HF 2088

1st Unofficial Engrossment - 86th Legislature (2009 - 2010)

Posted on 12/26/2012 11:27 p.m.

1.1A bill for an act 1.2relating to state government; amending certain employment and economic 1.3development provisions; establishing and modifying certain projects, grants, 1.4and programs; making technical changes; regulating certain activities and 1.5practices; defining terms; providing penalties; establishing working groups; 1.6regulating unemployment insurance; regulating labor standards and wages; 1.7providing for licensing and fees; amending Iron Range resources provisions; 1.8regulating certain facilities; regulating certain boards and committees; modifying 1.9certain Housing Finance Authority provisions; modifying Heritage Finance 1.10provisions; requiring certain reports; appropriating money;amending Minnesota 1.11Statutes 2008, sections 15.75, subdivision 5; 16B.54, subdivision 2; 16C.28, 1.12by adding a subdivision; 41A.02, subdivision 17; 41A.036, subdivisions 4, 5; 1.1384.94, subdivision 3; 85.0146, subdivision 1; 89A.08, subdivision 1; 115C.08, 1.14subdivision 4; 116J.035, subdivisions 1, 6; 116J.401, subdivision 2; 116J.424; 1.15116J.431, subdivisions 1, 2, 4, 6, by adding a subdivision; 116J.435, subdivision 1.163; 116J.554, subdivision 1; 116J.555, subdivision 1; 116J.68, subdivision 2; 1.17116J.8731, subdivisions 2, 3; 116L.03, subdivision 5; 116L.05, subdivision 1.185; 116L.20, subdivision 1; 116L.362, subdivision 1; 116L.364, subdivision 1.193; 116L.871, subdivision 1; 116L.96; 116O.115, subdivisions 2, 4; 123A.08, 1.20subdivision 1; 124D.49, subdivision 3; 129D.13, subdivisions 1, 2, 3; 129D.14, 1.21subdivisions 4, 5, 6; 129D.155; 154.001; 154.003; 154.19; 154.44, subdivision 1.221; 154.51; 160.276, subdivision 8; 177.27, subdivision 4; 177.30; 177.31; 1.23177.32; 177.42, subdivision 6, by adding a subdivision; 177.43, subdivision 3; 1.24178.02, subdivision 2; 181.723, by adding a subdivision; 182.656, subdivision 3; 1.25214.01, subdivision 3; 214.04, subdivision 3; 216B.1612, subdivision 2; 241.27, 1.26subdivision 1; 248.061, subdivision 3; 248.07, subdivisions 7, 8; 256J.626, 1.27subdivision 4; 256J.66, subdivision 1; 268.031; 268.035, subdivisions 2, 17, by 1.28adding subdivisions; 268.042, subdivision 3; 268.043; 268.044, subdivision 2; 1.29268.047, subdivisions 1, 2; 268.051, subdivisions 1, 4; 268.052, subdivision 2; 1.30268.053, subdivision 1; 268.057, subdivisions 4, 5; 268.0625, subdivision 1; 1.31268.066; 268.067; 268.069, subdivisions 1, 2; 268.07, subdivisions 1, 2, 3, 3b; 1.32268.084; 268.085, subdivisions 1, 2, 3, 3a, 4, 5, 6, 15; 268.095, subdivisions 1.331, 2, 10, 11; 268.101, subdivisions 1, 2; 268.103, subdivision 1, by adding 1.34a subdivision; 268.105, subdivisions 1, 2, 3a, 4, 5; 268.115, subdivision 5; 1.35268.125, subdivision 5; 268.135, subdivision 4; 268.145, subdivision 1; 268.18, 1.36subdivisions 1, 2, 4a; 268.186; 268.196, subdivisions 1, 2; 268.199; 268.211; 1.37268A.06, subdivision 1; 270.97; 298.22, subdivisions 2, 5a, 6, 7, 8, 10, 11; 1.38298.221; 298.2211, subdivision 3; 298.2213, subdivisions 4, 5; 298.2214, 1.39subdivision 1, by adding a subdivision; 298.223; 298.227; 298.28, subdivision 2.19d; 298.292, subdivision 2; 298.294; 298.296, subdivision 2; 298.2961; 298.297; 2.2326B.33, subdivisions 13, 19; 326B.46, subdivision 4; 326B.475, subdivisions 2.34, 7; 326B.49, subdivision 1; 326B.56, subdivision 4; 326B.58; 326B.815, 2.4subdivision 1; 326B.821, subdivision 2; 326B.86, subdivision 1; 326B.885, 2.5subdivision 2; 326B.89, subdivisions 3, 16; 326B.94, subdivision 4; 326B.972; 2.6326B.986, subdivisions 2, 5, 8; 327B.04, subdivisions 7, 8, by adding a 2.7subdivision; 327C.03, by adding a subdivision; 327C.095, subdivisions 12, 13; 2.8462A.05, subdivisions 14, 14a; 469.169, subdivision 3; 469.201, subdivisions 2, 2.94, 6, 7, 10, 11, 12; 469.202; 469.203, subdivisions 1, 2, 4; 469.204, subdivision 2.101, by adding a subdivision; 469.205; 469.207, subdivision 2; 580.07; proposing 2.11coding for new law in Minnesota Statutes, chapters 1; 116J; 137; 155A; 181; 2.12268; 298; 326B; repealing Minnesota Statutes 2008, sections 116J.402; 116J.413; 2.13116J.431, subdivision 5; 116J.58, subdivision 1; 116J.59; 116J.61; 116J.656; 2.14116L.16; 116L.88; 116U.65; 129D.13, subdivision 4; 268.085, subdivision 14; 2.15268.086, subdivisions 1, 2, 3, 5, 6, 7, 8, 9; 469.203, subdivision 3; 469.204, 2.16subdivisions 2, 3; Minnesota Rules, part 1350.8300. 2.17BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.18ARTICLE 1 2.19JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS 2.20 Section 1. new text begin JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS. new text end 2.21     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 2.22 new text begin in this article. new text end 2.23 new text begin 2010 new text end new text begin 2011 new text end new text begin Total new text end 2.24 new text begin General new text end new text begin $ new text end new text begin 134,047,000 new text end new text begin $ new text end new text begin 133,136,000 new text end new text begin $ new text end new text begin 267,183,000 new text end 2.25 new text begin Workforce Development new text end new text begin 17,976,000 new text end new text begin 17,876,000 new text end new text begin 35,852,000 new text end 2.26 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 2.27 new text begin Workers' Compensation new text end new text begin 22,574,000 new text end new text begin 22,574,000 new text end new text begin 45,148,000 new text end 2.28 new text begin Total new text end new text begin $ new text end new text begin 175,297,000 new text end new text begin $ new text end new text begin 174,286,000 new text end new text begin $ new text end new text begin 349,583,000 new text end 2.29 Sec. 2. new text begin JOBS AND ECONOMIC DEVELOPMENT. new text end 2.30     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.31 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.32 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.33 new text begin for each purpose. The figures "2010" and "2011" used in this article mean that the new text end 2.34 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2010, or new text end 2.35 new text begin June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal new text end 2.36 new text begin year 2011. "The biennium" is fiscal years 2010 and 2011. new text end 2.37 new text begin APPROPRIATIONS new text end 2.38 new text begin Available for the Year new text end 2.39 new text begin Ending June 30 new text end 2.40 new text begin 2010 new text end new text begin 2011 new text end 3.1 3.2 Sec. 3. new text begin DEPARTMENT OF EMPLOYMENT new text end new text begin AND ECONOMIC DEVELOPMENT 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 58,277,000 new text end new text begin $ new text end new text begin 57,877,000 new text end 3.4 new text begin Appropriations by Fund new text end 3.5 new text begin 2010 new text end new text begin 2011 new text end 3.6 new text begin General new text end new text begin 40,630,000 new text end new text begin 40,330,000 new text end 3.7 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end 3.8 3.9 new text begin Workforce new text end new text begin Development new text end new text begin 16,947,000 new text end new text begin 16,847,000 new text end 3.10 new text begin The amounts that may be spent for each new text end 3.11 new text begin purpose are specified in the following new text end 3.12 new text begin subdivisions. new text end 3.13 3.14 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 8,980,000 new text end new text begin 8,980,000 new text end 3.15 new text begin Appropriations by Fund new text end 3.16 new text begin General new text end new text begin 7,941,000 new text end new text begin 7,941,000 new text end 3.17 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end 3.18 3.19 new text begin Workforce new text end new text begin Development new text end new text begin 339,000 new text end new text begin 339,000 new text end 3.20 new text begin (a) $700,000 the first year and $700,000 the new text end 3.21 new text begin second year are from the remediation fund for new text end 3.22 new text begin contaminated site cleanup and development new text end 3.23 new text begin grants under Minnesota Statutes, section new text end 3.24 new text begin 116J.554. This appropriation is available new text end 3.25 new text begin until expended. new text end 3.26 new text begin (b) $200,000 each year is from the general new text end 3.27 new text begin fund for a grant to WomenVenture for new text end 3.28 new text begin women's business development programs new text end 3.29 new text begin and for programs that encourage and assist new text end 3.30 new text begin women to enter nontraditional careers in the new text end 3.31 new text begin trades; manual and technical occupations; new text end 3.32 new text begin science, technology, engineering, and new text end 3.33 new text begin mathematics-related occupations; and green new text end 3.34 new text begin jobs. This appropriation may be matched new text end 3.35 new text begin dollar for dollar with any resources available new text end 3.36 new text begin from the federal government for these new text end 3.37 new text begin purposes with priority given to initiatives new text end 4.1 new text begin that have a goal of increasing by at least ten new text end 4.2 new text begin percent the number of women in occupations new text end 4.3 new text begin where women currently comprise less than 25 new text end 4.4 new text begin percent of the workforce. The appropriation new text end 4.5 new text begin is available until expended. new text end 4.6 new text begin (c) $105,000 each year is from the general new text end 4.7 new text begin fund and $50,000 each year is from the new text end 4.8 new text begin workforce development fund for a grant to new text end 4.9 new text begin the Metropolitan Economic Development new text end 4.10 new text begin Association for continuing minority business new text end 4.11 new text begin development programs in the metropolitan new text end 4.12 new text begin area. This appropriation must be used for the new text end 4.13 new text begin sole purpose of providing free or reduced new text end 4.14 new text begin fee business consulting services to minority new text end 4.15 new text begin entrepreneurs and contractors. new text end 4.16 new text begin (d)(1) $500,000 each year is from the new text end 4.17 new text begin general fund for a grant to BioBusiness new text end 4.18 new text begin Alliance of Minnesota for bioscience new text end 4.19 new text begin business development programs to promote new text end 4.20 new text begin and position the state as a global leader new text end 4.21 new text begin in bioscience business activities. This new text end 4.22 new text begin appropriation is added to the department's new text end 4.23 new text begin base. These funds may be used to create, new text end 4.24 new text begin recruit, retain, and expand biobusiness new text end 4.25 new text begin activity in Minnesota; implement the new text end 4.26 new text begin destination 2025 statewide plan; update new text end 4.27 new text begin a statewide assessment of the bioscience new text end 4.28 new text begin industry and the competitive position of new text end 4.29 new text begin Minnesota-based bioscience businesses new text end 4.30 new text begin relative to other states and other nations; new text end 4.31 new text begin and develop and implement business and new text end 4.32 new text begin scenario-planning models to create, recruit, new text end 4.33 new text begin retain, and expand biobusiness activity in new text end 4.34 new text begin Minnesota. new text end 5.1 new text begin (2) The BioBusiness Alliance must report new text end 5.2 new text begin each year by February 15 to the committees new text end 5.3 new text begin of the house of representatives and the senate new text end 5.4 new text begin having jurisdiction over bioscience industry new text end 5.5 new text begin activity in Minnesota on the use of funds; new text end 5.6 new text begin the number of bioscience businesses and new text end 5.7 new text begin jobs created, recruited, retained, or expanded new text end 5.8 new text begin in the state since the last reporting period; new text end 5.9 new text begin the competitive position of the biobusiness new text end 5.10 new text begin industry; and utilization rates and results of new text end 5.11 new text begin the business and scenario-planning models new text end 5.12 new text begin and outcomes resulting from utilization of new text end 5.13 new text begin the business and scenario-planning models. new text end 5.14 new text begin (e)(1) Of the money available in the new text end 5.15 new text begin Minnesota Investment Fund, Minnesota new text end 5.16 new text begin Statutes, section 116J.8731, to the new text end 5.17 new text begin commissioner of the Department of new text end 5.18 new text begin Employment and Economic Development, new text end 5.19 new text begin up to $3,000,000 is appropriated in fiscal year new text end 5.20 new text begin 2010 for a loan to an aircraft manufacturing new text end 5.21 new text begin and assembly company, associated with the new text end 5.22 new text begin aerospace industry, for equipment utilized new text end 5.23 new text begin to establish an aircraft completion center new text end 5.24 new text begin at the Minneapolis-St. Paul International new text end 5.25 new text begin Airport. The finishing center must use the new text end 5.26 new text begin state's vocational training programs designed new text end 5.27 new text begin specifically for aircraft maintenance training, new text end 5.28 new text begin and to the extent possible, work to recruit new text end 5.29 new text begin employees from these programs. The center new text end 5.30 new text begin must create at least 200 new manufacturing new text end 5.31 new text begin jobs within 24 months of receiving the new text end 5.32 new text begin loan, and create not less than 500 new new text end 5.33 new text begin manufacturing jobs over a five-year period new text end 5.34 new text begin in Minnesota. new text end 5.35 new text begin (2) This loan is not subject to loan limitations new text end 5.36 new text begin under Minnesota Statutes, section 116J.8731, new text end 6.1 new text begin subdivision 5. Any match requirements new text end 6.2 new text begin under Minnesota Statutes, section 116J.8731, new text end 6.3 new text begin subdivision 3, may be made from current new text end 6.4 new text begin resources. This is a onetime appropriation new text end 6.5 new text begin and is effective the day following final new text end 6.6 new text begin enactment. new text end 6.7 new text begin (f) $65,000 each year is from the general new text end 6.8 new text begin fund for a grant to the Minnesota Inventors new text end 6.9 new text begin Congress, of which at least $6,500 must be new text end 6.10 new text begin used for youth inventors. new text end 6.11 new text begin (g) $200,000 the first year and $200,000 the new text end 6.12 new text begin second year are for the Office of Science and new text end 6.13 new text begin Technology. This is a onetime appropriation. new text end 6.14 new text begin (h) $500,000 the first year and $500,000 the new text end 6.15 new text begin second year are for a grant to Enterprise new text end 6.16 new text begin Minnesota, Inc., for the small business new text end 6.17 new text begin growth acceleration program under new text end 6.18 new text begin Minnesota Statutes, section 116O.115. This new text end 6.19 new text begin is a onetime appropriation and is available new text end 6.20 new text begin until expended. new text end 6.21 new text begin (i)(1) $100,000 each year is from the new text end 6.22 new text begin workforce development fund for a grant new text end 6.23 new text begin under Minnesota Statutes, section 116J.421, new text end 6.24 new text begin to the Rural Policy and Development new text end 6.25 new text begin Center at St. Peter, Minnesota. The grant new text end 6.26 new text begin shall be used for research and policy new text end 6.27 new text begin analysis on emerging economic and social new text end 6.28 new text begin issues in rural Minnesota, to serve as a new text end 6.29 new text begin policy resource center for rural Minnesota new text end 6.30 new text begin communities, to encourage collaboration new text end 6.31 new text begin across higher education institutions, to new text end 6.32 new text begin provide interdisciplinary team approaches new text end 6.33 new text begin to research and problem-solving in rural new text end 6.34 new text begin communities, and to administer overall new text end 6.35 new text begin operations of the center. new text end 7.1 new text begin (2) The grant shall be provided upon the new text end 7.2 new text begin condition that each state-appropriated new text end 7.3 new text begin dollar be matched with a nonstate dollar. new text end 7.4 new text begin Acceptable matching funds are nonstate new text end 7.5 new text begin contributions that the center has received and new text end 7.6 new text begin have not been used to match previous state new text end 7.7 new text begin grants. Any funds not spent the first year are new text end 7.8 new text begin available the second year. new text end 7.9 new text begin (j) Notwithstanding Minnesota Statutes, new text end 7.10 new text begin section 268.18, subdivision 2, $414,000 of new text end 7.11 new text begin funds collected for unemployment insurance new text end 7.12 new text begin administration under this subdivision is new text end 7.13 new text begin appropriated as follows: $250,000 to Lake new text end 7.14 new text begin County for ice storm damage; $64,000 is for new text end 7.15 new text begin the city of Green Isle for reimbursement of new text end 7.16 new text begin fire relief efforts and other expenses incurred new text end 7.17 new text begin as a result of the fire in the city of Green Isle; new text end 7.18 new text begin and $100,000 is to develop the construction new text end 7.19 new text begin mitigation pilot program to make grants for new text end 7.20 new text begin up to five projects statewide available to local new text end 7.21 new text begin government units to mitigate the impacts of new text end 7.22 new text begin transportation construction on local small new text end 7.23 new text begin business. These are onetime appropriations new text end 7.24 new text begin and are available until expended. new text end 7.25 new text begin (k) Up to $10,000,000 is appropriated new text end 7.26 new text begin from the Minnesota minerals 21st century new text end 7.27 new text begin fund to the commissioner of Iron Range new text end 7.28 new text begin resources and rehabilitation to make a grant new text end 7.29 new text begin or forgivable loan to a manufacturer of new text end 7.30 new text begin windmill blades at a facility to be located new text end 7.31 new text begin within the taconite tax relief area defined in new text end 7.32 new text begin Minnesota Statutes, section 273.134. new text end 7.33 new text begin (l) $1,000,000 is appropriated from the new text end 7.34 new text begin Minnesota minerals 21st century fund to new text end 7.35 new text begin the Board of Trustees of the Minnesota new text end 8.1 new text begin State Colleges and Universities for a grant new text end 8.2 new text begin to the Northeast Higher Education District new text end 8.3 new text begin for planning, design, and construction of new text end 8.4 new text begin classrooms and housing facilities for upper new text end 8.5 new text begin division students in the engineering program. new text end 8.6 new text begin (m)(1) $189,000 each year is appropriated new text end 8.7 new text begin from the workforce development fund for new text end 8.8 new text begin grants of $63,000 to eligible organizations new text end 8.9 new text begin each year to assist in the development of new text end 8.10 new text begin entrepreneurs and small businesses. Each new text end 8.11 new text begin state grant dollar must be matched with $1 new text end 8.12 new text begin of nonstate funds. Any balance in the first new text end 8.13 new text begin year does not cancel but is available in the new text end 8.14 new text begin second year. new text end 8.15 new text begin (2) Three grants must be awarded to new text end 8.16 new text begin continue or to develop a program. One new text end 8.17 new text begin grant must be awarded to the Riverbend new text end 8.18 new text begin Center for Entrepreneurial Facilitation new text end 8.19 new text begin in Blue Earth County, and two to other new text end 8.20 new text begin organizations serving Faribault and Martin new text end 8.21 new text begin Counties. Grant recipients must report to the new text end 8.22 new text begin commissioner by February 1 of each year new text end 8.23 new text begin that the organization receives a grant with the new text end 8.24 new text begin number of customers served; the number of new text end 8.25 new text begin businesses started, stabilized, or expanded; new text end 8.26 new text begin the number of jobs created and retained; and new text end 8.27 new text begin business success rates. The commissioner new text end 8.28 new text begin must report to the house of representatives new text end 8.29 new text begin and senate committees with jurisdiction new text end 8.30 new text begin over economic development finance on the new text end 8.31 new text begin effectiveness of these programs for assisting new text end 8.32 new text begin in the development of entrepreneurs and new text end 8.33 new text begin small businesses. new text end 8.34 new text begin Subd. 3. new text end new text begin Workforce Development new text end new text begin 46,871,000 new text end new text begin 46,471,000 new text end 9.1 new text begin Appropriations by Fund new text end 9.2 new text begin General new text end new text begin 30,263,000 new text end new text begin 29,963,000 new text end 9.3 9.4 new text begin Workforce new text end new text begin Development new text end new text begin 16,608,000 new text end new text begin 16,508,000 new text end 9.5 new text begin (a) $4,562,000 each year is from the general new text end 9.6 new text begin fund for the Minnesota job skills partnership new text end 9.7 new text begin program under Minnesota Statutes, sections new text end 9.8 new text begin 116L.01 to 116L.17. If the appropriation for new text end 9.9 new text begin either year is insufficient, the appropriation new text end 9.10 new text begin for the other year is available. This new text end 9.11 new text begin appropriation is available until spent. new text end 9.12 new text begin (b) $8,800,000 each year is from the general new text end 9.13 new text begin fund for the state's vocational rehabilitation new text end 9.14 new text begin program under Minnesota Statutes, chapter new text end 9.15 new text begin 268A. new text end 9.16 new text begin (c) $5,986,000 each year is from the general new text end 9.17 new text begin fund for the state services for the blind new text end 9.18 new text begin activities. new text end 9.19 new text begin (d) $2,380,000 each year is from the general new text end 9.20 new text begin fund for grants to centers for independent new text end 9.21 new text begin living under Minnesota Statutes, section new text end 9.22 new text begin 268A.11. new text end 9.23 new text begin (e) $350,000 each year is from the general new text end 9.24 new text begin fund and $105,000 each year is from the new text end 9.25 new text begin workforce development fund for a grant new text end 9.26 new text begin under Minnesota Statutes, section 116J.8747, new text end 9.27 new text begin to Twin Cities RISE! to provide training to new text end 9.28 new text begin hard-to-train individuals. Funds unexpended new text end 9.29 new text begin in the first year are available for expenditure new text end 9.30 new text begin in the second year. new text end 9.31 new text begin (f) $150,000 each year is from the general new text end 9.32 new text begin fund and $50,000 each year is from the new text end 9.33 new text begin workforce development fund for a grant new text end 9.34 new text begin to Northern Connections in Perham to new text end 9.35 new text begin implement and operate a workforce program new text end 10.1 new text begin that provides one-stop supportive services new text end 10.2 new text begin to individuals as they transition into the new text end 10.3 new text begin workforce. new text end 10.4 new text begin (g) $100,000 each year is from the workforce new text end 10.5 new text begin development fund for a grant to the Ramsey new text end 10.6 new text begin County Workforce Investment Board for the new text end 10.7 new text begin development of the building lives program. new text end 10.8 new text begin This is a onetime appropriation. new text end 10.9 new text begin (h) $150,000 each year is from the general new text end 10.10 new text begin fund for a grant to Advocating Change new text end 10.11 new text begin Together for training, technical assistance, new text end 10.12 new text begin and resource materials for persons with new text end 10.13 new text begin developmental and mental illness disabilities. new text end 10.14 new text begin (i) $5,627,000 each year is from the general new text end 10.15 new text begin fund and $6,830,000 each year is from the new text end 10.16 new text begin workforce development fund for extended new text end 10.17 new text begin employment services for persons with severe new text end 10.18 new text begin disabilities or related conditions under new text end 10.19 new text begin Minnesota Statutes, section 268A.15. Of new text end 10.20 new text begin the general fund appropriation, $125,000 new text end 10.21 new text begin each year is to supplement funds paid for new text end 10.22 new text begin wage incentives for the community support new text end 10.23 new text begin fund established in Minnesota Rules, part new text end 10.24 new text begin 3300.2045. new text end 10.25 new text begin (j) $250,000 the first year and $100,000 new text end 10.26 new text begin the second year are for grants to Minnesota new text end 10.27 new text begin Diversified Industries, Inc., to provide new text end 10.28 new text begin progressive development and employment new text end 10.29 new text begin opportunities for people with disabilities. new text end 10.30 new text begin This appropriation is available in either new text end 10.31 new text begin year of the biennium. The budget base new text end 10.32 new text begin for Minnesota Diversified Industries, Inc., new text end 10.33 new text begin is $175,000 each year in the 2012-2013 new text end 10.34 new text begin biennium. new text end 11.1 new text begin (k) Of the money available to Minnesota from new text end 11.2 new text begin the American Recovery and Reinvestment new text end 11.3 new text begin Act of 2009, Public Law 111-5, and allocated new text end 11.4 new text begin to the Department of Employment and new text end 11.5 new text begin Economic Development for activities new text end 11.6 new text begin authorized under Title 1 of the Rehabilitation new text end 11.7 new text begin Act of 1973 as amended and Code of new text end 11.8 new text begin Federal Regulations, title 34, part 361, of its new text end 11.9 new text begin implementing regulations, $250,000 is for new text end 11.10 new text begin a grant to Minnesota Diversified Industries, new text end 11.11 new text begin Inc. to assist individuals with disabilities to new text end 11.12 new text begin obtain employment outcomes as defined in new text end 11.13 new text begin Code of Federal Regulations, title 34, part new text end 11.14 new text begin 361.5 (B) (16). Funds expended must be new text end 11.15 new text begin used for activities allowed under section 103 new text end 11.16 new text begin (a) of the Rehabilitation Act and Code of new text end 11.17 new text begin Federal Regulations, title 34, part 361.48. new text end 11.18 new text begin (l) $1,613,000 each year is from the general new text end 11.19 new text begin fund for grants to programs that provide new text end 11.20 new text begin employment support services to persons with new text end 11.21 new text begin mental illness under Minnesota Statutes, new text end 11.22 new text begin sections 268A.13 and 268A.14. Grants new text end 11.23 new text begin may be used for special projects for young new text end 11.24 new text begin people with mental illness transitioning from new text end 11.25 new text begin school to work and people with serious new text end 11.26 new text begin mental illness receiving services through new text end 11.27 new text begin a mental health court or civil commitment new text end 11.28 new text begin court. Special projects must demonstrate new text end 11.29 new text begin interagency collaboration. Up to $77,000 new text end 11.30 new text begin each year may be used for administrative new text end 11.31 new text begin expenses. new text end 11.32 new text begin (m) $75,000 each year is from the workforce new text end 11.33 new text begin development fund for a grant to MN new text end 11.34 new text begin WORKS!, a nonprofit organization. The new text end 11.35 new text begin nonprofit organization must work on behalf new text end 11.36 new text begin of all licensed vendors to coordinate their new text end 12.1 new text begin efforts to respond to solicitations or other new text end 12.2 new text begin requests from private and governmental new text end 12.3 new text begin units as defined in Minnesota Statutes, new text end 12.4 new text begin section 471.59, subdivision 1, in order new text end 12.5 new text begin to increase employment opportunities for new text end 12.6 new text begin persons with disabilities. This is a onetime new text end 12.7 new text begin appropriation and is available in either year new text end 12.8 new text begin of the biennium. Any funds unexpended in new text end 12.9 new text begin the first year are available for expenditure in new text end 12.10 new text begin the second year. new text end 12.11 new text begin (n) $145,000 each year is from the general new text end 12.12 new text begin fund and $175,000 each year is from the new text end 12.13 new text begin workforce development fund for a grant new text end 12.14 new text begin under Minnesota Statutes, section 268A.03, new text end 12.15 new text begin to Rise, Inc. for the Minnesota Employment new text end 12.16 new text begin Center for People Who are Deaf or Hard of new text end 12.17 new text begin Hearing. Money not expended the first year new text end 12.18 new text begin is available the second year. new text end 12.19 new text begin (o) $100,000 each year is from the general new text end 12.20 new text begin fund and $200,000 each year is from the new text end 12.21 new text begin workforce development fund for a grant to new text end 12.22 new text begin Lifetrack Resources for its immigrant and new text end 12.23 new text begin refugee collaborative program, including new text end 12.24 new text begin those related to job-seeking skills and new text end 12.25 new text begin workplace orientation, intensive job new text end 12.26 new text begin development, functional work English, and new text end 12.27 new text begin on-site job coaching. This appropriation may new text end 12.28 new text begin also be used in Rochester. new text end 12.29 new text begin (p) $3,500,000 each year is from the new text end 12.30 new text begin workforce development fund for the new text end 12.31 new text begin Minnesota youth program under Minnesota new text end 12.32 new text begin Statutes, sections 116L.56 and 116L.561. new text end 12.33 new text begin (q) $1,375,000 each year is from the new text end 12.34 new text begin workforce development fund for the new text end 13.1 new text begin Opportunities Industrialization Center new text end 13.2 new text begin programs. new text end 13.3 new text begin (r) $1,200,000 each year is from the new text end 13.4 new text begin workforce development fund for grants for new text end 13.5 new text begin the Minneapolis summer youth employment new text end 13.6 new text begin program. The grants shall be used to fund new text end 13.7 new text begin up to 500 jobs for youth each summer. Of new text end 13.8 new text begin this appropriation, $300,000 each year is for new text end 13.9 new text begin a grant to the learn-to-earn summer youth new text end 13.10 new text begin employment program. The commissioner new text end 13.11 new text begin shall establish criteria for awarding the new text end 13.12 new text begin grants. This appropriation is available in new text end 13.13 new text begin either year of the biennium and is available new text end 13.14 new text begin until spent. new text end 13.15 new text begin (s) $750,000 each year is from the workforce new text end 13.16 new text begin development fund for a grant to the new text end 13.17 new text begin Minnesota Alliance of Boys and Girls new text end 13.18 new text begin Clubs to administer a statewide project new text end 13.19 new text begin of youth jobs skills development. This new text end 13.20 new text begin project, which may have career guidance new text end 13.21 new text begin components, including health and life skills, new text end 13.22 new text begin is to encourage, train, and assist youth in new text end 13.23 new text begin job-seeking skills, workplace orientation, new text end 13.24 new text begin and job-site knowledge through coaching. new text end 13.25 new text begin This grant requires a 25 percent match from new text end 13.26 new text begin nonstate resources. new text end 13.27 new text begin (t) $558,000 the first year and $558,000 new text end 13.28 new text begin the second year are from the workforce new text end 13.29 new text begin development fund for grants to fund summer new text end 13.30 new text begin youth employment in St. Paul. The grants new text end 13.31 new text begin shall be used to fund up to 500 jobs for new text end 13.32 new text begin youth each summer. The commissioner shall new text end 13.33 new text begin establish criteria for awarding the grants. new text end 13.34 new text begin This appropriation is available in either year new text end 13.35 new text begin of the biennium and is available until spent. new text end 14.1 new text begin (u) $1,000,000 each year is from the new text end 14.2 new text begin workforce development fund for the new text end 14.3 new text begin youthbuild program under Minnesota new text end 14.4 new text begin Statutes, sections 116L.361 to 116L.366. new text end 14.5 new text begin (v) $100,000 each year is from the new text end 14.6 new text begin workforce development fund for grants new text end 14.7 new text begin for the indigenous earthkeepers program new text end 14.8 new text begin for American Indian youth environmental new text end 14.9 new text begin education and training. Funds must be new text end 14.10 new text begin used to provide programming for up to new text end 14.11 new text begin 80 American Indian youth ages 14 to 19. new text end 14.12 new text begin The indigenous earthkeepers program must new text end 14.13 new text begin use the environment, with native language new text end 14.14 new text begin as its primary core, to develop student new text end 14.15 new text begin academic skills and knowledge at Center new text end 14.16 new text begin School and Healthy Nations Program of the new text end 14.17 new text begin Minneapolis American Indian Center. The new text end 14.18 new text begin program must foster a sense of civic and new text end 14.19 new text begin environmental responsibility by providing new text end 14.20 new text begin youth the opportunity to serve on small, new text end 14.21 new text begin natural, and urban resource crews in the new text end 14.22 new text begin Twin Cities metropolitan area and outside of new text end 14.23 new text begin the metropolitan area. In addition, it must new text end 14.24 new text begin build the capacity of these youths to improve new text end 14.25 new text begin their lives in an indigenous-inspired and new text end 14.26 new text begin culturally relevant manner. At a minimum, new text end 14.27 new text begin the program curriculum must include water new text end 14.28 new text begin studies, identification of waterway cleanup new text end 14.29 new text begin sites, cleanup of waterways significant to new text end 14.30 new text begin indigenous culture and education, plant new text end 14.31 new text begin identification, gardening, and indigenous new text end 14.32 new text begin language components. This is a onetime new text end 14.33 new text begin appropriation and is available until expended. new text end 14.34 new text begin (w) $340,000 each year is from the workforce new text end 14.35 new text begin development fund for grants to provide new text end 14.36 new text begin interpreters for a regional transition program new text end 15.1 new text begin that specializes in providing culturally new text end 15.2 new text begin appropriate transition services leading to new text end 15.3 new text begin employment for deaf, hard-of-hearing, and new text end 15.4 new text begin deaf-blind students. new text end 15.5 new text begin (x) $150,000 the first year is for a grant to new text end 15.6 new text begin Lutheran Social Service of Minnesota to new text end 15.7 new text begin increase capacity statewide for budget and new text end 15.8 new text begin debt counseling, debt management planning, new text end 15.9 new text begin and other debt management services. This new text end 15.10 new text begin is a onetime appropriation and is available new text end 15.11 new text begin until expended. new text end 15.12 new text begin (y) The first $1,450,000 deposited in each new text end 15.13 new text begin year of the biennium into the contingent new text end 15.14 new text begin account created under Minnesota Statutes, new text end 15.15 new text begin section 268.199, shall be transferred new text end 15.16 new text begin before the closing of each fiscal year to new text end 15.17 new text begin the workforce development fund created new text end 15.18 new text begin under Minnesota Statutes, section 116L.20. new text end 15.19 new text begin Deposits in excess of $1,450,000 shall be new text end 15.20 new text begin transferred before the closing of each fiscal new text end 15.21 new text begin year to the general fund. new text end 15.22 new text begin (z) $100,000 the first year is from the new text end 15.23 new text begin workforce development fund for a grant to a new text end 15.24 new text begin Southeast Asian mutual assistance nonprofit new text end 15.25 new text begin organization for an intensive intervention new text end 15.26 new text begin transitional employment training project new text end 15.27 new text begin to move refugee and immigrant welfare new text end 15.28 new text begin recipients into unsubsidized employment new text end 15.29 new text begin leading to economic self-sufficiency. An new text end 15.30 new text begin organization may apply for a grant in the form new text end 15.31 new text begin and manner established by the commissioner new text end 15.32 new text begin of employment and economic development. new text end 15.33 new text begin The organization that is awarded the grant new text end 15.34 new text begin must have experience providing the services new text end 15.35 new text begin required under this paragraph. The primary new text end 16.1 new text begin effort must be on intensive employment new text end 16.2 new text begin skills training, including workplace English new text end 16.3 new text begin and overcoming cultural barriers, and on new text end 16.4 new text begin specialized training in fields of work which new text end 16.5 new text begin involve a credit-based curriculum. For new text end 16.6 new text begin recipients without a high school diploma or new text end 16.7 new text begin a GED, extra effort shall be made to help new text end 16.8 new text begin the recipient meet the ability to benefit test new text end 16.9 new text begin so the recipient can receive financial aid new text end 16.10 new text begin for further training. During the specialized new text end 16.11 new text begin training, efforts should be made to involve new text end 16.12 new text begin the recipients with an internship program new text end 16.13 new text begin and retention specialist. This appropriation new text end 16.14 new text begin is not available until the commissioner of new text end 16.15 new text begin finance has determined that at least an equal new text end 16.16 new text begin amount has been committed from nonstate new text end 16.17 new text begin funds. This is a onetime appropriation and is new text end 16.18 new text begin available until expended. new text end 16.19 new text begin (aa) $1,000,000 each year is from reserve new text end 16.20 new text begin funds allocated to the Department of new text end 16.21 new text begin Employment and Economic Development new text end 16.22 new text begin under the American Recovery and new text end 16.23 new text begin Reinvestment Act of 2009, Public Law new text end 16.24 new text begin 111-5, for Workforce Investment Act new text end 16.25 new text begin adult and displaced worker programs for new text end 16.26 new text begin on-the-job training for eligible persons in new text end 16.27 new text begin counties with high unemployment. This is a new text end 16.28 new text begin onetime appropriation. new text end 16.29 new text begin (bb)(1) $150,000 each year is from the new text end 16.30 new text begin workforce development fund for a grant new text end 16.31 new text begin to the nonprofit organization selected to new text end 16.32 new text begin administer the demonstration project for new text end 16.33 new text begin high-risk adults under Laws 2007, chapter new text end 16.34 new text begin 54, article 1, section 19, in order to continue new text end 16.35 new text begin the project for a second biennium. This is a new text end 17.1 new text begin onetime appropriation and is available until new text end 17.2 new text begin expended. new text end 17.3 new text begin (2) The