HF 3722

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to economic development; prohibiting use of certain construction 1.3debris as cover material; requiring state approval of government procurement 1.4agreements of United States trade agreements; establishing a trade policy 1.5advisory group; protecting certain communications in the workplace between 1.6labor organizations and employees; changing the name of the boxing commission 1.7to combative sports commission and making provision modifications; relating 1.8to unemployment insurance; providing for extended unemployment benefits 1.9under certain circumstances; regulating benefit amounts and eligibility for 1.10benefits; extending the time period for a local governmental unit to elect to 1.11be removed from the central iron range sanitary sewer district; establishing 1.12transit improvement area accounts and a loan program; making technical 1.13changes to unemployment insurance provisions; amending Minnesota Statutes 1.142006, sections 268.125, subdivisions 1, 2, by adding a subdivision; 341.21, as 1.15amended; 341.23; 341.26; 341.28, as amended; 341.29; 341.30; 341.32, as 1.16amended; 341.33; 341.34, subdivision 1; 341.35; 341.37; Minnesota Statutes 1.172007 Supplement, sections 214.04, subdivision 3; 268.047, subdivisions 1, 2; 1.18268.085, subdivisions 3, 16; 268.125, subdivision 3; 268.19, subdivision 1; 1.19341.22; 341.25; 341.27; 341.321; Laws 2002, chapter 382, article 2, section 5, 1.20subdivision 3, as added; proposing coding for new law in Minnesota Statutes, 1.21chapters 115A; 116J; 181; 341; 469; repealing Minnesota Statutes 2006, section 1.22341.31. 1.23BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24    Section 1. new text begin [115A.936] CONSTRUCTION DEBRIS AS COVER MATERIAL new text end 1.25 new text begin PROHIBITED. new text end 1.26     new text begin (a) Construction debris or residuals from processed construction debris containing new text end 1.27 new text begin any amount of gypsum shall not be managed as cover material at disposal facilities unless: new text end 1.28     new text begin (1) residual material is managed in an industrial or construction and demolition new text end 1.29 new text begin disposal facility equipped with a liner and leachate collection system; new text end 1.30     new text begin (2) residual material is not mechanically pulverized or size-reduced prior to new text end 1.31 new text begin processing, screening, or application; new text end 2.1     new text begin (3) a maximum effort is made to remove gypsum from the waste prior to processing, new text end 2.2 new text begin screening, or application; new text end 2.3     new text begin (4) residual material is mixed at a ratio of one part soil to one part residual material new text end 2.4 new text begin prior to application; and new text end 2.5     new text begin (5) the disposal facility does not accept any amount of cover material greater than new text end 2.6 new text begin what is operationally necessary. new text end 2.7     new text begin (b) For the purposes of this section, "residual material" means construction debris or new text end 2.8 new text begin residuals from processed construction debris containing any amount of gypsum. new text end 2.9    Sec. 2. new text begin [116J.976] STATE APPROVAL OF GOVERNMENT PROCUREMENT new text end 2.10 new text begin AGREEMENTS. new text end 2.11     new text begin Any decision of the state to enter into government procurement agreements relating new text end 2.12 new text begin to United States trade agreements must be approved by the governor and the legislature. new text end 2.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 2.14    Sec. 3. new text begin [116J.977] TRADE POLICY ADVISORY GROUP. new text end 2.15     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The trade policy advisory group is established to new text end 2.16 new text begin advise and assist the governor and the legislature regarding government procurement new text end 2.17 new text begin agreements of United States trade agreements. new text end 2.18     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin (a) The trade policy advisory group shall be comprised of new text end 2.19 new text begin nine members as follows: new text end 2.20     new text begin (1) the governor, or the governor's designee; new text end 2.21     new text begin (2) the commissioner of employment and economic development, or the new text end 2.22 new text begin commissioner's designee; new text end 2.23     new text begin (3) the commissioner of agriculture, or the commissioner's designee; new text end 2.24     new text begin (4) the commissioner of administration, or the commissioner's designee; new text end 2.25     new text begin (5) the attorney general, or a designee; new text end 2.26     new text begin (6) two senators, including one member from the majority party and one member new text end 2.27 new text begin from the minority party, appointed by the Subcommittee on Committees of the Committee new text end 2.28 new text begin on Rules and Administration of the senate; and new text end 2.29     new text begin (7) two members of the house of representatives, including one member appointed new text end 2.30 new text begin by the speaker of the house and one member appointed by the minority leader. new text end 2.31     new text begin (b) Members of the trade policy advisory group shall serve for a term of two years new text end 2.32 new text begin and may be reappointed. Members shall serve until their successors have been appointed. new text end 3.1     new text begin (c) The trade policy advisory group may invite representatives from other state new text end 3.2 new text begin agencies, industries, trade and labor organizations, nongovernmental organizations, and new text end 3.3 new text begin local governments to join the group as nonvoting ex officio members. new text end 3.4     new text begin Subd. 3. new text end new text begin Administration. new text end new text begin (a) The commissioner of employment and economic new text end 3.5 new text begin development or the commissioner's designee shall: new text end 3.6     new text begin (1) coordinate with the other appointing authorities to designate their representatives; new text end 3.7 new text begin and new text end 3.8     new text begin (2) provide meeting space and administrative services for the group. new text end 3.9     new text begin (b) The members shall elect a chair from the legislative members of the working new text end 3.10 new text begin group. The chair will assume responsibility for convening future meetings of the group. new text end 3.11     new text begin (c) Public members of the advisory group serve without compensation or payment of new text end 3.12 new text begin expenses. new text end 3.13     new text begin Subd. 4. new text end new text begin Duties. new text end new text begin The trade policy advisory group shall: new text end 3.14     new text begin (1) serve as an advisory group to the governor and the legislature on matters relating new text end 3.15 new text begin to government procurement agreements of United States trade agreements; new text end 3.16     new text begin (2) assess the potential impact of government procurement agreements on the state's new text end 3.17 new text begin economy; new text end 3.18     new text begin (3) advise the governor and the legislature of the group's findings and make new text end 3.19 new text begin recommendations, including any draft legislation necessary to implement the new text end 3.20 new text begin recommendations, to the governor and the legislature; new text end 3.21     new text begin (4) determine, on a case-by-case basis, the impact of a specific government new text end 3.22 new text begin procurement agreement by requesting input from state agencies, seeking expert advice, new text end 3.23 new text begin convening public hearings, and taking other reasonable and appropriate actions; new text end 3.24     new text begin (5) provide advice on other issues related to trade agreements other than government new text end 3.25 new text begin procurement agreements when specifically requested by the governor or the legislature; new text end 3.26     new text begin (6) request information from the Office of the United States Trade Representative new text end 3.27 new text begin necessary to conduct an appropriate review of government procurement agreements or new text end 3.28 new text begin other trade issues as directed by the governor or the legislature; and new text end 3.29     new text begin (7) receive information obtained by the United States Trade Representative's Single new text end 3.30 new text begin Point of Contact for Minnesota. new text end 3.31     new text begin Subd. 5. new text end new text begin Expiration. new text end new text begin Notwithstanding section 15.059, subdivision 5, this section new text end 3.32 new text begin expires June 30, 2012. new text end 3.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 3.34    Sec. 4. new text begin [181.985] WORKPLACE COMMUNICATIONS. new text end 4.1     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For the purposes of this section, the following terms new text end 4.2 new text begin have the meanings given them in this subdivision. new text end 4.3     new text begin (b) "Employer" means any person, business entity, or nonprofit organization having new text end 4.4 new text begin one or more employees in Minnesota, and includes the state and any political subdivisions new text end 4.5 new text begin of the state. new text end 4.6     new text begin (c) "Employee" means a person who performs services for hire in Minnesota for an new text end 4.7 new text begin employer, but does not include independent contractors. new text end 4.8     new text begin (d) "Communication" means any printed or electronic document, letter, brochure, new text end 4.9 new text begin flyer, advertisement, e-mail, text message, or similar means pertaining to union business new text end 4.10 new text begin or labor organizing as provided under state or federal law. new text end 4.11     new text begin (e) "Employee organization" or "labor organization" have the same meanings given new text end 4.12 new text begin them in sections 179.01, subdivision 6, and 179A.03, subdivision 6. new text end 4.13     new text begin Subd. 2. new text end new text begin Prohibited practice. new text end new text begin An employer may not refuse to hire a job applicant new text end 4.14 new text begin or discipline or discharge an employee because the applicant or employee has received new text end 4.15 new text begin or responded to a