HF 797

2nd Committee Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/22/2009 12:37 p.m.

1.1A bill for an act 1.2relating to work force development; appropriating money for higher education; 1.3establishing the Minnesota GI Bill program; amending certain Minnesota 1.4Office of Higher Education provisions, establishing new grant and loan 1.5repayment programs; amending higher education programs; amending certain 1.6grant programs; amending certain higher education provisions; eliminating 1.7obsolete references, making technical changes; authorizing control of certain 1.8decreasing students' share of attendance; establishing a college readiness 1.9assessment; increasing revenue bond limits; authorizing control of certain 1.10deposits; authorizing lease agreements; authorizing interest rate swap; providing 1.11for the Textbook Disclosure, Pricing and Access Act; amending certain private 1.12postsecondary institution provisions; appropriating money for jobs and economic 1.13development; amending certain Department of Employment and Economic 1.14Development and the Department of Labor and Industry programs and creating 1.15new programs and grants; establishing the Packinghouse Workers Bill of Rights; 1.16providing for civil actions; providing civil penalties; establishing criminal 1.17penalties; requiring reports; authorizing the increase of certain fees; requiring 1.18assignment of certain inspectors to certain locations; regulating licenses and 1.19wages; requiring certain curriculum for hair braiding at accredited schools; 1.20amending certain licensing provisions; appropriating money for Iron Range 1.21Resources and Rehabilitation Board fund; making certain policy changes 1.22related to Iron Range Resources and Rehabilitation Board; establishing certain 1.23boards; amending certain board provisions;amending Minnesota Statutes 2006, 1.24sections 13.322, subdivision 3; 16B.70, by adding a subdivision; 41D.01, 1.25subdivision 1; 116J.401, by adding a subdivision; 116J.551, subdivision 1; 1.26116J.554, subdivision 2; 116J.555, subdivision 1; 116J.575, subdivisions 1, 1a; 1.27116J.966, subdivision 1; 116L.01, by adding a subdivision; 116L.04, subdivision 1.281a; 116L.17, subdivision 1; 116L.20, subdivision 1; 116M.18, subdivision 1.296a; 120B.023, subdivision 2; 120B.024; 135A.031, subdivision 7; 135A.053, 1.30subdivision 2; 135A.14, subdivision 1; 135A.51, subdivision 2; 135A.52, 1.31subdivisions 1, 2; 136A.01, subdivision 2; 136A.031, subdivision 5; 136A.0411; 1.32136A.08, subdivision 7; 136A.101, subdivision 4; 136A.121, subdivision 5; 1.33136A.125, subdivision 2; 136A.15, subdivisions 1, 6; 136A.233, subdivision 3; 1.34136A.29, subdivision 9; 136A.61; 136A.62, subdivision 3; 136A.63; 136A.64; 1.35136A.65; 136A.653; 136A.657; 136A.66; 136A.67; 136A.68; 136A.69; 1.36136A.71; 136A.861, subdivisions 1, 2, 3, 6; 136F.02, subdivision 1; 136F.42, 1.37subdivision 1; 136F.71, subdivision 2, by adding a subdivision; 136G.11, 1.38subdivision 5; 141.21, subdivisions 1a, 5; 141.25, subdivisions 1, 5, 7, 9, 10, 12; 1.39141.255, subdivision 2; 141.265, subdivision 2; 141.271, subdivisions 10, 12; 2.1141.28, subdivision 1; 141.32; 141.35; 177.27, subdivisions 1, 4, 5, 8, 9, 10, by 2.2adding a subdivision; 177.28, subdivision 1; 177.30; 177.43, subdivisions 3, 4, 2.36, by adding a subdivision; 178.01; 178.02; 178.03, subdivision 3; 178.041, 2.4subdivision 1; 181.78, by adding a subdivision; 181.932, subdivision 1; 181.935; 2.5182.65, subdivision 2; 268.085, subdivision 3; 268.196, by adding a subdivision; 2.6268A.01, subdivision 13, by adding a subdivision; 268A.085, subdivision 1; 2.7268A.15, by adding a subdivision; 298.22, subdivision 2; 298.227; 325E.37, 2.8subdivision 6; 326.01, subdivision 6g; 326.241, subdivisions 1, 2; 326.242, 2.9subdivisions 5, 11, by adding a subdivision; 326.37, subdivision 1; 326.38; 2.10326.40, subdivision 1; 326.401, subdivision 2; 326.405; 326.42, subdivision 1; 2.11326.46; 326.461, by adding a subdivision; 326.47, subdivisions 2, 6; 326.48, 2.12subdivisions 1, 2, by adding a subdivision; 326.50; 326.51; 326.52; 341.28, 2.13subdivision 2, by adding a subdivision; 341.32, subdivision 2; 341.321; 462.39, 2.14by adding a subdivision; proposing coding for new law in Minnesota Statutes, 2.15chapters 116J; 116O; 135A; 136A; 136F; 141; 154; 177; 179; 181; 181A; 182; 2.16197; 270; 326; repealing Minnesota Statutes 2006, sections 16C.18, subdivision 2.172; 135A.031, subdivisions 1, 2, 3, 4, 5, 6; 135A.032; 135A.033; 136A.07; 2.18136A.08, subdivision 8; 137.0245; 137.0246; 326.01, subdivision 4; 326.242, 2.19subdivision 4; 326.45. 2.20BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.21ARTICLE 1 2.22HIGHER EDUCATION APPROPRIATIONS 2.23 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 2.24     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 2.25 new text begin in this article. new text end 2.26 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 2.27 new text begin General new text end new text begin $ new text end new text begin 1,561,498,000 new text end new text begin $ new text end new text begin 1,644,178,000 new text end new text begin $ new text end new text begin 3,205,676,000 new text end 2.28 new text begin Health Care Access new text end new text begin 2,157,000 new text end new text begin 2,157,000 new text end new text begin 4,314,000 new text end 2.29 new text begin Total new text end new text begin $ new text end new text begin 1,563,655,000 new text end new text begin $ new text end new text begin 1,646,335,000 new text end new text begin $ new text end new text begin 3,209,990,000 new text end 2.30 Sec. 2. new text begin HIGHER EDUCATION APPROPRIATIONS. new text end 2.31     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.32 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.33 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.34 new text begin for each purpose. The figures "2008" and "2009" used in this article mean that the new text end 2.35 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2008, or new text end 2.36 new text begin June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal new text end 2.37 new text begin year 2009. "The biennium" is fiscal years 2008 and 2009. new text end 2.38 new text begin APPROPRIATIONS new text end 2.39 new text begin Available for the Year new text end 2.40 new text begin Ending June 30 new text end 2.41 new text begin 2008 new text end new text begin 2009 new text end 3.1 3.2 Sec. 3. new text begin MINNESOTA OFFICE OF HIGHER new text end new text begin EDUCATION new text end 3.3 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 197,983,000 new text end new text begin $ new text end new text begin 198,654,000 new text end 3.4 new text begin The amounts that may be spent for each new text end 3.5 new text begin purpose are specified in the following new text end 3.6 new text begin subdivisions. new text end 3.7 new text begin Subd. 2. new text end new text begin Minnesota GI Bill new text end new text begin 10,000,000 new text end new text begin 10,000,000 new text end 3.8 new text begin For grants to eligible veterans or the eligible new text end 3.9 new text begin spouses and children of veterans as provided new text end 3.10 new text begin under Minnesota Statutes, section 197.791. new text end 3.11 new text begin Of this appropriation, $152,000 the first new text end 3.12 new text begin year and $104,000 the second year are for new text end 3.13 new text begin the administrative costs of operating this new text end 3.14 new text begin program. For the 2010-2011 biennium, new text end 3.15 new text begin the base for this program's administrative new text end 3.16 new text begin costs must be included within the agency new text end 3.17 new text begin administration program activity. new text end 3.18 new text begin Subd. 3. new text end new text begin State Grants new text end new text begin 150,154,000 new text end new text begin 151,124,000 new text end 3.19 new text begin If the appropriation in this subdivision for new text end 3.20 new text begin either year is insufficient, the appropriation new text end 3.21 new text begin for the other year is available for it. new text end 3.22 new text begin For the biennium, the tuition maximum for new text end 3.23 new text begin students in four-year programs is $9,957 in new text end 3.24 new text begin each year for students in four-year programs, new text end 3.25 new text begin and for students in two-year programs, is new text end 3.26 new text begin $4,717 in the first year and $4,859 in the new text end 3.27 new text begin second year. new text end 3.28 new text begin This appropriation sets the living and new text end 3.29 new text begin miscellaneous expense allowance at $6,241 new text end 3.30 new text begin each year. new text end 3.31 new text begin Subd. 4. new text end new text begin Safety Officers Survivors new text end new text begin 100,000 new text end new text begin 100,000 new text end 3.32 new text begin This appropriation is to provide educational new text end 3.33 new text begin benefits under Minnesota Statutes, section new text end 4.1 new text begin 299A.45, to dependent children under age 23 new text end 4.2 new text begin and to the spouses of public safety officers new text end 4.3 new text begin killed in the line of duty. new text end 4.4 new text begin If the appropriation in this subdivision for new text end 4.5 new text begin either year is insufficient, the appropriation new text end 4.6 new text begin for the other year is available for it. new text end 4.7 new text begin Subd. 5. new text end new text begin Interstate Tuition Reciprocity new text end new text begin 2,000,000 new text end new text begin 2,000,000 new text end 4.8 new text begin If the appropriation in this subdivision for new text end 4.9 new text begin either year is insufficient, the appropriation new text end 4.10 new text begin for the other year is available to meet new text end 4.11 new text begin reciprocity contract obligations. new text end 4.12 new text begin Subd. 6. new text end new text begin State Work Study new text end new text begin 12,444,000 new text end new text begin 12,444,000 new text end 4.13 new text begin Subd. 7. new text end new text begin Child Care Grants new text end new text begin 4,934,000 new text end new text begin 4,934,000 new text end 4.14 new text begin Subd. 8. new text end new text begin Minitex new text end new text begin 5,881,000 new text end new text begin 5,881,000 new text end 4.15 new text begin Subd. 9. new text end new text begin MnLINK Gateway new text end new text begin 400,000 new text end new text begin 400,000 new text end 4.16 new text begin Subd. 10. new text end new text begin Learning Network of Minnesota new text end new text begin 4,800,000 new text end new text begin 4,800,000 new text end 4.17 new text begin Subd. 11. new text end new text begin Minnesota College Savings Plan new text end new text begin 1,020,000 new text end new text begin 1,020,000 new text end 4.18 new text begin Subd. 12. new text end new text begin Midwest Higher Education Compact new text end new text begin 90,000 new text end new text begin 90,000 new text end 4.19 new text begin Subd. 13. new text end new text begin Other Small Programs new text end new text begin 2,010,000 new text end new text begin 1,670,000 new text end 4.20 new text begin This appropriation includes funding for new text end 4.21 new text begin postsecondary service learning, student and new text end 4.22 new text begin parent information, get ready, outreach, and new text end 4.23 new text begin intervention for college attendance programs. new text end 4.24 new text begin $265,000 each year is for grants to increase new text end 4.25 new text begin campus-community collaboration and service new text end 4.26 new text begin learning statewide, including operations of new text end 4.27 new text begin the Minnesota campus compact, grants to new text end 4.28 new text begin member institutions and grants for member new text end 4.29 new text begin institution initiatives. For every $1 in state new text end 4.30 new text begin funding, grant recipients must contribute $2 new text end 4.31 new text begin in campus or community-based support. new text end 5.1 new text begin $100,000 each year is for a grant to the new text end 5.2 new text begin Loan Repayment Assistance Program new text end 5.3 new text begin of Minnesota, Inc. for loan repayment new text end 5.4 new text begin assistance awards. new text end 5.5 new text begin $500,000 each year is for the teacher new text end 5.6 new text begin education and compensation helps (TEACH) new text end 5.7 new text begin and the Minnesota early childhood teacher new text end 5.8 new text begin retention programs in Minnesota Statutes, new text end 5.9 new text begin section 136A.126. This is a onetime new text end 5.10 new text begin appropriation. new text end 5.11 new text begin $250,000 in the first year is for a grant to new text end 5.12 new text begin Augsburg College for the purpose of its new text end 5.13 new text begin Step UP program to provide educational new text end 5.14 new text begin opportunities to chemically dependent new text end 5.15 new text begin students and to work with other public new text end 5.16 new text begin and private colleges in Minnesota to help new text end 5.17 new text begin replicate this program. This is a onetime new text end 5.18 new text begin appropriation. new text end 5.19 new text begin $50,000 in the first year is for the speech new text end 5.20 new text begin pathologist loan forgiveness program for new text end 5.21 new text begin deposit in the account under Minnesota new text end 5.22 new text begin Statutes, section 136A.1704. new text end 5.23 new text begin $40,000 in the first year is for a grant to new text end 5.24 new text begin the Washington Center for Internships and new text end 5.25 new text begin Academic Seminars for a pilot program new text end 5.26 new text begin for scholarships for students enrolling in a new text end 5.27 new text begin Minnesota four-year college or university new text end 5.28 new text begin beginning in the fall semester of 2007. The new text end 5.29 new text begin grant is available only with a dollar-for-dollar new text end 5.30 new text begin match from nonstate sources. new text end 5.31 5.32 5.33 new text begin Subd. 14. new text end new text begin Access to College and Helping new text end new text begin Individuals Everywhere Value Education and new text end new text begin Rural Pilot Programs new text end new text begin 1,000,000 new text end new text begin 1,000,000 new text end 5.34 new text begin For Access to College and Helping new text end 5.35 new text begin Individuals Everywhere Value Education new text end 6.1 new text begin pilot projects that provide distance-learning new text end 6.2 new text begin opportunities through the Minnesota State new text end 6.3 new text begin Colleges and Universities for high school new text end 6.4 new text begin students living in remote and underserved new text end 6.5 new text begin areas where the school district lacks new text end 6.6 new text begin the resources to provide academically new text end 6.7 new text begin challenging educational opportunities, new text end 6.8 new text begin including Advanced Placement and new text end 6.9 new text begin International Baccalaureate programs. new text end 6.10 new text begin Students who successfully complete a course new text end 6.11 new text begin must receive college credit at no cost to the new text end 6.12 new text begin student or the participating school district. new text end 6.13 new text begin The office must report to the committees of new text end 6.14 new text begin the legislature with responsibility for higher new text end 6.15 new text begin education finance by January 15, 2009, on the new text end 6.16 new text begin program outcomes with recommendations on new text end 6.17 new text begin continuing and expanding the program. new text end 6.18 6.19 new text begin Subd. 15. new text end new text begin United Family Medicine Residency new text end new text begin Program new text end new text begin 360,000 new text end new text begin 360,000 new text end 6.20 new text begin For a grant to the united family medicine new text end 6.21 new text begin residency program. This appropriation new text end 6.22 new text begin must be used to support up to 18 resident new text end 6.23 new text begin physicians each year in family practice at new text end 6.24 new text begin united family medicine residency programs new text end 6.25 new text begin and must prepare doctors to practice family new text end 6.26 new text begin care medicine in underserved rural and new text end 6.27 new text begin urban areas of the state. The legislature new text end 6.28 new text begin intends this program to improve health new text end 6.29 new text begin care in underserved communities, provide new text end 6.30 new text begin affordable access to appropriate medical new text end 6.31 new text begin care, and manage the treatment of patients in new text end 6.32 new text begin a more cost-effective manner. new text end 6.33 new text begin Subd. 16. new text end new text begin Agency Administration new text end new text begin 2,690,000 new text end new text begin 2,731,000 new text end 6.34 new text begin Of this appropriation, $39,000 the first new text end 6.35 new text begin year and $80,000 the second year are for new text end 7.1 new text begin compensation-related costs associated with new text end 7.2 new text begin the delivery of the office's services and new text end 7.3 new text begin programs. new text end 7.4 new text begin Subd. 17. new text end new text begin Balances Forward new text end 7.5 new text begin A balance in the first year under this section new text end 7.6 new text begin does not cancel, but is available for the new text end 7.7 new text begin second year. new text end 7.8 new text begin Subd. 18. new text end new text begin Transfers new text end 7.9 new text begin The Minnesota Office of Higher Education new text end 7.10 new text begin may transfer unencumbered balances from new text end 7.11 new text begin the appropriations in subdivisions 2 to 15 to new text end 7.12 new text begin the state grant appropriation, the safety officer new text end 7.13 new text begin survivors appropriation, the interstate tuition new text end 7.14 new text begin reciprocity appropriation, the Minnesota new text end 7.15 new text begin college savings plan appropriation, the child new text end 7.16 new text begin care appropriation, and the state work study new text end 7.17 new text begin appropriation. new text end 7.18 new text begin Subd. 19. new text end new text begin Reporting new text end 7.19 new text begin (a) By November 1 and February 15, the new text end 7.20 new text begin Minnesota Office of Higher Education new text end 7.21 new text begin must provide updated state grant spending new text end 7.22 new text begin projections, taking into account the most new text end 7.23 new text begin current and projected enrollment and tuition new text end 7.24 new text begin and fee information, economic conditions, new text end 7.25 new text begin and other relevant factors. Before submitting new text end 7.26 new text begin state grant spending projections, the office new text end 7.27 new text begin must meet and consult with representatives of new text end 7.28 new text begin public and private postsecondary education, new text end 7.29 new text begin the Department of Finance, the governor's new text end 7.30 new text begin office, legislative staff, and financial aid new text end 7.31 new text begin administrators. new text end 7.32 new text begin (b) The Minnesota Office of Higher new text end 7.33 new text begin Education shall report to the higher education new text end 7.34 new text begin divisions of the house and senate finance new text end 8.1 new text begin committees on participation in postsecondary new text end 8.2 new text begin education by income, and persistence and new text end 8.3 new text begin graduation rates of state grant recipients new text end 8.4 new text begin compared to students who did not receive new text end 8.5 new text begin state grants. The office is authorized to match new text end 8.6 new text begin individual student data from the student new text end 8.7 new text begin record enrollment database with individual new text end 8.8 new text begin student data from the state grant database on new text end 8.9 new text begin data elements necessary to perform the study. new text end 8.10 8.11 8.12 Sec. 4. new text begin BOARD OF TRUSTEES OF THE new text end new text begin MINNESOTA STATE COLLEGES AND new text end new text begin UNIVERSITIES new text end 8.13 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 668,388,000 new text end new text begin $ new text end new text begin 704,288,000 new text end 8.14 new text begin The amounts that may be spent for each new text end 8.15 new text begin purpose are specified in the following new text end 8.16 new text begin subdivisions. new text end 8.17 8.18 new text begin Subd. 2. new text end new text begin Central Office and Shared Services new text end new text begin Unit new text end new text begin $ new text end new text begin 40,170,550 new text end new text begin $ new text end new text begin 40,170,550 new text end 8.19 new text begin For the office of the chancellor and the shared new text end 8.20 new text begin services division. new text end 8.21 new text begin Subd. 3. new text end new text begin Operations and Maintenance new text end new text begin $ new text end new text begin 628,217,450 new text end new text begin $ new text end new text begin 664,118,000 new text end 8.22 new text begin (a) This appropriation includes funding new text end 8.23 new text begin for the board's initiatives on recruiting and new text end 8.24 new text begin retaining underrepresented students, strategic new text end 8.25 new text begin educational advancements, STEM initiatives, new text end 8.26 new text begin and infrastructure and technology, and for new text end 8.27 new text begin the costs of inflation. This appropriation new text end 8.28 new text begin also includes funding to reduce the tuition new text end 8.29 new text begin rate increase to two percent from the new text end 8.30 new text begin board-approved plan of a four percent annual new text end 8.31 new text begin increase. new text end 8.32 new text begin (b) Appropriations for technology and new text end 8.33 new text begin infrastructure under this subdivision must new text end 8.34 new text begin not be used to increase permanent positions new text end 9.1 new text begin in the office of the chancellor or the shared new text end 9.2 new text begin services office. Any new positions funded new text end 9.3 new text begin from the technology and infrastructure new text end 9.4 new text begin appropriation must be at a campus. new text end 9.5 new text begin (c) $400,000 each year is for new text end 9.6 new text begin community-based energy development new text end 9.7 new text begin pilot projects at Mesabi Range Technical new text end 9.8 new text begin and Community College, the Minnesota new text end 9.9 new text begin West Community and Technical College, new text end 9.10 new text begin and Riverland Community College. Each new text end 9.11 new text begin campus must establish partnerships for new text end 9.12 new text begin community-based energy development pilot new text end 9.13 new text begin projects that involve students and faculty. An new text end 9.14 new text begin allocation for the pilot project is available new text end 9.15 new text begin to the participating institutions and the new text end 9.16 new text begin partnerships for the biennium ending June new text end 9.17 new text begin 30, 2009. new text end 9.18 new text begin (d) $750,000 in the first year is for a modular new text end 9.19 new text begin clean-room research and training facility new text end 9.20 new text begin at St. Paul College. This is a onetime new text end 9.21 new text begin appropriation and is available until expended. new text end 9.22 new text begin (e) $300,000 the first year is for a grant to new text end 9.23 new text begin the Range Association of Municipalities new text end 9.24 new text begin and Schools for a study of student demand new text end 9.25 new text begin and employer needs for higher education in new text end 9.26 new text begin the Mesabi Range region of northeastern new text end 9.27 new text begin Minnesota including the cities of Grand new text end 9.28 new text begin Rapids through Eveleth to Ely. The new text end 9.29 new text begin association must coordinate and contract for new text end 9.30 new text begin a study in cooperation with the Board of new text end 9.31 new text begin Regents of the University of Minnesota and new text end 9.32 new text begin the Board of Trustees of the Minnesota State new text end 9.33 new text begin Colleges and Universities. The governing new text end 9.34 new text begin boards must advise on which of the identified new text end 9.35 new text begin needs can be met by University of Minnesota new text end 10.1 new text begin courses and which can be met by the new text end 10.2 new text begin Minnesota State Colleges and Universities, new text end 10.3 new text begin and which degree programs may be offered new text end 10.4 new text begin jointly. The final report must be submitted to new text end 10.5 new text begin the committees of the legislature responsible new text end 10.6 new text begin for higher education finance by January 15, new text end 10.7 new text begin 2008, with recommendations and plans for new text end 10.8 new text begin the region. new text end 10.9 new text begin (f) $120,000 in each year is for the Cook new text end 10.10 new text begin County Higher Education Board to provide new text end 10.11 new text begin educational programs and academic support new text end 10.12 new text begin services. The base appropriation for this new text end 10.13 new text begin program is $120,000 in each year of the new text end 10.14 new text begin biennium ending June 30, 2011. new text end 10.15 new text begin (g) $2,000,000 the first year and $1,000,000 new text end 10.16 new text begin the second year are for a pilot project with new text end 10.17 new text begin the Northeast Minnesota Higher Education new text end 10.18 new text begin District and high schools in its area. Up to new text end 10.19 new text begin $1,200,000 of the first year appropriation new text end 10.20 new text begin must be used to purchase equipment that is new text end 10.21 new text begin necessary to reestablish a technical education new text end 10.22 new text begin curriculum in the area high schools to new text end 10.23 new text begin provide the students with the technical new text end 10.24 new text begin skills necessary for the workforce. Students new text end 10.25 new text begin from area high schools may also access new text end 10.26 new text begin the facilities and faculty of the Northeast new text end 10.27 new text begin Minnesota Higher Education District new text end 10.28 new text begin for state-of-the-art technical education new text end 10.29 new text begin opportunities, including MnSCU's 2+2 new text end 10.30 new text begin Pathways initiative. $1,000,000 is added to new text end 10.31 new text begin the base for this project. new text end 10.32 new text begin (h) $50,000 in the first year is for St. Paul new text end 10.33 new text begin College to collaborate with the United Auto new text end 10.34 new text begin Workers Local 879 to purchase a Ford new text end 10.35 new text begin Ranger pickup truck to retrofit to run on a new text end 11.1 new text begin battery-powered motor. This vehicle must new text end 11.2 new text begin be retrofitted to serve as a prototype that new text end 11.3 new text begin could be mass-produced at the St. Paul Ford new text end 11.4 new text begin assembly plant. new text end 11.5 new text begin (i) $100,000 each year is for a grant to a new text end 11.6 new text begin Minnesota public postsecondary institution new text end 11.7 new text begin with a total student enrollment under 7,000 new text end 11.8 new text begin students, that has an existing women's new text end 11.9 new text begin hockey team competing in Division I in the new text end 11.10 new text begin Western Collegiate Hockey Association. new text end 11.11 new text begin The institution may use the grant for new text end 11.12 new text begin equipment, facility improvements, travel and new text end 11.13 new text begin compensation for coaches, trainers, and other new text end 11.14 new text begin necessary personnel. new text end 11.15 new text begin (j) $450,000 each year is to establish a center new text end 11.16 new text begin for workforce and economic development new text end 11.17 new text begin at the Mesabi Range Community and new text end 11.18 new text begin Technical College and to enhance eFolio new text end 11.19 new text begin Minnesota. The board, in cooperation with new text end 11.20 new text begin the Iron Range Resources and Rehabilitation new text end 11.21 new text begin Board (IRRRB) and the Department of new text end 11.22 new text begin Employment and Economic Development, new text end 11.23 new text begin must establish the center to provide on-site new text end 11.24 new text begin and Internet-based support and technical new text end 11.25 new text begin assistance to users of the state's eFolio new text end 11.26 new text begin Minnesota system to promote workforce and new text end 11.27 new text begin economic development. The center must new text end 11.28 new text begin assist local economic development agencies new text end 11.29 new text begin and officials to enable them to access new text end 11.30 new text begin workforce information generated through the new text end 11.31 new text begin eFolio Minnesota system. The board must new text end 11.32 new text begin enhance the eFolio Minnesota system as new text end 11.33 new text begin necessary to serve these purposes. The center new text end 11.34 new text begin must report annually to the IRRRB and the new text end 11.35 new text begin Department of Employment and Economic new text end 12.1 new text begin Development on the outcomes of the center's new text end 12.2 new text begin activities. new text end 12.3 new text begin (k) $1,000,000 the first year is to identify new text end 12.4 new text begin and improve on practices for selecting and new text end 12.5 new text begin purchasing textbooks and course materials new text end 12.6 new text begin that are used by students. The board, in new text end 12.7 new text begin collaboration with the Minnesota State new text end 12.8 new text begin University Student Association (MSUSA) new text end 12.9 new text begin and the Minnesota State College Student new text end 12.10 new text begin Association (MSCSA) must develop new text end 12.11 new text begin and implement pilot projects with this new text end 12.12 new text begin appropriation to address the financial burden new text end 12.13 new text begin that textbook prices and requirements place new text end 12.14 new text begin on students. These projects may include new text end 12.15 new text begin textbook rental programs, cooperative new text end 12.16 new text begin purchasing efforts, training, and education new text end 12.17 new text begin and awareness programs for students and new text end 12.18 new text begin faculty on cost considerations and textbook new text end 12.19 new text begin options. The student associations must new text end 12.20 new text begin be fully involved in the development and new text end 12.21 new text begin implementation of any project using this new text end 12.22 new text begin appropriation. Each student association new text end 12.23 new text begin must vote to approve a project before it is new text end 12.24 new text begin implemented. MSUSA and MSCSA must new text end 12.25 new text begin report to the committees of the legislature new text end 12.26 new text begin responsible for higher education finance by new text end 12.27 new text begin February 15, 2009, on the success of the pilot new text end 12.28 new text begin projects. This money is available until June new text end 12.29 new text begin 30, 2009. new text end 12.30 new text begin Subd. 4. new text end new text begin Board Policies new text end 12.31 new text begin (a) The board must adopt a policy that allows new text end 12.32 new text begin students to add the cost of textbooks and new text end 12.33 new text begin required course materials purchased at a new text end 12.34 new text begin campus bookstore, owned by or operated new text end 12.35 new text begin under a contract with the campus, to the new text end 13.1 new text begin existing waivers or payment plans for tuition new text end 13.2 new text begin and fees. new text end 13.3 new text begin (b) The board must adopt a policy setting new text end 13.4 new text begin the maximum number of semester credits new text end 13.5 new text begin required for a baccalaureate degree at 120 new text end 13.6 new text begin semester credits or the equivalent and the new text end 13.7 new text begin number of semester credits required for an new text end 13.8 new text begin associate degree at 60 semester credits or the new text end 13.9 new text begin equivalent. new text end 13.10 13.11 Sec. 5. new text begin BOARD OF REGENTS OF THE new text end new text begin UNIVERSITY OF MINNESOTA new text end 13.12 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 696,082,000 new text end new text begin $ new text end new text begin 742,143,000 new text end 13.13 new text begin The amounts that may be spent for each new text end 13.14 new text begin purpose are specified in the following new text end 13.15 new text begin subdivisions. new text end 13.16 new text begin Subd. 2. new text end new text begin Operations and Maintenance new text end new text begin 611,112,000 new text end new text begin 667,550,000 new text end 13.17 new text begin (a) This appropriation includes amounts for new text end 13.18 new text begin the board: new text end 13.19 new text begin (1) to make investments in the university's new text end 13.20 new text begin technology and related infrastructure; new text end 13.21 new text begin (2) to award faculty and staff compensation new text end 13.22 new text begin increases differentially; new text end 13.23 new text begin (3) for the board's health workforce and new text end 13.24 new text begin clinical sciences initiative; new text end 13.25 new text begin (4) initiatives in science and engineering; new text end 13.26 new text begin (5) initiatives relating to the environment, new text end 13.27 new text begin agriculture, and renewable energy; and new text end 13.28 new text begin (6) for advancing education, including an new text end 13.29 new text begin Ojibwe Indian language program on the new text end 13.30 new text begin Duluth campus. new text end 13.31 new text begin (b) $2,250,000 each year is to establish new text end 13.32 new text begin banded tuition at the Morris, Crookston, and new text end 14.1 new text begin Duluth campuses to reduce tuition costs for new text end 14.2 new text begin students. new text end 14.3 new text begin (c) $7,000,000 for the biennium is for new text end 14.4 new text begin scholarships to mitigate the effects of rising new text end 14.5 new text begin tuition on Minnesota students and families. new text end 14.6 new text begin This appropriation must be matched with new text end 14.7 new text begin $2 of nonstate money for each $1 of state new text end 14.8 new text begin money. new text end 14.9 new text begin (d) $12,404,000 in the second year is to new text end 14.10 new text begin reduce the proposed tuition rate increase. new text end 14.11 new text begin Any of this amount that is not used by the new text end 14.12 new text begin board to reduce tuition cancels to the general new text end 14.13 new text begin fund. new text end 14.14 new text begin (e) $300,000 the first year is for the Center new text end 14.15 new text begin for Transportation Studies to complete a new text end 14.16 new text begin study to assess public policy options for new text end 14.17 new text begin reducing the volume of greenhouse gases new text end 14.18 new text begin emitted from the transportation sector in new text end 14.19 new text begin Minnesota. The Center for Transportation new text end 14.20 new text begin Studies must report its preliminary findings new text end 14.21 new text begin to the legislature by February 1, 2008, and new text end 14.22 new text begin must issue its full report by June 1, 2008. new text end 14.23 new text begin This is a onetime appropriation. new text end 14.24 new text begin (f) $250,000 each year is to establish an India new text end 14.25 new text begin Center to improve and promote relations with new text end 14.26 new text begin India and Southeast Asia. The center must new text end 14.27 new text begin partner with public and private organizations new text end 14.28 new text begin in Minnesota to: new text end 14.29 new text begin (1) foster an understanding of the history, new text end 14.30 new text begin culture, and values of India; new text end 14.31 new text begin (2) serve as a resource and catalyst to new text end 14.32 new text begin promote economic, governmental, and new text end 14.33 new text begin academic pursuits involving India; and new text end 15.1 new text begin (3) facilitate educational and business new text end 15.2 new text begin exchanges and partnerships, collaborative new text end 15.3 new text begin research, and teaching and training activities new text end 15.4 new text begin for Minnesota students and teachers. new text end 15.5 new text begin The Board of Regents may establish an new text end 15.6 new text begin advisory council to facilitate the mission new text end 15.7 new text begin and objectives of the India Center and must new text end 15.8 new text begin report on the progress of the India Center by new text end 15.9 new text begin February 15, 2008, to the governor and chairs new text end 15.10 new text begin of the legislative committees responsible for new text end 15.11 new text begin higher education finance. This is a onetime new text end 15.12 new text begin appropriation. new text end 15.13 new text begin (g) $750,000 in the first year is to assist in new text end 15.14 new text begin the formation of the neighborhood alliance new text end 15.15 new text begin and for projects identified in section 8. The new text end 15.16 new text begin alliance, the Board of Regents, and the city of new text end 15.17 new text begin Minneapolis may cooperate on the projects new text end 15.18 new text begin and may use a public services of other entities new text end 15.19 new text begin to complete all or a portion of a project. new text end 15.20 new text begin (h) $300,000 the first year is to establish a new text end 15.21 new text begin Dakota language teacher training immersion new text end 15.22 new text begin program on the Twin Cities campus to new text end 15.23 new text begin prepare teachers to teach in Dakota language new text end 15.24 new text begin immersion programs. This is a onetime new text end 15.25 new text begin appropriation. new text end 15.26 new text begin (i) $400,000 each year is for the Minnesota new text end 15.27 new text begin Institute for Sustainable Agriculture to new text end 15.28 new text begin provide funds for on-station and on-farm new text end 15.29 new text begin field scale research and outreach to develop new text end 15.30 new text begin and test the agronomic and economic new text end 15.31 new text begin requirements of diverse strands of prairie new text end 15.32 new text begin plants and other perennials for bioenergy new text end 15.33 new text begin systems including but not limited to new text end 15.34 new text begin multiple species selection and establishment, new text end 15.35 new text begin ecological management between planting new text end 16.1 new text begin and harvest, harvest technologies, financial new text end 16.2 new text begin and agronomic risk management, farmer new text end 16.3 new text begin goal setting and adoption of technologies, new text end 16.4 new text begin integration of wildlife habitat into new text end 16.5 new text begin management approaches, evaluation of new text end 16.6 new text begin carbon and other benefits, and robust polices new text end 16.7 new text begin needed to induce farmer conversion on new text end 16.8 new text begin marginal lands. new text end 16.9 new text begin Subd. 3. new text end new text begin Health Care Access Fund new text end new text begin 2,157,000 new text end new text begin 2,157,000 new text end 16.10 new text begin This appropriation is from the health care new text end 16.11 new text begin access fund and is for primary care education new text end 16.12 new text begin initiatives. new text end 16.13 new text begin Subd. 4. new text end new text begin Special Appropriation new text end new text begin 65,813,000 new text end new text begin 65,436,000 new text end 16.14 new text begin (a) new text end new text begin Agriculture and Extension Service new text end new text begin 52,625,000 new text end new text begin 52,275,000 new text end 16.15 new text begin (1) For the Agricultural Experiment new text end 16.16 new text begin Station, Minnesota Extension Service. This new text end 16.17 new text begin appropriation includes funding to promote new text end 16.18 new text begin alternative livestock research and outreach new text end 16.19 new text begin at the Minnesota Institute for Sustainable new text end 16.20 new text begin Agriculture, and to promote sustainable and new text end 16.21 new text begin organic agricultural research and education. new text end 16.22 new text begin (2) This appropriation includes funding new text end 16.23 new text begin for research efforts that demonstrate a new text end 16.24 new text begin renewed emphasis on the needs of the state's new text end 16.25 new text begin production agriculture community and a new text end 16.26 new text begin continued focus on renewable energy derived new text end 16.27 new text begin from Minnesota biomass resources including new text end 16.28 new text begin agronomic crops, plant and animal wastes, new text end 16.29 new text begin and native plants or trees, with priority for new text end 16.30 new text begin extending the Minnesota vegetable growing new text end 16.31 new text begin season; fertilizer and soil fertility research new text end 16.32 new text begin and development; treating and curing human new text end 16.33 new text begin diseases utilizing plant and livestock cells; new text end 16.34 new text begin using biofuel production coproducts as new text end 17.1 new text begin feed for livestock; and a rapid agricultural new text end 17.2 new text begin response fund for current or emerging new text end 17.3 new text begin animal, plant, and insect problems affecting new text end 17.4 new text begin production or food safety. In addition, the new text end 17.5 new text begin appropriation may be used to secure a facility new text end 17.6 new text begin and retain current faculty levels for poultry new text end 17.7 new text begin research currently conducted at UMore Park. new text end 17.8 new text begin (3) In the area of renewable energy, priority new text end 17.9 new text begin should be given to projects pertaining to: new text end 17.10 new text begin biofuel and other energy production from new text end 17.11 new text begin small grains; alternative bioenergy crops and new text end 17.12 new text begin cropping systems; and growing, harvesting, new text end 17.13 new text begin and transporting biomass plant material. new text end 17.14 new text begin (4) This appropriation includes funding for new text end 17.15 new text begin the college of food, agricultural, and natural new text end 17.16 new text begin resources sciences to establish and maintain new text end 17.17 new text begin a statewide organic research and education new text end 17.18 new text begin initiative to provide leadership for organic new text end 17.19 new text begin agronomic, horticultural, livestock, and food new text end 17.20 new text begin systems research, education, and outreach new text end 17.21 new text begin and for the purchase of state-of-the-art new text end 17.22 new text begin laboratory, planting, tilling, harvesting, and new text end 17.23 new text begin processing equipment necessary for this new text end 17.24 new text begin project. new text end 17.25 new text begin (5) By February 1, 2009, the Board new text end 17.26 new text begin of Regents must report to the legislative new text end 17.27 new text begin committees with responsibility for agriculture new text end 17.28 new text begin and higher education finance on the research new text end 17.29 new text begin and initiatives under this paragraph. new text end 17.30 new text begin (6) The base appropriation is $51,775,000 new text end 17.31 new text begin each year of the biennium ending June 30, new text end 17.32 new text begin 2011. new text end 17.33 new text begin (b) new text end new text begin Health Sciences new text end new text begin 5,275,000 new text end new text begin 5,275,000 new text end 17.34 new text begin $346,000 each year is to support up to 12 new text end 17.35 new text begin resident physicians each year in the St. new text end 18.1 new text begin Cloud Hospital family practice residency new text end 18.2 new text begin program. The program must prepare doctors new text end 18.3 new text begin to practice primary care medicine in the rural new text end 18.4 new text begin areas of the state. The legislature intends new text end 18.5 new text begin this program to improve health care in rural new text end 18.6 new text begin communities, provide affordable access to new text end 18.7 new text begin appropriate medical care, and manage the new text end 18.8 new text begin treatment of patients in a more cost-effective new text end 18.9 new text begin manner. new text end 18.10 new text begin The remainder of this appropriation is for new text end 18.11 new text begin the rural physicians associates program, the new text end 18.12 new text begin Veterinary Diagnostic Laboratory, health new text end 18.13 new text begin sciences research, dental care, and the new text end 18.14 new text begin Biomedical Engineering Center. new text end 18.15 new text begin (c) new text end new text begin Institute of Technology new text end new text begin 1,387,000 new text end new text begin 1,387,000 new text end 18.16 new text begin For the Geological Survey and the talented new text end 18.17 new text begin youth mathematics program. new text end 18.18 new text begin (d) new text end new text begin System Specials new text end new text begin 6,526,000 new text end new text begin 6,526,000 new text end 18.19 new text begin For general research, student loans matching new text end 18.20 new text begin money, industrial relations education, new text end 18.21 new text begin Natural Resources Research Institute, Center new text end 18.22 new text begin for Urban and Regional Affairs, and the Bell new text end 18.23 new text begin Museum of Natural History. $100,000 is new text end 18.24 new text begin added to the base appropriation for industrial new text end 18.25 new text begin relations education. new text end 18.26 18.27 new text begin Subd. 5. new text end new text begin University of Minnesota and Mayo new text end new text begin Foundation Partnership new text end new text begin 17,000,000 new text end new text begin 7,000,000 new text end 18.28 new text begin For the direct and indirect expenses of the new text end 18.29 new text begin collaborative research partnership between new text end 18.30 new text begin the University of Minnesota and the Mayo new text end 18.31 new text begin Foundation for research in biotechnology new text end 18.32 new text begin and medical genomics. $7,000,000 is added new text end 18.33 new text begin to the base. This appropriation is available new text end 18.34 new text begin until expended. An annual report on the new text end 18.35 new text begin expenditure of these funds must be submitted new text end 19.1 new text begin to the governor and the chairs of the senate new text end 19.2 new text begin and house committees responsible for higher new text end 19.3 new text begin education and economic development by new text end 19.4 new text begin June 30 of each fiscal year. new text end 19.5 new text begin Subd. 6. new text end new text begin Academic Health Center new text end 19.6 new text begin The appropriation for Academic Health new text end 19.7 new text begin Center funding under Minnesota Statutes, new text end 19.8 new text begin section 297F.10, is $22,250,000 each year. new text end 19.9 Sec. 6. new text begin MAYO CLINIC new text end 19.10 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 1,202,000 new text end new text begin $ new text end new text begin 1,250,000 new text end 19.11 new text begin The amounts that may be spent for each new text end 19.12 new text begin purpose are specified in the following new text end 19.13 new text begin subdivisions. new text end 19.14 new text begin Subd. 2. new text end new text begin Medical School new text end new text begin 591,000 new text end new text begin 615,000 new text end 19.15 new text begin The state of Minnesota must pay a capitation new text end 19.16 new text begin each year for each student who is a resident new text end 19.17 new text begin of Minnesota. The appropriation may be new text end 19.18 new text begin transferred between years of the biennium to new text end 19.19 new text begin accommodate enrollment fluctuations. The new text end 19.20 new text begin funding base for this program is $640,000 in new text end 19.21 new text begin fiscal year 2010 and $665,000 in fiscal year new text end 19.22 new text begin 2011. new text end 19.23 new text begin It is intended that during the biennium the new text end 19.24 new text begin Mayo Clinic use the capitation money to new text end 19.25 new text begin increase the number of doctors practicing in new text end 19.26 new text begin rural areas in need of doctors. new text end 19.27 19.28 new text begin Subd. 3. new text end new text begin Family Practice and Graduate new text end new text begin Residency Program new text end new text begin 611,000 new text end new text begin 635,000 new text end 19.29 new text begin The state of Minnesota must pay stipend new text end 19.30 new text begin support for up to 27 residents each year. The new text end 19.31 new text begin funding base for this program is $660,000 in new text end 19.32 new text begin fiscal year 2010 and $686,000 in fiscal year new text end 19.33 new text begin 2011. new text end 20.1    Sec. 7. new text begin LEGISLATIVE COMMISSION ON POSTSECONDARY FUNDING. new text end 20.2     new text begin Subdivision 1. new text end new text begin Membership. new text end new text begin A 12-member legislative commission on new text end 20.3 new text begin postsecondary funding is established consisting of six members of the house of new text end 20.4 new text begin representatives appointed by the speaker and six members of the senate appointed by new text end 20.5 new text begin the Subcommittee on Committees of the Committee on Rules and Administration. The new text end 20.6 new text begin commission may elect a chair and other officers as necessary. new text end 20.7     new text begin Subd. 2. new text end new text begin Charge. new text end new text begin The commission must develop an alternative funding formula new text end 20.8 new text begin or funding method for postsecondary education that creates incentives for high quality new text end 20.9 new text begin postsecondary education while maintaining access for students. In developing the formula new text end 20.10 new text begin or funding method, the commission must consider and address: new text end 20.11     new text begin (1) both institutional aid and direct student aid; new text end 20.12     new text begin (2) the major cost drivers in postsecondary education, such as inflation and new text end 20.13 new text begin enrollment; new text end 20.14     new text begin (3) federal postsecondary funding and tax incentives for postsecondary education; new text end 20.15 new text begin and new text end 20.16     new text begin (4) funding the formula or funding method within the projected constraints on the new text end 20.17 new text begin state budget in the coming decade. new text end 20.18     new text begin Subd. 3. new text end new text begin Report. new text end new text begin The commission must report its recommendations to the house new text end 20.19 new text begin Division on Higher Education and Workforce Development Policy and Finance, and the new text end 20.20 new text begin senate Higher Education Budget and Policy Division by June 30, 2008. new text end 20.21     new text begin Subd. 4. new text end new text begin Expiration. new text end new text begin The commission expires June 30, 2008. new text end 20.22    Sec. 8. new text begin UNIVERSITY OF MINNESOTA MINNEAPOLIS AREA new text end 20.23 new text begin NEIGHBORHOOD ALLIANCE. new text end 20.24     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms new text end 20.25 new text begin have the meanings given them. new text end 20.26     new text begin (b) "Alliance" means a representative body of the constituencies, including, but new text end 20.27 new text begin not limited to, the University of Minnesota, the city of Minneapolis, and the recognized new text end 20.28 new text begin neighborhood organizations and business associations referenced in the report. new text end 20.29     new text begin (c) "Board" means the Board of Regents of the University of Minnesota. new text end 20.30     new text begin (d) "Report" means the report and appendix entitled Moving Forward Together: new text end 20.31 new text begin University of Minnesota Minneapolis Area Neighborhood Impact Report, submitted to new text end 20.32 new text begin the legislature in February 2007. new text end 20.33     new text begin (e) "University partnership district" or "district" means the area located within the new text end 20.34 new text begin city that includes the neighborhoods of Cedar-Riverside, Marcy-Holmes, South East new text end 21.1 new text begin Como, Prospect Park, and University, as they are defined by the city, and the university's new text end 21.2 new text begin Minneapolis campus. new text end 21.3     new text begin (f) "Tier two impact zone" means the neighborhoods of northeast Minneapolis that new text end 21.4 new text begin house significant numbers of university students and staff. Transportation and housing new text end 21.5 new text begin policy analysis and planning must include these areas but they must not be included in new text end 21.6 new text begin the projects funded through the alliance. new text end 21.7     new text begin (g) "University" means the University of Minnesota. new text end 21.8     new text begin Subd. 2. new text end new text begin Alliance; functions. new text end new text begin The alliance may facilitate, initiate, or manage new text end 21.9 new text begin projects with the board, city, or other public or private entities that are intended to new text end 21.10 new text begin maintain the university partnership district as a viable place to study, research, and live. new text end 21.11 new text begin Projects may include, but are not limited to, those outlined in the report, as well as new text end 21.12 new text begin efforts to involve students in activities to maintain and improve the university partnership new text end 21.13 new text begin district; cooperative university and university partnership district long-term planning; and new text end 21.14 new text begin incentives to increase homeownership within the district with particular emphasis on new text end 21.15 new text begin employees of the university and of other major employers located within the district. new text end 21.16     new text begin Subd. 3. new text end new text begin Report. new text end new text begin The board must report to the legislature by January 15, 2009, on new text end 21.17 new text begin the expenditure of funds appropriated under section 3. new text end 21.18ARTICLE 2 21.19MINNESOTA GI BILL FOR VETERANS 21.20    Section 1. Minnesota Statutes 2006, section 136A.01, subdivision 2, is amended to 21.21read: 21.22    Subd. 2. Responsibilities. The Minnesota Office of Higher Education is responsible 21.23for: 21.24    (1) necessary state level administration of financial aid new text begin and Minnesota GI Bill new text end 21.25programs, including accounting, auditing, and disbursing state and federal financial aid 21.26funds, and reporting on financial aid programs to the governor and the legislature; 21.27    (2) approval, registration, licensing, and financial aid eligibility of private collegiate 21.28and career schools, under sections 136A.61 to 136A.71 and chapter 141; 21.29    (3) administering the Learning Network of Minnesota; 21.30    (4) negotiating and administering reciprocity agreements; 21.31    (5) publishing and distributing financial aid information and materials, and other 21.32information and materials under section 136A.87, to students and parents; 21.33    (6) collecting and maintaining student enrollment and financial aid data and 21.34reporting data on students and postsecondary institutions to develop and implement a 21.35process to measure and report on the effectiveness of postsecondary institutions; 22.1    (7) administering the federal programs that affect students and institutions on a 22.2statewide basis; and 22.3    (8) prescribing policies, procedures, and rules under chapter 14 necessary to 22.4administer the programs under its supervision. 22.