commissioners of the Housing new text end 17.4 new text begin Finance Agency and employment and new text end 17.5 new text begin economic development are directed to work new text end 17.6 new text begin with the commissioner of public safety new text end 17.7 new text begin to seek federal stimulus money available new text end 17.8 new text begin through the Office of Justice to continue the new text end 17.9 new text begin demonstration project under Laws 2007, new text end 17.10 new text begin chapter 54, article 1, section 19, at a level new text end 17.11 new text begin sufficient to reduce the rate per participant. new text end 17.12 new text begin (cc) All Wagner-Peyser funds available to new text end 17.13 new text begin the state for job seeker services under the new text end 17.14 new text begin American Recovery and Reinvestment Act of new text end 17.15 new text begin 2009, Public Law 111-5, must be allocated to new text end 17.16 new text begin workforce development centers for universal new text end 17.17 new text begin job seeker services. new text end 17.18 new text begin (dd)(1) All Workforce Investment Act new text end 17.19 new text begin discretionary funds available to the new text end 17.20 new text begin commissioner for workforce development new text end 17.21 new text begin under the American Recovery and new text end 17.22 new text begin Reinvestment Act of 2009, Public Law new text end 17.23 new text begin 111-5, must first be allocated to replace new text end 17.24 new text begin reductions in state general fund or workforce new text end 17.25 new text begin development fund resources for employment new text end 17.26 new text begin and training or youth programs. new text end 17.27 new text begin (2) The commissioner shall not use any new text end 17.28 new text begin unallocated discretionary funds available to new text end 17.29 new text begin the department under the American Recovery new text end 17.30 new text begin and Reinvestment Act, Public Law 111-5, new text end 17.31 new text begin to hire full-time or part-time staff or enter new text end 17.32 new text begin into professional or technical contracts for new text end 17.33 new text begin any purpose other than administration of new text end 17.34 new text begin the unemployment insurance program or to new text end 17.35 new text begin provide services to job seekers, including new text end 18.1 new text begin assistance in filing for unemployment new text end 18.2 new text begin benefits. new text end 18.3 new text begin Subd. 4. new text end new text begin State-Funded Administration new text end new text begin 2,426,000 new text end new text begin 2,426,000 new text end 18.4 new text begin The transfer of funds to the governor's office new text end 18.5 new text begin for the Washington, D.C. office function is new text end 18.6 new text begin $20,000 each year. new text end 18.7 Sec. 4. new text begin PUBLIC FACILITIES AUTHORITY new text end new text begin $ new text end new text begin 93,000 new text end new text begin $ new text end new text begin 93,000 new text end 18.8 new text begin For the small community wastewater new text end 18.9 new text begin treatment program under Minnesota Statutes, new text end 18.10 new text begin chapter 446A. new text end 18.11 Sec. 5. new text begin EXPLORE MINNESOTA TOURISM new text end new text begin $ new text end new text begin 10,717,000 new text end new text begin $ new text end new text begin 10,717,000 new text end 18.12 new text begin (a) Of this amount, $12,000 each year is for a new text end 18.13 new text begin grant to the Upper Minnesota Film Office. new text end 18.14 new text begin (b)(1) To develop maximum private sector new text end 18.15 new text begin involvement in tourism, $500,000 the first new text end 18.16 new text begin year and $500,000 the second year must new text end 18.17 new text begin be matched by Explore Minnesota Tourism new text end 18.18 new text begin from nonstate sources. Each $1 of state new text end 18.19 new text begin incentive must be matched with $3 of private new text end 18.20 new text begin sector funding. Cash match is defined as new text end 18.21 new text begin revenue to the state or documented cash new text end 18.22 new text begin expenditures directly expended to support new text end 18.23 new text begin Explore Minnesota Tourism programs. Up new text end 18.24 new text begin to one-half of the private sector contribution new text end 18.25 new text begin may be in-kind or soft match. The incentive new text end 18.26 new text begin in the first year shall be based on fiscal new text end 18.27 new text begin year 2009 private sector contributions. The new text end 18.28 new text begin incentive in the second year will be based on new text end 18.29 new text begin fiscal year 2010 private sector contributions. new text end 18.30 new text begin This incentive is ongoing. new text end 18.31 new text begin (2) Funding for the marketing grants is new text end 18.32 new text begin available either year of the biennium. new text end 19.1 new text begin Unexpended grant funds from the first year new text end 19.2 new text begin are available in the second year. new text end 19.3 new text begin (3) Unexpended money from the general new text end 19.4 new text begin fund appropriations made under this section new text end 19.5 new text begin does not cancel but must be placed in a new text end 19.6 new text begin special marketing account for use by Explore new text end 19.7 new text begin Minnesota Tourism for additional marketing new text end 19.8 new text begin activities. new text end 19.9 new text begin (c) $325,000 the first year and $325,000 the new text end 19.10 new text begin second year are for the Minnesota Film and new text end 19.11 new text begin TV Board. The appropriation in each year new text end 19.12 new text begin is available only upon receipt by the board new text end 19.13 new text begin of $1 in matching contributions of money or new text end 19.14 new text begin in-kind contributions from nonstate sources new text end 19.15 new text begin for every $3 provided by this appropriation, new text end 19.16 new text begin except that each year up to $50,000 is new text end 19.17 new text begin available on July 1 even if the required new text end 19.18 new text begin matching contribution has not been received new text end 19.19 new text begin by that date. new text end 19.20 new text begin (d) $1,225,000 the first year and $1,225,000 new text end 19.21 new text begin the second year are appropriated for a grant new text end 19.22 new text begin to the Minnesota Film and TV Board for new text end 19.23 new text begin the film jobs production program under new text end 19.24 new text begin Minnesota Statutes, section 116U.26. These new text end 19.25 new text begin appropriations are available in either year new text end 19.26 new text begin of the biennium and are available until new text end 19.27 new text begin expended. new text end 19.28 Sec. 6. new text begin HOUSING FINANCE AGENCY new text end 19.29 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 43,384,000 new text end new text begin $ new text end new text begin 43,384,000 new text end 19.30 new text begin The amounts that may be spent for each new text end 19.31 new text begin purpose are specified in the following new text end 19.32 new text begin subdivisions. new text end 19.33 new text begin This appropriation is for transfer to the new text end 19.34 new text begin housing development fund for the programs new text end 20.1 new text begin specified. Except as otherwise indicated, this new text end 20.2 new text begin transfer is part of the agency's permanent new text end 20.3 new text begin budget base. new text end 20.4 new text begin Subd. 2. new text end new text begin Challenge Program new text end new text begin 7,393,000 new text end new text begin 7,393,000 new text end 20.5 new text begin For the economic development and housing new text end 20.6 new text begin challenge program under Minnesota Statutes, new text end 20.7 new text begin section 462A.33. Of this amount, $1,395,000 new text end 20.8 new text begin each year shall be made available during the new text end 20.9 new text begin first 11 months of the fiscal year exclusively new text end 20.10 new text begin for housing projects for American Indians. new text end 20.11 new text begin Any funds not committed to housing projects new text end 20.12 new text begin for American Indians in the first 11 months new text end 20.13 new text begin of the fiscal year shall be available for any new text end 20.14 new text begin eligible activity under Minnesota Statutes, new text end 20.15 new text begin section 462A.33. The base funding for this new text end 20.16 new text begin program is $9,393,000 each year in the new text end 20.17 new text begin 2012-2013 biennium. new text end 20.18 new text begin Subd. 3. new text end new text begin Housing Trust Fund new text end new text begin 10,555,000 new text end new text begin 10,555,000 new text end 20.19 new text begin For deposit in the housing trust fund account new text end 20.20 new text begin created under Minnesota Statutes, section new text end 20.21 new text begin 462A.201, and used for the purposes new text end 20.22 new text begin provided in that section. The base funding new text end 20.23 new text begin for this program is $8,555,000 each year in new text end 20.24 new text begin the 2012-2013 biennium. new text end 20.25 new text begin Subd. 4. new text end new text begin Rental Assistance for Mentally Ill new text end new text begin 2,638,000 new text end new text begin 2,638,000 new text end 20.26 new text begin For a rental housing assistance program for new text end 20.27 new text begin persons with a mental illness or families with new text end 20.28 new text begin an adult member with a mental illness under new text end 20.29 new text begin Minnesota Statutes, section new text end new text begin . new text end 20.30 new text begin Subd. 5. new text end new text begin Family Homeless Prevention new text end new text begin 7,465,000 new text end new text begin 7,465,000 new text end 20.31 new text begin For the family homeless prevention and new text end 20.32 new text begin assistance programs under Minnesota new text end 20.33 new text begin Statutes, section new text end new text begin . new text end 20.34 new text begin Subd. 6. new text end new text begin Home Ownership Assistance Fund new text end new text begin 860,000 new text end new text begin 860,000 new text end 21.1 new text begin For the home ownership assistance program new text end 21.2 new text begin under Minnesota Statutes, section 462A.21, new text end 21.3 new text begin subdivision 8. In fiscal years 2012 and 2013, new text end 21.4 new text begin the base shall be $885,000 each year. new text end 21.5 new text begin Subd. 7. new text end new text begin Affordable Rental Investment Fund new text end new text begin 8,821,000 new text end new text begin 8,821,000 new text end 21.6 new text begin (a) For the affordable rental investment fund new text end 21.7 new text begin program under Minnesota Statutes, section new text end 21.8 new text begin 462A.21, subdivision 8b new text end new text begin . The appropriation new text end 21.9 new text begin is to finance the acquisition, rehabilitation, new text end 21.10 new text begin and debt restructuring of federally assisted new text end 21.11 new text begin rental property and for making equity new text end 21.12 new text begin take-out loans under Minnesota Statutes, new text end 21.13 new text begin section 462A.05, subdivision 39. new text end 21.14 new text begin (b) The owner of federally assisted rental new text end 21.15 new text begin property must agree to participate in new text end 21.16 new text begin the applicable federally assisted housing new text end 21.17 new text begin program and to extend any existing new text end 21.18 new text begin low-income affordability restrictions on the new text end 21.19 new text begin housing for the maximum term permitted. new text end 21.20 new text begin The owner must also enter into an agreement new text end 21.21 new text begin that gives local units of government, new text end 21.22 new text begin housing and redevelopment authorities, new text end 21.23 new text begin and nonprofit housing organizations the new text end 21.24 new text begin right of first refusal if the rental property new text end 21.25 new text begin is offered for sale. Priority must be given new text end 21.26 new text begin among comparable federally assisted rental new text end 21.27 new text begin properties to properties with the longest new text end 21.28 new text begin remaining term under an agreement for new text end 21.29 new text begin federal assistance. Priority must also be new text end 21.30 new text begin given among comparable rental housing new text end 21.31 new text begin developments to developments that are or new text end 21.32 new text begin will be owned by local government units, a new text end 21.33 new text begin housing and redevelopment authority, or a new text end 21.34 new text begin nonprofit housing organization. new text end 22.1 new text begin (c) The appropriation also may be used to new text end 22.2 new text begin finance the acquisition, rehabilitation, and new text end 22.3 new text begin debt restructuring of existing supportive new text end 22.4 new text begin housing properties. For purposes of this new text end 22.5 new text begin subdivision, "supportive housing" means new text end 22.6 new text begin affordable rental housing with links to new text end 22.7 new text begin services necessary for individuals, youth, and new text end 22.8 new text begin families with children to maintain housing new text end 22.9 new text begin stability. new text end 22.10 new text begin (d) For the affordable rental investment fund new text end 22.11 new text begin program under Minnesota Statutes, section new text end 22.12 new text begin 462A.21, subdivision 8b, in fiscal years 2012 new text end 22.13 new text begin and 2013, the base is $8,996,000 each year. new text end 22.14 new text begin Subd. 8. new text end new text begin Housing Rehabilitation new text end new text begin 4,287,000 new text end new text begin 4,287,000 new text end 22.15 new text begin For the housing rehabilitation program new text end 22.16 new text begin under Minnesota Statutes, section new text end new text begin , new text end 22.17 new text begin subdivision 14, for rental housing new text end 22.18 new text begin developments. new text end 22.19 22.20 new text begin Subd. 9. new text end new text begin Homeownership Education, new text end new text begin Counseling, and Training new text end new text begin 865,000 new text end new text begin 865,000 new text end 22.21 new text begin For the homeownership education, new text end 22.22 new text begin counseling, and training program under new text end 22.23 new text begin Minnesota Statutes, section new text end new text begin . new text end 22.24 new text begin Subd. 10. new text end new text begin Capacity Building Grants new text end new text begin 250,000 new text end new text begin 250,000 new text end 22.25 new text begin For nonprofit capacity building grants new text end 22.26 new text begin under Minnesota Statutes, section new text end new text begin , new text end 22.27 new text begin subdivision 3b. new text end 22.28 22.29 new text begin Subd. 11. new text end new text begin Transfer of Disaster Relief new text end new text begin Contingency Funds new text end 22.30 new text begin $1,500,000 of the amount unobligated new text end 22.31 new text begin and unencumbered in the disaster relief new text end 22.32 new text begin contingency fund under Minnesota Statutes, new text end 22.33 new text begin section 462A.21, subdivision 29, is new text end 22.34 new text begin transferred to the housing trust fund under new text end 23.1 new text begin Minnesota Statutes, section 462A.201, for new text end 23.2 new text begin grants for temporary rental assistance for new text end 23.3 new text begin families with children who are homeless and new text end 23.4 new text begin in need of or utilizing an emergency shelter new text end 23.5 new text begin facility. This is a onetime transfer and is not new text end 23.6 new text begin added to the agency's permanent budget base. new text end 23.7 23.8 new text begin Subd. 12. new text end new text begin Demonstration Project for High-Risk new text end new text begin Adults new text end new text begin 250,000 new text end new text begin 250,000 new text end 23.9 new text begin $250,000 in fiscal year 2010 and $250,000 new text end 23.10 new text begin in fiscal year 2011 are appropriated from new text end 23.11 new text begin the general fund to the commissioner of the new text end 23.12 new text begin Housing Finance Agency for grants to the new text end 23.13 new text begin nonprofit organization selected to administer new text end 23.14 new text begin the demonstration project for high-risk adults new text end 23.15 new text begin under Laws 2007, chapter 54, article 1, new text end 23.16 new text begin section 19, in order to continue the project new text end 23.17 new text begin for a second biennium. This is a onetime new text end 23.18 new text begin appropriation. new text end 23.19 23.20 Sec. 7. new text begin DEPARTMENT OF LABOR AND new text end new text begin INDUSTRY new text end 23.21 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 22,780,000 new text end new text begin $ new text end new text begin 22,780,000 new text end 23.22 new text begin Appropriations by Fund new text end 23.23 new text begin 2010 new text end new text begin 2011 new text end 23.24 new text begin General new text end new text begin 880,000 new text end new text begin 880,000 new text end 23.25 23.26 new text begin Workers' new text end new text begin Compensation new text end new text begin 20,871,000 new text end new text begin 20,871,000 new text end 23.27 23.28 new text begin Workforce new text end new text begin Development new text end new text begin 1,029,000 new text end new text begin 1,029,000 new text end 23.29 new text begin The amounts that may be spent for each new text end 23.30 new text begin purpose are specified in the following new text end 23.31 new text begin subdivisions. new text end 23.32 new text begin Subd. 2. new text end new text begin Workers' Compensation new text end new text begin 14,890,000 new text end new text begin 14,890,000 new text end 23.33 new text begin This appropriation is from the workers' new text end 23.34 new text begin compensation fund. new text end 23.35 new text begin $200,000 each year is for grants to the new text end 23.36 new text begin Vinland Center for rehabilitation services. new text end 24.1 new text begin Grants shall be distributed as the department new text end 24.2 new text begin refers injured workers to the Vinland Center new text end 24.3 new text begin for rehabilitation services. new text end 24.4 new text begin Subd. 3. new text end new text begin Labor Standards/Apprenticeship new text end new text begin 1,909,000 new text end new text begin 1,909,000 new text end 24.5 new text begin Appropriations by Fund new text end 24.6 new text begin General new text end new text begin 880,000 new text end new text begin 880,000 new text end 24.7 24.8 new text begin Workforce new text end new text begin Development new text end new text begin 1,029,000 new text end new text begin 1,029,000 new text end 24.9 new text begin (a) $879,000 each year is appropriated from new text end 24.10 new text begin the workforce development fund for the new text end 24.11 new text begin apprenticeship program under Minnesota new text end 24.12 new text begin Statutes, chapter 178, and includes new text end 24.13 new text begin $100,000 each year for labor education and new text end 24.14 new text begin advancement program grants and to expand new text end 24.15 new text begin and promote registered apprenticeship new text end 24.16 new text begin training in nonconstruction trade programs. new text end 24.17 new text begin (b) $150,000 each year is from the workforce new text end 24.18 new text begin development fund for prevailing wage new text end 24.19 new text begin enforcement. new text end 24.20 new text begin (c) $200,000 the first year and $200,000 new text end 24.21 new text begin the second year are from the assigned risk new text end 24.22 new text begin safety account for independent contractor new text end 24.23 new text begin investigator services to ensure compliance new text end 24.24 new text begin with the state's independent contractor new text end 24.25 new text begin exemption certificate program under new text end 24.26 new text begin Minnesota Statutes, section 181.723. new text end 24.27 new text begin Subd. 4. new text end new text begin General Support new text end new text begin 5,981,000 new text end new text begin 5,981,000 new text end 24.28 new text begin This appropriation is from the workers' new text end 24.29 new text begin compensation fund. new text end 24.30 24.31 Sec. 8. new text begin BUREAU OF MEDIATION new text end new text begin SERVICES new text end 24.32 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 1,683,000 new text end new text begin $ new text end new text begin 1,683,000 new text end 25.1 new text begin The amounts that may be spent for each new text end 25.2 new text begin purpose are specified in the following new text end 25.3 new text begin subdivisions. new text end 25.4 new text begin Subd. 2. new text end new text begin Mediation Services new text end new text begin 1,583,000 new text end new text begin 1,583,000 new text end 25.5 25.6 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 100,000 new text end new text begin 100,000 new text end 25.7 new text begin $100,000 each year is for grants to area labor new text end 25.8 new text begin management committees. Grants may be new text end 25.9 new text begin awarded for a 12-month period beginning new text end 25.10 new text begin July 1 each year. Any unencumbered balance new text end 25.11 new text begin remaining at the end of the first year does not new text end 25.12 new text begin cancel but is available for the second year. new text end 25.13 25.14 Sec. 9. 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 1,703,000 new text end new text begin $ new text end new text begin 1,703,000 new text end 25.15 new text begin This appropriation is from the workers' new text end 25.16 new text begin compensation fund. new text end 25.17 25.18 Sec. 10. new text begin MINNESOTA HISTORICAL new text end new text begin SOCIETY new text end 25.19 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 23,137,000 new text end new text begin $ new text end new text begin 22,921,000 new text end 25.20 new text begin The amounts that may be spent for each new text end 25.21 new text begin purpose are specified in the following new text end 25.22 new text begin subdivisions. new text end 25.23 new text begin Subd. 2. new text end new text begin Education and Outreach new text end new text begin 12,972,000 new text end new text begin 12,972,000 new text end 25.24 new text begin Notwithstanding Minnesota Statutes, section new text end 25.25 new text begin 138.668, the Minnesota Historical Society new text end 25.26 new text begin may not charge a fee for its general tours at new text end 25.27 new text begin the Capitol, but may charge fees for special new text end 25.28 new text begin programs other than general tours. new text end 25.29 new text begin Subd. 3. new text end new text begin Preservation and Access new text end new text begin 9,703,000 new text end new text begin 9,703,000 new text end 25.30 new text begin Subd. 4. new text end new text begin Fiscal Agent new text end 25.31 new text begin (a) Minnesota International Center new text end new text begin 43,000 new text end new text begin 43,000 new text end 25.32 new text begin (b) Minnesota Air National Guard Museum new text end new text begin 16,000 new text end new text begin 0 new text end 26.1 new text begin (c) Minnesota Military Museum new text end new text begin 100,000 new text end new text begin 0 new text end 26.2 new text begin (d) Farmamerica new text end new text begin 128,000 new text end new text begin 128,000 new text end 26.3 new text begin (e) $75,000 the first year and $75,000 the new text end 26.4 new text begin second year are for a grant to the city of new text end 26.5 new text begin Eveleth to be used for the support of the new text end 26.6 new text begin Hockey Hall of Fame Museum provided new text end 26.7 new text begin that it continues to operate in the city. This new text end 26.8 new text begin grant is in addition to and must not be new text end 26.9 new text begin used to supplant funding under Minnesota new text end 26.10 new text begin Statutes, section 298.28, subdivision 9c. This new text end 26.11 new text begin appropriation is added to the society's budget new text end 26.12 new text begin base. new text end 26.13 new text begin (f) Memorials new text end 26.14 new text begin $50,000 is to the commissioner of new text end 26.15 new text begin administration to construct a workers new text end 26.16 new text begin memorial on the Capitol grounds in St. new text end 26.17 new text begin Paul. This appropriation is added to the new text end 26.18 new text begin appropriations in Laws 2006, chapter 258, new text end 26.19 new text begin section 12, subdivision 4; and Laws 2008, new text end 26.20 new text begin chapter 363, article 13, section 9. new text end 26.21 new text begin $50,000 is to the Capitol Area Architectural new text end 26.22 new text begin and Planning Board to design and construct new text end 26.23 new text begin a memorial to Hubert H. Humphrey in the new text end 26.24 new text begin Capitol area. This appropriation is added to new text end 26.25 new text begin the appropriations for the same purpose in new text end 26.26 new text begin Laws 1993, chapter 192, section 16; Laws new text end 26.27 new text begin 1999, chapter 250, article 1, section 13; and new text end 26.28 new text begin Laws 2008, chapter 363, article 13, section new text end 26.29 new text begin 9, and is available until expended. new text end 26.30 new text begin (g) Balances Forward new text end 26.31 new text begin Any unencumbered balance remaining in new text end 26.32 new text begin this subdivision the first year does not cancel new text end 26.33 new text begin but is available for the second year of the new text end 26.34 new text begin biennium. new text end 27.1 new text begin Subd. 5. new text end new text begin Fund Transfer new text end 27.2 new text begin The Minnesota Historical Society may new text end 27.3 new text begin reallocate funds appropriated in and between new text end 27.4 new text begin subdivisions 2 and 3 for any program new text end 27.5 new text begin purposes and the appropriations are available new text end 27.6 new text begin in either year of the biennium. new text end 27.7 Sec. 11. new text begin BOARD OF THE ARTS new text end 27.8 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 8,624,000 new text end new text begin $ new text end new text begin 8,624,000 new text end 27.9 new text begin The amounts that may be spent for each new text end 27.10 new text begin purpose are specified in the following new text end 27.11 new text begin subdivisions. new text end 27.12 new text begin Subd. 2. new text end new text begin Operations and Services new text end new text begin 651,000 new text end new text begin 651,000 new text end 27.13 new text begin Subd. 3. new text end new text begin Grants Program new text end new text begin 5,515,000 new text end new text begin 5,515,000 new text end 27.14 new text begin Subd. 4. new text end new text begin Regional Arts Councils new text end new text begin 2,458,000 new text end new text begin 2,458,000 new text end 27.15 27.16 Sec. 12. new text begin MINNESOTA HUMANITIES new text end new text begin CENTER new text end new text begin $ new text end new text begin 250,000 new text end new text begin $ new text end new text begin 250,000 new text end 27.17 Sec. 13. new text begin PUBLIC BROADCASTING new text end new text begin $ new text end new text begin 2,295,000 new text end new text begin $ new text end new text begin 2,015,000 new text end 27.18 new text begin (a) The appropriations under this section are new text end 27.19 new text begin to the commissioner of administration for the new text end 27.20 new text begin purposes specified. new text end 27.21 new text begin (b) $280,000 is for a grant to Minnesota new text end 27.22 new text begin Public Radio to assist with conversion to a new text end 27.23 new text begin digital broadcast signal. This is a onetime new text end 27.24 new text begin appropriation. new text end 27.25 new text begin (c) $1,161,000 the first year and $1,161,000 new text end 27.26 new text begin the second year are for matching grants for new text end 27.27 new text begin public television. new text end 27.28 new text begin (d) $200,000 the first year and $200,000 new text end 27.29 new text begin the second year are for public television new text end 27.30 new text begin equipment grants. Equipment or matching new text end 27.31 new text begin grant allocations shall be made after new text end 28.1 new text begin considering the recommendations of the new text end 28.2 new text begin Minnesota Public Television Association. new text end 28.3 new text begin (e) $17,000 the first year and $17,000 the new text end 28.4 new text begin second year are for grants to the Twin Cities new text end 28.5 new text begin regional cable channel. new text end 28.6 new text begin (f) $287,000 the first year and $287,000 the new text end 28.7 new text begin second year are for community service grants new text end 28.8 new text begin to public educational radio stations. new text end 28.9 new text begin (g) $100,000 the first year and $100,000 new text end 28.10 new text begin the second year are for equipment grants to new text end 28.11 new text begin public educational radio stations. new text end 28.12 new text begin (h) The grants in paragraphs (f) and (g) new text end 28.13 new text begin must be allocated after considering the new text end 28.14 new text begin recommendations of the Association of new text end 28.15 new text begin Minnesota Public Educational Radio Stations new text end 28.16 new text begin under Minnesota Statutes, section 129D.14. new text end 28.17 new text begin (i) $250,000 the first year and $250,000 new text end 28.18 new text begin the second year are for equipment grants to new text end 28.19 new text begin Minnesota Public Radio, Inc. new text end 28.20 new text begin (j) Any unencumbered balance remaining the new text end 28.21 new text begin first year for grants to public television or new text end 28.22 new text begin radio stations does not cancel and is available new text end 28.23 new text begin for the second year. new text end 28.24 Sec. 14. new text begin BOARD OF ACCOUNTANCY new text end new text begin $ new text end new text begin 505,000 new text end new text begin $ new text end new text begin 505,000 new text end 28.25 28.26 28.27 28.28 Sec. 15. 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 815,000 new text end new text begin $ new text end new text begin 815,000 new text end 28.29 28.30 Sec. 16. new text begin BOARD OF COSMETOLOGIST new text end new text begin EXAMINERS new text end new text begin $ new text end new text begin 691,000 new text end new text begin $ new text end new text begin 651,000 new text end 28.31 Sec. 17. new text begin BOARD OF BARBER EXAMINERS new text end new text begin $ new text end new text begin 193,000 new text end new text begin $ new text end new text begin 188,000 new text end 29.1 29.2 Sec. 18. new text begin COMBATIVE SPORTS new text end new text begin COMMISSION new text end new text begin $ new text end new text begin 80,000 new text end new text begin $ new text end new text begin 80,000 new text end 29.3 new text begin This is a onetime appropriation. The new text end 29.4 new text begin Combative Sports Commission expires on new text end 29.5 new text begin July 1, 2011, unless the commissioner of new text end 29.6 new text begin finance determines that the commission's new text end 29.7 new text begin projected expenditures for the fiscal biennium new text end 29.8 new text begin ending June 30, 2013, will not exceed the new text end 29.9 new text begin commission's projected revenues for the new text end 29.10 new text begin fiscal biennium ending June 30, 2013, from new text end 29.11 new text begin fees and penalties authorized in Minnesota new text end 29.12 new text begin Statutes 2008, chapter 341. new text end 29.13 Sec. 19. new text begin TRANSFERS new text end 29.14 new text begin By June 30, 2010, the commissioner of new text end 29.15 new text begin finance shall transfer $2,500,000, and by June new text end 29.16 new text begin 30, 2011, $2,500,000 of the unencumbered new text end 29.17 new text begin balance in the workforce development fund new text end 29.18 new text begin to the general fund. new text end 29.19 29.20 Sec. 20. new text begin LEGISLATIVE COORDINATING new text end new text begin COMMISSION new text end new text begin $ new text end new text begin 70,000 new text end new text begin $ new text end new text begin 0 new text end 29.21 new text begin From the general fund to the Legislative new text end 29.22 new text begin Coordinating Commission under Minnesota new text end 29.23 new text begin Statutes, section 3.303, for fiscal year 2010 new text end 29.24 new text begin for the economic development strategy new text end 29.25 new text begin working group established in article 2, new text end 29.26 new text begin section 41. new text end 29.27ARTICLE 2 29.28EMPLOYMENT AND ECONOMIC DEVELOPMENT 29.29- RELATED PROVISIONS 29.30    Section 1. Minnesota Statutes 2008, section 15.75, subdivision 5, is amended to read: 29.31    Subd. 5. Agreements with Department of Employment and Economic 29.32Development. The commissioner of employment and economic development may 29.33enter into agreements with regional entities established under subdivision 4 to prepare 30.1plans to ensure coordination of the department's business development, community 30.2development, new text begin workforce development, new text end and trade functions with programs of local units of 30.3government and other public and private development agencies in the regions. The plans 30.4will identify regional development priorities and serve as a guide for the implementation 30.5of the department's programs in the regions. 30.6    Sec. 2. Minnesota Statutes 2008, section 16B.54, subdivision 2, is amended to read: 30.7    Subd. 2. Vehicles. (a) The commissioner may direct an agency to make a transfer of 30.8a passenger motor vehicle or truck currently assigned to it. The transfer must be made to 30.9the commissioner for use in the central motor pool. The commissioner shall reimburse an 30.10agency whose motor vehicles have been paid for with funds dedicated by the Constitution 30.11for a special purpose and which are assigned to the central motor pool. The amount of 30.12reimbursement for a motor vehicle is its average wholesale price as determined from the 30.13midwest edition of the National Automobile Dealers Association official used car guide. 30.14(b) To the extent that funds are available for the purpose, the commissioner may 30.15purchase or otherwise acquire additional passenger motor vehicles and trucks necessary 30.16for the central motor pool. The title to all motor vehicles assigned to or purchased or 30.17acquired for the central motor pool is in the name of the Department of Administration. 30.18(c) On the request of an agency, the commissioner may transfer to the central 30.19motor pool any passenger motor vehicle or truck for the purpose of disposing of it. The 30.20department or agency transferring the vehicle or truck must be paid for it from the motor 30.21pool revolving account established by this section in an amount equal to two-thirds of the 30.22average wholesale price of the vehicle or truck as determined from the midwest edition of 30.23the National Automobile Dealers Association official used car guide. 30.24(d) The commissioner shall provide for the uniform marking of all motor vehicles. 30.25Motor vehicle colors must be selected from the regular color chart provided by the 30.26manufacturer each year. The commissioner may further provide for the use of motor 30.27vehicles without marking by: 30.28(1) the governor; 30.29(2) the lieutenant governor; 30.30(3) the Division of Criminal Apprehension, the Division of Alcohol and Gambling 30.31Enforcement, and arson investigators of the Division of Fire Marshal in the Department of 30.32Public Safety; 30.33(4) the Financial Institutions Division new text begin and investigative staff new text end of the Department 30.34of Commerce; 30.35(5) the Division of Disease Prevention and Control of the Department of Health; 31.1(6) the State Lottery; 31.2(7) criminal investigators of the Department of Revenue; 31.3(8) state-owned community service facilities in the Department of Human Services; 31.4(9) the investigative staff of the Department of Employment and Economic 31.5Development; 31.6(10) new text begin (9) new text end the Office of the Attorney General; and 31.7(11) new text begin (10) new text end the investigative staff of the Gambling Control Board. 31.8    Sec. 3. Minnesota Statutes 2008, section 84.94, subdivision 3, is amended to read: 31.9    Subd. 3. Identification and classification. The Department of Natural Resources, 31.10with the cooperation of the state Geological Survey, Departments new text begin the Department new text end of 31.11Transportation, and Energy, Planning and Development new text begin the Department of Employment new text end 31.12 new text begin and Economic Development new text end , outside of the metropolitan area as defined in section 31.13473.121 , shall conduct a program of identification and classification of potentially valuable 31.14publicly or privately owned aggregate lands located outside of urban or developed areas 31.15where aggregate mining is restricted, without consideration of their present land use. The 31.16program shall give priority to identification and classification in areas of the state where 31.17urbanization or other factors are or may be resulting in a loss of aggregate resources to 31.18development. Lands shall be classified as: 31.19(1) identified resources, being those containing significant aggregate deposits; 31.20(2) potential resources, being those containing potentially significant deposits and 31.21meriting further evaluation; or 31.22(3) subeconomic resources, being those containing no significant deposits. 31.23As lands are classified, the information on the classification shall be transmitted to 31.24each of the departments and agencies named in this subdivision, to the planning authority 31.25of the appropriate county and municipality, and to the appropriate county engineer. The 31.26county planning authority shall notify owners of land classified under this subdivision by 31.27publication in a newspaper of general circulation in the county or by mail. 31.28    Sec. 4. Minnesota Statutes 2008, section 116J.035, subdivision 1, is amended to read: 31.29    Subdivision 1. Powers. (a) The commissioner may: 31.30(1) apply for, receive, and expend money from municipal, county, regional, and 31.31other government agencies; 31.32(2) apply for, accept, and disburse grants and other aids from other public or private 31.33sources; 32.1(3) contract for professional services if such work or services cannot be satisfactorily 32.2performed by employees of the department or by any other state agency; 32.3(4) enter into interstate compacts to jointly carry out such research and planning with 32.4other states or the federal government where appropriate; 32.5(5) distribute informational material at no cost to the public upon reasonable request; 32.6and 32.7(6) enter into contracts necessary for the performance of the commissioner's duties 32.8with federal, state, regional, metropolitan, local, and other agencies or units of government; 32.9educational institutions, including the University of Minnesota. Contracts made pursuant 32.10to this section shall not be subject to the competitive bidding requirements of chapter 16C. 32.11(b) The commissioner may apply for, receive, and expend money made available 32.12from federal or other sources for the purpose of carrying out the duties and responsibilities 32.13of the commissioner pursuant to this chapter. 32.14(c) All moneys received by the commissioner pursuant to this chapter shall be 32.15deposited in the state treasury and new text begin , subject to section 3.3005, new text end are appropriated to the 32.16commissioner for the purpose for which the moneys have been received. The money shall 32.17not cancel and shall be available until expended. 