communication from an employee organization or labor organization. new text end 4.16 new text begin Nor shall an employer prohibit an employee from receiving communications from an new text end 4.17 new text begin employee organization at the employee's work location, work mailbox, in an employee new text end 4.18 new text begin break room or meal area, or on the employee's work computer. Reasonable rules new text end 4.19 new text begin concerning the quantity of the communications, political or other inappropriate content of new text end 4.20 new text begin the communications, attachments to electronic communications, and appropriate nonwork new text end 4.21 new text begin times for review of these types of communications are permitted. An employer may new text end 4.22 new text begin discipline or discharge an employee for violations of these rules in accordance with the new text end 4.23 new text begin employer's personnel policies or union contract. new text end 4.24     new text begin Subd. 3. new text end new text begin Remedy. new text end new text begin The remedy for a violation of this section is through any new text end 4.25 new text begin applicable grievance procedure. Damages are limited to wages and benefits lost by the new text end 4.26 new text begin individual because of the violation. new text end 4.27    Sec. 5. Minnesota Statutes 2007 Supplement, section 214.04, subdivision 3, is 4.28amended to read: 4.29    Subd. 3. Officers; staff. The executive director of each health-related board and 4.30the executive secretary of each non-health-related board shall be the chief administrative 4.31officer for the board but shall not be a member of the board. The executive director or 4.32executive secretary shall maintain the records of the board, account for all fees received 4.33by it, supervise and direct employees servicing the board, and perform other services as 4.34directed by the board. The executive directors, executive secretaries, and other employees 5.1of the following boards shall be hired by the board, and the executive directors or executive 5.2secretaries shall be in the unclassified civil service, except as provided in this subdivision: 5.3    (1) Dentistry; 5.4    (2) Medical Practice; 5.5    (3) Nursing; 5.6    (4) Pharmacy; 5.7    (5) Accountancy; 5.8    (6) Architecture, Engineering, Land Surveying, Landscape Architecture, 5.9Geoscience, and Interior Design; 5.10    (7) Barber Examiners; 5.11    (8) Cosmetology; 5.12    (9) Teaching; 5.13    (10) Peace Officer Standards and Training; 5.14    (11) Social Work; 5.15    (12) Marriage and Family Therapy; 5.16    (13) Dietetics and Nutrition Practice; and 5.17    (14) Licensed Professional Counseling new text begin ; and new text end 5.18     new text begin (15) Combative Sports Commission new text end . 5.19    The executive directors or executive secretaries serving the boards are hired by those 5.20boards and are in the unclassified civil service, except for part-time executive directors 5.21or executive secretaries, who are not required to be in the unclassified service. Boards 5.22not requiring full-time executive directors or executive secretaries may employ them on 5.23a part-time basis. To the extent practicable, the sharing of part-time executive directors 5.24or executive secretaries by boards being serviced by the same department is encouraged. 5.25Persons providing services to those boards not listed in this subdivision, except executive 5.26directors or executive secretaries of the boards and employees of the attorney general, are 5.27classified civil service employees of the department servicing the board. To the extent 5.28practicable, the commissioner shall ensure that staff services are shared by the boards 5.29being serviced by the department. If necessary, a board may hire part-time, temporary 5.30employees to administer and grade examinations. 5.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 5.32    Sec. 6. Minnesota Statutes 2007 Supplement, section 268.047, subdivision 1, is 5.33amended to read: 5.34    Subdivision 1. General rule. Unemployment benefits paid to an applicant, 5.35including extended, additional, and shared work benefits, will be used in computing 6.1the future tax rate of a taxpaying base period employer or charged to the reimbursable 6.2account of a base period nonprofit or government employer that has elected to be liable for 6.3reimbursements except as provided in subdivisions 2 and 3. The amount of unemployment 6.4benefits used in computing the future tax rate of taxpaying employers or charged to the 6.5reimbursable account of a nonprofit or government employer that has elected to be liable 6.6for reimbursements is the same percentage of the total amount of unemployment benefits 6.7paid as the percentage of wage credits from the employer is of the total amount of wage 6.8credits from all the applicant's base period employers. 6.9    In making computations under this subdivision, the amount of wage credits, if not a 6.10whole dollar, must be computed to the nearest whole dollar. 6.11    Sec. 7. Minnesota Statutes 2007 Supplement, section 268.047, subdivision 2, is 6.12amended to read: 6.13    Subd. 2. Exceptions for all employers. Unemployment benefits paid will not be 6.14used in computing the future tax rate of a taxpaying base period employer or charged to 6.15the reimbursable account of a base period nonprofit or government employer that has 6.16elected to be liable for reimbursements when: 6.17    (1) the applicant was discharged from the employment because of aggravated 6.18employment misconduct as determined under section 268.095. This exception applies 6.19only to unemployment benefits paid for periods after the applicant's discharge from 6.20employment; 6.21    (2) an applicant's discharge from that employment occurred because a law required 6.22removal of the applicant from the position the applicant held; 6.23    (3) the employer is in the tourist or recreation industry and is in active operation of 6.24business less than 15 calendar weeks each year and the applicant's wage credits from the 6.25employer are less than 600 times the applicable state or federal minimum wage; 6.26    (4) the employer provided regularly scheduled part-time employment to the 6.27applicant during the applicant's base period and continues to provide the applicant with 6.28regularly scheduled part-time employment during the benefit year of at least 90 percent 6.29of the part-time employment provided in the base period, and is an involved employer 6.30because of the applicant's loss of other employment. This exception terminates effective 6.31the first week that the employer fails to meet the benefit year employment requirements. 6.32This exception applies to educational institutions without consideration of the period 6.33between academic years or terms; 6.34    (5) the employer is a fire department or firefighting corporation or operator of 6.35a life-support transportation service, and continues to provide employment for the 7.1applicant as a volunteer firefighter or a volunteer ambulance service personnel during the 7.2benefit year on the same basis that employment was provided in the base period. This 7.3exception terminates effective the first week that the employer fails to meet the benefit 7.4year employment requirements; 7.5    (6) the applicant's unemployment from this employer was a direct result of the 7.6condemnation of property by a governmental agency, a fire, flood, or act of nature, 7.7where 25 percent or more of the employees employed at the affected location, including 7.8the applicant, became unemployed as a result. This exception does not apply where the 7.9unemployment was a direct result of the intentional act of the employer or a person acting 7.10on behalf of the employer; 7.11    (7) the unemployment benefits were paid by another state as a result of the 7.12transferring of wage credits under a combined wage arrangement provided for in section 7.13268.131 ; 7.14    (8) the applicant stopped working because of a labor dispute at the applicant's 7.15primary place of employment if the employer was not a party to the labor dispute; 7.16    (9) the unemployment benefits were determined overpaid unemployment benefits 7.17under section 268.18; or 7.18    (10) new text begin the applicant was employed as a replacement worker, for a period of six months new text end 7.19 new text begin or longer, for an employee who is in the military reserve and was called for active duty new text end 7.20 new text begin during the time the applicant worked as a replacement, and the applicant was laid off new text end 7.21 new text begin because the employee returned to employment after active duty; or new text end 7.22     new text begin (11) new text end the trust fund was reimbursed for the unemployment benefits by the federal 7.23government. 7.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 7.25    Sec. 8. Minnesota Statutes 2007 Supplement, section 268.085, subdivision 3, is 7.26amended to read: 7.27    Subd. 3. Payments that delay unemployment benefits. (a) An applicant is not 7.28eligible to receive unemployment benefits for any week with respect to which the applicant 7.29is receiving, has received, or has filed for payment, equal to or in excess of the applicant's 7.30weekly unemployment benefit amount, in the form of: 7.31    (1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause 7.32does not apply to new text begin (i) new text end vacation pay paid upon a permanent separation from employment new text begin , or new text end 7.33 new text begin (ii) vacation pay paid from a vacation fund administered by a union or a third party not new text end 7.34 new text begin under the control of the employer new text end ; 8.1    (2) severance pay, bonus pay, sick pay, and any other payments, except earnings 8.2under subdivision 5, and back pay under subdivision 6, paid by an employer because of, 8.3upon, or after separation from employment, but only if the payment is considered wages at 8.4the time of payment under section 268.035, subdivision 29; or 8.5    (3) pension, retirement, or annuity payments from any plan contributed to by a base 8.6period employer including the United States government, except Social Security benefits 8.7that are provided for in subdivision 4. The base period employer is considered to have 8.8contributed to the plan if the contribution is excluded from the definition of wages under 8.9section 268.035, subdivision 29, clause (1). 8.10    An applicant is not considered to have received the lump sum payment if the 8.11applicant immediately deposits that payment in a qualified pension plan or account. 