 A certificate of appointment or reappointment of any member 22.14 shall be conclusive evidence of the due and proper appointment 22.15 of the member. 22.16 Sec. 25. Laws 2001, First Special Session chapter 4, 22.17 article 3, section 1, is amended to read: 22.18 Section 1. [DEPARTMENT OF ECONOMIC SECURITY ABOLISHED.] 22.19 The department of economic security is abolished. 22.20 [EFFECTIVE DATE.] This section is effective July 1, 22.2120022003. 22.22 Sec. 26. Laws 2001, First Special Session chapter 4, 22.23 article 3, section 2, subdivision 1, is amended to read: 22.24 Subdivision 1. [TO DEPARTMENT OF TRADE AND ECONOMIC 22.25 DEVELOPMENT.] The responsibilities of the department of economic 22.26 security performed by its workforce services unit for employment 22.27 transition services, youth services, welfare-to-work services, 22.28 and workforce exchange services are transferred to the 22.29 department of trade and economic development. 22.30 [EFFECTIVE DATE.] This subdivision is effective July 1, 22.3120022003. 22.32 Sec. 27. Laws 2001, First Special Session chapter 4, 22.33 article 3, section 3, is amended to read: 22.34 Sec. 3. [ORGANIZATION OF DEPARTMENT OF TRADE AND ECONOMIC 22.35 DEVELOPMENT.] 22.36 The department of trade and economic development shall have 23.1 a division of economic development consisting of business and 23.2 community development, the Minnesota trade office, tourism 23.3 division, information and analysis division, and administrative 23.4 support. The job skills partnership program shall be housed in 23.5 the department and shall have a policy, research, and evaluation 23.6 unit. The job skills partnership board shall provide 23.7 targeted-worker services to include the dislocated worker 23.8 program and welfare-to-work services formerly located in the 23.9 department of economic security. The board shall have a unit 23.10 providing special programs under a workforce transition services 23.11 unit. 23.12 [EFFECTIVE DATE.] This section is effective July 1, 23.1320022003. 23.14 Sec. 28. [REORGANIZATION POWERS SUSPENDED.] 23.15 Notwithstanding Minnesota Statutes, section 16B.37, the 23.16 commissioner of administration may not issue a reorganization 23.17 order affecting the department of economic security until July 23.18 1, 2003. 23.19 Sec. 29. [DEPARTMENT REORGANIZATION.] 23.20 The department of trade and economic development is renamed 23.21 the department of workforce and economic development. The 23.22 commissioner of administration shall have no authority to 23.23 transfer programs into the department of workforce and economic 23.24 development pursuant to a reorganization order until one year 23.25 after the effective date of this chapter. 23.26 Sec. 30. [TRANSFERS OF RESPONSIBILITY.] 23.27 (a) The responsibilities of the department of economic 23.28 security for the following programs and functions are 23.29 transferred to the department of trade and economic development: 23.30 (1) rehabilitation services, including vocational 23.31 rehabilitation, independent living, and extended employment; 23.32 (2) unemployment insurance; and 23.33 (3) state services for the blind. 23.34 (b) The responsibilities of the department of economic 23.35 security for disability determination services are transferred 23.36 to the department of labor and industry. 24.1 Sec. 31. [EXCEPTION TO ENVIRONMENTAL QUALITY BOARD.] 24.2 Notwithstanding the prohibition of board members to 24.3 delegate their powers and responsibilities as board members in 24.4 Minnesota Statutes 2001 Supplement, section 116C.03, subdivision 24.5 2, the commissioner of trade and economic development may 24.6 appoint a designee to exercise the powers and responsibilities 24.7 of the commissioner on the board. This section expires one year 24.8 from the effective date of the merger between the department of 24.9 trade and economic development and the department of economic 24.10 security. 24.11 Sec. 32. [REPEALER.] 24.12 Minnesota Statutes 2000, sections 268.0111, subdivisions 1, 24.13 2, and 3a; 268.0121, subdivisions 1 and 2; 268.0122, 24.14 subdivisions 5 and 6; and 268.014; and Minnesota Statutes 2001 24.15 Supplement, sections 268.0122, subdivisions 2 and 3; and 24.16 268.029, are repealed. 24.17 Sec. 33. [INSTRUCTION TO REVISOR.] 24.18 The revisor of statutes shall renumber each section of 24.19 Minnesota Statutes listed in column A with the number listed in 24.20 column B. The revisor shall also make necessary cross-reference 24.21 changes consistent with the renumbering. 24.22 Column A Column B 24.23 268.0111, subdivision 4 116J.03, subdivision 4 24.24 268.0111, subdivision 4a 116J.03, subdivision 4a 24.25 268.0111, subdivision 5 116J.03, subdivision 5 24.26 268.0111, subdivision 5a 116J.03, subdivision 5a 24.27 268.0111, subdivision 6 116J.03, subdivision 6 24.28 268.0111, subdivision 7 116J.03, subdivision 7 24.29 268.0111, subdivision 8 116J.03, subdivision 8 24.30 268.0121, subdivision 3 116J.035, subdivision 3 24.31 268.0121, subdivision 4 116J.035, subdivision 4 24.32 268.0121, subdivision 5 116J.035, subdivision 5 24.33 268.0122, subdivision 1 116J.4015 24.34 268.0122, subdivision 4 116J.4016 24.35 268.0122, subdivision 7 116J.4017 24.36 268.0124 116J.4018 25.1 268.0125 116J.4019 25.2 268.022 116J.404 25.3 268.027 116J.405 25.4 268.028 116J.406 25.5 268.26 116J.43 25.6 268.29 116J.440 25.7 268.30 116J.441 25.8 268.361 116J.450 25.9 268.362 116J.451 25.10 268.3625 116J.452 25.11 268.363 116J.453 25.12 268.364 116J.454 25.13 268.365 116J.455 25.14 268.366 116J.456 25.15 268.3661 116J.457 25.16 268.551 116J.460 25.17 268.552 116J.461 25.18 268.56 116J.470 25.19 268.561 116J.471 25.20 268.60 116J.480 25.21 268.61 116J.481 25.22 268.62 116J.482 25.23 268.63 116J.483 25.24 268.64 116J.484 25.25 268.65 116J.485 25.26 268.66 116J.486 25.27 268.665 116J.50 25.28 268.666 116J.51 25.29 268.86 116J.52 25.30 268.871 116J.521 25.31 268.872 116J.522 25.32 268.88 116J.523 25.33 268.881 116J.524 25.34 268.89 116J.53 25.35 268.918 116J.531 25.36 268.95 116J.532 26.1 268.96 116J.533 26.2 Except as otherwise provided by this chapter, in the next 26.3 and subsequent editions of Minnesota Statutes and Minnesota 26.4 Rules, the revisor of statutes shall substitute "workforce and 26.5 economic development" for "trade and economic development" when 26.6 the reference refers to the department or commissioner; and the 26.7 revisor shall substitute "workforce and economic development" 26.8 for "economic security" when the reference refers to that 26.9 department or commissioner. 26.10 Sec. 34. [EFFECTIVE DATE.] 26.11 Sections 1 to 24, 29, 30, 32, and 33 are effective July 1, 26.12 2003. Sections 25 to 28 and 31 are effective the day following 26.13 final enactment.