32.18    Sec. 5. Minnesota Statutes 2008, section 116J.035, subdivision 6, is amended to read: 32.19    Subd. 6. Receipt of gifts, money new text begin ; appropriation new text end . new text begin (a) new text end The commissioner may 32.20accept gifts, bequests, grants, payments for services, and other public and private money 32.21to help finance the activities of the department. new text begin : new text end 32.22 new text begin (1) apply for, accept, and disburse gifts, bequests, grants, payments for services, new text end 32.23 new text begin loans, or other property from the United States, the state, private foundations, or any new text end 32.24 new text begin other source; new text end 32.25 new text begin (2) enter into an agreement required for the gifts, grants, or loans; and new text end 32.26 new text begin (3) hold, use, and dispose of its assets according to the terms of the gift, grant, new text end 32.27 new text begin loan, or agreement. new text end 32.28 new text begin (b) Money received by the commissioner under this subdivision must be deposited new text end 32.29 new text begin in a separate account in the state treasury and invested by the State Board of Investment. new text end 32.30 new text begin The amount deposited, including investment earnings, is appropriated to the commissioner new text end 32.31 new text begin to carry out duties under this section. new text end 32.32    Sec. 6. Minnesota Statutes 2008, section 116J.401, subdivision 2, is amended to read: 32.33    Subd. 2. Duties new text begin ; authorizations; limitations new text end . new text begin (a) new text end The commissioner of employment 32.34and economic development shall: 33.1(1) provide regional development commissions, the Metropolitan Council, and 33.2units of local government with information, technical assistance, training, and advice on 33.3using federal and state programs; 33.4(2) receive and administer the Small Cities Community Development Block Grant 33.5Program authorized by Congress under the Housing and Community Development Act of 33.61974, as amended; 33.7(3) receive and administer the section 107 technical assistance program grants 33.8authorized by Congress under the Housing and Community Development Act of 1974, as 33.9amended; 33.10(4) receive, administer, and supervise other state and federal grants and grant 33.11programs for planning, community affairs, community development purposes, 33.12employment and training services, and other state and federal programs assigned to the 33.13department by law or by the governor in accordance with section 4.07; 33.14(5) receive applications for state and federal grants and grant programs for planning, 33.15community affairs, and community development purposes, and other state and federal 33.16programs assigned to the department by law or by the governor in accordance with section 33.174.07 ; 33.18(6) act as the agent of, and cooperate with, the federal government in matters of 33.19mutual concern, including the administration of any federal funds granted to the state to 33.20aid in the performance of functions of the commissioner; 33.21(7) provide consistent, integrated employment and training services across the state; 33.22(8) administer the Wagner-Peyser Act, the Workforce Investment Act, and other 33.23federal employment and training programs; 33.24(9) establish the standards for all employment and training services administered 33.25under this chapter and chapters 116L, 248, 268, and 268A; 33.26(10) administer the aspects of the Minnesota family investment program, general 33.27assistance, and food stamps that relate to employment and training services, subject to the 33.28contract under section 116L.86, subdivision 1; 33.29(11) obtain reports from local service units and service providers for the purpose of 33.30evaluating the performance of employment and training services; 33.31(12) as requested, certify employment and training services, and decertify services 33.32that fail to comply with performance criteria according to standards established by the 33.33commissioner; 33.34(13) develop standards for the contents and structure of the local service unit plans 33.35and plans for Indian tribe employment and training services, review and comment on those 33.36plans, and approve or disapprove the plans; 34.1(14) supervise the county boards of commissioners, local service units, and any other 34.2units of government designated in federal or state law as responsible for employment and 34.3training programs; 34.4(15) establish administrative standards and payment conditions for providers of 34.5employment and training services; 34.6(16) enter into agreements with Indian tribes as necessary to provide employment 34.7and training services as appropriate funds become available; 34.8(17) cooperate with the federal government and its employment and training 34.9agencies in any reasonable manner as necessary to qualify for federal aid for employment 34.10and training services and money; 34.11(18) administer and supervise all forms of unemployment insurance provided for 34.12under federal and state laws; 34.13(19) provide current state and substate labor market information and forecasts, in 34.14cooperation with other agencies; 34.15(20) require all general employment and training programs that receive state funds 34.16to make available information about opportunities for women in nontraditional careers 34.17in the trades and technical occupations; 34.18(21) consult with the Rehabilitation Council for the Blind on matters pertaining to 34.19programs and services for the blind and visually impaired; 34.20(22) enter into agreements with other departments of the state and local units of 34.21government as necessary; and 34.22(23) establish and maintain administrative units necessary to perform administrative 34.23functions common to all divisions of the department. new text begin ; new text end 34.24 new text begin (24) investigate, study, and undertake ways and means of promoting and encouraging new text end 34.25 new text begin the prosperous development and protection of the legitimate interest and welfare of new text end 34.26 new text begin Minnesota business, industry, and commerce, within and outside the state; new text end 34.27 new text begin (25) locate markets for manufacturers and processors and aid merchants in locating new text end 34.28 new text begin and contacting markets; new text end 34.29 new text begin (26) as necessary or useful for the proper execution of the powers and duties of the new text end 34.30 new text begin commissioner in promoting and developing Minnesota business, industry, and commerce, new text end 34.31 new text begin both within and outside the state, investigate and study conditions affecting Minnesota new text end 34.32 new text begin business, industry, and commerce; collect and disseminate information; and engage in new text end 34.33 new text begin technical studies, scientific investigations, statistical research, and educational activities; new text end 34.34 new text begin (27) plan and develop an effective business information service both for the direct new text end 34.35 new text begin assistance of business and industry of the state and for the encouragement of business and new text end 34.36 new text begin industry outside the state to use economic facilities within the state; new text end 35.1 new text begin (28) compile, collect, and develop periodically, or otherwise make available, new text end 35.2 new text begin information relating to current business conditions; new text end 35.3 new text begin (29) conduct or encourage research designed to further new and more extensive uses new text end 35.4 new text begin of the natural and other resources of the state and designed to develop new products new text end 35.5 new text begin and industrial processes; new text end 35.6 new text begin (30) study trends and developments in the industries of the state and analyze the new text end 35.7 new text begin reasons underlying the trends; new text end 35.8 new text begin (31) study costs and other factors affecting successful operation of businesses within new text end 35.9 new text begin the state; new text end 35.10 new text begin (32) make recommendations regarding circumstances promoting or hampering new text end 35.11 new text begin business and industrial development; new text end 35.12 new text begin (33) serve as a clearing house for business and industrial problems of the state; new text end 35.13 new text begin (34) advise small business enterprises regarding improved methods of accounting new text end 35.14 new text begin and bookkeeping; new text end 35.15 new text begin (35) cooperate with interstate commissions engaged in formulating and promoting new text end 35.16 new text begin the adoption of interstate compacts and agreements helpful to business, industry, and new text end 35.17 new text begin commerce; new text end 35.18 new text begin (36) cooperate with other state departments and with boards, commissions, and new text end 35.19 new text begin other state agencies in the preparation and coordination of plans and policies for the new text end 35.20 new text begin development of the state and for the use and conservation of its resources insofar as the new text end 35.21 new text begin use, conservation, and development may be appropriately directed or influenced by a new text end 35.22 new text begin state agency; new text end 35.23 new text begin (37) in connection with state, county, and municipal public works projects, assemble new text end 35.24 new text begin and coordinate information relative to the status, scope, cost, and employment possibilities new text end 35.25 new text begin and availability of materials, equipment, and labor, and recommend limitations on the new text end 35.26 new text begin public works; new text end 35.27 new text begin (38) gather current progress information with reference to public and private new text end 35.28 new text begin works projects of the state and its political subdivisions with reference to conditions of new text end 35.29 new text begin employment; new text end 35.30 new text begin (39) inquire into and report to the governor, when requested by the governor, with new text end 35.31 new text begin respect to any program of public state improvements and its financing; and request new text end 35.32 new text begin and obtain information from other state departments or agencies as may be needed for new text end 35.33 new text begin the report; new text end 35.34 new text begin (40) study changes in population and current trends and prepare plans and suggest new text end 35.35 new text begin policies for the development and conservation of the resources of the state; new text end 36.1 new text begin (41) confer and cooperate with the executive, legislative, or planning authorities of new text end 36.2 new text begin the United States, neighboring states and provinces, and the counties and municipalities new text end 36.3 new text begin of neighboring states, for the purpose of bringing about a coordination between the new text end 36.4 new text begin development of neighboring provinces, states, counties, and municipalities and the new text end 36.5 new text begin development of this state; new text end 36.6 new text begin (42) generally gather, compile, and make available statistical information relating to new text end 36.7 new text begin business, trade, commerce, industry, transportation, communication, natural resources, new text end 36.8 new text begin and other like subjects in this state, with authority to call upon other state departments for new text end 36.9 new text begin statistical data and results obtained by them and to arrange and compile that statistical new text end 36.10 new text begin information in a reasonable manner; new text end 36.11 new text begin (43) publish documents and annually convene regional meetings to inform new text end 36.12 new text begin businesses, local government units, assistance providers, and other interested persons of new text end 36.13 new text begin changes in state and federal law related to economic development; new text end 36.14 new text begin (44) annually convene conferences of providers of economic development-related new text end 36.15 new text begin financial and technical assistance for the purposes of exchanging information on economic new text end 36.16 new text begin development assistance, coordinating economic development activities, and formulating new text end 36.17 new text begin economic development strategies; new text end 36.18 new text begin (45) provide business with information on the economic benefits of energy new text end 36.19 new text begin conservation and on the availability of energy conservation assistance; new text end 36.20 new text begin (46) as part of the biennial budget process, prepare performance measures for each new text end 36.21 new text begin business loan or grant program within the jurisdiction of the commissioner. Measures new text end 36.22 new text begin include source of funds for each program, number of jobs proposed or promised at the new text end 36.23 new text begin time of application and the number of jobs created, estimated number of jobs retained, the new text end 36.24 new text begin average salary and benefits for the jobs resulting from the program, and the number of new text end 36.25 new text begin projects approved; new text end 36.26 new text begin (47) provide a continuous program of education for business people; new text end 36.27 new text begin (48) publish, disseminate, and distribute information and statistics; new text end 36.28 new text begin (49) promote and encourage the expansion and development of markets for new text end 36.29 new text begin Minnesota products; new text end 36.30 new text begin (50) promote and encourage the location and development of new businesses in the new text end 36.31 new text begin state as well as the maintenance and expansion of existing businesses and for that purpose new text end 36.32 new text begin cooperate with state and local agencies and individuals, both within and outside the state; new text end 36.33 new text begin (51) advertise and disseminate information as to natural resources, desirable new text end 36.34 new text begin locations, and other advantages for the purpose of attracting businesses to locate in this new text end 36.35 new text begin state; new text end 37.1 new text begin (52) aid the various communities in this state in attracting business to their new text end 37.2 new text begin communities; new text end 37.3 new text begin (53) advise and cooperate with municipal, county, regional, and other planning new text end 37.4 new text begin agencies and planning groups within the state for the purpose of promoting coordination new text end 37.5 new text begin between the state and localities as to plans and development in order to maintain a high new text end 37.6 new text begin level of gainful employment in private profitable production and achieve commensurate new text end 37.7 new text begin advancement in social and cultural welfare; new text end 37.8 new text begin (54) coordinate the activities of statewide and local planning agencies, correlate new text end 37.9 new text begin information secured from them and from state departments and disseminate information new text end 37.10 new text begin and suggestions to the planning agencies; new text end 37.11 new text begin (55) encourage and assist in the organization and functioning of local planning new text end 37.12 new text begin agencies where none exist; and new text end 37.13 new text begin (56) adopt measures calculated to promote public interest in and understanding of new text end 37.14 new text begin the problems of planning and, to that end, may publish and distribute copies of any plan new text end 37.15 new text begin or any report and may employ other means of publicity and education that will give full new text end 37.16 new text begin effect to the provisions of sections 116J.58 to 116J.63. new text end 37.17 new text begin (b) At the request of any governmental subdivision in paragraph (a), clause (53), new text end 37.18 new text begin the commissioner may provide planning assistance, which includes but is not limited to new text end 37.19 new text begin surveys, land use studies, urban renewal plans, technical services and other planning work new text end 37.20 new text begin to any city or other municipality in the state or perform similar planning work in any new text end 37.21 new text begin county, metropolitan, or regional area in the state. The commissioner must not perform new text end 37.22 new text begin the planning work with respect to a metropolitan or regional area which is under the new text end 37.23 new text begin jurisdiction for planning purposes of a county, metropolitan, regional, or joint planning new text end 37.24 new text begin body, except at the request or with the consent of the respective county, metropolitan, new text end 37.25 new text begin regional, or joint planning body. new text end 37.26 new text begin (c) The commissioner is authorized to: new text end 37.27 new text begin (1) receive and expend money from municipal, county, regional, and other planning new text end 37.28 new text begin agencies; new text end 37.29 new text begin (2) accept and disburse grants and other aids for planning purposes from the federal new text end 37.30 new text begin government and from other public or private sources; new text end 37.31 new text begin (3) utilize money received under clause (2) for the employment of consultants and new text end 37.32 new text begin other temporary personnel to assist in the supervision or performance of planning work new text end 37.33 new text begin supported by money other than state-appropriated money; new text end 37.34 new text begin (4) enter into contracts with agencies of the federal government, units of local new text end 37.35 new text begin government or combinations thereof, and with private persons that are necessary in the new text end 37.36 new text begin performance of the planning assistance function of the commissioner; and new text end 38.1 new text begin (5) assist any local government unit in filling out application forms for the federal new text end 38.2 new text begin grants-in-aid. new text end 38.3 new text begin (d) In furtherance of its planning functions, any city or town, however organized, new text end 38.4 new text begin may expend money and contract with agencies of the federal government, appropriate new text end 38.5 new text begin departments of state government, other local units of government, and with private new text end 38.6 new text begin persons. new text end 38.7    Sec. 7. Minnesota Statutes 2008, section 116J.431, subdivision 1, is amended to read: 38.8    Subdivision 1. Grant program established new text begin ; purpose new text end . new text begin (a) new text end The commissioner shall 38.9make grants to new text begin counties or new text end cities to provide up to 50 percent of the capital costs of public 38.10infrastructure necessary for an eligible economic development project. The new text begin county or new text end city 38.11receiving a grant must provide for the remainder of the costs of the project, either in cash 38.12or in kind. In-kind contributions may include the value of site preparation other than the 38.13public infrastructure needed for the project. 38.14For purposes of this section, "city" means a statutory or home rule charter city 38.15located outside the metropolitan area, as defined in section 473.121, subdivision 2. 38.16"Public infrastructure" means publicly owned physical infrastructure necessary to 38.17support economic development projects, including, but not limited to, sewers, water 38.18supply systems, utility extensions, streets, wastewater treatment systems, stormwater 38.19management systems, and facilities for pretreatment of wastewater to remove phosphorus. 38.20 new text begin (b) new text end The purpose of the grants new text begin made under this section new text end is to keep or enhance jobs in 38.21the area, increase the tax base, or to expand or create new economic development. 38.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 38.23    Sec. 8. Minnesota Statutes 2008, section 116J.431, is amended by adding a subdivision 38.24to read: 38.25     new text begin Subd. 1a. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms have new text end 38.26 new text begin the meanings given. new text end 38.27 new text begin (b) "City" means a statutory or home rule charter city located outside the new text end 38.28 new text begin metropolitan area, as defined in section new text end new text begin 473.121, subdivision 2 new text end new text begin . new text end 38.29 new text begin (c) "County" means a county located outside the metropolitan area, as defined in new text end 38.30 new text begin section 473.121, subdivision 2. new text end 38.31 new text begin (d) "Public infrastructure" means publicly owned physical infrastructure necessary new text end 38.32 new text begin to support economic development projects, including, but not limited to, sewers, water new text end 38.33 new text begin supply systems, utility extensions, streets, wastewater treatment systems, storm water new text end 38.34 new text begin management systems, and facilities for pretreatment of wastewater to remove phosphorus. new text end 39.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 39.2    Sec. 9. Minnesota Statutes 2008, section 116J.431, subdivision 2, is amended to read: 39.3    Subd. 2. Eligible projects. An economic development project for which a new text begin county or new text end 39.4city may be eligible to receive a grant under this section includes: 39.5(1) manufacturing; 39.6(2) technology; 39.7(3) warehousing and distribution; 39.8(4) research and development; 39.9(5) agricultural processing, defined as transforming, packaging, sorting, or grading 39.10livestock or livestock products into goods that are used for intermediate or final 39.11consumption, including goods for nonfood use; or 39.12(6) industrial park development that would be used by any other business listed 39.13in this subdivision. 39.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 39.15    Sec. 10. Minnesota Statutes 2008, section 116J.431, subdivision 4, is amended to read: 39.16    Subd. 4. Application. (a) The commissioner must develop forms and procedures 39.17for soliciting and reviewing applications for grants under this section. At a minimum, a 39.18 new text begin county or new text end city must include in its application a resolution of the new text begin county or new text end city council 39.19certifying that the required local match is available. The commissioner must evaluate 39.20complete applications for eligible projects using the following criteria: 39.21(1) the project is an eligible project as defined under subdivision 2; 39.22(2) the project will result in substantial public and private capital investment and 39.23provide substantial economic benefit to the new text begin county or new text end city in which the project would 39.24be located; 39.25(3) the project is not relocating substantially the same operation from another 39.26location in the state, unless the commissioner determines the project cannot be reasonably 39.27accommodated within the new text begin county or new text end city in which the business is currently located, or the 39.28business would otherwise relocate to another state; and 39.29(4) the project will create or maintain full-time jobs. 39.30(b) The determination of whether to make a grant for a site is within the discretion of 39.31the commissioner, subject to this section. The commissioner's decisions and application of 39.32the priorities are not subject to judicial review, except for abuse of discretion. 39.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 40.1    Sec. 11. Minnesota Statutes 2008, section 116J.431, subdivision 6, is amended to read: 40.2    Subd. 6. Maximum grant amount. A new text begin county or new text end city may receive no more than 40.3$1,000,000 in two years for one or more projects. 40.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 40.5    Sec. 12. Minnesota Statutes 2008, section 116J.435, subdivision 3, is amended to read: 40.6    Subd. 3. Grant program established. (a) The commissioner shall make 40.7competitive grants to local governmental units to acquire and prepare land on which 40.8public infrastructure required to support an eligible project will be located, including 40.9demolition of structures and remediation of any hazardous conditions on the land, or to 40.10predesign, design, acquire, construct, furnish, and equip public infrastructure required to 40.11support an eligible project. The local governmental unit receiving a grant must provide 40.12for the remainder of the public infrastructure costs. new text begin The commissioner may waive new text end 40.13 new text begin the requirements related to an eligible project under subdivision 2 if a project would new text end 40.14 new text begin be eligible under this section but for the fact that its location requires infrastructure new text end 40.15 new text begin improvements to residential development. new text end 40.16(b) The amount of a grant may not exceed the lesser of the cost of the public 40.17infrastructure or 50 percent of the sum of the cost of the public infrastructure plus the cost 40.18of the completed eligible project. 40.19(c) The purpose of the program is to keep or enhance jobs in the area, increase the 40.20tax base, or to expand or create new economic development through the growth of new 40.21bioscience businesses and organizations. 40.22    Sec. 13. new text begin [116J.438] MINNESOTA GREEN ENTERPRISE ASSISTANCE. new text end 40.23 new text begin (a) The commissioner of employment and economic development in consultation new text end 40.24 new text begin with the commissioner of commerce, shall lead a multiagency project to advise, new text end 40.25 new text begin promote, market, and coordinate state agency collaboration on green enterprise and new text end 40.26 new text begin green economy projects, as defined in section 116J.437. The multiagency project must new text end 40.27 new text begin include the commissioners of employment and economic development, natural resources, new text end 40.28 new text begin agriculture, transportation, and commerce, and the Pollution Control Agency. The new text end 40.29 new text begin project must involve collaboration with the chairs and ranking minority members of new text end 40.30 new text begin legislative committees overseeing energy policy and energy finance, state agencies, new text end 40.31 new text begin local governments, representatives from business and agriculture, and other interested new text end 40.32 new text begin stakeholders. The objective of the project is to utilize existing state resources to expedite new text end 40.33 new text begin the delivery of grants, licenses, permits, and other state authorizations and approvals for new text end 41.1 new text begin green economy projects. The commissioner shall appoint a lead person to coordinate new text end 41.2 new text begin green enterprise assistance activities. new text end 41.3 new text begin (b) The commissioner of employment and economic development shall seek out and new text end 41.4 new text begin may select persons from the business community to assist the commissioner in project new text end 41.5 new text begin activities. new text end 41.6 new text begin (c) The commissioner may accept gifts, contributions, and in-kind services for the new text end 41.7 new text begin purposes of this section, under the authority provided in section 116J.035, subdivision new text end 41.8 new text begin 1. Any funds received must be placed in a special revenue account for the purposes of new text end 41.9 new text begin this section. new text end 41.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 41.11    Sec. 14. Minnesota Statutes 2008, section 116J.554, subdivision 1, is amended to read: 41.12    Subdivision 1. Authority. (a) The commissioner may make a grant to an applicant 41.13development authority to pay for up to 75 percent of the project costs for a qualifying site. 41.14(b) The commissioner may also make a grant to an applicant development authority 41.15to pay up to 75 percent or $50,000, whichever is less, toward the cost of performing 41.16contaminant investigations and the development of a response action plan for a qualifying 41.17site. 41.18(c) The commissioner may also make a grant to an applicant to fill a site that would 41.19represent more than 50 percent of the remaining land in a city suitable for industrial 41.20development if it were properly filled. 41.21(d) The determination of whether to make a grant for a qualifying site is within the 41.22sole discretion of the commissioner, subject to the process provided by this section, and 41.23available unencumbered money in the appropriation. The commissioner's decisions and 41.24application of the priorities under section 116J.555 are not subject to judicial review, 41.25except for abuse of discretion. 41.26(e) The total amount of money provided in grants under paragraph (b) may not 41.27exceed $250,000 new text begin $500,000 new text end per fiscal year. 41.28(f) In making grants under paragraph (b), the commissioner shall give priority to 41.29applicants that have not received a grant under paragraph (a) or section 473.252 during 41.30the year ending on the date of application. 41.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 41.32    Sec. 15. Minnesota Statutes 2008, section 116J.555, subdivision 1, is amended to read: 42.1    Subdivision 1. Priorities. (a) The legislature expects that applications for grants 42.2will exceed the available appropriations and the agency will be able to provide grants to 42.3only some of the applicant development authorities. 42.4    (b) If applications for grants for qualified sites exceed the available appropriations, 42.5the agency shall make grants for sites that, in the commissioner's judgment, provide 42.6the highest return in public benefits for the public costs incurred and that meet all the 42.7requirements provided by law. In making this judgment, the commissioner shall consider 42.8the following factors: 42.9    (1) the recommendations or ranking of projects by the commissioner of the Pollution 42.10Control Agency regarding the potential threat to public health and the environment that 42.11would be reduced or eliminated by completion of each of the response action plans; 42.12    (2) the potential increase in the property tax base of the local taxing jurisdictions, 42.13considered relative to the fiscal needs of the jurisdictions, that will result from 42.14developments that will occur because of completion of each of the response action plans; 42.15    (3) the social value to the community of the cleanup and redevelopment of the site, 42.16including the importance of development of the proposed public facilities on each of 42.17the sites; 42.18    (4) the probability that each site will be cleaned up without use of government 42.19money in the reasonably foreseeable future by considering but not limited to the current 42.20market value of the site versus the cleanup cost; 42.21    (5) the amount of cleanup costs for each site; and 42.22    (6) the amount of the commitment of municipal or other local resources to pay for 42.23the cleanup costs. 42.24    The factors are not listed in a rank order of priority; rather the commissioner may 42.25weigh each factor, depending upon the facts and circumstances, as the commissioner 42.26considers appropriate. The commissioner may consider other factors that affect the net 42.27return of public benefits for completion of the response action plan. The commissioner, 42.28notwithstanding the listing of priorities and the goal of maximizing the return of public 42.29benefits, shall make grants that distribute available money to sites both within and outside 42.30of the metropolitan area. The commissioner shall provide a written statement of the 42.31supporting reasons for each grant. Unless sufficient applications are not received for 42.32qualifying sites outside of the metropolitan area, at least 25 new text begin 35 new text end percent of the money 42.33provided as grants must be made for sites located outside of the metropolitan area. 42.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 43.1    Sec. 16. new text begin [116J.6581] MINNESOTA SCIENCE AND TECHNOLOGY new text end 43.2 new text begin ECONOMIC DEVELOPMENT PROJECT. new text end 43.3 new text begin (a) The commissioner of employment and economic development shall lead a new text end 43.4 new text begin public-private project with science and technology experts from public, academic, and new text end 43.5 new text begin private sectors to advise state agency collaboration to design, coordinate, and administer a new text end 43.6 new text begin strategic science and technology program for the state designed to promote the welfare of new text end 43.7 new text begin the people of the state, maximize the economic growth of the state, and create and retain new text end 43.8 new text begin jobs in the state's industrial base through enhancement of Minnesota's: new text end 43.9 new text begin (1) high technology research and development capabilities; new text end 43.10 new text begin (2) product and process innovation and commercialization; new text end 43.11 new text begin (3) high technology manufacturing capabilities; new text end 43.12 new text begin (4) science and technology business environment; and new text end 43.13 new text begin (5) science and technology workforce preparation. new text end 43.14 new text begin (b) Project membership shall consist of science and technology experts from new text end 43.15 new text begin public, academic, and private sectors. A member must have a background in science or new text end 43.16 new text begin technology in order to serve on the project. The project members shall consist of at least new text end 43.17 new text begin 13 members as follows: new text end 43.18 new text begin (1) a representative of the University of Minnesota; new text end 43.19 new text begin (2) a representative of Minnesota State Colleges and Universities; new text end 43.20 new text begin (3) the chief executive officer of Mayo Clinic or a designee; and new text end 43.21 new text begin (4) six chief executive officers or designees from science- or technology-oriented new text end 43.22 new text begin companies and four representatives from science- and technology-oriented trade new text end 43.23 new text begin organizations. new text end 43.24 new text begin (c) The commissioner of employment and economic development must report new text end 43.25 new text begin by January 15, 2010, to the legislative committees having jurisdiction over science new text end 43.26 new text begin and technology and economic development policy and finance on the activities of the new text end 43.27 new text begin project and must recommend changes or additions to its organization, including specific new text end 43.28 new text begin recommendations for necessary legislation. new text end 43.29    Sec. 17. Minnesota Statutes 2008, section 116J.68, subdivision 2, is amended to read: 43.30    Subd. 2. Duties. The bureau shall: 43.31(a) new text begin (1) new text end provide information and assistance with respect to all aspects of business 43.32planning and business management related to the start-up, operation, or expansion of 43.33a small business in Minnesota; 43.34(b) new text begin (2) new text end refer persons interested in the start-up, operation, or expansion of a small 43.35business in Minnesota to assistance programs sponsored by federal agencies, state 44.1agencies, educational institutions, chambers of commerce, civic organizations, community 44.2development groups, private industry associations, and other organizations or to the 44.3business assistance referral system established by the Minnesota Project Outreach 44.4Corporation; 44.5(c) new text begin (3) new text end plan, develop, and implement a master file of information on small business 44.6assistance programs of federal, state, and local governments, and other public and private 44.7organizations so as to provide comprehensive, timely information to the bureau's clients; 44.8(d) new text begin (4) new text end employ staff with adequate and appropriate skills and education and training 44.9for the delivery of information and assistance; 44.10(e) new text begin (5) new text end seek out and utilize, to the extent practicable, contributed expertise and 44.11services of federal, state, and local governments, educational institutions, and other public 44.12and private organizations; 44.13(f) new text begin (6) new text end maintain a close and continued relationship with the director of the 44.14procurement program within the Department of Administration so as to facilitate the 44.15department's duties and responsibilities under sections 16C.16 to 16C.19 relating to the 44.16small targeted group business and economically disadvantaged business program of the 44.17state; 44.18(g) new text begin (7) new text end develop an information system which will enable the commissioner and other 44.19state agencies to efficiently store, retrieve, analyze, and exchange data regarding small 44.20business development and growth in the state. All executive branch agencies of state 44.21government and the secretary of state shall to the extent practicable, assist the bureau in 44.22the development and implementation of the information system; 44.23(h) new text begin (8) new text end establish and maintain a toll free telephone number so that all small business 44.24persons anywhere in the state can call the bureau office for assistance. An outreach 44.25program shall be established to make the existence of the bureau well known to its 44.26potential clientele throughout the state. If the small business person requires a referral to 44.27another provider the bureau may use the business assistance referral system established by 44.28the Minnesota Project Outreach Corporation; 44.29(i) new text begin (9) new text end conduct research and provide data as required by the state legislature; 44.30(j) new text begin (10) new text end develop and publish material on all aspects of the start-up, operation, or 44.31expansion of a small business in Minnesota; 44.32(k) new text begin (11) new text end collect and disseminate information on state procurement opportunities, 44.33including information on the procurement process; 44.34(l) new text begin (12) new text end develop a public awareness program through the use of newsletters, personal 44.35contacts, and electronic and print news media advertising about state assistance programs 45.1for small businesses, including those programs specifically for socially disadvantaged 45.2small business persons; 45.3(m) new text begin (13) new text end enter into agreements with the federal government and other public and 45.4private entities to serve as the statewide coordinator or host agency for the federal small 45.5business development center program under United States Code, title 15, section 648; and 45.6(n) new text begin (14) new text end assist providers in the evaluation of their programs and the assessment of 45.7their service area needs. The bureau may establish model evaluation techniques and 45.8performance standards for providers to use. 45.9    Sec. 18. Minnesota Statutes 2008, section 116J.8731, subdivision 2, is amended to read: 45.10    Subd. 2. Administration. The commissioner shall administer the fund as part of 45.11the Small Cities Development Block Grant Program. Funds shall be made available to 45.12local communities and recognized Indian tribal governments in accordance with the rules 45.13adopted for economic development grants in the small cities community development 45.14block grant program, except that all units of general purpose local government are eligible 45.15applicants for Minnesota investment funds. new text begin The commissioner may also make funds new text end 45.16 new text begin available within the department for eligible expenditures under subdivision 3, clause new text end 45.17 new text begin (2). new text end A home rule charter or statutory city, county, or town may loan or grant money 45.18received from repayment of funds awarded under this section to a regional development 45.19commission, other regional entity, or statewide community capital fund as determined by 45.20the commissioner, to capitalize or to provide the local match required for capitalization of 45.21a regional or statewide revolving loan fund. 45.22    Sec. 19. Minnesota Statutes 2008, section 116J.8731, subdivision 3, is amended to read: 45.23    Subd. 3. Eligible expenditures. The money appropriated for this section may 45.24be used to provide new text begin fund: new text end 45.25 new text begin (1) new text end grants for infrastructure, loans, loan guarantees, interest buy-downs, and other 45.26forms of participation with private sources of financing, provided that a loan to a private 45.27enterprise must be for a principal amount not to exceed one-half of the cost of the project 45.28for which financing is sought. new text begin ; and new text end 45.29 new text begin (2) strategic investments in renewable energy market development, such as low new text end 45.30 new text begin interest loans for renewable energy equipment manufacturing, training grants to support new text end 45.31 new text begin renewable energy workforce, development of a renewable energy supply chain that new text end 45.32 new text begin represents and strengthens the industry throughout the state, and external marketing to new text end 45.33 new text begin garner more national and international investment into Minnesota's renewable sector. new text end 46.1 new text begin Expenditures in external marketing for renewable energy market development are not new text end 46.2 new text begin subject to the limitations in clause (1). new text end 46.3    Sec. 20. new text begin [116J.997] PROGRAM ACCOUNTABILITY REQUIREMENTS. new text end 46.4     new text begin Subdivision 1. new text end new text begin Accountability measurement. new text end new text begin By October 1, 2009, the new text end 46.5 new text begin commissioner of employment and economic development shall develop a uniform new text end 46.6 new text begin accountability report for economic development or workforce related programs funded in new text end 46.7 new text begin whole or in part by state or federal funds. The commissioner shall also develop a formula new text end 46.8 new text begin for measuring the return on investment for each program and a comparison of the return new text end 46.9 new text begin on investment of all programs funded in whole or in part by state or federal funds. The new text end 46.10 new text begin requirements of this section apply to programs administered directly by the commissioner new text end 46.11 new text begin or administered by other employment organizations under a grant made by the department. new text end 46.12 new text begin The report and formula required by this subdivision shall be submitted to the chairs and new text end 46.13 new text begin ranking minority members of the committees of the house of representatives and senate new text end 46.14 new text begin having jurisdiction over economic development and workforce policy and finance by new text end 46.15 new text begin October 15, 2009, for review and comment. new text end 46.16     new text begin Subd. 2. new text end new text begin Report to the legislature. new text end new text begin By December 31 of each even-numbered new text end 46.17 new text begin year the commissioner must report to the chairs and the ranking minority members of new text end 46.18 new text begin the committees of the house of representatives and the senate having jurisdiction over new text end 46.19 new text begin economic development and workforce policy and finance the following information for new text end 46.20 new text begin each program subject to the requirements of subdivision 1: new text end 46.21 new text begin (1) the target population; new text end 46.22 new text begin (2) the number of jobs affected by the program, including the number of net new new text end 46.23 new text begin jobs created in the state and the average annual wage per job; new text end 46.24 new text begin (3) the number of individuals leaving the unemployment compensation program as new text end 46.25 new text begin a result of the program; new text end 46.26 new text begin (4) the number of individuals leaving the Minnesota Family Investment Program new text end 46.27 new text begin support as a result of the program; new text end 46.28 new text begin (5) the region of the state in which the program operated; new text end 46.29 new text begin (6) the amount of state or federal funds allocated to the program; new text end 46.30 new text begin (7) the return on investment as calculated by the formula developed by the new text end 46.31 new text begin commissioner; and new text end 46.32 new text begin (8) the dollar amount and percentage of the total grant used for administrative new text end 46.33 new text begin expenses. new text end 46.34     new text begin Subd. 3. new text end new text begin Report to the commissioner. new text end new text begin A recipient of a grant made by or through new text end 46.35 new text begin the department must report to the commissioner by September 1 of each even-numbered new text end 47.1 new text begin year on each of the items in subdivision 2 for each program it administers. The report new text end 47.2 new text begin must be in a format prescribed by the commissioner. new text end 47.3 new text begin Beginning November 1, 2009, the commissioner shall provide notice to grant new text end 47.4 new text begin applicants and recipients regarding the data collection and reporting requirements under new text end 47.5 new text begin this subdivision and must provide technical assistance to applicants and recipients to assist new text end 47.6 new text begin in complying with the requirements of this subdivision. new text end 47.7     new text begin Subd. 4. new text end new text begin Biennial budget request. new text end new text begin The information collected and reported under new text end 47.8 new text begin subdivisions 2 and 3 shall be included in budgets submitted to the legislature under new text end 47.9 new text begin section 16A.11. new text end 47.