8.12    (b) This subdivision applies to all the weeks of payment. Payments under paragraph 8.13(a), clauses (1) and (2), are applied to the period immediately following the last day 8.14of employment and new text begin . new text end The number of weeks of payment, for purposes of those clauses, 8.15is determined as follows: 8.16    (1) if the payments are made periodically, the total of the payments to be received is 8.17divided by the applicant's last level of regular weekly pay from the employer; or 8.18    (2) if the payment is made in a lump sum, that sum is divided by the applicant's last 8.19level of regular weekly pay from the employer. 8.20    (c) If the payment is less than the applicant's weekly unemployment benefit amount, 8.21unemployment benefits are reduced by the amount of the payment. If the computation 8.22of reduced unemployment benefits is not a whole dollar, it is rounded down to the next 8.23lower whole dollar. 8.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 8.25    Sec. 9. Minnesota Statutes 2007 Supplement, section 268.085, subdivision 16, is 8.26amended to read: 8.27    Subd. 16. Actively seeking suitable employment defined. (a) "Actively seeking 8.28suitable employment" means those reasonable, diligent efforts an individual in similar 8.29circumstances would make if genuinely interested in obtaining suitable employment under 8.30the existing conditions in the labor market area. Limiting the search to positions that are 8.31not available or are above the applicant's training, experience, and qualifications is not 8.32"actively seeking suitable employment." 8.33    (b) To be considered "actively seeking suitable employment" an applicant must, 8.34when reasonable, contact those employers from whom the applicant was laid off because 8.35of lack of work and request suitable employment. 9.1    (c) If reasonable prospects of suitable employment in the applicant's usual or 9.2customary occupation do not exist, the applicant must actively seek other suitable 9.3employment to be considered "actively seeking suitable employment." This applies to an 9.4applicant who is seasonally unemployed. 9.5    (d) An applicant who is seeking employment only through a union is not new text begin considered new text end 9.6actively seeking suitable employment unless new text begin if new text end the applicant is in an occupation where 9.7it is required by union rule that all the hiring in that locality is done through the 9.8union or that all members are new text begin . If the applicant is a union member who is new text end restricted 9.9to obtaining employment among signatory contractors in the construction industry new text begin , new text end 9.10 new text begin seeking employment only with those signatory contractors is considered actively seeking new text end 9.11 new text begin employment new text end . The applicant must be a union member in good standing, registered with 9.12the union for employment, and in compliance with other union rules to be considered 9.13"actively seeking suitable employment." 9.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.15    Sec. 10. Minnesota Statutes 2006, section 268.125, subdivision 1, is amended to read: 9.16    Subdivision 1. Additional unemployment benefits; when available. Additional 9.17unemployment benefits are available if: 9.18    (1) new text begin a county had a total unemployment rate for the prior 12-month period of at least new text end 9.19 new text begin 1.8 times the state average unemployment rate for the prior 12-month period and the state new text end 9.20 new text begin average unemployment rate for the same 12-month period was at least 4.6 percent. The new text end 9.21 new text begin commissioner must calculate the applicable unemployment rates within 30 days following new text end 9.22 new text begin the end of the month. Once it has been calculated that the total unemployment rate in a new text end 9.23 new text begin county equals or exceeds 1.8 times the state average unemployment rate for the prior new text end 9.24 new text begin 12-month period, the additional benefits are available beginning the Sunday following the new text end 9.25 new text begin date of calculation and continuing for a minimum of 13 weeks; or new text end 9.26     new text begin (2) (i) new text end at a facility that had 100 or more employees, the employer reduced operations, 9.27resulting within a one-month period in the layoff of 50 percent or more of the facility's 9.28work force, including reductions caused as a result of a major natural disaster declared by 9.29the president; 9.30    (2) new text begin (ii) new text end the employer has no expressed plan to resume operations that would lead to 9.31the reemployment of those employees in the immediate future; and 9.32    (3) new text begin (iii) new text end the seasonally adjusted unemployment rate in the county that the facility 9.33is located was ten percent or more during the month of the reduction or any of the three 9.34months before or after the month of the reduction. 10.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 10.2 new text begin and applies retroactively from January 1, 2008. new text end 10.3    Sec. 11. Minnesota Statutes 2006, section 268.125, subdivision 2, is amended to read: 10.4    Subd. 2. Payment of unemployment benefits new text begin from trust fund; effect on new text end 10.5 new text begin employer new text end . Additional unemployment benefits are payable from the trust fund. new text begin Additional new text end 10.6 new text begin unemployment benefits paid will not be used in computing the experience rating of a new text end 10.7 new text begin taxpaying employer nor charged to the reimbursing account of a nonprofit or government new text end 10.8 new text begin employer. new text end 10.9    Sec. 12. Minnesota Statutes 2007 Supplement, section 268.125, subdivision 3, is 10.10amended to read: 10.11    Subd. 3. Eligibility conditions. An applicant is eligible to receive additional 10.12unemployment benefits for any week during the applicant's benefit year if: 10.13    (1) new text begin for any week during which benefits are available under subdivision 1, clause (1): new text end 10.14     new text begin (i) the applicant resides in a county that meets the requirements of subdivision 1, new text end 10.15 new text begin clause (1), and resided in that county each week that regular unemployment benefits new text end 10.16 new text begin were paid; new text end 10.17     new text begin (ii) the applicant was not paid unemployment benefits for any week in the 12 months new text end 10.18 new text begin before the effective date of the applicant's benefit account; new text end 10.19     new text begin (iii) the applicant meets the same eligibility requirements that are required for new text end 10.20 new text begin regular unemployment benefits under section 268.069; and new text end 10.21     new text begin (iv) the applicant has exhausted regular unemployment benefits under section new text end 10.22 new text begin 268.07, is not entitled to receive extended unemployment benefits under section 268.115, new text end 10.23 new text begin and is not entitled to receive unemployment benefits under any other state or federal new text end 10.24 new text begin law for that week; or new text end 10.25     new text begin (2) new text end the applicant was laid off from employment as a result of a reduction under 10.26subdivision 1 new text begin , clause (2), new text end or was laid off because of lack of work from that employer 10.27during the three-month period before, or the three-month period after, the month of the 10.28reduction under subdivision 1 new text begin , clause (2) new text end ; 10.29    (2) new text begin (3) new text end the applicant meets the new text begin same new text end eligibility requirements new text begin that are required for new text end 10.30 new text begin regular unemployment benefits new text end under section ; 10.31    (3) the applicant is not ineligible under section because of a quit or a 10.32discharge; 10.33    (4) the applicant has exhausted regular unemployment benefits under section 268.07, 10.34is not entitled to receive extended unemployment benefits under section 268.115, and 11.1is not entitled to receive unemployment benefits under any other state or federal law 11.2for that week; and 11.3    (5) a majority of the applicant's wage credits were from the employer that had a 11.4reduction in operations under subdivision 1 new text begin , clause (2) new text end . 11.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 11.6 new text begin and applies retroactively from January 1, 2008, except clause (1), item (ii), which shall be new text end 11.7 new text begin effective January 1, 2009. new text end 11.8    Sec. 13. Minnesota Statutes 2006, section 268.125, is amended by adding a subdivision 11.9to read: 11.10     new text begin Subd. 6. new text end new text begin Notice. new text end new text begin The commissioner must notify applicants of the availability new text end 11.11 new text begin of additional unemployment benefits by contacting applicants by mail or electronic new text end 11.12 new text begin transmission, by posting a notice on the department's official Web site, and by appropriate new text end 11.13 new text begin announcement. new text end 11.