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007, and applies to new text end 22.6 new text begin qualifying coursework taken on or after that date. new text end 22.7    Sec. 2. new text begin [197.791] MINNESOTA GI BILL PROGRAM. new text end 22.8     new text begin Subdivision 1. new text end new text begin Policy. new text end new text begin It is the policy of the state of Minnesota to provide new text end 22.9 new text begin postsecondary educational assistance to Minnesota veterans who have provided honorable new text end 22.10 new text begin service to this state and nation as members of the United States armed forces, whether new text end 22.11 new text begin in peacetime or in war, and to the spouses and children of Minnesota veterans who have new text end 22.12 new text begin become severely disabled or deceased during or as the direct result of military service. new text end 22.13     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) The definitions in this subdivision apply to this section. new text end 22.14     new text begin (b) "Commissioner" means the commissioner of veterans affairs, unless otherwise new text end 22.15 new text begin specified. new text end 22.16     new text begin (c) "Cost of attendance" for both undergraduate and graduate students has the new text end 22.17 new text begin meaning given in section 136A.121, subdivision 6, multiplied by a factor of 1.2. new text end 22.18     new text begin (d) "Child" means a natural or adopted child of a person described in subdivision 5, new text end 22.19 new text begin paragraph (a), clause (1), item (i) or (ii). new text end 22.20     new text begin (e) "Director" means the director of the Minnesota Office of Higher Education. new text end 22.21     new text begin (f) "Eligible institution" means a postsecondary institution located in this state new text end 22.22 new text begin that either (1) is operated by this state; or (2) is operated publicly or privately and, as new text end 22.23 new text begin determined by the office, maintains academic standards substantially equivalent to those new text end 22.24 new text begin of comparable institutions operated in this state. new text end 22.25     new text begin (g) "Eligible student" means a person who: new text end 22.26     new text begin (1) if the student is an undergraduate student, has applied for the federal Pell Grant new text end 22.27 new text begin and the Minnesota State Grant; new text end 22.28     new text begin (2) is maintaining satisfactory academic progress as defined by the institution for new text end 22.29 new text begin students participating in federal Title IV programs; new text end 22.30     new text begin (3) is enrolled in an education program leading to a certificate, diploma, or degree new text end 22.31 new text begin at an eligible institution; new text end 22.32     new text begin (4) has applied for educational assistance under the Minnesota GI Bill program prior new text end 22.33 new text begin to the end of the academic term for which the assistance is being requested. new text end 22.34     new text begin (5) is in compliance with child support payment requirements under section new text end 22.35 new text begin 136A.121, subdivision 2, clause (5). new text end 23.1     new text begin (h) "Part-time student" means an undergraduate student enrolled for fewer than 12 new text end 23.2 new text begin credits in a semester or the equivalent, or a graduate student as defined by the student's new text end 23.3 new text begin eligible institution. new text end 23.4     new text begin (i) "Program" means the Minnesota GI Bill program established in this section, new text end 23.5 new text begin unless otherwise specified. new text end 23.6     new text begin (j) "Service-connected" has the meaning given by the United States Department new text end 23.7 new text begin of Veterans Affairs. new text end 23.8     new text begin (k) "Veteran" has the meaning given in section 197.447, and also includes a service new text end 23.9 new text begin member who has fulfilled the requirements for being a veteran but is still serving actively new text end 23.10 new text begin in the United States armed forces. new text end 23.11     new text begin Subd. 3. new text end new text begin Program established. new text end new text begin There is established a program to provide new text end 23.12 new text begin postsecondary educational assistance to eligible Minnesota veterans and to the children new text end 23.13 new text begin and spouses of deceased and severely disabled Minnesota veterans. This program may be new text end 23.14 new text begin cited as the "Minnesota GI Bill program." new text end 23.15     new text begin The director, in consultation with the commissioner and in cooperation with new text end 23.16 new text begin eligible postsecondary educational institutions, shall expend a biennial appropriation new text end 23.17 new text begin for the purpose of providing postsecondary educational assistance to eligible persons new text end 23.18 new text begin in accordance with this program. Each public postsecondary educational institution in new text end 23.19 new text begin the state must participate in the program and each private postsecondary educational new text end 23.20 new text begin institution in the state is encouraged to participate in the program. Any participating new text end 23.21 new text begin private institution may suspend or terminate its participation in the program at the end new text end 23.22 new text begin of any semester or other academic term. new text end 23.23     new text begin Subd. 4. new text end new text begin Duties; responsibilities. new text end new text begin (a) The director, in consultation with the new text end 23.24 new text begin commissioner, shall establish policies and procedures including, but not limited to, new text end 23.25 new text begin procedures for student application record keeping, information sharing, payment to new text end 23.26 new text begin participating eligible institutions, and other procedures the director considers appropriate new text end 23.27 new text begin and necessary for effective and efficient administration of the program established in new text end 23.28 new text begin this section. new text end 23.29     new text begin (b) The director, in consultation with the commissioner, may delegate part or new text end 23.30 new text begin all of the administrative procedures for the program to responsible representatives of new text end 23.31 new text begin participating eligible institutions. new text end 23.32     new text begin Subd. 5. new text end new text begin Eligibility. new text end new text begin (a) A person is eligible for educational assistance under this new text end 23.33 new text begin section if: new text end 23.34     new text begin (1) the person is: new text end 23.35     new text begin (i) a veteran who is serving or has served honorably in any branch or unit of the new text end 23.36 new text begin United States armed forces at any time on or after August 2, 1990; new text end 24.1     new text begin (ii) a nonveteran who has served honorably for a total of 16 years or more new text end 24.2 new text begin cumulatively as a member of the Minnesota national guard or any other active or reserve new text end 24.3 new text begin component of the United States armed forces, and any part of that service occurred on new text end 24.4 new text begin or after August 2, 1990; new text end 24.5     new text begin (iii) the surviving spouse or child of a person described in (i) or (ii) who has died as new text end 24.6 new text begin a direct result of that military service; or new text end 24.7     new text begin (iv) the spouse or child of a person described in (i) or (ii) who has a total new text end 24.8 new text begin and permanent service-connected disability as rated by the United States veterans new text end 24.9 new text begin administration; new text end 24.10     new text begin (2) the person described in clause (1), item (i) or (ii), had Minnesota as the person's new text end 24.11 new text begin state of residence at the time of the person's initial enlistment or any reenlistment in new text end 24.12 new text begin the United States armed forces; new text end 24.13     new text begin (3) the person receiving the educational assistance is a Minnesota resident, as new text end 24.14 new text begin defined in section 136A.101, subdivision 8; and new text end 24.15     new text begin (4) the person receiving the educational assistance is an eligible student. new text end 24.16     new text begin (b) A person's eligibility terminates when the person becomes eligible for benefits new text end 24.17 new text begin under section 135A.52. new text end 24.18     new text begin (c) As proof of honorable service and disability or death status for a veteran or new text end 24.19 new text begin service member, the director, by policy and in consultation with the commissioner, may new text end 24.20 new text begin require official documentation, including the person's federal form DD-214 or other official new text end 24.21 new text begin military discharge papers, correspondence from the United States veterans administration, new text end 24.22 new text begin birth certificate, marriage certificate, proof of enrollment at an eligible institution, signed new text end 24.23 new text begin affidavits, proof of residency, proof of identity, or any other official documentation the new text end 24.24 new text begin director considers necessary to determine an applicant's eligibility status. new text end 24.25     new text begin (d) The director, in consultation with the commissioner, may deny eligibility or new text end 24.26 new text begin terminate benefits under this section to any person who has not provided sufficient proof of new text end 24.27 new text begin eligibility for the program. An applicant may appeal the director's eligibility determination new text end 24.28 new text begin in writing to the director at any time. The director must rule on any application or appeal new text end 24.29 new text begin within 30 days of receipt of all documentation that the director requires. Upon receiving new text end 24.30 new text begin an application with insufficient documentation, the director must notify the applicant new text end 24.31 new text begin within 30 days of receipt of the application that the application is being suspended pending new text end 24.32 new text begin receipt by the director of sufficient documentation from the applicant. The decision of the new text end 24.33 new text begin director regarding an appeal is final; however, an applicant whose appeal of an eligibility new text end 24.34 new text begin determination has been rejected by the director may submit an additional appeal of that new text end 24.35 new text begin determination in writing to the director at any time that the applicant is able to provide new text end 24.36 new text begin substantively significant additional information relating to the person's eligibility for the new text end 25.1 new text begin program. An approval of an applicant's eligibility by the director following an appeal by new text end 25.2 new text begin the applicant is not retroactively effective beyond the later of one year previously or the new text end 25.3 new text begin semester of the person's original application. new text end 25.4     new text begin Subd. 6. new text end new text begin Benefit amount. new text end new text begin (a) On approval by the director of an applicant's new text end 25.5 new text begin eligibility for the program, the applicant shall be awarded, on a funds-available basis, the new text end 25.6 new text begin educational assistance under the program for use at any time according to program rules new text end 25.7 new text begin at any eligible institution. Eligibility for the program terminates upon exhaustion of a new text end 25.8 new text begin person's benefits as specified in paragraph (c). new text end 25.9     new text begin (b) The amount of educational assistance in any semester or term for an eligible new text end 25.10 new text begin person must be determined by subtracting from the eligible person's cost of attendance new text end 25.11 new text begin at that eligible public institution, or in the case of an eligible private institution the cost new text end 25.12 new text begin of attendance for a comparable program at the Twin Cities campus of the University of new text end 25.13 new text begin Minnesota, the amount the person received or was eligible to receive in that semester new text end 25.14 new text begin or term from: new text end 25.15     new text begin (1) the federal Pell Grant; new text end 25.16     new text begin (2) the state grant under section 136A.121; and new text end 25.17     new text begin (3) any federal military or veterans educational benefits, including, but not limited new text end 25.18 new text begin to, the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program, new text end 25.19 new text begin vocational rehabilitation benefits, and any other federal benefits associated with the new text end 25.20 new text begin person's status as a veteran, except veterans disability payments from the United States new text end 25.21 new text begin Department of Veterans Affairs. new text end 25.22     new text begin (c) The amount of education assistance for any eligible person must not exceed any new text end 25.23 new text begin of the following amounts: new text end 25.24     new text begin (1) $1,250 per semester or term of enrollment, or in the case of a part-time student new text end 25.25 new text begin $625 per semester or term of enrollment; new text end 25.26     new text begin (2) $3,570 per state fiscal year; and new text end 25.27     new text begin (3) $10,000 total. new text end 25.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007, and applies to new text end 25.29 new text begin qualifying coursework taken on or after that date. new text end 25.30    Sec. 3. new text begin ANNUAL REVIEW AND RECOMMENDATION. new text end 25.31     new text begin The commissioner of veterans affairs, in consultation with the director of higher new text end 25.32 new text begin education, must annually review veterans' participation level in and expenditures for the new text end 25.33 new text begin Minnesota GI Bill program in Minnesota Statutes, section 197.791, and, by January 15 new text end 25.34 new text begin each year, must make recommendations to the chairs of the senate and house committees new text end 26.1 new text begin having oversight responsibility for veterans affairs regarding adjustment of individual new text end 26.2 new text begin benefit levels and program funding. new text end 26.3ARTICLE 3 26.4RELATED HIGHER EDUCATION 26.5    Section 1. Minnesota Statutes 2006, section 13.322, subdivision 3, is amended to read: 26.6    Subd. 3. Minnesota Office of Higher Education. (a) General. Data sharing 26.7involving the Minnesota Office of Higher Education and other institutions is governed 26.8by sections new text begin section new text end 136A.05 and 136A.08, subdivision 8. 26.9    (b) Student financial aid. Data collected and used by the Minnesota Office of 26.10Higher Education on applicants for financial assistance are classified under section 26.11136A.162 . 26.12    (c) Minnesota college savings plan data. Account owner data, account data, and 26.13data on beneficiaries of accounts under the Minnesota college savings plan are classified 26.14under section 136G.05, subdivision 10. 26.15    (d) School financial records. Financial records submitted by schools registering 26.16with the Minnesota Office of Higher Education are classified under section 136A.64. 26.17    (e) Enrollment and financial aid data. Data collected from eligible institutions on 26.18student enrollment and federal and state financial aid are governed by sections 136A.121, 26.19subdivision 18, and 136A.1701, subdivision 11. 26.20    Sec. 2. Minnesota Statutes 2006, section 16B.70, is amended by adding a subdivision 26.21to read: 26.22     new text begin Subd. 4. new text end new text begin Construction management education surcharge and account. new text end new text begin (a) new text end 26.23 new text begin For nonresidential construction building permits, the surcharge under subdivision 1 new text end 26.24 new text begin is increased by an amount equal to one-quarter mill (.00025) of the fee or 25 cents, new text end 26.25 new text begin whichever amount is greater, and designated for and deposited in the construction new text end 26.26 new text begin management education account. new text end 26.27     new text begin (b) The construction management education account is created as an account in the new text end 26.28 new text begin special revenue fund, administered by the Minnesota Office of Higher Education for new text end 26.29 new text begin the purpose of enhancing construction management education in public postsecondary new text end 26.30 new text begin institutions. Funds in the account are appropriated to the director of the Minnesota Office new text end 26.31 new text begin of Higher Education for the purposes of section 136A.127. new text end 26.32    Sec. 3. Minnesota Statutes 2006, section 41D.01, subdivision 1, is amended to read: 27.1    Subdivision 1. Establishment; membership. (a) The Minnesota Agriculture 27.2Education Leadership Council is established. The council is composed of 16 new text begin 17 new text end members 27.3as follows: 27.4    (1) the chair of the University of Minnesota agricultural education program; 27.5    (2) a representative of the commissioner of education; 27.6    (3) a representative of the Minnesota State Colleges and Universities recommended 27.7by the chancellor; 27.8    (4) the president and the president-elect of the Minnesota Association of Agriculture 27.9Educators; 27.10    (5) a representative of the Future Farmers of America Foundation; 27.11    (6) a representative of the commissioner of agriculture; 27.12    (7) the dean of the College of Agriculture, Food, and Environmental Sciences at the 27.13University of Minnesota; 27.14    (8) new text begin a representative of the Minnesota Private Colleges Council; new text end 27.15     new text begin (9) new text end two members representing agriculture education and agriculture business 27.16appointed by the governor; 27.17    (9) new text begin (10) new text end the chair of the senate Committee on Agriculture, General Legislation 27.18and Veterans Affairs; 27.19    (10) new text begin (11) new text end the chair of the house Committee on Agriculture; 27.20    (11) new text begin (12) new text end the ranking minority member of the senate Committee on Agriculture, 27.21General Legislation and Veterans Affairs, and a member of the senate Education 27.22Committee designated by the Subcommittee on Committees of the Committee on Rules 27.23and Administration; and 27.24    (12) new text begin (13) new text end the ranking minority member of the house Agriculture Committee, and a 27.25member of the house Education Committee designated by the speaker. 27.26    (b) An ex officio member of the council under paragraph (a), clause (1), (4), (7), 27.27(9), (10), (11), or (12) new text begin , or (13) new text end , may designate a permanent or temporary replacement 27.28member representing the same constituency. 27.29    Sec. 4. Minnesota Statutes 2006, section 120B.023, subdivision 2, is amended to read: 27.30    Subd. 2. Revisions and reviews required. (a) The commissioner of education must 27.31revise and appropriately embed technology and information literacy standards consistent 27.32with recommendations from school media specialists into the state's academic standards 27.33and graduation requirements and implement a review cycle for state academic standards 27.34and related benchmarks, consistent with this subdivision. During each review cycle, the 27.35commissioner also must examine the alignment of each required academic standard and 28.1related benchmark with the knowledge and skills students need for college readiness and 28.2advanced work in the particular subject area. 28.3    (b) The commissioner in the 2006-2007 school year must revise and align the state's 28.4academic standards and high school graduation requirements in mathematics to require 28.5that students satisfactorily complete the revised mathematics standards, beginning in the 28.62010-2011 school year. Under the revised standards: 28.7    (1) students must satisfactorily complete an algebra I credit by the end of eighth 28.8grade; and 28.9    (2) students scheduled to graduate in the 2014-2015 school year or later must 28.10satisfactorily complete an algebra II credit or its equivalent. 28.11The commissioner also must ensure that the statewide mathematics assessments 28.12administered to students in grades 3 through 8 and 11 beginning in the 2010-2011 28.13school year are aligned with the state academic standards in mathematics. The statewide 28.1411th grade mathematics test administered to students under clause (2) beginning in 28.15the 2013-2014 school year must include algebra II test items that are aligned with 28.16corresponding state academic standards in mathematics. new text begin The commissioner, in new text end 28.17 new text begin collaboration with the Minnesota State Colleges and Universities, must ensure that passing new text end 28.18 new text begin score for the statewide 11th grade mathematics test represents readiness for college so that new text end 28.19 new text begin a student who achieves a passing score on this test, upon graduation, is immediately ready new text end 28.20 new text begin to take college courses for college credit in a two-year or a four-year institution, consistent new text end 28.21 new text begin with section 135A.104. new text end The commissioner must implement a review of the academic 28.22standards and related benchmarks in mathematics beginning in the 2015-2016 school year. 28.23    (c) The commissioner in the 2007-2008 school year must revise and align the state's 28.24academic standards and high school graduation requirements in the arts to require that 28.25students satisfactorily complete the revised arts standards beginning in the 2010-2011 28.26school year. The commissioner must implement a review of the academic standards and 28.27related benchmarks in arts beginning in the 2016-2017 school year. 28.28    (d) The commissioner in the 2008-2009 school year must revise and align the state's 28.29academic standards and high school graduation requirements in science to require that 28.30students satisfactorily complete the revised science standards, beginning in the 2011-2012 28.31school year. Under the revised standards, students scheduled to graduate in the 2014-2015 28.32school year or later must satisfactorily complete a chemistry or physics credit. The 28.33commissioner must implement a review of the academic standards and related benchmarks 28.34in science beginning in the 2017-2018 school year. 28.35    (e) The commissioner in the 2009-2010 school year must revise and align the state's 28.36academic standards and high school graduation requirements in language arts to require 29.1that students satisfactorily complete the revised language arts standards beginning in the 29.22012-2013 school year. new text begin The commissioner, in collaboration with the Minnesota State new text end 29.3 new text begin Colleges and Universities, must ensure that the passing score for the statewide tenth new text end 29.4 new text begin grade reading and language arts test represents readiness for college so that a student who new text end 29.5 new text begin achieves a passing score on this test, upon graduation, is immediately ready to take college new text end 29.6 new text begin courses for college credit in a two-year or a four-year institution, consistent with section new text end 29.7 new text begin 135A.104. new text end The commissioner must implement a review of the academic standards and 29.8related benchmarks in language arts beginning in the 2018-2019 school year. 29.9    (f) The commissioner in the 2010-2011 school year must revise and align the state's 29.10academic standards and high school graduation requirements in social studies to require 29.11that students satisfactorily complete the revised social studies standards beginning in the 29.122013-2014 school year. The commissioner must implement a review of the academic 29.13standards and related benchmarks in social studies beginning in the 2019-2020 school year. 29.14    (g) School districts and charter schools must revise and align local academic 29.15standards and high school graduation requirements in health, physical education, world 29.16languages, and career and technical education to require students to complete the revised 29.17standards beginning in a school year determined by the school district or charter school. 29.18School districts and charter schools must formally establish a periodic review cycle for 29.19the academic standards and related benchmarks in health, physical education, world 29.20languages, and career and technical education. 29.21    Sec. 5. Minnesota Statutes 2006, section 120B.024, is amended to read: 29.22120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS. 29.23    (a) Students beginning 9th grade in the 2004-2005 school year and later must 29.24successfully complete the following high school level course credits for graduation: 29.25    (1) four credits of language arts; 29.26    (2) three credits of mathematics, encompassing at least algebra, geometry, statistics, 29.27and probability sufficient to satisfy the academic standard; 29.28    (3) three credits of science, including at least one credit in biology; 29.29    (4) three and one-half credits of social studies, encompassing at least United 29.30States history, geography, government and citizenship, world history, and economics or 29.31three credits of social studies encompassing at least United States history, geography, 29.32government and citizenship, and world history, and one-half credit of economics taught in 29.33a school's social studies, agriculture education, or business department; 29.34    (5) one credit in the arts; and 29.35    (6) a minimum of seven elective course credits. 30.1    A course credit is equivalent to a student successfully completing an academic 30.2year of study or a student mastering the applicable subject matter, as determined by the 30.3local school district. 30.4    (b) An agriculture science course may fulfill a science credit requirement in addition 30.5to the specified science credits in biology and chemistry or physics under paragraph (a), 30.6clause (3). 30.7     new text begin (c) The commissioner, in collaboration with the Minnesota State Colleges and new text end 30.8 new text begin Universities, must develop and implement a statewide plan to communicate with all new text end 30.9 new text begin Minnesota high school students no later than the beginning of ninth grade the state's new text end 30.10 new text begin expectations for college readiness, consistent with sections 120B.023, subdivision 2, new text end 30.11 new text begin paragraphs (b) and (e), and 135A.104. new text end 30.12    Sec. 6. Minnesota Statutes 2006, section 135A.031, subdivision 7, is amended to read: 30.13    Subd. 7. Reports. Instructional expenditure and enrollment data for each 30.14instructional category shall be submitted new text begin by the public postsecondary systems to the new text end 30.15 new text begin Minnesota Office of Higher Education and the Department of Finance and included new text end in the 30.16biennial budget document. new text begin The specific data shall be submitted only after the director of new text end 30.17 new text begin the Minnesota Office of Higher Education has consulted with a data advisory task force to new text end 30.18 new text begin determine the need, content, and detail of the information. new text end 30.19    Sec. 7. new text begin [135A.043] RESIDENT TUITION. new text end 30.20     new text begin (a) A student shall qualify for a resident tuition rate or its equivalent at state new text end 30.21 new text begin universities and colleges, including the University of Minnesota, if the student meets new text end 30.22 new text begin all of the following requirements: new text end 30.23     new text begin (1) high school attendance within the state for three or more years; new text end 30.24     new text begin (2) graduation from a state high school or attainment within the state of the new text end 30.25 new text begin equivalent of high school graduation; and new text end 30.26     new text begin (3) registration as an entering student at, or current enrollment in, a public institution new text end 30.27 new text begin of higher education. new text end 30.28     new text begin (b) This section is in addition to any other statute, rule, or higher education new text end 30.29 new text begin institution regulation or policy providing eligibility for a resident tuition rate or its new text end 30.30 new text begin equivalent to a student. new text end 30.31     new text begin (c) To qualify for resident tuition under this section an individual who is not a citizen new text end 30.32 new text begin or permanent resident of the United States must provide the college or university with new text end 30.33 new text begin an affidavit that the individual will file an application to become a permanent resident at new text end 30.34 new text begin the earliest opportunity the individual is eligible to do so. new text end 31.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 31.2 new text begin and applies to tuition for school terms commencing on or after that date. new text end 31.3    Sec. 8. Minnesota Statutes 2006, section 135A.053, subdivision 2, is amended to read: 31.4    Subd. 2. Performance and accountability. Higher education systems and 31.5campuses are expected to achieve the objectives in subdivision 1 and will be held 31.6accountable for doing so. The legislature is increasing the flexibility of the systems and 31.7campuses to provide greater responsibility to higher education in deciding how to achieve 31.8statewide objectives, and to decentralize authority so that those decisions can be made 31.9at the level where the education is delivered. To demonstrate their accountability, the 31.10legislature expects each system and campus to measure and report on its performance, 31.11using meaningful indicators that are critical to achieving the objectives in subdivision 1, 31.12as provided in section . Nothing in this section precludes a system or campus 31.13from determining its own objectives and performance measures beyond those identified 31.14in this section. 31.15    Sec. 9. new text begin [135A.104] COLLEGE READINESS. new text end 31.16     new text begin (a) Minnesota State Colleges and Universities must collaborate with the new text end 31.17 new text begin commissioner of education in establishing passing scores on the Minnesota comprehensive new text end 31.18 new text begin assessments in reading for grade 10 and in mathematics for grade 11 under section new text end 31.19 new text begin 120B.30 so that "passing score" performances on those two assessments represent a new text end 31.20 new text begin student's college readiness. For purposes of this section and chapter 120B, "college new text end 31.21 new text begin readiness" means that a student who graduates from a public high school is immediately new text end 31.22 new text begin ready to take college courses for college credit in a two-year or a four-year institution. new text end 31.23 new text begin Minnesota State Colleges and Universities also must collaborate with the commissioner of new text end 31.24 new text begin education to develop and implement a statewide plan to communicate with all Minnesota new text end 31.25 new text begin high school students no later than the beginning of ninth grade the state's expectations for new text end 31.26 new text begin college readiness. new text end 31.27     new text begin (b) The entrance and admission materials that the Minnesota State Colleges and new text end 31.28 new text begin Universities provide to prospective students must clearly indicate the level of academic new text end 31.29 new text begin preparation that the students must have in order to be ready to immediately take college new text end 31.30 new text begin courses for college credit in two-year and four-year institutions. new text end 31.31    Sec. 10. Minnesota Statutes 2006, section 135A.14, subdivision 1, is amended to read: 31.32    Subdivision 1. Definitions. As used in this section, the following terms have the 31.33meanings given them. 32.1    (a) "Administrator" means the administrator of the institution or other person with 32.2general control and supervision of the institution. 32.3    (b) "Public or private postsecondary educational institution" or "institution" means 32.4any of the following institutions having an enrollment of more than 100 persons during 32.5any quarter, term, or semester during the preceding year: (1) the University of Minnesota; 32.6(2) the state universities; (3) the state community colleges; (4) public technical colleges; 32.7(5) private four-year, professional and graduate institutions; (6) private two-year colleges; 32.8and (7) schools subject to either chapter 141, sections new text begin 136A.615 new text end to 136A.71, or 32.9schools exempt under section 136A.657, and which offer educational programs within the 32.10state for an academic year greater than six consecutive months. An institution's report to 32.11the Minnesota Office of Higher Education or the Minnesota Department of Education may 32.12be considered when determining enrollment. 32.13    (c) "Student" means a person born after 1956 who did not graduate from a Minnesota 32.14high school in 1997 or later, and who is (1) registering for more than one class during 32.15a full academic term, such as a quarter or a semester or (2) housed on campus and is 32.16registering for one or more classes. Student does not include persons enrolled in extension 32.17classes only or correspondence classes only. 32.18    Sec. 11. Minnesota Statutes 2006, section 135A.51, subdivision 2, is amended to read: 32.19    Subd. 2. Senior citizen. "Senior citizen" means a person who has reached 62 years 32.20of age before the beginning of any term, semester or quarter, in which a course of study 32.21is pursued new text begin , or a person receiving a railroad retirement annuity who has reached 60 years new text end 32.22 new text begin of age before the beginning of the term new text end . 32.23    Sec. 12. Minnesota Statutes 2006, section 135A.52, subdivision 1, is amended to read: 32.24    Subdivision 1. Fees and tuition. Except for an administration fee established by the 32.25governing board at a level to recover costs, to be collected only when a course is taken for 32.26credit, a senior citizen who is a legal resident of Minnesota is entitled without payment 32.27of tuition or activity fees to attend courses offered for credit, audit any courses offered 32.28for credit, or enroll in any noncredit courses in any state supported institution of higher 32.29education in Minnesota when space is available after all tuition-paying students have been 32.30accommodated. A senior citizen enrolled under this section must pay any materials, 32.31personal property, or service charges for the course. In addition, a senior citizen who is 32.32enrolled in a course for credit must pay an administrative fee in an amount established 32.33by the governing board of the institution to recover the course costs. There shall be no 32.34administrative fee charges to a senior citizen auditing a course. For the purposes of this 33.1section and section 135A.51, the term "noncredit courses" shall not include those courses 33.2designed and offered specifically and exclusively for senior citizens. 33.3    The provisions of this section and section 135A.51 do not apply to noncredit courses 33.4designed and offered by the University of Minnesota, and the Minnesota State Colleges 33.5and Universities specifically and exclusively for senior citizens. Senior citizens enrolled 33.6under the provisions of this section and section 135A.51 shall not be included by such 33.7institutions in their computation of full-time equivalent students when requesting staff 33.8or appropriations. 33.9    Sec. 13. Minnesota Statutes 2006, section 135A.52, subdivision 2, is amended to read: 33.10    Subd. 2. Term; income of senior citizens. (a) Except under paragraph (b), there 33.11shall be no limit to the number of terms, quarters or semesters a senior citizen may attend 33.12courses, nor income limitation imposed in determining eligibility. 33.13    (b) A senior citizen enrolled in a closed enrollment contract training or professional 33.14continuing education program is not eligible for benefits under subdivision 1. 33.15    Sec. 14. new text begin [136A.002] DEFINITIONS. new text end 33.16     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin For purposes of this chapter, the terms defined in this section new text end 33.17 new text begin have the meanings given them. new text end 33.18     new text begin Subd. 2. new text end new text begin Office of Higher Education or office. new text end new text begin "Office of Higher Education" or new text end 33.19 new text begin "office" means the Minnesota Office of Higher Education. new text end 33.20    Sec. 15. Minnesota Statutes 2006, section 136A.01, subdivision 2, is amended to read: 33.21    Subd. 2. Responsibilities. The Minnesota Office of Higher Education is responsible 33.22for: 33.23    (1) necessary state level administration of financial aid programs, including 33.24accounting, auditing, and disbursing state and federal financial aid funds, and reporting on 33.25financial aid programs to the governor and the legislature; 33.26    (2) approval, registration, licensing, and financial aid eligibility of private collegiate 33.27and career schools, under sections new text begin 136A.615 new text end to 136A.71 and chapter 141; 33.28    (3) administering the Learning Network of Minnesota; 33.29    (4) negotiating and administering reciprocity agreements; 33.30    (5) publishing and distributing financial aid information and materials, and other 33.31information and materials under section 136A.87, to students and parents; 34.1    (6) collecting and maintaining student enrollment and financial aid data and 34.2reporting data on students and postsecondary institutions to develop and implement a 34.3process to measure and report on the effectiveness of postsecondary institutions; 34.4    (7) administering the federal programs that affect students and institutions on a 34.5statewide basis; and 34.6    (8) prescribing policies, procedures, and rules under chapter 14 necessary to 34.7administer the programs under its supervision. 34.8    Sec. 16. Minnesota Statutes 2006, section 136A.031, subdivision 5, is amended to read: 34.9    Subd. 5. Expiration. Notwithstanding section 15.059, subdivision 5, the advisory 34.10groups established in this section new text begin do not new text end expire on June 30, 2007. 34.11    Sec. 17. Minnesota Statutes 2006, section 136A.0411, is amended to read: 34.12136A.0411 COLLECTING FEES. 34.13    The office may charge fees for seminars, conferences, workshops, services, and 34.14materials. The office may collect fees for registration and licensure of private institutions 34.15under sections new text begin 136A.615 new text end to 136A.71 and chapter 141. The money is annually 34.16appropriated to the office. 34.17    Sec. 18. Minnesota Statutes 2006, section 136A.08, subdivision 7, is amended to read: 34.18    Subd. 7. Reporting. The Minnesota Office of Higher Education must annually, 34.19before the last day in January, submit a report to the committees in the house of 34.20representatives and the senate with responsibility for higher education finance on: 34.21    (1) participation in the tuition reciprocity program by Minnesota students and 34.22students from other states attending Minnesota postsecondary institutions under a 34.23reciprocity agreement; 34.24    (2) reciprocity and resident tuition rates at each institution; and 34.25    (3) interstate payments and obligations for each state participating in the tuition 34.26reciprocity program in the prior year. new text begin ; and new text end 34.27     new text begin (4) summary statistics on number of graduates by institution, degree granted, and new text end 34.28 new text begin year of graduation for reciprocity students who attended Minnesota postsecondary new text end 34.29 new text begin institutions. new text end 34.30    Sec. 19. Minnesota Statutes 2006, section 136A.101, subdivision 4, is amended to read: 34.31    Subd. 4. Eligible institution. "Eligible institution" means a postsecondary 34.32educational institution located in this state or in a state with which the office has entered 35.1into a higher education reciprocity agreement on state student aid programs that either (1) 35.2is operated by this state new text begin or the Board of Regents of the University of Minnesota new text end , or (2) is 35.3operated publicly or privately and, as determined by the office, new text begin meets all of the following: new text end 35.4 new text begin (i) new text end maintains academic standards substantially equivalent to those of comparable 35.5institutions operated in this state new text begin ; (ii) is licensed or registered as a postsecondary institution new text end 35.6 new text begin by the office or another state agency; and (iii) by July 1, 2011, is participating in the federal new text end 35.7 new text begin Pell Grant program under Title IV of the Higher Education Act of 1965, as amended new text end . 35.8    Sec. 20. Minnesota Statutes 2006, section 136A.121, subdivision 5, is amended to read: 35.9    Subd. 5. Grant stipends. The grant stipend shall be based on a sharing of 35.10responsibility for covering the recognized cost of attendance by the applicant, the 35.11applicant's family, and the government. The amount of a financial stipend must not 35.12exceed a grant applicant's recognized cost of attendance, as defined in subdivision 6, after 35.13deducting the following: 35.14    (1) the assigned student responsibility of at least 46 new text begin 45.5 new text end percent of the cost of 35.15attending the institution of the applicant's choosing; 35.16    (2) the assigned family responsibility as defined in section 136A.101; and 35.17    (3) the amount of a federal Pell grant award for which the grant applicant is eligible. 35.18    The minimum financial stipend is $100 per academic year. 35.19    Sec. 21. Minnesota Statutes 2006, section 136A.125, subdivision 2, is amended to read: 35.20    Subd. 2. Eligible students. (a) An applicant is eligible for a child care grant if 35.21the applicant: 35.22    (1) is a resident of the state of Minnesota; 35.23    (2) has a child 12 years of age or younger, or 14 years of age or younger who is 35.24disabled as defined in section 125A.02, and who is receiving or will receive care on a 35.25regular basis from a licensed or legal, nonlicensed caregiver; 35.26    (3) is income eligible as determined by the office's policies and rules, but is not a 35.27recipient of assistance from the Minnesota family investment program; 35.28    (4) has not earned a baccalaureate degree and has been enrolled full time less than 35.29eight semesters or the equivalent; 35.30    (5) is pursuing a nonsectarian program or course of study that applies to an 35.31undergraduate degree, diploma, or certificate; 35.32    (6) is enrolled at least half time in an eligible institution; and 35.33    (7) is in good academic standing and making satisfactory academic progress. 36.1    (b) A student who withdraws from enrollment for active military service is entitled 36.2to an additional semester or the equivalent of grant eligibility new text begin and will be considered to be new text end 36.3 new text begin in continuing enrollment status upon return new text end . 36.4    Sec. 22. new text begin [136A.126] TEACHER EDUCATION AND COMPENSATION HELPS; new text end 36.5 new text begin MINNESOTA EARLY CHILDHOOD TEACHER RETENTION PROGRAMS. new text end 36.6     new text begin Subdivision 1. new text end new text begin TEACH. new text end new text begin The teacher education and compensation helps program new text end 36.7 new text begin (TEACH) is established to provide tuition scholarships, education incentives, and an early new text end 36.8 new text begin childhood teacher retention program to provide retention incentives to early care and new text end 36.9 new text begin education providers. The director shall make a grant with appropriations for this purpose new text end 36.10 new text begin to a nonprofit organization licensed to administer the TEACH early childhood program. new text end 36.11     new text begin Subd. 2. new text end new text begin Program components. new text end new text begin (a) The nonprofit organization must use the new text end 36.12 new text begin grant for: new text end 36.13     new text begin (1) tuition scholarships up to $5,000 per year for courses leading to the nationally new text end 36.14 new text begin recognized child development associate credential or college-level courses leading to an new text end 36.15 new text begin associate's or bachelor's degree in early childhood development and school-age care; and new text end 36.16     new text begin (2) education incentives of a minimum of $100 to participants in the tuition new text end 36.17 new text begin scholarship program if they complete a year of working in the early care and education new text end 36.18 new text begin field. new text end 36.19     new text begin (b) Applicants for the scholarship must be employed by a licensed early childhood new text end 36.20 new text begin or child care program and working directly with children, a licensed family child care new text end 36.21 new text begin provider, or an employee in a school-age program exempt from licensing under section new text end 36.22 new text begin 245A.03, subdivision 2, clause (12). Lower wage earners must be given priority in new text end 36.23 new text begin awarding the tuition scholarships. Scholarship recipients must contribute ten percent of new text end 36.24 new text begin the total scholarship and must be sponsored by their employers, who must also contribute new text end 36.25 new text begin ten percent of the total scholarship. Scholarship recipients who are self-employed must new text end 36.26 new text begin contribute 20 percent of the total scholarship. new text end 36.27     new text begin (c) The organization must also use the grant for teacher retention incentives of new text end 36.28 new text begin $1,000 to $3,500 annually to be paid biannually. Applicants for the retention incentives new text end 36.29 new text begin must be employed by a licensed early childhood or child care program and working new text end 36.30 new text begin directly with children, a licensed family child care provider, or an employee in a new text end 36.31 new text begin school-age program exempt from licensing under section 245A.03, subdivision 2, clause new text end 36.32 new text begin (12). Lower wage earners must be given priority for the retention incentives. The amount new text end 36.33 new text begin of the retention incentive must be based on the applicant's level of education at the time of new text end 36.34 new text begin application. A provider is eligible for the retention incentive if the provider: new text end 37.1     new text begin (1) has worked in the field for at least one year and has been working at the same new text end 37.2 new text begin location for at least one year at the time of application; new text end 37.3     new text begin (2) agrees to remain in the provider's current position for a period of at least one new text end 37.4 new text begin year; and new text end 37.5     new text begin (3) has an associate's or bachelor's degree or a child development associate's degree. new text end 37.6     new text begin Subd. 3. new text end new text begin Advisory committee. new text end new text begin The TEACH early childhood and Minnesota early new text end 37.7 new text begin childhood teacher retention programs must have an advisory board as prescribed by the new text end 37.8 new text begin national TEACH organization. new text end 37.9    Sec. 23. new text begin [136A.127] CONSTRUCTION MANAGEMENT EDUCATION new text end 37.10 new text begin PROGRAM. new text end 37.11     new text begin Subdivision 1. new text end new text begin Construction Management Education Account Advisory new text end 37.12 new text begin Committee. new text end new text begin The director must establish an advisory committee for the construction new text end 37.13 new text begin management education account. Members of the committee must include: the executive new text end 37.14 new text begin vice-president of the Minnesota Mechanical Contractors association or designee, a new text end 37.15 new text begin chapter manager of one of the Minnesota chapters of the National Electrical Contractors new text end 37.16 new text begin Association or designee, the executive director of the Associated General Contractors of new text end 37.17 new text begin Minnesota or designee, two members of the nonresidential construction industry, and a new text end 37.18 new text begin construction management program coordinator or director from an accredited construction new text end 37.19 new text begin management program in the Minnesota State Colleges and Universities. Members serve new text end 37.20 new text begin three-year terms. Advisory committee members are reimbursed for expenses related to new text end 37.21 new text begin committee activities. The director may accept funds from federal, state, or local public new text end 37.22 new text begin agencies, or from private foundations or individuals for deposit into the construction new text end 37.23 new text begin management education account under section 16B.70. All money in the account must new text end 37.24 new text begin be used for the purposes of this section. new text end 37.25     new text begin Subd. 2. new text end new text begin Grants. new text end new text begin Grants from the construction management education account must new text end 37.26 new text begin be used to maintain and increase the quality and availability of education programs for new text end 37.27 new text begin the construction industry by awarding grants to accredited construction management new text end 37.28 new text begin programs in the Minnesota State Colleges and Universities. Grants must be used to new text end 37.29 new text begin maintain and upgrade facilities and provide greater industry access to modern construction new text end 37.30 new text begin standards and management practices. In making grants, the director, in consultation with new text end 37.31 new text begin the committee, must: new text end 37.32     new text begin (1) confirm the qualifications of any program applying for a grant; new text end 37.33     new text begin (2) affirm applications for American Council for Construction Education new text end 37.34 new text begin accreditation and, when funds are available, award grants to complete the accreditation new text end 37.35 new text begin process; new text end 38.1     new text begin (3) promote close ties between technical and community colleges and four-year new text end 38.2 new text begin construction management programs; and new text end 38.3     new text begin (4) support the development of new educational programs with specific emphasis on new text end 38.4 new text begin outreach to the construction industry at large. new text end 38.5     new text begin Subd. 3. new text end new text begin Grant awards. new text end new text begin (a) The committee may award grants to a Minnesota State new text end 38.6 new text begin Colleges and Universities institution to support construction management education and to new text end 38.7 new text begin promote outreach and continuing education in the construction industry. new text end 38.8     new text begin (b) An eligible institution must provide one of the following: new text end 38.9     new text begin (1) a bachelor of science construction management degree accredited by the new text end 38.10 new text begin American Council for Construction Education; new text end 38.11     new text begin (2) a degree with an American Council for Construction Education accredited new text end 38.12 new text begin option, including, but not limited to, Engineering Technology and Industrial Technology; new text end 38.13     new text begin (3) a bachelor of science degree program documenting placement of more than 50 new text end 38.14 new text begin percent of their graduates with Minnesota nonresidential contractors; and new text end 38.15     new text begin (4) the development of a construction management curriculum to meet the American new text end 38.16 new text begin Council for Construction Education criteria. new text end 38.17     new text begin (c) Grant awards may be made as follows: new text end 38.18     new text begin (1) $3,000 per graduate during the past academic year up to a maximum of $100,000 new text end 38.19 new text begin for institutions qualifying under paragraph (b), clause (1); new text end 38.20     new text begin (2) $3,000 per graduate during the past academic year up to a maximum of $100,000 new text end 38.21 new text begin for institutions qualifying under paragraph (b), clause (2); new text end 38.22     new text begin (3) $3,000 per graduate placed with Minnesota nonresidential contractors during the new text end 38.23 new text begin past academic year to a maximum of $20,000 for institutions qualifying under paragraph new text end 38.24 new text begin (b), clause (3); new text end 38.25     new text begin (4) up to $25,000 for the purpose of becoming accredited by the American Council new text end 38.26 new text begin for Construction Education for two years which may be renewed if the institution is new text end 38.27 new text begin continuing progress towards accreditation; and new text end 38.28     new text begin (5) for faculty recruitment and development in construction management programs, new text end 38.29 new text begin including support for postgraduate work leading to advanced degrees, visiting lecturer new text end 38.30 new text begin compensation and expenses, teaching assistant positions, and faculty positions; and new text end 38.31     new text begin (6) to support general classroom and laboratory operating expenses. new text end 38.32     new text begin Grants may only be awarded from the construction management education account new text end 38.33 new text begin to the extent that funds are available. No other state funding may be provided for these new text end 38.34 new text begin grants. new text end 38.35     new text begin Subd. 4. new text end new text begin Reports. new text end new text begin (a) The director must annually report to the committees of the new text end 38.36 new text begin legislature responsible for higher education finance by January 15. The report must new text end 39.1 new text begin include the names of the public postsecondary educational institutions receiving grants, the new text end 39.2 new text begin amount of the grant, the purposes for each grant, the number of students served, and the new text end 39.3 new text begin number of placements made to the construction industry for the previous academic year. new text end 39.4     new text begin (b) After receiving an initial grant, the president of the public postsecondary new text end 39.5 new text begin educational institution must annually submit a report to the director listing the amount of new text end 39.6 new text begin all past grants awarded from the construction management education account and the uses new text end 39.7 new text begin of those funds. The report must be submitted with a request for a new or continuing grant new text end 39.8 new text begin and at a minimum must include the following: new text end 39.9     new text begin (1) the number of graduates placed with the Minnesota contractors during the new text end 39.10 new text begin previous academic year; new text end 39.11     new text begin (2) the expected enrollment in construction management courses in the upcoming new text end 39.12 new text begin academic year; and new text end 39.13     new text begin (3) continuing education and extension courses offered in construction management new text end 39.14 new text begin during the previous academic year and their enrollments. new text end 39.15     new text begin Subd. 5. new text end new text begin Administration. new text end new text begin Up to $15,000 per year from the construction new text end 39.16 new text begin management education account may be used for the administration of this program. new text end 39.17    Sec. 24. Minnesota Statutes 2006, section 136A.15, subdivision 1, is amended to read: 39.18    Subdivision 1. Scope. For purposes of sections 136A.15 to 136A.1702, the terms 39.19defined in this section have the meanings ascribed to new text begin given new text end them. 39.20    Sec. 25. Minnesota Statutes 2006, section 136A.15, subdivision 6, is amended to read: 39.21    Subd. 6. Eligible institution. "Eligible institution" means a postsecondary 39.22educational institution that either (1) is operated or regulated by this state, or new text begin the Board of new text end 39.23 new text begin Regents of the University of Minnesota; new text end (2) is operated publicly or privately in another 39.24state, is approved by the United States Secretary of Education, and, as determined by 39.25the office, maintains academic standards substantially equal to those of comparable 39.26institutions operated in this state new text begin ; (3) is licensed or registered as a postsecondary institution new text end 39.27 new text begin by the office or another state agency; and (4) by July 1, 2011, is participating in the federal new text end 39.28 new text begin Pell Grant program under Title IV of the Higher Education Act of 1965, as amended new text end . It 39.29also includes any institution chartered in a province. 39.30    Sec. 26. new text begin [136A.1704] LOAN FORGIVENESS PROGRAM FOR new text end 39.31 new text begin SPEECH-LANGUAGE PATHOLOGISTS. new text end 39.32     new text begin Subdivision 1. new text end new text begin Creation of account. new text end new text begin A loan forgiveness program account is new text end 39.33 new text begin established in the special revenue fund in the state treasury to promote the recruitment and new text end 40.1 new text begin retention of licensed speech-language pathologists to work with students with speech or new text end 40.2 new text begin hearing disorders. Money appropriated to this account does not cancel but is available new text end 40.3 new text begin until expended. Money in the account is appropriated to the director of the Minnesota new text end 40.4 new text begin Office of Higher Education for the purpose of this section. new text end 40.5     new text begin Subd. 2. new text end new text begin Eligibility for loan forgiveness. new text end new text begin A student loan administered by the new text end 40.6 new text begin Minnesota Office of Higher Education under section 136A.16, subdivision 1, may be new text end 40.7 new text begin forgiven if the recipient graduates from a postsecondary institution with a degree in new text end 40.8 new text begin speech-language pathology, becomes licensed to work with students with speech and new text end 40.9 new text begin hearing disorders as defined in Minnesota Rules, part 3525.1343, and is employed as a new text end 40.10 new text begin speech-language pathologist with primary responsibilities to work with students who are new text end 40.11 new text begin diagnosed with speech or hearing disorders. new text end 40.12     new text begin Subd. 3. new text end new text begin Loan forgiveness. new text end new text begin (a) To the extent of available appropriations, one-fourth new text end 40.13 new text begin of the principal of the outstanding loan amount shall be forgiven for each year of eligible new text end 40.14 new text begin employment or a pro rata amount for eligible employment during part of a school year, new text end 40.15 new text begin part-time employment, or other eligible part-time work. Loans for $2,500 or less may be new text end 40.16 new text begin forgiven at the rate of up to $1,250 per year. Employment with the following Minnesota new text end 40.17 new text begin schools and programs is eligible for determining loan forgiveness: new text end 40.18     new text begin (1) a school or program operated by a school district or a group of school districts; new text end 40.19     new text begin (2) a tribal contract school eligible to receive aid according to section 124D.83; new text end 40.20     new text begin (3) a charter school; new text end 40.21     new text begin (4) a private school; new text end 40.22     new text begin (5) a Head Start program; new text end 40.23     new text begin (6) an early childhood family education program; or new text end 40.24     new text begin (7) a program providing early intervention services to children with disabilities new text end 40.25 new text begin who have not entered kindergarten. new text end 40.26     new text begin (b) If an eligible recipient has an outstanding loan administered by the Minnesota new text end 40.27 new text begin Office of Higher Education, the duty to make payments of principal and interest may new text end 40.28 new text begin be deferred during any time period the person is enrolled at least one-half time in an new text end 40.29 new text begin advanced degree program in a field related to working with students with speech or new text end 40.30 new text begin hearing disabilities. To defer loan obligations, the person shall provide written notification new text end 40.31 new text begin to the Minnesota Office of Higher Education. new text end 40.32     new text begin (c) The Minnesota Office of Higher Education shall approve the loan forgiveness new text end 40.33 new text begin and deferral, and develop procedures to administer the program. new text end 40.34    Sec. 27. Minnesota Statutes 2006, section 136A.233, subdivision 3, is amended to read: 41.1    Subd. 3. Payments. Work-study payments shall be made to eligible students by 41.2postsecondary institutions as provided in this subdivision. 41.3    (a) Students shall be selected for participation in the program by the postsecondary 41.4institution on the basis of student financial need. 41.5    (b) In selecting students for participation, priority must be given to students enrolled 41.6for at least 12 credits. new text begin In each academic year, a student may be awarded work-study new text end 41.7 new text begin payments for one period of nonenrollment or less than half-time enrollment if the student new text end 41.8 new text begin will enroll on at least a half-time basis during the following academic term. new text end 41.9    (c) Students will be paid for hours actually worked and the maximum hourly rate 41.10of pay shall not exceed the maximum hourly rate of pay permitted under the federal 41.11college work-study program. 41.12    (d) Minimum pay rates will be determined by an applicable federal or state law. 41.13    (e) The office shall annually establish a minimum percentage rate of student 41.14compensation to be paid by an eligible employer. 