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 47.11    Sec. 21. Minnesota Statutes 2008, section 116L.03, subdivision 5, is amended to read: 47.12    Subd. 5. Terms. The terms of appointed members shall be for four years except for 47.13the initial appointments. The initial appointments of the governor shall have the following 47.14terms: two members each for one, two, three, and four years. No member shall serve 47.15more than two terms, and no person shall be appointed after December 31, 2001, for any 47.16term that would cause that person to serve a total of more than eight years on the board. 47.17Compensation for board members is as provided in section 15.0575, subdivision 3. 47.18    Sec. 22. Minnesota Statutes 2008, section 116L.05, subdivision 5, is amended to read: 47.19    Subd. 5. Use of workforce development funds. After March 1 of any fiscal year, 47.20the board may use workforce development funds for the purposes outlined in sections 47.21 new text begin 116L.02, new text end 116L.04 new text begin , new text end and 116L.10 to 116L.14, or to provide incumbent worker training 47.22services under section 116L.18 if the following conditions have been met: 47.23    (1) the board examines relevant economic indicators, including the projected 47.24number of layoffs for the remainder of the fiscal year and the next fiscal year, evidence of 47.25declining and expanding industries, the number of initial applications for and the number 47.26of exhaustions of unemployment benefits, job vacancy data, and any additional relevant 47.27information brought to the board's attention; 47.28    (2) the board accounts for all allocations made in section 116L.17, subdivision 2; 47.29    (3) based on the past expenditures and projected revenue, the board estimates future 47.30funding needs for services under section 116L.17 for the remainder of the current fiscal 47.31year and the next fiscal year; 47.32    (4) the board determines there will be unspent funds after meeting the needs of 47.33dislocated workers in the current fiscal year and there will be sufficient revenue to meet 47.34the needs of dislocated workers in the next fiscal year; and 48.1    (5) the board reports its findings in clauses (1) to (4) to the chairs of legislative 48.2committees with jurisdiction over the workforce development fund, to the commissioners 48.3of revenue and finance, and to the public. 48.4    Sec. 23. Minnesota Statutes 2008, section 116L.20, subdivision 1, is amended to read: 48.5    Subdivision 1. Determination and collection of special assessment. (a) In addition 48.6to amounts due from an employer under the Minnesota unemployment insurance program, 48.7each employer, except an employer making reimbursements is liable for a special 48.8assessment levied at the rate of .10 percent per year on all taxable wages, as defined in 48.9section 268.035, subdivision 24 new text begin , except that effective July 1, 2009, until June 30, 2011, the new text end 48.10 new text begin special assessment shall be levied at a rate of .12 percent per year on all taxable wages as new text end 48.11 new text begin defined in section new text end new text begin 268.035, subdivision 24 new text end . The assessment shall become due and be paid 48.12by each employer on the same schedule and in the same manner as other amounts due 48.13from an employer under section 268.051, subdivision 1. 48.14    (b) The special assessment levied under this section shall be subject to the same 48.15requirements and collection procedures as any amounts due from an employer under the 48.16Minnesota unemployment insurance program. 48.17    Sec. 24. Minnesota Statutes 2008, section 116L.362, subdivision 1, is amended to read: 48.18    Subdivision 1. Generally. (a) The commissioner shall make grants to eligible 48.19organizations for programs to provide education and training services to targeted youth. 48.20The purpose of these programs is to provide specialized training and work experience for 48.21targeted youth who have not been served effectively by the current educational system. 48.22The programs are to include a work experience component with work projects that 48.23result in the rehabilitation, improvement, or construction of (1) residential units for the 48.24homeless, or new text begin ; new text end (2) new text begin improvements to the energy efficiency and environmental health of new text end 48.25 new text begin residential units and other green jobs purposes; (3) facilities to support community garden new text end 48.26 new text begin projects; or (4) new text end education, social service, or health facilities which are owned by a public 48.27agency or a private nonprofit organization. 48.28(b) Eligible facilities must principally provide services to homeless or very low 48.29income individuals and families, and include the following: 48.30(1) Head Start or day care centers; 48.31(2) homeless, battered women, or other shelters; 48.32(3) transitional housing; 48.33(4) youth or senior citizen centers; and 48.34(5) community health centers. new text begin ; and new text end 49.1 new text begin (6) community garden facilities. new text end 49.2Two or more eligible organizations may jointly apply for a grant. The commissioner 49.3shall administer the grant program. 49.4    Sec. 25. Minnesota Statutes 2008, section 116L.364, subdivision 3, is amended to read: 49.5    Subd. 3. Work experience component. A work experience component must be 49.6included in each program. The work experience component must provide vocational skills 49.7training in an industry where there is a viable expectation of job opportunities. A training 49.8subsidy, living allowance, or stipend, not to exceed an amount equal to 100 percent of the 49.9poverty line for a family of two as defined in United States Code, title 42, section 673, 49.10paragraph (2), may be provided to program participants. The wage or stipend must be 49.11provided to participants who are recipients of public assistance in a manner or amount 49.12which will not reduce public assistance benefits. The work experience component must be 49.13designed so that work projects result in (1) the expansion or improvement of residential 49.14units for homeless persons and very low income families, or new text begin ; new text end (2) new text begin improvements to the new text end 49.15 new text begin energy efficiency and environmental health of residential units; (3) facilities to support new text end 49.16 new text begin community garden projects; or (4) new text end rehabilitation, improvement, or construction of eligible 49.17education, social service, or health facilities that principally serve homeless or very low 49.18income individuals and families. Any work project must include direct supervision by 49.19individuals skilled in each specific vocation. Program participants may earn credits 49.20toward the completion of their secondary education from their participation in the work 49.21experience component. 49.22    Sec. 26. Minnesota Statutes 2008, section 116L.871, subdivision 1, is amended to read: 49.23    Subdivision 1. Responsibility and certification. (a) Unless prohibited by federal 49.24law or otherwise determined by state law, a local service unit is responsible for the 49.25delivery of employment and training services. As of July 1, 1998, Employment and 49.26training services may be delivered by certified employment and training service providers. 49.27(b) The local service unit's employment and training service provider must meet the 49.28certification standards in this subdivision if the county requests that they be certified 49.29to deliver any of the following employment and training services and programs: wage 49.30subsidies; general assistance grant diversion; food stamp employment and training 49.31programs; community work experience programs; and MFIP employment services. 49.32(c) The commissioner shall certify a local service unit's service provider to provide 49.33these employment and training services and programs if the commissioner determines 49.34that the provider has: 50.1(1) past experience in direct delivery of the programs specified in paragraph (b); 50.2(2) staff capabilities and qualifications, including adequate staff to provide timely 50.3and effective services to clients, and proven staff experience in providing specific services 50.4such as assessments, career planning, job development, job placement, support services, 50.5and knowledge of community services and educational resources; 50.6(3) demonstrated effectiveness in providing services to public assistance recipients 50.7and other economically disadvantaged clients; and 50.8(4) demonstrated administrative capabilities, including adequate fiscal and 50.9accounting procedures, financial management systems, participant data systems, and 50.10record retention procedures. 50.11(d) When the only service provider that meets the criterion in paragraph (c), clause 50.12(1), has been decertified, according to subdivision 1a, in that local service unit, the 50.13following criteria shall be substituted: past experience in direct delivery of multiple, 50.14coordinated, nonduplicative services, including outreach, assessments, identification of 50.15client barriers, employability development plans, and provision or referral to support 50.16services. 50.17    Sec. 27. Minnesota Statutes 2008, section 116L.96, is amended to read: 50.18116L.96 DISPLACED HOMEMAKER PROGRAMS. 50.19The commissioner of economic security new text begin employment and economic development new text end 50.20may enter into arrangements with existing private or nonprofit organizations and agencies 50.21with experience in dealing with displaced homemakers to provide counseling and 50.22training services. The commissioner shall assist displaced homemakers in applying for 50.23appropriate welfare programs and shall take welfare allowances received into account 50.24in setting the stipend level. Income received as a stipend under these programs shall 50.25be totally disregarded for purposes of determining eligibility for and the amount of a 50.26general assistance grant. 50.27    Sec. 28. Minnesota Statutes 2008, section 116O.115, subdivision 2, is amended to read: 50.28    Subd. 2. Qualified company. A company is qualified to receive assistance under 50.29the small business growth acceleration program if it new text begin the company new text end is a manufacturing 50.30company or a manufacturing-related service company that employs 100 new text begin 250 new text end or fewer 50.31full-time equivalent employees. 50.32    Sec. 29. Minnesota Statutes 2008, section 116O.115, subdivision 4, is amended to read: 51.1    Subd. 4. Fund awards; use of funds. (a) The corporation shall establish 51.2procedures for determining which applicants for assistance under the small business 51.3growth acceleration program will receive program funding. Funding shall be awarded 51.4only to accelerate a qualified company's adoption of needed technology or business 51.5improvements when the corporation concludes that it is unlikely the improvements could 51.6be accomplished in any other way. 51.7    (b) The maximum amount of funds awarded to a qualified company under the small 51.8business growth acceleration program for a particular project must not exceed 50 new text begin 75 new text end 51.9percent of the total cost of a project and must not under any circumstances exceed $25,000 51.10during a calendar year. The corporation shall not award to a qualified company small 51.11business growth acceleration program funds in excess of $50,000 per year. 51.12    (c) Any funds awarded to a qualified company under the small business growth 51.13acceleration program must be used for business services and products that will enhance the 51.14operation of the company. These business services and products must come either directly 51.15from the corporation or from a network of expert providers identified and approved by 51.16the corporation. No company receiving small business growth acceleration program 51.17funds may use the funds for refinancing, overhead costs, new construction, renovation, 51.18equipment, or computer hardware. 51.19    (d) Any funds awarded must be disbursed to the qualified company as reimbursement 51.20documented according to requirements of the corporation. 51.21 new text begin (e) Receipt of funds from an award under this section is contingent upon a new text end 51.22 new text begin contribution of funds by the qualified company to the project, as follows: new text end 51.23 new text begin (1) a company with under 50 employees must contribute one dollar for every three new text end 51.24 new text begin dollars of program assistance awarded; new text end 51.25 new text begin (2) a company with 50 to 100 employees must contribute one dollar for every one new text end 51.26 new text begin dollar of program assistance awarded; and new text end 51.27 new text begin (3) a company with 101 to 250 employees must contribute three dollars for every new text end 51.28 new text begin one dollar of program assistance awarded. new text end 51.29    Sec. 30. Minnesota Statutes 2008, section 123A.08, subdivision 1, is amended to read: 51.30    Subdivision 1. Outside sources for resources and services. A center may accept: 51.31(1) resources and services from postsecondary institutions serving center pupils; 51.32(2) resources from Job Training Partnership Act new text begin Workforce Investment Act of 1998, new text end 51.33 new text begin Public Law 105-220 new text end programs, including funding for jobs skills training for various 51.34groups and the percentage reserved for education; 51.35(3) resources from the Department of Human Services and county welfare funding; 52.1(4) resources from a local education and employment transitions partnership; or 52.2(5) private resources, foundation grants, gifts, corporate contributions, and other 52.3grants. 52.4    Sec. 31. Minnesota Statutes 2008, section 124D.49, subdivision 3, is amended to read: 52.5    Subd. 3. Local education and employment transitions systems. A local education 52.6and employment transitions partnership must assess the needs of employers, employees, 52.7and learners, and develop a plan for implementing and achieving the objectives of a local 52.8or regional education and employment transitions system. The plan must provide for a 52.9comprehensive local system for assisting learners and workers in making the transition 52.10from school to work or for retraining in a new vocational area. The objectives of a local 52.11education and employment transitions system include: 52.12(1) increasing the effectiveness of the educational programs and curriculum of 52.13elementary, secondary, and postsecondary schools and the work site in preparing students 52.14in the skills and knowledge needed to be successful in the workplace; 52.15(2) implementing learner outcomes for students in grades kindergarten through 12 52.16designed to introduce the world of work and to explore career opportunities, including 52.17nontraditional career opportunities; 52.18(3) eliminating barriers to providing effective integrated applied learning, 52.19service-learning, or work-based curriculum; 52.20(4) increasing opportunities to apply academic knowledge and skills, including 52.21skills needed in the workplace, in local settings which include the school, school-based 52.22enterprises, postsecondary institutions, the workplace, and the community; 52.23(5) increasing applied instruction in the attitudes and skills essential for success in 52.24the workplace, including cooperative working, leadership, problem-solving, and respect 52.25for diversity; 52.26(6) providing staff training for vocational guidance counselors, teachers, and other 52.27appropriate staff in the importance of preparing learners for the transition to work, and in 52.28methods of providing instruction that incorporate applied learning, work-based learning, 52.29and service-learning experiences; 52.30(7) identifying and enlisting local and regional employers who can effectively 52.31provide work-based or service-learning opportunities, including, but not limited to, 52.32apprenticeships, internships, and mentorships; 52.33(8) recruiting community and workplace mentors including peers, parents, employers 52.34and employed individuals from the community, and employers of high school students; 53.1(9) identifying current and emerging educational, training, and employment needs of 53.2the area or region, especially within industries with potential for job growth; 53.3(10) improving the coordination and effectiveness of local vocational and job 53.4training programs, including vocational education, adult basic education, tech prep, 53.5apprenticeship, service-learning, youth entrepreneur, youth training and employment 53.6programs administered by the commissioner of employment and economic development, 53.7and local job training programs under the Job Training Partnership Act, United States 53.8Code, title 29, section 1501, et seq. new text begin Workforce Investment Act of 1998, Public Law new text end 53.9 new text begin 105-220 new text end ; 53.10(11) identifying and applying for federal, state, local, and private sources of funding 53.11for vocational or applied learning programs; 53.12(12) providing students with current information and counseling about career 53.13opportunities, potential employment, educational opportunities in postsecondary 53.14institutions, workplaces, and the community, and the skills and knowledge necessary to 53.15succeed; 53.16(13) providing educational technology, including interactive television networks 53.17and other distance learning methods, to ensure access to a broad variety of work-based 53.18learning opportunities; 53.19(14) including students with disabilities in a district's vocational or applied learning 53.20program and ways to serve at-risk learners through collaboration with area learning 53.21centers under sections 123A.05 to 123A.09, or other alternative programs; and 53.22(15) providing a warranty to employers, postsecondary education programs, and 53.23other postsecondary training programs, that learners successfully completing a high school 53.24work-based or applied learning program will be able to apply the knowledge and work 53.25skills included in the program outcomes or graduation requirements. The warranty shall 53.26require education and training programs to continue to work with those learners that need 53.27additional skill development until they can demonstrate achievement of the program 53.28outcomes or graduation requirements. 53.29    Sec. 32. Minnesota Statutes 2008, section 160.276, subdivision 8, is amended to read: 53.30    Subd. 8. Revenue. The agreement may provide that the vendor pay a portion of 53.31the gross revenues derived from advertising. These revenues must be paid to the state for 53.32deposit in the safety rest area account established in section 160.2745. The commissioner 53.33of transportation and director of the Office of new text begin Explore Minnesota new text end Tourism may enter into 53.34an interagency agreement to define the distribution of the revenues generated in this 53.35subdivision and subdivisions 2a and 3a. 54.1    Sec. 33. Minnesota Statutes 2008, section 241.27, subdivision 1, is amended to read: 54.2    Subdivision 1. Establishment of Minnesota correctional industries; MINNCOR 54.3industries. For the purpose of providing adequate, regular and suitable employment, 54.4educational training, and to aid the inmates of state correctional facilities, the 54.5commissioner of corrections may establish, equip, maintain and operate at any correctional 54.6facility under the commissioner's control such industrial and commercial activities as may 54.7be deemed necessary and suitable to the profitable employment, educational training and 54.8development of proper work habits of the inmates of state correctional facilities. The 54.9industrial and commercial activities authorized by this section are designated MINNCOR 54.10industries and shall be for the primary purpose of sustaining and ensuring MINNCOR 54.11industries' self-sufficiency, providing educational training, meaningful employment 54.12and the teaching of proper work habits to the inmates of correctional facilities under 54.13the control of the commissioner of corrections, and not solely as competitive business 54.14ventures. The net profits from these activities shall be used for the benefit of the inmates 54.15as it relates to education, self-sufficiency skills, and transition services and not to fund 54.16non-inmate-related activities or mandates. Prior to the establishment of any industrial and 54.17commercial activity, the commissioner of corrections may consult with representatives 54.18of business, industry, organized labor, the state Department of Education, the state 54.19Apprenticeship Council, the state Department of Labor and Industry, the Department of 54.20Employment Security new text begin and Economic Development new text end , the Department of Administration, 54.21and such other persons and bodies as the commissioner may feel are qualified to determine 54.22the quantity and nature of the goods, wares, merchandise and services to be made or 54.23provided, and the types of processes to be used in their manufacture, processing, repair, 54.24and production consistent with the greatest opportunity for the reform and educational 54.25training of the inmates, and with the best interests of the state, business, industry and labor. 54.26    The commissioner of corrections shall, at all times in the conduct of any industrial 54.27or commercial activity authorized by this section, utilize inmate labor to the greatest 54.28extent feasible, provided, however, that the commissioner may employ all administrative, 54.29supervisory and other skilled workers necessary to the proper instruction of the inmates 54.30and the profitable and efficient operation of the industrial and commercial activities 54.31authorized by this section. 54.32    Additionally, the commissioner of corrections may authorize the director of any 54.33correctional facility under the commissioner's control to accept work projects from outside 54.34sources for processing, fabrication or repair, provided that preference shall be given to the 54.35performance of such work projects for state departments and agencies. 55.1    Sec. 34. Minnesota Statutes 2008, section 248.061, subdivision 3, is amended to read: 55.2    Subd. 3. Eligible individual. "Eligible individual" means an individual who is 55.3eligible for library loan services through the Library of Congress and the State Library for 55.4the Blind and Physically Handicapped new text begin Minnesota Braille and Talking Book Library new text end under 55.5Code of Federal Regulations, title 36, section 701.10, subsection (b). 55.6    Sec. 35. Minnesota Statutes 2008, section 248.07, subdivision 7, is amended to read: 55.7    Subd. 7. Blind, vending stands and machines on governmental property new text begin ; new text end 55.8 new text begin liability limited new text end . new text begin (a) new text end Notwithstanding any other law, for the rehabilitation of blind persons 55.9the commissioner shall have exclusive authority to establish and to operate vending 55.10stands and vending machines in all buildings and properties owned or rented exclusively 55.11by the Minnesota State Colleges and Universities at a state university, a community 55.12college, a consolidated community technical college, or a technical college served by 55.13the commissioner before January 1, 1996, or by any department or agency of the state 55.14of Minnesota except the Department of Natural Resources properties operated directly 55.15by the Division of State Parks and not subject to private leasing. The merchandise to be 55.16dispensed by such Vending stands and machines new text begin authorized under this subdivision new text end may 55.17include new text begin dispense new text end nonalcoholic beverages, food, candies, tobacco, souvenirs, notions and 55.18related items. Such vending stands and vending machines herein authorized shall new text begin and new text end 55.19 new text begin must new text end be operated on the same basis as other vending stands for the blind established and 55.20supervised by the commissioner under federal law. The commissioner shall waive this 55.21authority to displace any present private individual concessionaire in any state-owned or 55.22rented building or property who is operating under a contract with a specific renewal or 55.23termination date, until the renewal or termination date. With the consent of the governing 55.24body of a governmental subdivision of the state, the commissioner may establish and 55.25supervise vending stands and vending machines for the blind in any building or property 55.26exclusively owned or rented by the governmental subdivision. 55.27 new text begin (b) The Department of Employment and Economic Development is not liable new text end 55.28 new text begin under chapter 176 for any injury sustained by a blind vendor's employee or agent. The new text end 55.29 new text begin Department of Employment and Economic Development, its officers, and its agents are new text end 55.30 new text begin not liable for the acts or omissions of a blind vendor or of a blind vendor's employee or new text end 55.31 new text begin agent that may result in the blind vendor's liability to third parties. The Department of new text end 55.32 new text begin Employment and Economic Development, its officers, and its agents are not liable for new text end 55.33 new text begin negligence based on any theory of liability for claims arising from the relationship created new text end 55.34 new text begin under this subdivision with the blind vendor. new text end 56.1    Sec. 36. Minnesota Statutes 2008, section 248.07, subdivision 8, is amended to read: 56.2    Subd. 8. Use of revolving fund, licenses for operation of vending machines new text begin new text end 56.3 new text begin stands new text end . new text begin (a) new text end The revolving fund created by Laws 1947, chapter 535, section 5, is continued 56.4as provided in this subdivision and shall be known as the revolving fund for vocational 56.5rehabilitation of the blind. It shall be used for the purchase of equipment and supplies 56.6for establishing and operating of vending stands by blind persons. All income, receipts, 56.7earnings, and federal grants new text begin vending machine income new text end due to the operation thereof new text begin of new text end 56.8 new text begin vending stands operated under this subdivision new text end shall also be paid into the fund. All interest 56.9earned on money accrued in the fund must be credited to the fund by the commissioner of 56.10finance. All equipment, supplies, and expenses for setting up these stands shall be paid 56.11for from the fund. 56.12 new text begin (b) new text end Authority is hereby given to The commissioner new text begin is authorized new text end to use the money 56.13available in the revolving fund that originated as operational charges to individuals 56.14licensed under this subdivision for the establishment, operation, and supervision of 56.15vending stands by blind persons for the following purposes: 56.16(1) purchase, upkeep and replacement of equipment; 56.17(2) expenses incidental to the setting up of new stands and improvement of old 56.18stands; 56.19(3) reimbursement under section 15.059 to individual blind vending operators 56.20for reasonable expenses incurred in attending supervisory meetings as called by the 56.21commissioner and other expenditures for management services consistent with federal 56.22law; and 56.23(4) purchase of fringe benefits for blind vending operators and their employees such 56.24as group health insurance, retirement program, vacation or sick leave assistance provided 56.25that the purchase of any fringe benefit is approved by a majority vote of blind vending 56.26operators licensed pursuant to this subdivision after the commissioner provides to each 56.27blind vending operator information on all matters relevant to the fringe benefits. "Majority 56.28vote" means a majority of blind vending operators voting. Fringe benefits shall be paid 56.29only from assessments of operators for specific benefits, gifts to the fund for fringe benefit 56.30purposes, and vending income which is not assignable to an individual stand. 56.31 new text begin (c) new text end Money originally deposited as merchandise and supplies repayments by 56.32individuals licensed under this subdivision may be expended for initial and replacement 56.33stocks of supplies and merchandise. Money originally deposited from vending income on 56.34federal property must be spent consistent with federal law. 56.35 new text begin (d) new text end All other deposits may be used for the purchase of general liability insurance or 56.36any other expense related to the operation and supervision of vending stands. 57.1 new text begin (e) new text end The commissioner shall issue each license for the operation of a vending stand 57.2or vending machine for an indefinite period but may terminate any license in the manner 57.3provided. In granting licenses for new or vacated stands preference on the basis of 57.4seniority of experience in operating stands under the control of the commissioner shall 57.5be given to capable operators who are deemed competent to handle the enterprise under 57.6consideration. Application of this preference shall not prohibit the commissioner from 57.7selecting an operator from the community in which the stand is located. 57.8    Sec. 37. Minnesota Statutes 2008, section 256J.626, subdivision 4, is amended to read: 57.9    Subd. 4. County and tribal biennial service agreements. (a) Effective January 1, 57.102004, and each two-year period thereafter, each county and tribe must have in place an 57.11approved biennial service agreement related to the services and programs in this chapter. 57.12In counties with a city of the first class with a population over 300,000, the county must 57.13consider a service agreement that includes a jointly developed plan for the delivery of 57.14employment services with the city. Counties may collaborate to develop multicounty, 57.15multitribal, or regional service agreements. 57.16    (b) The service agreements will be completed in a form prescribed by the 57.17commissioner. The agreement must include: 57.18    (1) a statement of the needs of the service population and strengths and resources 57.19in the community; 57.20    (2) numerical goals for participant outcomes measures to be accomplished during 57.21the biennial period. The commissioner may identify outcomes from section 256J.751, 57.22subdivision 2 , as core outcomes for all counties and tribes; 57.23    (3) strategies the county or tribe will pursue to achieve the outcome targets. 57.24Strategies must include specification of how funds under this section will be used and may 57.25include community partnerships that will be established or strengthened; 57.26    (4) strategies the county or tribe will pursue under family stabilization services; and 57.27    (5) other items prescribed by the commissioner in consultation with counties and 57.28tribes. 57.29    (c) The commissioner shall provide each county and tribe with information needed 57.30to complete an agreement, including: (1) information on MFIP cases in the county or 57.31tribe; (2) comparisons with the rest of the state; (3) baseline performance on outcome 57.32measures; and (4) promising program practices. 57.33    (d) The service agreement must be submitted to the commissioner by October 15, 57.342003, and October 15 of each second year thereafter. The county or tribe must allow 58.1a period of not less than 30 days prior to the submission of the agreement to solicit 58.2comments from the public on the contents of the agreement. 58.3    (e) The commissioner must, within 60 days of receiving each county or tribal service 58.4agreement, inform the county or tribe if the service agreement is approved. If the service 58.5agreement is not approved, the commissioner must inform the county or tribe of any 58.6revisions needed prior to approval. 58.7    (f) The service agreement in this subdivision supersedes the plan requirements 58.8of section . 58.9    Sec. 38. Minnesota Statutes 2008, section 256J.66, subdivision 1, is amended to read: 58.10    Subdivision 1. Establishing the on-the-job training program. (a) County agencies 58.11may develop on-the-job training programs for MFIP caregivers who are participating in 58.12employment and training services. A county agency that chooses to provide on-the-job 58.13training may make payments to employers for on-the-job training costs that, during the 58.14period of the training, must not exceed 50 percent of the wages paid by the employer to 58.15the participant. The payments are deemed to be in compensation for the extraordinary 58.16costs associated with training participants under this section and in compensation for the 58.17costs associated with the lower productivity of the participants during training. 58.18(b) Provision of an on-the-job training program under the Job Training Partnership 58.19Act new text begin Workforce Investment Act of 1998, Public Law 105-220 new text end , in and of itself, does not 58.20qualify as an on-the-job training program under this section. 58.21(c) new text begin Employers must compensate new text end participants in on-the-job training shall be 58.22compensated by the employer at the same rates, including periodic increases, as similarly 58.23situated employees or trainees and in accordance with applicable law, but in no event less 58.24than the federal or applicable state minimum wage, whichever is higher. 58.25    Sec. 39. Minnesota Statutes 2008, section 268A.06, subdivision 1, is amended to read: 58.26    Subdivision 1. Application. Any city, town, county, nonprofit corporation, 58.27regional treatment center, or any combination thereof, may apply to the commissioner for 58.28assistance in establishing or operating a community rehabilitation facility. Application for 58.29assistance shall new text begin must new text end be on forms prescribed by the commissioner. Each applicant shall 58.30annually submit to the commissioner its plan and budget for the next fiscal year. No new text begin An new text end 58.31applicant shall be new text begin is not new text end eligible for a grant hereunder new text begin under this section new text end unless its plan 58.32and budget new text begin audited financial statements of the prior fiscal year new text end have been approved by 58.33the commissioner. 59.1    Sec. 40. Minnesota Statutes 2008, section 469.169, subdivision 3, is amended to read: 59.2    Subd. 3. Evaluation of applications. new text begin (a) new text end The commissioner shall review and 59.3evaluate the applications submitted pursuant to subdivision 2 and shall determine whether 59.4each area is eligible for designation as an enterprise zone. In determining whether an 59.5area is eligible under section 469.168, subdivision 4, paragraph (a), if unemployment, 59.6employment, income, or other necessary data are not available for the area from the 59.7federal departments of labor or commerce or the state demographer, the commissioner 59.8may rely upon other data submitted by the municipality if the commissioner determines it 59.9is statistically reliable or accurate. The commissioner, together with the commissioner 59.10of revenue, shall prepare an estimate of the amount of state tax revenue which will be 59.11foregone for each application if the area is designated as a zone. 59.12 new text begin (b) new text end By October 1 of each year, the commissioner shall submit to the Legislative 59.13Advisory Commission a list of the areas eligible for designation as enterprise zones, 59.14along with recommendations for designation and supporting documentation. In making 59.15recommendations for designation, the commissioner shall consider and evaluate the 59.16applications pursuant to the following criteria: 59.17(1) the pervasiveness of poverty, unemployment, and general distress in the area; 59.18(2) the extent of chronic abandonment, deterioration, or reduction in value of 59.19commercial, industrial, or residential structures in the area and the extent of property 59.20tax arrearages in the area; 59.21(3) the prospects for new investment and economic development in the area with 59.22the tax reductions proposed in the application relative to the state and local tax revenue 59.23which would be foregone; 59.24(4) the competing needs of other areas of the state; 59.25(5) the municipality's proposed use of other state and federal development funds or 59.26programs to increase the probability of new investment and development occurring; 59.27(6) the extent to which the projected development in the zone will provide 59.28employment to residents of the economic hardship area, and particularly individuals who 59.29are unemployed or who are economically disadvantaged as defined in the federal Job 59.30Training Partnership Act of 1982, Volume 96, Statutes at Large, page 1322 new text begin Workforce new text end 59.31 new text begin Investment Act of 1998, Public Law 105-220 new text end ; 59.32(7) the funds available pursuant to subdivision 7; and 59.33(8) other relevant factors that the commissioner specifies in the commissioner's 59.34recommendations. 60.1 new text begin (c) new text end The commissioner shall submit a separate list of the areas entitled to designation 60.2as federally designated zones and border city zones along with recommendations for the 60.3amount of funds to be allocated to each area. 60.4    Sec. 41. new text begin ECONOMIC DEVELOPMENT STRATEGY WORKING GROUP. new text end 60.5 new text begin (a) An 18-member bipartisan working group with members from all geographic new text end 60.6 new text begin areas of the state to develop an economic development strategy to guide job and business new text end 60.7 new text begin growth in Minnesota and to strengthen the state's economy is established. The working new text end 60.8 new text begin group consists of six members of the house of representatives and three members of the new text end 60.9 new text begin public appointed by the speaker of the house and six members of the senate and three new text end 60.10 new text begin members of the public appointed by the subcommittee on committees of the senate. new text end 60.11 new text begin The working group is responsible to review and analyze Minnesota's current economic new text end 60.12 new text begin development strategy and make recommendations on improvements according to this new text end 60.13 new text begin section. The Legislative Coordinating Commission under Minnesota Statutes, section new text end 60.14 new text begin 3.303, must provide staff support for the working group. new text end 60.15 new text begin (b) The working group must conduct an academic and practitioner led effort to: new text end 60.16 new text begin (1) perform best practices research on economic development principles to apply new text end 60.17 new text begin to Minnesota; new text end 60.18 new text begin (2) assess Minnesota's current economic development strategies, including tax new text end 60.19 new text begin incentives and appropriation funded programs and grants to determine how well these new text end 60.20 new text begin strategies are working and how they compare to best practices; new text end 60.21 new text begin (3) develop a comprehensive strategy to move Minnesota's economy forward; new text end 60.22 new text begin (4) develop a set of benchmarks to measure Minnesota's investments in economic new text end 60.23 new text begin development strategies; and new text end 60.24 new text begin (5) recommend the best structure to govern and lead Minnesota's economic new text end 60.25 new text begin development strategy. new text end 60.26 new text begin (c) Appointments to the working group shall be made by June 1, 2009, and the new text end 60.27 new text begin first meeting shall be convened no later than July 1, 2009. The task force shall elect new text end 60.28 new text begin a chair from among its members at the first meeting. The working group may contract new text end 60.29 new text begin for research studies and assistance necessary to fulfill its responsibilities. The working new text end 60.30 new text begin group must report to the committees of the legislature with responsibility for economic new text end 60.31 new text begin development by February 15, 2010. new text end 60.32    Sec. 42. new text begin APPROPRIATION; GREEN ENTERPRISE ASSISTANCE. new text end 60.33 new text begin The remaining balance of the fiscal year 2009 special revenue fund appropriation for new text end 60.34 new text begin the Green Jobs Task Force under Laws 2008, chapter 363, article 6, section 3, subdivision new text end 61.1 new text begin 4, is transferred and appropriated to the commissioner of employment and economic new text end 61.2 new text begin development for the purposes of green enterprise assistance under Minnesota Statutes, new text end 61.3 new text begin section 116J.438. This appropriation is available until spent. new text end 61.4    Sec. 43. new text begin REVISOR'S INSTRUCTION. new text end 61.5 new text begin The revisor of statutes shall renumber Minnesota Statutes, section 116J.58, new text end 61.6 new text begin subdivision 2, as Minnesota Statutes, section 116J.035, subdivision 1a, and shall revise new text end 61.7 new text begin statutory cross-references consistent with that renumbering. new text end 61.8    Sec. 44. new text begin REPEALER. new text end 61.9 new text begin Minnesota Statutes 2008, sections 116J.402; 116J.413; 116J.431, subdivision 5; new text end 61.10 new text begin 116J.58, subdivision 1; 116J.59; 116J.61; 116J.656; 116L.16; 116L.88; and 116U.65, new text end new text begin are new text end 61.11 new text begin repealed. new text end 61.