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 11.15    Sec. 14. Minnesota Statutes 2007 Supplement, section 268.19, subdivision 1, is 11.16amended to read: 11.17    Subdivision 1. Use of data. (a) Except as provided by this section, data gathered 11.18from any person under the administration of the Minnesota Unemployment Insurance Law 11.19are private data on individuals or nonpublic data not on individuals as defined in section 11.2013.02, subdivisions 9 and 12 , and may not be disclosed except according to a district court 11.21order or section 13.05. A subpoena is not considered a district court order. These data 11.22may be disseminated to and used by the following agencies without the consent of the 11.23subject of the data: 11.24    (1) state and federal agencies specifically authorized access to the data by state 11.25or federal law; 11.26    (2) any agency of any other state or any federal agency charged with the 11.27administration of an unemployment insurance program; 11.28    (3) any agency responsible for the maintenance of a system of public employment 11.29offices for the purpose of assisting individuals in obtaining employment; 11.30    (4) the public authority responsible for child support in Minnesota or any other 11.31state in accordance with section 256.978; 11.32    (5) human rights agencies within Minnesota that have enforcement powers; 12.1    (6) the Department of Revenue to the extent necessary for its duties under Minnesota 12.2laws; 12.3    (7) public and private agencies responsible for administering publicly financed 12.4assistance programs for the purpose of monitoring the eligibility of the program's 12.5recipients; 12.6    (8) the Department of Labor and Industry and the Division of Insurance Fraud 12.7Prevention in the Department of Commerce for uses consistent with the administration of 12.8their duties under Minnesota law; 12.9    (9) local and state welfare agencies for monitoring the eligibility of the data subject 12.10for assistance programs, or for any employment or training program administered by those 12.11agencies, whether alone, in combination with another welfare agency, or in conjunction 12.12with the department or to monitor and evaluate the statewide Minnesota family investment 12.13program by providing data on recipients and former recipients of food stamps or food 12.14support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 12.15under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; 12.16    (10) local and state welfare agencies for the purpose of identifying employment, 12.17wages, and other information to assist in the collection of an overpayment debt in an 12.18assistance program; 12.19    (11) local, state, and federal law enforcement agencies for the purpose of ascertaining 12.20the last known address and employment location of an individual who is the subject of 12.21a criminal investigation; 12.22    (12) the United States Citizenship and Immigration Services has access to data on 12.23specific individuals and specific employers provided the specific individual or specific 12.24employer is the subject of an investigation by that agency; 12.25    (13) the Department of Health for the purposes of epidemiologic investigations; and 12.26    (14) the Department of Corrections for the purpose of new text begin preconfinement and new text end 12.27postconfinement employment tracking of individuals who had been committed to the 12.28custody of the commissioner of corrections new text begin committed offenders for the purpose of case new text end 12.29 new text begin planning new text end . 12.30    (b) Data on individuals and employers that are collected, maintained, or used by 12.31the department in an investigation under section 268.182 are confidential as to data 12.32on individuals and protected nonpublic data not on individuals as defined in section 12.3313.02, subdivisions 3 and 13 , and must not be disclosed except under statute or district 12.34court order or to a party named in a criminal proceeding, administrative or judicial, for 12.35preparation of a defense. 13.1    (c) Data gathered by the department in the administration of the Minnesota 13.2unemployment insurance program must not be made the subject or the basis for any 13.3suit in any civil proceedings, administrative or judicial, unless the action is initiated by 13.4the department. 13.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 13.6    Sec. 15. Minnesota Statutes 2006, section 341.21, as amended by Laws 2007, chapter 13.7135, article 3, section 30, is amended to read: 13.8341.21 DEFINITIONS. 13.9    Subdivision 1. Applicability. The definitions in this section apply to this chapter. 13.10    Subd. 2. Boxing. "Boxing" means the act of attack and defense with the fists, using 13.11padded gloves, that is practiced as a sport under the rules of the Association of Boxing 13.12Commissions, or equivalent. Where applicable, boxing includes tough person contests. 13.13     new text begin Subd. 2a. new text end new text begin Combatant. new text end new text begin "Combatant" means an individual who employs the act of new text end 13.14 new text begin attack and defense as a boxer, tough person, or mixed martial artist while engaged in new text end 13.15 new text begin a combative sport. new text end 13.16     new text begin Subd. 2b. new text end new text begin Combative sport. new text end new text begin "Combative sport" means a sport that employs the act new text end 13.17 new text begin of attack and defense with the fists, with or without using padded gloves, or feet that is new text end 13.18 new text begin practiced as a sport under the rules of the Association of Boxing Commissions, unified new text end 13.19 new text begin rules for mixed martial arts, or their equivalent. Combative sports include professional new text end 13.20 new text begin boxing and professional and amateur tough person and professional and amateur mixed new text end 13.21 new text begin martial arts contests. new text end 13.22    Subd. 3. Commission. "Commission" means the Minnesota Boxing new text begin Combative new text end 13.23 new text begin Sports new text end Commission. 13.24    Subd. 4. new text begin Combative sports new text end contest. " new text begin Combative sports new text end contest" means any new text begin a new text end 13.25 new text begin professional new text end boxing new text begin , a professional or amateur tough person, or a professional or amateur new text end 13.26 new text begin mixed martial art bout, competition new text end contest, match, or exhibition. 13.27     new text begin Subd. 4a. new text end new text begin Director. new text end new text begin "Director" means the executive director of the commission. new text end 13.28     new text begin Subd. 4b. new text end new text begin HBV. new text end new text begin "HBV" means the hepatitis B virus with the e-antigen present in new text end 13.29 new text begin the most recent blood test. new text end 13.30     new text begin Subd. 4c. new text end new text begin HCV. new text end new text begin "HCV" means the hepatitis C virus. new text end 13.31     new text begin Subd. 4d. new text end new text begin HIV. new text end new text begin "HIV" means the human immunodeficiency virus. new text end 13.32     new text begin Subd. 4e. new text end new text begin Individual. new text end new text begin "Individual" means a living human being. new text end 13.33     new text begin Subd. 4f. new text end new text begin Mixed martial arts contest. new text end new text begin "Mixed martial arts contest" means a contest new text end 13.34 new text begin between two or more individuals consisting of any combination of full contact martial art new text end 14.1 new text begin including, but not limited to, Muay Thai and Karate, kickboxing, wrestling, grappling, new text end 14.2 new text begin or other recognized martial art. new text end 14.3     new text begin Subd. 4g. new text end new text begin Person. new text end new text begin "Person" means an individual, corporation, partnership, limited new text end 14.4 new text begin liability company, organization, or other business entity organized and existing under law, new text end 14.5 new text begin its officers and directors, or a person holding 25 percent or more of the ownership of a new text end 14.6 new text begin corporation that is authorized to do business under the laws of this state. new text end 14.7    Subd. 5. Professional. "Professional" means any person who competes for any 14.8money prize or a prize that exceeds the value of $50 or teaches, pursues, or assists in the 14.9practice of boxing new text begin a combative sport new text end as a means of obtaining a livelihood or pecuniary 14.10gain. 14.11    Subd. 6. Director. "Director" means the executive director of the commission. 14.12    Subd. 7. Tough person contest. "Tough person contest," including contests 14.13marketed as tough man and new text begin or new text end tough woman contests, means any boxing match consisting new text begin new text end 14.14 new text begin a contest new text end of one-minute rounds new text begin two-minute rounds consisting of not more than four rounds new text end 14.15between two or more persons new text begin individuals new text end who use their hands, or their feet, or both, in any 14.16manner. Tough person contest does not include kick boxing new text begin kickboxing new text end or any recognized 14.17martial arts competition new text begin contest new text end . 14.18    Subd. 8. Mixed martial arts. "Mixed martial arts" means any combination of 14.19boxing, kick boxing, wrestling, grappling, or other recognized martial arts. 14.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 14.21    Sec. 16. Minnesota Statutes 2007 Supplement, section 341.22, is amended to read: 14.22341.22 BOXING new text begin COMBATIVE SPORTS new text end COMMISSION. 14.23    There is hereby created the Minnesota Boxing new text begin Combative Sports new text end Commission 14.24consisting of nine members who are citizens of this state. The members must be appointed 14.25by the governor. One member of the commission must be a retired judge of the Minnesota 14.26district court, Minnesota Court of Appeals, Minnesota Supreme Court, the United States 14.27District Court for the District of Minnesota, or the Eighth Circuit Court of Appeals, and 14.28at least three new text begin four new text end members must have knowledge of the boxing industry. At least four 14.29members must have knowledge of the mixed martial arts industry. The governor shall 14.30make serious efforts to appoint qualified women to serve on the commission. Membership 14.31terms, compensation of members, removal of members, the filling of membership 14.32vacancies, and fiscal year and reporting requirements must be as provided in sections 14.33214.07 to 214.09. new text begin Unless otherwise provided, new text end the provision of staff, administrative 14.34services, and office space; the review and processing of complaints; the setting of fees; and 15.1other provisions relating to commission operations must be new text begin are new text end as provided in chapter 214. 15.2The purpose of the commission is to protect health, promote safety, and ensure fair events. 15.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 15.4    Sec. 17. Minnesota Statutes 2006, section 341.23, is amended to read: 15.5341.23 LIMITATIONS. 15.6    No member of the Boxing commission may directly or indirectly promote a boxing 15.7contest, directly or indirectly engage in the managing of a boxer new text begin combatant new text end , or have an 15.8interest in any manner in the proceeds from a boxing new text begin combative sports new text end contest. 15.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 15.10    Sec. 18. Minnesota Statutes 2007 Supplement, section 341.25, is amended to read: 15.11341.25 RULES. 15.12    (a) The commission may adopt rules that include standards for the physical 15.13examination and condition of boxers new text begin combatants new text end and referees. 