41.15    (f) Each postsecondary institution receiving money for state work-study grants 41.16shall make a reasonable effort to place work-study students in employment with eligible 41.17employers outside the institution. However, a public employer other than the institution 41.18may not terminate, lay off, or reduce the working hours of a permanent employee for the 41.19purpose of hiring a work-study student, or replace a permanent employee who is on layoff 41.20from the same or substantially the same job by hiring a work-study student. 41.21    (g) The percent of the institution's work-study allocation provided to graduate 41.22students shall not exceed the percent of graduate student enrollment at the participating 41.23institution. 41.24    (h) An institution may use up to 30 percent of its allocation for student internships 41.25with private, for-profit employers. 41.26    Sec. 28. Minnesota Statutes 2006, section 136A.29, subdivision 9, is amended to read: 41.27    Subd. 9. Revenue bonds; limit. The authority is authorized and empowered 41.28to issue revenue bonds whose aggregate principal amount at any time shall not exceed 41.29$800,000,000 new text begin $950,000,000 new text end and to issue notes, bond anticipation notes, and revenue 41.30refunding bonds of the authority under the provisions of sections 136A.25 to 136A.42, 41.31to provide funds for acquiring, constructing, reconstructing, enlarging, remodeling, 41.32renovating, improving, furnishing, or equipping one or more projects or parts thereof. 41.33    Sec. 29. Minnesota Statutes 2006, section 136A.861, subdivision 1, is amended to read: 42.1    Subdivision 1. Grants. The director of the Minnesota Office of Higher Education 42.2shall award grants to foster postsecondary attendance new text begin and retention new text end by providing outreach 42.3services to historically underserved students in grades six through 12 new text begin and historically new text end 42.4 new text begin underrepresented college students new text end . Grants must be awarded to programs that provide 42.5precollege services, including, but not limited to: 42.6    (1) academic counseling; 42.7    (2) mentoring; 42.8    (3) fostering and improving parental involvement in planning for and facilitating a 42.9college education; 42.10    (4) services for students with English as a second language; 42.11    (5) academic enrichment activities; 42.12    (6) tutoring; 42.13    (7) career awareness and exploration; 42.14    (8) orientation to college life; 42.15    (9) assistance with high school course selection and information about college 42.16admission requirements; and 42.17    (10) financial aid counseling. 42.18    Grants shall be awarded to postsecondary institutions, professional organizations, 42.19community-based organizations, or others deemed appropriate by the director. 42.20    Grants shall be awarded for one year and may be renewed for a second year with 42.21documentation to the Minnesota Office of Higher Education of successful program 42.22outcomes. 42.23    Sec. 30. Minnesota Statutes 2006, section 136A.861, subdivision 2, is amended to read: 42.24    Subd. 2. Eligible students. Eligible students include students in grades six through 42.2512 who meet one or more of the following criteria: 42.26    (1) are counted under section 1124(c) of the Elementary and Secondary Education 42.27Act of 1965 (Title I); 42.28    (2) are eligible for free or reduced-price lunch under the National School Lunch Act; 42.29    (3) receive assistance under the Temporary Assistance for Needy Families Law (Title 42.30I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996); or 42.31    (4) are a member of a group traditionally underrepresented in higher education. 42.32     new text begin Eligible undergraduate students include those who met the student eligibility criteria new text end 42.33 new text begin as 6th through 12th graders. new text end 42.34    Sec. 31. Minnesota Statutes 2006, section 136A.861, subdivision 3, is amended to read: 43.1    Subd. 3. Application process. The director of the Minnesota Office of Higher 43.2Education shall develop a grant application process. The director shall attempt to support 43.3projects in a manner that ensures that eligible students throughout the state have access 43.4to precollege new text begin program new text end services. 43.5    The grant application must include, at a minimum, the following information: 43.6    (1) a description of the characteristics of the students to be served reflective of the 43.7need for services listed in subdivision 1; 43.8    (2) a description of the services to be provided and a timeline for implementation of 43.9the activities; 43.10    (3) a description of how the services provided will foster postsecondary attendance new text begin new text end 43.11 new text begin and support postsecondary retention new text end ; 43.12    (4) a description of how the services will be evaluated to determine whether the 43.13program goals were met; and 43.14    (5) other information as identified by the director. 43.15Grant recipients must specify both program and student outcome goals, and performance 43.16measures for each goal. 43.17    Sec. 32. Minnesota Statutes 2006, section 136A.861, subdivision 6, is amended to read: 43.18    Subd. 6. Program evaluation. Each grant recipient must annually submit a report 43.19to the Minnesota Office of Higher Education delineating its program and student outcome 43.20goals, and activities implemented to achieve the stated outcomes. The goals must be 43.21clearly stated and measurable. Grant recipients are required to collect, analyze, and report 43.22on participation and outcome data that enable the office to verify that the program goals 43.23were met. The office shall maintain: 43.24    (1) information about successful precollege program new text begin and undergraduate student new text end 43.25 new text begin retention program new text end activities for dissemination to individuals throughout the state interested 43.26in adopting or replicating successful program practices; and 43.27    (2) data on the success of the funded projects in increasing the high school 43.28graduation and new text begin , new text end college participation new text begin , and college graduation new text end rates of students served 43.29by the grant recipients. The office may convene meetings of the grant recipients, as 43.30needed, to discuss issues pertaining to the implementation of precollege services new text begin and new text end 43.31 new text begin undergraduate retention programs new text end . 43.32    Sec. 33. Minnesota Statutes 2006, section 136F.02, subdivision 1, is amended to read: 43.33    Subdivision 1. Membership. The board consists of 15 new text begin 17 new text end members appointed by 43.34the governor with the advice and consent of the senate. At least one member of the board 44.1must be a resident of each congressional district. Three members must be students who are 44.2enrolled at least half time in a degree, diploma, or certificate program or have graduated 44.3from an institution governed by the board within one year of the date of appointment. The 44.4student members shall include: one member from a community college, one member from 44.5a state university, and one member from a technical college. new text begin Two members must be new text end 44.6 new text begin members of the AFL-CIO. new text end The remaining members must be appointed to represent the 44.7state at large. 44.8    Sec. 34. new text begin [136F.045] UNION MEMBER SELECTION. new text end 44.9     new text begin Notwithstanding section 136F.03, the AFL-CIO has the responsibility for recruiting, new text end 44.10 new text begin screening, and recommending qualified candidates for their members of the board. The new text end 44.11 new text begin AFL-CIO must develop a statement of selection criteria for board membership and a new text end 44.12 new text begin process for recommending candidates. Beginning in 2008, and every six years thereafter, new text end 44.13 new text begin the AFL-CIO must recommend four candidates for the two board positions to the governor new text end 44.14 new text begin by April 15. The governor must appoint two of the candidates to the board of trustees. new text end 44.15    Sec. 35. Minnesota Statutes 2006, section 136F.42, subdivision 1, is amended to read: 44.16    Subdivision 1. Time reporting. As provided in Executive Order 96-2, the board, 44.17in consultation with the commissioners of employee relations and finance, may develop 44.18policies to allow system office or campus employees on salaries, as defined in section 44.1943A.17, subdivision 1 , to use negative time reporting in which employees report only that 44.20time for which leave is taken. By the end of the 1997 fiscal year, the board, in consultation 44.21with the commissioners of employee relations and finance, shall evaluate the use of 44.22negative time reporting and its potential for use with other state employees. 44.23    Sec. 36. Minnesota Statutes 2006, section 136F.71, subdivision 2, is amended to read: 44.24    Subd. 2. Activity funds. All receipts attributable to the state colleges and 44.25universities activity funds and deposited in the state treasury are appropriated to the board 44.26and are not subject to budgetary control as exercised by the commissioner of finance. 44.27    Sec. 37. Minnesota Statutes 2006, section 136F.71, is amended by adding a subdivision 44.28to read: 44.29     new text begin Subd. 4. new text end new text begin Banking services. new text end new text begin Notwithstanding section 16A.27, the board shall new text end 44.30 new text begin have authority to control the amount and manner of deposit of all receipts described in new text end 44.31 new text begin this section in depositories selected by the board. The board's authority shall include new text end 44.32 new text begin specifying the considerations, financial activities, and conditions required from the new text end 45.1 new text begin depository, including the requirement of collateral security or a corporate surety bond new text end 45.2 new text begin as described in section 118A.03. The board may compensate the depository, including new text end 45.3 new text begin paying a reasonable charge to the depository, maintaining appropriate compensating new text end 45.4 new text begin balances with the depository, or purchasing non-interest-bearing certificates of deposit new text end 45.5 new text begin from the depository for performing depository-related services. new text end 45.6    Sec. 38. Minnesota Statutes 2006, section 136G.11, subdivision 5, is amended to read: 45.7    Subd. 5. Amount of matching grant. The amount of the matching grant for a 45.8beneficiary equals: 45.9    (1) if the beneficiary's family income is $50,000 or less, 15 percent of the sum 45.10of the contributions made to the beneficiary's account during the calendar year, not to 45.11exceed $300 new text begin $400 new text end ; and 45.12    (2) if the beneficiary's family income is more than $50,000 but not more than 45.13$80,000, five new text begin ten new text end percent of the sum of the contributions made to the beneficiary's account 45.14during the calendar year, not to exceed $300 new text begin $400 new text end . 45.15    Sec. 39. new text begin MINNESOTA WEST COMMUNITY AND TECHNICAL COLLEGE new text end 45.16 new text begin AT WORTHINGTON; YMCA LEASE AGREEMENT. new text end 45.17     new text begin (a) The Board of Trustees of Minnesota State Colleges and Universities may enter new text end 45.18 new text begin into a lease agreement with the YMCA not to exceed 40 years, for the lease of land on new text end 45.19 new text begin the Minnesota West Community and Technical College at Worthington campus for the new text end 45.20 new text begin construction of a YMCA facility. The lease may also include the city of Worthington. new text end 45.21     new text begin (b) Siting and design of the facility must be consistent with the college's master new text end 45.22 new text begin plan and Minnesota State Colleges and Universities' building standards. Minnesota new text end 45.23 new text begin West Community and Technical College may negotiate for use of the facility for college new text end 45.24 new text begin purposes. The lease must contain a provision that the lease shall terminate if the improved new text end 45.25 new text begin property is no longer used for the partial benefit of the students at the Worthington campus. new text end 45.26    Sec. 40. new text begin INTEREST RATE SWAP AND OTHER AGREEMENTS; new text end 45.27 new text begin IMPLEMENTATION PLAN. new text end 45.28     new text begin The Minnesota Office of Higher Education must develop a plan for implementing new text end 45.29 new text begin interest rate exchanges, swaps, or other interest rate protection agreements for its student new text end 45.30 new text begin loan programs. The plan must be presented in a report to the committees of legislature new text end 45.31 new text begin responsible for higher education finance by January 15, 2008. The report must address new text end 45.32 new text begin potential contracting arrangements and options, benefits and risks associated with these new text end 46.1 new text begin agreements, and the potential impacts on the student loan program, its assets, and its new text end 46.2 new text begin objectives. new text end 46.3    Sec. 41. new text begin REPEALER. new text end 46.4 new text begin (a) Minnesota Statutes 2006, sections 135A.031, subdivisions 1, 2, 3, 4, 5, and 6; new text end 46.5 new text begin 135A.032; 135A.033; 136A.07; and 136A.08, subdivision 8, new text end new text begin are repealed. new text end 46.6 new text begin (b) Minnesota Statutes 2006, sections 137.0245; and 137.0246, new text end new text begin are repealed. new text end 46.7ARTICLE 4 46.8TEXTBOOK PRICING AND ACCESS 46.9    Section 1. new text begin [135A.25] TEXTBOOK DISCLOSURE, PRICING, AND ACCESS. new text end 46.10     new text begin Subdivision 1. new text end new text begin Short title. new text end new text begin This section may be cited as the Textbook Disclosure, new text end 46.11 new text begin Pricing, and Access Act. new text end 46.12     new text begin Subd. 2. new text end new text begin Purpose and intent. new text end new text begin The purpose of this act is to ensure that every student new text end 46.13 new text begin in higher education is offered better and more timely access to affordable course materials new text end 46.14 new text begin by educating and informing faculty, students, administrators, institutions, bookstores, and new text end 46.15 new text begin publishers on all aspects of the selection, purchase, sales, and use of the materials. It is the new text end 46.16 new text begin policy of the state of Minnesota that all involved parties must work together to identify new text end 46.17 new text begin ways to decrease the cost of course materials for students while protecting the academic new text end 46.18 new text begin freedom of faculty members to provide high-quality course materials for students. new text end 46.19     new text begin Subd. 3. new text end new text begin Definitions. new text end new text begin For the purposes of this section, the following definitions new text end 46.20 new text begin have the meanings given. new text end 46.21     new text begin (1) "Bundled" means any course material packaged together to be sold for one price. new text end 46.22     new text begin (2) "Bookstore" means a store that is affiliated with a postsecondary institution or new text end 46.23 new text begin has a contract with a postsecondary institution to sell course materials to students enrolled new text end 46.24 new text begin at the postsecondary institution. new text end 46.25     new text begin (3) "Course material" means textbooks as defined in section 297A.67, subdivision new text end 46.26 new text begin 13, custom course materials, and instructional materials as defined in section 297A.67, new text end 46.27 new text begin subdivision 13a, sold to students by a bookstore in a bundled or unbundled form. new text end 46.28     new text begin (4) "Custom course materials" means any combination of textbooks, course new text end 46.29 new text begin materials, or any part thereof that has been customized, produced, and sold by a distributor new text end 46.30 new text begin or publisher specifically for a specific course, program, or field of study. new text end 46.31     new text begin (5) "Distributor" means an independent contractor, including its employees or agents, new text end 46.32 new text begin that is in the business of selling, distributing, advertising, marketing, or maintaining an new text end 46.33 new text begin inventory of course materials for a postsecondary institution or bookstore. new text end 47.1     new text begin (6) "Postsecondary institution" means a Minnesota institution defined under section new text end 47.2 new text begin 136A.101, subdivision 4. new text end 47.3     new text begin (7) "Publisher" means a publishing house, firm, or business, including its employees new text end 47.4 new text begin or agents, acting with authority of the publisher that publishes, sells, markets, or maintains new text end 47.5 new text begin an inventory of course materials to a postsecondary institution or bookstore. new text end 47.6     new text begin Subd. 4. new text end new text begin Publisher disclosures. new text end new text begin (a) Beginning January 1, 2008, a publisher or new text end 47.7 new text begin distributor must post on its Web site, include in a catalog, or disclose in writing to a faculty new text end 47.8 new text begin member or other individual at a postsecondary institution responsible for selecting course new text end 47.9 new text begin material within seven days of a request, at least the following: new text end 47.10     new text begin (1) the title, edition, author, and International Standard Book Number (ISBN) of all new text end 47.11 new text begin course material and custom course materials, if applicable; new text end 47.12     new text begin (2) the price for the course material; new text end 47.13     new text begin (3) whether the required course material is bundled with optional material, whether new text end 47.14 new text begin it can be unbundled, and the price for each bundled and unbundled component; new text end 47.15     new text begin (4) whether the material is available in an alternative format and the cost for the new text end 47.16 new text begin alternatively formatted material; and new text end 47.17     new text begin (5) summary of revisions to requested course material for the previous edition or new text end 47.18 new text begin release for materials that have been in circulation for five years or less and a detailed new text end 47.19 new text begin breakdown of revisions must be made available in writing within seven days of the request. new text end 47.20     new text begin (b) A publisher or distributor must make all bundled course materials available to new text end 47.21 new text begin bookstores or postsecondary institutions in an unbundled form or provide written or verbal new text end 47.22 new text begin notice within seven days of a request under this subdivision if the unbundled materials are new text end 47.23 new text begin not available. new text end 47.24     new text begin (c) A publisher or distributor must post on its Web site, include in its marketing new text end 47.25 new text begin materials, or disclose in writing when a request is made under this subdivision for the new text end 47.26 new text begin return policy for course material, including any penalties or conditions for returns. new text end 47.27     new text begin (d) Disclosure under this section is not required for mass market and trade books that new text end 47.28 new text begin are not published, marketed, or sold primarily for use in or by postsecondary institutions. new text end 47.29     new text begin Subd. 5. new text end new text begin Payment for course material. new text end new text begin Each postsecondary institution must adopt new text end 47.30 new text begin policies that allow students to add the costs of course material purchased at a bookstore new text end 47.31 new text begin to existing waivers or payment plans for tuition and fees. new text end 47.32     new text begin Subd. 6. new text end new text begin Notice to purchase. new text end new text begin (a) An instructor shall make reasonable efforts to new text end 47.33 new text begin notify a bookstore of the final order for required and recommended course material new text end 47.34 new text begin including, but not limited to, alternative formats, previous editions, or custom course new text end 47.35 new text begin materials at least 30 days prior to the commencement of the term. new text end 48.1     new text begin (b) The bookstore must notify students of the following information concerning the new text end 48.2 new text begin required and recommended course material at least 15 days prior to the commencement of new text end 48.3 new text begin the term for which the course material is required, including, but not limited to: new text end 48.4     new text begin (1) the title, edition, author, and International Standard Book Number (ISBN) of new text end 48.5 new text begin the course material; new text end 48.6     new text begin (2) the price for the course material; new text end 48.7     new text begin (3) whether the required course material is bundled with optional material, whether new text end 48.8 new text begin it can be unbundled, and the price for each bundled and unbundled component; and new text end 48.9     new text begin (4) whether the material is available in an alternative format and the cost for the new text end 48.10 new text begin alternatively formatted material. new text end 48.11     new text begin Subd. 7. new text end new text begin Educational strategies. new text end new text begin (a) During the biennium ending June 30, 2009, new text end 48.12 new text begin the Minnesota Office of Higher Education shall work with postsecondary institutions new text end 48.13 new text begin to develop educational materials based upon the findings of the Minnesota Textbook new text end 48.14 new text begin Advisory Task Force recommendations and other relevant information, convene and new text end 48.15 new text begin sponsor meetings and workshops, and provide educational materials for faculty, students, new text end 48.16 new text begin administrators, institutions, bookstores, and publishers in order to educate all interested new text end 48.17 new text begin parties on strategies for reducing the costs of course materials for students attending new text end 48.18 new text begin postsecondary institutions. new text end 48.19     new text begin (b) The Minnesota Office of Higher Education must develop and maintain a new text end 48.20 new text begin standardized request form for publisher disclosure under this section with all required new text end 48.21 new text begin information. The request form must be in an electronic format that can be downloaded new text end 48.22 new text begin from the office Web site. new text end 48.23ARTICLE 5 48.24PRIVATE INSTITUTIONS 48.25    Section 1. Minnesota Statutes 2006, section 136A.61, is amended to read: 48.26136A.61 POLICY. 48.27    The legislature has found and hereby declares that the availability of legitimate 48.28courses and programs leading to academic degrees offered by responsible private new text begin not for new text end 48.29 new text begin profit and for profit new text end institutions of postsecondary education and the existence of legitimate 48.30private colleges and universities are in the best interests of the people of this state. The 48.31legislature has found and declares that the state can provide assistance and protection 48.32for persons choosing private institutions and programs, by establishing policies and 48.33procedures to assure the authenticity and legitimacy of private postsecondary education 48.34institutions and programs. The legislature has also found and declares that this same 48.35policy applies to any new text begin private and new text end public postsecondary educational institution located in 49.1another state or country which offers or makes available to a Minnesota resident any 49.2course, program or educational activity which does not require the leaving of the state 49.3for its completion. 49.4    Sec. 2. new text begin [136A.615] CITATION. new text end 49.5     new text begin Sections 136A.615 to 136A.71 may be cited as the "Minnesota Private and new text end 49.6 new text begin Out-of-State Public Postsecondary Education Act." new text end 49.7    Sec. 3. Minnesota Statutes 2006, section 136A.62, subdivision 3, is amended to read: 49.8    Subd. 3. School. "School" means new text begin : new text end 49.9     new text begin (1) new text end any individual, partnership, company, firm, society, trust, association, 49.10corporation, or any combination thereof, which (a) new text begin (i) new text end is, owns, or operates a private, 49.11nonprofit postsecondary education institution; (b) new text begin (ii) is, owns, or operates a private, for new text end 49.12 new text begin profit postsecondary education institution; (iii) new text end provides a postsecondary instructional 49.13program or course leading to a degree whether or not for profit; (c) new text begin (iv) new text end is, owns, or 49.14operates a private, postsecondary education institution which uses the term "college", 49.15"academy", "institute" or "university" in its name; or (d) operates for profit and provides 49.16programs or courses which are intended to allow an individual to fulfill in part or totally 49.17the requirements necessary to maintain a license to practice an occupation. School shall 49.18also mean 49.19     new text begin (2) new text end any public postsecondary educational institution located in another state or 49.20country which offers or makes available to a Minnesota resident any course, program or 49.21educational activity which does not require the leaving of the state for its completion new text begin ; or new text end 49.22     new text begin (3) any individual, entity, or postsecondary institution located in another state new text end 49.23 new text begin that contracts with any school located within the state of Minnesota for the purpose of new text end 49.24 new text begin providing educational programs, training programs, or awarding postsecondary credits new text end 49.25 new text begin or continuing education credits to Minnesota residents that may be applied to a degree new text end 49.26 new text begin program new text end . 49.27    Sec. 4. Minnesota Statutes 2006, section 136A.63, is amended to read: 49.28136A.63 REGISTRATION. 49.29     new text begin Subdivision 1. new text end new text begin Annual registration. new text end All schools located within Minnesota and 49.30all schools located outside Minnesota which offer new text begin degree new text end programs or courses within 49.31Minnesota shall register annually with the office. 49.32     new text begin Subd. 2. new text end new text begin Sale of an institution. new text end new text begin Within 30 days of a change of ownership the school new text end 49.33 new text begin must submit a registration renewal application, all usual and ordinary information and new text end 50.1 new text begin materials for an initial registration, and applicable registration fees for a new institution. new text end 50.2 new text begin For purposes of this subdivision, "change of ownership" means a merger or consolidation new text end 50.3 new text begin with a corporation; a sale, lease, exchange, or other disposition of all or substantially all of new text end 50.4 new text begin the assets of a school; the transfer of a controlling interest of at least 51 percent of the new text end 50.5 new text begin school's stock; or a change in the not-for-profit or for profit status of a school. new text end 50.6    Sec. 5. Minnesota Statutes 2006, section 136A.64, is amended to read: 50.7136A.64 INFORMATION new text begin REQUIRED FOR REGISTRATION new text end . 50.8    Subdivision 1. Schools to provide information. As a basis for registration, schools 50.9shall provide the office with such information as the office needs to determine the nature 50.10and activities of the school, including but not limited to, requirements for admission, 50.11enrollments, tuition charge, refund policies, curriculum, degrees granted, and faculty 50.12employed. The office shall have the authority to verify the accuracy of the information 50.13submitted to it by inspection or any other means it deems necessary. new text begin the following which new text end 50.14 new text begin shall be accompanied by an affidavit attesting to its accuracy and truthfulness: new text end 50.15     new text begin (1) articles of incorporation, constitution, bylaws, or other operating documents; new text end 50.16     new text begin (2) a duly adopted statement of the school's mission and goals; new text end 50.17     new text begin (3) evidence of current school or program licenses granted by departments or new text end 50.18 new text begin agencies of any state; new text end 50.19     new text begin (4) a fiscal balance sheet on an accrual basis, or a certified audit of the immediate new text end 50.20 new text begin past fiscal year including any management letters provided by the independent auditor new text end 50.21 new text begin or, if the school is a public institution outside Minnesota, an income statement for the new text end 50.22 new text begin immediate past fiscal year; new text end 50.23     new text begin (5) all current promotional and recruitment materials and advertisements; and new text end 50.24     new text begin (6) the current school catalog and, if not contained in the catalog: new text end 50.25     new text begin (i) the members of the board of trustees or directors, if any; new text end 50.26     new text begin (ii) the current institutional officers; new text end 50.27     new text begin (iii) current full-time and part-time faculty with degrees held or applicable new text end 50.28 new text begin experience; new text end 50.29     new text begin (iv) a description of all school facilities; new text end 50.30     new text begin (v) a description of all current course offerings; new text end 50.31     new text begin (vi) all requirements for satisfactory completion of courses, programs, and degrees; new text end 50.32     new text begin (vii) the school's policy about freedom or limitation of expression and inquiry; new text end 50.33     new text begin (viii) a current schedule of fees, charges for tuition, required supplies, student new text end 50.34 new text begin activities, housing, and all other standard charges; new text end 50.35     new text begin (ix) the school's policy about refunds and adjustments; new text end 51.1     new text begin (x) the school's policy about granting credit for prior education, training, and new text end 51.2 new text begin experience; and new text end 51.3     new text begin (xi) the school's policies about student admission, evaluation, suspension, and new text end 51.4 new text begin dismissal. new text end 51.5    Subd. 2. Financial records. The office shall not disclose financial records new text begin or new text end 51.6 new text begin accreditation reports new text end provided to it by a school pursuant to this section except for the 51.7purpose of defending, at hearings pursuant to chapter 14, or other appeal proceedings, its 51.8decision to approve or not to approve the granting of degrees or the use of a name by the 51.9school. Section 15.17, subdivision 4, shall not apply to such records. 51.10     new text begin Subd. 3. new text end new text begin Additional information. new text end new text begin If the office is unable to determine the nature new text end 51.11 new text begin and activities of a school on the basis of the information in subdivision 1, the office shall new text end 51.12 new text begin notify the school of additional information needed. new text end 51.13     new text begin Subd. 4. new text end new text begin Verification of information. new text end new text begin The office may verify the accuracy of new text end 51.14 new text begin submitted information by inspection, visitation, or any other means it considers necessary. new text end 51.15     new text begin Subd. 5. new text end new text begin Public information. new text end new text begin All information submitted to the office is public new text end 51.16 new text begin information except financial and accreditation records and information. The office may new text end 51.17 new text begin disclose financial records or information to defend its decision to approve or disapprove new text end 51.18 new text begin granting of degrees or the use of a name or its decisions to revoke the approval at a hearing new text end 51.19 new text begin under chapter 14 or other legal proceedings. new text end 51.20     new text begin Subd. 6. new text end new text begin Late registration penalty. new text end new text begin Applications for renewal for any registration new text end 51.21 new text begin received after the deadline date specified in the renewal materials provided by the office new text end 51.22 new text begin are subject to a late fee equal to 20 percent of the annual registration renewal fee. new text end 51.23     new text begin Subd. 7. new text end new text begin Out-of-state expenses. new text end new text begin A school shall reimburse the office for actual costs new text end 51.24 new text begin associated with a site evaluation visit outside Minnesota if the visit is necessary under new text end 51.25 new text begin section 136A.64, subdivision 1 or 3. new text end 51.26    Sec. 6. new text begin [136A.645] SCHOOL CLOSURE. new text end 51.27     new text begin (a) When a school decides to cease postsecondary education operations, or if its new text end 51.28 new text begin registration is refused, revoked, or suspended it must cooperate with the office in assisting new text end 51.29 new text begin students to find alternative means to complete their studies with a minimum of disruption, new text end 51.30 new text begin and inform the office of the following: new text end 51.31     new text begin (1) the planned date for termination of postsecondary education operations; new text end 51.32     new text begin (2) the planned date for the transfer of the student records; new text end 51.33     new text begin (3) confirmation of the name and address of the organization to receive and hold new text end 51.34 new text begin the student records; and new text end 52.1     new text begin (4) the official at the organization receiving the student records who is designated to new text end 52.2 new text begin provide official copies of records or transcripts upon request. new text end 52.3     new text begin (b) Upon notice from a school of its intention to cease operations, or if a school's new text end 52.4 new text begin registration is revoked, refused, or suspended, the office shall notify the school of the date new text end 52.5 new text begin on which it must cease the enrollment of students and all postsecondary educational new text end 52.6 new text begin operations. new text end 52.7    Sec. 7. new text begin [136A.646] ADDITIONAL SECURITY. new text end 52.8     new text begin In the event any registered institution is notified by the United States Department new text end 52.9 new text begin of Education that it has fallen below minimum financial standards and that its continued new text end 52.10 new text begin participation in Title IV will be conditioned upon its satisfying either the Zone Alternative, new text end 52.11 new text begin Code of Federal Regulations, title 34, section 668.175, paragraph (f), or a Letter of Credit new text end 52.12 new text begin Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (c), the new text end 52.13 new text begin institution shall provide a surety bond conditioned upon the faithful performance of all new text end 52.14 new text begin contracts and agreements with students in a sum equal to the "letter of credit" required by new text end 52.15 new text begin the United States Department of Education in the Letter of Credit Alternative, but in no new text end 52.16 new text begin event shall such bond be less than $10,000 and not more than $250,000. new text end 52.17    Sec. 8. Minnesota Statutes 2006, section 136A.65, is amended to read: 52.18136A.65 APPROVAL OF DEGREES AND NAME. 52.19    Subdivision 1. Prohibition. No school subject to registration shall grant a degree 52.20unless such degree is new text begin and its underlying curriculum are new text end approved by the office, nor 52.21shall any school subject to registration use the name "college," "academy," "institute" or 52.22"university" in its name without approval by the office. 52.23     new text begin Subd. 1a. new text end new text begin Accreditation; requirement. new text end new text begin A school must not be registered or new text end 52.24 new text begin authorized to offer any degree at any level unless the school is accredited by an agency new text end 52.25 new text begin recognized by the United States Department of Education for purposes of eligibility to new text end 52.26 new text begin participate in Title IV federal financial aid programs. Any registered school undergoing new text end 52.27 new text begin institutional accreditation shall inform the office of site visits by the accrediting agency new text end 52.28 new text begin and provide office staff the opportunity to attend the visits, including any exit interviews. new text end 52.29 new text begin The institution must provide the office with a copy of the final report upon receipt. new text end 52.30    Subd. 2. Procedures. The office shall establish procedures for approval, including 52.31notice and an opportunity for a hearing pursuant to chapter 14 if such approval is not 52.32granted. If a hearing is requested, no disapproval shall take effect until after such hearing. 52.33    Subd. 3. Application. A school subject to registration shall be granted approval to 52.34use the term "college," "academy," "institute" or "university" in its name whether or not it 53.1offers a program leading to a degree, if it was organized, operating and using such term in 53.2its name on or before August 1, 1975, and if it meets the other policies and standards for 53.3approval established by the office. 53.4     new text begin Subd. 4. new text end new text begin Criteria for approval. new text end new text begin (a) A school applying to be registered and to have new text end 53.5 new text begin its degree or degrees and name approved must substantially meet the following criteria: new text end 53.6     new text begin (1) the school has an organizational framework with administrative and teaching new text end 53.7 new text begin personnel to provide the educational programs offered; new text end 53.8     new text begin (2) the school has financial resources sufficient to meet the school's financial new text end 53.9 new text begin obligations, including refunding tuition and other charges consistent with its stated policy new text end 53.10 new text begin if the institution is dissolved, or if claims for refunds are made, to provide service to the new text end 53.11 new text begin students as promised, and to provide educational programs leading to degrees as offered; new text end 53.12     new text begin (3) the school operates in conformity with generally accepted budgeting and new text end 53.13 new text begin accounting procedures, such as the standards adopted by the National Association of new text end 53.14 new text begin College and University Business Officers, located at 1 Dupont Circle, Washington, D.C., new text end 53.15 new text begin 20036; new text end 53.16     new text begin (4) the school provides an educational program leading to the degree it offers; new text end 53.17     new text begin (5) the school provides appropriate and accessible library, laboratory, and other new text end 53.18 new text begin physical facilities to support the educational program offered; new text end 53.19     new text begin (6) the school has a policy on freedom or limitation of expression and inquiry for new text end 53.20 new text begin faculty and students which is published or available on request; new text end 53.21     new text begin (7) the school uses only publications and advertisements which are truthful and do new text end 53.22 new text begin not give any false, fraudulent, deceptive, inaccurate, or misleading impressions about the new text end 53.23 new text begin school, its personnel, programs, services, or occupational opportunities for its graduates new text end 53.24 new text begin for promotion and student recruitment; new text end 53.25     new text begin (8) the school's compensated recruiting agents who are operating in Minnesota new text end 53.26 new text begin identify themselves as agents of the school when talking to or corresponding with students new text end 53.27 new text begin and prospective students; and new text end 53.28     new text begin (9) the school provides information to students and prospective students concerning: new text end 53.29     new text begin (i) comprehensive and accurate policies relating to student admission, evaluation, new text end 53.30 new text begin suspension, and dismissal; new text end 53.31     new text begin (ii) clear and accurate policies relating to granting credit for prior education, training, new text end 53.32 new text begin and experience and for courses offered by the school; new text end 53.33     new text begin (iii) current schedules of fees, charges for tuition, required supplies, student new text end 53.34 new text begin activities, housing, and all other standard charges; new text end 53.35     new text begin (iv) policies regarding refunds and adjustments for withdrawal or modification new text end 53.36 new text begin of enrollment status; and new text end 54.1     new text begin (v) procedures and standards used for selection of recipients and the terms of new text end 54.2 new text begin payment and repayment for any financial aid program. new text end 54.3     new text begin (b) An application for degree approval must also include: new text end 54.4     new text begin (i) title of degree and formal recognition awarded; new text end 54.5     new text begin (ii) location where such degree will be offered; new text end 54.6     new text begin (iii) proposed implementation date of the degree; new text end 54.7     new text begin (iv) admissions requirements for the degree; new text end 54.8     new text begin (v) length of the degree; new text end 54.9     new text begin (vi) projected enrollment for a period of five years; new text end 54.10     new text begin (vii) the curriculum required for the degree, including course syllabi or outlines; new text end 54.11     new text begin (viii) statement of academic and administrative mechanisms planned for monitoring new text end 54.12 new text begin the quality of the proposed degree; new text end 54.13     new text begin (ix) statement of satisfaction of professional licensure criteria, if applicable; new text end 54.14     new text begin (x) documentation of the availability of clinical, internship, externship, or practicum new text end 54.15 new text begin sites, if applicable; and new text end 54.16     new text begin (xi) statement of how the degree fulfills the institution's mission and goals, new text end 54.17 new text begin complements existing degrees, and contributes to the school's viability. new text end 54.18     new text begin Subd. 5. new text end new text begin Requirements for degree approval. new text end new text begin For each degree a school offers to a new text end 54.19 new text begin student, where the student does not leave Minnesota for the major portion of the program new text end 54.20 new text begin or course leading to the degree, the school must have: new text end 54.21     new text begin (1) qualified teaching personnel to provide the educational programs for each degree new text end 54.22 new text begin for which approval is sought; new text end 54.23     new text begin (2) appropriate educational programs leading to each degree for which approval new text end 54.24 new text begin is sought; new text end 54.25     new text begin (3) appropriate and accessible library, laboratory, and other physical facilities to new text end 54.26 new text begin support the educational program for each degree for which approval is sought; and new text end 54.27     new text begin (4) a rationale showing that degree programs are consistent with the school's mission new text end 54.28 new text begin and goals. new text end 54.29     new text begin Subd. 6. new text end new text begin Name. new text end new text begin A school may use the term "academy" or "institute" in its name new text end 54.30 new text begin without meeting any additional requirements. A school may use the term "college" in its new text end 54.31 new text begin name if it offers at least one program leading to an associate degree. A school may use new text end 54.32 new text begin the term "university" in its name if it offers at least one program leading to a master's new text end 54.33 new text begin or doctorate degree. new text end 54.34     new text begin Subd. 7. new text end new text begin Grandfathered names. new text end new text begin Names used before August 1, 2007, by a school, new text end 54.35 new text begin organized, operating, and using the term "academy," "institute," "college," or "university" new text end 55.1 new text begin in its name on or before August 1, 2007, may continue using such term whether or not it new text end 55.2 new text begin offers a program leading to a degree. new text end 55.3     new text begin Subd. 8. new text end new text begin Conditional approval. new text end new text begin The office may grant conditional approval for a new text end 55.4 new text begin degree or use of a term in its name for a period of less than one year if doing so would be new text end 55.5 new text begin in the best interests of currently enrolled students or prospective students. new text end 55.6     new text begin Subd. 9. new text end new text begin Disapproval of registration appeal. new text end new text begin If a school's degree or use of a term new text end 55.7 new text begin in its name is disapproved by the office, the school may request a hearing under chapter new text end 55.8 new text begin 14. The request must be in writing and made to the office within 30 days of the date new text end 55.9 new text begin the school is notified of the disapproval. new text end 55.10     new text begin (a) The office may refuse to renew, revoke, or suspend registration, approval of new text end 55.11 new text begin a school's degree, or use of a regulated term in its name by giving written notice and new text end 55.12 new text begin reasons to the school. The school may request a hearing under chapter 14. If a hearing is new text end 55.13 new text begin requested, no revocation or suspension shall take effect until after the hearing. new text end 55.14     new text begin (b) Reasons for revocation or suspension of registration or approval may be for one new text end 55.15 new text begin or more of the following reasons: new text end 55.16     new text begin (1) violating the provisions of sections 136A.615 to 136A.71; new text end 55.17     new text begin (2) providing false, misleading, or incomplete information to the office; new text end 55.18     new text begin (3) presenting information about the school which is false, fraudulent, misleading, new text end 55.19 new text begin deceptive, or inaccurate in a material respect to prospective students; or new text end 55.20     new text begin (4) refusing to allow reasonable inspection or to supply reasonable information after new text end 55.21 new text begin a written request by the office has been received. new text end 55.22    Sec. 9. Minnesota Statutes 2006, section 136A.653, is amended to read: 55.23136A.653 EXEMPTIONS. 55.24    Subdivision 1. Exemption. A school that is subject to licensing by the office under 55.25chapter 141, is exempt from the provisions of sections new text begin 136A.615 new text end to 136A.71. 55.26The determination of the office as to whether a particular school is subject to regulation 55.27under chapter 141 is final for the purposes of this exemption. 55.28    Subd. 2. Educational program; nonprofit organizations. Educational programs 55.29which are sponsored by a bona fide and nonprofit trade, labor, business, professional 55.30or fraternal organization, which programs are conducted solely for that organization's 55.31membership or for the members of the particular industries or professions served by that 55.32organization, and which are not available to the public on a fee basis, are exempted from 55.33the provisions of sections new text begin 136A.615 new text end to 136A.71. 55.34    Subd. 3. Educational program; business firms. Educational programs which are 55.35sponsored by a business firm for the training of its employees or the employees of other 56.1business firms with which it has contracted to provide educational services at no cost to the 56.2employees are exempted from the provisions of sections new text begin 136A.615 new text end to 136A.71. 56.3    Subd. 4. Voluntary submission. Any school or program exempted from the 56.4provisions of sections new text begin 136A.615 new text end to 136A.71 by the provisions of this section 56.5may voluntarily submit to the provisions of those sections. 56.6    Sec. 10. Minnesota Statutes 2006, section 136A.657, is amended to read: 56.7136A.657 EXEMPTION; RELIGIOUS SCHOOLS. 56.8    Subdivision 1. Exemption. Any school or any department or branch of a school (a) 56.9which is substantially owned, operated or supported by a bona fide church or religious 56.10organization; (b) whose programs are primarily designed for, aimed at and attended by 56.11persons who sincerely hold or seek to learn the particular religious faith or beliefs of that 56.12church or religious organization; and (c) whose programs are primarily intended to prepare 56.13its students to become ministers of, to enter into some other vocation closely related to, or 56.14to conduct their lives in consonance with, the particular faith of that church or religious 56.15organization, is exempt from the provisions of sections new text begin 136A.615 new text end to 136A.71. 56.16    Subd. 2. Limitation. This exemption shall not extend to any school or to any 56.17department or branch of a school which through advertisements or solicitations represents 56.18to any students or prospective students that the school, its aims, goals, missions or 56.19purposes or its programs are different from those described in subdivision 1. This 56.20exemption shall not extend to any school which represents to any student or prospective 56.21student that the major purpose of its programs is to prepare the student for a vocation not 56.22closely related to that particular religious faith, or to provide the student with a general 56.23educational program recognized by other schools or the broader educational, business or 56.24social community as being substantially equivalent to the educational programs offered 56.25by schools or departments or branches of schools which are not exempt from sections 56.26136A.61 new text begin 136A.615 new text end to 136A.71, and rules adopted pursuant thereto. 56.27    Subd. 3. Scope. Nothing in sections new text begin 136A.615 new text end to 136A.71, or the rules 56.28adopted pursuant thereto, shall be interpreted as permitting the office to determine the 56.29truth or falsity of any particular set of religious beliefs. 56.30     new text begin Subd. 4. new text end new text begin Statement required; religious nature. new text end new text begin Any degree awarded upon new text end 56.31 new text begin completion of a religiously exempt program shall include descriptive language to make new text end 56.32 new text begin the religious nature of the award clear. new text end 56.33    Sec. 11. Minnesota Statutes 2006, section 136A.66, is amended to read: 56.34136A.66 LIST. 57.1    The office shall maintain a list of schools new text begin registered institutions new text end authorized to grant 57.2degrees and schools authorized to use the name "college," "academy," "institute" or 57.3"university," and shall make such list available to the public. 57.4    Sec. 12. Minnesota Statutes 2006, section 136A.67, is amended to read: 57.5136A.67 UNAUTHORIZED REPRESENTATIONS. 57.6    No school and none of its officials or employees shall advertise or represent in any 57.7manner that such school is approved or accredited by the office or state of Minnesota 57.8except that any new text begin A new text end school which is duly registered with the office, or any of its officials or 57.9employees, may represent new text begin in advertising and shall disclose in catalogues, applications, new text end 57.10 new text begin and enrollment materials new text end that the school is registered with the office. new text begin by prominently new text end 57.11 new text begin displaying the following statement: "(Name of school) is registered as a private institution new text end 57.12 new text begin with the Minnesota Office of Higher Education pursuant to sections 136A.615 to 136A.71. new text end 57.13 new text begin Registration is not an endorsement of the institution. Credits earned at the institution new text end 57.14 new text begin may not transfer to all other institutions." new text end 57.15    Sec. 13. new text begin [136A.675] RISK ANALYSIS. new text end 57.16     new text begin The office shall develop a set of financial and programmatic evaluation metrics to new text end 57.17 new text begin aid in the detection of the failure or potential failure of a school to meet the standards new text end 57.18 new text begin established under sections 136A.61 to 136A.71. These metrics shall include indicators new text end 57.19 new text begin of financial stability, changes in the senior management or the financial aid and senior new text end 57.20 new text begin administrative staff of an institution, changes in enrollment, changes in program offerings, new text end 57.21 new text begin and changes in faculty staffing patterns. The development of financial standards shall use new text end 57.22 new text begin industry standards as benchmarks. The development of the nonfinancial standards shall new text end 57.23 new text begin include a measure of trends and dramatic changes in trends or practice. The agency must new text end 57.24 new text begin specify the metrics and standards for each area and provide a copy to each registered new text end 57.25 new text begin institution and post them on the agency Web site. The agency shall use regularly reported new text end 57.26 new text begin data submitted to the federal government or other regulatory or accreditation agencies new text end 57.27 new text begin wherever possible. The agency may require more frequent data reporting by an institution new text end 57.28 new text begin to ascertain whether the standards are being met. new text end 57.29    Sec. 14. Minnesota Statutes 2006, section 136A.68, is amended to read: 57.30136A.68 RECORDS. 57.31    After August 1, 1975, all schools located in this state must maintain permanent 57.32records of all students enrolled therein at any time. The office may require schools to 57.33provide a plan acceptable to the office for preserving all such records for at least ten years. 58.1The office may require that such plan include the filing of a continuous surety bond or a 58.2deposit of funds in trust in an amount not to exceed $20,000 for the purpose of preserving 58.3records after such school ceases to exist. new text begin A registered school shall maintain a permanent new text end 58.4 new text begin record for each student for 50 years from the last date of the student's attendance. A new text end 58.5 new text begin registered school offering distance instruction to a student located in Minnesota shall new text end 58.6 new text begin maintain a permanent record for each Minnesota student for 50 years from the last date of new text end 58.7 new text begin the student's attendance. Records include a student's academic transcript, documents, and new text end 58.8 new text begin files containing student data about academic credits earned, courses completed, grades new text end 58.9 new text begin awarded, degrees awarded, and periods of attendance. To preserve permanent records, a new text end 58.10 new text begin school shall submit a plan that meets the following requirements: new text end 58.11     new text begin (1) at least one copy of the records must be held in a secure, fireproof depository new text end 58.12 new text begin or duplicate records must be maintained off site in a secure location and in a manner new text end 58.13 new text begin approved by the office; new text end 58.14     new text begin (2) an appropriate official must be designated to provide a student with copies of new text end 58.15 new text begin records or a transcript upon request; new text end 58.16     new text begin (3) an alternative method approved by the office of complying with clauses (1) and new text end 58.17 new text begin (2) must be established if the school ceases to exist; and new text end 58.18     new text begin (4) if the school has no binding agreement approved by the office for preserving new text end 58.19 new text begin student records, a continuous surety bond must be filed with the office in an amount not to new text end 58.20 new text begin exceed $20,000. The bond shall run to the state of Minnesota. new text end 58.21    Sec. 15. Minnesota Statutes 2006, section 136A.69, is amended to read: 58.22136A.69 FEES. 58.23     new text begin Subdivision 1. new text end new text begin Registration fees. new text end The office shall collect reasonable registration 58.24fees that are sufficient to recover, but do not exceed, its costs of administering the 58.25registration program. The office shall charge $1,100 for initial registration fees and $950 58.26for annual renewal fees. 58.27     new text begin Subd. 2. new text end new text begin Degree level addition fee. new text end new text begin The office processing fee for adding a degree new text end 58.28 new text begin level to an existing program is $2,000 per program. new text end 58.29     new text begin Subd. 3. new text end new text begin Program addition fee. new text end new text begin The office processing fee for adding a program new text end 58.30 new text begin that represents a significant departure in the objectives, content, or method of delivery of new text end 58.31 new text begin programs that are currently offered by the school is $500 per program. new text end 58.32     new text begin Subd. 4. new text end new text begin Visit or consulting fee. new text end new text begin If the office determines that a fact-finding visit new text end 58.33 new text begin or outside consultant is necessary to review or evaluate any new or revised program, the new text end 58.34 new text begin office shall be reimbursed for the expenses incurred related to the review as follows: new text end 59.1     new text begin (1) $300 for the team base fee or for a paper review conducted by a consultant if the new text end 59.2 new text begin office determines that a fact-finding visit is not required; new text end 59.3     new text begin (2) $300 for each day or part thereof on site per team member; and new text end 59.4     new text begin (3) the actual cost of customary meals, lodging, and related travel expenses incurred new text end 59.5 new text begin by team members. new text end 59.6     new text begin Subd. 5. new text end new text begin Modification fee. new text end new text begin The fee for modification of any existing program is new text end 59.7 new text begin $100 and is due if there is: new text end 59.8     new text begin (1) an increase or decrease of 25 percent or more from the original date of program new text end 59.9 new text begin approval, in clock hours, credit hours, or calendar length of an existing program; new text end 59.10     new text begin (2) a change in academic measurement from clock hours to credit hours or vice new text end 59.11 new text begin versa; or new text end 59.12     new text begin (3) an addition or alteration of courses that represent a 25 percent change or more in new text end 59.13 new text begin the objectives, content, or methods of delivery. new text end 59.14    Sec. 16. new text begin [136A.705] PENALTY. new text end 59.15     new text begin The director may assess fines for violations of a provision of sections 136A.615 to new text end 59.16 new text begin 136A.71. Each day's failure to comply with a provision of sections 136A.615 to 136A.71 new text end 59.17 new text begin shall be a separate violation and fines shall not exceed $500 per day per violation. new text end 59.18 new text begin Amounts received under this section must be deposited in the special revenue fund and are new text end 59.19 new text begin appropriated for the purposes in sections 136A.615 to 136A.71. new text end 59.20    Sec. 17. Minnesota Statutes 2006, section 136A.71, is amended to read: 59.21136A.71 INJUNCTION. 