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 61.13ARTICLE 3 61.14UNEMPLOYMENT INSURANCE POLICY 61.15    Section 1. Minnesota Statutes 2008, section 268.052, subdivision 2, is amended to read: 61.16    Subd. 2. Election by state or political subdivision to be a taxpaying employer. 61.17    (a) The state or political subdivision may elect to be a taxpaying employer for any 61.18calendar year if a notice of election is filed within 30 calendar days following January 1 of 61.19that calendar year. Upon election, the state or political subdivision must be assigned the 61.20new employer tax rate under section 268.051, subdivision 5, for the calendar year of the 61.21election and new text begin unless or new text end until it qualifies for an experience rating under section 268.051, 61.22subdivision 3 . 61.23    (b) An election is for a minimum period of two calendar years following the effective 61.24date of the election and continue unless a notice terminating the election is filed not later 61.25than 30 calendar days before the beginning of the calendar year. The termination is 61.26effective at the beginning of the next calendar year. Upon election, the commissioner shall 61.27establish a reimbursable account for the state or political subdivision. A termination of 61.28election is allowed only if the state or political subdivision has, since the beginning of the 61.29experience rating period under section 268.051, subdivision 3, paid taxes equal to or more 61.30than 125 percent of the unemployment benefits used in computing the experience rating. In 61.31addition, any unemployment benefits paid after the experience rating period are transferred 61.32to the new reimbursable account of the state or political subdivision. If the amount of taxes 62.1paid since the beginning of the experience rating period exceeds 125 percent of the amount 62.2of unemployment benefits paid during the experience rating period, that amount in excess 62.3is applied against any unemployment benefits paid after the experience rating period. 62.4    (c) The method of payments to the trust fund under subdivisions 3 and 4 applies to 62.5all taxes paid by or due from the state or political subdivision that elects to be taxpaying 62.6employers under this subdivision. 62.7    (d) A notice of election or a notice terminating election must be filed by electronic 62.8transmission in a format prescribed by the commissioner. 62.9    Sec. 2. Minnesota Statutes 2008, section 268.053, subdivision 1, is amended to read: 62.10    Subdivision 1. Election. (a) Any nonprofit organization that has employees in 62.11covered employment must pay taxes on a quarterly basis in accordance with section 62.12268.051 unless it elects to make reimbursements to the trust fund the amount of 62.13unemployment benefits charged to its reimbursable account under section 268.047. 62.14    The organization may elect to make reimbursements for a period of not less than 62.15two calendar years beginning with the date that the organization was determined to be an 62.16employer with covered employment by filing a notice of election not later than 30 calendar 62.17days after the date of the determination. 62.18    (b) Any nonprofit organization that makes an election will continue to be liable for 62.19reimbursements until it files a notice terminating its election not later than 30 calendar 62.20days before the beginning of the calendar year the termination is to be effective. 62.21    (c) A nonprofit organization that has been making reimbursements that files a notice 62.22of termination of election must be assigned the new employer tax rate under section 62.23268.051, subdivision 5 , for the calendar year of the termination of election and new text begin unless or new text end 62.24until it qualifies for an experience rating under section 268.051, subdivision 3. 62.25    (d) Any nonprofit organization that has been paying taxes may elect to make 62.26reimbursements by filing no less than 30 calendar days before January 1 of any calendar 62.27year a notice of election. Upon election, the commissioner shall establish a reimbursable 62.28account for the nonprofit organization. An election is allowed only if the nonprofit 62.29organization has, since the beginning of the experience rating period under section 62.30268.051, subdivision 3, paid taxes equal to or more than 125 percent of the unemployment 62.31benefits used in computing the experience rating. In addition, any unemployment benefits 62.32paid after the experience rating period are transferred to the new reimbursable account 62.33of the nonprofit organization. If the amount of taxes paid since the beginning of the 62.34experience rating period exceeds 125 percent of the amount of unemployment benefits 62.35paid during the experience rating period, that amount in excess is applied against any 63.1unemployment benefits paid after the experience rating period. The election is not 63.2terminable by the organization for that and the next calendar year. 63.3    (e) The commissioner may for good cause extend the period that a notice of election, 63.4or a notice of termination, must be filed and may permit an election to be retroactive. 63.5    (f) A notice of election or notice terminating election must be filed by electronic 63.6transmission in a format prescribed by the commissioner. 63.7    Sec. 3. Minnesota Statutes 2008, section 268.066, is amended to read: 63.8268.066 CANCELLATION OF AMOUNTS DUE FROM AN EMPLOYER. 63.9    (a) The commissioner shall new text begin must new text end cancel as uncollectible any amounts due from 63.10an employer under this chapter or section 116L.20, that remain unpaid six years after 63.11the amounts have been first determined due, except where the delinquent amounts are 63.12secured by a notice of lien, a judgment, are in the process of garnishment, or are under a 63.13payment plan. 63.14    (b) The commissioner may cancel at any time as uncollectible any amount due, or 63.15any portion of an amount due, from an employer under this chapter or section 116L.20, 63.16that (1) are uncollectible due to death or bankruptcy, new text begin or new text end (2) the Collection Division of the 63.17Department of Revenue under section 16D.04 was unable to collect, or (3) new text begin . new text end 63.18 new text begin (c) new text end The commissioner new text begin may cancel at any time any interest, penalties, or fees due new text end 63.19 new text begin from an employer, or any portions due, if the commissioner new text end determines that it is not in 63.20the public interest to pursue collection of the amount due. new text begin This paragraph does not apply new text end 63.21 new text begin to unemployment insurance taxes or reimbursements due. new text end 63.22    Sec. 4. Minnesota Statutes 2008, section 268.067, is amended to read: 63.23268.067 COMPROMISE. 63.24    (a) The commissioner may compromise in whole or in part any action, determination, 63.25or decision that affects only an employer and not an applicant, and that has occurred 63.26during the prior 24 months. This paragraph may apply new text begin applies new text end if it is determined by a court 63.27of law, or a confession of judgment, that an applicant, while employed, wrongfully took 63.28from the employer $500 or more in money or property. 63.29    (b) The commissioner may at any time compromise any amount new text begin unemployment new text end 63.30 new text begin insurance tax or reimbursement new text end due from an employer under this chapter or section 63.31116L.20 . 63.32    (c) Any compromise involving an amount over $2,500 new text begin $10,000 new text end must be authorized 63.33by an attorney licensed to practice law in Minnesota who is an employee of the department 63.34designated by the commissioner for that purpose. 64.1    (d) Any compromise must be in the best interest of the state of Minnesota. 64.2    Sec. 5. Minnesota Statutes 2008, section 268.069, subdivision 2, is amended to read: 64.3    Subd. 2. Unemployment benefits paid from state funds. Unemployment benefits 64.4are paid from state funds and are not considered paid from any special insurance plan, 64.5nor as paid by an employer. An application for unemployment benefits is not considered 64.6a claim against an employer but is considered a request for unemployment benefits 64.7from the trust fund. The commissioner has the responsibility for the proper payment of 64.8unemployment benefits regardless of the level of interest or participation by an applicant or 64.9an employer in any determination or appeal. An applicant's entitlement to unemployment 64.10benefits must be determined based upon that information available without regard to any 64.11burden of proof, and any agreement between an applicant and an employer is not binding 64.12on the commissioner in determining an applicant's entitlement. There is no presumption of 64.13entitlement or nonentitlement to unemployment benefits. 64.14    Sec. 6. Minnesota Statutes 2008, section 268.07, subdivision 3b, is amended to read: 64.15    Subd. 3b. Limitations on applications and benefit accounts. (a) An application for 64.16unemployment benefits is effective the Sunday of the calendar week that the application 64.17was filed. Upon specific request of an applicant, An application for unemployment benefits 64.18may be backdated one calendar week before the Sunday of the week the application was 64.19actually filed new text begin if the applicant requests the backdating at the time the application is filed new text end . 64.20An application may be backdated only if the applicant was unemployed throughout new text begin had new text end 64.21 new text begin no employment during new text end the period of the backdating. If an individual attempted to file an 64.22application for unemployment benefits, but was prevented from filing an application by 64.23the department, the application is effective the Sunday of the calendar week the individual 64.24first attempted to file an application. 64.25    (b) A benefit account established under subdivision 2 is effective the date the 64.26application for unemployment benefits was effective. 64.27    (c) A benefit account, once established, may later be withdrawn only if: 64.28    (1) new text begin the applicant has not been paid any unemployment benefits on that benefit new text end 64.29 new text begin account; and new text end 64.30 new text begin (2) new text end a new application for unemployment benefits is filed and a new benefit account is 64.31established at the time of the withdrawal; and new text begin . new text end 64.32    (2) the applicant has not served the nonpayable waiting week under section 268.085, 64.33subdivision 1 , clause (5). 65.1    A determination or amended determination new text begin of eligibility or ineligibility issued new text end under 65.2section 268.101, that was issued new text begin sent new text end before the withdrawal of the benefit account, remains 65.3in effect and is not voided by the withdrawal of the benefit account. A determination of 65.4ineligibility requiring subsequent earnings to satisfy the period of ineligibility under 65.5section 268.095, subdivision 10, applies to the weekly unemployment benefit amount on 65.6the new benefit account. 65.7    (d) An application for unemployment benefits is not allowed before the Sunday 65.8following the expiration of the benefit year on a prior benefit account. Except as allowed 65.9under paragraph (b) new text begin (c) new text end , an applicant may establish only one benefit account each 52 65.10calendar weeks. 65.11    Sec. 7. Minnesota Statutes 2008, section 268.085, subdivision 3, is amended to read: 65.12    Subd. 3. Payments that delay unemployment benefits. (a) An applicant is not 65.13eligible to receive unemployment benefits for any week with respect to which the applicant 65.14is receiving, has received, or has filed for payment, equal to or in excess of the applicant's 65.15weekly unemployment benefit amount, in the form of: 65.16    (1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause 65.17does not apply to (i) vacation pay paid upon a permanent separation from employment, or 65.18(ii) vacation pay paid from a vacation fund administered by a union or a third party not 65.19under the control of the employer; 65.20    (2) severance pay, bonus pay, sick pay, and any other payments, except earnings 65.21under subdivision 5, and back pay under subdivision 6, paid by an employer because of, 65.22upon, or after separation from employment, but only if the payment is considered wages at 65.23the time of payment under section 268.035, subdivision 29; or 65.24    (3) pension, retirement, or annuity payments from any plan contributed to by a base 65.25period employer including the United States government, except Social Security benefits 65.26that are provided for in subdivision 4. The base period employer is considered to have 65.27contributed to the plan if the contribution is excluded from the definition of wages under 65.28section 268.035, subdivision 29, clause (1). 65.29     new text begin If the pension, retirement, or annuity payment is paid in a lump sum, new text end an applicant is 65.30not considered to have received the lump-sum new text begin a new text end payment if new text begin (i) new text end the applicant immediately 65.31deposits that payment in a qualified pension plan or account new text begin , or (ii) that payment is an new text end 65.32 new text begin early distribution for which the applicant paid an early distribution penalty under the new text end 65.33 new text begin Internal Revenue Code, United States Code, title 26, section 72(t)(1) new text end . 66.1    (b) This subdivision applies to all the weeks of payment. Payments under paragraph 66.2(a), clauses (1) and (2) new text begin clause (1) new text end , are applied to the period immediately following the last 66.3day of employment. The number of weeks of payment is determined as follows: 66.4    (1) if the payments are made periodically, the total of the payments to be received is 66.5divided by the applicant's last level of regular weekly pay from the employer; or 66.6    (2) if the payment is made in a lump sum, that sum is divided by the applicant's last 66.7level of regular weekly pay from the employer. 66.8    (c) If the payment is less than the applicant's weekly unemployment benefit amount, 66.9unemployment benefits are reduced by the amount of the payment. If the computation 66.10of reduced unemployment benefits is not a whole dollar, it is rounded down to the next 66.11lower whole dollar. 66.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 66.13 new text begin and is retroactive to December 1, 2008. new text end 66.14    Sec. 8. Minnesota Statutes 2008, section 268.085, subdivision 6, is amended to read: 66.15    Subd. 6. Receipt of back pay. (a) Back pay received by an applicant new text begin within 24 new text end 66.16 new text begin months of the establishment of the benefit account new text end with respect to any week occurring 66.17in the 104 weeks before the payment of the back pay new text begin during the benefit year new text end must be 66.18deducted from unemployment benefits paid for that week. 66.19    If the back pay is not paid with respect to a specific period, the back pay must be 66.20applied to the period immediately following the last day of employment. 66.21    (b) If the back pay is reduced by the amount of unemployment benefits that have 66.22been paid, the amount of back pay withheld must be: 66.23    (1) paid by the employer to the trust fund within 30 calendar days and subject to the 66.24same collection procedures that apply to past due taxes; 66.25    (2) applied to unemployment benefit overpayments resulting from the payment of 66.26the back pay; and 66.27    (3) credited to the maximum amount of unemployment benefits available to the 66.28applicant in a benefit year that includes the weeks for which back pay was deducted. 66.29    (c) Unemployment benefits paid the applicant must be removed from the 66.30computation of the tax rate for taxpaying employers and removed from the reimbursable 66.31account for nonprofit and government employers that have elected to be liable for 66.32reimbursements in the calendar quarter the trust fund receives payment. 66.33    (d) Payments to the trust fund under this subdivision are considered as made by 66.34the applicant. 67.1    Sec. 9. Minnesota Statutes 2008, section 268.085, subdivision 15, is amended to read: 67.2    Subd. 15. Available for suitable employment defined. (a) "Available for suitable 67.3employment" means an applicant is ready and willing to accept suitable employment in 67.4the labor market area. The attachment to the work force must be genuine. An applicant 67.5may restrict availability to suitable employment, but there must be no other restrictions, 67.6either self-imposed or created by circumstances, temporary or permanent, that prevent 67.7accepting suitable employment. 67.8(b) To be considered "available for suitable employment," a student must be willing 67.9to quit school to accept suitable employment. 67.10(c) An applicant who is absent from the labor market area for personal reasons, other 67.11than to search for work, is not "available for suitable employment." 67.12(d) An applicant who has restrictions on the hours of the day or days of the week 67.13that the applicant can or will work, that are not normal for the applicant's usual occupation 67.14or other suitable employment, is not "available for suitable employment." An applicant 67.15must be available for daytime employment, if suitable employment is performed during 67.16the daytime, even though the applicant previously worked the night shift. 67.17(e) An applicant must have transportation throughout the labor market area to be 67.18considered "available for suitable employment." 67.19    Sec. 10. new text begin [268.088] BENEFITS PAID DURING CERTAIN VOLUNTARY new text end 67.20 new text begin UNEMPLOYMENT. new text end 67.21 new text begin (a) An applicant who elects to become temporarily unemployed in order to avoid new text end 67.22 new text begin the layoff of another employee with the applicant's employer due to lack of work is new text end 67.23 new text begin not ineligible for benefits under the leave of absence provisions of section 268.085, new text end 67.24 new text begin subdivision 13a, nor ineligible under the quit provisions of section 268.095, if: new text end 67.25 new text begin (1) the election is authorized under a collective bargaining agreement or written new text end 67.26 new text begin employer policy; new text end 67.27 new text begin (2) the employer has accepted the applicant's election; new text end 67.28 new text begin (3) the employer provides a written certification that is provided to the department new text end 67.29 new text begin that the applicant's election prevented another employee with the employer from being new text end 67.30 new text begin laid off due to lack of work; and new text end 67.31 new text begin (4) both the applicant and the employer, at the time of the election, expect the new text end 67.32 new text begin applicant's unemployment from the employer to be temporary. new text end 67.33 new text begin (b) In addition to the requirements of paragraph (a), for unemployment benefits to be new text end 67.34 new text begin payable, an applicant must meet all the other benefit eligibility requirements under this new text end 67.35 new text begin chapter, including being available for suitable employment with a different employer. new text end 68.1    Sec. 11. Minnesota Statutes 2008, section 268.095, subdivision 1, is amended to read: 68.2    Subdivision 1. Quit. An applicant who quit employment is ineligible for all 68.3unemployment benefits according to subdivision 10 except when: 68.4    (1) the applicant quit the employment because of a good reason caused by the 68.5employer as defined in subdivision 3; 68.6    (2) the applicant quit the employment to accept other covered employment that 68.7provided substantially better terms and conditions of employment, but the applicant did 68.8not work long enough at the second employment to have sufficient subsequent earnings to 68.9satisfy the period of ineligibility that would otherwise be imposed under subdivision 10 68.10for quitting the first employment; 68.11    (3) the applicant quit the employment within 30 calendar days of beginning the 68.12employment because the employment was unsuitable for the applicant; 68.13    (4) the employment was unsuitable for the applicant and the applicant quit to enter 68.14reemployment assistance training; 68.15    (5) the employment was part time and the applicant also had full-time employment 68.16in the base period, from which full-time employment the applicant separated because of 68.17reasons for which the applicant was held not to be ineligible, and the wage credits from 68.18the full-time employment are sufficient to meet the minimum requirements to establish a 68.19benefit account under section 268.07; 68.20    (6) the applicant quit because the employer notified the applicant that the applicant 68.21was going to be laid off because of lack of work within 30 calendar days. An applicant 68.22who quit employment within 30 calendar days of a notified date of layoff because of lack 68.23of work is ineligible for unemployment benefits through the end of the week that includes 68.24the scheduled date of layoff; 68.25    (7) the applicant quit the employment because the applicant's serious illness or 68.26injury made it medically necessary that the applicant quit, provided that the applicant 68.27inform the employer of the serious illness or injury and request accommodation and no 68.28reasonable accommodation is made available. 68.29    If the applicant's serious illness is chemical dependency, this exception does not 68.30apply if the applicant was previously diagnosed as chemically dependent or had treatment 68.31for chemical dependency, and since that diagnosis or treatment has failed to make 68.32consistent efforts to control the chemical dependency. 68.33    This exception raises an issue of the applicant's being able to work new text begin available for new text end 68.34 new text begin suitable employment new text end under section 268.085, subdivision 1, that the commissioner shall new text begin new text end 68.35 new text begin must new text end determine; 69.1    (8) the applicant's loss of child care for the applicant's minor child caused the 69.2applicant to quit the employment, provided the applicant made reasonable effort to obtain 69.3other child care and requested time off or other accommodation from the employer and no 69.4reasonable accommodation is available. 69.5    This exception raises an issue of the applicant's availability new text begin being available new text end for 69.6suitable employment under section 268.085, subdivision 1, that the commissioner shall new text begin new text end 69.7 new text begin must new text end determine; or 69.8    (9) domestic abuse of the applicant or the applicant's minor child, necessitated the 69.9applicant's quitting the employment. Domestic abuse must be shown by one or more of 69.10the following: 69.11    (i) a district court order for protection or other documentation of equitable relief 69.12issued by a court; 69.13    (ii) a police record documenting the domestic abuse; 69.14    (iii) documentation that the perpetrator of the domestic abuse has been convicted 69.15of the offense of domestic abuse; 69.16    (iv) medical documentation of domestic abuse; or 69.17    (v) written statement that the applicant or the applicant's minor child is a victim 69.18of domestic abuse, provided by a social worker, member of the clergy, shelter worker, 69.19attorney at law, or other professional who has assisted the applicant in dealing with the 69.20domestic abuse. 69.21    Domestic abuse for purposes of this clause is defined under section 518B.01. 69.22    Sec. 12. Minnesota Statutes 2008, section 268.095, subdivision 2, is amended to read: 69.23    Subd. 2. Quit defined. (a) A quit from employment occurs when the decision to end 69.24the employment was, at the time the employment ended, the employee's. 69.25    (b) An employee who has been notified that the employee will be discharged in the 69.26future, who chooses to end the employment while employment in any capacity is still 69.27available, is considered to have quit the employment. 69.28    (c) An employee who seeks to withdraw a previously submitted notice of quitting is 69.29considered to have quit the employment if the employer does not agree that the notice 69.30may be withdrawn. 69.31    (d) An applicant who, within five calendar days after completion of a suitable 69.32temporary job assignment from a staffing service employer, (1) fails without good cause 69.33to affirmatively request an additional job assignment, or (2) refuses without good cause 69.34an additional suitable job assignment offered, new text begin or (3) accepts employment with the client new text end 69.35 new text begin of the staffing service, new text end is considered to have quit employment new text begin with the staffing service. new text end 70.1 new text begin Accepting employment with the client of the staffing service meets the requirements of the new text end 70.2 new text begin exception to ineligibility under subdivision 1, clause (2) new text end . 70.3    This paragraph applies only if, at the time of beginning of employment with the 70.4staffing service employer, the applicant signed and was provided a copy of a separate 70.5document written in clear and concise language that informed the applicant of this 70.6paragraph and that unemployment benefits may be affected. 70.7    For purposes of this paragraph, "good cause" is a reason that is significant and 70.8would compel an average, reasonable worker, who would otherwise want an additional 70.9temporary job assignment with the staffing service employer, (1) to fail to contact the 70.10staffing service employer, or (2) to refuse an offered assignment. 70.11    For purposes of this paragraph, a "staffing service employer" is an employer whose 70.12business involves employing individuals directly for the purpose of furnishing temporary 70.13job assignment workers to clients of the staffing service. 70.14    Sec. 13. Minnesota Statutes 2008, section 268.103, is amended by adding a subdivision 70.15to read: 70.16     new text begin Subd. 2a. new text end new text begin Employer-agent appeals filed online. new text end new text begin (a) If an agent files an appeal on new text end 70.17 new text begin behalf of an employer, the appeal must be filed online. The appeal must be filed through new text end 70.18 new text begin the electronic address provided on the determination being appealed. Use of another new text end 70.19 new text begin method of filing does not constitute an appeal. This paragraph does not apply to an new text end 70.20 new text begin employee filing an appeal on behalf of an employer. new text end 70.21 new text begin (b) All information requested when the appeal is filed must be supplied or the new text end 70.22 new text begin communication does not constitute an appeal. new text end 70.23    Sec. 14. Minnesota Statutes 2008, section 268.18, subdivision 4a, is amended to read: 70.24    Subd. 4a. Court fees new text begin ; collection fees new text end . (a) If the commissioner is required to pay any 70.25court fees in an attempt to enforce collection of overpaid unemployment benefits, penalties, 70.26or interest, the commissioner may add the amount of the court fees to the total amount due. 70.27(b) If an applicant who has been determined overpaid unemployment benefits 70.28because of fraud seeks to have any portion of the debt discharged under the federal 70.29bankruptcy code, and the commissioner files an objection in bankruptcy court to the 70.30discharge, the commissioner may add the commissioner's cost of any court fees to the debt 70.31if the bankruptcy court does not discharge the debt. 70.32 new text begin (c) If the Internal Revenue Service assesses the commissioner a fee for offsetting new text end 70.33 new text begin from a federal tax refund the amount of any fraud overpayment, including penalties and new text end 70.34 new text begin interest, the amount of the fee may be added to the total amount due. The offset amount new text end 71.1 new text begin must be put in the trust fund and that amount credited to the total amount due from the new text end 71.2 new text begin applicant. new text end 71.3    Sec. 15. Minnesota Statutes 2008, section 268.186, is amended to read: 71.4268.186 RECORDS; AUDITS. 71.5    (a) Each employer must keep true and accurate records for the periods of time and 71.6containing the information the commissioner may require by rule. For the purpose of 71.7administering this chapter, the commissioner has the power to audit, examine, or cause to 71.8be supplied or copied, any books, correspondence, papers, records, or memoranda that 71.9are relevant, whether the books, correspondence, papers, records, or memoranda are the 71.10property of or in the possession of the employer or any other person at any reasonable 71.11time and as often as may be necessary. 71.12    (b) Any employer that refuses to allow an audit of its records by the department, or 71.13that fails to make all necessary records available for audit in Minnesota upon request of 71.14the commissioner, may be assessed an administrative penalty of $500. new text begin An employer that new text end 71.15 new text begin fails to provide a weekly breakdown of money earned by an applicant upon request of the new text end 71.16 new text begin commissioner, information necessary for the detection of applicant fraud under section new text end 71.17 new text begin 268.18, subdivision 2, may be assessed an administrative penalty of $100. Any notice new text end 71.18 new text begin requesting a weekly breakdown must clearly state that a $100 penalty may be assessed for new text end 71.19 new text begin failure to provide the information. new text end The penalty collected is credited to the administration 71.20account to be used by the commissioner to ensure integrity in the administration of the 71.21unemployment insurance program new text begin trust fund new text end . 71.22    (c) The commissioner may make summaries, compilations, photographs, 71.23duplications, or reproductions of any records, or reports that the commissioner considers 71.24advisable for the preservation of the information contained therein. Any summaries, 71.25compilations, photographs, duplications, or reproductions is admissible in any proceeding 71.26under this chapter. The commissioner may duplicate records, reports, summaries, 71.27compilations, instructions, determinations, or any other written or recorded matter 71.28pertaining to the administration of this chapter. 71.29    (d) Regardless of any law to the contrary, the commissioner may provide for the 71.30destruction of any records, reports, or reproductions, or other papers that are no longer 71.31necessary for the administration of this chapter, including any required audit. In addition, 71.32the commissioner may provide for the destruction or disposition of any record, report, 71.33or other paper from which the information has been electronically captured and stored, 71.34or that has been photographed, duplicated, or reproduced. 72.1    Sec. 16. new text begin ENTREPRENEURSHIP FOR DISLOCATED WORKERS. new text end 72.2     new text begin Subdivision 1. new text end new text begin Authorization. new text end new text begin Minnesota has been awarded a federal grant by the new text end 72.3 new text begin United States Department of Labor under the Project GATE (Growing America Through new text end 72.4 new text begin Entrepreneurship) program to assist certain dislocated workers in starting a business. new text end 72.5 new text begin Providing unemployment benefits while the dislocated worker is receiving services such new text end 72.6 new text begin as entrepreneurial training, business counseling, and technical assistance will assist in the new text end 72.7 new text begin success of this pilot project. In order to provide unemployment benefits, the commissioner new text end 72.8 new text begin of employment and economic development is authorized to waive the availability for new text end 72.9 new text begin suitable employment requirements of Minnesota Statutes, section 268.085, subdivision 1, new text end 72.10 new text begin as well as the earnings deductibility provisions of Minnesota Statutes, section 268.085, new text end 72.11 new text begin subdivision 5, for individuals enrolled in this pilot project. new text end 72.12     new text begin Subd. 2. new text end new text begin Limitations. new text end new text begin A maximum of 500 applicants for unemployment benefits are new text end 72.13 new text begin authorized to receive a waiver. new text end 72.14     new text begin Subd. 3. new text end new text begin Expiration date. new text end new text begin The authorization under subdivision 1 expires June new text end 72.15 new text begin 30, 2012. new text end 72.16    Sec. 17. new text begin EFFECTIVE DATE. new text end 72.17 new text begin Sections 1 to 6, 8 to 12, 14, and 15 are effective August 2, 2009, and apply to all new text end 72.18 new text begin department determinations and unemployment law judge decisions issued on or after that new text end 72.19 new text begin date. Section 13 is effective April 1, 2010, and applies to all department determinations new text end 72.20 new text begin and unemployment law judge decisions issued on or after that date. Section 7 is effective new text end 72.21 new text begin retroactively from December 1, 2008. Section 16 is effective the day following final new text end 72.22 new text begin enactment. new text end 72.23ARTICLE 4 72.24UNEMPLOYMENT INSURANCE TECHNICAL CHANGES 72.25    Section 1. Minnesota Statutes 2008, section 268.031, is amended to read: 72.26268.031 STANDARD OF PROOF. 72.27     new text begin Subdivision 1. new text end new text begin Standard of proof. new text end All issues of fact under the Minnesota 72.28Unemployment Insurance Law are determined by a preponderance of the evidence. 72.29Preponderance of the evidence means evidence in substantiation of a fact that, when 72.30weighed against the evidence opposing the fact, is more convincing and has a greater 72.31probability of truth. 72.32     new text begin Subd. 2. new text end new text begin Statutory application. new text end new text begin This chapter is remedial in nature and must be new text end 72.33 new text begin applied in favor of awarding unemployment benefits. Any legal conclusion that results in new text end 72.34 new text begin an applicant being ineligible for unemployment benefits must be fully supported by the new text end 73.1 new text begin facts. In determining eligibility or ineligibility for benefits, any statutory provision that new text end 73.2 new text begin would preclude an applicant from receiving benefits must be narrowly construed. new text end 73.3    Sec. 2. new text begin [268.034] COMPUTATIONS OF MONEY ROUNDED DOWN. new text end 73.4 new text begin Computations of money required under this chapter that do not result in a whole new text end 73.5 new text begin dollar are rounded down to the next lower whole dollar, unless specifically provided new text end 73.6 new text begin otherwise by law. new text end 73.7    Sec. 3. Minnesota Statutes 2008, section 268.035, subdivision 2, is amended to read: 73.8    Subd. 2. Agricultural employment. "Agricultural employment" means services: 73.9(1) on a farm, in the employ of any person or family farm corporation in connection 73.10with cultivating the soil, or in connection with raising or harvesting any agricultural or 73.11horticultural commodity, including the raising, shearing, feeding, caring for, training, and 73.12management of livestock, bees, poultry, fur-bearing animals, and wildlife; 73.13(2) in the employ of the owner or tenant or other operator of a farm, in connection 73.14with the operation, management, conservation, improvement, or maintenance of the farm 73.15and its tools and equipment, or in salvaging timber or clearing land of brush and other 73.16debris left by a tornado-like storm, if the major part of the employment is performed 73.17on a farm; 73.18(3) in connection with the production or harvesting of any commodity defined as 73.19an agricultural product in United States Code, title 7, section 1626 of the Agricultural 73.20Marketing Act, or in connection with cotton ginning, or in connection with the operation 73.21or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for 73.22profit, used exclusively for supplying and storing water for farming purposes; 73.23(4) in the employ of the operator of a farm in handling, planting, drying, packing, 73.24packaging, processing, freezing, grading, storing, or delivering to storage or to market 73.25or to a carrier for transportation to market, in its unmanufactured state, any agricultural 73.26or horticultural commodity; but only if the operator produced more than one-half of 73.27the commodity with respect to which the employment is performed, or in the employ 73.28of a group of operators of farms or a cooperative organization of which the operators 73.29are members, but only if the operators produced more than one-half of the commodity 73.30with respect to which the employment is performed; however, this clause shall new text begin is new text end not 73.31be applicable to employment performed in connection with commercial canning or 73.32commercial freezing or in connection with any agricultural or horticultural commodity 73.33after its delivery to a terminal market for distribution for consumption; or 74.1(5) on a farm operated for profit if the employment is not in the course of the 74.2employer's trade or business. 74.3For purposes of this subdivision, the term "farm" includes stock, dairy, poultry, fruit, 74.4fur-bearing animals, and truck farms, plantations, ranches, nurseries, orchards, ranges, 74.5greenhouses, or other similar structures used primarily for the raising of agricultural or 74.6horticultural commodities. 74.7    Sec. 4. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision 74.8to read: 74.9     new text begin Subd. 9a. new text end new text begin Construction; independent contractor. new text end new text begin For purposes of this chapter, new text end 74.10 new text begin section 181.723 determines whether a worker is an independent contractor or an employee new text end 74.11 new text begin when performing public or private sector commercial or residential building construction new text end 74.12 new text begin or improvement services. new text end 74.13    Sec. 5. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision 74.14to read: 74.15     new text begin Subd. 12c. new text end new text begin Determination. new text end new text begin "Determination" means a document sent to an applicant new text end 74.16 new text begin or employer by mail or electronic transmission that is an initial department ruling on a new text end 74.17 new text begin specific issue. All documents that are determinations under this chapter use that term in new text end 74.18 new text begin the title of the document and are appealable to an unemployment law judge under section new text end 74.19 new text begin 268.105, subdivision 1. new text end 74.20    Sec. 6. Minnesota Statutes 2008, section 268.035, subdivision 17, is amended to read: 74.21    Subd. 17. Filing; filed. "Filing" or "filed" means the new text begin personal new text end delivery of any 74.22document new text begin an application, appeal, or other required action new text end to the commissioner or any of 74.23the commissioner's agents, or the depositing of the document new text begin if done by mail, deposited new text end 74.24in the United States mail properly addressed to the department with postage prepaid, in 74.25which case the document new text begin it new text end is considered filed on the day indicated by the cancellation 74.26mark of the United States Postal Service. 74.27    If, where allowed, an application, appeal, or other required action is made by 74.28electronic transmission, it is considered filed on the day received by the department. 74.29    Sec. 7. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision 74.30to read: 75.1     new text begin Subd. 20a. new text end new text begin Preponderance of the evidence. new text end new text begin "Preponderance of the evidence" new text end 75.2 new text begin means evidence in substantiation of a fact that, when weighed against the evidence new text end 75.3 new text begin opposing the fact, is more convincing and has a greater probability of truth. new text end 75.4    Sec. 8. Minnesota Statutes 2008, section 268.042, subdivision 3, is amended to read: 75.5    Subd. 3. Election to have noncovered employment considered covered 75.6employment. (a) Any employer that has employment performed for it that is noncovered 75.7employment under section 268.035, subdivision 20, may file with the commissioner, by 75.8electronic transmission in a format prescribed by the commissioner, an election that all 75.9 new text begin employees in that class of new text end employment, in one or more distinct establishments or places 75.10of business, is considered covered employment for not less than two calendar years. 75.11The commissioner has discretion on the approval of any election. Upon the approval of 75.12the commissioner, sent by mail or electronic transmission, the employment constitutes 75.13covered employment beginning the calendar quarter after the date of approval or 75.14beginning a later calendar quarter if requested by the employer. The employment ceases to 75.15be considered covered employment as of the first day of January of any calendar year only 75.16if at least 30 calendar days before the first day of January the employer has filed with the 75.17commissioner, by electronic transmission in a format prescribed by the commissioner, a 75.18notice to that effect. 75.19    (b) The commissioner must terminate any election agreement under this subdivision 75.20upon 30 calendar days' notice sent by mail or electronic transmission, if the employer is 75.21delinquent on any taxes due or reimbursements due the trust fund. 75.22    Sec. 9. Minnesota Statutes 2008, section 268.043, is amended to read: 75.23268.043 DETERMINATIONS OF COVERAGE. 75.24    (a) The commissioner, upon the commissioner's own motion or upon application 75.25of a person, shall new text begin must new text end determine if that person is an employer or whether services 75.26performed for it constitute employment and covered employment, or whether the new text begin any new text end 75.27compensation for services constitutes wages, and notify the person of the determination. 75.28The determination is final unless the person, new text begin files an appeal new text end within 20 calendar days 75.29after sending of the determination new text begin the commissioner sends the determination new text end by mail 75.30or electronic transmission, files an appeal. Proceedings on the appeal are conducted in 75.31accordance with section 268.105. 75.32    (b) No person may be initially determined an employer, or that services performed 75.33for it were in employment or covered employment, for periods more than four years 76.1before the year in which the determination is made, unless the commissioner finds that 76.2there was fraudulent action to avoid liability under this chapter. 76.3    Sec. 10. Minnesota Statutes 2008, section 268.044, subdivision 2, is amended to read: 76.4    Subd. 2. Failure to timely file report; late fees. (a) Any employer that fails to 76.5submit the quarterly wage detail report when due must pay a late fee of $10 per employee, 76.6computed based upon the highest of: 76.7    (1) the number of employees reported on the last wage detail report submitted; 76.8    (2) the number of employees reported in the corresponding quarter of the prior 76.9calendar year; or 76.10    (3) if no wage detail report has ever been submitted, the number of employees 76.11listed at the time of employer registration. 76.12    The late fee is waived new text begin canceled new text end if the wage detail report is received within 30 76.13calendar days after a demand for the report is sent to the employer by mail or electronic 76.14transmission. A late fee assessed an employer may not be waived new text begin canceled new text end more than 76.15twice each 12 months. The amount of the late fee assessed may not be less than $250. 76.16    (b) If the wage detail report is not received in a manner and format prescribed by the 76.17commissioner within 30 calendar days after demand is sent under paragraph (a), the late 76.18fee assessed under paragraph (a) doubles and a renewed demand notice and notice of the 76.19increased late fee will be sent to the employer by mail or electronic transmission. 76.20    (c) Late fees due under this subdivision may be compromised new text begin canceled, in whole or new text end 76.21 new text begin in part, new text end under section new text begin 268.066 new text end where good cause for late submission is found by 76.22the commissioner. 76.23    Sec. 11. Minnesota Statutes 2008, section 268.047, subdivision 1, is amended to read: 76.24    Subdivision 1. General rule. Unemployment benefits paid to an applicant, 76.25including extended and shared work benefits, will be used in computing the future 76.26tax rate of a taxpaying base period employer or charged to the reimbursable account 76.27of a base period nonprofit or government employer that has elected to be liable for 76.28reimbursements except as provided in subdivisions 2 and 3. The amount of unemployment 76.29benefits used in computing the future tax rate of taxpaying employers or charged to the 76.30reimbursable account of a nonprofit or government employer that has elected to be liable 76.31for reimbursements is the same percentage of the total amount of unemployment benefits 76.32paid as the percentage of wage credits from the employer is of the total amount of wage 76.33credits from all the applicant's base period employers. 77.1    In making computations under this subdivision, the amount of wage credits, if not a 77.2whole dollar, must be computed to the nearest whole dollar. 77.3    Sec. 12. Minnesota Statutes 2008, section 268.047, subdivision 2, is amended to read: 77.4    Subd. 2. Exceptions for all employers. Unemployment benefits paid will not be 77.5used in computing the future tax rate of a taxpaying base period employer or charged to 77.6the reimbursable account of a base period nonprofit or government employer that has 77.7elected to be liable for reimbursements when: 77.8    (1) the applicant was discharged from the employment because of aggravated 77.9employment misconduct as determined under section 268.095. This exception applies 77.10only to unemployment benefits paid for periods after the applicant's discharge from 77.11employment; 77.12    (2) an applicant's discharge from that employment occurred because a law required 77.13removal of the applicant from the position the applicant held; 77.14    (3) the employer is in the tourist or recreation industry and is in active operation of 77.15business less than 15 calendar weeks each year and the applicant's wage credits from the 77.16employer are less than 600 times the applicable state or federal minimum wage; 77.17    (4) new text begin (3) new text end the employer provided regularly scheduled part-time employment to the 77.18applicant during the applicant's base period and continues to provide the applicant with 77.19regularly scheduled part-time employment during the benefit year of at least 90 percent 77.20of the part-time employment provided in the base period, and is an involved employer 77.21because of the applicant's loss of other employment. This exception terminates effective 77.22the first week that the employer fails to meet the benefit year employment requirements. 77.23This exception applies to educational institutions without consideration of the period 77.24between academic years or terms; 77.25    (5) new text begin (4) new text end the employer is a fire department or firefighting corporation or operator 77.26of a life-support transportation service, and continues to provide employment for the 77.27applicant as a volunteer firefighter or a volunteer ambulance service personnel during the 77.28benefit year on the same basis that employment was provided in the base period. This 77.29exception terminates effective the first week that the employer fails to meet the benefit 77.30year employment requirements; 77.31    (6) new text begin (5) new text end the applicant's unemployment from this employer was a direct result of 77.32the condemnation of property by a governmental agency, a fire, flood, or act of nature, 77.33where 25 percent or more of the employees employed at the affected location, including 77.34the applicant, became unemployed as a result. This exception does not apply where the 78.1unemployment was a direct result of the intentional act of the employer or a person acting 78.2on behalf of the employer; 78.3    (7) new text begin (6) new text end the unemployment benefits were paid by another state as a result of the 78.4transferring of wage credits under a combined wage arrangement provided for in section 78.5268.131 ; 78.6    (8) new text begin (7) new text end the applicant stopped working because of a labor dispute at the applicant's 78.7primary place of employment if the employer was not a party to the labor dispute; 78.8    (9) new text begin (8) new text end the unemployment benefits were determined overpaid unemployment benefits 78.9under section 268.18; 78.10    (10) new text begin (9) new text end the applicant was employed as a replacement worker, for a period of six 78.11months or longer, for an employee who is in the military reserve and was called for active 78.12duty during the time the applicant worked as a replacement, and the applicant was laid off 78.13because the employee returned to employment after active duty; or 78.14    (11) new text begin (10) new text end the trust fund was reimbursed for the unemployment benefits by the 78.15federal government. 78.16    Sec. 13. Minnesota Statutes 2008, section 268.051, subdivision 1, is amended to read: 78.17    Subdivision 1. Payments. (a) Unemployment insurance taxes and any special 78.18assessments, fees, or surcharges accrue and become payable by each employer for each 78.19calendar year on the taxable wages that the employer paid to employees in covered 78.20employment, except for: 78.21    (1) nonprofit organizations that elect to make reimbursements as provided in section 78.22268.053 ; and 78.23    (2) the state of Minnesota and political subdivisions that make reimbursements, 78.24unless they elect to pay taxes as provided in section 268.052. 78.25    Each employer must pay taxes quarterly, at the employer's assigned tax rate under 78.26subdivision 6, on the taxable wages paid to each employee. The commissioner must 78.27compute the tax due from the wage detail report required under section 268.044 and notify 78.28the employer of the tax due. The taxes and any special assessments, fees, or surcharges 78.29must be paid to the trust fund and must be received by the department on or before the last 78.30day of the month following the end of the calendar quarter. 78.31    (b) The tax amount computed, if not a whole dollar, is rounded down to the next 78.32lower whole dollar. 78.33    (c) If for any reason the wages on the wage detail report under section 268.044 are 78.34adjusted for any quarter, the commissioner must recompute the taxes due for that quarter 78.35and assess the employer for any amount due or credit the employer as appropriate. 79.1    Sec. 14. Minnesota Statutes 2008, section 268.051, subdivision 4, is amended to read: 79.2    Subd. 4. Experience rating history transfer. (a) When: 79.3    (1) a taxpaying employer acquires all of the organization, trade or business, or 79.4workforce of another taxpaying employer; and 79.5    (2) there is 25 percent or more common ownership or there is substantially common 79.6management or control between the predecessor and successor, the experience rating 79.7history of the predecessor employer is transferred to the successor employer. 79.8    (b) When: 79.9    (1) a taxpaying employer acquires a portion, but less than all, of the organization, 79.10trade or business, or workforce of another taxpaying employer; and 79.11    (2) there is 25 percent or more common ownership or there is substantially common 79.12management or control between the predecessor and successor, the successor employer 79.13acquires, as of the date of acquisition, the experience rating history attributable to the 79.14portion it acquired, and the predecessor employer retains the experience rating history 79.15attributable to the portion that it has retained. If the commissioner determines that 79.16sufficient information is not available to substantiate that a distinct severable portion 79.17was acquired and to assign the appropriate distinct severable portion of the experience 79.18rating history, the commissioner shall new text begin must new text end assign the successor employer that percentage 79.19of the predecessor employer's experience rating history equal to that percentage of 79.20the employment positions it has obtained, and the predecessor employer retains that 79.21percentage of the experience rating history equal to the percentage of the employment 79.22positions it has retained. 79.23    (c) The term "common ownership" for purposes of this subdivision includes 79.24ownership by a spouse, parent, grandparent, child, grandchild, brother, sister, aunt, uncle, 79.25niece, nephew, or first cousin, by birth or by marriage. 79.26    (d) Each successor employer that is subject to paragraph (a) or (b) must notify the 79.27commissioner of the acquisition by electronic transmission, in a format prescribed by the 79.28commissioner, within 30 calendar days of the date of acquisition. Any successor employer 79.29that fails to notify the commissioner is subject to the penalties under section 268.184, 79.30subdivision 1a , if the successor's experience rating new text begin assigned tax rate under subdivision 2 new text end 79.31 new text begin or 5 new text end was lower than the predecessor's experience rating new text begin assigned tax rate new text end at the time of 79.32the acquisition. Payments made toward the penalties are credited to the administration 79.33account to be used to ensure integrity in the unemployment insurance program. 79.34    (e) If the successor employer under paragraphs (a) and (b) had an experience rating 79.35at the time of the acquisition, the transferred experience rating history of the predecessor 80.1is combined with the successor's experience rating history for purposes of recomputing 80.2a tax rate. 80.3    (f) If there has been a transfer of an experience rating history under paragraph (a) or 80.4(b), employment with a predecessor employer is not considered to have been terminated if 80.5similar employment is offered by the successor employer and accepted by the employee. 80.6    (g) The commissioner, upon notification of an employer, or upon the commissioner's 80.7own motion if the employer fails to provide the required notification, shall new text begin must new text end determine 80.8if an employer is a successor within the meaning of this subdivision. The commissioner 80.9shall new text begin must new text end , after determining the issue of succession or nonsuccession, recompute the tax 80.10rate under subdivision 6 of all employers affected. The commissioner shall new text begin must new text end send the 80.11recomputed tax rate to all affected employers by mail or electronic transmission. Any 80.12affected employer may appeal the recomputed tax rate in accordance with the procedures 80.13in subdivision 6, paragraph (c). 80.14    (h) The "experience rating history" for purposes of this subdivision and subdivision 80.154a means the amount of unemployment benefits paid and the taxable wages that are being 80.16used and would be used in computing the current and any future experience rating. 80.17    For purposes of this chapter, an "acquisition" means anything that results in the 80.18obtaining by the successor employer, in any way or manner, of the organization, trade or 80.19business, or workforce of the predecessor employer. 80.20    A "distinct severable portion" in paragraph (b) means a location or unit separately 80.21identifiable within the employer's wage detail report under section 268.044. 80.22    (i) Regardless of the ownership, management, or control requirements of paragraph 80.23(a), if there is an acquisition or merger of a publicly held corporation by or with another 80.24publicly held corporation the experience rating histories of the corporations are combined 80.25as of the date of acquisition or merger for the purpose of recomputing a tax rate. 80.26    Sec. 15. Minnesota Statutes 2008, section 268.057, subdivision 4, is amended to read: 80.27    Subd. 4. Costs. new text begin (a) new text end Any person new text begin employer, and any applicant subject to section new text end 80.28 new text begin 268.18, subdivision 2, new text end that fails to pay any amount when due under this chapter is liable 80.29for any filing fees, recording fees, sheriff fees, costs incurred by referral to any public 80.30or private collection agency, or litigation costs, including attorney fees, incurred in the 80.31collection of the amounts due. 80.32     new text begin (b) new text end If any tendered payment of any amount due is not honored when presented to 80.33a financial institution for payment, any costs assessed the department by the financial 80.34institution and a fee of $25 must be assessed to the person. 81.1     new text begin (c) new text end Costs and fees collected under this subdivision are credited to the administration 81.2account to be used by the commissioner to ensure integrity in the administration of the 81.3unemployment insurance program. 81.4    Sec. 16. Minnesota Statutes 2008, section 268.057, subdivision 5, is amended to read: 81.5    Subd. 5. Interest on amounts past due. If any amounts due from an employer 81.6under this chapter or section 116L.20, except late fees under section 268.044, are not 81.7received on the date due the unpaid balance bears interest at the rate of one and one-half 81.8percent per month or any part thereof. Interest assessed, if not a whole dollar amount, 81.9is rounded down to the next lower whole dollar. Interest collected is credited to the 81.10contingent account. Interest may be compromised under section . 81.11    Sec. 17. Minnesota Statutes 2008, section 268.0625, subdivision 1, is amended to read: 81.12    Subdivision 1. Notice of debt to licensing authority. The state of Minnesota or a 81.13political subdivision may not issue, transfer, or renew, and must revoke a license for the 81.14conduct of any profession, trade, or business, if the commissioner notifies the licensing 81.15authority that the licensee, applicant, or employer owes any amount due under this chapter 81.16or section 116L.20, of $500 or more. A licensing authority that has received such a notice 81.17may issue, transfer, renew, or not revoke the license only if the licensing authority has 81.18received a copy of the debt clearance certificate issued by the commissioner. 81.19    Sec. 18. Minnesota Statutes 2008, section 268.069, subdivision 1, is amended to read: 81.20    Subdivision 1. Requirements. The commissioner shall new text begin must new text end pay unemployment 81.21benefits from the trust fund to an applicant who has met each of the following requirements: 81.22    (1) the applicant has filed an application for unemployment benefits and established 81.23a benefit account in accordance with section 268.07; 81.24    (2) the applicant has not been held ineligible for unemployment benefits under 81.25section 268.095 because of a quit or discharge; 81.26    (3) the applicant has met all of the ongoing eligibility requirements under sections 81.27 new text begin section new text end 268.085 and ; 81.28    (4) the applicant does not have an outstanding overpayment of unemployment 81.29benefits, including any penalties or interest; and 81.30    (5) the applicant has not been held ineligible for unemployment benefits under 81.31section 268.182 because of a false representation or concealment of facts. 81.32    Sec. 19. Minnesota Statutes 2008, section 268.07, subdivision 1, is amended to read: 82.1    Subdivision 1. Application for unemployment benefits; determination of benefit 82.2account. (a) An application for unemployment benefits may be filed in person, by mail, 82.3or by electronic transmission as the commissioner may require. The applicant must be 82.4unemployed at the time the application is filed and must provide all requested information 82.5in the manner required. If the applicant is not unemployed at the time of the application 82.6or fails to provide all requested information, the communication is not considered an 82.7application for unemployment benefits. 82.8    (b) The commissioner shall new text begin must new text end examine each application for unemployment 82.9benefits to determine the base period and the benefit year, and based upon all 82.10the covered employment in the base period the commissioner shall determine the 82.11weekly unemployment benefit amount available, if any, and the maximum amount of 82.12unemployment benefits available, if any. The determination is known as the new text begin , which is a new text end 82.13 new text begin document separate and distinct from a document titled a determination of eligibility or new text end 82.14 new text begin determination of ineligibility issued under section 268.101, must be titled new text end determination of 82.15benefit account. A determination of benefit account must be sent to the applicant and all 82.16base period employers, by mail or electronic transmission. 82.17    (c) If a base period employer did not provide wage information for the applicant as 82.18provided for in section 268.044, or provided erroneous information, the commissioner 82.19may accept an applicant certification as to wage credits, based upon the applicant's records, 82.20and issue a determination of benefit account. 82.21    (d) The commissioner may, at any time within 24 months from the establishment 82.22of a benefit account, reconsider any determination of benefit account and make an 82.23amended determination if the commissioner finds that the determination was incorrect 82.24for any reason. An amended determination new text begin of benefit account new text end must be promptly sent 82.25to the applicant and all base period employers, by mail or electronic transmission. new text begin new text end 82.26 new text begin This subdivision does not apply to documents titled determinations of eligibility or new text end 82.27 new text begin determinations of ineligibility issued under section 268.101. new text end 82.28    (e) If an amended determination of benefit account reduces the weekly 82.29unemployment benefit amount or maximum amount of unemployment benefits available, 82.30any unemployment benefits that have been paid greater than the applicant was entitled 82.31is considered an overpayment of unemployment benefits. A determination or amended 82.32determination issued under this section that results in an overpayment of unemployment 82.33benefits must set out the amount of the overpayment and the requirement under section 82.34268.18, subdivision 1 , that the overpaid unemployment benefits must be repaid. 82.35    Sec. 20. Minnesota Statutes 2008, section 268.07, subdivision 2, is amended to read: 83.1    Subd. 2. Benefit account requirements and weekly unemployment benefit 83.2amount and maximum amount of unemployment benefits. (a) To establish a benefit 83.3account, an applicant must have: 83.4    (1) high quarter wage credits of $1,000 or more; and 83.5    (2) wage credits, in other than the high quarter, of $250 or more. 83.6    (b) If an applicant has established a benefit account, the weekly unemployment 83.7benefit amount available during the benefit year is the higher of: 83.8    (1) 50 percent of the applicant's average weekly wage during the base period, to a 83.9maximum of 66-2/3 percent of the state's average weekly wage; or 83.10    (2) 50 percent of the applicant's average weekly wage during the high quarter, to a 83.11maximum of 43 percent of the state's average weekly wage. 83.12    The applicant's average weekly wage under clause (1) is computed by dividing 83.13the total wage credits by 52. The applicant's average weekly wage under clause (2) is 83.14computed by dividing the high quarter wage credits by 13. 83.15    (c) The state's maximum weekly unemployment benefit amount and an applicant's 83.16weekly unemployment benefit amount and maximum amount of unemployment benefits 83.17available is rounded down to the next lower whole dollar. The state's maximum weekly 83.18benefit amount, computed in accordance with section 268.035, subdivision 23, applies 83.19to a benefit account established effective on or after the last Sunday in October. Once 83.20established, an applicant's weekly unemployment benefit amount is not affected by the last 83.21Sunday in October change in the state's maximum weekly unemployment benefit amount. 83.22    (d) The maximum amount of unemployment benefits available on any benefit 83.23account is the lower of: 83.24    (1) 33-1/3 percent of the applicant's total wage credits; or 83.25    (2) 26 times the applicant's weekly unemployment benefit amount. 83.26    Sec. 21. Minnesota Statutes 2008, section 268.07, subdivision 3, is amended to read: 83.27    Subd. 3. Second benefit account requirements. To establish a second benefit 83.28account following the expiration of a benefit year on a prior benefit account, an 83.29applicant must have sufficient wage credits to establish a benefit account under new text begin meet the new text end 83.30 new text begin requirements of new text end subdivision 2 and must have performed services in covered employment 83.31after the effective date of the prior benefit account. The wages paid for that employment 83.32 new text begin those services new text end must equal not less than new text begin be at least new text end eight times the weekly unemployment 83.33benefit amount of the prior benefit account. new text begin Part of new text end the purpose of new text begin reason for new text end this 83.34subdivision is to prevent an applicant from establishing more than one benefit account as a 83.35result of one loss of employment. 84.1    Sec. 22. Minnesota Statutes 2008, section 268.084, is amended to read: 84.2268.084 PERSONAL IDENTIFICATION NUMBER; PRESUMPTION. 84.3    (a) Each applicant must be issued a personal identification number (PIN) for the 84.4purpose of filing continued requests for unemployment benefits, accessing information, 84.5and engaging in other transactions with the department. 84.6    (b) If a PIN assigned to an applicant is used in the filing of a continued request for 84.7unemployment benefits under section new text begin 268.0865 new text end or any other type of transaction, 84.8the applicant is presumed to have been the individual using that PIN and presumed to have 84.9received any unemployment benefit payment issued. This presumption may be rebutted 84.10by a preponderance of the evidence showing that the applicant assigned the PIN was not 84.11the individual who used that PIN in the transaction. 84.12    (c) The commissioner shall new text begin must new text end notify each applicant of this section. 84.13    Sec. 23. Minnesota Statutes 2008, section 268.085, subdivision 1, is amended to read: 84.14    Subdivision 1. Eligibility conditions. An applicant may be eligible to receive 84.15unemployment benefits for any week if: 84.16    (1) the applicant has an active benefit account and has filed a continued request for 84.17unemployment benefits for that week under section new text begin 268.0865 new text end ; 84.18    (2) the week for which unemployment benefits are requested is in the applicant's 84.19benefit year; 84.20    (3) the applicant was unemployed as defined in section 268.035, subdivision 26; 84.21    (4) the applicant was able to work and was available for suitable employment, and 84.22was actively seeking suitable employment new text begin as defined in subdivision 15 new text end . The applicant's 84.23weekly unemployment benefit amount is reduced one-fifth for each day the applicant 84.24is unable to work or is unavailable for suitable employment. If the computation of the 84.25reduced unemployment benefits is not a whole dollar, it is rounded down to the next lower 84.26whole dollar. This clause does not apply to an applicant who is in reemployment assistance 84.27training, or each day the applicant is on jury duty or serving as an election judge; 84.28    (5) new text begin the applicant was actively seeking suitable employment as defined in subdivision new text end 84.29 new text begin 16. This clause does not apply to an applicant who is in reemployment assistance training new text end 84.30 new text begin or who was on jury duty throughout the week; new text end 84.31 new text begin (6) new text end the applicant has served a nonpayable waiting period of one week that the 84.32applicant is otherwise entitled to some amount of unemployment benefits. This clause 84.33does not apply if the applicant would have been entitled to federal disaster unemployment 84.34assistance because of a disaster in Minnesota, but for the applicant's establishment of a 84.35benefit account under section 268.07; and 85.1    (6) new text begin (7) new text end the applicant has been participating in reemployment assistance services, 85.2such as job search and resume writing classes, if the applicant has been determined in 85.3need of reemployment assistance services by the commissioner, unless the applicant 85.4has good cause for failing to participate. 85.5    Sec. 24. Minnesota Statutes 2008, section 268.085, subdivision 2, is amended to read: 85.6    Subd. 2. Not eligible. An applicant is ineligible for unemployment benefits for 85.7any week: 85.8    (1) that occurs before the effective date of a benefit account; 85.9    (2) that the applicant, at the beginning of the week, has an outstanding fraud 85.10overpayment balance under section 268.18, subdivision 2, including any penalties and 85.11interest; 85.12    (3) that occurs in a period when the applicant is a student in attendance at, or on 85.13vacation from a secondary school including the period between academic years or terms; 85.14    (4) that the applicant is incarcerated or performing court ordered new text begin court-ordered new text end 85.15community service. The applicant's weekly unemployment benefit amount is reduced 85.16by one-fifth for each day the applicant is incarcerated or performing court ordered 85.17 new text begin court-ordered new text end community service. If the computation of the reduced unemployment 85.18benefits is not a whole dollar, it is rounded down to the next lower whole dollar; 85.19    (5) that the applicant fails or refuses to provide information on an issue of 85.20ineligibility required under section 268.101; 85.21    (6) that the applicant is performing services 32 hours or more, in employment, 85.22covered employment, noncovered employment, volunteer work, or self-employment 85.23regardless of the amount of any earnings; or 85.24    (7) with respect to which the applicant is receiving, has received, or has filed an 85.25application for unemployment benefits under any federal law or the law of any other 85.26state. If the appropriate agency finally determines that the applicant is not entitled to the 85.27unemployment benefits, this clause does not apply. 85.28    Sec. 25. Minnesota Statutes 2008, section 268.085, subdivision 3a, is amended to read: 85.29    Subd. 3a. Workers' compensation and disability insurance offset. (a) An 85.30applicant is not eligible to receive unemployment benefits for any week in which the 85.31applicant is receiving or has received compensation for loss of wages equal to or in excess 85.32of the applicant's weekly unemployment benefit amount under: 85.33    (1) the workers' compensation law of this state; 85.34    (2) the workers' compensation law of any other state or similar federal law; or 86.1    (3) any insurance or trust fund paid in whole or in part by an employer. 86.2    (b) This subdivision does not apply to an applicant who has a claim pending for 86.3loss of wages under paragraph (a); however, before unemployment benefits may be paid 86.4when a claim is pending, the issue of the applicant being able to work new text begin available for new text end 86.5 new text begin suitable employment new text end , as required under subdivision 1, clause (2) new text begin (4) new text end , is determined under 86.6section 268.101, subdivision 3 new text begin 2 new text end . If the applicant later receives compensation as a result 86.7of the pending claim, the applicant is subject to the provisions of paragraph (a) and the 86.8unemployment benefits paid are subject to recoupment by the commissioner to the extent 86.9that the compensation constitutes overpaid unemployment benefits. 86.10    (c) If the amount of compensation described under paragraph (a) for any week is 86.11less than the applicant's weekly unemployment benefit amount, unemployment benefits 86.12requested for that week are reduced by the amount of that compensation payment. 86.13    Sec. 26. Minnesota Statutes 2008, section 268.085, subdivision 4, is amended to read: 86.14    Subd. 4. Social Security benefits. (a) Any applicant aged 62 or over is required 86.15to state when filing an application for unemployment benefits and when filing continued 86.16requests for unemployment benefits if the applicant is receiving, has filed for, or intends to 86.17file for, primary Social Security old age benefits for any week during the benefit year. 86.18    If the effective date of the applicant's Social Security claim for old age benefits is, 86.19or will be, after the start of the base period, there must be deducted from an applicant's 86.20weekly unemployment benefit amount new text begin Unless paragraph (b) applies, new text end 50 percent of the 86.21weekly equivalent of the primary Social Security old age benefit the applicant has 86.22received, has filed for, or intends to file for, with respect to that week new text begin must be deducted new text end 86.23 new text begin from an applicant's weekly unemployment benefit amount new text end . 86.24     new text begin (b) new text end If the effective date new text begin all new text end of the applicant's new text begin wage credits were earned while the new text end 86.25 new text begin applicant was claiming new text end Social Security claim for old age benefits is before the start of the 86.26base period, there is no deduction from the applicant's weekly unemployment benefit 86.27amount. new text begin The purpose of this paragraph is to ensure that an applicant who is claiming new text end 86.28 new text begin Social Security benefits has demonstrated a desire and ability to work. new text end 86.29    (b) new text begin (c) new text end An applicant who is receiving, has received, or has filed for primary Social 86.30Security disability benefits for any week during the benefit year must be determined 86.31unable to work and unavailable for suitable employment for that week, unless: 86.32    (1) the Social Security Administration approved the collecting of primary Social 86.33Security disability benefits each month the applicant was employed during the base 86.34period; or 87.1    (2) the applicant provides a statement from an appropriate health care professional 87.2who is aware of the applicant's Social Security disability claim and the basis for that claim, 87.3certifying that the applicant is able to work and available for suitable employment. 87.4    If an applicant meets the requirements of clause (1) there is no deduction from the 87.5applicant's weekly benefit amount for any Social Security disability benefits. If only 87.6clause (2) applies, then there must be deducted from the applicant's weekly unemployment 87.7benefit amount 50 percent of the weekly equivalent of the primary Social Security 87.8disability benefits the applicant is receiving, has received, or has filed for, with respect 87.9to that week; provided, however, that if the Social Security Administration determines 87.10that an individual is not entitled to receive primary Social Security disability benefits for 87.11any week the applicant has applied for those benefits, the 50 percent deduction does not 87.12apply to that week. 87.13    (c) new text begin (d) new text end Information from the Social Security Administration is considered conclusive, 87.14absent specific evidence showing that the information was erroneous. 87.15    (d) If the computation of the reduced unemployment benefits is not a whole dollar, it 87.16is rounded down to the next lower whole dollar. 87.17    (e) This subdivision does not apply to Social Security survivor benefits. 87.18    Sec. 27. Minnesota Statutes 2008, section 268.085, subdivision 5, is amended to read: 87.19    Subd. 5. Deductible earnings. (a) If the applicant has earnings, including holiday 87.20pay, with respect to any week, from employment, covered employment, noncovered 87.21employment, self-employment, or volunteer work, equal to or in excess of the applicant's 87.22weekly unemployment benefit amount, the applicant is ineligible for unemployment 87.23benefits for that week. 87.24    (b) If the applicant has earnings, with respect to any week, that is less than 87.25the applicant's weekly unemployment benefit amount, from employment, covered 87.26employment, noncovered employment, self-employment, or volunteer work, 55 percent of 87.27the earnings are deducted from the weekly unemployment benefit amount. 87.28    The resulting unemployment benefit, if not a whole dollar, is rounded down to the 87.29next lower whole dollar. 87.30    (c) No deduction is made from an applicant's weekly unemployment benefit amount 87.31for earnings from service in the National Guard or a United States military reserve unit or 87.32from direct service as a volunteer firefighter or volunteer ambulance service personnel. 87.33This exception to paragraphs (a) and (b) does not apply to on-call or standby pay provided 87.34to a volunteer firefighter or volunteer ambulance service personnel. No deduction is made 87.35for jury duty pay or for pay as an election judge. 88.1    (d) The applicant may report deductible earnings on continued requests for 88.2unemployment benefits at the next lower whole dollar amount. 88.3    (e) Deductible earnings does not include any money considered a deductible 88.4payment under subdivision 3, but includes all compensation considered wages under 88.5section 268.035, subdivision 29, and any other compensation considered earned income 88.6under state and federal law for income tax purposes. 