15.14    (b) The commission may adopt other rules necessary to carry out the purposes of 15.15this chapter, including, but not limited to, the conduct of boxing exhibitions, bouts, and 15.16fights, new text begin all combative sports contests new text end and their manner, supervision, time, and place. 15.17    (c) The commission must adopt unified rules for mixed martial arts new text begin contests new text end . 15.18     new text begin (d) The commission may adopt the rules of the Association of Boxing Commissions, new text end 15.19 new text begin with amendments. new text end 15.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 15.21    Sec. 19. Minnesota Statutes 2006, section 341.26, is amended to read: 15.22341.26 MEETINGS. 15.23    The commission shall hold a regular meeting quarterly and may hold special 15.24meetings. Except as otherwise provided in law, all meetings of the commission must be 15.25open to the public and reasonable notice of the meetings must be given under chapter 15.2613D. new text begin If compliance with section 13D.02 is impractical, the commission may conduct a new text end 15.27 new text begin meeting of its members by telephone or other electronic means so long as the following new text end 15.28 new text begin conditions are met: new text end 15.29     new text begin (1) all members of the commission participating in the meeting, wherever their new text end 15.30 new text begin physical location, can hear one another and can hear all discussion and testimony; new text end 16.1     new text begin (2) members of the public present at the regular meeting location of the commission new text end 16.2 new text begin can hear clearly all discussion and testimony and all votes of members of the commission new text end 16.3 new text begin and, if needed, receive those services required by sections 15.44 and 15.441; new text end 16.4     new text begin (3) at least one member of the commission is physically present at the regular new text end 16.5 new text begin meeting location; and new text end 16.6     new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be new text end 16.7 new text begin identified and recorded. new text end 16.8     new text begin Each member of the commission participating in a meeting by telephone or other new text end 16.9 new text begin electronic means is considered present at the meeting for purposes of determining a new text end 16.10 new text begin quorum and participating in all proceedings. new text end 16.11     new text begin If a telephone or other electronic means is used to conduct a regular, special, or new text end 16.12 new text begin emergency meeting, the commission, to the extent practical, shall allow a person to new text end 16.13 new text begin monitor the meeting electronically from a remote location. The commission may require new text end 16.14 new text begin the person making such a connection to pay for documented costs that the commission new text end 16.15 new text begin incurs as a result of the additional connection. new text end 16.16     new text begin If a telephone or other electronic means is used to conduct a regular, special, or new text end 16.17 new text begin emergency meeting, the commission shall provide notice of the regular meeting location, new text end 16.18 new text begin of the fact that some members may participate by telephone or other electronic means, and new text end 16.19 new text begin that a person may monitor the meeting electronically from a remote location. The timing new text end 16.20 new text begin and method of providing notice is governed by section 13D.04. new text end 16.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 16.22    Sec. 20. Minnesota Statutes 2007 Supplement, section 341.27, is amended to read: 16.23341.27 COMMISSION DUTIES. 16.24    The commission shall: 16.25    (1) issue, deny, renew, suspend, or revoke licenses; 16.26    (2) make and maintain records of its acts and proceedings including the issuance, 16.27denial, renewal, suspension, or revocation of licenses; 16.28    (3) keep public records of the commission open to inspection at all reasonable times; 16.29    (4) assist the director in the development of rules to be implemented under this 16.30chapter; 16.31    (5) conform to the rules adopted under this chapter; and 16.32    (6) develop policies and procedures for regulating mixed martial arts new text begin ; new text end 16.33     new text begin (7) immediately suspend an individual license for a medical condition, including but new text end 16.34 new text begin not limited to a medical condition resulting from an injury sustained during a match, bout, new text end 17.1 new text begin or contest that has been confirmed by the ringside physician. The medical suspension must new text end 17.2 new text begin be lifted after the commission receives written information from a physician licensed in new text end 17.3 new text begin the home state of the licensee indicating that the combatant may resume competition, and new text end 17.4 new text begin any other information that the commission may by rule require. Medical suspensions are new text end 17.5 new text begin not subject to section 214.10; and new text end 17.6     new text begin (8) evaluate the performance and compensation of the director, including eligibility new text end 17.7 new text begin for salary increases, in keeping with state procedures new text end . 17.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 17.9    Sec. 21. new text begin [341.271] GIFT AUTHORITY. new text end 17.10     new text begin The commission may apply for, receive, and expend in its own name grants and new text end 17.11 new text begin gifts of money consistent with the powers and duties specified in section 341.27. The new text end 17.12 new text begin commission may accept gifts, bequests, grants, payments for services, and other public new text end 17.13 new text begin and private money to help finance the activities of the commission. new text end 17.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 17.15    Sec. 22. Minnesota Statutes 2006, section 341.28, as amended by Laws 2007, chapter 17.16135, article 3, sections 34, 35, is amended to read: 17.17341.28 REGULATION OF BOXING new text begin COMBATIVE SPORTS new text end CONTESTS. 17.18    Subdivision 1. Regulatory authority; boxing new text begin combative sports new text end . All professional 17.19boxing new text begin combative sports new text end contests are subject to this chapter. Every contestant in a boxing 17.20contest shall wear padded gloves that weigh at least eight ounces. The commission shall, 17.21for every boxing new text begin combative sports new text end contest: 17.22    (1) direct a commission member to be present; and 17.23    (2) direct the attending commission member to make a written report of the contest. 17.24    All boxing new text begin combative sports new text end contests within this state must be conducted according 17.25to the requirements of this chapter. 17.26     new text begin Subd. 1a. new text end new text begin Regulatory authority; boxing contests. new text end new text begin All professional boxing contests new text end 17.27 new text begin are subject to this chapter. Every combatant in a boxing contest shall wear padded gloves new text end 17.28 new text begin that weigh at least eight ounces. Officials at all boxing contests must be licensed under new text end 17.29 new text begin this chapter. new text end 17.30    Subd. 2. Regulatory authority; tough person contests. All new text begin professional and new text end 17.31 new text begin amateur new text end tough person contests, including amateur tough person contests, are subject to 17.32this chapter. All tough person contests are subject to American new text begin Association of new text end Boxing 17.33Commission (ABC) new text begin Commission's new text end rules. Every contestant in a tough person contest shall 18.1have a physical examination prior to their bouts. Every contestant in a tough person 18.2contest shall wear padded gloves that weigh at least 12 ounces. All tough person bouts are 18.3limited to two-minute rounds and a maximum of four total rounds. Officials at new text begin all new text end tough 18.4person bouts new text begin contests new text end shall be licensed under this chapter. 18.5    Subd. 3. Regulatory authority; new text begin mixed martial arts contests; new text end similar sporting 18.6events. All new text begin professional and amateur new text end mixed martial arts, ultimate fight contests, and 18.7similar sporting events are subject to this chapter new text begin and all officials at these events must be new text end 18.8 new text begin licensed under this chapter new text end . 18.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 18.10    Sec. 23. Minnesota Statutes 2006, section 341.29, is amended to read: 18.11341.29 JURISDICTION OF COMMISSION. 18.12    The commission shall: 18.13    (1) have sole direction, supervision, regulation, control, and jurisdiction over all 18.14boxing new text begin combative sports new text end contests and tough person contests new text begin that are new text end held within this state 18.15unless a contest is exempt from the application of this chapter under federal law; 18.16    (2) have sole control, authority, and jurisdiction over all licenses required by this 18.17chapter; and 18.18    (3) grant a license to an applicant if, in the judgment of the commission, the financial 18.19responsibility, experience, character, and general fitness of the applicant are consistent 18.20with the public interest, convenience, or necessity and the best interests of boxing new text begin new text end 18.21 new text begin combative sports new text end and conforms with this chapter and the commission's rules. 18.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 18.23    Sec. 24. Minnesota Statutes 2006, section 341.30, is amended to read: 18.24341.30 LICENSURE REQUIREMENTS. 18.25    Subdivision 1. Licensure; individuals. All referees, judges, matchmakers, 18.26promoters, trainers, ring announcers, timekeepers, ringside physicians, boxers new text begin combatants new text end , 18.27boxers' managers, and boxers' seconds are required to be licensed by the commission. 18.28The commission shall not permit any of these persons to participate in the holding or 18.29conduct of any boxing new text begin combative sports new text end contest unless the commission has first issued 18.30the person a license. 