59.22    Upon application of the attorney general the district courts shall have jurisdiction to 59.23enjoin any violations of sections new text begin 136A.615 new text end to 136A.71. 59.24    Sec. 18. Minnesota Statutes 2006, section 141.21, subdivision 1a, is amended to read: 59.25    Subd. 1a. Office new text begin of Higher Education or office new text end . "Office new text begin of Higher Education new text end " new text begin or new text end 59.26 new text begin "office" new text end means the Minnesota Office of Higher Education. 59.27    Sec. 19. Minnesota Statutes 2006, section 141.21, subdivision 5, is amended to read: 59.28    Subd. 5. School. "School" means any person, within or outside the state, who 59.29maintains, advertises, new text begin administers, new text end solicits new text begin for new text end , or conducts any program for profit at 59.30any new text begin less than an associate degree new text end level other than baccalaureate or graduate programs, 59.31and is not specifically exempted by sections to new text begin and is not registered as a private new text end 60.1 new text begin institution under sections 136A.615 to 136A.71 and is not specifically exempted by new text end 60.2 new text begin section new text end 141.35 new text begin or 141.37 new text end . 60.3    Sec. 20. Minnesota Statutes 2006, section 141.25, subdivision 1, is amended to read: 60.4    Subdivision 1. Required. A school must not maintain, advertise, solicit for, 60.5 new text begin administer, new text end or conduct any program in Minnesota without first obtaining a license from 60.6the office. 60.7    Sec. 21. Minnesota Statutes 2006, section 141.25, subdivision 5, is amended to read: 60.8    Subd. 5. Bond. (a) No license shall be issued to any school which maintains, 60.9conducts, solicits for, or advertises within the state of Minnesota any program, unless the 60.10applicant files with the office a continuous corporate surety bond written by a company 60.11authorized to do business in Minnesota conditioned upon the faithful performance of all 60.12contracts and agreements with students made by the applicant. 60.13    (b) The amount of the surety bond shall be ten percent of the preceding year's gross 60.14income from student tuition, fees, and other required institutional charges, but in no event 60.15less than $10,000 nor greater than $250,000, except that a school may deposit a greater 60.16amount at its own discretion. A school in each annual application for licensure must 60.17compute the amount of the surety bond and verify that the amount of the surety bond 60.18complies with this subdivision, unless the school maintains a surety bond equal to at least 60.19$250,000. A school that operates at two or more locations may combine gross income 60.20from student tuition, fees, and other required institutional charges for all locations for the 60.21purpose of determining the annual surety bond requirement. The gross tuition and fees 60.22used to determine the amount of the surety bond required for a school having a license for 60.23the sole purpose of recruiting students in Minnesota shall be only that paid to the school 60.24by the students recruited from Minnesota. 60.25    (c) The bond shall run to the state of Minnesota and to any person who may have a 60.26cause of action against the applicant arising at any time after the bond is filed and before it 60.27is canceled for breach of any contract or agreement made by the applicant with any student. 60.28The aggregate liability of the surety for all breaches of the conditions of the bond shall not 60.29exceed the principal sum deposited by the school under paragraph (b). The surety of any 60.30bond may cancel it upon giving 60 days' notice in writing to the office and shall be relieved 60.31of liability for any breach of condition occurring after the effective date of cancellation. 60.32    (d) In lieu of bond, the applicant may deposit with the commissioner of finance a 60.33sum equal to the amount of the required surety bond in cash, or securities as may be 61.1legally purchased by savings banks or for trust funds in an aggregate market value equal 61.2to the amount of the required surety bond. 61.3    (e) Failure of a school to post and maintain the required surety bond or deposit under 61.4paragraph (d) may new text begin shall new text end result in denial, suspension, or revocation of the school's license. 61.5    Sec. 22. Minnesota Statutes 2006, section 141.25, subdivision 7, is amended to read: 61.6    Subd. 7. Minimum standards. A license shall be issued if the office first 61.7determines: 61.8    (1) that the applicant has a sound financial condition with sufficient resources 61.9available to: 61.10    (i) meet the school's financial obligations; 61.11    (ii) refund all tuition and other charges, within a reasonable period of time, in the 61.12event of dissolution of the school or in the event of any justifiable claims for refund against 61.13the school by the student body; 61.14    (iii) provide adequate service to its students and prospective students; and 61.15    (iv) maintain and support the school; 61.16    (2) that the applicant has satisfactory facilities with sufficient tools and equipment 61.17and the necessary number of work stations to prepare adequately the students currently 61.18enrolled, and those proposed to be enrolled; 61.19    (3) that the applicant employs a sufficient number of qualified teaching personnel to 61.20provide the educational programs contemplated; 61.21    (4) that the school has an organizational framework with administrative and 61.22instructional personnel to provide the programs and services it intends to offer; 61.23    (5) that the premises and conditions under which the students work and study are 61.24sanitary, healthful, and safe, according to modern standards; 61.25    (6) that the quality and content of each occupational course or program of study 61.26provides education and adequate preparation to enrolled students for entry level positions 61.27in the occupation for which prepared; 61.28    (7) that the living quarters which are owned, maintained, new text begin recommended, new text end or approved 61.29by the applicant for students are sanitary and safe; 61.30    (8) that the contract or enrollment agreement used by the school complies with 61.31the provisions in section 141.265; 61.32    (9) that contracts and agreements do not contain a wage assignment provision or a 61.33confession of judgment clause; and 62.1    (10) that there has been no adjudication of fraud or misrepresentation in any 62.2criminal, civil, or administrative proceeding in any jurisdiction against the school or its 62.3owner, officers, agents, or sponsoring organization. 62.4    Sec. 23. Minnesota Statutes 2006, section 141.25, subdivision 9, is amended to read: 62.5    Subd. 9. Catalog, brochure, or electronic display. Before a license is issued to 62.6a school, the school shall furnish to the office a catalog, brochure, or electronic display 62.7including: 62.8    (1) identifying data, such as volume number and date of publication; 62.9    (2) name and address of the school and its governing body and officials; 62.10    (3) a calendar of the school showing legal holidays, beginning and ending dates of 62.11each course quarter, term, or semester, and other important dates; 62.12    (4) the school policy and regulations on enrollment including dates and specific 62.13entrance requirements for each program; 62.14    (5) the school policy and regulations about leave, absences, class cuts, make-up 62.15work, tardiness, and interruptions for unsatisfactory attendance; 62.16    (6) the school policy and regulations about standards of progress for the student 62.17including the grading system of the school, the minimum grades considered satisfactory, 62.18conditions for interruption for unsatisfactory grades or progress, a description of any 62.19probationary period allowed by the school, and conditions of reentrance for those 62.20dismissed for unsatisfactory progress; 62.21    (7) the school policy and regulations about student conduct and conditions for 62.22dismissal for unsatisfactory conduct; 62.23    (8) a detailed schedule of fees, charges for tuition, books, supplies, tools, student 62.24activities, laboratory fees, service charges, rentals, deposits, and all other charges; 62.25    (9) the school policy and regulations, including an explanation of section 141.271, 62.26about refunding tuition, fees, and other charges if the student does not enter the program, 62.27withdraws from the program, or the program is discontinued; 62.28    (10) a description of the available facilities and equipment; 62.29    (11) a course outline syllabus for each course offered showing course objectives, 62.30subjects or units in the course, type of work or skill to be learned, and approximate time, 62.31hours, or credits to be spent on each subject or unit; 62.32    (12) the school policy and regulations about granting credit for previous education 62.33and preparation; 62.34    (13) new text begin a notice to students relating to the transferability of any credits earned at the new text end 62.35 new text begin school to other institutions; new text end 63.1     new text begin (14) new text end a procedure for investigating and resolving student complaints; and 63.2    (14) new text begin (15) new text end the name and address of the Minnesota Office of Higher Education. 63.3    A school that is exclusively a distance education school is exempt from clauses 63.4(3) and (5). 63.5    Sec. 24. Minnesota Statutes 2006, section 141.25, subdivision 10, is amended to read: 63.6    Subd. 10. Placement records. (a) Before a license is issued new text begin reissued new text end to a school 63.7that offers, advertises or implies a placement service, the school shall file with the office 63.8for the past year and thereafter at reasonable intervals determined by the office, a certified 63.9copy of the school's placement record, containing a list of graduates, a description of their 63.10jobs, names of their employers, and other information as the office may prescribe. 63.11    (b) Each school that offers a placement service shall furnish to each prospective 63.12student, new text begin upon request, new text end prior to enrollment, written information concerning the percentage 63.13of the previous year's graduates who were placed in the occupation for which prepared or 63.14in related employment. 63.15    Sec. 25. Minnesota Statutes 2006, section 141.25, subdivision 12, is amended to read: 63.16    Subd. 12. Permanent records. A school licensed under this chapter and located 63.17in Minnesota shall maintain a permanent record for each student for 50 years from the 63.18last date of the student's attendance. A school licensed under this chapter and offering 63.19distance instruction to a student located in Minnesota shall maintain a permanent record 63.20for each Minnesota student for 50 years from the last date of the student's attendance. 63.21Records include school transcripts, documents, and files containing student data about 63.22academic credits earned, courses completed, grades awarded, degrees awarded, and 63.23periods of attendance. To preserve permanent records, a school shall submit a plan that 63.24meets the following requirements: 63.25    (1) at least one copy of the records must be held in a secure, fireproof depository; 63.26    (2) an appropriate official must be designated to provide a student with copies of 63.27records or a transcript upon request; 63.28    (3) an alternative method, approved by the office, of complying with clauses (1) and 63.29(2) must be established if the school ceases to exist; and 63.30    (4) a continuous surety bond must be filed with the office in an amount not to exceed 63.31$20,000 if the school has no binding agreement new text begin approved by the office, new text end for preserving 63.32student records or a trust must be arranged if the school ceases to exist. new text begin The bond shall run new text end 63.33 new text begin to the state of Minnesota. new text end 64.1    Sec. 26. Minnesota Statutes 2006, section 141.255, subdivision 2, is amended to read: 64.2    Subd. 2. Renewal licensure fee; late fee. (a) The office processing fee for a 64.3renewal licensure application is: 64.4    (1) for a category A school, as determined by the office, the fee is $865 if the school 64.5offers one program or $1,150 if the school offers two or more programs; and 64.6    (2) for a category B or C school, as determined by the office, the fee is $430 if the 64.7school offers one program or $575 if the school offers two or more programs. 64.8    (b) If a license renewal application is not received by the office by the close of 64.9business at least 60 days before the expiration of the current license, a late fee of $100 64.10per business day new text begin , not to exceed $3,000, new text end shall be assessed. 64.11    Sec. 27. Minnesota Statutes 2006, section 141.265, subdivision 2, is amended to read: 64.12    Subd. 2. Contract information. A contract or enrollment agreement used by a 64.13school must include at least the following: 64.14    (1) the name and address of the school, clearly stated; 64.15    (2) a clear and conspicuous disclosure that the agreement is a legally binding 64.16instrument upon written acceptance of the student by the school unless canceled under 64.17section 141.271; 64.18    (3) the school's cancellation and refund policy that shall be clearly and conspicuously 64.19entitled "Buyer's Right to Cancel"; 64.20    (4) a clear statement of total cost of the program including tuition and all other 64.21charges; 64.22    (5) the name and description of the program, including the number of hours or 64.23credits of classroom instruction, or distance instruction, that shall be included; and 64.24    (6) a clear and conspicuous explanation of the form and means of notice the student 64.25should use in the event the student elects to cancel the contract or sale, the effective 64.26date of cancellation, and the name and address of the seller to which the notice should 64.27be sent or delivered. 64.28 new text begin The contract or enrollment agreement must not include a wage assignment provision or a new text end 64.29 new text begin confession of judgment clause. new text end 64.30    Sec. 28. Minnesota Statutes 2006, section 141.271, subdivision 10, is amended to read: 64.31    Subd. 10. Cancellation occurrence. Written notice of cancellation shall take place 64.32on the date the letter of cancellation is postmarked or, in the cases where the notice is hand 64.33carried, it shall occur on the date the notice is delivered to the school. If a student has not 64.34attended classes new text begin class new text end for a period of 21 consecutive days new text begin without contacting the school to new text end 65.1 new text begin indicate an intent to continue in school or otherwise making arrangements concerning the new text end 65.2 new text begin absence new text end , the student is considered to have withdrawn from school for all purposes as of 65.3the student's last documented date of attendance. 65.4    Sec. 29. Minnesota Statutes 2006, section 141.271, subdivision 12, is amended to read: 65.5    Subd. 12. Instrument not to be negotiated. A school shall not negotiate any 65.6promissory instrument received as payment of tuition or other charge prior to completion 65.7of 50 percent of the program. new text begin , except that new text end prior to that time, instruments may be transferred 65.8by assignment to purchasers who shall be subject to all defenses available against the 65.9school named as payee. 65.10    Sec. 30. Minnesota Statutes 2006, section 141.28, subdivision 1, is amended to read: 65.11    Subdivision 1. Not to advertise state approval new text begin Disclosure required new text end . Schools, 65.12agents of schools, and solicitors may not advertise or represent in writing or orally that 65.13such school is approved or accredited by the state of Minnesota, except that any new text begin A new text end 65.14school, agent, or solicitor may advertise new text begin represent in advertisements and shall disclose new text end 65.15 new text begin in catalogues, applications, and enrollment materials new text end that the school and solicitor have 65.16been new text begin is new text end duly licensed by the state using new text begin by prominently displaying new text end the following language new text begin new text end 65.17 new text begin statement new text end : 65.18"(Name of school) is licensed as a private career school with the Minnesota Office of 65.19Higher Education. Licensure is not an endorsement of the institution. Credits earned at the 65.20institution may not transfer to all other institutions. The educational programs may not 65.21meet the needs of every student or employer." 65.22    Sec. 31. Minnesota Statutes 2006, section 141.32, is amended to read: 65.23141.32 PENALTY. 65.24    Violation of a provision of this chapter shall be a misdemeanor. Each day's failure 65.25to comply with this chapter shall be a separate violation. The office shall adopt rules 65.26establishing a list of civil penalties and the fine associated with each violation. Fines for 65.27violations shall not exceed $500 per day per violation. new text begin The director may assess fines for new text end 65.28 new text begin violations of a provision of this chapter. Each day's failure to comply with a provision new text end 65.29 new text begin of sections 136A.615 to 136A.71 shall be a separate violation and fines shall not exceed new text end 65.30 new text begin $500 per day per violation. Amounts received under this section must be deposited in the new text end 65.31 new text begin special revenue fund and are appropriated for the purposes of this chapter. new text end 66.1    Sec. 32. Minnesota Statutes 2006, section 141.35, is amended to read: 66.2141.35 EXEMPTIONS. 66.3    Sections 141.21 to shall not apply to the following: 66.4    (1) public postsecondary institutions; 66.5    (2) private postsecondary institutions registered under sections new text begin 136A.615 new text end 66.6to 136A.71 that are nonprofit, or that are for profit and registered under sections 66.7to as of December 31, 1998, or are approved to offer exclusively baccalaureate 66.8or postbaccalaureate programs; 66.9    (3) schools of nursing accredited by the state Board of Nursing or an equivalent 66.10public board of another state or foreign country; 66.11    (4) private schools complying with the requirements of section 120A.22, subdivision 66.124 ; 66.13    (5) courses taught to students in a valid apprenticeship program taught by or 66.14required by a trade union; 66.15    (6) schools exclusively engaged in training physically or mentally disabled persons 66.16for the state of Minnesota; 66.17    (7) schools licensed by boards authorized under Minnesota law to issue licenses; 66.18    (8) schools and educational programs, or training programs, contracted for by 66.19persons, firms, corporations, government agencies, or associations, for the training of their 66.20own employees, for which no fee is charged the employee; 66.21    (9) schools engaged exclusively in the teaching of purely avocational, recreational, 66.22or remedial subjects as determined by the office; 66.23    (10) driver training schools and instructors as defined in section 171.33, subdivisions 66.241 and 2 ; 66.25    (11) classes, courses, or programs conducted by a bona fide trade, professional, or 66.26fraternal organization, solely for that organization's membership; 66.27    (12) new text begin (11) new text end programs in the fine arts provided by organizations exempt from taxation 66.28under section 290.05 and registered with the attorney general under chapter 309. For 66.29the purposes of this clause, "fine arts" means activities resulting in artistic creation or 66.30artistic performance of works of the imagination which are engaged in for the primary 66.31purpose of creative expression rather than commercial sale or employment. In making 66.32this determination the office may seek the advice and recommendation of the Minnesota 66.33Board of the Arts; 66.34    (13) new text begin (12) new text end classes, courses, or programs intended to fulfill the continuing education 66.35requirements for licensure or certification in a profession, that have been approved by 66.36a legislatively or judicially established board or agency responsible for regulating the 67.1practice of the profession, and that are offered exclusively to an individual practicing 67.2the profession; 67.3    (14) new text begin (13) new text end classes, courses, or programs intended to prepare students to sit for 67.4undergraduate, graduate, postgraduate, or occupational licensing and occupational 67.5entrance examinations; 67.6    (15) new text begin (14) new text end classes, courses, or programs providing 16 or fewer clock hours of 67.7instruction that are not part of the curriculum for an occupation or entry level employment; 67.8    (16) new text begin (15) new text end classes, courses, or programs providing instruction in personal 67.9development, modeling, or acting; 67.10    (17) new text begin (16) new text end training or instructional programs, in which one instructor teaches an 67.11individual student, that are not part of the curriculum for an occupation or are not intended 67.12to prepare a person for entry level employment; and 67.13    (18) new text begin (17) new text end schools with no physical presence in Minnesota, as determined by the 67.14office, engaged exclusively in offering distance instruction that are located in and 67.15regulated by other states or jurisdictions. 67.16    Sec. 33. new text begin [141.37] EXEMPTION; RELIGIOUS SCHOOLS. new text end 67.17     new text begin Subdivision 1. new text end new text begin Exemption. new text end new text begin Any school or any department or branch of a school: new text end 67.18     new text begin (1) which is substantially owned, operated, or supported by a bona fide church new text end 67.19 new text begin or religious organization; new text end 67.20     new text begin (2) whose programs are primarily designed for, aimed at, and attended by persons new text end 67.21 new text begin who sincerely hold or seek to learn the particular religious faith or beliefs of that church or new text end 67.22 new text begin religious organization; and new text end 67.23     new text begin (3) whose programs are primarily intended to prepare its students to become new text end 67.24 new text begin ministers of, to enter into some other vocation closely related to, or to conduct their lives new text end 67.25 new text begin in consonance with the particular faith of that church or religious organization, new text end 67.26 new text begin is exempt from the provisions of sections 141.21 to 141.32. new text end 67.27     new text begin Subd. 2. new text end new text begin Limitations. new text end new text begin (a) An exemption shall not extend to any school, department new text end 67.28 new text begin or branch of a school, or program of a school which through advertisements or solicitations new text end 67.29 new text begin represents to any students or prospective students that the school, its aims, goals, missions, new text end 67.30 new text begin purposes, or programs are different from those described in subdivision 1. new text end 67.31     new text begin (b) An exemption shall not extend to any school which represents to any student or new text end 67.32 new text begin prospective student that the major purpose of its programs is to: new text end 67.33     new text begin (1) prepare the student for a vocation not closely related to that particular religious new text end 67.34 new text begin faith; or new text end 68.1     new text begin (2) provide the student with a general educational program recognized by other new text end 68.2 new text begin schools or the broader educational, business, or social community as being substantially new text end 68.3 new text begin equivalent to the educational programs offered by schools or departments or branches of new text end 68.4 new text begin schools which are not religious in nature and are not exempt from chapter 141 and from new text end 68.5 new text begin rules adopted pursuant under this chapter. new text end 68.6     new text begin Subd. 3. new text end new text begin Scope. new text end new text begin Nothing in this chapter or the rules adopted under it shall be new text end 68.7 new text begin interpreted as permitting the office to determine the truth or falsity of any particular set new text end 68.8 new text begin of religious beliefs. new text end 68.9     new text begin Subd. 4. new text end new text begin Descriptive language required. new text end new text begin Any certificate, diploma, degree, or other new text end 68.10 new text begin formal recognition awarded upon completion of any religiously exempt program shall new text end 68.11 new text begin include such descriptive language as to make the religious nature of the award clear. new text end 68.12    Sec. 34. new text begin EFFECTIVE DATE; TRANSITION PROCESS. new text end 68.13     new text begin Changes in Minnesota Statutes, chapter 141, and sections 136A.615 to 136A.71, new text end 68.14 new text begin shall be effective July 1, 2007. Schools currently licensed pursuant to Minnesota Statutes, new text end 68.15 new text begin chapter 141, that qualify for private institution registration after July 1, 2007, shall apply new text end 68.16 new text begin for and complete the process for registration prior to the expiration of their current private new text end 68.17 new text begin career school license. Schools currently registered as private institutions pursuant to new text end 68.18 new text begin Minnesota Statutes, sections 136A.61 to 136A.71, that are required to obtain a private new text end 68.19 new text begin career school license after August 1, 2007, shall apply for and complete the process for new text end 68.20 new text begin licensure prior to the expiration of the current registration, but in any event no later than new text end 68.21 new text begin December 31, 2007. The office is authorized to extend existing license or registration for a new text end 68.22 new text begin reasonable period of time to allow for the completion of the new processes when necessary. new text end 68.23ARTICLE 6 68.24JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS 68.25 Section 1. new text begin JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS. new text end 68.26     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 68.27 new text begin in this article. new text end 68.28 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 68.29 new text begin General new text end new text begin $ new text end new text begin 94,435,000 new text end new text begin $ new text end new text begin 60,084,000 new text end new text begin $ new text end new text begin 154,519,000 new text end 68.30 new text begin Workforce Development new text end new text begin 14,935,000 new text end new text begin 14,951,000 new text end new text begin 29,886,000 new text end 68.31 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end new text begin 1,400,000 new text end 68.32 68.33 new text begin State Government Special new text end new text begin Revenue new text end new text begin 1,877,000 new text end new text begin 1,925,000 new text end new text begin 3,802,000 new text end 68.34 new text begin Workers' Compensation new text end new text begin 23,379,000 new text end new text begin 23,763,000 new text end new text begin 47,142,000 new text end 68.35 new text begin Total new text end new text begin $ new text end new text begin 135,326,000 new text end new text begin $ new text end new text begin 101,423,000 new text end new text begin $ new text end new text begin 236,749,000 new text end 69.1 Sec. 2. new text begin JOBS AND ECONOMIC DEVELOPMENT. new text end 69.2     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 69.3 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 69.4 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 69.5 new text begin for each purpose. The figures "2008" and "2009" used in this article mean that the new text end 69.6 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2008, or new text end 69.7 new text begin June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal new text end 69.8 new text begin year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal new text end 69.9 new text begin year ending June 30, 2007, are effective the day following final enactment. new text end 69.10 new text begin APPROPRIATIONS new text end 69.11 new text begin Available for the Year new text end 69.12 new text begin Ending June 30 new text end 69.13 new text begin 2008 new text end new text begin 2009 new text end 69.14 69.15 Sec. 3. new text begin DEPARTMENT OF EMPLOYMENT new text end new text begin AND ECONOMIC DEVELOPMENT new text end 69.16 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 100,762,000 new text end new text begin $ new text end new text begin 66,014,000 new text end 69.17 new text begin Appropriations by Fund new text end 69.18 new text begin 2008 new text end new text begin 2009 new text end 69.19 new text begin General new text end new text begin 85,892,000 new text end new text begin 51,144,000 new text end 69.20 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end 69.21 69.22 new text begin Workforce new text end new text begin Development new text end new text begin 14,170,000 new text end new text begin 14,170,000 new text end 69.23 new text begin The amounts that may be spent for each new text end 69.24 new text begin purpose are specified in the following new text end 69.25 new text begin subdivisions. new text end 69.26 69.27 new text begin Subd. 2. new text end new text begin Business and Community new text end new text begin Development new text end new text begin 48,868,000 new text end new text begin 14,372,000 new text end 69.28 new text begin Appropriations by Fund new text end 69.29 new text begin General new text end new text begin 48,168,000 new text end new text begin 13,672,000 new text end 69.30 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end 69.31 new text begin (a)(1) $1,100,000 is for a grant under new text end 69.32 new text begin Minnesota Statutes, section 116J.421, new text end 69.33 new text begin to the Rural Policy and Development new text end 69.34 new text begin Center at St. Peter, Minnesota. The grant new text end 69.35 new text begin shall be used for research and policy new text end 69.36 new text begin analysis on emerging economic and social new text end 70.1 new text begin issues in rural Minnesota, to serve as a new text end 70.2 new text begin policy resource center for rural Minnesota new text end 70.3 new text begin communities, to encourage collaboration new text end 70.4 new text begin across higher education institutions, to new text end 70.5 new text begin provide interdisciplinary team approaches new text end 70.6 new text begin to research and problem-solving in rural new text end 70.7 new text begin communities, and to administer overall new text end 70.8 new text begin operations of the center. new text end 70.9 new text begin (2) The grant shall be provided upon the new text end 70.10 new text begin condition that each state-appropriated new text end 70.11 new text begin dollar be matched with a nonstate dollar. new text end 70.12 new text begin Acceptable matching funds are nonstate new text end 70.13 new text begin contributions that the center has received and new text end 70.14 new text begin have not been used to match previous state new text end 70.15 new text begin grants. Any funds not spent the first year are new text end 70.16 new text begin available the second year. new text end 70.17 new text begin (b) $200,000 each year is for a grant to new text end 70.18 new text begin WomenVenture for women's business new text end 70.19 new text begin development programs. new text end 70.20 new text begin (c) $500,000 the first year is for a grant to new text end 70.21 new text begin University Enterprise Laboratories (UEL) new text end 70.22 new text begin for its direct and indirect expenses to support new text end 70.23 new text begin efforts to encourage the growth of early-stage new text end 70.24 new text begin and emerging bioscience companies. UEL new text end 70.25 new text begin must provide a report by June 30 each year new text end 70.26 new text begin to the commissioner on the expenditures new text end 70.27 new text begin until the appropriation is expended. This is a new text end 70.28 new text begin onetime appropriation and is available until new text end 70.29 new text begin expended. new text end 70.30 new text begin (d) $1,990,000 the first year is for grants new text end 70.31 new text begin under Minnesota Statutes, section 116J.571, new text end 70.32 new text begin for the redevelopment grant program. This is new text end 70.33 new text begin a onetime appropriation. new text end 70.34 new text begin (e) $100,000 each year is to the Public new text end 70.35 new text begin Facilities Authority for the small community new text end 71.1 new text begin wastewater treatment program under new text end 71.2 new text begin Minnesota Statutes, chapter 446A. new text end 71.3 new text begin (f) $510,000 the first year is for the urban new text end 71.4 new text begin initiative program under Minnesota Statutes, new text end 71.5 new text begin chapter 116M, of which, $255,000 is for new text end 71.6 new text begin a grant to the Metropolitan Economic new text end 71.7 new text begin Development Association for continuing new text end 71.8 new text begin minority business development programs new text end 71.9 new text begin in the metropolitan area. This is a onetime new text end 71.10 new text begin appropriation. new text end 71.11 new text begin (g) $85,000 each year is for a grant to the new text end 71.12 new text begin Minnesota Inventors Congress, of which new text end 71.13 new text begin $10,000 must be used for youth inventors. new text end 71.14 new text begin (h) $151,000 the first year is for a grant to the new text end 71.15 new text begin city of Faribault to design, construct, furnish, new text end 71.16 new text begin and equip renovations to accommodate new text end 71.17 new text begin handicapped accessibility at the Paradise new text end 71.18 new text begin Center for the Arts. new text end 71.19 new text begin (i) $3,000,000 the first year is for loans new text end 71.20 new text begin authorized under Minnesota Statutes, section new text end 71.21 new text begin 116J.417. This appropriation is available new text end 71.22 new text begin until expended. new text end 71.23 new text begin (j) $1,000,000 each year is to Minnesota new text end 71.24 new text begin Technology, Inc. for the small business new text end 71.25 new text begin growth acceleration program established new text end 71.26 new text begin under Minnesota Statutes, section new text end new text begin . new text end 71.27 new text begin This is a onetime appropriation. new text end 71.28 new text begin (k) $350,000 the first year is for a grant to new text end 71.29 new text begin the city of Northome for the construction new text end 71.30 new text begin of a new municipal building to replace the new text end 71.31 new text begin structures damaged by fire on July 22, 2006. new text end 71.32 new text begin This appropriation is available when the new text end 71.33 new text begin commissioner determines that a sufficient new text end 71.34 new text begin match is available from nonstate sources to new text end 71.35 new text begin complete the project. new text end 72.1 new text begin (l) $325,000 each year is for a technology new text end 72.2 new text begin and commercialization unit established new text end 72.3 new text begin under article 7, section 32. This is a onetime new text end 72.4 new text begin appropriation. new text end 72.5 new text begin (m) $500,000 in the first year is for a new text end 72.6 new text begin grant to the city of Worthington for an new text end 72.7 new text begin agricultural-based bioscience training and new text end 72.8 new text begin testing center. Funds appropriated under this new text end 72.9 new text begin section must be used to provide a training new text end 72.10 new text begin and testing facility for incubator firms new text end 72.11 new text begin developing new agricultural processes and new text end 72.12 new text begin products. This is a onetime appropriation new text end 72.13 new text begin and is available until expended. new text end 72.14 new text begin (n) $2,200,000 in the first year is for a grant new text end 72.15 new text begin to BioBusiness Alliance of Minnesota for new text end 72.16 new text begin bioscience business development programs new text end 72.17 new text begin to promote and position the state as a global new text end 72.18 new text begin leader in bioscience business activities. new text end 72.19 new text begin These funds may be used for: new text end 72.20 new text begin (1) completion and periodic updating of new text end 72.21 new text begin a statewide bioscience business industry new text end 72.22 new text begin assessment of business technology new text end 72.23 new text begin enterprises and Minnesota's competitive new text end 72.24 new text begin position employing annual updates to federal new text end 72.25 new text begin industry classification data; new text end 72.26 new text begin (2) long-term strategic planning that includes new text end 72.27 new text begin projections of market changes resulting new text end 72.28 new text begin from developments in biotechnology and the new text end 72.29 new text begin development of 20-year goals, strategies, and new text end 72.30 new text begin identified objectives for renewable energy, new text end 72.31 new text begin medical devices, biopharma, and biologics new text end 72.32 new text begin business development in Minnesota; new text end 72.33 new text begin (3) the design and construction of a new text end 72.34 new text begin Minnesota focused bioscience business new text end 72.35 new text begin model to test competing strategies and new text end 73.1 new text begin scenarios, evaluate options, and forecast new text end 73.2 new text begin outcomes; and new text end 73.3 new text begin (4) creation of a bioscience business new text end 73.4 new text begin resources network that includes development new text end 73.5 new text begin of a statewide bioscience business economic new text end 73.6 new text begin development framework to encourage new text end 73.7 new text begin bioscience business development and new text end 73.8 new text begin encourage spin-off activities, attract new text end 73.9 new text begin bioscience business location or expansion in new text end 73.10 new text begin Minnesota, and establish a local capability to new text end 73.11 new text begin support strategic system level planning for new text end 73.12 new text begin industry, government, and academia. new text end 73.13 new text begin This appropriation is available until June 30, new text end 73.14 new text begin 2009. new text end 73.15 new text begin (o) $325,000 is for a grant to the Walker new text end 73.16 new text begin Area Community Center, Inc., to construct, new text end 73.17 new text begin furnish, and equip the Walker Area new text end 73.18 new text begin Community Center. This appropriation is new text end 73.19 new text begin not available until the commissioner has new text end 73.20 new text begin determined that an amount sufficient to new text end 73.21 new text begin complete the project has been committed new text end 73.22 new text begin from nonstate sources. new text end 73.23 new text begin (p) $120,000 the first year is for a grant new text end 73.24 new text begin to the Pine Island Economic Development new text end 73.25 new text begin Authority for predesign to upgrade and new text end 73.26 new text begin extend utilities to serve Elk Run Bioscience new text end 73.27 new text begin Research Park and The Falls - Healthy new text end 73.28 new text begin Living By Nature, an integrated medicine new text end 73.29 new text begin facility. This is a onetime appropriation and new text end 73.30 new text begin is available until expended. new text end 73.31 new text begin (q) $300,000 the first year is for a grant new text end 73.32 new text begin to Thomson Township for infrastructure new text end 73.33 new text begin improvements for the industrial park. This is new text end 73.34 new text begin a onetime appropriation. new text end 74.1 new text begin (r) $75,000 the first year for a grant to new text end 74.2 new text begin Le Sueur County for the cost of cleaning new text end 74.3 new text begin debris from lakes in Le Sueur County, new text end 74.4 new text begin caused by the August 24, 2006, tornado in new text end 74.5 new text begin southern Le Sueur County. This is a onetime new text end 74.6 new text begin appropriation. new text end 74.7 new text begin (s) $3,000,000 the second year is for new text end 74.8 new text begin bioscience business development and new text end 74.9 new text begin commercialization grants. The commissioner new text end 74.10 new text begin shall designate an evaluation team to accept new text end 74.11 new text begin grant applications, review and evaluate new text end 74.12 new text begin grant proposals, and select up to five grant new text end 74.13 new text begin proposals to receive funding each year. new text end 74.14 new text begin The evaluation team shall be comprised new text end 74.15 new text begin of not more than 12 members including: new text end 74.16 new text begin the commissioner or the commissioner's new text end 74.17 new text begin designee; representatives of bioscience new text end 74.18 new text begin businesses; public and private institutions new text end 74.19 new text begin of higher education; private investment new text end 74.20 new text begin companies; a nonprofit entity that qualifies as new text end 74.21 new text begin a 501(c)6 under the Internal Revenue Code new text end 74.22 new text begin and is a trade association representing the new text end 74.23 new text begin life sciences industry; and a bio business new text end 74.24 new text begin alliance that qualifies as a 501(c)3 under the new text end 74.25 new text begin Internal Revenue Code. The criteria used new text end 74.26 new text begin by the evaluation team in evaluating grant new text end 74.27 new text begin proposals must include, but is not limited new text end 74.28 new text begin to: the potential to create and sustain jobs new text end 74.29 new text begin within the state of Minnesota; the potential new text end 74.30 new text begin for long-term business activity, growth, new text end 74.31 new text begin and expansion in Minnesota; the level of new text end 74.32 new text begin technological maturity; the potential to attract new text end 74.33 new text begin private investment; and the availability and new text end 74.34 new text begin readiness of markets. The commissioner new text end 74.35 new text begin must report to the standing committees of new text end 74.36 new text begin the house of representatives and the senate new text end 75.1 new text begin having jurisdiction over bioscience and new text end 75.2 new text begin technology issues by February 1 each year new text end 75.3 new text begin on the number, type, and amounts of grants new text end 75.4 new text begin awarded and the activities of the grant new text end 75.5 new text begin recipients. This is a onetime appropriation new text end 75.6 new text begin and is available until expended. new text end 75.7 new text begin (t) $1,500,000 the first year is for the urban new text end 75.8 new text begin challenge grant program under Minnesota new text end 75.9 new text begin Statutes, section 116M.18, of which new text end 75.10 new text begin $1,000,000 is for a grant to the Neighborhood new text end 75.11 new text begin Development Center for assistance necessary new text end 75.12 new text begin to retain minority business enterprises new text end 75.13 new text begin at the Global Market. This is a onetime new text end 75.14 new text begin appropriation. new text end 75.15 new text begin (u) $375,000 each year is to develop and new text end 75.16 new text begin operate a bioscience business marketing new text end 75.17 new text begin program to market Minneota bioscience new text end 75.18 new text begin businesses and business opportunities new text end 75.19 new text begin to other states and other countries. The new text end 75.20 new text begin bioscience business marketing program must new text end 75.21 new text begin emphasize bioscience business location and new text end 75.22 new text begin expansion opportunities in communities new text end 75.23 new text begin outside of the seven-county metropolitan new text end 75.24 new text begin area as defined in Minnesota Statutes, new text end 75.25 new text begin section 473.121, subdivision 2, that have new text end 75.26 new text begin established collaborative plans among two new text end 75.27 new text begin or more municipal units for bioscience new text end 75.28 new text begin business activities, and that are within 15 new text end 75.29 new text begin miles of a four-year, baccalaureate degree new text end 75.30 new text begin granting institution or a two-year technical new text end 75.31 new text begin or community college that offers bioscience new text end 75.32 new text begin curricula. The commissioner must report new text end 75.33 new text begin to the committees of the senate and house new text end 75.34 new text begin of representatives having jurisdiction new text end 75.35 new text begin over bioscience and technology issues by new text end 75.36 new text begin February 1 of each year on the expenditures new text end 76.1 new text begin of these funds and the promotional activities new text end 76.2 new text begin undertaken to market the Minnesota new text end 76.3 new text begin bioscience industry to persons outside of the new text end 76.4 new text begin state. This is a onetime appropriation and is new text end 76.5 new text begin available until expended. new text end 76.6 new text begin (v) $225,000 each year is for the purposes new text end 76.7 new text begin of the nanotechnology development fund new text end 76.8 new text begin (NDF) established in section 12, for grants new text end 76.9 new text begin to promote increased use of advanced new text end 76.10 new text begin instrumentation for nanomaterials analysis, new text end 76.11 new text begin to be awarded on a one-to-one matching basis new text end 76.12 new text begin to qualifying Minnesota small businesses. new text end 76.13 new text begin This is a onetime appropriation. new text end 76.14 new text begin (w) $50,000 the first year is for a contract new text end 76.15 new text begin with a public higher education institution new text end 76.16 new text begin in Minnesota jointly entered into with the new text end 76.17 new text begin Center for Rural Development to study the new text end 76.18 new text begin needs of the renewable energy economy for new text end 76.19 new text begin trained employees and the training required new text end 76.20 new text begin for those employees. The study must include new text end 76.21 new text begin extensive consultation and involvement of new text end 76.22 new text begin representatives of the renewable energy new text end 76.23 new text begin industry, environmental interests, labor, the new text end 76.24 new text begin University of Minnesota, and the Minnesota new text end 76.25 new text begin State Colleges and Universities. The new text end 76.26 new text begin commissioner shall report the results of the new text end 76.27 new text begin study to the chairs of the finance divisions new text end 76.28 new text begin of the legislature with jurisdiction over new text end 76.29 new text begin economic development, energy, and higher new text end 76.30 new text begin education by November 1, 2007. This is a new text end 76.31 new text begin onetime appropriation. new text end 76.32 new text begin (x) $25,000,000 is for the Minnesota new text end 76.33 new text begin minerals 21st century fund created in new text end 76.34 new text begin Minnesota Statutes, section 116J.423, new text end 76.35 new text begin to restore the money unallotted by the new text end 77.1 new text begin commissioner of finance in 2003 pursuant new text end 77.2 new text begin to Minnesota Statutes, section 16A.152. new text end 77.3 new text begin This appropriation may be used as provided new text end 77.4 new text begin in Minnesota Statutes, section 116J.423, new text end 77.5 new text begin subdivision 2. This appropriation is available new text end 77.6 new text begin until expended. new text end 77.7 new text begin (y) $900,000 each year is for a grant to the new text end 77.8 new text begin city of St. Paul to be used to pay debt service new text end 77.9 new text begin on bond obligations issued by the city of St. new text end 77.10 new text begin Paul in 1996 for the convention center. new text end 77.11 new text begin (z) $189,000 each year is appropriated from new text end 77.12 new text begin the general fund to the commissioner of new text end 77.13 new text begin employment and economic development for new text end 77.14 new text begin grants of $63,000 to eligible organizations new text end 77.15 new text begin each year and for the purposes of this new text end 77.16 new text begin paragraph. Each state grant dollar must be new text end 77.17 new text begin matched with $1 of nonstate funds. Any new text end 77.18 new text begin balance in the first year does not cancel but is new text end 77.19 new text begin available in the second year. new text end 77.20 new text begin The commissioner of employment and new text end 77.21 new text begin economic development must make grants to new text end 77.22 new text begin organizations to assist in the development new text end 77.23 new text begin of entrepreneurs and small businesses. new text end 77.24 new text begin Three grants must be awarded to continue new text end 77.25 new text begin or to develop a program. One grant must new text end 77.26 new text begin be awarded to the Riverbend Center for new text end 77.27 new text begin Entrepreneurial Facilitation in Blue Earth new text end 77.28 new text begin County, and two to other organizations new text end 77.29 new text begin serving Faribault and Martin Counties. Grant new text end 77.30 new text begin recipients must report to the commissioner new text end 77.31 new text begin by February 1 of each year that the new text end 77.32 new text begin organization receives a grant with the new text end 77.33 new text begin number of customers served; the number of new text end 77.34 new text begin businesses started, stabilized, or expanded; new text end 77.35 new text begin the number of jobs created and retained; and new text end 78.1 new text begin business success rates. The commissioner new text end 78.2 new text begin must report to the house of representatives new text end 78.3 new text begin and senate committees with jurisdiction new text end 78.4 new text begin over economic development finance on the new text end 78.5 new text begin effectiveness of these programs for assisting new text end 78.6 new text begin in the development of entrepreneurs and new text end 78.7 new text begin small businesses. new text end 78.8 new text begin (aa) $10,000 for the biennium is to the new text end 78.9 new text begin commissioner of employment and economic new text end 78.10 new text begin development for the Minnesota investment new text end 78.11 new text begin fund. This grant is not subject to grant new text end 78.12 new text begin limitations under section 116J.8731, new text end 78.13 new text begin subdivision 5. new text end 78.14 new text begin Subd. 3. new text end new text begin Workforce Development new text end new text begin 48,896,000 new text end new text begin 48,622,000 new text end 78.15 new text begin Appropriations by Fund new text end 78.16 new text begin General new text end new text begin 34,726,000 new text end new text begin 34,452,000 new text end 78.17 78.18 new text begin Workforce new text end new text begin Development new text end new text begin 14,170,000 new text end new text begin 14,170,000 new text end 78.19 new text begin (a) $6,785,000 each year is for the Minnesota new text end 78.20 new text begin job skills partnership program under new text end 78.21 new text begin Minnesota Statutes, sections 116L.01 to new text end 78.22 new text begin 116L.17. If the appropriation for either new text end 78.23 new text begin year is insufficient, the appropriation for the new text end 78.24 new text begin other year is available. This appropriation is new text end 78.25 new text begin available until spent. new text end 78.26 new text begin (b) $305,000 each year is for a grant under new text end 78.27 new text begin Minnesota Statutes, section 116J.8747, to new text end 78.28 new text begin Twin Cities RISE! to provide training to new text end 78.29 new text begin hard-to-train individuals. new text end 78.30 new text begin (c) $1,375,000 each year is from new text end 78.31 new text begin the workforce development fund for new text end 78.32 new text begin Opportunities Industrialization Center new text end 78.33 new text begin programs. new text end 78.34 new text begin (d) $5,864,000 each year is from the general new text end 78.35 new text begin fund and $6,920,000 each year is from the new text end 79.1 new text begin workforce development fund for extended new text end 79.2 new text begin employment services for persons with new text end 79.3 new text begin severe disabilities or related conditions under new text end 79.4 new text begin Minnesota Statutes, section 268A.15. Of this, new text end 79.5 new text begin $125,000 each year and in the base for fiscal new text end 79.6 new text begin years 2010 and 2011 is to supplement funds new text end 79.7 new text begin paid for wage incentive for the community new text end 79.8 new text begin support fund established in Minnesota Rules, new text end 79.9 new text begin part 3300.2045. new text end 79.10 new text begin (e) $1,900,000 each year is for grants for new text end 79.11 new text begin programs that provide employment support new text end 79.12 new text begin services to persons with mental illness under new text end 79.13 new text begin Minnesota Statutes, sections 268A.13 and new text end 79.14 new text begin 268A.14. Up to $77,000 each year may be new text end 79.15 new text begin used for administrative and salary expenses. new text end 79.16 new text begin (f) $2,190,000 each year is for grants under new text end 79.17 new text begin Minnesota Statutes, section 268A.11, for the new text end 79.18 new text begin eight centers for independent living. Money new text end 79.19 new text begin not expended the first year is available the new text end 79.20 new text begin second year. new text end 79.21 new text begin (g) $5,940,000 each year is for State Services new text end 79.22 new text begin for the Blind activities. new text end 79.23 new text begin (h) $150,000 each year is from the general new text end 79.24 new text begin fund and $175,000 each year is from the new text end 79.25 new text begin workforce development fund for grants under new text end 79.26 new text begin Minnesota Statutes, section 268A.03, to Rise, new text end 79.27 new text begin Inc. for the Minnesota Employment Center new text end 79.28 new text begin for People Who are Deaf or Hard-of-Hearing. new text end 79.29 new text begin Money not expended the first year is new text end 79.30 new text begin available the second year. new text end 79.31 new text begin (i) $9,021,000 each year from the general new text end 79.32 new text begin fund is for the vocational rehabilitation new text end 79.33 new text begin program and $325,000 each year from new text end 79.34 new text begin the workforce development fund is for new text end 79.35 new text begin interpreters for a regional transition program new text end 80.1 new text begin specializing in culturally appropriate new text end 80.2 new text begin transition services leading to employment new text end 80.3 new text begin for deaf, hard-of-hearing, and deaf-blind new text end 80.4 new text begin students. new text end 80.5 new text begin (j) $150,000 each year is for a grant to new text end 80.6 new text begin Advocating Change Together for training, new text end 80.7 new text begin technical assistance, and resource materials new text end 80.8 new text begin to persons with developmental and mental new text end 80.9 new text begin illness disabilities. new text end 80.10 new text begin (k) $250,000 each year for a grant to new text end 80.11 new text begin Lifetrack Resources for its immigrant/refugee new text end 80.12 new text begin collaborative programs, including those new text end 80.13 new text begin related to job-seeking skills and workplace new text end 80.14 new text begin orientation, intensive job development, new text end 80.15 new text begin functional work English, and on-site job new text end 80.16 new text begin coaching. new text end 80.17 new text begin (l) $1,075,000 each year is for the youthbuild new text end 80.18 new text begin program under Minnesota Statutes, sections new text end 80.19 new text begin 116L.361 to 116L.366. new text end 80.20 new text begin (m) $1,350,000 each year is from the new text end 80.21 new text begin workforce development fund for grants new text end 80.22 new text begin to fund summer youth employment in new text end 80.23 new text begin Minneapolis. The grants shall be used to new text end 80.24 new text begin fund up to 500 jobs for youth each summer. new text end 80.25 new text begin Of this appropriation, $350,000 each year is new text end 80.26 new text begin for a grant to the learn-to-earn summer youth new text end 80.27 new text begin employment program. The commissioner new text end 80.28 new text begin shall establish criteria for awarding the new text end 80.29 new text begin grants. This appropriation is available in new text end 80.30 new text begin either year of the biennium and is available new text end 80.31 new text begin until spent. new text end 80.32 new text begin (n) $50,000 each year is for a grant new text end 80.33 new text begin to Northern Connections in Perham to new text end 80.34 new text begin implement and operate a pilot workforce new text end 80.35 new text begin program that provides one-stop supportive new text end 81.1 new text begin services to assist individuals as they transition new text end 81.2 new text begin into the workforce. This appropriation is new text end 81.3 new text begin available to the extent it is matched by $1 of new text end 81.4 new text begin nonstate money for each $1 of state money. new text end 81.5 new text begin (o) $100,000 each year is for a grant to new text end 81.6 new text begin Ramsey County Workforce Investment Board new text end 81.7 new text begin for the development of the building lives new text end 81.8 new text begin program. This is a onetime appropriation. new text end 81.9 new text begin (p) $300,000 each year is for a grant to the new text end 81.10 new text begin Hennepin-Carver Workforce Investment new text end 81.11 new text begin Board (WIB) to coordinate with the Partners new text end 81.12 new text begin for Progress Regional Skills Consortium new text end 81.13 new text begin to provide employment and training as new text end 81.14 new text begin demonstrated by the Twin Cities regional new text end 81.15 new text begin health care training partnership project. new text end 81.16 new text begin (q) $160,000 the first year is for a grant new text end 81.17 new text begin to Workforce Development, Inc., for