88.7    Sec. 28. new text begin [268.0865] CONTINUED REQUEST FOR UNEMPLOYMENT new text end 88.8 new text begin BENEFITS. new text end 88.9     new text begin Subdivision 1. new text end new text begin Continued request for unemployment benefits defined. new text end new text begin A new text end 88.10 new text begin continued request for unemployment benefits is a certification by an applicant, done new text end 88.11 new text begin on a weekly basis, that the applicant is unemployed and meets the ongoing eligibility new text end 88.12 new text begin requirements for unemployment benefits under section new text end new text begin . A continued request new text end 88.13 new text begin must include information on possible issues of ineligibility in accordance with section new text end 88.14 new text begin 268.101, subdivision 1 new text end new text begin , paragraph (c). new text end 88.15     new text begin Subd. 2. new text end new text begin Filing continued requests for unemployment benefits. new text end new text begin (a) The new text end 88.16 new text begin commissioner must designate to each applicant one of the following methods for filing a new text end 88.17 new text begin continued request: new text end 88.18     new text begin (1) by electronic transmission under subdivision 3; or new text end 88.19     new text begin (2) by mail under subdivision 4. new text end 88.20     new text begin (b) The method designated by the commissioner is the only method allowed for new text end 88.21 new text begin filing a continued request by that applicant. An applicant may ask that the other allowed new text end 88.22 new text begin method be designated and the commissioner must consider inconvenience to the applicant new text end 88.23 new text begin as well as administrative capacity in determining whether to allow an applicant to change new text end 88.24 new text begin the designated method for filing a continued request for unemployment benefits. new text end 88.25     new text begin Subd. 3. new text end new text begin Continued request for unemployment benefits by electronic new text end 88.26 new text begin transmission. new text end new text begin (a) A continued request for unemployment benefits by electronic new text end 88.27 new text begin transmission must be filed to that electronic mail address, telephone number, or Internet new text end 88.28 new text begin address prescribed by the commissioner for that applicant. In order to constitute a new text end 88.29 new text begin continued request, all information asked for, including information authenticating that the new text end 88.30 new text begin applicant is sending the transmission, must be provided in the format required. If all of the new text end 88.31 new text begin information asked for is not provided, the communication does not constitute a continued new text end 88.32 new text begin request for unemployment benefits. new text end 88.33     new text begin (b) The electronic transmission communication must be filed on the date and during new text end 88.34 new text begin the time of day designated for the applicant for filing a continued request by electronic new text end 88.35 new text begin transmission. new text end 89.1     new text begin (c) If the electronic transmission continued request is not filed on the date and new text end 89.2 new text begin during the time of day designated, a continued request by electronic transmission must be new text end 89.3 new text begin accepted if the applicant files the continued request by electronic transmission within two new text end 89.4 new text begin calendar weeks following the week in which the date designated occurred. If the continued new text end 89.5 new text begin request by electronic transmission is not filed within two calendar weeks following the new text end 89.6 new text begin week in which the date designated occurred, the electronic continued request will not be new text end 89.7 new text begin accepted and the applicant is ineligible for unemployment benefits for the period covered new text end 89.8 new text begin by the continued request, unless the applicant shows good cause for failing to file the new text end 89.9 new text begin continued request by electronic transmission within the time period required. new text end 89.10     new text begin Subd. 4. new text end new text begin Continued request for unemployment benefits by mail. new text end new text begin (a) A new text end 89.11 new text begin continued request for unemployment benefits by mail must be on a form prescribed by new text end 89.12 new text begin the commissioner. The form, in order to constitute a continued request, must be totally new text end 89.13 new text begin completed and signed by the applicant. The form must be filed on the date required for new text end 89.14 new text begin the applicant for filing a continued request by mail, in an envelope with postage prepaid, new text end 89.15 new text begin and sent to the address designated. new text end 89.16     new text begin (b) If the mail continued request for unemployment benefits is not filed on the date new text end 89.17 new text begin designated, a continued request must be accepted if the form is filed by mail within two new text end 89.18 new text begin calendar weeks following the week in which the date designated occurred. If the form new text end 89.19 new text begin is not filed within two calendar weeks following the week in which the date designated new text end 89.20 new text begin occurred, the form will not be accepted and the applicant is ineligible for unemployment new text end 89.21 new text begin benefits for the period covered by the continued request for unemployment benefits, new text end 89.22 new text begin unless the applicant shows good cause for failing to file the form by mail within the time new text end 89.23 new text begin period required. new text end 89.24     new text begin (c) If the applicant has been designated to file a continued request for unemployment new text end 89.25 new text begin benefits by mail, an applicant may submit the form by facsimile transmission on the day new text end 89.26 new text begin otherwise required for mailing, or within two calendar weeks following the week in which new text end 89.27 new text begin the date designated occurred. A form submitted by facsimile transmission must be sent new text end 89.28 new text begin only to the telephone number assigned for that purpose. new text end 89.29     new text begin (d) An applicant who has been designated to file a continued request by mail may new text end 89.30 new text begin personally deliver a continued request form only to the location to which the form was new text end 89.31 new text begin otherwise designated to be mailed. new text end 89.32     new text begin Subd. 5. new text end new text begin Good cause defined. new text end new text begin (a) "Good cause" for purposes of this section is a new text end 89.33 new text begin compelling substantial reason that would have prevented a reasonable person acting with new text end 89.34 new text begin due diligence from filing a continued request for unemployment benefits within the time new text end 89.35 new text begin periods required. new text end 90.1     new text begin (b) "Good cause" does not include forgetfulness, loss of the continued request form new text end 90.2 new text begin if filing by mail, having returned to work, having an appeal pending, or inability to file a new text end 90.3 new text begin continued request for unemployment benefits by the method designated if the applicant new text end 90.4 new text begin was aware of the inability and did not make diligent effort to have the method of filing a new text end 90.5 new text begin continued request changed by the commissioner. "Good cause" does not include having new text end 90.6 new text begin previously made an attempt to file a continued request for unemployment benefits but new text end 90.7 new text begin where the communication was not considered a continued request because the applicant new text end 90.8 new text begin failed to submit all required information. new text end 90.9    Sec. 29. Minnesota Statutes 2008, section 268.095, subdivision 10, is amended to read: 90.10    Subd. 10. Ineligibility duration. (a) Ineligibility from the payment of all 90.11unemployment benefits under subdivisions 1 and 4 is for the duration of the applicant's 90.12unemployment and until the end of the calendar week that the applicant had total earnings 90.13in subsequent covered employment of eight times the applicant's weekly unemployment 90.14benefit amount. 90.15    (b) Ineligibility imposed under subdivisions 1 and 4 begins on the Sunday of the 90.16week that the applicant became separated from employment. 90.17    (c) In addition to paragraph (a), if the applicant was discharged from employment 90.18because of aggravated employment misconduct, wage credits from that employment are 90.19canceled new text begin and cannot be used for purposes of a benefit account under section 268.07, new text end 90.20 new text begin subdivision 2 new text end . 90.21    Sec. 30. Minnesota Statutes 2008, section 268.095, subdivision 11, is amended to read: 90.22    Subd. 11. Application. (a) new text begin This section and new text end section 268.085, subdivision 13c, 90.23and this section apply to all covered employment, full time or part time, temporary or of 90.24limited duration, permanent or of indefinite duration, that occurred in Minnesota during 90.25the base period, the period between the end of the base period and the effective date of the 90.26benefit account, or the benefit year, except as provided for in subdivision 1, clause (5). 90.27    (b) Paragraph (a) also applies to employment covered under an unemployment 90.28insurance program of any other state or established by an act of Congress. 90.29    Sec. 31. Minnesota Statutes 2008, section 268.101, subdivision 1, is amended to read: 90.30    Subdivision 1. Notification. (a) In an application for unemployment benefits, each 90.31applicant must report the name and the reason for no longer working for the applicant's 90.32most recent employer, as well as the names of all employers and the reasons for no 90.33longer working for all employers during the six calendar months before the date of the 91.1application. If the reason reported for no longer working for any of those employers is 91.2other than a layoff because of lack of work, that raises an issue of ineligibility that the 91.3department must determine. An applicant must report any offers of employment refused 91.4during the eight calendar weeks before the date of the application for unemployment 91.5benefits and the name of the employer that made the offer. An applicant's failure to report 91.6the name of an employer, or giving an incorrect reason for no longer working for an 91.7employer, or failing to disclose an offer of employment that was refused, is a violation of 91.8section 268.182, subdivision 2. 91.9    In an application, the applicant must also provide all information necessary to 91.10determine the applicant's eligibility for unemployment benefits under this chapter. If the 91.11applicant fails or refuses to provide information necessary to determine the applicant's 91.12eligibility for unemployment benefits, the applicant is ineligible for unemployment 91.13benefits under section 268.085, subdivision 2, until the applicant provides this required 91.14information. 91.15    (b) Upon establishment of a benefit account under section 268.07, subdivision 2, 91.16the commissioner shall notify, by mail or electronic transmission, all employers the 91.17applicant was required to report on the application and all base period employers and 91.18determined successors to those employers under section 268.051, subdivision 4, in order 91.19to provide the employer an opportunity to raise, in a manner and format prescribed by the 91.20commissioner, any issue of ineligibility. An employer must be informed of the effect that 91.21failure to raise an issue of ineligibility as a result of a quit or discharge of the applicant, 91.22within ten calendar days after sending of the notice, as provided for under subdivision 2, 91.23paragraph (b), may have on the employer under section 268.047. 91.24    (c) Each applicant must report any employment, and loss of employment, and offers 91.25of employment refused, during those weeks the applicant filed continued requests for 91.26unemployment benefits under section new text begin 268.0865 new text end . Each applicant who stops filing 91.27continued requests during the benefit year and later begins filing continued requests during 91.28that same benefit year must report the name of any employer the applicant worked for 91.29during the period between the filing of continued requests and the reason the applicant 91.30stopped working for the employer. The applicant must report any offers of employment 91.31refused during the period between the filing of continued requests for unemployment 91.32benefits. Those employers from which the applicant has reported a loss of employment 91.33under this paragraph must be notified by mail or electronic transmission and provided an 91.34opportunity to raise, in a manner prescribed by the commissioner, any issue of ineligibility. 91.35An employer must be informed of the effect that failure to raise an issue of ineligibility as 92.1a result of a quit or a discharge of the applicant may have on the employer under section 92.2268.047 . 92.3    (d) The purpose for requiring the applicant to report the name of employers and the 92.4reason for no longer working for those employers, or offers of employment refused, under 92.5paragraphs (a) and (c) is for the commissioner to obtain information from an applicant 92.6raising all issues that may result in the applicant being ineligible for unemployment 92.7benefits under section 268.095, because of a quit or discharge, or the applicant being 92.8ineligible for unemployment benefits under section 268.085, subdivision 13c. If the 92.9reason given by the applicant for no longer working for an employer is other than a layoff 92.10because of lack of work, that raises an issue of ineligibility and the applicant is required, 92.11as part of the determination process under subdivision 2, paragraph (a), to state all the 92.12facts about the cause for no longer working for the employer, if known. If the applicant 92.13fails or refuses to provide any required information, the applicant is ineligible for 92.14unemployment benefits under section 268.085, subdivision 2, until the applicant provides 92.15this required information. 92.16    Sec. 32. Minnesota Statutes 2008, section 268.101, subdivision 2, is amended to read: 92.17    Subd. 2. Determination. (a) The commissioner shall new text begin must new text end determine any issue 92.18of ineligibility raised by information required from an applicant under subdivision 1, 92.19paragraph (a) or (c), and send to the applicant and any involved employer, by mail or 92.20electronic transmission, a new text begin document titled a new text end determination of eligibility or a determination 92.21of ineligibility, as is appropriate. The determination on an issue of ineligibility as a result 92.22of a quit or a discharge of the applicant must state the effect on the employer under section 92.23268.047 . A determination must be made in accordance with this paragraph even if a 92.24notified employer has not raised the issue of ineligibility. 92.25    (b) The commissioner shall new text begin must new text end determine any issue of ineligibility raised by an 92.26employer and send to the applicant and that employer, by mail or electronic transmission, 92.27a new text begin document titled a new text end determination of eligibility or a determination of ineligibility as is 92.28appropriate. The determination on an issue of ineligibility as a result of a quit or discharge 92.29of the applicant must state the effect on the employer under section 268.047. 92.30    If a base period employer: 92.31    (1) was not the applicant's most recent employer before the application for 92.32unemployment benefits; 92.33    (2) did not employ the applicant during the six calendar months before the 92.34application for unemployment benefits; and 93.1    (3) did not raise an issue of ineligibility as a result of a quit or discharge of the 93.2applicant within ten calendar days of notification under subdivision 1, paragraph (b); 93.3then any exception under section 268.047, subdivisions 2 and 3, begins the Sunday two 93.4weeks following the week that the issue of ineligibility as a result of a quit or discharge of 93.5the applicant was raised by the employer. 93.6    A communication from an employer must specifically set out why the applicant 93.7should be determined ineligible for unemployment benefits for that communication to be 93.8considered to have raised an issue of ineligibility for purposes of this section. A statement 93.9of "protest" or a similar term without more information does not constitute raising an issue 93.10of ineligibility for purposes of this section. 93.11    (c) new text begin Subject to section 268.031, new text end an issue of ineligibility is determined based upon 93.12that information required of an applicant, any information that may be obtained from an 93.13applicant or employer, and information from any other source, without regard to any 93.14burden of proof. 93.15    (d) Regardless of the requirements of this subdivision, the commissioner is not 93.16required to send to an applicant a copy of the determination where the applicant has 93.17satisfied a period of ineligibility because of a quit or a discharge under section 268.095, 93.18subdivision 10 . 93.19    (e) The commissioner may issue a determination on an issue of ineligibility at any 93.20time within 24 months from the establishment of a benefit account based upon information 93.21from any source, even if the issue of ineligibility was not raised by the applicant or an 93.22employer. This paragraph does not prevent the imposition of a penalty new text begin on an applicant new text end 93.23under section 268.18, subdivision 2, or 268.182. 93.24    (f) A determination of eligibility or determination of ineligibility is final unless an 93.25appeal is filed by the applicant or notified employer within 20 calendar days after sending. 93.26The determination must contain a prominent statement indicating the consequences of not 93.27appealing. Proceedings on the appeal are conducted in accordance with section 268.105. 93.28    (g) An issue of ineligibility required to be determined under this section includes 93.29any question regarding the denial or allowing of unemployment benefits under this chapter 93.30except for issues under section 268.07. An issue of ineligibility for purposes of this section 93.31includes any question of effect on an employer under section 268.047. 93.32    (h) Except for issues of ineligibility as a result of a quit or discharge of the applicant, 93.33the employer will be (1) sent a copy of the determination of eligibility or a determination 93.34of ineligibility, or (2) considered an involved employer for purposes of an appeal under 93.35section 268.105, only if the employer raised the issue of ineligibility. 94.1    Sec. 33. Minnesota Statutes 2008, section 268.103, subdivision 1, is amended to read: 94.2    Subdivision 1. In commissioner's discretion. new text begin (a) new text end The commissioner shall have 94.3the discretion to new text begin may new text end allow an appeal to be filed by electronic transmission. If the 94.4commissioner allows an appeal to be filed by electronic transmission, that must be clearly 94.5set out on the determination or decision subject to appeal. 94.6     new text begin (b) new text end The commissioner may restrict the manner, new text begin and new text end format, and conditions under 94.7which an appeal by electronic transmission may be filed. Any Restrictions as to days, 94.8hours, new text begin a specific new text end telephone number, new text begin or new text end electronic address, or other conditions, must be 94.9clearly set out on the determination or decision subject to appeal. 94.10     new text begin (c) new text end All information requested by the commissioner when an appeal is filed by 94.11electronic transmission must be supplied or the communication does not constitute an 94.12appeal. 94.13 new text begin (d) Subject to subdivision 2, this section applies to requests for reconsideration new text end 94.14 new text begin under section 268.105, subdivision 2. new text end 94.15    Sec. 34. Minnesota Statutes 2008, section 268.105, subdivision 1, is amended to read: 94.16    Subdivision 1. Evidentiary hearing by unemployment law judge. (a) Upon 94.17a timely appeal having been filed, the department must send, by mail or electronic 94.18transmission, a notice of appeal to all involved parties that an appeal has been filed, new text begin and new text end 94.19that a de novo due process evidentiary hearing will be scheduled, and that the parties 94.20have certain new text begin . The notice must set out the parties' new text end rights and responsibilities regarding the 94.21hearing. new text begin The notice must explain that the facts will be determined by the unemployment new text end 94.22 new text begin law judge based upon a preponderance of the evidence. The notice must explain in clear new text end 94.23 new text begin and simple language the meaning of the term "preponderance of the evidence." new text end The 94.24department must set a time and place for a de novo due process evidentiary hearing and 94.25send notice to any involved applicant and any involved employer, by mail or electronic 94.26transmission, not less than ten calendar days before the date of the hearing. 94.27    (b) The evidentiary hearing is conducted by an unemployment law judge without 94.28regard to any burden of proof as an evidence gathering inquiry and not an adversarial 94.29proceeding. new text begin At the beginning of the hearing the unemployment law judge must fully new text end 94.30 new text begin explain how the hearing will be conducted, that the applicant has the right to request new text end 94.31 new text begin that the hearing be rescheduled so that documents or witnesses can be subpoenaed, new text end 94.32 new text begin that the facts will be determined based on a preponderance of the evidence, and, in new text end 94.33 new text begin clear and simple language, the meaning of the term "preponderance of the evidence." new text end 94.34The unemployment law judge must ensure that all relevant facts are clearly and fully 94.35developed. The department may adopt rules on evidentiary hearings. The rules need 95.1not conform to common law or statutory rules of evidence and other technical rules of 95.2procedure. The department has discretion regarding the method by which the evidentiary 95.3hearing is conducted. A report of any employee of the department, except a determination, 95.4made in the regular course of the employee's duties, is competent evidence of the facts 95.5contained in it. new text begin An affidavit or written statement based on personal knowledge and signed new text end 95.6 new text begin under penalty of perjury is competent evidence of the facts contained in it; however, the new text end 95.7 new text begin veracity of statements contained within the document or the credibility of the witness new text end 95.8 new text begin making the statement may be disputed with other documents or testimony and production new text end 95.9 new text begin of such documents or testimony may be compelled by subpoena. new text end 95.10    (c) After the conclusion of the hearing, upon the evidence obtained, the 95.11unemployment law judge must make findings of fact and decision and send those, by mail 95.12or electronic transmission, to all involved parties. When the credibility of an involved 95.13party or witness testifying in an evidentiary hearing has a significant effect on the outcome 95.14of a decision, the unemployment law judge must set out the reason for crediting or 95.15discrediting that testimony. The unemployment law judge's decision is final unless a 95.16request for reconsideration is filed under subdivision 2. 95.17    (d) Regardless of paragraph (c), if the appealing party fails to participate in the 95.18evidentiary hearing, the unemployment law judge has the discretion to dismiss the appeal 95.19by summary order. By failing to participate, the appealing party is considered to have 95.20failed to exhaust available administrative remedies unless the appealing party files a 95.21request for reconsideration under subdivision 2 and establishes good cause for failing to 95.22participate in the evidentiary hearing under subdivision 2, paragraph (d). Submission 95.23of a written statement does not constitute participation. The applicant must participate 95.24personally and appearance solely by a representative does not constitute participation. 95.25    (e) Only employees of the department who are attorneys licensed to practice law 95.26in Minnesota may serve as new text begin the chief unemployment law judge, senior unemployment new text end 95.27 new text begin law judges who are supervisors, or new text end unemployment law judges. The commissioner 95.28 new text begin must designate a chief unemployment law judge. The chief unemployment law judge new text end 95.29may transfer to another unemployment law judge any proceedings pending before an 95.30unemployment law judge. 95.31    Sec. 35. Minnesota Statutes 2008, section 268.105, subdivision 2, is amended to read: 95.32    Subd. 2. Request for reconsideration. (a) Any involved applicant, involved 95.33employer, or the commissioner may, within 20 calendar days of the sending of the 95.34unemployment law judge's decision under subdivision 1, file a request for reconsideration 95.35asking the unemployment law judge to reconsider that decision. Section 268.103 applies 96.1to a request for reconsideration. If a request for reconsideration is timely filed, the 96.2unemployment law judge must issue an order: 96.3    (1) modifying the findings of fact and decision issued under subdivision 1; 96.4    (2) setting aside the findings of fact and decision issued under subdivision 1 and 96.5directing that an additional evidentiary hearing be conducted under subdivision 1; or 96.6    (3) affirming the findings of fact and decision issued under subdivision 1. 96.7    (b) Upon a timely request for reconsideration having been filed, the department must 96.8send a notice, by mail or electronic transmission, to all involved parties that a request for 96.9reconsideration has been filed. The notice must inform the involved parties: 96.10    (1) of the opportunity to provide comment on the request for reconsideration, and 96.11the right under subdivision 5 to obtain a copy of any recorded testimony and exhibits 96.12offered or received into evidence at the evidentiary hearing; 96.13    (2) that providing specific comments as to a perceived factual or legal error in the 96.14decision, or a perceived error in procedure during the evidentiary hearing, will assist the 96.15unemployment law judge in deciding the request for reconsideration; 96.16    (3) of the right to obtain any comments and submissions provided by the other 96.17involved party regarding the request for reconsideration; and 96.18    (4) of the provisions of paragraph (c) regarding additional evidence. 96.19This paragraph does not apply if paragraph (d) is applicable. 96.20    (c) In deciding a request for reconsideration, the unemployment law judge must not, 96.21except for purposes of determining whether to order an additional evidentiary hearing, 96.22consider any evidence that was not submitted at the evidentiary hearing conducted under 96.23subdivision 1. 96.24    The unemployment law judge must order an additional evidentiary hearing if an 96.25involved party shows that evidence which was not submitted at the evidentiary hearing: 96.26(1) would likely change the outcome of the decision and there was good cause for not 96.27having previously submitted that evidence; or (2) would show that the evidence that was 96.28submitted at the evidentiary hearing was likely false and that the likely false evidence had 96.29an effect on the outcome of the decision. 96.30    (d) If the involved applicant or involved employer who filed the request for 96.31reconsideration failed to participate in the evidentiary hearing conducted under subdivision 96.321, an order setting aside the findings of fact and decision and directing that an additional 96.33evidentiary hearing be conducted must be issued if the party who failed to participate had 96.34good cause for failing to do so. In the notice that a request for reconsideration has been 96.35filed, the party who failed to participate must be informed of the requirement, and provided 96.36the opportunity, to show good cause for failing to participate. If the unemployment 97.1law judge determines that good cause for failure to participate has not been shown, the 97.2unemployment law judge must state that in the order issued under paragraph (a). 97.3    Submission of a written statement at the evidentiary hearing under subdivision 1 97.4does not constitute participation for purposes of this paragraph. 97.5    All involved parties must be informed of this paragraph with the notice of appeal 97.6and notice of hearing provided for in subdivision 1. 97.7    "Good cause" for purposes of this paragraph is a reason that would have prevented a 97.8reasonable person acting with due diligence from participating at the evidentiary hearing. 97.9    (e) A request for reconsideration must be decided by the unemployment law judge 97.10who issued the findings of fact and decision under subdivision 1 unless that unemployment 97.11law judge: (1) is no longer employed by the department; (2) is on an extended or indefinite 97.12leave; (3) has been disqualified from the proceedings on the judge's own motion; or (4) 97.13has been removed from the proceedings as provided for under subdivision 1 or applicable 97.14rule new text begin by the chief unemployment law judge new text end . 97.15    (f) The unemployment law judge must send to any involved applicant or involved 97.16employer, by mail or electronic transmission, the order issued under this subdivision. An 97.17order modifying the previously issued findings of fact and decision or an order affirming 97.18the previously issued findings of fact and decision is the final department decision on the 97.19matter and is final and binding on the involved applicant and involved employer unless 97.20judicial review is sought under subdivision 7. 97.21    Sec. 36. Minnesota Statutes 2008, section 268.105, subdivision 3a, is amended to read: 97.22    Subd. 3a. Decisions. (a) If an unemployment law judge's decision or order 97.23allows unemployment benefits to an applicant, the unemployment benefits must be paid 97.24regardless of any request for reconsideration or any appeal to the Minnesota Court of 97.25Appeals having been filed. 97.26    (b) If an unemployment law judge's decision or order modifies or reverses a 97.27determination, or prior decision of the unemployment law judge, allowing unemployment 97.28benefits to an applicant, any benefits paid in accordance with the determination, or 97.29prior decision of the unemployment law judge, is considered an overpayment of those 97.30unemployment benefits. A decision or order issued under this section that results in an 97.31overpayment of unemployment benefits must set out the amount of the overpayment and 97.32the requirement under section 268.18, subdivision 1, that the overpaid unemployment 97.33benefits must be repaid. 97.34    (c) If an unemployment law judge's order under subdivision 2 allows unemployment 97.35benefits to an applicant under section 268.095 because of a quit or discharge and the 98.1unemployment law judge's decision is reversed by the Minnesota Court of Appeals or 98.2the Supreme Court of Minnesota, new text begin the applicant cannot be held ineligible for new text end any new text begin of new text end 98.3 new text begin the new text end unemployment benefits paid the applicant new text begin and it new text end is not considered an overpayment 98.4of those unemployment benefits under section 268.18, subdivision 1. new text begin The effect of the new text end 98.5 new text begin court's reversal is the application of section 268.047, subdivision 3, in computing the new text end 98.6 new text begin future tax rate of the employer. new text end 98.7    (d) If an unemployment law judge, under subdivision 2, orders the taking of 98.8additional evidence, the unemployment law judge's prior decision must continue to be 98.9enforced until new findings of fact and decision are made by the unemployment law judge. 98.10    Sec. 37. Minnesota Statutes 2008, section 268.105, subdivision 4, is amended to read: 98.11    Subd. 4. Oaths; subpoenas. An unemployment law judge has authority to 98.12administer oaths and affirmations, take depositions, and issue subpoenas to compel the 98.13attendance of witnesses and the production of documents and other personal property 98.14considered necessary as evidence in connection with the subject matter of an evidentiary 98.15hearing. 98.16 new text begin The unemployment law judge must give full consideration to a request for a new text end 98.17 new text begin subpoena and must not unreasonably deny a request for a subpoena. If a subpoena request new text end 98.18 new text begin is initially denied, the unemployment law judge must, on the unemployment law judge's new text end 98.19 new text begin own motion, reconsider that request during the evidentiary hearing and rule on whether new text end 98.20 new text begin the request was properly denied. If the request was not properly denied, the evidentiary new text end 98.21 new text begin hearing must be continued for issuance of the subpoena. new text end The subpoenas are enforceable 98.22through the district court in Ramsey County. Witnesses subpoenaed, other than an involved 98.23applicant or involved employer or officers and employees of an involved employer, must 98.24be paid by the department the same witness fees as in a civil action in district court. 98.25    Sec. 38. Minnesota Statutes 2008, section 268.105, subdivision 5, is amended to read: 98.26    Subd. 5. Use of evidence; data privacy. (a) All testimony at any evidentiary 98.27hearing conducted under subdivision 1 must be recorded. A copy of any recorded 98.28testimony and exhibits offered or received into evidence at the hearing must, upon 98.29request, be furnished to a party at no cost during the time period for filing a request for 98.30reconsideration or while a request for reconsideration is pending. 98.31    (b) Regardless of any provision of law to the contrary, if recorded testimony and 98.32exhibits received into evidence at the evidentiary hearing are not requested during the time 98.33period for filing a request for reconsideration, or while a request for reconsideration is 98.34pending, new text begin during the time for filing any appeal under subdivision 7, or during the pendency new text end 99.1 new text begin thereof, new text end that testimony and other evidence may later be made available only under a 99.2district court order. A subpoena is not considered a district court order. 99.3    (c) Testimony obtained under subdivision 1, may not be used or considered for any 99.4purpose, including impeachment, in any civil, administrative, or contractual proceeding, 99.5except by a local, state, or federal human rights agency with enforcement powers, unless 99.6the proceeding is initiated by the department. 99.7    Sec. 39. Minnesota Statutes 2008, section 268.115, subdivision 5, is amended to read: 99.8    Subd. 5. Maximum amount of extended unemployment benefits. The maximum 99.9amount of extended unemployment benefits available to an applicant is 50 percent of the 99.10maximum amount of regular unemployment benefits available in the benefit year, rounded 99.11down to the next lower whole dollar. If the total rate of unemployment computed under 99.12subdivision 1, clause (2)(ii), equaled or exceeded eight percent, the maximum amount 99.13of extended unemployment benefits available is 80 percent of the maximum amount of 99.14regular unemployment benefits available in the benefit year. 99.15    Sec. 40. Minnesota Statutes 2008, section 268.125, subdivision 5, is amended to read: 99.16    Subd. 5. Maximum amount of unemployment benefits. The maximum amount 99.17of additional unemployment benefits available in the applicant's benefit year is one-half 99.18of the applicant's maximum amount of regular unemployment benefits available under 99.19section 268.07, subdivision 2, rounded down to the next lower whole dollar. Extended 99.20unemployment benefits paid and unemployment benefits paid under any federal law other 99.21than regular unemployment benefits must be deducted from the maximum amount of 99.22additional unemployment benefits available. 99.23    Sec. 41. Minnesota Statutes 2008, section 268.135, subdivision 4, is amended to read: 99.24    Subd. 4. Weekly benefit amount. (a) An applicant who is eligible for shared work 99.25benefits is paid an amount equal to the regular weekly unemployment benefit amount 99.26multiplied by the nearest full percentage of reduction of the applicant's regular weekly 99.27hours of work as set in the plan. The benefit payment, if not a whole dollar must be 99.28rounded down to the next lower whole dollar. 99.29    (b) The deductible earnings provisions of section 268.085, subdivision 5, must not 99.30apply to earnings from the shared work employer of an applicant eligible for shared work 99.31benefits unless the resulting amount would be less than the regular weekly unemployment 99.32benefit amount the applicant would otherwise be eligible for without regard to shared 99.33work benefits. 100.1    (c) An applicant is not eligible for shared work benefits for any week that 100.2employment is performed for the shared work employer in excess of the reduced hours 100.3set forth in the plan. 100.4    Sec. 42. Minnesota Statutes 2008, section 268.145, subdivision 1, is amended to read: 100.5    Subdivision 1. Notification. (a) Upon filing an application for unemployment 100.6benefits, the applicant must be informed that: 100.7    (1) unemployment benefits are subject to federal and state income tax; 100.8    (2) there are requirements for filing estimated tax payments; 100.9    (3) the applicant may elect to have federal income tax withheld from unemployment 100.10benefits; 100.11    (4) if the applicant elects to have federal income tax withheld, the applicant may, in 100.12addition, elect to have Minnesota state income tax withheld; and 100.13    (5) at any time during the benefit year the applicant may change a prior election. 100.14    (b) If an applicant elects to have federal income tax withheld, the commissioner 100.15shall new text begin must new text end deduct ten percent for federal income tax, rounded down to the next lower 100.16whole dollar. If an applicant also elects to have Minnesota state income tax withheld, the 100.17commissioner shall new text begin must new text end make an additional five percent deduction for state income 100.18tax, rounded down to the next lower whole dollar. Any amounts deducted or offset under 100.19sections 268.155, 268.18, and 268.184 have priority over any amounts deducted under this 100.20section. Federal income tax withholding has priority over state income tax withholding. 100.21    (c) An election to have income tax withheld may not be retroactive and only applies 100.22to unemployment benefits paid after the election. 100.23    Sec. 43. Minnesota Statutes 2008, section 268.18, subdivision 1, is amended to read: 100.24    Subdivision 1. Nonfraud overpayment. (a) Any applicant who (1) because of a 100.25determination or amended determination issued under section 268.07 or 268.101, or any 100.26other section of this chapter, or (2) because of an appeal decision or order under section 100.27268.105 , has received any unemployment benefits that the applicant was held not entitled 100.28to, must promptly repay the unemployment benefits to the trust fund. 100.29    (b) If the applicant fails to repay the unemployment benefits overpaid, the 100.30commissioner may offset from any future unemployment benefits otherwise payable the 100.31amount of the overpayment. Except when the overpayment resulted because the applicant 100.32failed to report deductible earnings or deductible or benefit delaying payments, no single 100.33offset may exceed 50 percent of the amount of the payment from which the offset is made. 101.1The overpayment may also be collected by the same methods as delinquent payments 101.2from an employer new text begin allowed under state and federal law new text end . 101.3    (c) If an applicant has been overpaid unemployment benefits under the law of 101.4another state, because of a reason other than fraud, and that state certifies that the applicant 101.5is liable under its law to repay the unemployment benefits and requests the commissioner 101.6to recover the overpayment, the commissioner may offset from future unemployment 101.7benefits otherwise payable the amount of overpayment, except that no single offset may 101.8exceed 50 percent of the amount of the payment from which the offset is made. 101.9    (d) If under paragraph (b) or (c) the reduced unemployment benefits as a result of 101.10a 50 percent offset is not a whole dollar amount, it is rounded down to the next lower 101.11whole dollar. 101.12    Sec. 44. Minnesota Statutes 2008, section 268.18, subdivision 2, is amended to read: 101.13    Subd. 2. Overpayment because of fraud. (a) Any applicant who receives 101.14unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose 101.15any material fact, or who makes a false statement or representation without a good faith 101.16belief as to the correctness of the statement or representation, has committed fraud. After 101.17the discovery of facts indicating fraud, the commissioner shall new text begin must new text end make a determination 101.18that the applicant obtained unemployment benefits by fraud and that the applicant must 101.19promptly repay the unemployment benefits to the trust fund. In addition, the commissioner 101.20shall new text begin must new text end assess a penalty equal to 40 percent of the amount fraudulently obtained. This 101.21penalty is in addition to penalties under section 268.182. 101.22    (b) Unless the applicant files an appeal within 20 calendar days after the sending 101.23of the determination of overpayment by fraud to the applicant by mail or electronic 101.24transmission, the determination is final. Proceedings on the appeal are conducted in 101.25accordance with section 268.105. 101.26    (c) If the applicant fails to repay the unemployment benefits, penalty, and interest 101.27assessed, the total due may be collected by the same methods as delinquent payments 101.28from an employer new text begin allowed under state and federal law new text end . A determination of overpayment 101.29by fraud must state the methods of collection the commissioner may use to recover the 101.30overpayment. Money received in repayment of fraudulently obtained unemployment 101.31benefits, penalties, and interest is first applied to the unemployment benefits overpaid, then 101.32to the penalty amount due, then to any interest due. 62.5 percent of the payments made 101.33toward the penalty are credited to the contingent account and 37.5 percent credited to the 101.34administration account for deterring, detecting, or collecting overpayments. 102.1    (d) If an applicant has been overpaid unemployment benefits under the law of 102.2another state because of fraud and that state certifies that the applicant is liable to repay 102.3the unemployment benefits and requests the commissioner to recover the overpayment, 102.4the commissioner may offset from future unemployment benefits otherwise payable the 102.5amount of overpayment. 102.6    (e) Unemployment benefits paid for weeks more than four years before the date of a 102.7determination of overpayment by fraud issued under this subdivision are not considered 102.8overpaid unemployment benefits. 102.9    Sec. 45. Minnesota Statutes 2008, section 268.196, subdivision 1, is amended to read: 102.10    Subdivision 1. Administration account. (a) There is created in the state treasury a 102.11special account to be known as the administration account. All money that is deposited 102.12or paid into this account is continuously available to the commissioner for expenditure to 102.13administer the Minnesota unemployment insurance program, and does not lapse at any 102.14time. The administration account consists of: 102.15    (1) all money received from the federal government to administer the Minnesota 102.16unemployment insurance program new text begin , any federal unemployment insurance program, or new text end 102.17 new text begin assistance provided to any other state to administer that state's unemployment insurance new text end 102.18 new text begin program new text end ; 102.19    (2) five percent of any money recovered on overpaid unemployment benefits as 102.20provided for in section 268.194, subdivision 1, clause (7), which must be used for 102.21deterring, detecting, and collecting overpaid unemployment benefits; 102.22    (3) any money received as compensation for services or facilities supplied to the 102.23federal government or any other state; 102.24    (4) new text begin any money credited to this account under this chapter; new text end 102.25 new text begin (5) new text end any amounts received for losses sustained by this account or by reason of 102.26damage to equipment or supplies; and 102.27    (5) new text begin (6) new text end any proceeds from the sale or disposition of any equipment or supplies that 102.28may no longer be necessary for the proper administration of those sections. 102.29    (b) All money in this account must be deposited, administered, and disbursed in the 102.30same manner and under the same conditions and requirements as are provided by law for 102.31the other special accounts in the state treasury. The commissioner of finance, as treasurer 102.32and custodian of this account, is liable for the faithful performance of duties in connection 102.33with this account. 103.1    (c) All money in this account must be spent for the purposes and in the amounts 103.2found necessary by the United States Secretary of Labor for the proper and efficient 103.3administration of the Minnesota unemployment insurance program. 