18.31    Subd. 2. Entity licensure. Before participating in the holding or conduct of any 18.32boxing new text begin combative sports new text end contest, a corporation, partnership, limited liability company, 18.33or other business entity organized and existing under law, its officers and directors, and 19.1any person holding 25 percent or more of the ownership of the corporation shall obtain 19.2a license from the commission and must be authorized to do business under the laws of 19.3this state. 19.4    Subd. 3. Background investigation. The commission may require referees, judges, 19.5matchmakers, promoters, and boxers new text begin combatants new text end to furnish fingerprints and background 19.6information under commission rules before licensure. The commission shall charge a fee 19.7for receiving fingerprints and background information in an amount determined by the 19.8commission. The commission may require referees, judges, matchmakers, promoters, 19.9and boxers new text begin combatants new text end to furnish fingerprints and background information before 19.10license renewal. The fee may include a reasonable charge for expenses incurred by the 19.11commission or the Department of Public Safety. For this purpose, the commission and the 19.12Department of Public Safety may enter into an interagency agreement. 19.13    Subd. 4. Prelicensure requirements. (a) Before the commission issues a license to 19.14a promoter, matchmaker, corporation, or other business entity, the applicant shall: 19.15    (1) provide the commission with a copy of any agreement between a contestant new text begin new text end 19.16 new text begin combatant new text end and the applicant that binds the applicant to pay the contestant new text begin combatant new text end a 19.17certain fixed fee or percentage of the gate receipts; 19.18    (2) show on the application the owner or owners of the applicant entity and the 19.19percentage of interest held by each owner holding a 25 percent or more interest in the 19.20applicant; 19.21    (3) provide the commission with a copy of the latest financial statement of the 19.22entity; and 19.23    (4) provide the commission with a copy or other proof acceptable to the commission 19.24of the insurance contract or policy required by this chapter. 19.25    (b) Before the commission issues a license to a promoter, the applicant shall deposit 19.26with the commission a cash bond or surety bond in an amount set by the commission. 19.27The bond shall be executed in favor of this state and shall be conditioned on the faithful 19.28performance by the promoter of the promoter's obligations under this chapter and the rules 19.29adopted under it. new text begin An applicant for a license as a promoter shall submit an application a new text end 19.30 new text begin minimum of six weeks before the combative sports contest is scheduled to occur. new text end 19.31    (c) Before the commission issues a license to a boxer new text begin combatant new text end , the applicant 19.32shall submit to the commission the results of a current medical examination on forms 19.33furnished or approved by the commission. The medical examination must include an 19.34ophthalmological and neurological examination new text begin , and documentation of test results for new text end 19.35 new text begin HBV, HCV, and HIV, and any other blood test as the commission by rule may require new text end . 19.36The ophthalmological examination must be designed to detect any retinal defects or other 20.1damage or condition of the eye that could be aggravated by boxing new text begin combative sports new text end . The 20.2neurological examination must include an electroencephalogram or medically superior 20.3test if the boxer new text begin combatant new text end has been knocked unconscious in a previous boxing or other 20.4athletic competition new text begin contest new text end . The commission may also order an electroencephalogram 20.5or other appropriate neurological or physical examination before any contest, match, or 20.6exhibition if it determines that the examination is desirable to protect the health of the 20.7boxer. new text begin combatant. The commission shall not issue a license to an applicant submitting new text end 20.8 new text begin positive test results for HBV, HCV, or HIV. new text end 20.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 20.10    Sec. 25. Minnesota Statutes 2006, section 341.32, as amended by Laws 2007, chapter 20.11135, article 3, section 36, is amended to read: 20.12341.32 LICENSE FEES; EXPIRATION; RENEWAL. 20.13    Subdivision 1. Annual licensure. The commission may establish and issue annual 20.14licenses subject to the collection of advance fees by the commission for promoters, 20.15matchmakers, managers, judges, referees, ring announcers, ringside physicians, 20.16timekeepers, boxers new text begin combatants new text end , boxers' trainers, boxers' seconds, business entities filing 20.17for a license to participate in the holding of any boxing contest, and officers, directors, or 20.18other persons affiliated with the business entity. 20.19    Subd. 2. Expiration and renewal. A license issued after July 1, 2007, is valid for 20.20one year from the date it is issued and may be renewed by filing an application for renewal 20.21with the commission and payment of the license fee new text begin fees established in section 341.321 new text end . 20.22An application for a license and renewal of a license must be on a form provided by the 20.23commission. There is a 30-day grace period during which a license may be renewed if a 20.24late filing penalty fee equal to the license fee is submitted with the regular license fee. 20.25A licensee that files late shall not conduct any activity regulated by this chapter until the 20.26commission has renewed the license. If the licensee fails to apply to the commission within 20.27the 30-day grace period, the licensee must apply for a new license under subdivision 1. 20.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 20.29    Sec. 26. Minnesota Statutes 2007 Supplement, section 341.321, is amended to read: 20.30341.321 FEE SCHEDULE. 20.31    (a) The fee schedule for new text begin professional new text end licenses issued by the Minnesota Boxing 20.32commission is as follows: 20.33    (1) referees, $45 new text begin $25 new text end for each initial license and each renewal; 21.1    (2) promoters, $400 for each initial license and each renewal; 21.2    (3) judges and knockdown judges, $45 new text begin $25 new text end for each initial license and each renewal; 21.3    (4) trainers, $45 new text begin $25 new text end for each initial license and each renewal; 21.4    (5) ring announcers, $45 new text begin $25 new text end for each initial license and each renewal; 21.5    (6) boxers' seconds, $45 new text begin $25 new text end for each initial license and each renewal; 21.6    (7) timekeepers, $45 new text begin $25 new text end for each initial license and each renewal; 21.7    (8) boxers new text begin combatants new text end , $45 new text begin $25 new text end for each initial license and each renewal; 21.8    (9) managers, $45 new text begin $25 new text end for each initial license and each renewal; and 21.9    (10) ringside physicians, $45 new text begin $25 new text end for each initial license and each renewal. 21.10 new text begin In addition to the license fee and the late filing penalty fee in section 341.32, subdivision new text end 21.11 new text begin 2, if applicable, an individual who applies for a combatant license on the same day the new text end 21.12 new text begin combative sporting event is held shall pay a fee of $100 at the time the application is new text end 21.13 new text begin submitted. new text end 21.14    (b) new text begin The fee schedule for amateur licenses issued by the commission is as follows: new text end 21.15     new text begin (1) referees, $10 for each initial license and each renewal; new text end 21.16     new text begin (2) promoters, $100 for each initial license and each renewal; new text end 21.17     new text begin (3) judges and knockdown judges, $10 for each initial license and each renewal; new text end 21.18     new text begin (4) trainers, $10 for each initial license and each renewal; new text end 21.19     new text begin (5) ring announcers, $10 for each initial license and each renewal; new text end 21.20     new text begin (6) seconds, $10 for each initial license and each renewal; new text end 21.21     new text begin (7) timekeepers, $10 for each initial license and each renewal; new text end 21.22     new text begin (8) combatants, $10 for each initial license and each renewal; new text end 21.23     new text begin (9) managers, $10 for each initial license and each renewal; and new text end 21.24     new text begin (10) ringside physicians, $10 for each initial license and each renewal. new text end 21.25     new text begin (c) new text end The commission shall establish and assess an event new text begin a contest new text end fee for each sporting 21.26event new text begin combative sports contest new text end . The event new text begin contest new text end fee is set at a minimum of $1,500 per 21.27event or a percentage new text begin not more than four percent new text end of the new text begin gross new text end ticket sales as determined by 21.28the commission when the sporting event new text begin combative sports contest new text end is scheduled new text begin , except that new text end 21.29 new text begin the amateur combative sports contest fee shall be $150 new text end . new text begin The commission shall consider the new text end 21.30 new text begin size and type of venue when establishing a contest fee. The commission may establish the new text end 21.31 new text begin maximum number of complimentary tickets allowed for each event by rule. An amateur new text end 21.32 new text begin combative sports contest fee is nonrefundable. new text end 21.33    (c) new text begin (d) new text end All fees new text begin and penalties new text end collected by the Minnesota Boxing commission must 21.34be deposited in the Boxing commission account in the special revenue fund. 21.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 22.1    Sec. 27. Minnesota Statutes 2006, section 341.33, is amended to read: 22.2341.33 PHYSICAL EXAMINATION REQUIRED; FEES. 22.3    Subdivision 1. Examination by physician. All boxers and referees new text begin combatants new text end 22.4must be examined by a physician licensed by this state within three new text begin 36 new text end hours before 22.5entering the ring, and the examining physician shall immediately file with the commission 22.6a written report of the examination. The physician's examination shall new text begin may new text end report on the 22.7condition of the boxer's new text begin combatant's new text end heart and general physical and new text begin general new text end neurological 22.8condition. The physician's report may record the condition of the boxer's new text begin combatant's new text end 22.9nervous system and brain as required by the commission. The physician may prohibit the 22.10boxer new text begin combatant new text end from entering the ring if, in the physician's professional opinion, it is in 22.11the best interest of the boxer's new text begin combatant's new text end health. The cost of the examination is payable 22.12by the person or entity conducting the contest or exhibition. 