a new text end 81.18 new text begin pilot project to provide demand-driven new text end 81.19 new text begin employment and training services to new text end 81.20 new text begin welfare recipients and other economically new text end 81.21 new text begin disadvantaged populations in Mower, new text end 81.22 new text begin Freeborn, Dodge, and Steele Counties. This new text end 81.23 new text begin is a onetime appropriation. new text end 81.24 new text begin (r) $200,000 each year is for a grant to new text end 81.25 new text begin HIRED to operate its industry sector training new text end 81.26 new text begin initiatives, which provide employee training new text end 81.27 new text begin developed in collaboration with employers in new text end 81.28 new text begin specific, high-demand industries. This is a new text end 81.29 new text begin onetime appropriation. new text end 81.30 new text begin (s) $200,000 the first year is for a grant new text end 81.31 new text begin to a nonprofit organization. The nonprofit new text end 81.32 new text begin organization must work on behalf of all new text end 81.33 new text begin licensed vendors to coordinate their efforts new text end 81.34 new text begin to respond to solicitations or other requests new text end 81.35 new text begin from private and governmental units as new text end 82.1 new text begin defined in Minnesota Statutes, section new text end 82.2 new text begin 471.59, subdivision 1, in order to increase new text end 82.3 new text begin employment opportunities for persons with new text end 82.4 new text begin disabilities. new text end 82.5 new text begin (t) $3,500,000 each year from the workforce new text end 82.6 new text begin development fund is for the Minnesota youth new text end 82.7 new text begin program under Minnesota Statutes, section new text end 82.8 new text begin 116L.56 and 116L.561. new text end 82.9 new text begin (u) $500,000 each year from the workforce new text end 82.10 new text begin development fund is for a grant to the new text end 82.11 new text begin Minnesota Alliance of Boys and Girls new text end 82.12 new text begin Clubs to administer a statewide project new text end 82.13 new text begin of youth job skills development. This new text end 82.14 new text begin project, which may have career guidance new text end 82.15 new text begin components, including health and life skills, new text end 82.16 new text begin is to encourage, train, and assist youth in new text end 82.17 new text begin job-seeking skills, workplace orientation, new text end 82.18 new text begin and job site knowledge through coaching. new text end 82.19 new text begin This grant requires a 25 percent match from new text end 82.20 new text begin nonstate resources. new text end 82.21 new text begin (v) $350,000 in each year from the workforce new text end 82.22 new text begin development fund is for a grant to Ramsey new text end 82.23 new text begin County for a summer youth employment new text end 82.24 new text begin program to place at-risk youth, ages 14 to 21, new text end 82.25 new text begin in subsidized summer employment. new text end 82.26 new text begin The commissioner must provide funding new text end 82.27 new text begin for the Minnesota Conservation Corps to new text end 82.28 new text begin provide learning stipends for deaf students new text end 82.29 new text begin and wages for interpreters participating in new text end 82.30 new text begin the MCC summer youth program. new text end 82.31 new text begin Subd. 4. new text end new text begin State-Funded Administration new text end new text begin 2,998,000 new text end new text begin 3,020,000 new text end 82.32 new text begin The first $1,450,000 deposited in each new text end 82.33 new text begin year of the biennium and in each year of new text end 82.34 new text begin subsequent bienniums into the contingent new text end 82.35 new text begin account created under Minnesota Statutes, new text end 83.1 new text begin section 268.196, subdivision 3, shall be new text end 83.2 new text begin transferred by June 30 of each fiscal year new text end 83.3 new text begin to the workforce development fund created new text end 83.4 new text begin under Minnesota Statutes, section 116L.20. new text end 83.5 new text begin Deposits in excess of $1,450,000 shall be new text end 83.6 new text begin transferred by June 30 of each fiscal year to new text end 83.7 new text begin the general fund. new text end 83.8 83.9 Sec. 4. new text begin DEPARTMENT OF LABOR AND new text end new text begin INDUSTRY new text end 83.10 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 29,002,000 new text end new text begin $ new text end new text begin 29,794,000 new text end 83.11 new text begin Appropriations by Fund new text end 83.12 new text begin 2008 new text end new text begin 2009 new text end 83.13 new text begin General new text end new text begin 4,644,000 new text end new text begin 5,035,000 new text end 83.14 83.15 new text begin Workers' new text end new text begin Compensation new text end new text begin 21,716,000 new text end new text begin 22,053,000 new text end 83.16 83.17 new text begin Workforce new text end new text begin Development new text end new text begin 765,000 new text end new text begin 781,000 new text end 83.18 83.19 new text begin State Government new text end new text begin Special Revenue new text end new text begin 1,877,000 new text end new text begin 1,925,000 new text end 83.20 new text begin The amounts that may be spent for each new text end 83.21 new text begin purpose are specified in the following new text end 83.22 new text begin subdivisions. new text end 83.23 new text begin Subd. 2. new text end new text begin Workers' Compensation new text end new text begin 10,381,000 new text end new text begin 10,659,000 new text end 83.24 new text begin This appropriation is from the workers' new text end 83.25 new text begin compensation fund. new text end 83.26 new text begin $200,000 each year is for grants to the new text end 83.27 new text begin Vinland Center for rehabilitation services. new text end 83.28 new text begin Subd. 3. new text end new text begin Safety Codes and Services new text end new text begin 9,949,000 new text end new text begin 10,134,000 new text end 83.29 new text begin $5,292,000 the first year and $5,388,000 new text end 83.30 new text begin the second year are from the workers' new text end 83.31 new text begin compensation fund. $1,877,000 the first year new text end 83.32 new text begin and $1,925,000 the second year are from the new text end 83.33 new text begin state government special revenue fund. new text end 83.34 new text begin $1,000,000 each year is from the workers' new text end 83.35 new text begin compensation fund for patient safe handling new text end 84.1 new text begin grants under Minnesota Statutes, section new text end 84.2 new text begin 182.6553. new text end 84.3 new text begin $100,000 each year is from the workers' new text end 84.4 new text begin compensation fund for the operation of new text end 84.5 new text begin the meatpacking industry workers' rights new text end 84.6 new text begin ombudsman under Minnesota Statutes, new text end 84.7 new text begin section 179.87. new text end 84.8 new text begin Subd. 4. new text end new text begin Labor Standards/Apprenticeship new text end new text begin 2,629,000 new text end new text begin 2,995,000 new text end 84.9 new text begin Appropriations by Fund new text end 84.10 new text begin General new text end new text begin 1,864,000 new text end new text begin 2,214,000 new text end 84.11 84.12 new text begin Workforce new text end new text begin Development new text end new text begin 765,000 new text end new text begin 781,000 new text end 84.13 new text begin The appropriation from the workforce new text end 84.14 new text begin development fund is for the apprenticeship new text end 84.15 new text begin program under Minnesota Statutes, chapter new text end 84.16 new text begin 178, and includes $100,000 each year for new text end 84.17 new text begin labor education and advancement program new text end 84.18 new text begin grants. new text end 84.19 new text begin $360,000 the first year and $300,000 the new text end 84.20 new text begin second year from the general fund are for new text end 84.21 new text begin prevailing wage enforcement of which new text end 84.22 new text begin $60,000 in the first year is for outreach and new text end 84.23 new text begin survey participation improvements. new text end 84.24 new text begin $800,000 the first year and $1,200,000 the new text end 84.25 new text begin second year from the general fund are for new text end 84.26 new text begin the independent contractor licensing under new text end 84.27 new text begin Minnesota Statutes, section 181.723. new text end 84.28 new text begin Subd. 5. new text end new text begin General Support new text end new text begin 6,043,000 new text end new text begin 6,006,000 new text end 84.29 new text begin This appropriation is from the workers' new text end 84.30 new text begin compensation fund. new text end 84.31 84.32 Sec. 5. new text begin BUREAU OF MEDIATION new text end new text begin SERVICES new text end 84.33 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 1,850,000 new text end new text begin $ new text end new text begin 1,877,000 new text end 85.1 new text begin The amounts that may be spent for each new text end 85.2 new text begin purpose are specified in the following new text end 85.3 new text begin subdivisions. new text end 85.4 new text begin Subd. 2. new text end new text begin Mediation Services new text end new text begin 1,700,000 new text end new text begin 1,727,000 new text end 85.5 85.6 new text begin Subd. 3. new text end new text begin Labor Management Cooperation new text end new text begin Grants new text end new text begin 150,000 new text end new text begin 150,000 new text end 85.7 new text begin $150,000 each year is for grants to area labor new text end 85.8 new text begin management committees. Grants may be new text end 85.9 new text begin awarded for a 12-month period beginning new text end 85.10 new text begin July 1 each year. Any unencumbered balance new text end 85.11 new text begin remaining at the end of the first year does not new text end 85.12 new text begin cancel but is available for the second year. new text end 85.13 85.14 Sec. 6. new text begin WORKERS' COMPENSATION new text end new text begin COURT OF APPEALS new text end new text begin $ new text end new text begin 1,663,000 new text end new text begin $ new text end new text begin 1,710,000 new text end 85.15 new text begin This appropriation is from the workers' new text end 85.16 new text begin compensation fund. new text end 85.17 Sec. 7. new text begin BOARD OF ACCOUNTANCY new text end new text begin $ new text end new text begin 493,000 new text end new text begin $ new text end new text begin 499,000 new text end 85.18 85.19 85.20 85.21 Sec. 8. new text begin BOARD OF ARCHITECTURE, new text end new text begin ENGINEERING, LAND SURVEYING, new text end new text begin LANDSCAPE ARCHITECTURE, new text end new text begin GEOSCIENCE, AND INTERIOR DESIGN new text end new text begin $ new text end new text begin 795,000 new text end new text begin $ new text end new text begin 805,000 new text end 85.22 Sec. 9. new text begin BOARD OF BARBER EXAMINERS new text end new text begin $ new text end new text begin 711,000 new text end new text begin $ new text end new text begin 724,000 new text end 85.23 85.24 Sec. 10. new text begin MINNESOTA BOXING new text end new text begin COMMISSION new text end new text begin $ new text end new text begin 50,000 new text end new text begin $ new text end new text begin -0- new text end 85.25 new text begin To transition the commission to being a new text end 85.26 new text begin self-funded entity. new text end 85.27    Sec. 11. new text begin BIOSCIENCE ZONES DESIGNATION. new text end 85.28     new text begin The commissioner of employment and economic development must establish a new text end 85.29 new text begin criteria for expanding the zones. The criteria must limit designating a new zone to a new text end 85.30 new text begin community that has adequate resources and infrastructure to support bioindustry, including new text end 85.31 new text begin postsecondary institutions, strong health care systems, and existing bioscience companies. new text end 85.32 new text begin It must also require that a new zone be located on a transportation corridor. new text end 86.1    Sec. 12. new text begin NANOTECHNOLOGY DEVELOPMENT FUND. new text end 86.2     new text begin Subdivision 1. new text end new text begin Nanotechnology development fund created. new text end new text begin The nanotechnology new text end 86.3 new text begin development fund (NDF) is created in the state treasury. Money in the fund is appropriated new text end 86.4 new text begin to the commissioner of employment and economic development for the purposes of this new text end 86.5 new text begin section. new text end 86.6     new text begin Subd. 2. new text end new text begin Program established; purpose. new text end new text begin The nanotechnology development new text end 86.7 new text begin fund program is established to develop a collaborative economic development initiative new text end 86.8 new text begin between the state of Minnesota, the private sector, and multiple academic institutions new text end 86.9 new text begin to promote by small businesses an increased use of advanced nanoinstrumentation for new text end 86.10 new text begin characterization, fabrication, and other related processes; provide research consulting new text end 86.11 new text begin by knowledgeable specialists; and provide student internship opportunities to increase new text end 86.12 new text begin nanotechnology experience by working with small, medium, or large Minnesota new text end 86.13 new text begin companies. The NDF program shall be administered by the Department of Employment new text end 86.14 new text begin and Economic Development and is not a state agency. new text end 86.15     new text begin Subd. 3. new text end new text begin Definition; qualifying Minnesota small business. new text end new text begin "Qualifying Minnesota new text end 86.16 new text begin small business" means: new text end 86.17     new text begin (1) a Minnesota small business corporation, sole proprietorship, or partnership that new text end 86.18 new text begin has fewer than 50 employees; or new text end 86.19     new text begin (2) a Minnesota business corporation, sole proprietorship, or partnership that: new text end 86.20     new text begin (i) has 51 to 100 employees; and new text end 86.21     new text begin (ii) demonstrates current financial adversity or risk or a major prospect of aiding new text end 86.22 new text begin the business's long-term outlook by significant use of nanotechnology in the business's new text end 86.23 new text begin offerings. new text end 86.24     new text begin Subd. 4. new text end new text begin Use of fund; grants. new text end new text begin The commissioner shall extend onetime matching new text end 86.25 new text begin grants from the NDF to qualifying Minnesota small businesses located throughout the new text end 86.26 new text begin state to: new text end 86.27     new text begin (1) add nanotechnology applications to products that are being developed by new text end 86.28 new text begin Minnesota small businesses to enhance distinctiveness; new text end 86.29     new text begin (2) promote the depth, breadth, and value of technologies being developed by new text end 86.30 new text begin Minnesota businesses with the aid of nanotechnology; new text end 86.31     new text begin (3) encourage more frequent use of nanoinstrumentation to speed businesses' product new text end 86.32 new text begin time-to-market, with higher incidence of distinct product characteristics; new text end 86.33     new text begin (4) provide Minnesota small businesses with broader access to experienced research new text end 86.34 new text begin consultants; and new text end 86.35     new text begin (5) increase the number of researchers experienced in working with new text end 86.36 new text begin nanoinstrumentation. new text end 87.1     new text begin Subd. 5. new text end new text begin Grant application and award procedure. new text end new text begin (a) The commissioner may new text end 87.2 new text begin give priority to applicants: new text end 87.3     new text begin (1) whose intellectual property would benefit from utilization of nanoinstrumentation new text end 87.4 new text begin not possessed in-house; new text end 87.5     new text begin (2) who are currently utilizing nanoinstrumentation either at the University of new text end 87.6 new text begin Minnesota or a private sector location on a leased, hourly basis; and new text end 87.7     new text begin (3) who wish to increase their access to experienced research consultants. new text end 87.8     new text begin (b) The commissioner shall decide whether to award a grant to an eligible applicant new text end 87.9 new text begin based on: new text end 87.10     new text begin (1) the applicant's planned frequency of usage of nanoinstrumentation for new text end 87.11 new text begin characterization, fabrication, and other related processes; and new text end 87.12     new text begin (2) the applicant's demonstration of rental of nanoinstrumentation, in the form new text end 87.13 new text begin of a signed affidavit from a certified facility to confirm the one-to-one private sector new text end 87.14 new text begin investment has been met. new text end 87.15     new text begin (c) A grant made under this section must: new text end 87.16     new text begin (1) include verification of matching rental fees or internship stipends paid by the new text end 87.17 new text begin grantee; and new text end 87.18     new text begin (2) be for a total amount paid to each grantee of not less than $500 nor more than new text end 87.19 new text begin $20,000 within the biennium. new text end 87.20     new text begin Subd. 6. new text end new text begin Administration. new text end new text begin The commissioner of employment and economic new text end 87.21 new text begin development must develop and maintain a record-keeping system that specifies how new text end 87.22 new text begin funds from the NDF are applied for and distributed. Businesses receiving grants new text end 87.23 new text begin from the NDF must provide contact information, the date and time of the use of the new text end 87.24 new text begin nanoinstrumentation, proof of their matching contribution to meet the rental costs or new text end 87.25 new text begin provide an internship's stipend, and a general statement of the expected outcome from new text end 87.26 new text begin the use of the nanoinstrumentation, to the extent documentation can be made without new text end 87.27 new text begin divulging proprietary information. new text end 87.28     new text begin Subd. 7. new text end new text begin Gifts and donations. new text end new text begin Gifts and donations, including land or interests new text end 87.29 new text begin in land, may be made to NDF. Noncash gifts and donations must be disposed of for new text end 87.30 new text begin cash as soon as the commissioner of employment and economic development can new text end 87.31 new text begin prudently maximize the value of the gift or donation. All funds must be credited to the new text end 87.32 new text begin nanotechnology development fund. All interest earned by the fund must be credited to new text end 87.33 new text begin the NDF. new text end 87.34     new text begin Subd. 8. new text end new text begin Report to legislature. new text end new text begin By June 30 of each odd-numbered year, the new text end 87.35 new text begin commissioner of employment and economic development must submit a report to the new text end 87.36 new text begin legislature with statistics about the use of the NDF. new text end 88.1    Sec. 13. new text begin WORK GROUP. new text end 88.2     new text begin The commissioner of employment and economic development shall convene a work new text end 88.3 new text begin group to evaluate the impact of the money appropriated for wage incentives and how the new text end 88.4 new text begin wage incentive program works. The work group is to make recommendations to the new text end 88.5 new text begin legislature by January 15, 2008. new text end 88.6ARTICLE 7 88.7EMPLOYMENT AND DEVELOPMENT-RELATED PROVISIONS 88.8    Section 1. Minnesota Statutes 2006, section 116J.401, is amended by adding a 88.9subdivision to read: 88.10     new text begin Subd. 4. new text end new text begin Use of funds for unemployed worker assistance. new text end new text begin Payment of employee new text end 88.11 new text begin compensation costs from the Wagner-Peyser Act referenced in subdivision 1, clause new text end 88.12 new text begin (8), must be used to provide direct benefit to unemployed and underemployed workers new text end 88.13 new text begin through the state's workforce centers. At least 75 percent of the employee compensation new text end 88.14 new text begin paid from Wagner-Peyser funds must be used for employees at workforce centers who new text end 88.15 new text begin provide direct assistance to unemployed and underemployed workers and no more than new text end 88.16 new text begin 25 percent may be used for providing hiring and human resource services for employers. new text end 88.17 new text begin The funds under this section may be used to establish an internet based labor exchange new text end 88.18 new text begin system. By July 1 of each year, the commissioner must submit a report to the committees new text end 88.19 new text begin of the legislature responsible for oversight of unemployment insurance with details on new text end 88.20 new text begin the use of Wagner-Peyser funds, including the number of employee positions funded, the new text end 88.21 new text begin location of the employees, and the use of funds for internet labor exchange system and new text end 88.22 new text begin other business assistance. new text end 88.23    Sec. 2. new text begin [116J.417] GREATER MINNESOTA BUSINESS DEVELOPMENT new text end 88.24 new text begin INVESTMENT FUND. new text end 88.25     new text begin Subdivision 1. new text end new text begin Eligible organization. new text end new text begin For the purposes of this section, "eligible new text end 88.26 new text begin organization" means an organization established pursuant to section 116J.415 which new text end 88.27 new text begin provides business financing to greater Minnesota businesses. new text end 88.28     new text begin Subd. 2. new text end new text begin Investment fund establishment. new text end new text begin The commissioner shall establish an new text end 88.29 new text begin investment fund from which fund investments can be made in eligible organizations. The new text end 88.30 new text begin funds repaid by the eligible organizations are to be returned to the fund for subsequent new text end 88.31 new text begin reinvestment in eligible organizations. new text end 88.32     new text begin Subd. 3. new text end new text begin Authorized investments. new text end new text begin The commissioner is authorized to make new text end 88.33 new text begin investments in eligible organizations. The commissioner shall invest funds in the form of new text end 89.1 new text begin loans to eligible organizations for the purpose of providing capital to new and expanding new text end 89.2 new text begin businesses in the form of debt or equity, or both. new text end 89.3     new text begin Subd. 4. new text end new text begin Investment authorized. new text end new text begin The commissioner may make investments in new text end 89.4 new text begin eligible organizations under the following terms: new text end 89.5     new text begin (1) the organization seeking an investment of funds must guarantee repayment of not new text end 89.6 new text begin less than 100 percent of the funds invested in the eligible organization; new text end 89.7     new text begin (2) the investments are to be made in the form of a loan to the eligible organization new text end 89.8 new text begin for a term of ten years, at an interest rate of one percent; new text end 89.9     new text begin (3) during the ten-year term of the loan, the eligible organization shall make annual new text end 89.10 new text begin interest-only payments; new text end 89.11     new text begin (4) at the end of the ten-year term, the eligible organization is required to make a new text end 89.12 new text begin payment in the entire principal amount of the initial loan; new text end 89.13     new text begin (5) the state investment by the commissioner in any eligible organization may not new text end 89.14 new text begin exceed $2,000,000; new text end 89.15     new text begin (6) the full amount of state investment will be advanced to the approved eligible new text end 89.16 new text begin organization upon execution of a formal investment agreement, specifying the terms of the new text end 89.17 new text begin loan, as well as reporting and other requirements outlined in subdivision 5; new text end 89.18     new text begin (7) the eligible organization must maintain the funds in accounts that allow the funds new text end 89.19 new text begin to be readily available for business investments; new text end 89.20     new text begin (8) the eligible organization must make business investments totaling the entire new text end 89.21 new text begin amount of funds loaned by the state within three years of the execution of the investment new text end 89.22 new text begin agreement and subsequent transmittal of the funds; and new text end 89.23     new text begin (9) an eligible organization that receives an investment under this section shall new text end 89.24 new text begin report annually, in a format prescribed by the commissioner, the nature and amount of new text end 89.25 new text begin the business investments made, including, for each financing transaction involving funds new text end 89.26 new text begin received pursuant to this section, all forms and amounts of financing provided by the new text end 89.27 new text begin eligible organization from sources other than the investment fund established pursuant to new text end 89.28 new text begin this section, along with the number of jobs created and private sector investment leveraged. new text end 89.29     new text begin Subd. 5. new text end new text begin Requirements for state investments. new text end new text begin All investments are subject to an new text end 89.30 new text begin investment agreement which must include: new text end 89.31     new text begin (1) a description of the eligible organization, including business finance experience, new text end 89.32 new text begin qualifications, and investment history; new text end 89.33     new text begin (2) a description of the uses of investment proceeds by the eligible organization; new text end 89.34     new text begin (3) an explanation of the investment objectives; new text end 89.35     new text begin (4) a description of accounting and reporting standards to be used by the eligible new text end 89.36 new text begin organization; and new text end 90.1     new text begin (5) a copy of the most recent audited financial statements of the eligible organization. new text end 90.2    Sec. 3. Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to read: 90.3    Subdivision 1. Grant account. A contaminated site cleanup and development 90.4grant account is created in the general fund. Money in the account may be used, as 90.5appropriated by law, to make grants as provided in section 116J.554 and to pay for the 90.6commissioner's costs in reviewing applications and making grants. Notwithstanding 90.7section 16A.28, money appropriated to the account new text begin for this program from any source new text end is 90.8available for four years new text begin until spent new text end . 90.9    Sec. 4. Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read: 90.10    Subd. 2. Qualifying sites. A site qualifies for a grant under this section, if the 90.11following criteria are met: 90.12    (1) the site is not scheduled for funding during the current or next fiscal year under 90.13the Comprehensive Environmental Response, Compensation, and Liability Act, United 90.14States Code, title 42, section 9601, et seq. or under the Environmental Response, and 90.15Liability Act under sections 115B.01 to 115B.20; 90.16    (2) the appraised value of the site after adjusting for the effect on the value of the 90.17presence or possible presence of contaminants using accepted appraisal methodology, or 90.18the current market value of the site as issued under section , separately taking into 90.19account the effect of the contaminants on the market value, (i) is less than 75 percent of 90.20the estimated project costs for the site or (ii) is less than or equal to the estimated cleanup 90.21costs for the site and the cleanup costs equal or exceed $3 per square foot for the site; and 90.22    (3) new text begin (2) new text end if the proposed cleanup is completed, it is expected that the site will be 90.23improved with buildings or other improvements and these improvements will provide a 90.24substantial increase in the property tax base within a reasonable period of time or the site 90.25will be used for an important publicly owned or tax-exempt facility. 90.26    Sec. 5. Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read: 90.27    Subdivision 1. Priorities. (a) The legislature expects that applications for grants 90.28will exceed the available appropriations and the agency will be able to provide grants to 90.29only some of the applicant development authorities. 90.30    (b) If applications for grants for qualified sites exceed the available appropriations, 90.31the agency shall make grants for sites that, in the commissioner's judgment, provide 90.32the highest return in public benefits for the public costs incurred and that meet all the 91.1requirements provided by law. In making this judgment, the commissioner shall consider 91.2the following factors: 91.3    (1) the recommendations or ranking of projects by the commissioner of the Pollution 91.4Control Agency regarding the potential threat to public health and the environment that 91.5would be reduced or eliminated by completion of each of the response action plans; 91.6    (2) the potential increase in the property tax base of the local taxing jurisdictions, 91.7considered relative to the fiscal needs of the jurisdictions, that will result from 91.8developments that will occur because of completion of each of the response action plans; 91.9    (3) the social value to the community of the cleanup and redevelopment of the site, 91.10including the importance of development of the proposed public facilities on each of 91.11the sites; 91.12    (4) the probability that each site will be cleaned up without use of government 91.13money in the reasonably foreseeable future new text begin by considering but not limited to the current new text end 91.14 new text begin market value of the site versus the cleanup cost new text end ; 91.15    (5) the amount of cleanup costs for each site; and 91.16    (6) the amount of the commitment of municipal or other local resources to pay for 91.17the cleanup costs. 91.18    The factors are not listed in a rank order of priority; rather the commissioner may 91.19weigh each factor, depending upon the facts and circumstances, as the commissioner 91.20considers appropriate. The commissioner may consider other factors that affect the net 91.21return of public benefits for completion of the response action plan. The commissioner, 91.22notwithstanding the listing of priorities and the goal of maximizing the return of public 91.23benefits, shall make grants that distribute available money to sites both within and outside 91.24of the metropolitan area. The commissioner shall provide a written statement of the 91.25supporting reasons for each grant. Unless sufficient applications are not received for 91.26qualifying sites outside of the metropolitan area, at least 25 percent of the money provided 91.27as grants must be made for sites located outside of the metropolitan area. 91.28    Sec. 6. Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read: 91.29    Subdivision 1. Commissioner discretion. The commissioner may make a grant for 91.30up to 50 percent of the eligible costs of a project. The determination of whether to make a 91.31grant for a site is within the discretion of the commissioner, subject to this section and 91.32sections 116J.571 to 116J.574 and available unencumbered money in the redevelopment 91.33account. new text begin For grants made in fiscal years 2008 and 2009, at least 75 percent of the available new text end 91.34 new text begin grant funds must be used for grants in greater Minnesota. For grants made in fiscal year new text end 91.35 new text begin 2010 and later, at least 50 percent of the available grant funds must be used for grants new text end 92.1 new text begin in greater Minnesota. new text end If the commissioner determines that the applications for grants 92.2for projects in greater Minnesota are less than the amount of grant funds available, the 92.3commissioner may make grants for projects anywhere in Minnesota. The commissioner's 92.4decisions and application of the priorities under this section are not subject to judicial 92.5review, except for abuse of discretion. 92.6    Sec. 7. Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read: 92.7    Subd. 1a. Priorities. (a) If applications for grants exceed the available 92.8appropriations, grants shall be made for sites that, in the commissioner's judgment, provide 92.9the highest return in public benefits for the public costs incurred. "Public benefits" include 92.10job creation, bioscience development, environmental benefits to the state and region, 92.11efficient use of public transportation, efficient use of existing infrastructure, provision of 92.12affordable housing, multiuse development that constitutes community rebuilding rather 92.13than single-use development, crime reduction, blight reduction, community stabilization, 92.14and property tax base maintenance or improvement. In making this judgment, the 92.15commissioner shall give priority to redevelopment projects with one or more of the 92.16following characteristics: 92.17    (1) the need for redevelopment in conjunction with contamination remediation needs; 92.18    (2) the redevelopment project meets current tax increment financing requirements 92.19for a redevelopment district and tax increments will contribute to the project; 92.20    (3) the redevelopment potential within the municipality; 92.21    (4) proximity to public transit if located in the metropolitan area; and 92.22     new text begin (5) redevelopment costs related to expansion of a bioscience business in Minnesota; new text end 92.23 new text begin and new text end 92.24    (5) new text begin (6) new text end multijurisdictional projects that take into account the need for affordable 92.25housing, transportation, and environmental impact. 92.26    (b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the 92.27commissioner may weigh each factor, depending upon the facts and circumstances, as 92.28the commissioner considers appropriate. new text begin The commissioner may consider other factors new text end 92.29 new text begin that affect the net return of public benefits for completion of the redevelopment plan. The new text end 92.30 new text begin commissioner, notwithstanding the listing of priorities and the goal of maximizing the new text end 92.31 new text begin return of public benefits, shall make grants that distribute available money to sites both new text end 92.32 new text begin within and outside of the metropolitan area. Unless sufficient applications are not received new text end 92.33 new text begin for qualifying sites outside of the metropolitan area, at least 25 percent of the money new text end 92.34 new text begin provided as grants must be made for sites located outside of the metropolitan area. new text end 93.1    Sec. 8. Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read: 93.2    Subdivision 1. Generally. (a) The commissioner shall promote, develop, and 93.3facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in 93.4addition to the powers granted by section 116J.035, the commissioner may: 93.5    (1) locate, develop, and promote international markets for Minnesota products 93.6and services; 93.7    (2) arrange and lead trade missions to countries with promising international markets 93.8for Minnesota goods, technology, services, and agricultural products; 93.9    (3) promote Minnesota products and services at domestic and international trade 93.10shows; 93.11    (4) organize, promote, and present domestic and international trade shows featuring 93.12Minnesota products and services; 93.13    (5) host trade delegations and assist foreign traders in contacting appropriate 93.14Minnesota businesses and investments; 93.15    (6) develop contacts with Minnesota businesses and gather and provide information 93.16to assist them in locating and communicating with international trading or joint venture 93.17counterparts; 93.18    (7) provide information, education, and counseling services to Minnesota businesses 93.19regarding the economic, commercial, legal, and cultural contexts of international trade; 93.20    (8) provide Minnesota businesses with international trade leads and information 93.21about the availability and sources of services relating to international trade, such as 93.22export financing, licensing, freight forwarding, international advertising, translation, and 93.23custom brokering; 93.24    (9) locate, attract, and promote foreign direct investment and business development 93.25in Minnesota to enhance employment opportunities in Minnesota; 93.26    (10) provide foreign businesses and investors desiring to locate facilities in 93.27Minnesota information regarding sources of governmental, legal, real estate, financial, and 93.28business services; 93.29    (11) enter into contracts or other agreements with private persons and public entities, 93.30including agreements to establish and maintain offices and other types of representation in 93.31foreign countries, to carry out the purposes of promoting international trade and attracting 93.32investment from foreign countries to Minnesota and to carry out this section, without 93.33regard to section 16C.06; and 93.34    (12) market trade-related materials to businesses and organizations, and the proceeds 93.35of which must be placed in a special revolving account and are appropriated to the 93.36commissioner to prepare and distribute trade-related materials. 94.1    (b) The programs and activities of the commissioner of employment and economic 94.2development and the Minnesota Trade Division may not duplicate programs and activities 94.3of the commissioner of agriculture. 94.4    (c) The commissioner shall notify the chairs of the senate Finance and house Ways 94.5and Means Committees of each agreement under this subdivision to establish and maintain 94.6an office or other type of representation in a foreign country. 94.7     new text begin (d) The Minnesota Trade Office shall serve as the state's office of protocol providing new text end 94.8 new text begin assistance to official visits by foreign government representatives and shall serve as liaison new text end 94.9 new text begin to the foreign diplomatic corps in Minnesota. new text end 94.10    Sec. 9. Minnesota Statutes 2006, section 116L.01, is amended by adding a subdivision 94.11to read: 94.12     new text begin Subd. 4. new text end new text begin Workforce development intermediaries. new text end new text begin "Workforce development new text end 94.13 new text begin intermediaries" means public, private, or nonprofit entities that provide employment new text end 94.14 new text begin services to low-income individuals and have a demonstrated track record bringing together new text end 94.15 new text begin employers and workers, private and public funding streams, and other stakeholders to new text end 94.16 new text begin implement pathways to career advancement for low-income individuals. Entities may new text end 94.17 new text begin include, but are not limited to, nonprofit organizations, educational institutions, or the new text end 94.18 new text begin administrative entity of a local workforce service area. new text end 94.19    Sec. 10. Minnesota Statutes 2006, section 116L.04, subdivision 1a, is amended to read: 94.20    Subd. 1a. Pathways program. The pathways program may provide grants-in-aid 94.21for developing programs which assist in the transition of persons from welfare to work and 94.22assist individuals at or below 200 percent of the federal poverty guidelines. The program 94.23is to be operated by the board. The board shall consult and coordinate with program 94.24administrators at the Department of Employment and Economic Development to design 94.25and provide services for temporary assistance for needy families recipients. 94.26    Pathways grants-in-aid may be awarded to educational or other nonprofit training 94.27institutions new text begin or to workforce development intermediaries new text end for education and training 94.28programs and services supporting education and training programs that serve eligible 94.29recipients. 94.30    Preference shall be given to projects that: 94.31    (1) provide employment with benefits paid to employees; 94.32    (2) provide employment where there are defined career paths for trainees; 94.33    (3) pilot the development of an educational pathway that can be used on a continuing 94.34basis for transitioning persons from welfare to work; and 95.1    (4) demonstrate the active participation of Department of Employment and 95.2Economic Development workforce centers, Minnesota State College and University 95.3institutions and other educational institutions, and local welfare agencies. 95.4    Pathways projects must demonstrate the active involvement and financial 95.5commitment of private business. Pathways projects must be matched with cash or in-kind 95.6contributions on at least a one-to-one new text begin one-half-to-one new text end ratio by participating private 95.7business. 95.8    A single grant to any one institution shall not exceed $400,000. A portion of a grant 95.9may be used for preemployment training. 95.10    Sec. 11. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read: 95.11    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms 95.12have the meanings given them in this subdivision. 95.13    (b) "Commissioner" means the commissioner of employment and economic 95.14development. 95.15    (c) "Dislocated worker" means an individual who is a resident of Minnesota at the 95.16time employment ceased or was working in the state at the time employment ceased and: 95.17    (1) has been permanently separated or has received a notice of permanent separation 95.18from public or private sector employment and is eligible for or has exhausted entitlement 95.19to unemployment benefits, and is unlikely to return to the previous industry or occupation; 95.20    (2) has been long-term unemployed and has limited opportunities for employment 95.21or reemployment in the same or a similar occupation in the area in which the individual 95.22resides, including older individuals who may have substantial barriers to employment by 95.23reason of age; 95.24    (3) new text begin has been terminated or has received a notice of termination of employment as a new text end 95.25 new text begin result of a plant closing or a substantial layoff at a plant, facility, or enterprise; new text end 95.26     new text begin (4) new text end has been self-employed, including farmers and ranchers, and is unemployed as a 95.27result of general economic conditions in the community in which the individual resides or 95.28because of natural disasters; or 95.29    (4) new text begin (5) new text end is a displaced homemaker. A "displaced homemaker" is an individual who 95.30has spent a substantial number of years in the home providing homemaking service and 95.31(i) has been dependent upon the financial support of another; and now due to divorce, 95.32separation, death, or disability of that person, must find employment to self support; or (ii) 95.33derived the substantial share of support from public assistance on account of dependents 95.34in the home and no longer receives such support. 96.1    To be eligible under this clause, the support must have ceased while the worker 96.2resided in Minnesota. 96.3    (d) "Eligible organization" means a state or local government unit, nonprofit 96.4organization, community action agency, business organization or association, or labor 96.5organization. 96.6    (e) "Plant closing" means the announced or actual permanent shutdown of a single 96.7site of employment, or one or more facilities or operating units within a single site of 96.8employment. 96.9    (f) "Substantial layoff" means a permanent reduction in the workforce, which is 96.10not a result of a plant closing, and which results in an employment loss at a single site 96.11of employment during any 30-day period for at least 50 employees excluding those 96.12employees that work less than 20 hours per week. 96.13    Sec. 12. Minnesota Statutes 2006, section 116L.20, subdivision 1, is amended to read: 96.14    Subdivision 1. Determination and collection of special assessment. (a) In addition 96.15to amounts due from an employer under the Minnesota unemployment insurance program, 96.16each employer, except an employer making reimbursements is liable for a special 96.17assessment levied at the rate of .10 percent per year for calendar years 2006 and 2007 on 96.18all taxable wages, as defined in section 268.035, subdivision 24. Beginning January 1, 96.192008, the special assessment shall be levied at a rate of .085 percent per year on all taxable 96.20wages. The assessment shall become due and be paid by each employer on the same 96.21schedule and in the same manner as other amounts due from an employer under section 96.22268.051, subdivision 1 . 96.23    (b) The special assessment levied under this section shall be subject to the same 96.24requirements and collection procedures as any amounts due from an employer under the 96.25Minnesota unemployment insurance program. 96.26    Sec. 13. Minnesota Statutes 2006, section 116M.18, subdivision 6a, is amended to read: 96.27    Subd. 6a. Nonprofit corporation loans. The board may make loans to a nonprofit 96.28corporation with which it has entered into an agreement under subdivision 1. These 96.29loans must be used to support a new or expanding business. This support may include 96.30such forms of financing as the sale of goods to the business on installment or deferred 96.31payments, lease purchase agreements, or royalty investments in the business. new text begin The interest new text end 96.32 new text begin rate charged by a nonprofit corporation for a loan under this subdivision must not exceed new text end 96.33 new text begin the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the new text end 96.34 new text begin nonprofit corporation may charge a loan origination fee equal to or less than one percent new text end 97.1 new text begin of the loan value. The nonprofit corporation may retain the amount of the origination fee. new text end 97.2The nonprofit corporation must provide at least an equal match to the loan received by the 97.3board. The maximum loan available to the nonprofit corporation under this subdivision is 97.4$50,000. Loans made to the nonprofit corporation under this subdivision may be made 97.5without interest. Repayments made by the nonprofit corporation must be deposited in the 97.6revolving fund created for urban initiative grants. 97.7    Sec. 14. new text begin [116O.115] SMALL BUSINESS GROWTH ACCELERATION new text end 97.8 new text begin PROGRAM. new text end 97.9     new text begin Subdivision 1. new text end new text begin Establishment; purpose. new text end new text begin The small business growth acceleration new text end 97.10 new text begin program is established. The purpose of the program is to (1) help qualified companies new text end 97.11 new text begin implement technology and business improvements; and (2) bridge the gap between new text end 97.12 new text begin standard market pricing for technology and business improvements and what qualified new text end 97.13 new text begin companies can afford to pay. new text end 97.14     new text begin Subd. 2. new text end new text begin Qualified company. new text end new text begin A company is qualified to receive assistance under new text end 97.15 new text begin the small business growth acceleration program if it is a manufacturing company or a new text end 97.16 new text begin manufacturing-related service company that employs 100 or fewer full-time equivalent new text end 97.17 new text begin employees. new text end 97.18     new text begin Subd. 3. new text end new text begin Applications for assistance. new text end new text begin A company seeking assistance under the new text end 97.19 new text begin small business growth acceleration program must file an application according to the new text end 97.20 new text begin requirements of the corporation. A company's application for small business growth new text end 97.21 new text begin acceleration program assistance must include documentation of the company's overall plan new text end 97.22 new text begin for technology and business improvement and prioritize the components of the overall new text end 97.23 new text begin plan. The application must also document the company's need for small business growth new text end 97.24 new text begin acceleration program funds in order to carry forward the highest priority components of new text end 97.25 new text begin the plan. new text end 97.26     new text begin Subd. 4. new text end new text begin Fund awards; use of funds. new text end new text begin (a) The corporation shall establish new text end 97.27 new text begin procedures for determining which applicants for assistance under the small business new text end 97.28 new text begin growth acceleration program will receive program funding. Funding shall be awarded new text end 97.29 new text begin only to accelerate a qualified company's adoption of needed technology or business new text end 97.30 new text begin improvements when the corporation concludes that it is unlikely the improvements could new text end 97.31 new text begin be accomplished in any other way. new text end 97.32     new text begin (b) The maximum amount of funds awarded to a qualified company under the small new text end 97.33 new text begin business growth acceleration program for a particular project must not exceed 50 percent new text end 97.34 new text begin of the total cost of a project and must not under any circumstances exceed $25,000 during new text end 98.1 new text begin a calendar year. The corporation shall not award to a qualified company small business new text end 98.2 new text begin growth acceleration program funds in excess of $50,000 per year. new text end 98.3     new text begin (c) Any funds awarded to a qualified company under the small business growth new text end 98.4 new text begin acceleration program must be used for business services and products that will enhance the new text end 98.5 new text begin operation of the company. These business services and products must come either directly new text end 98.6 new text begin from the corporation or from a network of expert providers identified and approved by new text end 98.7 new text begin the corporation. No company receiving small business growth acceleration program new text end 98.8 new text begin funds may use the funds for refinancing, overhead costs, new construction, renovation, new text end 98.9 new text begin equipment, or computer hardware. new text end 98.10     new text begin (d) Any funds awarded must be disbursed to the qualified company as reimbursement new text end 98.11 new text begin documented according to requirements of the corporation. new text end 98.12     new text begin Subd. 5. new text end new text begin Service agreements. new text end new text begin The corporation shall enter a written service new text end 98.13 new text begin agreement with each company awarded funds under the small business growth acceleration new text end 98.14 new text begin program. Each service agreement shall clearly articulate the company's need for service, new text end 98.15 new text begin state the cost of the service, identify who will provide the service, and define the scope of new text end 98.16 new text begin the service that will be provided. The service agreement must also include an estimate new text end 98.17 new text begin of the financial impact of the service on the company and require the company to report new text end 98.18 new text begin the actual financial impact of the service to the corporation 24 months after the service is new text end 98.19 new text begin provided. new text end 98.20     new text begin Subd. 6. new text end new text begin Reporting. new text end new text begin The corporation shall report annually to the legislative new text end 98.21 new text begin committees with fiscal jurisdiction over the Department of Employment and Economic new text end 98.22 new text begin Development: new text end 98.23     new text begin (1) the funds awarded under the small business growth acceleration program during new text end 98.24 new text begin the past 12 months; new text end 98.25     new text begin (2) the estimated financial impact of the funds awarded to each company receiving new text end 98.26 new text begin service under the program; and new text end 98.27     new text begin (3) the actual financial impact of funds awarded during the past 24 months. new text end 98.28    Sec. 15. new text begin [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS. new text end 98.29     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purposes of this section and section 179.87: new text end 98.30     new text begin (1) "employer" means any person or business entity having 25 or more employees new text end 98.31 new text begin in the meatpacking industry; and new text end 98.32     new text begin (2) "meatpacking industry" means business operations in which slaughtering, new text end 98.33 new text begin butchering, meat canning, meat packing, meat manufacturing, poultry canning, poultry new text end 98.34 new text begin packing, poultry manufacturing, pet food manufacturing, processing of meatpacking new text end 99.1 new text begin products, or rendering is carried on. Meatpacking products include livestock and poultry new text end 99.2 new text begin products. new text end 99.3     new text begin Subd. 2. new text end new text begin Right to adequate facilities. new text end new text begin An employer must provide its employees: new text end 99.4     new text begin (1) adequate and working restroom facilities; new text end 99.5     new text begin (2) adequate room for meal and rest breaks; new text end 99.6     new text begin (3) adequate locker facilities; and new text end 99.7     new text begin (4) adequate time for necessary restroom and meal breaks as required under chapter new text end 99.8 new text begin 177; United States Code, title 29, chapter 15; and United States Code, title 42, chapter new text end 99.9 new text begin 126, or a valid collective bargaining agreement. new text end 99.10     new text begin Subd. 3. new text end new text begin Right to adequate equipment and training. new text end new text begin An employer must furnish its new text end 99.11 new text begin employees with equipment and training that is adequate to perform the job task assigned. new text end 99.12 new text begin An employer must make ongoing skill development and training opportunities, including new text end 99.13 new text begin supervisory training, available to employees. new text end 99.14     new text begin Subd. 4. new text end new text begin Information provided to employee by employer. new text end new text begin (a) An employer must new text end 99.15 new text begin provide an explanation in an employee's native language of the employee's rights and new text end 99.16 new text begin duties as an employee either person-to-person or through written materials as required new text end 99.17 new text begin by state or federal law, or a valid collective bargaining agreement that, at a minimum, new text end 99.18 new text begin includes: new text end 99.19     new text begin (1) a complete description of the salary and benefits plans as they relate to the new text end 99.20 new text begin employee as required under chapter 181; new text end 99.21     new text begin (2) a job description for the employee's position as required under chapter 181; new text end 99.22     new text begin (3) a description of leave policies as required under chapter 181 and United States new text end 99.23 new text begin Code, title 29, chapter 28; new text end 99.24     new text begin (4) a description of the work hours and work hours policy as required under chapter new text end 99.25 new text begin 181; United States Code, title 29, chapter 201; or a valid collective bargaining agreement; new text end 99.26 new text begin and new text end 99.27     new text begin (5) a description of the occupational hazards known to exist for the position as new text end 99.28 new text begin required under chapters 181 and 182 and United States Code, title 29, chapter 15. new text end 99.29     new text begin (b) The explanation must also include information on the following employee rights new text end 99.30 new text begin as protected by state or federal law and a description of where additional information new text end 99.31 new text begin about those rights may be obtained: new text end 99.32     new text begin (1) the right to organize and bargain collectively as required under this chapter and new text end 99.33 new text begin chapter 177, and United States Code, title 29, chapter 7; new text end 99.34     new text begin (2) the right to a safe workplace as required under chapters 181 and 182 and United new text end 99.35 new text begin States Code, title 29, chapter 15; and new text end 100.1     new text begin (3) the right to be free from discrimination as required under this chapter and new text end 100.2 new text begin chapters 181, 182, and 363A, and United States Code, title 42, chapter 21. new text end 100.3     new text begin Subd. 5. new text end new text begin Civil action. new text end new text begin A person aggrieved as a result of a violation of this section new text end 100.4 new text begin may file suit in any district court of this state. If the court finds that the respondent has new text end 100.5 new text begin intentionally violated this section, the court may award damages up to and including an new text end 100.6 new text begin amount equal to the original damages and may provide injunctive relief. new text end 100.7     new text begin Subd. 6. new text end new text begin Criminal penalty. new text end new text begin An employer who violates this section is guilty of a new text end 100.8 new text begin misdemeanor. new text end 100.9    Sec. 16. new text begin [179.87] MEATPACKING INDUSTRY WORKERS RIGHTS new text end 100.10 new text begin OMBUDSMAN. new text end 100.11     new text begin Subdivision 1. new text end new text begin Position established. new text end new text begin The position of meatpacking industry workers new text end 100.12 new text begin rights ombudsman is established within the Department of Labor and Industry. The new text end 100.13 new text begin ombudsman shall be an employee of the department. The ombudsman shall be appointed new text end 100.14 new text begin by the commissioner in consultation with the chairs of the standing committees of the new text end 100.15 new text begin senate and house of representatives with jurisdiction over labor and employment issues in new text end 100.16 new text begin accordance with the preference established in subdivision 5. new text end 100.17     new text begin Subd. 2. new text end new text begin Duties. new text end new text begin The ombudsman shall inspect and review the practices and new text end 100.18 new text begin procedures of meatpacking operations in the state. The ombudsman shall work to ensure new text end 100.19 new text begin workers rights under section 179.86 are protected. new text end 100.20     new text begin Subd. 3. new text end new text begin Access. new text end new text begin The ombudsman or designated representatives of the ombudsman new text end 100.21 new text begin shall have access to all meatpacking operations in the state at any time meatpacking new text end 100.22 new text begin products are being processed and industry workers are on the job. new text end 100.23     new text begin Subd. 4. new text end new text begin Office. new text end new text begin Necessary office space, furniture, equipment, and supplies as new text end 100.24 new text begin well as necessary assistance for the ombudsman shall be provided by the Department of new text end 100.25 new text begin Labor and Industry. new text end 100.26     new text begin Subd. 5. new text end new text begin Language preference. new text end new text begin Preference shall be given to applicants for the new text end 100.27 new text begin ombudsman position who are fluent in languages in addition to English. new text end 100.28     new text begin Subd. 6. new text end new text begin Report. new text end new text begin The ombudsman shall, on or before December 1 of each year, new text end 100.29 new text begin submit a report to the members of the legislature and the governor regarding any new text end 100.30 new text begin recommended actions the ombudsman deems necessary or appropriate to provide for the new text end 100.31 new text begin fair treatment of workers in the meatpacking industry. new text end 100.32    Sec. 17. Minnesota Statutes 2006, section 181.78, is amended by adding a subdivision 100.33to read: 101.1     new text begin Subd. 4. new text end new text begin Forfeiture of employer rights. new text end new text begin (a) This subdivision applies to an new text end 101.2 new text begin invention or proposal by an employee in which the employer has an enforceable interest new text end 101.3 new text begin by contract or otherwise. new text end 101.4     new text begin (b) An employer who has a right to develop or utilize an invention or proposal new text end 101.5 new text begin must make a substantial investment in the invention or proposal within five years of the new text end 101.6 new text begin submission of the invention or proposal or forfeit all rights and interests in the invention new text end 101.7 new text begin or proposal to the employee. new text end 101.8     new text begin (c) An employee who has acquired the rights and interests of an employer under new text end 101.9 new text begin paragraph (b) may transfer that interest in the invention or proposal to anyone. new text end 101.10     new text begin (d) An employer must notify in writing an employee who submits an invention or new text end 101.11 new text begin proposal to the employer of the employee's right under this subdivision within ten days of new text end 101.12 new text begin the submission. The employer must date and describe the proposal or invention received new text end 101.13 new text begin by the employer and provide a copy to the employee. new text end 101.14    Sec. 18. new text begin [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE new text end 101.15 new text begin PRESENCE OF LIQUOR. new text end 101.16     new text begin No minor under the age of 18 shall be employed in any rooms constituting the place new text end 101.17 new text begin in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any new text end 101.18 new text begin tasks involving the serving, dispensing, or handling of such liquors that are consumed on new text end 101.19 new text begin the premises except that: new text end 101.20     new text begin (1) minors who have reached the age of 16 may be employed to perform busing or new text end 101.21 new text begin dishwashing services in those rooms or areas of a restaurant, hotel, motel, or resort where new text end 101.22 new text begin the presence of intoxicating liquor is incidental to food service or preparation; new text end 101.23     new text begin (2) minors who have reached the age of 16 may be employed to perform busing or new text end 101.24 new text begin dishwashing services or to provide waiter or waitress service in rooms or areas where the new text end 101.25 new text begin presence of 3.2 percent malt liquor is incidental to food service or preparation; new text end 101.26     new text begin (3) minors who have reached the age of 16 may be employed to provide musical new text end 101.27 new text begin entertainment in those rooms or areas where the presence of intoxicating liquor and new text end new text begin new text end 101.28 new text begin percent malt liquor is incidental to food service or preparation; and new text end 101.29     new text begin (4) minors are not prevented from working at tasks which are not prohibited by law new text end 101.30 new text begin in establishments where liquor is sold, served, dispensed, or handled in those rooms or new text end 101.31 new text begin areas where no liquor is consumed or served. new text end 101.32    Sec. 19. Minnesota Statutes 2006, section 182.65, subdivision 2, is amended to read: 101.33    Subd. 2. Legislative findings and purpose. The legislature finds that the burden on 101.34employers and employees of this state resulting from personal injuries and illnesses arising 102.1out of work situations is substantial; that the prevention of these injuries and illnesses is an 102.2important objective of the government of this state; that the greatest hope of attaining this 102.3objective lies in programs of research and education, and in the earnest cooperation of 102.4government, employers and employees; and that a program of regulation and enforcement 102.5is a necessary supplement to these more basic programs. 102.6    The legislature declares it to be its purpose and policy through the exercise of its 102.7powers to assure so far as possible every worker in the state of Minnesota safe and 102.8healthful working conditions and to preserve our human resources by: 102.9    (a) authorizing the Occupational Safety and Health Advisory Council to advise, 102.10consult with or recommend on any matters relating to the Minnesota occupational 102.11safety and health plan to the commissioner of labor and industry and by authorizing the 102.12commissioner of labor and industry to promulgate and enforce mandatory occupational 102.13safety and health standards applicable to employers and employees in the state of 102.14Minnesota; 102.15    (b) encouraging employers and employees to increase their efforts to reduce the 102.16number of occupational safety and health hazards at their places of employment, and to 102.17stimulate employers and employees to institute new and to perfect existing programs for 102.18providing safe and healthful working conditions; 102.19    (c) providing that employers and employees have separate but dependent 102.20responsibilities and rights with respect to achieving safe and healthful working conditions; 102.21    (d) providing for research in the field of occupational safety and health; including 102.22the psychological factors involved, and by developing innovative methods, techniques, 102.23and approaches for dealing with occupational safety and health problems; 102.24    (e) exploring ways to discover latent diseases, establishing causal connections 102.25between diseases and work in environmental conditions, and conducting other research 102.26relating to health problems, in recognition of the fact that occupational health standards 102.27present problems often different from those involved in occupational safety; 102.28    (f) utilizing advances already made by federal laws and regulations providing safe 102.29and healthful working conditions; 102.30    (g) providing criteria which will assure insofar as practicable that no employee 102.31will suffer diminished health, functional capacity, or life expectancy as a result of work 102.32experience; 102.33    (h) providing an effective enforcement program which shall include new text begin locating new text end 102.34 new text begin enforcement personnel in areas of the state with a higher incidence of workplace fatalities, new text end 102.35 new text begin injuries, and complaints and new text end a prohibition against giving advance notice of an inspection 102.36and sanctions for any individual violating this prohibition; 103.1    (i) providing for appropriate reporting procedures with respect to occupational 103.2safety and health, which procedures will help achieve the objectives of this chapter and 103.3accurately describe the nature of the occupational safety and health problem; 103.4    (j) encouraging joint labor-management efforts to reduce injuries and diseases 103.5arising out of employment; 103.6    (k) providing consultation to employees and employers which will aid them in 103.7complying with their responsibilities under this chapter where such consultation does not 103.8interfere with the effective enforcement of this chapter; and 103.9    (l) providing for training programs to increase the number and competence of 103.10personnel engaged in the field of occupational safety and health. 103.11    Sec. 20. new text begin [182.6551] CITATION. new text end 103.12     new text begin Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act." new text end 103.13    Sec. 21. new text begin [182.6552] DEFINITIONS. new text end 103.14     new text begin Subdivision 1. new text end new text begin Direct patient care worker. new text end new text begin "Direct patient care worker" means an new text end 103.15 new text begin individual doing the job of directly providing physical care to patients including nurses, as new text end 103.16 new text begin defined by section 148.171, who provide physical care to patients. new text end 103.17     new text begin Subd. 2. new text end new text begin Health care facility. new text end new text begin "Health care facility" means a hospital as defined in new text end 103.18 new text begin section 144.50, subdivision 2; an outpatient surgical center as defined in section 144.55, new text end 103.19 new text begin subdivision 2; and a nursing home as defined in section 144A.01, subdivision 5. new text end 103.20     new text begin Subd. 3. new text end new text begin Safe patient handling. new text end new text begin "Safe patient handling" means a process, based on new text end 103.21 new text begin scientific evidence on causes of injuries, that uses safe patient handling equipment rather new text end 103.22 new text begin than people to transfer, move, and reposition patients in all health care facilities to reduce new text end 103.23 new text begin workplace injuries. This process also reduces the risk of injury to patients. new text end 103.24     new text begin Subd. 4. new text end new text begin Safe patient handling equipment. new text end new text begin "Safe patient handling equipment" new text end 103.25 new text begin means engineering controls, lifting and transfer aids, or mechanical assistive devices used new text end 103.26 new text begin by nurses and other direct patient care workers instead of manual lifting to perform the new text end 103.27 new text begin acts of lifting, transferring, and repositioning health care facility patients and residents. new text end 103.28    Sec. 22. new text begin [182.6553] SAFE PATIENT HANDLING PROGRAM. new text end 103.29     new text begin Subdivision 1. new text end new text begin Safe patient handling program required. new text end new text begin (a) By July 1, 2008, new text end 103.30 new text begin every licensed health care facility in the state shall adopt a written safe patient handling new text end 103.31 new text begin policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing new text end 103.32 new text begin manual lifting of patients by nurses and other direct patient care workers by utilizing new text end 103.33 new text begin safe patient handling equipment. new text end 104.1     new text begin (b) The program shall address: new text end 104.2     new text begin (1) assessment of hazards with regard to patient handling; new text end 104.3     new text begin (2) the acquisition of an adequate supply of appropriate safe patient handling new text end 104.4 new text begin equipment; new text end 104.5     new text begin (3) initial and ongoing training of nurses and other direct patient care workers on new text end 104.6 new text begin the use of this equipment; new text end 104.7     new text begin (4) procedures to ensure that physical plant modifications and major construction new text end 104.8 new text begin projects are consistent with program goals; and new text end 104.9     new text begin (5) periodic evaluations of the safe patient handling program. new text end 104.10     new text begin Subd. 2. new text end new text begin Safe patient handling committee. new text end new text begin (a) By July 1, 2008, every licensed new text end 104.11 new text begin health care facility in the state shall establish a safe patient handling committee either by new text end 104.12 new text begin creating a new committee or assigning the functions of a safe patient handling committee new text end 104.13 new text begin to an existing committee. new text end 104.14     new text begin (b) Membership of a safe patient handling committee or an existing committee must new text end 104.15 new text begin meet the following requirements: new text end 104.16     new text begin (1) at least half the members shall be nonmanagerial nurses and other direct patient new text end 104.17 new text begin care workers; and new text end 104.18     new text begin (2) in a health care facility where nurses and other direct patient care workers new text end 104.19 new text begin are covered by a collective bargaining agreement, the union shall select the committee new text end 104.20 new text begin members proportionate to its representation of nonmanagerial workers, nurses, and other new text end 104.21 new text begin direct patient care workers. new text end 104.22     new text begin (c) A health care organization with more than one covered health care facility may new text end 104.23 new text begin establish a committee at each facility or one committee to serve this function for all the new text end 104.24 new text begin facilities. If the organization chooses to have one overall committee for multiple facilities, new text end 104.25 new text begin at least half of the members of the overall committee must be nonmanagerial nurses and new text end 104.26 new text begin other direct patient care workers and each facility must be represented on the committee. new text end 104.27     new text begin (d) Employees who serve on a safe patient handling committee must be compensated new text end 104.28 new text begin by their employer for all hours spent on committee business. new text end 104.29     new text begin Subd. 3. new text end new text begin Facilities with existing programs. new text end new text begin A facility that has already adopted a new text end 104.30 new text begin safe patient handling policy that satisfies the requirements of subdivision 1, and established new text end 104.31 new text begin a safe patient handling committee by July 1, 2008, is considered to be in compliance new text end 104.32 new text begin with those requirements. The committee must continue to satisfy the requirements of new text end 104.33 new text begin subdivision 2, paragraph (b), on an ongoing basis. new text end 104.34     new text begin Subd. 4. new text end new text begin Committee duties. new text end new text begin A safe patient handling committee shall: new text end 104.35     new text begin (1) complete a patient handling hazard assessment that: new text end 105.1     new text begin (i) considers patient handling tasks, types of nursing units, patient populations, and new text end 105.2 new text begin the physical environment of patient care areas; new text end 105.3     new text begin (ii) identifies problems and solutions; new text end 105.4     new text begin (iii) identifies areas of highest risk for lifting injuries; and new text end 105.5     new text begin (iv) recommends a mechanism to report, track, and analyze injury trends; new text end 105.6     new text begin (2) make recommendations on the purchase, use, and maintenance of an adequate new text end 105.7 new text begin supply of appropriate safe patient handling equipment; new text end 105.8     new text begin (3) make recommendations on training of nurses and other direct patient care new text end 105.9 new text begin workers on use of safe patient handling equipment, initially when the equipment arrives at new text end 105.10 new text begin the facility and periodically afterwards; new text end 105.11     new text begin (4) conduct annual evaluations of the safe patient handling implementation plan and new text end 105.12 new text begin progress toward goals established in the safe patient handling policy; and new text end 105.13     new text begin (5) recommend procedures to ensure that, when remodeling of patient care areas new text end 105.14 new text begin occurs, the plans incorporate safe patient handling equipment or the physical space and new text end 105.15 new text begin construction design needed to accommodate safe patient handling equipment at a later date. new text end 105.16     new text begin Subd. 5. new text end new text begin Training materials. new text end new text begin The commissioner shall make training materials on new text end 105.17 new text begin implementation of this section available to all health care facilities at no cost as part of the new text end 105.18 new text begin training and education duties of the commissioner under section 182.673. new text end 105.19     new text begin Subd. 6. new text end new text begin Enforcement. new text end new text begin This section shall be enforced by the commissioner under new text end 105.20 new text begin section 182.661. A violation of this section is subject to the penalties provided under new text end 105.21 new text begin section 182.666. new text end 105.22     new text begin Subd. 7. new text end new text begin Grant program. new text end new text begin The commissioner may make grants to health care new text end 105.23 new text begin facilities to acquire safe patient handling equipment and for training on safe patient new text end 105.24 new text begin handling and safe patient handling equipment. Grants to any one facility may not exceed new text end 105.25 new text begin $40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The new text end 105.26 new text begin commissioner shall establish a grant application process. The commissioner may give new text end 105.27 new text begin priority for grants to facilities that demonstrate that acquiring safe patient handling new text end 105.28 new text begin equipment will impose a financial hardship on the facility. For health care facilities new text end 105.29 new text begin that provide evidence of hardship, the commissioner may waive the 50 percent match new text end 105.30 new text begin requirement and may grant such a facility more than $40,000. Health care facilities that new text end 105.31 new text begin the commissioner determines are experiencing hardship shall not be required to meet the new text end 105.32 new text begin safe patient handling requirements until July 1, 2012. new text end 105.33    Sec. 23. Minnesota Statutes 2006, section 268.085, subdivision 3, is amended to read: 105.34    Subd. 3. Payments that delay unemployment benefits. (a) An applicant shall not 105.35be eligible to receive unemployment benefits for any week with respect to which the 106.1applicant is receiving, has received, or has filed for payment, equal to or in excess of the 106.2applicant's weekly unemployment benefit amount, in the form of: 106.3    (1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause 106.4shall not apply to vacation pay paid upon a permanent separation from employment; 106.5    (2) severance pay, bonus pay, sick pay, and any other money payments, except 106.6earnings under subdivision 5, and back pay under subdivision 6, paid by an employer 106.7because of, upon, or after separation from employment, but only if the money payment is 106.8considered wages at the time of payment under section 268.035, subdivision 29, or United 106.9States Code, title 26, section 3121, clause (2), of the Federal Insurance Contribution Act; new text begin . new text end 106.10 new text begin This clause does not apply to the first $10,000 of any amount of severance pay, bonus new text end 106.11 new text begin pay, sick pay, or any other payments paid to an employee with annual salary or wages new text end 106.12 new text begin under $75,000; or new text end 106.13    (3) pension, retirement, or annuity payments from any plan contributed to by a base 106.14period employer including the United States government, except Social Security benefits 106.15which are provided for in subdivision 4. The base period employer contributed to the 106.16plan if the contribution is excluded from the definition of wages under section 268.035, 106.17subdivision 29 , clause (1), or United States Code, title 26, section 3121, clause (2), of 106.18the Federal Insurance Contribution Act. 106.19    An applicant shall not be considered to have received the lump sum payment if the 106.20applicant immediately deposits that payment in a qualified pension plan or account; or 106.21    (4) holiday pay. 106.22    (b) This subdivision shall apply to all the weeks of payment and shall be applied to 106.23the period immediately following the last day of employment. The number of weeks of 106.24payment shall be determined as follows: 106.25    (1) if the payments are made periodically, the total of the payments to be received 106.26shall be divided by the applicant's last level of regular weekly pay from the employer; or 106.27    (2) if the payment is made in a lump sum, that sum shall be divided by the applicant's 106.28last level of regular weekly pay from the employer. 106.29    (c) If the payment is less than the applicant's weekly unemployment benefit amount, 106.30unemployment benefits shall be reduced by the amount of the payment. If the computation 106.31of reduced unemployment benefits is not a whole dollar, it shall be rounded down to the 106.32next lower whole dollar. 106.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for unemployment benefits paid on new text end 106.34 new text begin or after January 1, 2006, regardless of when the continued request was filed or the week new text end 106.35 new text begin for which the unemployment benefits are paid. new text end 107.1    Sec. 24. Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision 107.2to read: 107.3     new text begin Subd. 5. new text end new text begin Unemployment insurance benefits telephone system. new text end new text begin The commissioner new text end 107.4 new text begin must ensure that the telephone system used for unemployment insurance benefits provides new text end 107.5 new text begin an option for any caller to speak to an unemployment insurance specialist. An individual new text end 107.6 new text begin who calls any of the publicized telephone numbers seeking information about applying for new text end 107.7 new text begin benefits or on the status of a claim must have the option to speak on the telephone to a new text end 107.8 new text begin specialist who can provide direct assistance or can direct the caller to the person or office new text end 107.9 new text begin that is able to respond to the caller's needs. new text end 107.10    Sec. 25. Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read: 107.11    Subd. 13. Supported employment. new text begin (a) new text end "Supported employment" means 107.12employment of a person with a disability so severe that the person needs ongoing training 107.13and support to get and keep a job in which: 107.14    (1) the person engages in paid work in a position removed from the service vendor's 107.15site where individuals without disabilities who do not require public subsidies also may 107.16be employed; 107.17    (2) public funds are necessary to provide ongoing training and support services 107.18throughout the period of the person's employment; and 107.19    (3) the person has the opportunity for social interaction with individuals who do not 107.20have disabilities and who are not paid caregivers. 107.21     new text begin (b) If the commissioner has certified a rehabilitation facility setting as integrated, new text end 107.22 new text begin then employment at that site may be considered supported employment. new text end 107.23    Sec. 26. Minnesota Statutes 2006, section 268A.01, is amended by adding a 107.24subdivision to read: 107.25     new text begin Subd. 14. new text end new text begin Affirmative business enterprise employment. new text end new text begin "Affirmative business new text end 107.26 new text begin enterprise employment" means employment which provides paid work on the premises of new text end 107.27 new text begin an affirmative business enterprise as certified by the commissioner. new text end 107.28     new text begin Affirmative business enterprise employment is considered community employment new text end 107.29 new text begin for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided new text end 107.30 new text begin that the wages for individuals reported must be at or above customary wages for the new text end 107.31 new text begin same employer. The employer must also provide one benefit package that is available to new text end 107.32 new text begin all employees. new text end 107.33    Sec. 27. Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read: 108.1    Subdivision 1. Appointment; membership. Every city, town, county, nonprofit 108.2corporation, or combination thereof establishing a rehabilitation facility shall appoint a 108.3rehabilitation facility board of no fewer than nine new text begin seven voting new text end members before becoming 108.4eligible for the assistance provided by sections 268A.06 to 268A.15. When any city, 108.5town, or county singly establishes such a rehabilitation facility, the board shall be 108.6appointed by the chief executive officer of the city or the chair of the governing board 108.7of the county or town. When any combination of cities, towns, counties, or nonprofit 108.8corporations establishes a rehabilitation facility, the chief executive officers of the cities, 108.9nonprofit corporations, and the chairs of the governing bodies of the counties or towns 108.10shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation 108.11facility, the corporation shall appoint the board of directors. Membership on a board 108.12shall be representative of the community served and shall include a person with a 108.13disability. One-third to one-half of the board shall be representative of industry or 108.14business. The remaining members should be representative of lay associations for persons 108.15with a disability, labor, the general public, and education, welfare, medical, and health 108.16professions. Nothing in sections to shall be construed to preclude 108.17the appointment of elected or appointed public officials or members of the board of 108.18directors of the sponsoring nonprofit corporation to the board, so long as the representation 108.19described above is preserved. If a county establishes an extended employment program 108.20and manages the program with county employees, the governing board shall be the county 108.21board of commissioners, and other provisions of this chapter pertaining to membership on 108.22the governing board do not apply. 108.23    Sec. 28. Minnesota Statutes 2006, section 268A.15, is amended by adding a 108.24subdivision to read: 108.25     new text begin Subd. 9. new text end new text begin Integrated setting. new text end new text begin At the commissioner's discretion, paid work on the new text end 108.26 new text begin premises of a rehabilitation facility may be certified as an integrated setting after a site new text end 108.27 new text begin review by the department. new text end 108.28    Sec. 29. Minnesota Statutes 2006, section 462.39, is amended by adding a subdivision 108.29to read: 108.30     new text begin Subd. 5. new text end new text begin Local planning assistance. new text end new text begin A regional development commission or, new text end 108.31 new text begin in regions not served by regional development commissions, a regional organization new text end 108.32 new text begin selected by the commissioner of employment and economic development, may develop a new text end 108.33 new text begin program to support planning on behalf of local units of government. The local planning new text end 109.1 new text begin must be related to issues of regional or statewide significance and may include, but is not new text end 109.2 new text begin limited to, the following: new text end 109.3     new text begin (1) local planning and development assistance, which may include local zoning new text end 109.4 new text begin ordinances and land use plans; new text end 109.5     new text begin (2) community or economic development plans, which may include workforce new text end 109.6 new text begin development plans, housing development plans and market analysis, JOBZ administration, new text end 109.7 new text begin grant writing assistance, and grant administration; new text end 109.8     new text begin (3) environment and natural resources plans, which may include solid waste new text end 109.9 new text begin management plans, wastewater management plans, and renewable energy development new text end 109.10 new text begin plans; new text end 109.11     new text begin (4) rural community health services; and new text end 109.12     new text begin (5) development of geographical information systems to serve regional needs, new text end 109.13 new text begin including hardware and software purchases and related labor costs. new text end 109.14     new text begin Each regional development commission or organization shall submit to the new text end 109.15 new text begin commissioner of employment and economic development an annual work program new text end 109.16 new text begin that outlines the work items for the upcoming year and establishes the relationship of new text end 109.17 new text begin the work items to development issues of regional or statewide significance. The entity new text end 109.18 new text begin completing the annual work program and identifying the statewide development issues new text end 109.19 new text begin shall consider input from the Departments of Employment and Economic Development, new text end 109.20 new text begin Natural Resources, Transportation, Agriculture, Commerce, and other state agencies as new text end 109.21 new text begin appropriate to the issues. new text end 109.22    Sec. 30. new text begin WORKFORCE ENHANCEMENT FEE. new text end 109.23     new text begin If the commissioner of employment and economic development determines that new text end 109.24 new text begin the need for services under the dislocated worker program substantially exceeds the new text end 109.25 new text begin resources that will be available for the program, the commissioner may increase the new text end 109.26 new text begin special assessment levied under Minnesota Statutes, section 116L.20, subdivision 1, to no new text end 109.27 new text begin more than .12 percent of taxable wages. new text end 109.28    Sec. 31. new text begin FEDERAL PROCUREMENT LIAISON. new text end 109.29     new text begin The commissioner of employment and economic development must establish and new text end 109.30 new text begin operate a technology and commercialization unit in the Department of Employment and new text end 109.31 new text begin Economic Development. Appropriation for this purpose must be used to: coordinate new text end 109.32 new text begin public and private efforts to procure federal funding for collaborative research and new text end 109.33 new text begin development projects of primary benefit to small- and medium-sized businesses; promote new text end 109.34 new text begin contractual relationships between Minnesota businesses who, as recipients of federal new text end 110.1 new text begin grants, are prime contractors, and appropriate Minnesota-based subcontractors; assess new text end 110.2 new text begin the research and development capabilities of small- and medium-sized businesses; new text end 110.3 new text begin undertake referral activities to link Minnesota companies with federal requests for new text end 110.4 new text begin proposal opportunities; and develop a framework for Minnesota companies to establish new text end 110.5 new text begin sole-sourcing relationships with federal agencies. new text end 110.6     new text begin The commissioner must report to the committees in the house of representatives and new text end 110.7 new text begin the senate having jurisdiction over bioscience and technology issues on the activities of new text end 110.8 new text begin the technology and commercialization unit by June 30 of each year. new text end 110.9    Sec. 32. new text begin LOCATION OF NORTHERN MINNESOTA INSPECTORS. new text end 110.10     new text begin By December 31, 2007, the commissioner of labor and industry must assign three new text end 110.11 new text begin occupational safety and health inspectors to one or more offices on the Iron Range and one new text end 110.12 new text begin inspector to an office in Bemidji. new text end 110.13    Sec. 33. new text begin ROLE OF STATE LEGISLATURE IN TRADE POLICY. new text end 110.14     new text begin (a) It shall be the policy of the state that approval for the state to be bound by any new text end 110.15 new text begin trade agreement requires the consent of the state legislature. new text end 110.16     new text begin (b) Four state legislative contacts must be informed by the governor when any trade new text end 110.17 new text begin agreement arrives in the governor's office. The four contacts are the majority and minority new text end 110.18 new text begin leader of the senate or their designated legislators, and the speaker and minority leader in new text end 110.19 new text begin the house of representatives or their designated legislators. The legislature declares that new text end 110.20 new text begin the purposes of the state contacts are to: new text end 110.21     new text begin (1) serve as the state's official legislative liaisons with the governor and the state new text end 110.22 new text begin legislature on trade-related matters; new text end 110.23     new text begin (2) serve as the legislature's designated recipients from the governor of federal new text end 110.24 new text begin requests for consent to consultation regarding investment, procurement, services, or other new text end 110.25 new text begin provisions of international trade agreements, which impinge on state law or regulatory new text end 110.26 new text begin authority reserved to the states; new text end 110.27     new text begin (3) transmit information regarding federal requests from the governor to all new text end 110.28 new text begin appropriate legislative committees; new text end 110.29     new text begin (4) issue a formal request to the Department of Employment and Economic new text end 110.30 new text begin Development and all appropriate state agencies to provide analysis of all proposed trade new text end 110.31 new text begin agreements' impact on state legislative authority and the economy of the state; new text end 110.32     new text begin (5) inform all members of the legislature on a regular basis about ongoing trade new text end 110.33 new text begin negotiations and dispute settlement proceedings with implications for the state more new text end 110.34 new text begin generally; new text end 111.1     new text begin (6) communicate the concerns of the legislature to the governor and the United new text end 111.2 new text begin States trade representative regarding ongoing and proposed trade negotiations; and new text end 111.3     new text begin (7) notify the governor and the United States trade representative of the outcome new text end 111.4 new text begin of any legislative action. new text end 111.5     new text begin (c) The following actions are required before the state shall consent to the terms of new text end 111.6 new text begin a trade agreement: new text end 111.7     new text begin (1) when a federal trade request has been received, the governor must submit the new text end 111.8 new text begin request to the legislative contacts on a day both houses are in session. The request must new text end 111.9 new text begin contain a copy of the final legal text of the agreement together with: new text end 111.10     new text begin (i) a report by the Department of Employment and Economic Development in new text end 111.11 new text begin consultation with, at a minimum, the following agencies: Department of Administration, new text end 111.12 new text begin Department of Labor and Industry, Department of Agriculture, Department of Natural new text end 111.13 new text begin Resources, and the Minnesota Pollution Control Agency. The report shall include an new text end 111.14 new text begin analysis of how the agreement of the state to the specific provisions of the agreement new text end 111.15 new text begin will change or affect existing state law; new text end 111.16     new text begin (ii) a statement of any administrative action proposed to implement these trade new text end 111.17 new text begin agreement provisions in the state; and new text end 111.18     new text begin (iii) a draft of legislation authorizing the state to sign on to the specific listed new text end 111.19 new text begin provisions of the agreement in question; new text end 111.20     new text begin (2) at least one public hearing, with adequate public notice, shall occur before the new text end 111.21 new text begin legislature votes on the bill; and new text end 111.22     new text begin (3) the bill authorizing the state to sign on to specific listed provisions of an new text end 111.23 new text begin agreement is enacted into law. new text end 111.24     new text begin (d) It is the sense of this legislature that Congress should pass legislation instructing new text end 111.25 new text begin the United States trade representative to fully and formally consult individual state new text end 111.26 new text begin legislatures regarding procurement, services, investment, or any other trade agreement new text end 111.27 new text begin rules that impact state laws or authority before negotiations begin and as they develop, new text end 111.28 new text begin and to seek consent from state legislatures in addition to governors prior to binding new text end 111.29 new text begin states to conform their laws to the terms of international commercial agreements. Such new text end 111.30 new text begin legislation is necessary to ensure the prior informed consent of the state with regard to new text end 111.31 new text begin future international trade and investment agreements. new text end 111.32     new text begin (e) The state attorney general shall notify the United States trade representative of new text end 111.33 new text begin the policies in paragraph (d) in writing no later than 30 days after its effective date, and new text end 111.34 new text begin shall provide copies of the notice to the president of the senate, speaker of the house of new text end 111.35 new text begin representatives, the governor, and the state's congressional delegation. new text end 112.1    Sec. 34. new text begin STUDY; SAFE PATIENT HANDLING. new text end 112.2     new text begin (a) The commissioner of labor and industry shall study ways to require workers' new text end 112.3 new text begin compensation insurers to recognize compliance with Minnesota Statutes, section new text end 112.4 new text begin 182.6553, in the workers' compensation premiums of health care and long-term care new text end 112.5 new text begin facilities. The commissioner shall report by January 15, 2008, the results of the study new text end 112.6 new text begin to the chairs of the policy committees of the legislature with primary jurisdiction over new text end 112.7 new text begin workers' compensation issues. new text end 112.8     new text begin (b) By January 15, 2008, the commissioner must make recommendations to the new text end 112.9 new text begin legislature regarding funding sources available to health care facilities for safe patient new text end 112.10 new text begin handling programs and equipment, including, but not limited to, low interest loans, interest new text end 112.11 new text begin free loans, and federal, state, or county grants. new text end 112.12    Sec. 35. new text begin WORK GROUP; SAFE PATIENT HANDLING. new text end 112.13     new text begin The Minnesota State Council on Disability shall convene a work group comprised new text end 112.14 new text begin of representatives from the Minnesota Medical Association and other organizations new text end 112.15 new text begin representing clinics, disability advocates, and direct care workers, to do the following: new text end 112.16     new text begin (1) assess the current options for and use of safe patient handling equipment in new text end 112.17 new text begin unlicensed outpatient clinics, physician offices, and dental settings; new text end 112.18     new text begin (2) identify barriers to the use of safe patient handling equipment in these settings; new text end 112.19 new text begin and new text end 112.20     new text begin (3) define clinical settings that move patients to determine applicability of the Safe new text end 112.21 new text begin Patient Handling Act. new text end 112.22     new text begin The work group must report to the legislature by January 15, 2008, including new text end 112.23 new text begin reports to the chairs of the senate and house of representatives committees on workforce new text end 112.24 new text begin development. new text end 112.25    Sec. 36. new text begin EFFECT ON RULES. new text end 112.26     new text begin The commissioner of labor and industry shall amend Minnesota Rules, part new text end 112.27 new text begin , to conform to Minnesota Statutes, section 181A.115. The commissioner new text end 112.28 new text begin may use the good cause exemption in Minnesota Statutes, section new text end new text begin , in adopting new text end 112.29 new text begin the amendment required by this section. new text end 112.30    Sec. 37. new text begin PUBLIC FACILITIES AUTHORITY FUNDING. new text end 112.31     new text begin To the greatest practical extent, projects on the Public Facilities Authority's 2007 new text end 112.32 new text begin intended use plan, the listings for which were based on the Pollution Control Agency's new text end 112.33 new text begin 2006 project priority list, shall be carried over to the 2008 intended use plan. Projects that new text end 113.1 new text begin qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258, new text end 113.2 new text begin section 21, that could not be certified by the Pollution Control Agency by the applicable new text end 113.3 new text begin deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court new text end 113.4 new text begin issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to new text end 113.5 new text begin obtain the required certification from the Pollution Control Agency. new text end 113.6    Sec. 38. new text begin REPEALER. new text end 113.7 new text begin Minnesota Statutes 2006, section 16C.18, subdivision 2, new text end new text begin is repealed. new text end 113.8ARTICLE 8 113.9LICENSING AND WAGES 113.10    Section 1. new text begin [154.465] HAIR BRAIDING. new text end 113.11     new text begin Subdivision 1. new text end new text begin Registration. new text end new text begin Any person engaged in hair braiding solely for new text end 113.12 new text begin compensation as a profession, except persons licensed as cosmetologists, shall register new text end 113.13 new text begin with the Minnesota Board of Barber and Cosmetology Examiners in a form determined new text end 113.14 new text begin by the board. new text end 113.15     new text begin Subd. 2. new text end new text begin Definition. new text end new text begin "Hair braiding" means a natural form of hair manipulation that new text end 113.16 new text begin results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, new text end 113.17 new text begin locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic new text end 113.18 new text begin fibers, and hair extensions into a variety of shapes, patterns, and textures predominantly by new text end 113.19 new text begin hand and by only using simple braiding devices, and maintenance thereof. Hair braiding new text end 113.20 new text begin includes what is commonly known as "African-style hair braiding" or "natural hair care" new text end 113.21 new text begin but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles. new text end 113.22 new text begin Hair braiding includes the making of customized wigs from natural hair, natural fibers, new text end 113.23 new text begin synthetic fibers, and hair extensions. Hair braiding includes the use of topical agents such new text end 113.24 new text begin as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not new text end 113.25 new text begin involve the use of penetrating chemical hair treatments, chemical hair coloring agents, new text end 113.26 new text begin chemical hair straightening agents, chemical hair joining agents, permanent wave styles, new text end 113.27 new text begin or chemical hair bleaching agents applied to growing human hair. For purposes of this new text end 113.28 new text begin section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins, new text end 113.29 new text begin rollers, scissors, needles, thread, and hair binders including adhesives, if necessary, that new text end 113.30 new text begin are required solely for hair braiding. new text end 113.31     new text begin Subd. 3. new text end new text begin Requirements. new text end new text begin In order to qualify for initial registration, any person new text end 113.32 new text begin engaged in hair braiding solely for compensation as a profession shall satisfactorily new text end 113.33 new text begin complete instruction at either an accredited school or by an individual, except persons new text end 113.34 new text begin licensed as cosmetologists approved by the board. Instruction includes coursework new text end 114.1 new text begin covering the topics of health, safety, sanitation, and state laws related to cosmetology not new text end 114.2 new text begin to exceed 30 hours. The coursework is encouraged to be provided in a foreign language new text end 114.3 new text begin format and such availability shall be reported to and posted by the Minnesota Board new text end 114.4 new text begin of Barber and Cosmetology Examiners. new text end 114.5     new text begin Subd. 4. new text end new text begin Curriculum. new text end new text begin An accredited school or an individual approved by the board new text end 114.6 new text begin desiring to provide the coursework required under subdivision 3 shall have curriculum in new text end 114.7 new text begin place by January 1, 2008. new text end 114.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008, except subdivision 4 is new text end 114.9 new text begin effective the day following final enactment. new text end 114.10    Sec. 2. Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read: 114.11    Subdivision 1. Examination of records. The commissioner may enter during 114.12reasonable office hours or upon request and inspect the place of business or employment of 114.13any employer of employees working in the state, to examine and inspect books, registers, 114.14payrolls, and other records of any employer that in any way relate to wages, hours, and 114.15other conditions of employment of any employees. The commissioner may transcribe any 114.16or all of the books, registers, payrolls, and other records as the commissioner deems 114.17necessary or appropriate and may question the employees to ascertain compliance with 114.18sections 177.21 to . The commissioner may investigate wage claims or 114.19complaints by an employee against an employer if the failure to pay a wage may violate 114.20Minnesota law or an order or rule of the department. 114.21    Sec. 3. Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read: 114.22    Subd. 4. Compliance orders. The commissioner may issue an order requiring an 114.23employer to comply with sections 177.21 to , 181.02, 181.03, 181.031, 114.24181.032 , 181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, and 181.79 new text begin , 181.932, new text end 114.25 new text begin and 181.9325 new text end , or with any rule promulgated under section 177.28. The department shall 114.26serve the order upon the employer or the employer's authorized representative in person or 114.27by certified mail at the employer's place of business. An employer who wishes to contest 114.28the order must file written notice of objection to the order with the commissioner within 114.2915 calendar days after being served with the order. A contested case proceeding must then 114.30be held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being 114.31served with the order, the employer fails to file a written notice of objection with the 114.32commissioner, the order becomes a final order of the commissioner. 114.33    Sec. 4. Minnesota Statutes 2006, section 177.27, subdivision 5, is amended to read: 115.1    Subd. 5. Civil actions. new text begin (a) new text end The commissioner may bring an action in the district 115.2court where an employer resides or where the commissioner maintains an office to enforce 115.3or require compliance with orders issued under subdivision 4. 115.4     new text begin (b) If the district court determines that a violation of section 181.932 or 181.9325 new text end 115.5 new text begin occurred, the court may order any appropriate relief, including but not limited to new text end 115.6 new text begin reinstatement, back pay, restoration of lost service credit, if appropriate, compensatory new text end 115.7 new text begin damages, and the expungement of any adverse records of a state employee or applicant new text end 115.8 new text begin for state employment who was the subject of the alleged acts of misconduct, and any new text end 115.9 new text begin appropriate relief as described in section 181.936. new text end 115.10    Sec. 5. Minnesota Statutes 2006, section 177.27, subdivision 8, is amended to read: 115.11    Subd. 8. Court actions; suits brought by private parties. An employee may bring 115.12a civil action seeking redress for a violation or violations of sections 177.21 to 115.13 new text begin 177.44 new text end directly to district court. An employer who pays an employee less than the wages 115.14and overtime compensation to which the employee is entitled under sections 177.21 to 115.15177.35 new text begin 177.44 new text end is liable to the employee for the full amount of the wages, gratuities, and 115.16overtime compensation, less any amount the employer is able to establish was actually 115.17paid to the employee and for an additional equal amount as liquidated damages. In 115.18addition, in an action under this subdivision the employee may seek damages and other 115.19appropriate relief provided by subdivision 7 and otherwise provided by law. An agreement 115.20between the employee and the employer to work for less than the applicable wage is not 115.21a defense to the action. 115.22    Sec. 6. Minnesota Statutes 2006, section 177.27, subdivision 9, is amended to read: 115.23    Subd. 9. District court jurisdiction. Any action brought under subdivision 8 may 115.24be filed in the district court of the county wherein a violation or violations of sections 115.25177.21 to new text begin 177.44 new text end are alleged to have been committed, where the respondent resides 115.26or has a principal place of business, or any other court of competent jurisdiction. The 115.27action may be brought by one or more employees. 115.28    Sec. 7. Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to read: 115.29    Subd. 10. Attorney fees and costs. In any action brought pursuant to subdivision 8, 115.30the court shall order an employer who is found to have committed a violation or violations 115.31of sections 177.21 to new text begin 177.44 new text end to pay to the employee or employees reasonable costs, 115.32disbursements, witness fees, and attorney fees. 116.1    Sec. 8. Minnesota Statutes 2006, section 177.27, is amended by adding a subdivision 116.2to read: 116.3     new text begin Subd. 11. new text end new text begin Investigation of certain complaints. new text end new text begin (a) The commissioner shall conduct new text end 116.4 new text begin an investigation of any matter that alleges a violation of sections 181.932 and 181.9325. new text end 116.5 new text begin The identity of the person providing the information that initiated the investigation shall new text end 116.6 new text begin be classified as private data, pursuant to section 13.02, subdivision 12, except that the new text end 116.7 new text begin identity may be disclosed to a law enforcement agency that is conducting a criminal new text end 116.8 new text begin investigation of the matter. new text end 116.9     new text begin (b) For each investigation completed, if the commissioner determines that there is new text end 116.10 new text begin reasonable cause to believe that an employer has violated section 181.932 or 181.9325, new text end 116.11 new text begin the commissioner shall report the nature and details of the alleged violation to the head new text end 116.12 new text begin of the employing agency or the appropriate appointing authority. If appropriate, the new text end 116.13 new text begin commissioner shall report this information to the attorney general, the policy committees new text end 116.14 new text begin of the house of representatives and senate having jurisdiction over the subject involved, new text end 116.15 new text begin and to any other authority that the commissioner deems appropriate. In any case new text end 116.16 new text begin in which the commissioner submits a report of alleged violations to the head of the new text end 116.17 new text begin employing agency or appropriate appointing authority, that individual shall report to the new text end 116.18 new text begin commissioner with respect to any action taken by the individual regarding the activity, the new text end 116.19 new text begin first report being transmitted no later than 30 days after the date of the auditor's report, new text end 116.20 new text begin and monthly thereafter until final action has been taken. new text end 116.21     new text begin (c) This subdivision shall not limit any authority conferred upon the attorney general new text end 116.22 new text begin or other department or agency of government to investigate and prosecute any matter. new text end 116.23     new text begin (d) The commissioner shall have all the powers and authority described in this new text end 116.24 new text begin section to conduct investigations pursuant to this subdivision. new text end 116.25    Sec. 9. new text begin [177.275] INVESTIGATION PROCEDURE. new text end 116.26     new text begin (a) The commissioner shall initiate an investigation of a written complaint of new text end 116.27 new text begin reprisal or retaliation in public employment as prohibited by section 181.932 or 181.9325 new text end 116.28 new text begin within ten working days of its submission. The commissioner shall complete findings new text end 116.29 new text begin of the investigation within 60 working days thereafter, and shall provide a copy of the new text end 116.30 new text begin findings to the complaining employee or applicant for employment and to the appropriate new text end 116.31 new text begin supervisor, manager, employee, or appointing authority. When the allegations contained new text end 116.32 new text begin in a complaint of reprisal or retaliation are the same as, or similar to, those contained in new text end 116.33 new text begin another appeal, the commissioner may consolidate the appeals into the most appropriate new text end 116.34 new text begin format. In these cases, the time limits described in this subdivision shall not apply. new text end 117.1     new text begin (b) If the commissioner finds that the supervisor, manager, employee, or appointing new text end 117.2 new text begin power retaliated against the complainant for engaging in protected whistle-blower new text end 117.3 new text begin activities, the commissioner may issue a compliance order under section 177.27, new text end 117.4 new text begin subdivision 4. new text end 117.5     new text begin (c) In order for the governor and the legislature to determine the need to continue new text end 117.6 new text begin or modify state personnel procedures as they relate to the investigations of reprisals or new text end 117.7 new text begin retaliation for the disclosure of information by public employees, the commissioner, by new text end 117.8 new text begin June 30 of each year, shall submit a report to the governor and the legislature regarding new text end 117.9 new text begin complaints filed, hearings held, and legal actions taken under this section. new text end 117.10    Sec. 10. Minnesota Statutes 2006, section 177.28, subdivision 1, is amended to read: 117.11    Subdivision 1. General authority. The commissioner may adopt rules, including 117.12definitions of terms, to carry out the purposes of sections 177.21 to new text begin 177.44 new text end , to 117.13prevent the circumvention or evasion of those sections, and to safeguard the minimum 117.14wage and overtime rates established by sections 177.24 and 177.25. 117.15    Sec. 11. Minnesota Statutes 2006, section 177.30, is amended to read: 117.16177.30 KEEPING RECORDS; PENALTY. 117.17    Every employer subject to sections 177.21 to new text begin 177.44 new text end must make and keep a 117.18record of: 117.19    (1) the name, address, and occupation of each employee; 117.20    (2) the rate of pay, and the amount paid each pay period to each employee; 117.21    (3) the hours worked each day and each workweek by the employee; and 117.22     new text begin (4) for each employer subject to sections 177.41 to 177.44, and while performing new text end 117.23 new text begin work on public works projects funded in whole or in part with state funds, the prevailing new text end 117.24 new text begin wage master job classification of each employee working on the project for each hour new text end 117.25 new text begin worked; and new text end 117.26    (4) new text begin (5) new text end other information the commissioner finds necessary and appropriate to 117.27enforce sections 177.21 to 177.35. The records must be kept for three years in or near the 117.28premises where an employee works new text begin except each employer subject to sections 177.41 to new text end 117.29 new text begin 177.44, and while performing work on public works projects funded in whole or in part new text end 117.30 new text begin with state funds, the records must be kept for three years after the contracting authority new text end 117.31 new text begin has made final payment on the public works project new text end . 117.32    The commissioner may fine an employer up to $1,000 for each failure to maintain 117.33records as required by this section. This penalty is in addition to any penalties provided 117.34under section 177.32, subdivision 1. In determining the amount of a civil penalty under 118.1this subdivision, the appropriateness of such penalty to the size of the employer's business 118.2and the gravity of the violation shall be considered. 118.3    Sec. 12. Minnesota Statutes 2006, section 177.43, subdivision 3, is amended to read: 118.4    Subd. 3. Contract requirements. The contract must specifically state the prevailing 118.5wage rates, prevailing hours of labor, and hourly basic rates of pay. new text begin The contract must also new text end 118.6 new text begin provide that the contracting authority may demand and the contractor or subcontractor new text end 118.7 new text begin shall furnish to the contracting authority, copies of any and all payrolls, and that the new text end 118.8 new text begin contracting authority may examine all records relating to wages paid laborers or mechanics new text end 118.9 new text begin on work to which sections 177.41 to 177.44 apply. The requirements of this subdivision new text end 118.10 new text begin are in addition to any other requirements or authority set forth in other laws or rules for new text end 118.11 new text begin work to which sections 177.41 to 177.44 apply. new text end 118.12    Sec. 13. Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to read: 118.13    Subd. 4. Determination by commissioner new text begin ; posting; petition for reconsideration new text end . 118.14    The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all 118.15trades and occupations required in any project must be ascertained before the state asks for 118.16bids. The commissioner of labor and industry shall investigate as necessary to ascertain 118.17the information. The commissioner new text begin Each contractor and subcontractor performing work new text end 118.18 new text begin on a public project new text end shall keep the information posted on the project in at least one 118.19conspicuous place for the information of the employees working on the project. A person 118.20aggrieved by a final determination of the commissioner may petition the commissioner for 118.21reconsideration of findings. A person aggrieved by a decision of the commissioner after 118.22reconsideration may, within 20 days after the decision, petition the commissioner for a 118.23public hearing in the manner of a contested case under sections 14.57 to 14.61. 118.24    Sec. 14. Minnesota Statutes 2006, section 177.43, subdivision 6, is amended to read: 118.25    Subd. 6. Examination of records new text begin ; investigation by the department new text end . The 118.26Department of Labor and Industry shall enforce this section. The department may 118.27demand, and the contractor and subcontractor shall furnish to the department, copies 118.28of any or all payrolls. The department may examine all records relating to wages paid 118.29laborers or mechanics on work to which sections 177.41 to 177.44 apply. new text begin The department new text end 118.30 new text begin shall employ at least three investigators to perform on-site project reviews, receive and new text end 118.31 new text begin investigate complaints of violations of this section, and conduct training and outreach to new text end 118.32 new text begin contractors and contracting authorities for public works projects financed in whole or new text end 118.33 new text begin in part with state funds. new text end 119.1    Sec. 15. Minnesota Statutes 2006, section 177.43, is amended by adding a subdivision 119.2to read: 119.3     new text begin Subd. 6a. new text end new text begin Prevailing wage violations. new text end new text begin Upon issuing a compliance order to an new text end 119.4 new text begin employer pursuant to section 177.27, subdivision 4, for violation of sections 177.41 to new text end 119.5 new text begin 177.44, the commissioner shall issue a withholding order to the contracting authority new text end 119.6 new text begin ordering the contracting authority to withhold payment of sufficient sum to the prime new text end 119.7 new text begin or general contractor on the project to satisfy the back wages assessed or otherwise new text end 119.8 new text begin cure the violation, and the contracting authority must withhold the sum ordered until new text end 119.9 new text begin the compliance order has become a final order of the commissioner and has been fully new text end 119.10 new text begin paid or otherwise resolved by the employer. new text end 119.11     new text begin During an investigation of a violation of sections 177.41 to 177.44 which the new text end 119.12 new text begin commissioner reasonably determines is likely to result in the finding of a violation of new text end 119.13 new text begin sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section new text end 119.14 new text begin 177.27, subdivision 4, the commissioner may notify the contracting authority of the new text end 119.15 new text begin determination and the amount expected to be assessed and the contracting authority shall new text end 119.16 new text begin give the commissioner 90 days' prior notice of the date the contracting authority intends to new text end 119.17 new text begin make final payment. new text end 119.18    Sec. 16. new text begin [181.723] DEFINITIONS. new text end 119.19     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin The definitions in this subdivision apply to this section. new text end 119.20     new text begin (a) "Person" means any individual, limited liability corporation, corporation, new text end 119.21 new text begin partnership, incorporated or unincorporated association, sole proprietorship, joint stock new text end 119.22 new text begin company, or any other legal or commercial entity. new text end 119.23     new text begin (b) "Department" means the Department of Labor and Industry. new text end 119.24     new text begin (c) "Commissioner" means the commissioner of labor and industry or a duly new text end 119.25 new text begin designated representative of the commissioner who is either an employee of the new text end 119.26 new text begin Department of Labor and Industry or person working under contract with the Department new text end 119.27 new text begin of Labor and Industry. new text end 119.28     new text begin (d) "Individual" means a human being. new text end 119.29     new text begin (e) "Day" means calendar day unless otherwise provided. new text end 119.30     new text begin (f) "Knowingly" means knew or could have known with the exercise of reasonable new text end 119.31 new text begin diligence. new text end 119.32     new text begin (g) "Document" or "documents" includes papers; books; records; memoranda; data; new text end 119.33 new text begin contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings; new text end 119.34 new text begin records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars new text end 119.35 new text begin maintained in any form or manner. new text end 120.1     new text begin Subd. 2. new text end new text begin Limited application. new text end new text begin This section only applies to individuals performing new text end 120.2 new text begin public or private sector commercial or residential building construction or improvement new text end 120.3 new text begin services. new text end 120.4     new text begin Subd. 3. new text end new text begin Employee-employer relationship. new text end new text begin Except as provided in subdivision new text end 120.5 new text begin 4, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, an new text end 120.6 new text begin individual who performs services for a person that are in the course of the person's trade, new text end 120.7 new text begin business, profession, or occupation is an employee of that person and that person is an new text end 120.8 new text begin employer of the individual. new text end 120.9     new text begin Subd. 4. new text end new text begin Independent contractor. new text end new text begin An individual is an independent contractor and new text end 120.10 new text begin not an employee of the person for whom the individual is performing services in the course new text end 120.11 new text begin of the person's trade, business, profession, or occupation only if (a) the individual holds new text end 120.12 new text begin a current independent contractor exemption certificate issued by the commissioner; and new text end 120.13 new text begin (b) the individual is performing services for the person under the independent contractor new text end 120.14 new text begin exemption certificate as provided in subdivision 6. The requirements in clauses (a) and (b) new text end 120.15 new text begin must be met in order to qualify as an independent contractor and not as an employee of new text end 120.16 new text begin the person for whom the individual is performing services in the course of the person's new text end 120.17 new text begin trade, business, profession, or occupation. new text end 120.18     new text begin Subd. 5. new text end new text begin Application. new text end new text begin To obtain an independent contractor exemption certificate, new text end 120.19 new text begin the individual must submit, in the manner prescribed by the commissioner, a complete new text end 120.20 new text begin application and the certificate fee required under subdivision 14. new text end 120.21     new text begin (a) A complete application must include all of the following information: new text end 120.22     new text begin (1) the individual's full name; new text end 120.23     new text begin (2) the individual's residence address and telephone number; new text end 120.24     new text begin (3) the individual's business name, address, and telephone number; new text end 120.25     new text begin (4) the services for which the individual is seeking an independent contractor new text end 120.26 new text begin exemption certificate; new text end 120.27     new text begin (5) the individual's Social Security number; new text end 120.28     new text begin (6) the individual's or the individual's business federal employer identification new text end 120.29 new text begin number, if a number has been issued to the individual or the individual's business; new text end 120.30     new text begin (7) any information or documentation that the commissioner requires by rule that new text end 120.31 new text begin will assist the department in determining whether to grant or deny the individual's new text end 120.32 new text begin application; and new text end 120.33     new text begin (8) The individual's sworn statement that the individual meets all of the following new text end 120.34 new text begin conditions: new text end 120.35     new text begin (i) the individual maintains a separate business with the individual's own office, new text end 120.36 new text begin equipment, materials, and other facilities; new text end 121.1     new text begin (ii) the individual holds or has applied for a federal employer identification number new text end 121.2 new text begin or has filed business or self-employment income tax returns with the federal Internal new text end 121.3 new text begin Revenue Service if the person has performed services in the previous year for which the new text end 121.4 new text begin individual is seeking the independent contractor exemption certificate; new text end 121.5     new text begin (iii) the individual operates under contracts to perform specific services for specific new text end 121.6 new text begin amounts of money and under which the individual controls the means of performing the new text end 121.7 new text begin services; new text end 121.8     new text begin (iv) the individual incurs the main expenses related to the service that the individual new text end 121.9 new text begin performs under contract; new text end 121.10     new text begin (v) the individual is responsible for the satisfactory completion of services that the new text end 121.11 new text begin individual contracts to perform and is liable for a failure to complete the service; new text end 121.12     new text begin (vi) the individual receives compensation for service performed under a contract on new text end 121.13 new text begin a commission or per-job or competitive bid basis and not on any other basis; new text end 121.14     new text begin (vii) the individual may realize a profit or suffer a loss under contracts to perform new text end 121.15 new text begin service; new text end 121.16     new text begin (viii) the individual has continuing or recurring business liabilities or obligations; and new text end 121.17     new text begin (ix) the success or failure of the individual's business depends on the relationship of new text end 121.18 new text begin business receipts to expenditures. new text end 121.19     new text begin (b) Within 30 days of receiving a complete application and the certificate fee, the new text end 121.20 new text begin commissioner must either grant or deny the application. The commissioner may deny new text end 121.21 new text begin an application for an independent contractor exemption certificate if the individual has new text end 121.22 new text begin not submitted a complete application and certificate fee or if the individual does not new text end 121.23 new text begin meet all of the conditions for holding the independent contractor exemption certificate. new text end 121.24 new text begin The commissioner may revoke an independent contractor exemption certificate if the new text end 121.25 new text begin commissioner determines that the individual no longer meets all of the conditions for new text end 121.26 new text begin holding the independent contractor exemption certificate, commits any of the actions new text end 121.27 new text begin set out in subdivision 7, or fails to cooperate with a department investigation into the new text end 121.28 new text begin continued validity of the individual's certificate. Once issued, an independent contractor new text end 121.29 new text begin exemption certificate remains in effect for two years unless: new text end 121.30     new text begin (1) revoked by the commissioner; or new text end 121.31     new text begin (2) canceled by the individual. new text end 121.32     new text begin (c) If the department denies an individual's original or renewal application for new text end 121.33 new text begin an independent contractor exemption certificate or revokes an independent contractor new text end 121.34 new text begin exemption certificate, the commissioner shall issue to the individual an order denying or new text end 121.35 new text begin revoking the certificate. The commissioner may issue an administrative penalty order to new text end 121.36 new text begin an individual or person who commits any of the actions set out in subdivision 7. new text end 122.1     new text begin (d) An individual or person to whom the commissioner issues an order under new text end 122.2 new text begin paragraph (c) shall have 30 days after service of the order to request a hearing. The request new text end 122.3 new text begin for hearing must be in writing and must be served on or faxed to the commissioner at the new text end 122.4 new text begin address or fax number specified in the order by the 30th day after service of the order. new text end 122.5 new text begin If the individual does not request a hearing or if the individual's request for a hearing is new text end 122.6 new text begin not served on or faxed to the commissioner by the 30th day after service of the order, the new text end 122.7 new text begin order shall become a final order of the commissioner and will not be subject to review new text end 122.8 new text begin by any court or agency. The date on which a request for hearing is served by mail shall new text end 122.9 new text begin be the postmark date on the envelope in which the request for hearing is mailed. If the new text end 122.10 new text begin individual serves or faxes a timely request for hearing, the hearing shall be a contested new text end 122.11 new text begin case hearing and shall be held in accordance with chapter 14. new text end 122.12     new text begin Subd. 6. new text end new text begin Qualifications for exemption certificate. new text end new text begin An individual is performing new text end 122.13 new text begin services for a person under an independent contractor exemption certificate if: new text end 122.14     new text begin (a) the individual is performing services listed on the individual's independent new text end 122.15 new text begin contractor exemption certificate; new text end 122.16     new text begin (b) at the time the individual is performing services listed on the individual's new text end 122.17 new text begin independent contractor exemption certificate, the individual meets all of the following new text end 122.18 new text begin conditions: new text end 122.19     new text begin (1) the individual maintains a separate business with the individual's own office, new text end 122.20 new text begin equipment, materials, and other facilities; new text end 122.21     new text begin (2) the individual holds or has applied for a federal employer identification number new text end 122.22 new text begin or has filed business or self-employment income tax returns with the federal Internal new text end 122.23 new text begin Revenue Service if the individual performed services in the previous year for which the new text end 122.24 new text begin individual has the independent contractor exemption certificate; new text end 122.25     new text begin (3) the individual is operating under contract to perform the specific services for new text end 122.26 new text begin the person for specific amounts of money and under which the individual controls the new text end 122.27 new text begin means of performing the services; new text end 122.28     new text begin (4) the individual is incurring the main expenses related to the services that the new text end 122.29 new text begin individual is performing for the person under the contract; new text end 122.30     new text begin (5) the individual is responsible for the satisfactory completion of the services new text end 122.31 new text begin that the individual has contracted to perform for the person and is liable for a failure new text end 122.32 new text begin to complete the services; new text end 122.33     new text begin (6) the individual receives compensation from the person for the services performed new text end 122.34 new text begin under the contract on a commission or per-job or competitive bid basis and not on any new text end 122.35 new text begin other basis; new text end 123.1     new text begin (7) the individual may realize a profit or suffers a loss under the contract to perform new text end 123.2 new text begin services for the person; new text end 123.3     new text begin (8) the individual has continuing or recurring business liabilities or obligations; and new text end 123.4     new text begin (9) the success or failure of the individual's business depends on the relationship of new text end 123.5 new text begin business receipts to expenditures. new text end 123.6     new text begin Subd. 7. new text end new text begin Prohibited activities. new text end new text begin (a) An individual shall not: new text end 123.7     new text begin (1) perform work as an independent contractor without first obtaining from the new text end 123.8 new text begin department an independent contractor exemption certificate; new text end 123.9     new text begin (2) perform work as an independent contractor when the department has denied or new text end 123.10 new text begin revoked the individual's independent contractor exemption certificate; new text end 123.11     new text begin (3) transfer to another individual or allow another individual to use the individual's new text end 123.12 new text begin independent contractor exemption certificate; new text end 123.13     new text begin (4) alter or falsify an independent contractor exemption certificate; new text end 123.14     new text begin (5) misrepresent the individual's status as an independent contractor; or new text end 123.15     new text begin (6) make a false material statement, representation, or certification; omit material new text end 123.16 new text begin information; or alter, conceal, or fail to file a document required by this section or any rule new text end 123.17 new text begin promulgated by the commissioner under rulemaking authority set out in this section. new text end 123.18     new text begin (b) A person for whom an individual is performing services shall not: new text end 123.19     new text begin (1) require an individual through coercion, misrepresentation, or fraudulent means to new text end 123.20 new text begin adopt independent contractor status; new text end 123.21     new text begin (2) knowingly misrepresent that an individual who has not been issued an new text end 123.22 new text begin independent contractor exemption certificate or is not performing services for the person new text end 123.23 new text begin under an independent contractor exemption certificate is an independent contractor; or new text end 123.24     new text begin (3) make a false material statement, representation, or certification; omit material new text end 123.25 new text begin information; or alter, conceal, or fail to file a document required by this section or any rule new text end 123.26 new text begin promulgated by the commissioner under rulemaking authority set out in this section. new text end 123.27     new text begin (c) A person for whom an individual is performing services must obtain a copy of the new text end 123.28 new text begin individual's independent contractor exemption certificate before services may commence. new text end 123.29 new text begin A copy of the independent contractor exemption certificate must be retained for five years new text end 123.30 new text begin from the date of receipt by the person for whom an individual is performing services. new text end 123.31     new text begin Subd. 8. new text end new text begin Remedies. new text end new text begin (a) An individual or person who violates any provision of new text end 123.32 new text begin subdivision 7 is subject to a penalty to be assessed by the department of up to $1,000 for new text end 123.33 new text begin each violation. The department shall deposit penalties in the assigned risk safety account. new text end 123.34     new text begin (b) An individual who has been injured by a violation of subdivision 7, paragraph new text end 123.35 new text begin (b), may bring a civil action for damages against the violator. If the individual is new text end 123.36 new text begin determined to be an employee or an independent contractor considered an employee of new text end 124.1 new text begin the violator of subdivision 7, paragraph (b), the employee's representative as defined in new text end 124.2 new text begin section 179.01, subdivision 5, may bring a civil action for damages against the violator new text end 124.3 new text begin on behalf of the employee. In addition to damages the court may award attorney fees, new text end 124.4 new text begin costs, and disbursements to a recovery under this provision. new text end 124.5     new text begin (c) Any court finding that a violation of subdivision 7 has occurred shall new text end 124.6 new text begin transmit a copy of its findings of fact and conclusion of law to the commissioner. The new text end 124.7 new text begin commissioner shall report the findings to the relevant state and federal agencies, including new text end 124.8 new text begin the commissioner of commerce, the commissioner of employment and economic new text end 124.9 new text begin development, the commissioner of revenue, the federal Internal Revenue Service, and the new text end 124.10 new text begin United States Department of Labor. new text end 124.11     new text begin Subd. 9. new text end new text begin Commissioner's powers. new text end new text begin (a) In order to carry out the purposes of this new text end 124.12 new text begin section, the commissioner may: new text end 124.13     new text begin (1) administer oaths and affirmations, certify official acts, interview, question, take new text end 124.14 new text begin oral or written statements, and take depositions; new text end 124.15     new text begin (2) request, examine, take possession of, photograph, record, and copy any new text end 124.16 new text begin documents, equipment, or materials; new text end 124.17     new text begin (3) at a time and place indicated by the commissioner, request persons to appear new text end 124.18 new text begin before the commissioner to give testimony and produce documents, equipment, or new text end 124.19 new text begin materials; new text end 124.20     new text begin (4) issue subpoenas to compel persons to appear before the commissioner to give new text end 124.21 new text begin testimony and produce documents, equipment, or materials; and new text end 124.22     new text begin (5) with or without notice, enter without delay upon any property, public or private, new text end 124.23 new text begin for the purpose of taking any action authorized under this subdivision or the applicable new text end 124.24 new text begin law, including obtaining information or conducting inspections or investigations. new text end 124.25     new text begin (b) Persons requested by the commissioner to give testimony or produce documents, new text end 124.26 new text begin equipment, or materials shall respond within the time and in the manner specified by the new text end 124.27 new text begin commissioner. If no time to respond is specified in the request, then a response shall be new text end 124.28 new text begin submitted within 30 days of the commissioner's service of the request. new text end 124.29     new text begin (c) Upon the refusal or anticipated refusal of a property owner, lessee, property new text end 124.30 new text begin owner's representative, or lessee's representative to permit the commissioner's entry onto new text end 124.31 new text begin property as provided in paragraph (a), the commissioner may apply for an administrative new text end 124.32 new text begin inspection order in the Ramsey County District Court or, at the commissioner's discretion, new text end 124.33 new text begin in the district court in the county in which the property is located. The commissioner may new text end 124.34 new text begin anticipate that a property owner or lessee will refuse entry if the property owner, lessee, new text end 124.35 new text begin property owner's representative, or lessee's representative has refused to permit entry on a new text end 124.36 new text begin prior occasion or has informed the commissioner that entry will be refused. Upon showing new text end 125.1 new text begin of administrative probable cause by the commissioner, the district court shall issue an new text end 125.2 new text begin administrative inspection order that compels the property owner or lessee to permit the new text end 125.3 new text begin commissioner to enter the property for the purposes specified in paragraph (a). new text end 125.4     new text begin (d) Upon the application of the commissioner, a district court shall treat the failure of new text end 125.5 new text begin any person to obey a subpoena lawfully issued by the commissioner under this subdivision new text end 125.6 new text begin as a contempt of court. new text end 125.7     new text begin Subd. 10. new text end new text begin Notice requirements. new text end new text begin Unless otherwise specified, service of a document new text end 125.8 new text begin on a person under this section or section 326B.083 may be by mail, by personal service, new text end 125.9 new text begin or in accordance with any consent to service filed with the commissioner. Service by new text end 125.10 new text begin mail shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550, new text end 125.11 new text begin subpart 2. Personal service shall be accomplished in the manner provided in Minnesota new text end 125.12 new text begin Rules, part 1400.5550, subpart 3. new text end 125.13     new text begin Subd. 11. new text end new text begin Facsimile; timely service. new text end new text begin When this section or section 326B.083 new text end 125.14 new text begin permits a request for reconsideration or request for hearing to be served by facsimile on new text end 125.15 new text begin the commissioner, the facsimile shall not exceed 15 pages in length. The request shall be new text end 125.16 new text begin considered timely served if the facsimile is received by the commissioner, at the facsimile new text end 125.17 new text begin number identified by the commissioner in the order or notice of violation, no later than new text end 125.18 new text begin 4:30 p.m. central time on the last day permitted for faxing the request. Where the quality new text end 125.19 new text begin or authenticity of the faxed request is at issue, the commissioner may require the original new text end 125.20 new text begin request to be filed. Where the commissioner has not identified quality or authenticity new text end 125.21 new text begin of the faxed request as an issue and the request has been faxed in accordance with this new text end 125.22 new text begin subdivision, the person faxing the request does not need to file the original request with new text end 125.23 new text begin the commissioner. new text end 125.24     new text begin Subd. 12. new text end new text begin Time period computation. new text end new text begin In computing any period of time prescribed new text end 125.25 new text begin or allowed by this section, the day of the act, event, or default from which the designated new text end 125.26 new text begin period of time begins to run shall not be included. The last day of the period so computed new text end 125.27 new text begin shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the new text end 125.28 new text begin period runs until the next day which is not a Saturday, Sunday, or legal holiday. new text end 125.29     new text begin Subd. 13. new text end new text begin Rulemaking. new text end new text begin The commissioner may, in consultation with the new text end 125.30 new text begin commissioner of revenue and the commissioner of employment and economic new text end 125.31 new text begin development, adopt, amend, suspend, and repeal rules under the rulemaking provisions new text end 125.32 new text begin of chapter 14 that relate to the commissioner's responsibilities under this section. This new text end 125.33 new text begin subdivision is effective the day following final enactment. new text end 125.34     new text begin Subd. 14. new text end new text begin Fee. new text end new text begin The certificate fee for the original application and for the renewal new text end 125.35 new text begin of an independent contractor exemption certificate shall be $150. If an individual new text end 125.36 new text begin simultaneously submits an application for both an independent contractor exemption new text end 126.1 new text begin certificate under this section and a license under section 326.98, the application fee for new text end 126.2 new text begin the independent contractor exemption certificate shall be reduced to $100. Fees collected new text end 126.3 new text begin under this subdivision are deposited in the general fund. new text end 126.4     new text begin Subd. 15. new text end new text begin Notice to commissioner; review by commissioner of revenue. new text end new text begin When new text end 126.5 new text begin the commissioner has reason to believe that an individual who holds a certificate has failed new text end 126.6 new text begin to maintain all the conditions required by subdivision 3 or is not performing services for a new text end 126.7 new text begin person under the independent contractor exemption certificate, the commissioner must new text end 126.8 new text begin notify the commissioner of revenue and the commissioner of employment and economic new text end 126.9 new text begin development. Upon receipt of notification from the commissioner that an individual who new text end 126.10 new text begin holds a certificate has failed to maintain all the conditions required by subdivision 3 new text end 126.11 new text begin or is not performing services for a person under the independent contractor exemption new text end 126.12 new text begin certificate, the commissioner of revenue must review the information returns required new text end 126.13 new text begin under section 6041A of the Internal Revenue Code. The commissioner of revenue shall new text end 126.14 new text begin also review the submitted certification that is applicable to returns audited or investigated new text end 126.15 new text begin under section 289A.35. new text end 126.16     new text begin Subd. 16. new text end new text begin Data classified. new text end new text begin Certifications issued by the commissioner are public new text end 126.17 new text begin data. Applications and required documentation submitted by an individual is private new text end 126.18 new text begin data on an individual. Upon request of the Department of Revenue or the Department new text end 126.19 new text begin of Employment and Economic Development, the commissioner may release to the new text end 126.20 new text begin Department of Revenue and the Department of Employment and Economic Development new text end 126.21 new text begin applications and required documentation submitted by individuals and investigative data new text end 126.22 new text begin that relates to the department's issuance or denial of applications and the department's new text end 126.23 new text begin revocations of certificates. Except as otherwise provided by this subdivision, the new text end 126.24 new text begin department's investigative data shall be classified as provided in chapter 13. new text end 126.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 126.26    Sec. 17. Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to read: 126.27    Subdivision 1. Prohibited action. An employer shall not discharge, discipline, 126.28threaten, otherwise discriminate against, or penalize an employee regarding the employee's 126.29compensation, terms, conditions, location, or privileges of employment because: 126.30    (a) the employee, or a person acting on behalf of an employee, in good faith, reports 126.31a violation or suspected violation of any federal or state law or rule adopted pursuant 126.32to law to an employer or to any governmental body or law enforcement official new text begin and new text end 126.33 new text begin the alleged violation involves a matter of public concern, including, but not limited to, new text end 126.34 new text begin violations that create a specific danger to the public health, safety, or environment new text end ; 127.1    (b) the employee is requested by a public body or office to participate in an 127.2investigation, hearing, inquiry; 127.3    (c) the employee refuses an employer's order to perform an action that the employee 127.4has an objective basis in fact to believe violates any state or federal law or rule or 127.5regulation adopted pursuant to law new text begin which violation the employee reasonably believes new text end 127.6 new text begin is a matter of public concern, including, but not limited to, violations that create a new text end 127.7 new text begin specific danger to the public health, safety, or environment new text end , and the employee informs the 127.8employer that the order is being refused for that reason; or 127.9    (d) the employee, in good faith, reports a situation in which the quality of health care 127.10services provided by a health care facility, organization, or health care provider violates a 127.11standard established by federal or state law or a professionally recognized national clinical 127.12or ethical standard and potentially places the public at risk of harm. new text begin ; new text end 127.13     new text begin (e) a public employee refuses to alter, dilute, or suppress the objective representation new text end 127.14 new text begin or communication of scientific or technical data or findings, including but not limited to, new text end 127.15 new text begin findings of economic or environmental impact, or findings indicating consequences for new text end 127.16 new text begin the public's health or safety; or new text end 127.17     new text begin (f) a public employee communicates the findings of a scientific or technical study new text end 127.18 new text begin that the employee, in good faith, believes to be truthful and accurate, including reports to a new text end 127.19 new text begin governmental body or law enforcement official. new text end 127.20 new text begin The disclosures protected pursuant to this section do not authorize the disclosure of trade new text end 127.21 new text begin secret information otherwise protected by law. new text end 127.22    Sec. 18. new text begin [181.9325] USE OF AUTHORITY TO INFLUENCE OR INTERFERE new text end 127.23 new text begin WITH DISCLOSURE OF INFORMATION. new text end 127.24     new text begin (a) A public employer may not directly or indirectly use or attempt to use the new text end 127.25 new text begin employer's official authority or influence for the purpose of intimidating, threatening, new text end 127.26 new text begin coercing, or attempting to intimidate, threaten, or coerce any person for the purpose of new text end 127.27 new text begin interfering with the rights described in section 181.932, or for the purpose of persuading new text end 127.28 new text begin the person to waive or disclaim any other legal rights related to the person's employment. new text end 127.29     new text begin (b) For purposes of this section, "use of official authority or influence" includes: new text end 127.30 new text begin promising to confer, or conferring, any benefit; effecting, or threatening to effect, any new text end 127.31 new text begin reprisal; or taking, or directing others to take, or recommending, processing, or approving, new text end 127.32 new text begin any personnel action, including but not limited to appointment, promotion, transfer, new text end 127.33 new text begin assignment, performance evaluation, suspension, or other disciplinary action. new text end 128.1    Sec. 19. Minnesota Statutes 2006, section 181.935, is amended to read: 128.2181.935 INDIVIDUAL REMEDIES; PENALTY. 128.3    (a) In addition to any remedies otherwise provided by law, an employee injured 128.4by a violation of section 181.932 new text begin or 181.9325 new text end may bring a civil action to recover any 128.5and all damages recoverable at law, together with costs and disbursements, including 128.6reasonable attorney's fees, and may receive such injunctive and other equitable relief as 128.7determined by the court. 128.8    (b) An employer who failed to notify, as required under section 181.933 or 181.934, 128.9an employee injured by a violation of section 181.932 is subject to a civil penalty of $25 128.10per day per injured employee not to exceed $750 per injured employee. 128.11    Sec. 20. new text begin [181.936] REPRISALS FOR DISCLOSURE OF IMPROPER new text end 128.12 new text begin GOVERNMENTAL ACTIVITIES; COMPLAINT PROCEDURE; PENALTIES. new text end 128.13     new text begin (a) A public employee or applicant for public employment who files a written new text end 128.14 new text begin complaint with the employee's or applicant's supervisor, manager, or the appointing new text end 128.15 new text begin power alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or new text end 128.16 new text begin similar improper acts prohibited by section 181.9325, may also file a copy of the written new text end 128.17 new text begin complaint with the commissioner of labor and industry, together with a sworn statement new text end 128.18 new text begin that the contents of the written complaint are true, or are believed by the affiant to be true, new text end 128.19 new text begin under penalty of perjury. The complaint filed with the commissioner shall be filed within new text end 128.20 new text begin 12 months of the most recent act of reprisal complained about. new text end 128.21     new text begin (b) Any person who intentionally engages in acts of reprisal, retaliation, threats, new text end 128.22 new text begin coercion, or similar acts against a public employee or applicant for public employment new text end 128.23 new text begin for having made a protected disclosure under section 181.932, is subject to a fine not to new text end 128.24 new text begin exceed $10,000 and imprisonment in the county jail for a period not to exceed one year. new text end 128.25     new text begin (c) In addition to all other penalties provided by law, any person who intentionally new text end 128.26 new text begin engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public new text end 128.27 new text begin employee or applicant for public employment for having made a protected disclosure shall new text end 128.28 new text begin be liable in an action for damages brought against the person by the injured party. Punitive new text end 128.29 new text begin damages may be awarded by the court where the acts of the offending party are proven to new text end 128.30 new text begin be malicious. Where liability has been established, the injured party shall also be entitled new text end 128.31 new text begin to reasonable attorney fees as provided by law. However, any action for damages shall not new text end 128.32 new text begin be available to the injured party unless the injured party has first filed a complaint with the new text end 128.33 new text begin commissioner of labor and industry under paragraph (a), and the department has issued, or new text end 128.34 new text begin failed to issue, findings under section 177.275. new text end 129.1     new text begin (d) This section is not intended to prevent an appointing power, manager, or new text end 129.2 new text begin supervisor from taking, directing others to take, recommending, or approving any new text end 129.3 new text begin personnel action or from taking or failing to take a personnel action with respect to any new text end 129.4 new text begin public employee or applicant for public employment if the appointing power, manager, or new text end 129.5 new text begin supervisor reasonably believes any action or inaction is justified on the basis of evidence new text end 129.6 new text begin separate and apart from the fact that the person has made a protected disclosure under new text end 129.7 new text begin section 181.932. new text end 129.8     new text begin (e) In any civil action or administrative proceeding, once it has been demonstrated new text end 129.9 new text begin by a preponderance of evidence that an activity protected by sections 177.27, 177.275, new text end 129.10 new text begin 181.932, and 181.9325 was a contributing factor in the alleged retaliation against a former, new text end 129.11 new text begin current, or prospective employee, the burden of proof shall be on the supervisor, manager, new text end 129.12 new text begin or appointing power to demonstrate by clear and convincing evidence that the alleged new text end 129.13 new text begin action would have occurred for legitimate, independent reasons even if the employee had new text end 129.14 new text begin not engaged in protected disclosures or refused an illegal order. If the supervisor, manager, new text end 129.15 new text begin or appointing power fails to meet this burden of proof in an adverse action against the new text end 129.16 new text begin employee in any administrative review, challenge, or adjudication in which retaliation new text end 129.17 new text begin has been demonstrated to be a contributing factor, the employee shall have a complete new text end 129.18 new text begin affirmative defense in the adverse action. new text end 129.19     new text begin (f) Nothing in sections 177.27, 177.275, 181.932, and 181.9325 shall be deemed to new text end 129.20 new text begin diminish the rights, privileges, or remedies of any employee under any other federal or new text end 129.21 new text begin state law or under any employment contract or collective bargaining agreement. new text end 129.22    Sec. 21. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read: 129.23    Subd. 6. Scope; limitations. (a) This section applies to a sales representative who, 129.24during some part of the period of the sales representative agreement: 129.25    (1) is a resident of Minnesota or maintains that person's principal place of business 129.26in Minnesota; or 129.27    (2) whose geographical territory specified in the sales representative agreement 129.28includes part or all of Minnesota. 129.29    (b) To be effective, any demand for arbitration under subdivision 5 must be made 129.30in writing and delivered to the principal on or before one year after the effective date of 129.31the termination of the agreement. 129.32     new text begin (c) A provision in any contract between a sales representative dealing in plumbing new text end 129.33 new text begin equipment or supplies and a principal purporting to waive any provision of this act, new text end 129.34 new text begin whether by express waiver or by a provision stipulating that the contract is subject to the new text end 129.35 new text begin laws of another state, shall be void. new text end 130.1    Sec. 22. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read: 130.2    Subdivision 1. Rules. The state commissioner of health new text begin Plumbing Board new text end may, by 130.3rule, prescribe minimum standards which shall be uniform, and which standards shall 130.4thereafter be effective for all new plumbing installations, including additions, extensions, 130.5alterations, and replacements connected with any water or sewage disposal system owned 130.6or operated by or for any municipality, institution, factory, office building, hotel, apartment 130.7building, or any other place of business regardless of location or the population of the 130.8city or town in which located. Notwithstanding the provisions of Minnesota Rules, part 130.94715.3130, as they apply to review of plans and specifications, the commissioner may 130.10allow plumbing construction, alteration, or extension to proceed without approval of the 130.11plans or specifications by the commissioner. 130.12     new text begin Except for powers granted to the Plumbing Board, new text end the commissioner new text begin of labor and new text end 130.13 new text begin industry new text end shall administer the provisions of sections 326.37 to 326.45 and for such purposes 130.14may employ plumbing inspectors and other assistants. 130.15    Sec. 23. new text begin [326.372] PLUMBING BOARD. new text end 130.16     new text begin Subdivision 1. new text end new text begin Composition. new text end new text begin (a) The Plumbing Board shall consist of 12 voting new text end 130.17 new text begin members who must be residents of the state, appointed by the governor, and confirmed new text end 130.18 new text begin by the senate. The commissioner of labor and industry or the commissioner's designee new text end 130.19 new text begin shall be a voting member. The first appointed board members shall serve an initial term new text end 130.20 new text begin of four years, except where designated otherwise. The governor shall then reappoint the new text end 130.21 new text begin current members or appoint replacement members, all or in part, to subsequent three-year new text end 130.22 new text begin terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies new text end 130.23 new text begin occurring with less than six months time remaining in the term shall be filled for the new text end 130.24 new text begin existing term and the following three-year term. Of the 11 appointed members, the new text end 130.25 new text begin composition shall be as follows: new text end 130.26     new text begin (1) two members shall be municipal plumbing inspectors, one from the seven-county new text end 130.27 new text begin metro area and one from greater Minnesota; new text end 130.28     new text begin (2) one member shall be a licensed mechanical engineer; new text end 130.29     new text begin (3) two members serving an initial term of three years shall be plumbing contractors new text end 130.30 new text begin or the representative of the contractor, engaged in a commercial scope of plumbing new text end 130.31 new text begin contracting, one from the metropolitan area and one from greater Minnesota; new text end 130.32     new text begin (4) two members serving an initial term of three years shall be plumbing contractors new text end 130.33 new text begin or their representatives, engaged in the residential scope of plumbing contracting, one new text end 130.34 new text begin from the metro area and one from greater Minnesota; new text end 131.1     new text begin (5) two members serving an initial term of two years shall be plumbing new text end 131.2 new text begin journeypersons engaged in a commercial scope of plumbing systems installation, one new text end 131.3 new text begin from the metro area and one from greater Minnesota; and new text end 131.4     new text begin (6) two members serving an initial term of two years shall be plumbing new text end 131.5 new text begin journeypersons engaged in a residential scope of plumbing systems installation, one from new text end 131.6 new text begin the metro area and one from greater Minnesota. new text end 131.7     new text begin (b) Except for the licensed mechanical engineer, all persons appointed to the new text end 131.8 new text begin council must possess a current Minnesota plumbing license and maintain the license for new text end 131.9 new text begin the duration of their term. new text end 131.10     new text begin Subd. 2. new text end new text begin Powers. new text end new text begin (a) The board shall have the power to: new text end 131.11     new text begin (1) elect its chair; new text end 131.12     new text begin (2) specify the plumbing code that must be followed in this state; new text end 131.13     new text begin (3) maintain a review process to make determinations regarding any complaints, new text end 131.14 new text begin code amendments, code compliance, and code clarifications filed with the board; new text end 131.15     new text begin (4) adopt rules necessary for the regulation and licensing of contractors, new text end 131.16 new text begin journeypersons, apprentices, and other persons engaged in the design, installation, and new text end 131.17 new text begin alteration of plumbing systems that would include the issuing, renewing, revoking, new text end 131.18 new text begin refusing to renew, and suspending a plumbing license, except for persons licensed under new text end 131.19 new text begin sections 326.02 to 326.15; new text end 131.20     new text begin (5) adopt rules necessary for continuing education for individuals regulated and new text end 131.21 new text begin licensed under this section; new text end 131.22     new text begin (6) make recommendations to the commissioner regarding educational requirements new text end 131.23 new text begin for plumbing inspectors; and new text end 131.24     new text begin (7) pay expenses deemed necessary in the performance of board duties, including: new text end 131.25     new text begin (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18, new text end 131.26 new text begin subdivision 2; and new text end 131.27     new text begin (ii) per diem and expenses for its members as provided in section 15.0575, new text end 131.28 new text begin subdivision 3. new text end 131.29     new text begin (b) Requests under the review process in paragraph (a), clause (3), may originate new text end 131.30 new text begin with the municipal inspectors, the plumbing contractors or their employees, and other new text end 131.31 new text begin persons engaged in the design, installation, and alteration of plumbing systems. The board new text end 131.32 new text begin shall make its findings known to all parties and the commissioner of labor and industry new text end 131.33 new text begin within the time period specified by the board. new text end 131.34     new text begin Subd. 3. new text end new text begin Fees and finances. new text end new text begin The board shall submit an annual budget to the new text end 131.35 new text begin commissioner of labor and industry. The commissioner shall collect fees under section new text end 131.36 new text begin 326.42 necessary for the operation and continuance of the board. The commissioner is new text end 132.1 new text begin responsible for the enforcement of the codes and licensing requirements determined by new text end 132.2 new text begin the board. The board shall set the fees for licenses and certification under this section. new text end 132.3 new text begin The commissioner of finance shall make a quarterly certification of the amount necessary new text end 132.4 new text begin to pay expenses required for operation of the board under subdivision 2, paragraph (a), new text end 132.5 new text begin clause (6). The certified amount is appropriated to the board for those purposes from new text end 132.6 new text begin the fees collected under section 326.42. new text end 132.7    Sec. 24. Minnesota Statutes 2006, section 326.38, is amended to read: 132.8326.38 LOCAL REGULATIONS. 132.9    Any city having a system of waterworks or sewerage, or any town in which reside 132.10over 5,000 people exclusive of any statutory cities located therein, or the metropolitan 132.11airports commission, may, by ordinance, adopt local regulations providing for plumbing 132.12permits, bonds, approval of plans, and inspections of plumbing, which regulations are 132.13not in conflict with the plumbing standards on the same subject prescribed by the state 132.14commissioner of health new text begin Plumbing Board new text end . No city or such town shall prohibit plumbers 132.15licensed by the state commissioner of health new text begin labor and industry new text end from engaging in or 132.16working at the business, except cities and statutory cities which, prior to April 21, 1933, 132.17by ordinance required the licensing of plumbers. new text begin No city or town may require a license new text end 132.18 new text begin for persons performing building sewer or water service installation who have completed new text end 132.19 new text begin pipe laying training as prescribed by the commissioner of labor and industry. new text end Any city 132.20by ordinance may prescribe regulations, reasonable standards, and inspections and grant 132.21permits to any person, firm, or corporation engaged in the business of installing water 132.22softeners, who is not licensed as a master plumber or journeyman plumber by the state 132.23commissioner of health new text begin labor and industry new text end , to connect water softening and water filtering 132.24equipment to private residence water distribution systems, where provision has been 132.25previously made therefor and openings left for that purpose or by use of cold water 132.26connections to a domestic water heater; where it is not necessary to rearrange, make any 132.27extension or alteration of, or addition to any pipe, fixture or plumbing connected with 132.28the water system except to connect the water softener, and provided the connections so 132.29made comply with minimum standards prescribed by the state commissioner of health new text begin new text end 132.30 new text begin Plumbing Board new text end . 132.31    Sec. 25. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read: 132.32    Subdivision 1. License required; master and journeyman plumbers. In any city 132.33now or hereafter having 5,000 or more population, according to the last federal census, 132.34and having a system of waterworks or sewerage, new text begin (a) new text end No person, firm, or corporation shall 133.1engage in or work at the business of a master plumber or new text begin , restricted master plumber, new text end 133.2journeyman plumber new text begin , and restricted journeyman plumber new text end unless licensed to do so by the 133.3state commissioner of health new text begin labor and industry new text end . new text begin A license is not required for persons new text end 133.4 new text begin performing building sewer or water service installation who have completed pipe laying new text end 133.5 new text begin training as prescribed by the commissioner of labor and industry. new text end A master plumber may 133.6also work as a journeyman plumber new text begin , a restricted journeyman plumber, and a restricted new text end 133.7 new text begin master plumber. A journeyman plumber may also work as a restricted journeyman new text end 133.8 new text begin plumber new text end . Anyone not so licensed may do plumbing work which complies with the 133.9provisions of the minimum standard prescribed by the state commissioner of health 133.10 new text begin Plumbing Board new text end on premises or that part of premises owned and actually occupied by the 133.11worker as a residence, unless otherwise forbidden to do so by a local ordinance. 133.12    In any such city new text begin (b) new text end No person, firm, or corporation shall engage in the business of 133.13installing plumbing nor install plumbing in connection with the dealing in and selling 133.14of plumbing material and supplies unless at all times a licensed master plumber, new text begin or in new text end 133.15 new text begin cities and towns with a population of fewer than 5,000 according to the federal census a new text end 133.16 new text begin restricted master plumber, new text end who shall be responsible for proper installation, is in charge 133.17of the plumbing work of the person, firm, or corporation. 133.18    The Department of Health new text begin Plumbing Board new text end shall prescribe rules, not inconsistent 133.19herewith, for the examination and licensing of plumbers. 133.20    Sec. 26. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read: 133.21    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years 133.22of practical plumbing experience is eligible to take the journeyman plumbing examination. 133.23Up to 24 months of practical plumbing experience prior to registration as an apprentice 133.24may be applied to the four-year experience requirement. However, none of this practical 133.25plumbing experience may be applied if the person did not have any practical plumbing 133.26experience in the 12-month period immediately prior to registration. The commissioner new text begin new text end 133.27 new text begin Plumbing Board new text end may adopt rules to evaluate whether the person's past practical plumbing 133.28experience is applicable in preparing for the journeyman's examination. If two years 133.29after completing the training the person has not taken the examination, the four years 133.30of experience shall be forfeited. 133.31    The commissioner may allow an extension of the two-year period for taking the 133.32exam for cases of hardship or other appropriate circumstances. 133.33    Sec. 27. new text begin [326.402] RESTRICTED PLUMBER LICENSE. new text end 134.1     new text begin Subdivision 1. new text end new text begin Licensure. new text end new text begin The commissioner of labor and industry shall grant a new text end 134.2 new text begin restricted journeyman or master plumber license to an individual if: new text end 134.3     new text begin (1) the individual completes an application with information required by the new text end 134.4 new text begin commissioner of labor and industry; new text end 134.5     new text begin (2) the completed application is accompanied by a fee of $90; new text end 134.6     new text begin (3) the commissioner of labor and industry receives the completed application and new text end 134.7 new text begin fee before January 1, 2008; new text end 134.8     new text begin (4) the completed application demonstrates that the applicant has had at least two new text end 134.9 new text begin years for a restricted journeyman plumber license or four years for a restricted master new text end 134.10 new text begin plumber license of practical plumbing experience in the plumbing trade prior to the new text end 134.11 new text begin application; and new text end 134.12     new text begin (5) during the entire time for which the applicant is claiming experience in new text end 134.13 new text begin contracting for plumbing work under clause (4), the applicant was in compliance with all new text end 134.14 new text begin applicable requirements of section 326.40. new text end 134.15     new text begin Subd. 2. new text end new text begin Use of license. new text end new text begin A restricted master plumber and restricted journeyman new text end 134.16 new text begin plumber may engage in the plumbing trade in all areas of the state except in cities and new text end 134.17 new text begin towns with a population of more than 5,000 according to the federal census. new text end 134.18     new text begin Subd. 3. new text end new text begin Application period. new text end new text begin Applications for restricted master plumber and new text end 134.19 new text begin restricted journeyman plumber licenses must be submitted to the commissioner prior new text end 134.20 new text begin to January 1, 2008. new text end 134.21     new text begin Subd. 4. new text end new text begin Renewal; use period for license. new text end new text begin A restricted master plumber and new text end 134.22 new text begin restricted journeyman plumber license must be renewed annually for as long as that new text end 134.23 new text begin licensee engages in the plumbing trade. Failure to renew a restricted master plumber and new text end 134.24 new text begin restricted journeyman plumber license within 12 months after the expiration date will new text end 134.25 new text begin result in permanent forfeiture of the restricted master plumber and restricted journeyman new text end 134.26 new text begin plumber license. new text end 134.27     new text begin Subd. 5. new text end new text begin Prohibition of transference. new text end new text begin A restricted master plumber and restricted new text end 134.28 new text begin journeyman plumber license may not be transferred or sold to any other person. new text end 134.29     new text begin Subd. 6. new text end new text begin Bond; insurance. new text end new text begin A restricted master plumber licensee is subject to the new text end 134.30 new text begin bond and insurance requirements of section 326.40, subdivision 2, unless the exemption new text end 134.31 new text begin provided by section 326.40, subdivision 3, applies. new text end 134.32     new text begin Subd. 7. new text end new text begin Fee. new text end new text begin The annual fee for the restricted master plumber and restricted new text end 134.33 new text begin journeyman plumber licenses is the same fee as for a master or journeyman plumber new text end 134.34 new text begin license, respectively. new text end 135.1    Sec. 28. Minnesota Statutes 2006, section 326.405, is amended to read: 135.2326.405 RECIPROCITY WITH OTHER STATES. 