22.13    Subd. 2. Attendance of physician. A person holding or sponsoring a boxing contest new text begin new text end 22.14 new text begin combative sports contest, new text end shall have in attendance a physician licensed by this state. The 22.15commission may establish a schedule of fees to be paid to each attending physician by the 22.16person holding or sponsoring the contest. 22.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 22.18    Sec. 28. Minnesota Statutes 2006, section 341.34, subdivision 1, is amended to read: 22.19    Subdivision 1. Required insurance. The commission shall: 22.20    (1) require insurance coverage for a boxer new text begin combatant new text end to provide for medical, 22.21surgical, and hospital care for injuries sustained in the ring in an amount of at least 22.22$20,000 new text begin $10,000 new text end and payable to the boxer new text begin combatant new text end as beneficiary; and 22.23    (2) require life insurance for a boxer new text begin combatant new text end in the amount of at least $20,000 new text begin new text end 22.24 new text begin $10,000 new text end payable in case of accidental death resulting from injuries sustained in the ring. 22.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 22.26    Sec. 29. Minnesota Statutes 2006, section 341.35, is amended to read: 22.27341.35 PENALTIES FOR NONLICENSED EXHIBITIONS new text begin CONTESTS new text end . 22.28    Any person or persons who send or cause to be sent, published, or otherwise made 22.29known, any challenge to fight what is commonly known as a prize fight, or engage in any 22.30public boxing or sparring new text begin combative sports new text end match or contest, with or without gloves, for 22.31any prize, reward, or compensation, or for which any admission fee is charged directly or 22.32indirectly, or go into training preparatory for the fight, exhibition, or contest, or act as a 22.33trainer, aider, abettor, backer, umpire, referee, second, surgeon, assistant, or attendant at 23.1the fight, exhibition, or contest, or in any preparation for same, and any owner or lessee of 23.2any ground, building, or structure of any kind permitting the same to be used for any fight, 23.3exhibition, or contest, is guilty of a misdemeanor unless a license new text begin the licenses required new text end for 23.4the holding of the fight, exhibition, or contest has new text begin have new text end been issued by the commission in 23.5compliance with the rules adopted by it. 23.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 23.7    Sec. 30. new text begin [341.355] PENALTIES. new text end 23.8     new text begin When the commission finds that a person has violated one or more provisions of new text end 23.9 new text begin any statute, rule, or order that the commission is empowered to regulate, enforce, or new text end 23.10 new text begin issue, the commission may impose, for each violation, a civil penalty of up to $10,000 new text end 23.11 new text begin for each violation, or a civil penalty that deprives the person of any economic advantage new text end 23.12 new text begin gained by the violation, or both. new text end 23.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 23.14    Sec. 31. Minnesota Statutes 2006, section 341.37, is amended to read: 23.15341.37 APPROPRIATION. 23.16    A Boxing commission account is created in the special revenue fund. Money in the 23.17account is annually appropriated to the Boxing commission for the purposes of conducting 23.18its statutory responsibilities and obligations. 23.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 23.20    Sec. 32. new text begin [469.35] TRANSIT IMPROVEMENT AREA ACCOUNTS. new text end 23.21     new text begin Two transit improvement area accounts are created, one in the general fund and one new text end 23.22 new text begin in the bond proceeds fund. Money in the accounts may be used to make grants or loans as new text end 23.23 new text begin provided in section 469.351 and for the commissioner's costs in reviewing applications new text end 23.24 new text begin and making loans or grants. Money in the accounts must not be used to pay for the new text end 23.25 new text begin operation of transit lines or the construction or operating costs of transit stations. new text end 23.26    Sec. 33. new text begin [469.351] TRANSIT IMPROVEMENT AREA LOAN PROGRAM. new text end 23.27     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) The terms defined in this section have the meanings new text end 23.28 new text begin given them and apply to sections 469.35 and 469.351. new text end 23.29     new text begin (b) "Applicant" means a local governmental unit or a joint powers board, established new text end 23.30 new text begin under section 471.59. new text end 24.1     new text begin (c) "Commissioner" means the commissioner of employment and economic new text end 24.2 new text begin development. new text end 24.3     new text begin (d) "Eligible organization" means an applicant that has been designated as a transit new text end 24.4 new text begin improvement area by the commissioner. new text end 24.5     new text begin (e) "Local governmental unit" means a statutory or home rule charter city or town, new text end 24.6 new text begin or a county. new text end 24.7     new text begin (f) "Transit improvement area" means a geographic area designated by the new text end 24.8 new text begin commissioner composed of land parcels that are in proximity to a transit station. new text end 24.9     new text begin (g) "Transit station" means a physical structure to support the interconnection of new text end 24.10 new text begin public transit modes including at least one of the following modes: bus rapid transit, new text end 24.11 new text begin light rail transit, and commuter rail. new text end 24.12     new text begin Subd. 2. new text end new text begin Designation of transit improvement areas. new text end new text begin A transit improvement area new text end 24.13 new text begin must increase the effectiveness of a transit project by incorporating one or more public new text end 24.14 new text begin transit modes with commercial and housing development and by providing for safe new text end 24.15 new text begin and pleasant pedestrian use. The commissioner, in consultation with affected state and new text end 24.16 new text begin regional agencies, must designate transit improvement areas that meet the objectives new text end 24.17 new text begin under this subdivision. Affected state and regional agencies include, but are not limited to, new text end 24.18 new text begin the Minnesota Department of Transportation, the Minnesota Housing Finance Agency, new text end 24.19 new text begin and the Metropolitan Council for transit improvement areas located in the seven-county new text end 24.20 new text begin metropolitan region. To be eligible for designation, an applicant must submit a transit new text end 24.21 new text begin area improvement plan according to the requirements and timelines established by the new text end 24.22 new text begin commissioner. At a minimum, the plan must include the information specified under new text end 24.23 new text begin subdivision 3. The commissioner may modify an applicant's plan to better achieve the new text end 24.24 new text begin objectives of transit improvement areas. The commissioner must notify applicants of the new text end 24.25 new text begin designations and must provide a statement of any changes to an applicant's plan with new text end 24.26 new text begin justification for all changes. new text end 24.27     new text begin Subd. 3. new text end new text begin Transit area improvement plan. new text end new text begin (a) An applicant must adopt a transit area new text end 24.28 new text begin improvement plan by resolution before submitting the application to the commissioner new text end 24.29 new text begin with the information required in this subdivision. Each transit area improvement plan new text end 24.30 new text begin must include the following: new text end 24.31     new text begin (1) a map indicating the geographic boundaries of the transit improvement area; new text end 24.32     new text begin (2) an analysis of the demographic mix of people who are anticipated to use the new text end 24.33 new text begin transit station; new text end 24.34     new text begin (3) a description of the ownership and intended use of public and private facilities new text end 24.35 new text begin to be constructed in the transit improvement area, including infrastructure, buildings new text end 24.36 new text begin and other structures, and parks; new text end 25.1     new text begin (4) a description of pedestrian-friendly improvements to be provided, including new text end 25.2 new text begin walkways, parkways, and signage; new text end 25.3     new text begin (5) a statement of findings that the redevelopment or development of the transit new text end 25.4 new text begin improvement area promotes higher density land uses resulting in increased transit new text end 25.5 new text begin ridership; new text end 25.6     new text begin (6) a statement of the anticipated sources and amounts of local public funds; new text end 25.7     new text begin (7) a statement of the anticipated sources and amounts of private funds; new text end 25.8     new text begin (8) a statement of the anticipated sources and amounts of leveraged regional, state, new text end 25.9 new text begin and federal funds; new text end 25.10     new text begin (9) a description of the linkages to existing and proposed local, regional, and state new text end 25.11 new text begin transit systems; and new text end 25.12     new text begin (10) a description of other factors in the proposed development to increase ridership. new text end 25.13     new text begin (b) Transit improvement area plans with a residential component must propose at new text end 25.14 new text begin least 12 residential units per acre or a density bonus that allows for an increase in the new text