135.3    The commissioner of health may license without examination, upon payment of the 135.4required fee, nonresident applicants who are licensed under the laws of a state having 135.5standards for licensing plumbers which the commissioner determines are substantially 135.6equivalent to the standards of this state if the other state grants similar privileges to 135.7Minnesota residents duly licensed in this state. new text begin The commissioner may issue a temporary new text end 135.8 new text begin license without examination, upon payment of the required fee, nonresident applicants new text end 135.9 new text begin who are licensed under the laws of a state having standards for licensing which the new text end 135.10 new text begin commissioner determines are substantially equivalent to the standards of this state if new text end 135.11 new text begin the other state grants similar privileges to Minnesota residents duly licensed in this new text end 135.12 new text begin state. Applicants who receive a temporary license under this section may acquire an new text end 135.13 new text begin aggregate of 24 months of experience before they have to apply and pass the licensing new text end 135.14 new text begin examination. Applicants must register with the commissioner of labor and industry and new text end 135.15 new text begin the commissioner shall set a fee for a temporary license. Applicants have five years in new text end 135.16 new text begin which to comply with this section. new text end 135.17    Sec. 29. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read: 135.18    Subdivision 1. Application. Applications for plumber's license shall be made to the 135.19state commissioner of health new text begin labor and industry new text end , with fee. Unless the applicant is entitled 135.20to a renewal, the applicant shall be licensed by the state commissioner of health new text begin labor and new text end 135.21 new text begin industry new text end only after passing a satisfactory examination new text begin administered new text end by the examiners new text begin new text end 135.22 new text begin commissioner of labor and industry, based upon rules adopted by the Plumbing Board new text end 135.23showing fitness. Examination fees for both journeyman and master plumbers shall be in 135.24an amount prescribed by the state commissioner of health new text begin labor and industry new text end pursuant to 135.25section 144.122. Upon being notified that of having successfully passed the examination 135.26for original license the applicant shall submit an application, with the license fee herein 135.27provided. License fees shall be in an amount prescribed by the state commissioner of 135.28health new text begin labor and industry new text end pursuant to section 144.122. Licenses shall expire and be 135.29renewed as prescribed by the commissioner pursuant to section 144.122. 135.30    Sec. 30. Minnesota Statutes 2006, section 341.28, subdivision 2, is amended to read: 135.31    Subd. 2. Regulatory authority; tough person contests. All tough person contests, 135.32including amateur tough person contests, are subject to this chapter. new text begin All tough person new text end 135.33 new text begin contests are subject to American Boxing Commission (ABC) rules. Every contestant new text end 135.34 new text begin in a tough person contest shall have a physical examination prior to their bouts. new text end Every 136.1contestant in a tough person contest shall wear padded gloves that weigh at least 12 136.2ounces. new text begin All tough person bouts are limited to two-minute rounds and a maximum of four new text end 136.3 new text begin total rounds. Officials at tough person bouts shall be licensed under this chapter. new text end 136.4    Sec. 31. Minnesota Statutes 2006, section 341.28, is amended by adding a subdivision 136.5to read: 136.6     new text begin Subd. 3. new text end new text begin Regulatory authority; similar sporting events. new text end new text begin All mixed martial arts, new text end 136.7 new text begin ultimate fight contests, and similar sporting events are subject to this chapter. new text end 136.8    Sec. 32. Minnesota Statutes 2006, section 341.32, subdivision 2, is amended to read: 136.9    Subd. 2. Expiration and renewal. A license expires December 31 at midnight in 136.10the year of its issuance new text begin issued after the effective date of this act is valid for one year from new text end 136.11 new text begin the date it is issued new text end and may be renewed by filing an application for renewal with the 136.12commission and payment of the license fee. An application for a license and renewal of a 136.13license must be on a form provided by the commission. There is a 30-day grace period 136.14during which a license may be renewed if a late filing penalty fee equal to the license fee 136.15is submitted with the regular license fee. A licensee that files late shall not conduct any 136.16activity regulated by this chapter until the commission has renewed the license. If the 136.17licensee fails to apply to the commission within the 30-day grace period, the licensee must 136.18apply for a new license under subdivision 1. 136.19    Sec. 33. Minnesota Statutes 2006, section 341.321, is amended to read: 136.20341.321 FEE SCHEDULE. 136.21     new text begin (a) new text end The fee schedule for licenses issued by the Minnesota Boxing Commission 136.22is as follows: 136.23    (1) referees, $35 new text begin $45 new text end for each initial license and each renewal; 136.24    (2) promoters, $400 for each initial license and each renewal; 136.25    (3) judges new text begin and knockdown judges new text end , $25 new text begin $45 new text end for each initial license and each renewal; 136.26    (4) trainers, $35 new text begin $45 new text end for each initial license and each renewal; 136.27    (5) ring announcers, $25 new text begin $45 new text end for each initial license and each renewal; 136.28    (6) boxers' seconds, $25 new text begin $45 new text end for each initial license and each renewal; 136.29    (7) timekeepers, $25 new text begin $45 new text end for each initial license and each renewal; and 136.30    (8) boxers, $35 new text begin $45 new text end for each initial license and each renewal. new text begin ; new text end 136.31     new text begin (9) managers, $45 for each initial license and each renewal; and new text end 136.32     new text begin (10) ringside physicians, $45 for each initial license and each renewal. new text end 137.1     new text begin (b) The commission shall establish and assess an event fee for each sporting event. new text end 137.2 new text begin The event fee is set at a minimum of $1,500 per event or a percentage of the ticket sales as new text end 137.3 new text begin determined by the commission when the sporting event is scheduled. new text end 137.4     new text begin (c) new text end All fees collected by the Minnesota Boxing Commission must be deposited in 137.5the Boxing Commission account in the special revenue fund. 137.6    Sec. 34. new text begin REPEALER. new text end 137.7 new text begin Minnesota Statutes 2006, section 326.45, new text end new text begin is repealed. new text end 137.8ARTICLE 9 137.9HIGH PRESSURE PIPING 137.10    Section 1. Minnesota Statutes 2006, section 326.46, is amended to read: 137.11326.46 SUPERVISION OF HIGH PRESSURE PIPING. 137.12    The Department of Labor and Industry shall supervise all high pressure piping 137.13used on all projects in this state, and may prescribe minimum standards which shall be 137.14uniform new text begin under rules adopted by the board new text end . 137.15    The department shall employ inspectors and other assistants to carry out the 137.16provisions of sections 326.46 to 326.52. 137.17    Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 137.18to read: 137.19     new text begin Subd. 1a. new text end new text begin Board. new text end new text begin "Board" means the Board of High Pressure Piping Systems. new text end 137.20    Sec. 3. Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read: 137.21    Subd. 2. Permissive municipal regulation. A municipality may, by ordinance, 137.22provide for the inspection of high pressure piping system materials and construction, and 137.23provide that it shall not be constructed or installed except in accordance with minimum 137.24state standards. The authority designated by the ordinance for issuing high pressure piping 137.25permits and assuring compliance with state standards must report to the Department of 137.26Labor and Industry all violations of state high pressure piping standards. 137.27    A municipality may not adopt an ordinance with high pressure piping standards that 137.28does not conform to the uniform standards prescribed by the Department of Labor and 137.29Industry new text begin board new text end . The Department of Labor and Industry new text begin board new text end shall specify by rule the 137.30minimum qualifications for municipal inspectors. 137.31    Sec. 4. Minnesota Statutes 2006, section 326.47, subdivision 6, is amended to read: 138.1    Subd. 6. Filing and inspection fees. The Department of Labor and Industry 138.2must charge a filing fee set by the commissioner new text begin board new text end under section 16A.1285 for all 138.3applications for permits to construct or install high pressure piping systems. The fee for 138.4inspection of high pressure piping system construction or installation shall be set by the 138.5commissioner new text begin board new text end under section 16A.1285. This subdivision does not apply where a 138.6permit is issued by a municipality complying with subdivision 2. 138.7    Sec. 5. new text begin [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS. new text end 138.8     new text begin Subdivision 1. new text end new text begin Composition. new text end new text begin (a) The Board of High Pressure Piping Systems shall new text end 138.9 new text begin consist of 12 members who must be residents of the state, appointed by the governor, and new text end 138.10 new text begin confirmed by the senate. The commissioner of the Department of Labor and Industry or new text end 138.11 new text begin the commissioner's designee shall be a voting member. The first appointed board members new text end 138.12 new text begin shall serve an initial term of four years, except where designated otherwise. The governor new text end 138.13 new text begin shall then reappoint the current members or appoint replacement members, all or in part, to new text end 138.14 new text begin subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion new text end 138.15 new text begin of the term. Vacancies occurring with less than six months time remaining in the term new text end 138.16 new text begin shall be filled for the existing term and the following three-year term. Of the 11 appointed new text end 138.17 new text begin members, the composition shall be as follows: new text end 138.18     new text begin (1) one member shall be a high pressure piping inspector; new text end 138.19     new text begin (2) one member shall be a licensed mechanical engineer; new text end 138.20     new text begin (3) one member shall be a representative of the piping industry; new text end 138.21     new text begin (4) four members shall be high pressure piping contractors or their representatives, new text end 138.22 new text begin engaged in the scope of high pressure piping, two from the metro area and two from new text end 138.23 new text begin greater Minnesota; new text end 138.24     new text begin (5) two members shall be high pressure piping journeypersons engaged in the scope new text end 138.25 new text begin of high pressure piping systems installation, one from the metro area and one from greater new text end 138.26 new text begin Minnesota; and new text end 138.27     new text begin (6) two members shall be representatives from utility companies in Minnesota new text end 138.28 new text begin who shall serve an initial term of two years. new text end 138.29     new text begin (b) Except for the licensed mechanical engineer and the members from utilities new text end 138.30 new text begin companies, all persons appointed to the board must possess a current license or new text end 138.31 new text begin competency credential required for contractors and persons engaged in the design, new text end 138.32 new text begin installation, alteration, and inspection of high pressure piping systems. new text end 138.33     new text begin Subd. 2. new text end new text begin Powers. new text end new text begin (a) The board shall have the power to: new text end 138.34     new text begin (1) elect its chair; new text end 138.35     new text begin (2) specify the high pressure piping code that must be followed in Minnesota; new text end 139.1     new text begin (3) maintain an appeals committee to make determinations regarding any complaints, new text end 139.2 new text begin code amendments, code compliance, and code clarifications filed with the board; new text end 139.3     new text begin (4) adopt rules necessary for the regulation and licensing of contractors, new text end 139.4 new text begin journeypersons, trainees, and persons engaged in the design, installation, alteration, and new text end 139.5 new text begin inspection of high pressure piping systems, except for persons licensed under sections new text end 139.6 new text begin 326.02 to 326.15; new text end 139.7     new text begin (5) adopt rules necessary for continuing education for individuals regulated and new text end 139.8 new text begin licensed under this section; and new text end 139.9     new text begin (6) pay expenses deemed necessary in the performance of board duties, including: new text end 139.10     new text begin (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18, new text end 139.11 new text begin subdivision 2; and new text end 139.12     new text begin (ii) per diem and expenses for its members as provided in section 15.0575, new text end 139.13 new text begin subdivision 3. new text end 139.14     new text begin (b) Complaints filed under this section may originate with high pressure piping new text end 139.15 new text begin inspectors, contractors, or their employees, or other persons engaged in the design, new text end 139.16 new text begin installation, and alteration of a high pressure piping system. The board shall make their new text end 139.17 new text begin findings known to all parties and the commissioner of the Department of Labor and new text end 139.18 new text begin Industry within the time period specified by the board. new text end 139.19     new text begin Subd. 3. new text end new text begin Fee and finances. new text end new text begin The board shall submit an annual budget to the new text end 139.20 new text begin commissioner of the Department of Labor and Industry. The commissioner shall collect new text end 139.21 new text begin fees under section 326.47, subdivision 6, necessary for the operation and continuance new text end 139.22 new text begin of the board. The commissioner is responsible for the enforcement of the codes and new text end 139.23 new text begin licensing requirements determined by the board. The board shall set the fees for licenses new text end 139.24 new text begin and certification under this section and for all high pressure piping system permits and new text end 139.25 new text begin submit the fee structure to the commissioner of labor and industry. The commissioner new text end 139.26 new text begin of finance shall make a quarterly certification of the amount necessary to pay expenses new text end 139.27 new text begin required for operation of the board under subdivision 2, paragraph (a), clause (6). The new text end 139.28 new text begin certified amount is appropriated to the board for those purposes from the fees collected new text end 139.29 new text begin under section 326.50. new text end 139.30    Sec. 6. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read: 139.31    Subdivision 1. License required; rules; time credit. No person shall engage in 139.32or work at the business of a contracting pipefitter unless issued an individual contracting 139.33pipefitter license to do so by the Department of Labor and Industry new text begin under rules prescribed new text end 139.34 new text begin by the board new text end . No license shall be required for repairs on existing installations. No 139.35person shall engage in or work at the business of journeyman pipefitter unless issued an 140.1individual journeyman pipefitter competency license to do so by the Department of Labor 140.2and Industry new text begin under rules prescribed by the board new text end . A person possessing an individual 140.3contracting pipefitter competency license may also work as a journeyman pipefitter. 140.4    No person, partnership, firm, or corporation shall install high pressure piping, nor 140.5install high pressure piping in connection with the dealing in and selling of high pressure 140.6pipe material and supplies, unless, at all times, a person possessing a contracting pipefitter 140.7individual competency license or a journeyman pipefitter individual competency license is 140.8responsible for the high pressure pipefitting work conducted by the person, partnership, 140.9firm, or corporation being in conformity with Minnesota Statutes and Minnesota Rules. 140.10    The Department of Labor and Industry new text begin board new text end shall prescribe rules, not inconsistent 140.11herewith, for the examination and individual competency licensing of contracting 140.12pipefitters and journeyman pipefitters and for issuance of permits by the department and 140.13municipalities for the installation of high pressure piping. 140.14    An employee performing the duties of inspector for the Department of Labor and 140.15Industry in regulating pipefitting shall not receive time credit for the inspection duties 140.16when making an application for a license required by this section. 140.17    Sec. 7. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read: 140.18    Subd. 2. High pressure pipefitting business license. Before obtaining a permit 140.19for high pressure piping work, a person, partnership, firm, or corporation must obtain or 140.20utilize a business with a high pressure piping business license. 140.21    A person, partnership, firm, or corporation must have at all times as a full-time 140.22employee at least one individual holding an individual contracting pipefitter competency 140.23license. Only full-time employees who hold individual contracting pipefitter licenses 140.24are authorized to obtain high pressure piping permits in the name of the business. The 140.25individual contracting pipefitter competency license holder can be the employee of only 140.26one high pressure piping business at a time. 140.27    To retain its business license without reapplication, a person, partnership, firm, or 140.28corporation holding a high pressure piping business license that ceases to employ a person 140.29holding an individual contracting pipefitter competency license shall have 60 days from 140.30the last day of employment of its previous individual contracting pipefitter competency 140.31license holder to employ another license holder. The Department of Labor and Industry 140.32must be notified no later than five days after the last day of employment of the previous 140.33license holder. 140.34    No high pressure pipefitting work may be performed during any period when the 140.35high pressure pipefitting business does not have an individual contracting pipefitter 141.1competency license holder on staff. If a license holder is not employed within 60 days, 141.2the pipefitting business license shall lapse. 141.3    The Department of Labor and Industry new text begin board new text end shall prescribe by rule procedures for 141.4application for and issuance of business licenses and fees. 141.5    Sec. 8. Minnesota Statutes 2006, section 326.48, is amended by adding a subdivision 141.6to read: 141.7     new text begin Subd. 6. new text end new text begin Reciprocity with other states. new text end new text begin The commissioner may issue a temporary new text end 141.8 new text begin license without examination, upon payment of the required fee, nonresident applicants new text end 141.9 new text begin who are licensed under the laws of a state having standards for licensing which the new text end 141.10 new text begin commissioner determines are substantially equivalent to the standards of this state if new text end 141.11 new text begin the other state grants similar privileges to Minnesota residents duly licensed in this new text end 141.12 new text begin state. Applicants who receive a temporary license under this section may acquire an new text end 141.13 new text begin aggregate of 24 months of experience before they have to apply and pass the licensing new text end 141.14 new text begin examination. Applicants must register with the commissioner of labor and industry and new text end 141.15 new text begin the commissioner shall set a fee for a temporary license. Applicants have five years in new text end 141.16 new text begin which to comply with this section. new text end 141.17    Sec. 9. Minnesota Statutes 2006, section 326.50, is amended to read: 141.18326.50 APPLICATION; FEES. 141.19    Application for an individual contracting pipefitter competency or an individual 141.20journeyman pipefitter competency license shall be made to the Department of Labor and 141.21Industry, with fees. The applicant shall be licensed only after passing an examination new text begin new text end 141.22 new text begin administered new text end by the Department of Labor and Industry new text begin in accordance with rules adopted new text end 141.23 new text begin by the board new text end . 141.24    Sec. 10. Minnesota Statutes 2006, section 326.51, is amended to read: 141.25326.51 DEPARTMENT MAY REVOKE LICENSES. 141.26    The department new text begin board new text end may revoke or suspend, for cause, any license obtained 141.27through error or fraud, or if the licensee is shown to be incompetent, or for a violation 141.28of any of its rules and regulations applicable to high pressure pipefitting work. The 141.29licensee shall have notice, in writing, enumerating the charges, and be entitled to a hearing 141.30on at least ten days' notice, with the right to produce testimony. The hearing shall be 141.31held pursuant to chapter 14. The commissioner new text begin board new text end shall issue a final order based on 141.32testimony and the record at hearing. One year from the date of revocation application 141.33may be made for a new license. 142.1    Sec. 11. Minnesota Statutes 2006, section 326.52, is amended to read: 142.2326.52 DEPOSIT OF FEES. 142.3    All fees received under sections 326.46 to 326.52 shall be deposited by the 142.4Department of Labor and Industry to the credit of the general fund in the state treasury. 142.5The salaries and per diem of the inspectors and examiners hereinbefore provided, their 142.6expenses, and all incidental expenses of the department new text begin and board new text end in carrying out the 142.7provisions of sections 326.46 to 326.52 shall be paid from the appropriations made to the 142.8Department of Labor and Industry. The commissioner new text begin board new text end by rule shall set the amount 142.9of the fees at a level that approximates, to the greatest extent possible, the salaries, per 142.10diem, and incidental expenses of the department. 142.11    Sec. 12. new text begin TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING new text end 142.12 new text begin SYSTEMS. new text end 142.13     new text begin The authority of the commissioner of labor and industry to adopt rules relating to new text end 142.14 new text begin high pressure piping systems is transferred to the Board of High Pressure Piping Systems. new text end 142.15 new text begin Licenses and permits currently in effect remain in effect according to their terms unless new text end 142.16 new text begin affected by board action. Rules adopted by the commissioner of labor and industry remain new text end 142.17 new text begin in effect until amended or repealed by the board. The commissioner of administration new text end 142.18 new text begin may not use the authority under Minnesota Statutes, section 16B.37, to modify transfers of new text end 142.19 new text begin authority in this act. new text end 142.20    Sec. 13. new text begin FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH new text end 142.21 new text begin PRESSURE PIPING SYSTEMS. new text end 142.22     new text begin The governor must complete the appointments required by Minnesota Statutes, new text end 142.23 new text begin section 326.471, no later than July 1, 2007. The commissioner of labor and industry new text end 142.24 new text begin shall convene the first meeting of the Board of High Pressure Piping Systems no later new text end 142.25 new text begin than September 1, 2007. new text end 142.26    Sec. 14. new text begin TRANSFER OF AUTHORITY; PLUMBING BOARD. new text end 142.27     new text begin The authority of the commissioners of health and labor and industry to adopt rules new text end 142.28 new text begin relating to plumbers is transferred to the Plumbing Board. Licenses and permits currently new text end 142.29 new text begin in effect remain in effect according to their terms unless affected by board action. Rules new text end 142.30 new text begin adopted by the commissioner of health or labor and industry remain in effect until amended new text end 142.31 new text begin or repealed by the board. The commissioner of administration may not use the authority new text end 142.32 new text begin under Minnesota Statutes, section 16B.37, to modify the transfers of authority in this act. new text end 143.1    Sec. 15. new text begin FIRST MEETING; APPOINTMENTS FOR PLUMBING BOARD. new text end 143.2     new text begin The governor must complete the appointments required by Minnesota Statutes, new text end 143.3 new text begin section 326.372, no later than July 1, 2007. The commissioner of labor and industry shall new text end 143.4 new text begin convene the first meeting of the Plumbing Board no later than September 1, 2007. new text end 143.5ARTICLE 10 143.6IRON RANGE RESOURCES AND REHABILITATION BOARD 143.7    Section 1. new text begin [270.99] HOCKEY HERITAGE SURCHARGE. new text end 143.8     new text begin Subdivision 1. new text end new text begin Imposition. new text end new text begin A surcharge of 25 cents is imposed on the sale of every new text end 143.9 new text begin ticket to an NCAA Division I men's hockey event in the state. new text end 143.10     new text begin Subd. 2. new text end new text begin Collection; remittance. new text end new text begin The surcharge imposed in this section shall be new text end 143.11 new text begin collected by all sellers of these tickets with nexus in the state of Minnesota. The seller new text end 143.12 new text begin shall report the surcharge on a return proscribed by the commissioner of revenue and new text end 143.13 new text begin shall remit the surcharge with the return. new text end 143.14     new text begin Subd. 3. new text end new text begin Administration. new text end new text begin Unless specifically provided otherwise in this section, the new text end 143.15 new text begin audit, assessment, refund, penalty, interest, enforcement, collection remedies, appeal, and new text end 143.16 new text begin administrative provisions in this chapter and chapter 289A that are applicable to taxes new text end 143.17 new text begin imposed under chapter 297A apply to the surcharge imposed under this section. new text end 143.18     new text begin Subd. 4. new text end new text begin Deposit of revenues. new text end new text begin The commissioner of revenue shall deposit all new text end 143.19 new text begin revenues, including penalty and interest, derived from the surcharge imposed in this new text end 143.20 new text begin section in the hockey surcharge account in the special revenue fund. The amount deposited new text end 143.21 new text begin under this section is appropriated to the Iron Range Resources and Rehabilitation Board new text end 143.22 new text begin for payment to the city of Eveleth to be used for the support of the Hockey Hall of Fame new text end 143.23 new text begin Museum provided that it continues to operate in the city. Payments under this section for new text end 143.24 new text begin the Hockey Hall of Fame Museum are in addition to and must not be used to supplant new text end 143.25 new text begin funding under section 298.28, subdivision 9c. new text end 143.26    Sec. 2. Minnesota Statutes 2006, section 298.22, subdivision 2, is amended to read: 143.27    Subd. 2. Iron Range Resources and Rehabilitation Board. There is hereby 143.28created the Iron Range Resources and Rehabilitation Board, consisting of 13 new text begin ten new text end members, 143.29five of whom are state senators appointed by the Subcommittee on Committees of the 143.30Rules Committee of the senate, and five of whom are representatives, appointed by the 143.31speaker of the house of representatives. The remaining members shall be appointed one 143.32each by the senate majority leader, the speaker of the house of representatives, and the 143.33governor and must be nonlegislators who reside in a taconite assistance area as defined in 143.34section . The members shall be appointed in January of every odd-numbered 144.1year, except that the initial nonlegislator members shall be appointed by July 1, 1999, and 144.2shall serve until January of the next odd-numbered year. Vacancies on the board shall be 144.3filled in the same manner as the original members were chosen. At least a majority of 144.4the legislative members of the board shall be elected from state senatorial or legislative 144.5districts in which over 50 percent of the residents reside within a taconite assistance area 144.6as defined in section 273.1341. All expenditures and projects made by the commissioner 144.7of Iron Range resources and rehabilitation shall be consistent with the priorities 144.8established in subdivision 8 and shall first be submitted to the Iron Range Resources and 144.9Rehabilitation Board for approval by a majority of the board of expenditures and projects 144.10for rehabilitation purposes as provided by this section, and the method, manner, and time 144.11of payment of all funds proposed to be disbursed shall be first approved or disapproved by 144.12the board. The board shall biennially make its report to the governor and the legislature on 144.13or before November 15 of each even-numbered year. The expenses of the board shall be 144.14paid by the state from the funds raised pursuant to this section. 144.15    Sec. 3. Minnesota Statutes 2006, section 298.227, is amended to read: 144.16298.227 TACONITE ECONOMIC DEVELOPMENT FUND. 144.17    An amount equal to that distributed pursuant to each taconite producer's taxable 144.18production and qualifying sales under section 298.28, subdivision 9a, shall be held by 144.19the Iron Range Resources and Rehabilitation Board in a separate taconite economic 144.20development fund for each taconite and direct reduced ore producer. Money from the 144.21fund for each producer shall be released by the commissioner after review by a joint 144.22committee consisting of an equal number of representatives of the salaried employees and 144.23the nonsalaried production and maintenance employees of that producer. The District 11 144.24director of the United States Steelworkers of America, on advice of each local employee 144.25president, shall select the employee members. In nonorganized operations, the employee 144.26committee shall be elected by the nonsalaried production and maintenance employees. 144.27The review must be completed no later than six months after the producer presents a 144.28proposal for expenditure of the funds to the committee. The funds held pursuant to this 144.29section may be released only for acquisition of new text begin plant and stationary mining new text end equipment 144.30and facilities for the producer or for research and development in Minnesota on new 144.31mining, or taconite, iron, or steel production technology, but only if the producer provides 144.32a matching expenditure to be used for the same purpose of at least 50 percent of the 144.33distribution based on 14.7 cents per ton beginning with distributions in 2002. new text begin Effective for new text end 144.34 new text begin proposals for expenditures of money from the fund approved beginning the day following new text end 144.35 new text begin final enactment, the commissioner may release the funds only if the proposed expenditure new text end 145.1 new text begin is approved by a majority of the members of the Iron Range Resources and Rehabilitation new text end 145.2 new text begin Board. new text end If a producer uses money new text begin which has been released new text end from the fund new text begin prior to the day new text end 145.3 new text begin following final enactment new text end to procure haulage trucks, mobile equipment, or mining shovels, 145.4and the producer removes the piece of equipment from the taconite tax relief area defined 145.5in section 273.134 within ten years from the date of receipt of the money from the fund, 145.6a portion of the money granted from the fund must be repaid to the taconite economic 145.7development fund. The portion of the money to be repaid is 100 percent of the grant if the 145.8equipment is removed from the taconite tax relief area within 12 months after receipt of 145.9the money from the fund, declining by ten percent for each of the subsequent nine years 145.10during which the equipment remains within the taconite tax relief area. If a taconite 145.11production facility is sold after operations at the facility had ceased, any money remaining 145.12in the fund for the former producer may be released to the purchaser of the facility on 145.13the terms otherwise applicable to the former producer under this section. If a producer 145.14fails to provide matching funds for a proposed expenditure within six months after the 145.15commissioner approves release of the funds, the funds are available for release to another 145.16producer in proportion to the distribution provided and under the conditions of this section. 145.17Any portion of the fund which is not released by the commissioner within two years of its 145.18deposit in the fund shall be divided between the taconite environmental protection fund 145.19created in section 298.223 and the Douglas J. Johnson economic protection trust fund 145.20created in section 298.292 for placement in their respective special accounts. Two-thirds 145.21of the unreleased funds shall be distributed to the taconite environmental protection fund 145.22and one-third to the Douglas J. Johnson economic protection trust fund. 145.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for proposals for expenditures of new text end 145.24 new text begin money from the fund the day following final enactment. new text end 145.25    Sec. 4. new text begin APPROPRIATION; IRON RANGE RESOURCES AND new text end 145.26 new text begin REHABILITATION BOARD. new text end 145.27     new text begin $500,000 is appropriated from the Iron Range Resources and Rehabilitation Board new text end 145.28 new text begin fund for fiscal year 2008 for allocation in this section: new text end 145.29     new text begin (1) $225,000 is for Aitkin County Growth, Inc. to extend electric service and other new text end 145.30 new text begin infrastructure to a peat project in Spencer Township in Aitkin County; new text end 145.31     new text begin (2) $75,000 is for a nonprofit organization for the preservation of the B'nai Abraham new text end 145.32 new text begin Synagogue in Virginia, of which $50,000 is for renovation and $25,000 is for a permanent new text end 145.33 new text begin endowment for the preservation; new text end 145.34     new text begin (3) $150,000 is for a grant to the Iron Range youth in action program to assist the new text end 145.35 new text begin organization to employ youth for the construction of community centers; and new text end 146.1     new text begin (4) $50,000 is for a grant to the Iron Range retriever club for pond and field new text end 146.2 new text begin construction. new text end 146.3     new text begin These are onetime appropriations. new text end 146.4    Sec. 5. new text begin IRRRB BUILDING. new text end 146.5     new text begin The Iron Range Resources and Rehabilitation Board office building in Eveleth, new text end 146.6 new text begin Minnesota is designated and named the Joe Begich Building and shall be signed as such new text end 146.7 new text begin at every entrance. new text end 146.8ARTICLE 11 146.9ELECTRICAL 146.10    Section 1. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read: 146.11    Subd. 6g. Personal new text begin direct new text end supervision. The term "personal new text begin "Direct new text end supervision" 146.12means that a person licensed to perform electrical work oversees and directs the electrical 146.13work performed by an unlicensed person such that: 146.14    (1) the licensed person actually reviews the electrical work performed by the 146.15unlicensed person new text begin an unlicensed individual is being supervised by an individual licensed new text end 146.16 new text begin to perform the electrical work being supervised new text end ; 146.17    (2) new text begin during the entire working day of the unlicensed individual, the licensed new text end 146.18 new text begin individual is physically present at the location where the unlicensed individual is new text end 146.19 new text begin preforming electrical work and immediately available to the unlicensed individual; new text end 146.20     new text begin (3) new text end the licensed person new text begin individual new text end is new text begin physically present and new text end immediately available to 146.21the unlicensed person new text begin individual new text end at all times for assistance and direction; and 146.22     new text begin (4) electronic supervision does not meet the requirement of physically present and new text end 146.23 new text begin immediately available; new text end 146.24     new text begin (5) the licensed individual shall review the electrical work performed by the new text end 146.25 new text begin unlicensed individual before the electrical work is operated; and new text end 146.26    (3) new text begin (6) new text end the licensed person new text begin individual new text end is able to and does determine that all electrical 146.27work performed by the unlicensed person new text begin individual new text end is performed in compliance with 146.28section 326.243. 146.29    The licensed person new text begin individual new text end is responsible for the compliance with section 146.30326.243 of all electrical work performed by the unlicensed person new text begin individual new text end . 146.31    Sec. 2. Minnesota Statutes 2006, section 326.241, subdivision 1, is amended to read: 146.32    Subdivision 1. Composition. new text begin (a) new text end The Board of Electricity shall consist of 11 new text begin 12 new text end 146.33members, residents of the state, appointed by the governor of whom new text begin and confirmed by new text end 147.1 new text begin the senate. The commissioner of labor and industry or the commissioner's designee shall new text end 147.2 new text begin be a nonvoting member. The first appointed board members shall serve an initial term new text end 147.3 new text begin of four years, except where designated otherwise. The governor shall then reappoint the new text end 147.4 new text begin current members or appoint replacement members, all or in part, to subsequent three-year new text end 147.5 new text begin terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies new text end 147.6 new text begin occurring with less than six months time remaining in the term shall be filled for the new text end 147.7 new text begin existing term and the following three-year term. Of the 11 appointed members, the new text end 147.8 new text begin composition shall be as follows: new text end 147.9     new text begin (1) new text end two shall be representatives of the electrical suppliers in the rural areas of the 147.10state, 147.11     new text begin (2) new text end two shall be master electricians, who shall be contractors, 147.12     new text begin (3) new text end two journeyman electricians, 147.13     new text begin (4) new text end one registered consulting electrical engineer, 147.14     new text begin (5) new text end two power limited technicians, who shall be technology system contractors 147.15primarily engaged in the business of installing technology circuits or systems, and 147.16     new text begin (6) new text end two public members as defined by section 214.02. 147.17     new text begin (b) Except as provided herein, new text end membership terms, compensation of members, 147.18removal of members, the filling of membership vacancies, and fiscal year and reporting 147.19requirements shall be as provided in sections 214.07 to 214.09. The provision of staff, 147.20administrative services and office space; the review and processing of complaints; the 147.21setting of board fees; and other provisions relating to board operations shall be as provided 147.22in chapter 214. 147.23    Sec. 3. Minnesota Statutes 2006, section 326.241, subdivision 2, is amended to read: 147.24    Subd. 2. Powers. new text begin (a) new text end The board, or the complaint committee on behalf of the board 147.25where authorized by law, shall have power to: 147.26    (1) Elect its own officers. 147.27    (2) Engage and fix the compensation of inspectors, and hire employees. The salary 147.28of the executive secretary shall be established pursuant to chapter 43A. All agents and 147.29employees other than contract inspectors shall be in the classified service and shall be 147.30compensated pursuant to chapter 43A. All inspectors shall hold licenses as master or 147.31journeyman electricians under section 326.242, subdivision 1(1) or 2(1), and shall give 147.32bond in an amount fixed by the board, conditioned upon the faithful performance of 147.33their duties. 147.34    (3) new text begin (2) new text end Pay such other expenses as it may deem necessary in the performance of its 147.35duties, including rent, supplies, and such like. 148.1     new text begin (3) Select from its members individuals to serve on any other state advisory councils, new text end 148.2 new text begin boards, or committees. new text end 148.3    (4) Enforce the provisions of sections 326.241 to 326.248, and provide, upon 148.4request, such additional voluntary inspections and reviews as it may deem appropriate. 148.5    (5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses, 148.6censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive 148.7relief and civil penalties in court as authorized by section and other provisions of 148.8Minnesota law. new text begin Establish the committees required herein and any others deemed necessary new text end 148.9 new text begin by the board or requested by the commissioner. new text end 148.10    (6) Adopt reasonable rules to carry out its duties under sections 326.241 to 326.248 148.11and to provide for the amount and collection of fees for inspection and other services. All 148.12rules shall be adopted in accordance with chapter 14. 148.13     new text begin (7) Advise the commissioner on issues related to sections 326.241 to 326.248 or as new text end 148.14 new text begin requested by the commissioner. new text end 148.15     new text begin (b) Except for the powers granted to the Electricity Board the commissioner of labor new text end 148.16 new text begin and industry shall administer the provisions of sections 326.241 to 326.248 and for such new text end 148.17 new text begin purposes may employ electrical inspectors and other assistants. new text end 148.18    Sec. 4. Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read: 148.19    Subd. 5. Unlicensed persons new text begin individuals new text end . (a) An unlicensed person new text begin individual new text end 148.20 new text begin means an individual who has not been licensed by the Board of Electricity as a Class A new text end 148.21 new text begin master electrician or as a Class A journeyman electrician. An unlicensed individual new text end shall 148.22not perform electrical work new text begin required to be performed by a licensed individual new text end unless new text begin the new text end 148.23 new text begin individual has first registered with the Board of Electricity as an unlicensed individual. new text end 148.24 new text begin Thereafter, an unlicensed individual shall not perform electrical work required to be new text end 148.25 new text begin performed by a licensed individual unless new text end the work is performed under the personal new text begin direct new text end 148.26supervision of a person new text begin an individual new text end actually licensed to perform such work and new text begin . new text end The 148.27licensed electrician new text begin individual new text end and unlicensed persons are new text begin individual must be new text end employed 148.28by the same employer. Licensed persons new text begin individuals new text end shall not permit unlicensed persons new text begin new text end 148.29 new text begin individuals new text end to perform electrical work except under the personal new text begin direct new text end supervision of 148.30a person new text begin an individual new text end actually licensed to perform such work. Unlicensed persons new text begin new text end 148.31 new text begin individuals new text end shall not supervise the performance of electrical work or make assignments 148.32of electrical work to unlicensed persons new text begin individuals new text end . Except for technology circuit or 148.33system work, licensed persons new text begin individuals new text end shall supervise no more than two unlicensed 148.34persons new text begin individuals new text end . For technology circuit or system work, licensed persons new text begin individuals new text end 148.35shall supervise no more than three unlicensed persons new text begin individuals new text end . 149.1    (b) Notwithstanding any other provision of this section, no person new text begin individual new text end other 149.2than a master electrician or power limited technician shall plan or lay out electrical wiring, 149.3apparatus, or equipment for light, heat, power, or other purposes, except circuits or 149.4systems exempted from personal licensing by subdivision 12, paragraph (b). 149.5    (c) Contractors employing unlicensed persons performing new text begin individuals to perform new text end 149.6electrical work shall maintain records establishing compliance with this subdivision, 149.7which new text begin that new text end shall designate new text begin identify new text end all unlicensed persons new text begin individuals new text end performing electrical 149.8work, except for persons working on circuits or systems exempted from personal licensing 149.9by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such 149.10records as provided for in section 326.244, subdivision 6. 149.11     new text begin (d) When a licensed individual supervises the electrical work of an unlicensed new text end 149.12 new text begin individual, the licensed individual is responsible for ensuring that the electrical work new text end 149.13 new text begin complies with sections 326.241 to 326.248 and rules adopted. new text end 149.14    Sec. 5. Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision 149.15to read: 149.16     new text begin Subd. 5a. new text end new text begin Registration of unlicensed individuals. new text end new text begin Unlicensed individuals new text end 149.17 new text begin performing electrical work for a contractor or employer shall register with the department new text end 149.18 new text begin in the manner prescribed by the commissioner. Experience credit for electrical work new text end 149.19 new text begin performed after January 1, 2008, by an applicant for a license identified in this section new text end 149.20 new text begin shall not be granted where the applicant has not registered with or is not licensed by new text end 149.21 new text begin the department. new text end 149.22    Sec. 6. Minnesota Statutes 2006, section 326.242, subdivision 11, is amended to read: 149.23    Subd. 11. Reciprocity. To the extent that any other state which provides for the 149.24licensing of electricians provides for similar action the board may grant licenses, without 149.25examination, of the same grade and class to an electrician who has been licensed by such 149.26other state for at least one year, upon payment by the applicant of the required fee and 149.27upon the board being furnished with proof that the required fee and upon the board being 149.28furnished with proof that the qualifications of the applicant are equal to the qualifications 149.29of holders of similar licenses in Minnesota. new text begin The commissioner may enter into reciprocity new text end 149.30 new text begin agreements for personal licenses with another state if approved by the board. Once new text end 149.31 new text begin approved by the board, the commissioner may issue a personal license without requiring new text end 149.32 new text begin the applicant to pass an examination provided the applicant: new text end 149.33     new text begin (a) submits an application under section 326.242; new text end 149.34     new text begin (b) pays the fee required under section 326.242; and new text end 150.1     new text begin (c) holds a valid comparable license in the state participating in the agreement. new text end 150.2     new text begin Agreements are subject to the following: new text end 150.3     new text begin (1) The parties to the agreement must administer a statewide licensing program that new text end 150.4 new text begin includes examination and qualifying experience or training comparable to Minnesota's. new text end 150.5     new text begin (2) The experience and training requirements under which an individual applicant new text end 150.6 new text begin qualified for examination in the qualifying state must be deemed equal to or greater than new text end 150.7 new text begin required for an applicant making application in Minnesota at the time the applicant new text end 150.8 new text begin acquired the license in the qualifying state. new text end 150.9     new text begin (3) The applicant must have acquired the license in the qualifying state through an new text end 150.10 new text begin examination deemed equivalent to the same class of license examination in Minnesota. new text end 150.11 new text begin A lesser class of license may be granted where the applicant has acquired a greater new text end 150.12 new text begin class of license in the qualifying state and the applicant otherwise meets the conditions new text end 150.13 new text begin of this subdivision. new text end 150.14     new text begin (4) At the time of application, the applicant must hold a valid license in the new text end 150.15 new text begin qualifying state and have held the license continuously for at least one year before making new text end 150.16 new text begin application in Minnesota. new text end 150.17     new text begin (5) An applicant is not eligible for a license under this subdivision if the applicant new text end 150.18 new text begin has failed the same or greater class of license examination in Minnesota, or if the new text end 150.19 new text begin applicant's license of the same or greater class has been revoked or suspended. new text end 150.20     new text begin (6) An applicant who has failed to renew a personal license for two years or more new text end 150.21 new text begin after its expiration is not eligible for a license under this subdivision. new text end 150.22    Sec. 7. new text begin REPEALER. new text end 150.23 new text begin Minnesota Statutes 2006, sections 326.01, subdivision 4; and 326.242, subdivision new text end 150.24 new text begin 4, new text end new text begin are repealed. new text end 150.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 150.26ARTICLE 12 150.27APPRENTICESHIP BOARD 150.28    Section 1. Minnesota Statutes 2006, section 178.01, is amended to read: 150.29178.01 PURPOSES. 150.30    The purposes of this chapter are: to open to young people regardless of race, sex, 150.31creed, color or national origin, the opportunity to obtain training that will equip them for 150.32profitable employment and citizenship; to establish as a means to this end, a program 150.33of voluntary apprenticeship under approved apprentice agreements providing facilities 151.1for their training and guidance in the arts, skills, and crafts of industry and trade, with 151.2concurrent, supplementary instruction in related subjects; to promote employment 151.3opportunities under conditions providing adequate training and reasonable earnings; 151.4to relate the supply of skilled workers to employment demands; to establish standards 151.5for apprentice training; to establish an Apprenticeship Advisory Council new text begin Board new text end and 151.6apprenticeship committees to assist in effectuating the purposes of this chapter; to provide 151.7for a Division of Labor Standards and Apprenticeship within the Department of Labor 151.8and Industry; to provide for reports to the legislature regarding the status of apprentice 151.9training in the state; to establish a procedure for the determination of apprentice agreement 151.10controversies; and to accomplish related ends. 151.11    Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read: 151.12178.02 APPRENTICESHIP ADVISORY COUNCIL new text begin BOARD new text end . 151.13    Subdivision 1. Members. The commissioner of labor and industry, hereinafter 151.14called the commissioner, shall appoint an Apprenticeship Advisory Council new text begin Board new text end , 151.15hereinafter referred to as the council new text begin board new text end , composed of three representatives each from 151.16employer and employee organizations, and two representatives of the general public. The 151.17director of education responsible for career and technical education or designee shall be an 151.18ex officio member of the council new text begin board new text end and shall serve in an advisory capacity only. 151.19    Subd. 2. Terms. The council new text begin board new text end shall expire and the terms, compensation, and 151.20removal of appointed members shall be as provided in section 15.059, except that the 151.21council shall not expire before June 30, 2003. 151.22    Subd. 4. Duties. The council new text begin board new text end shall meet at the call of the commissioner. It 151.23shall propose occupational classifications for apprenticeship programs; propose minimum 151.24standards for apprenticeship programs and agreements; and advise on the establishment 151.25of such policies, procedures, and rules as the commissioner new text begin board new text end deems necessary in 151.26implementing the intent of this chapter. 151.27    Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read: 151.28    Subd. 3. Duties and functions. The director, under the supervision of the 151.29commissioner, and with the advice new text begin and oversight new text end of the Apprenticeship Advisory 151.30Council new text begin Board new text end , is authorized: to administer the provisions of this chapter; to promote 151.31apprenticeship and other forms of on the job training; to establish, in cooperation new text begin and new text end 151.32 new text begin consultation new text end with the Apprenticeship Advisory Council new text begin Board new text end and with the apprenticeship 151.33committees, conditions and training standards for the approval of apprenticeship programs 151.34and agreements, which conditions and standards shall in no case be lower than those 152.1prescribed by this chapter; to promote equal employment opportunity in apprenticeship 152.2and other on the job training and to establish a Minnesota plan for equal employment 152.3opportunity in apprenticeship which shall be consistent with standards established 152.4under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of 152.5registration to sponsors of approved apprenticeship programs; to act as secretary of the 152.6Apprenticeship Advisory Council new text begin Board new text end ; to approve, if of the opinion that approval is 152.7for the best interest of the apprentice, any apprenticeship agreement which meets the 152.8standards established hereunder; to terminate any apprenticeship agreement in accordance 152.9with the provisions of such agreement; to keep a record of apprenticeship agreements and 152.10their disposition; to issue certificates of completion of apprenticeship; and to perform 152.11such other duties as the commissioner deems necessary to carry out the intent of this 152.12chapter; provided, that the administration and supervision of supplementary instruction in 152.13related subjects for apprentices; coordination of instruction on a concurrent basis with 152.14job experiences, and the selection and training of teachers and coordinators for such 152.15instruction shall be the function of state and local boards responsible for vocational 152.16education. The director shall have the authority to make wage determinations applicable 152.17to the graduated schedule of wages and journeyman wage rate for apprenticeship 152.18agreements, giving consideration to the existing wage rates prevailing throughout the 152.19state, except that no wage determination by the director shall alter an existing wage 152.20provision for apprentices or journeymen that is contained in a bargaining agreement in 152.21effect between an employer and an organization of employees, nor shall the director 152.22make any determination for the beginning rate for an apprentice that is below the wage 152.23minimum established by federal or state law. 152.24    Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read: 152.25    Subdivision 1. Rules. The commissioner may, upon receipt of the council's new text begin board's new text end 152.26proposals, accept, adopt, and issue them by rule with any modifications or amendments 152.27the commissioner finds appropriate. The commissioner may refer them back to the 152.28council new text begin board new text end with recommendations for further study, consideration and revision. new text begin If new text end 152.29 new text begin the commissioner refuses to accept, adopt, and issue by rule or other appropriate action new text end 152.30 new text begin a board proposal, the commissioner must provide a written explanation of the reason new text end 152.31 new text begin for the refusal to the board within 30 days after the board submitted the proposal to the new text end 152.32 new text begin commissioner. new text end Additional rules may be issued as the commissioner may deem necessary.