end 25.15 new text begin number of residential units over what is permitted by the underlying zoning. The plan new text end 25.16 new text begin must include a description of the variety of housing types, including housing appropriate new text end 25.17 new text begin for low income persons, disabled persons, and senior citizens and the prices for each new text end 25.18 new text begin housing type within the transit improvement area. new text end 25.19     new text begin Subd. 4. new text end new text begin Transit improvement area loans. new text end new text begin (a) The commissioner may make low or new text end 25.20 new text begin no-interest loans to eligible organizations to be used for eligible costs under paragraph (b). new text end 25.21 new text begin A loan must be used for a designated transit improvement area, under the following terms: new text end 25.22     new text begin (1) the eligible organization must guarantee repayment of 100 percent of the loan; new text end 25.23     new text begin (2) a loan must be for a term of ten years, unless repayment is from a tax increment new text end 25.24 new text begin financing district or other state or federal funds, at an interest rate to be negotiated by new text end 25.25 new text begin the commissioner; new text end 25.26     new text begin (3) the eligible organization must make annual interest-only payments during the new text end 25.27 new text begin ten-year term of the loan; new text end 25.28     new text begin (4) the eligible organization must pay the entire principal amount of the initial loan new text end 25.29 new text begin at the end of the ten-year term; new text end 25.30     new text begin (5) a loan may not exceed $2,000,000; new text end 25.31     new text begin (6) the commissioner must advance the full amount of the loan to the eligible new text end 25.32 new text begin organization upon execution of a formal loan agreement specifying the terms of the loan, new text end 25.33 new text begin as well as reporting and other requirements outlined in subdivision 5; new text end 25.34     new text begin (7) the eligible organization must maintain the funds in accounts that allow the funds new text end 25.35 new text begin to be readily available for business investments; new text end 26.1     new text begin (8) the eligible organization and the commissioner may agree on contract new text end 26.2 new text begin specifications that are consistent with payback from a tax increment financing district or new text end 26.3 new text begin from any other state and federal funds that may be forthcoming; and new text end 26.4     new text begin (9) an eligible organization that receives a loan must report annually, in a format new text end 26.5 new text begin prescribed by the commissioner, on the nature and amount of the business investments in new text end 26.6 new text begin the transit improvement area, including an account of each financing transaction involving new text end 26.7 new text begin loans received under this section, the types and amounts of financing from sources other new text end 26.8 new text begin than the transit improvement area loan, the number of jobs created, and the amount of new text end 26.9 new text begin private sector and nonstate investment leveraged. new text end 26.10     new text begin (b) Loans under this section must be used to supplement and not replace funding new text end 26.11 new text begin from existing sources or programs. Loans must not be used for the construction costs of new text end 26.12 new text begin transit stations; transit systems; or the operating costs of public transit or transportation, new text end 26.13 new text begin including, but not limited to, the costs of maintaining, staffing, or operating transit new text end 26.14 new text begin stations. Loans from the bond proceeds fund must be spent to acquire and to better new text end 26.15 new text begin publicly owned land and buildings and other public improvements of a capital nature. new text end 26.16 new text begin Loans can be used for the following eligible expenditures according to an approved transit new text end 26.17 new text begin area improvement plan: new text end 26.18     new text begin (1) clearing land; new text end 26.19     new text begin (2) relocation costs; new text end 26.20     new text begin (3) corrections for soil, including removing or remediation of hazardous substances; new text end 26.21     new text begin (4) construction or installation of walkways, bridges or tunnels for pedestrians, new text end 26.22 new text begin bikeways, parking facilities, and signage; new text end 26.23     new text begin (5) improvements to streetscapes; new text end 26.24     new text begin (6) construction of public infrastructure to support construction of new affordable new text end 26.25 new text begin housing, senior housing, or housing for disabled persons; new text end 26.26     new text begin (7) construction of public infrastructure to support job creation in the area, especially new text end 26.27 new text begin small business development; new text end 26.28     new text begin (8) developing green spaces and parks; and new text end 26.29     new text begin (9) administrative expenses of the authority. new text end 26.30     new text begin (c) All loan repayments under this section must be made to the appropriate account new text end 26.31 new text begin under section 469.35 for reinvestment in transit improvement areas. new text end 26.32     new text begin Subd. 5. new text end new text begin Loan requirements. new text end new text begin All loans under this section are subject to an new text end 26.33 new text begin investment agreement that must include: new text end 26.34     new text begin (1) a description of the eligible organization, including business finance experience, new text end 26.35 new text begin qualifications, and investment history; new text end 26.36     new text begin (2) a description of the uses of investment proceeds by the eligible organization; new text end 27.1     new text begin (3) an explanation of the investment objectives; and new text end 27.2     new text begin (4) a description of the method of payment. new text end 27.3    Sec. 34. Laws 2002, chapter 382, article 2, section 5, subdivision 3, as added by Laws 27.42003, chapter 128, article 9, section 10, subdivision 3, is amended to read: 27.5    Subd. 3. Removal of area. After adopting the first plan, any of the local 27.6governmental units can elect not to be included within the central iron range sanitary 27.7sewer district by delivering a written resolution of the governing body of the governmental 27.8unit to the central iron range sanitary sewer district within 60 new text begin 180 new text end days of adoption of the 27.9first comprehensive plan. The area of the local governmental unit shall then be removed 27.10from the district. 27.11    Sec. 35. new text begin CENTRAL IRON RANGE SANITARY SEWER DISTRICT. new text end 27.12     new text begin Local approval of Laws 2003, chapter 128, article 9, amending portions of Laws new text end 27.13 new text begin 2002, chapter 382, article 2, having been timely completed by the cities of Hibbing, Buhl, new text end 27.14 new text begin Chisholm, and Kinney, and the town boards of the towns of Balkan and Great Scott, new text end 27.15 new text begin is approval of Laws 2002, chapter 382, article 2. Laws 2002, chapter 382, article 2, is new text end 27.16 new text begin effective December 27, 2003, upon completion of local approval of this section under new text end 27.17 new text begin Minnesota Statutes, section 645.021, subdivision 2. Actions undertaken in accordance new text end 27.18 new text begin with Laws 2002, chapter 382, article 2, as amended by Laws 2003, chapter 128, article new text end 27.19 new text begin 9, are validated by this section. new text end 27.20    Sec. 36. new text begin INITIAL ADMINISTRATION. new text end 27.21     new text begin Subdivision 1. new text end new text begin Convening authority. new text end new text begin The commissioner of employment and new text end 27.22 new text begin economic development or the commissioner's designee shall convene the initial new text end 27.23 new text begin organizational meeting of the trade policy advisory group. new text end 27.24     new text begin Subd. 2. new text end new text begin Deadline for appointments and designations. new text end new text begin The appointments and new text end 27.25 new text begin designations authorized by Minnesota Statutes, section 116J.977, subdivision 2, must be new text end 27.26 new text begin complete by September 30, 2008. new text end 27.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 27.28    Sec. 37. new text begin REVISOR'S INSTRUCTION; UNEMPLOYMENT INSURANCE new text end 27.29 new text begin TECHNICAL CHANGES. new text end 27.30     new text begin The revisor of statutes shall make the following changes in Minnesota Statutes: new text end 27.31     new text begin (1) renumber Minnesota Statutes, section 268.196, subdivision 3, as Minnesota new text end 27.32 new text begin Statutes, section 268.199; new text end 28.1     new text begin (2) renumber Minnesota Statutes, section 268.196, subdivision 4, as Minnesota new text end 28.2 new text begin Statutes, section 268.211; new text end 28.3     new text begin (3) change "additional assessments" to "special assessments" and change "shall" to new text end 28.4 new text begin "must" in Minnesota Statutes, section 268.051, subdivision 1; new text end 28.5     new text begin (4) change "referee" to "unemployment law judge" in Minnesota Statutes, section new text end 28.6 new text begin 10A.01, subdivision 35, clause (11); new text end 28.7     new text begin (5) change "determination of eligibility or ineligibility" to "determination of new text end 28.8 new text begin eligibility or determination of ineligibility" in Minnesota Statutes, section 268.101, new text end 28.9 new text begin subdivision 4; new text end 28.10     new text begin (6) change "shall be" to "is" in Minnesota Statutes, section 268.115, subdivision 8; new text end 28.11     new text begin (7) change "shall be" to "is" in Minnesota Statutes, section 268.145, subdivision new text end 28.12 new text begin 5; and new text end 28.13     new text begin (8) renumber Minnesota Statutes, section 268.03, subdivision 2, as Minnesota new text end 28.14 new text begin Statutes, section 268.031. new text end 28.15    Sec. 38. new text begin REPEALER. new text end 28.16 new text begin Minnesota Statutes 2006, section 341.31, new text end new text begin is repealed. new text end 28.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end