103.4    Sec. 46. Minnesota Statutes 2008, section 268.196, subdivision 2, is amended to read: 103.5    Subd. 2. State to replace money wrongfully used. If any money received under 103.6United States Code, title 42, section 501 of the Social Security Act or the Wagner-Peyser 103.7Act, is found by the United States Secretary of Labor to have been spent for purposes 103.8other than, or in amounts in excess of, those necessary for the proper administration of the 103.9Minnesota unemployment insurance program, the commissioner may replace the money 103.10from the contingent account. If the money is not replaced from the contingent account, 103.11it is the policy of this state that the money be replaced by money appropriated for that 103.12purpose from the general funds of this state. If not replaced from the contingent account, 103.13the commissioner shall new text begin must new text end , at the earliest opportunity, submit to the legislature a request 103.14for the appropriation of that amount. 103.15    Sec. 47. Minnesota Statutes 2008, section 268.199, is amended to read: 103.16268.199 CONTINGENT ACCOUNT. 103.17    (a) There is created in the state treasury a special account, to be known as the 103.18contingent account, that does not lapse nor revert to any other fund or account. This 103.19account consists of all money appropriated by the legislature, all money collected under 103.20this chapter that is required to be placed in this account, and any interest earned on the 103.21account. All money in this account is supplemental to all federal money available to the 103.22commissioner. Money in this account is appropriated to the commissioner and is available 103.23to the commissioner for administration of the Minnesota unemployment insurance 103.24program new text begin unless otherwise appropriated by session law new text end . 103.25    (b) All money in this account must be deposited, administered, and disbursed in the 103.26same manner and under the same conditions and requirements as is provided by law for 103.27the other special accounts in the state treasury. On June 30 of each year, all amounts in 103.28excess of $300,000 in this account must be paid over to the trust fund. 103.29    Sec. 48. Minnesota Statutes 2008, section 268.211, is amended to read: 103.30268.211 UNEMPLOYMENT INSURANCE BENEFITS TELEPHONE 103.31SYSTEM. 103.32The commissioner must ensure that the new text begin any automated new text end telephone system used 103.33for unemployment insurance benefits provides an option for any caller to speak to an 104.1unemployment insurance specialist. An individual who calls any of the publicized 104.2telephone numbers seeking information about applying for new text begin unemployment new text end benefits or on 104.3the status of a claim new text begin benefit account new text end must have the option to speak on the telephone to a 104.4specialist who can provide direct assistance or can direct the caller to the person new text begin individual new text end 104.5or office that is able to respond to the caller's needs. 104.6    Sec. 49. new text begin UNEMPLOYMENT LAW JUDGES. new text end 104.7 new text begin It is in the public interest, as well as the interest of applicants and employees, that new text end 104.8 new text begin an unemployment law judge conducting contested unemployment insurance hearings new text end 104.9 new text begin should be an experienced attorney with a background in civil, criminal, or administrative new text end 104.10 new text begin proceedings. An unemployment law judge should have a level of skill equal to that of a new text end 104.11 new text begin workers' compensation judge. In order to recruit and retain individuals with the appropriate new text end 104.12 new text begin skills, the pay of an unemployment law judge should be commensurate with that of a new text end 104.13 new text begin workers' compensation judge, but should also take into account the less formal nature of new text end 104.14 new text begin an unemployment insurance hearing. Before October 1, 2009, the commissioner of finance new text end 104.15 new text begin is directed, in consultation with the deputy commissioner of employment and economic new text end 104.16 new text begin development and the chief unemployment law judge, to determine and implement the new text end 104.17 new text begin appropriate pay level, with no more than two pay steps, for unemployment law judges, new text end 104.18 new text begin giving consideration only to the pay level provided to workers' compensation judges, but new text end 104.19 new text begin taking into account the less formal nature of an unemployment insurance hearing. new text end 104.20    Sec. 50. new text begin REVISOR'S INSTRUCTION. new text end 104.21 new text begin In Minnesota Statutes, chapter 268, the revisor shall change "shall" to "must," except new text end 104.22 new text begin in Minnesota Statutes, sections 268.035 and 268.103. new text end 104.23    Sec. 51. new text begin REPEALER. new text end 104.24 new text begin Minnesota Statutes 2008, sections 268.085, subdivision 14; and 268.086, new text end 104.25 new text begin subdivisions 1, 2, 3, 5, 6, 7, 8, and 9, new text end new text begin are repealed. new text end 104.26    Sec. 52. new text begin EFFECTIVE DATE. new text end 104.27 new text begin Sections 1 to 48 and 50 are effective August 2, 2009, and apply to all department new text end 104.28 new text begin determinations and unemployment law judge decisions issued on or after that date. new text end 105.1ARTICLE 5 105.2LABOR STANDARDS AND WAGES; LICENSING AND FEES 105.3    Section 1. Minnesota Statutes 2008, section 16C.28, is amended by adding a 105.4subdivision to read: 105.5     new text begin Subd. 6. new text end new text begin Contract awards. new text end new text begin When prevailing wage laws apply, an agency shall not new text end 105.6 new text begin be liable for costs under section 177.43, subdivision 3, if it has included language in its new text end 105.7 new text begin contracts which requires vendors and contractors to comply with prevailing wage laws new text end 105.8 new text begin and the contract also contains the following elements: new text end 105.9 new text begin (1) a description of the prevailing wage laws and a citation to relevant statutes; new text end 105.10 new text begin (2) contact details for further information from the Department of Labor and new text end 105.11 new text begin Industry; and new text end 105.12 new text begin (3) a statement of contractor and subcontractor liability for failure to adhere to new text end 105.13 new text begin prevailing wage laws. new text end 105.14    Sec. 2. Minnesota Statutes 2008, section 177.27, subdivision 4, is amended to read: 105.15    Subd. 4. Compliance orders. The commissioner may issue an order requiring an 105.16employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, 105.17181.101 , 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, 181.275, subdivision 2a, and 105.18181.79 , or with any rule promulgated under section 177.28. new text begin The commissioner shall new text end 105.19 new text begin issue an order requiring an employer to comply with sections 177.41 to 177.435 if the new text end 105.20 new text begin violation is repeated. For purposes of this subdivision only, a violation is repeated if new text end 105.21 new text begin at any time during the two years that preceded the date of violation, the commissioner new text end 105.22 new text begin issued an order to the employer for violation of sections 177.41 to 177.435 and the order new text end 105.23 new text begin is final or the commissioner and the employer have entered into a settlement agreement new text end 105.24 new text begin that required the employer to pay back wages that were required by sections 177.41 to new text end 105.25 new text begin 177.435. new text end The department shall serve the order upon the employer or the employer's 105.26authorized representative in person or by certified mail at the employer's place of business. 105.27An employer who wishes to contest the order must file written notice of objection to the 105.28order with the commissioner within 15 calendar days after being served with the order. 105.29A contested case proceeding must then be held in accordance with sections 14.57 to 105.3014.69 . If, within 15 calendar days after being served with the order, the employer fails 105.31to file a written notice of objection with the commissioner, the order becomes a final 105.32order of the commissioner. 106.1    Sec. 3. Minnesota Statutes 2008, section 177.30, is amended to read: 106.2177.30 KEEPING RECORDS; PENALTY. 106.3    (a) Every employer subject to sections 177.21 to 177.44 must make and keep a 106.4record of: 106.5    (1) the name, address, and occupation of each employee; 106.6    (2) the rate of pay, and the amount paid each pay period to each employee; 106.7    (3) the hours worked each day and each workweek by the employee; 106.8    (4) for each employer subject to sections 177.41 to 177.44, and while performing 106.9work on public works projects funded in whole or in part with state funds, the new text begin employer new text end 106.10 new text begin shall furnish under oath signed by an owner or officer of an employer to the contracting new text end 106.11 new text begin authority and the project owner every two weeks, a certified payroll report with respect new text end 106.12 new text begin to the wages and benefits paid each employee during the preceding weeks specifying for new text end 106.13 new text begin each employee: name; identifying number; new text end prevailing wage master job classification 106.14of each employee working on the project for each hour new text begin ; hours new text end worked new text begin each day; total new text end 106.15 new text begin hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net new text end 106.16 new text begin pay for week; dollars contributed per hour for each benefit, including name and address new text end 106.17 new text begin of administrator; benefit account number; and telephone number for health and welfare, new text end 106.18 new text begin vacation or holiday, apprenticeship training, pension, and other benefit programs new text end ; and 106.19    (5) other information the commissioner finds necessary and appropriate to enforce 106.20sections 177.21 to new text begin 177.435 new text end . The records must be kept for three years in or near the 106.21premises where an employee works except each employer subject to sections 177.41 to 106.22177.44 , and while performing work on public works projects funded in whole or in part 106.23with state funds, the records must be kept for three years after the contracting authority 106.24has made final payment on the public works project. 106.25    (b) The commissioner may fine an employer up to $1,000 for each failure to 106.26maintain records as required by this section. This penalty is in addition to any penalties 106.27provided under section 177.32, subdivision 1. In determining the amount of a civil penalty 106.28under this subdivision, the appropriateness of such penalty to the size of the employer's 106.29business and the gravity of the violation shall be considered. 106.30    Sec. 4. Minnesota Statutes 2008, section 177.31, is amended to read: 106.31177.31 POSTING OF LAW AND RULES; PENALTY. 106.32Every employer subject to sections 177.21 to new text begin 177.44 new text end must obtain and keep 106.33a summary of those sections, approved by the department, and copies of any applicable 106.34rules adopted under those sections, or a summary of the rules. The employer must post the 106.35summaries in a conspicuous and accessible place in or about the premises in which any 107.1person covered by sections 177.21 to new text begin 177.44 new text end is employed. The department shall 107.2furnish copies of the summaries and rules to employers without charge. 107.3The commissioner may fine an employer up to $200 for each failure to comply with 107.4this section. This penalty is in addition to any penalties provided by section 177.32, 107.5subdivision 1 . 107.6    Sec. 5. Minnesota Statutes 2008, section 177.32, is amended to read: 107.7177.32 PENALTIES. 107.8    Subdivision 1. Misdemeanors. An employer who does any of the following is 107.9guilty of a misdemeanor: 107.10(1) hinders or delays the commissioner in the performance of duties required under 107.11sections 177.21 to new text begin 177.435 new text end ; 107.12(2) refuses to admit the commissioner to the place of business or employment of the 107.13employer, as required by section 177.27, subdivision 1; 107.14(3) repeatedly fails to make, keep, and preserve records as required by section 107.15177.30 ; 107.16(4) falsifies any record; 107.17(5) refuses to make any record available, or to furnish a sworn statement of the 107.18record or any other information as required by section 177.27; 107.19(6) repeatedly fails to post a summary of sections 177.21 to new text begin 177.44 new text end or a copy 107.20or summary of the applicable rules as required by section 177.31; 107.21(7) pays or agrees to pay wages at a rate less than the rate required under sections 107.22177.21 to new text begin 177.44 new text end ; 107.23(8) refuses to allow adequate time from work as required by section 177.253; or 107.24(9) otherwise violates any provision of sections 177.21 to new text begin 177.44 new text end . 107.25    Subd. 2. Fine. An employer shall be fined not less than $700 nor more than $3,000 107.26if convicted of discharging or otherwise discriminating against any employee because: 107.27(1) the employee has complained to the employer or to the department that wages 107.28have not been paid in accordance with sections 177.21 to new text begin 177.435 new text end ; 107.29(2) the employee has instituted or will institute a proceeding under or related to 107.30sections 177.21 to new text begin 177.435 new text end ; or 107.31(3) the employee has testified or will testify in any proceeding. 107.32    Sec. 6. Minnesota Statutes 2008, section 177.42, subdivision 6, is amended to read: 107.33    Subd. 6. Prevailing wage rate. "Prevailing wage rate" means the hourly basic rate 107.34of pay plus the contribution for health and welfare benefits, vacation benefits, pension 108.1benefits, and any other economic benefit paid to new text begin or for new text end the largest number of workers 108.2engaged in the same class of labor within the area and new text begin for medical or hospital care, new text end 108.3 new text begin pensions on retirement or death, compensation for injuries or illness resulting from new text end 108.4 new text begin occupational activity, or insurance to provide any of the foregoing, for unemployment new text end 108.5 new text begin benefits, life insurance, disability and sickness insurance, or accident insurance, for new text end 108.6 new text begin vacation and holiday pay, for defraying the costs of apprenticeship or other similar new text end 108.7 new text begin programs, or for other bona fide fringe benefits, but only where the contractor or new text end 108.8 new text begin subcontractor is not required by other federal, state, or local law to provide any of those new text end 108.9 new text begin benefits, the amount of: new text end 108.10 new text begin (1) the rate of contribution irrevocably made by a contractor or subcontractor to a new text end 108.11 new text begin trustee or to a third person under a fund, plan, or program; and new text end 108.12 new text begin (2) the rate of costs to the contractor or subcontractor that may be reasonably new text end 108.13 new text begin anticipated in providing benefits to laborers and mechanics pursuant to an enforceable new text end 108.14 new text begin commitment to carry out a financially responsible plan or program which was new text end 108.15 new text begin communicated in writing to the laborers and mechanics affected. new text end 108.16 new text begin "Prevailing wage rate" new text end includes, for the purposes of section 177.44, rental rates for 108.17truck hire paid to those who own and operate the truck. 108.18The prevailing wage rate may not be less than a reasonable and living wage. 108.19    Sec. 7. Minnesota Statutes 2008, section 177.42, is amended by adding a subdivision 108.20to read: 108.21     new text begin Subd. 7. new text end new text begin Employer. new text end new text begin "Employer" means an individual, partnership, association, new text end 108.22 new text begin corporation, business trust, or other business entity that hires a laborer, worker, or new text end 108.23 new text begin mechanic. new text end 108.24    Sec. 8. Minnesota Statutes 2008, section 177.43, subdivision 3, is amended to read: 108.25    Subd. 3. Contract requirements. The contract must specifically state the prevailing 108.26wage rates, prevailing hours of labor, and hourly basic rates of pay. new text begin The contracting new text end 108.27 new text begin authority shall incorporate into its proposals and all contracts the applicable wage new text end 108.28 new text begin determinations for the contract along with contract language provided by the commissioner new text end 108.29 new text begin of labor and industry to notify the contractor and all subcontractors of the applicability of new text end 108.30 new text begin sections 177.41 to 177.44. Failure to incorporate the determination or provided contract new text end 108.31 new text begin language into the contracts shall make the contracting authority liable for making whole new text end 108.32 new text begin the contractor or subcontractor for any increases in the wages paid, including employment new text end 108.33 new text begin taxes and reasonable administrative costs based on the appropriate prevailing wage due to new text end 108.34 new text begin the laborers or mechanics working on the project. new text end The contract must also provide that 109.1the contracting agency shall demand, and the contractor and subcontractor shall furnish 109.2to the contracting agency, copies of any or all payrolls not more than 14 days after the 109.3end of each pay period. The payrolls must contain all the data required by section 177.30. 109.4The contracting authority may examine all records relating to wages paid laborers or 109.5mechanics on work to which sections 177.41 to 177.44 apply. 109.6    Sec. 9. new text begin [181.986] REQUIRED EQUIPMENT AND APPAREL. new text end 109.7     new text begin (a) Notwithstanding any other law or rule to the contrary, a public employer is new text end 109.8 new text begin prohibited from knowingly purchasing or acquiring, furnishing, or requiring an employee new text end 109.9 new text begin to purchase or acquire for wear or use while on duty, any of the following items if the item new text end 109.10 new text begin is not manufactured in the United States of America: new text end 109.11     new text begin (1) any uniform or other item of wearing apparel over which an employee has no new text end 109.12 new text begin discretion in selecting except for selecting the proper size; or new text end 109.13     new text begin (2) safety equipment or protective accessories. new text end 109.14     new text begin (b) Preference must be given to purchases from manufacturers who pay an average new text end 109.15 new text begin annual income, including wages and benefits, equal to at least 150 percent of the federal new text end 109.16 new text begin poverty guideline adjusted for a family size of four. For purposes of this section, "public new text end 109.17 new text begin employer" means a county, home rule charter or statutory city, town, school district, new text end 109.18 new text begin metropolitan or regional agency, public corporation, political subdivision, special district new text end 109.19 new text begin as defined in section 6.465, subdivision 3, municipal fire department, independent new text end 109.20 new text begin nonprofit firefighting corporation, the University of Minnesota, the Minnesota State new text end 109.21 new text begin Colleges and Universities, and the state of Minnesota and its agencies. new text end 109.22     new text begin (c) Notwithstanding paragraph (a), a public employer may purchase or acquire, new text end 109.23 new text begin furnish, or require an employee to purchase or acquire items listed in paragraph (a) new text end 109.24 new text begin manufactured outside of the United States if similar items are not manufactured or new text end 109.25 new text begin available for purchase in the United States. new text end 109.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2010, or upon expiration new text end 109.27 new text begin of valid contracts for such equipment and apparel entered into by public employers prior new text end 109.28 new text begin to June 1, 2009, whichever is later. new text end 109.29    Sec. 10. Minnesota Statutes 2008, section 270.97, is amended to read: 109.30270.97 DEPOSIT OF REVENUES. 109.31The commissioner shall deposit all revenues derived from the tax, interest, and 109.32penalties received from the county in the contaminated site cleanup and development 109.33account in the general fund new text begin and is annually appropriated to the commissioner of the new text end 110.1 new text begin Department of Employment and Economic Development, for the purposes of section new text end 110.2 new text begin 116J.551 new text end . 110.3    Sec. 11. new text begin [326B.153] BUILDING PERMIT FEES. new text end 110.4     new text begin Subdivision 1. new text end new text begin Building permits. new text end new text begin (a) Fees for building permits submitted as new text end 110.5 new text begin required in section 326B.106 include: new text end 110.6 new text begin (1) the fee as set forth in the fee schedule in paragraph (b) or as adopted by a new text end 110.7 new text begin municipality; and new text end 110.8 new text begin (2) the surcharge required by section 326B.148. new text end 110.9 new text begin (b) The total valuation and fee schedule is: new text end 110.10 new text begin (1) $1 to $500, $29.50; new text end 110.11 new text begin (2) $501 to $2,000, $28 for the first $500 plus $3.70 for each additional $100 or new text end 110.12 new text begin fraction thereof, to and including $2,000; new text end 110.13 new text begin (3) $2,001 to $25,000, $83.50 for the first $2,000 plus $16.55 for each additional new text end 110.14 new text begin $1,000 or fraction thereof, to and including $25,000; new text end 110.15 new text begin (4) $25,001 to $50,000, $464.15 for the first $25,000 plus $12 for each additional new text end 110.16 new text begin $1,000 or fraction thereof, to and including $50,000; new text end 110.17 new text begin (5) $50,001 to $100,000, $764.15 for the first $50,000 plus $8.45 for each additional new text end 110.18 new text begin $1,000 or fraction thereof, to and including $100,000; new text end 110.19 new text begin (6) $100,001 to $500,000, $1,186.65 for the first $100,000 plus $6.75 for each new text end 110.20 new text begin additional $1,000 or fraction thereof, to and including $500,000; new text end 110.21 new text begin (7) $500,001 to $1,000,000, $3,886.65 for the first $500,000 plus $5.50 for each new text end 110.22 new text begin additional $1,000 or fraction thereof, to and including $1,000,000; and new text end 110.23 new text begin (8) $1,000,001 and up, $6,636.65 for the first $1,000,000 plus $4.50 for each new text end 110.24 new text begin additional $1,000 or fraction thereof. new text end 110.25 new text begin (c) Other inspections and fees are: new text end 110.26 new text begin (1) inspections outside of normal business hours (minimum charge two hours), new text end 110.27 new text begin $63.25 per hour; new text end 110.28 new text begin (2) reinspection fees, $63.25 per hour; new text end 110.29 new text begin (3) inspections for which no fee is specifically indicated (minimum charge one-half new text end 110.30 new text begin hour), $63.25 per hour; and new text end 110.31 new text begin (4) additional plan review required by changes, additions, or revisions to approved new text end 110.32 new text begin plans (minimum charge one-half hour), $63.25 per hour. new text end 110.33 new text begin (d) If the actual hourly cost to the jurisdiction under paragraph (c) is greater than new text end 110.34 new text begin $63.25, then the greater rate shall be paid. Hourly cost includes supervision, overhead, new text end 110.35 new text begin equipment, hourly wages, and fringe benefits of the employees involved. new text end 111.1     new text begin Subd. 2. new text end new text begin Plan review. new text end new text begin Fees for the review of building plans, specifications, and new text end 111.2 new text begin related documents submitted as required by section 326B.106 must be paid based on 65 new text end 111.3 new text begin percent of the building permit fee required in subdivision 1. new text end 111.4     new text begin Subd. 3. new text end new text begin Surcharge. new text end new text begin Surcharge fees are required for permits issued on all buildings new text end 111.5 new text begin including public buildings and state licensed facilities as required by section 326B.148. new text end 111.6     new text begin Subd. 4. new text end new text begin Distribution. new text end new text begin (a) This subdivision establishes the fee distribution between new text end 111.7 new text begin the state and municipalities contracting for plan review and inspection of public buildings new text end 111.8 new text begin and state licensed facilities. new text end 111.9 new text begin (b) If plan review and inspection services are provided by the state building official, new text end 111.10 new text begin all fees for those services must be remitted to the state. new text end 111.11 new text begin (c) If plan review services are provided by the state building official and inspection new text end 111.12 new text begin services are provided by a contracting municipality: new text end 111.13 new text begin (1) the state shall charge 75 percent of the plan review fee required by the state's new text end 111.14 new text begin fee schedule in subdivision 2; and new text end 111.15 new text begin (2) the municipality shall charge 25 percent of the plan review fee required by the new text end 111.16 new text begin municipality's adopted fee schedule, for orientation to the plans, in addition to the permit new text end 111.17 new text begin and other customary fees charged by the municipality. new text end 111.18 new text begin (d) If plan review and inspection services are provided by the contracting new text end 111.19 new text begin municipality, all fees for those services must be remitted to the municipality in accordance new text end 111.20 new text begin with their adopted fee schedule. new text end 111.21    Sec. 12. Minnesota Statutes 2008, section 326B.33, subdivision 13, is amended to read: 111.22    Subd. 13. Registration of unlicensed individuals. Unlicensed individuals 111.23performing electrical work for a contractor or employer shall register with the department 111.24in the manner prescribed by the commissioner. Experience credit for electrical work 111.25performed in Minnesota after January 1, 2008 new text begin 2009 new text end , by an applicant for a license identified 111.26in this section shall not be granted where the applicant has not registered with or is not 111.27licensed by the department. 111.28    Sec. 13. Minnesota Statutes 2008, section 326B.33, subdivision 19, is amended to read: 111.29    Subd. 19. License, registration, and renewal fees; expiration. (a) Unless 111.30revoked or suspended under this chapter, all licenses issued or renewed under this section 111.31expire on the date specified in this subdivision. Master licenses expire March 1 of each 111.32odd-numbered year after issuance or renewal. Electrical contractor licenses expire March 111.331 of each even-numbered year after issuance or renewal. Technology system contractor 111.34licenses expire August 1 of each even-numbered year after issuance or renewal. All 112.1other personal licenses expire two years from the date of original issuance and every two 112.2years thereafter. Registrations of unlicensed individuals expire one year from the date of 112.3original issuance and every year thereafter. 112.4    (b) Fees for application and examination, and for the original issuance and each 112.5subsequent renewal, are: 112.6    (1) For each personal license application and examination: $35; 112.7    (2) For original issuance and each subsequent renewal of: 112.8    Class A Master or master special electrician, including master elevator constructor: 112.9$40 per year; 112.10    Class B Master: $25 per year; 112.11    Power Limited Technician: $15 per year; 112.12    Class A Journeyman, Class B Journeyman, Installer, Elevator Constructor, Lineman, 112.13or Maintenance Electrician other than master special electrician: $15 per year; 112.14    Contractor: $100 per year; 112.15    Unlicensed individual registration: $15 per year. 112.16    (c) If any new license is issued in accordance with this subdivision for less than two 112.17years, the fee for the license shall be prorated on an annual basis. 112.18    (d) A license fee may not be refunded after a license is issued or renewed. However, 112.19if the fee paid for a license was not prorated in accordance with this subdivision, the 112.20amount of the overpayment shall be refunded. 112.21    (e) Any contractor who seeks reissuance of a license after it has been revoked or 112.22suspended under this chapter shall submit a reissuance fee of $100 before the license is 112.23reinstated. 112.24    (f) The fee for the issuance of each duplicate license is $15. 112.25    (g) An individual or contractor who fails to renew a license before 30 days after the 112.26expiration or registration of the license must submit a late fee equal to one year's license 112.27fee in addition to the full renewal fee. Fees for renewed licenses or registrations are not 112.28prorated. An individual or contractor that fails to renew a license or registration by the 112.29expiration date is unlicensed until the license or registration is renewed. 112.30    Sec. 14. Minnesota Statutes 2008, section 326B.46, subdivision 4, is amended to read: 112.31    Subd. 4. Fee. new text begin (a) new text end Each person giving bond to the state under subdivision 2 shall pay 112.32the department an annual new text begin a new text end bond registration fee of $40 new text begin for one year or $80 for two years new text end . 112.33 new text begin (b) The commissioner shall in a manner determined by the commissioner, without new text end 112.34 new text begin the need for any rulemaking under chapter 14, phase in the bond registration from one year new text end 113.1 new text begin to two years so that the expiration of bond registration corresponds with the expiration of new text end 113.2 new text begin the license issued under section 326B.475 or 326B.49, subdivision 1. new text end 113.3    Sec. 15. Minnesota Statutes 2008, section 326B.475, subdivision 4, is amended to read: 113.4    Subd. 4. Renewal; use period for license. new text begin (a) new text end A restricted master plumber and 113.5restricted journeyman plumber license must be renewed annually for as long as that 113.6licensee engages in the plumbing trade. Failure to renew a restricted master plumber and 113.7restricted journeyman plumber license within 12 months after the expiration date will 113.8result in permanent forfeiture of the restricted master plumber and restricted journeyman 113.9plumber license. 113.10 new text begin (b) The commissioner shall in a manner determined by the commissioner, without new text end 113.11 new text begin the need for any rulemaking under chapter 14, phase in the renewal of restricted master new text end 113.12 new text begin plumber and restricted journeyman plumber licenses from one year to two years. By new text end 113.13 new text begin June 30, 2011, all restricted master plumber and restricted journeyman plumber licenses new text end 113.14 new text begin shall be two-year licenses. new text end 113.15    Sec. 16. Minnesota Statutes 2008, section 326B.475, subdivision 7, is amended to read: 113.16    Subd. 7. Fee. The annual new text begin renewal new text end fee for the restricted master plumber and 113.17restricted journeyman plumber licenses is the same fee as for a master or journeyman 113.18plumber license, respectively. 113.19    Sec. 17. Minnesota Statutes 2008, section 326B.49, subdivision 1, is amended to read: 113.20    Subdivision 1. Application. new text begin (a) new text end Applications for plumber's license shall be made to 113.21the commissioner, with fee. Unless the applicant is entitled to a renewal, the applicant 113.22shall be licensed by the commissioner only after passing a satisfactory examination 113.23developed and administered by the commissioner, based upon rules adopted by the 113.24Plumbing Board, showing fitness. Examination fees for both journeyman and master 113.25plumbers shall be $50 for each examination. Upon being notified of having successfully 113.26passed the examination for original license the applicant shall submit an application, 113.27with the license fee herein provided. The license fee for each initial and renewal master 113.28plumber's license shall be $120 new text begin $240 new text end . The license fee for each initial and renewal 113.29journeyman plumber's license shall be $55 new text begin $110 new text end . The commissioner may by rule prescribe 113.30for the expiration and renewal of licenses. 113.31 new text begin (b) All initial master and journeyman plumber's licenses shall be effective for more new text end 113.32 new text begin than one calendar year and shall expire on December 31 of the year after the year in which new text end 113.33 new text begin the application is made. The license fee for each renewal master plumber's license shall be new text end 114.1 new text begin $120 for one year or $240 for two years. The license fee for each renewal journeyman new text end 114.2 new text begin plumber's license shall be $55 for one year or $110 for two years. The commissioner new text end 114.3 new text begin shall in a manner determined by the commissioner, without the need for any rulemaking new text end 114.4 new text begin under chapter 14, phase in the renewal of master and journeyman plumber's licenses from new text end 114.5 new text begin one year to two years. By June 30, 2011, all renewed master and journeyman plumber's new text end 114.6 new text begin licenses shall be two-year licenses. new text end 114.7 new text begin (c) new text end Any licensee who does not renew a license within two years after the license 114.8expires is no longer eligible for renewal. Such an individual must retake and pass the 114.9examination before a new license will be issued. A journeyman or master plumber who 114.10submits a license renewal application after the time specified in rule but within two years 114.11after the license expired must pay all past due renewal fees plus a late fee of $25. 114.12    Sec. 18. Minnesota Statutes 2008, section 326B.56, subdivision 4, is amended to read: 114.13    Subd. 4. Fee. new text begin (a) new text end The commissioner shall collect a $40 bond registration fee new text begin for new text end 114.14 new text begin one year or $80 for two years new text end from each applicant for issuance or renewal of a water 114.15conditioning contractor or installer license who elects to proceed under subdivisions 114.161 and 2. 114.17 new text begin (b) The commissioner shall in a manner determined by the commissioner, without new text end 114.18 new text begin the need for any rulemaking under chapter 14, phase in the bond registration from one year new text end 114.19 new text begin to two years so that the expiration of bond registration corresponds with the expiration of new text end 114.20 new text begin the license issued under section 326B.55. new text end 114.21    Sec. 19. Minnesota Statutes 2008, section 326B.58, is amended to read: 114.22326B.58 FEES. 114.23     new text begin (a) new text end Examination fees for both water conditioning contractors and water conditioning 114.24installers shall be $50 for each examination. Each new text begin initial new text end water conditioning contractor 114.25and installer license new text begin shall be effective for more than one calendar year and new text end shall expire on 114.26December 31 of the year for which it was issued new text begin after the year in which the application new text end 114.27 new text begin is made new text end . The license fee for each initial water conditioning contractor's license shall be 114.28$70 new text begin $140 new text end , except that the license fee shall be $35 new text begin $105 new text end if the application is submitted 114.29during the last three months of the calendar year. The license fee for each renewal water 114.30conditioning contractor's license shall be $70 new text begin for one year or $140 for two years new text end . The 114.31license fee for each initial water conditioning installer license shall be $35 new text begin $70 new text end , except 114.32that the license fee shall be $17.50 new text begin $52.50 new text end if the application is submitted during the last 114.33three months of the calendar year. The license fee for each renewal water conditioning 114.34installer license shall be $35 new text begin for one year or $70 for two years new text end . 115.1 new text begin (b) The commissioner shall in a manner determined by the commissioner, without new text end 115.2 new text begin the need for any rulemaking under chapter 14, phase in the renewal of water conditioning new text end 115.3 new text begin contractor and installer licenses from one year to two years. By June 30, 2011, all renewed new text end 115.4 new text begin water conditioning contractor and installer licenses shall be two-year licenses. new text end The 115.5commissioner may by rule prescribe for the expiration and renewal of licenses. 115.6 new text begin (c) new text end Any licensee who does not renew a license within two years after the license 115.7expires is no longer eligible for renewal. Such an individual must retake and pass the 115.8examination before a new license will be issued. A water conditioning contractor or water 115.9conditioning installer who submits a license renewal application after the time specified 115.10in rule but within two years after the license expired must pay all past due renewal fees 115.11plus a late fee of $25. 115.12    Sec. 20. Minnesota Statutes 2008, section 326B.815, subdivision 1, is amended to read: 115.13    Subdivision 1. Licensing fee. new text begin (a) new text end The licensing fee for persons licensed pursuant 115.14to sections 326B.802 to 326B.885, except for manufactured home installers, is $100 per 115.15year new text begin $200 for a two-year period new text end . The licensing fee for manufactured home installers under 115.16section 327B.041 is $300 for a three-year period. 115.17 new text begin (b) All initial licenses, except for manufactured home installer licenses, shall be new text end 115.18 new text begin effective for two years and shall expire on March 31 of the year after the year in which the new text end 115.19 new text begin application is made. The license fee for each renewal of a residential contractor, residential new text end 115.20 new text begin remodeler, or residential roofer license shall be $100 for one year and $200 for two years. new text end 115.21 new text begin (c) The commissioner shall in a manner determined by the commissioner, without new text end 115.22 new text begin the need for any rulemaking under chapter 14, phase in the renewal of residential new text end 115.23 new text begin contractor, residential remodeler, and residential roofer licenses from one year to two new text end 115.24 new text begin years. By June 30, 2011, all renewed residential contractor, residential remodeler, and new text end 115.25 new text begin residential roofer licenses shall be two-year licenses. new text end 115.26    Sec. 21. Minnesota Statutes 2008, section 326B.821, subdivision 2, is amended to read: 115.27    Subd. 2. Hours. A qualifying person of a licensee must provide proof of completion 115.28of seven new text begin 14 new text end hours of continuing education per year new text begin two-year licensure period new text end in the 115.29regulated industry in which the licensee is licensed. 115.30    Credit may not be earned if the licensee has previously obtained credit for the same 115.31course as either a student or instructor during the same licensing period. 115.32    Sec. 22. Minnesota Statutes 2008, section 326B.86, subdivision 1, is amended to read: 116.1    Subdivision 1. Bond. (a) Licensed manufactured home installers and licensed 116.2residential roofers must post a surety bond in the name of the licensee with the 116.3commissioner, conditioned that the applicant shall faithfully perform the duties and 116.4in all things comply with all laws, ordinances, and rules pertaining to the license or 116.5permit applied for and all contracts entered into. The annual bond must be continuous 116.6and maintained for so long as the licensee remains licensed. The aggregate liability of 116.7the surety on the bond to any and all persons, regardless of the number of claims made 116.8against the bond, may not exceed the amount of the bond. The bond may be canceled as 116.9to future liability by the surety upon 30 days' written notice mailed to the commissioner 116.10by regular mail. 116.11    (b) A licensed residential roofer must post a bond of at least $15,000. 116.12    (c) A licensed manufactured home installer must post a bond of at least $2,500. 116.13    Bonds issued under sections 326B.802 to 326B.885 are not state bonds or contracts 116.14for purposes of sections 8.05 and 16C.05, subdivision 2. 116.15    Sec. 23. Minnesota Statutes 2008, section 326B.885, subdivision 2, is amended to read: 116.16    Subd. 2. Annual Renewal new text begin period new text end . Any license issued or renewed after August 116.171, 1993, must be renewed annually except for new text begin (a) A residential contractor, residential new text end 116.18 new text begin remodeler, and residential roofer license shall have a renewal period of two years. The new text end 116.19 new text begin commissioner shall in a manner determined by the commissioner, without the need for any new text end 116.20 new text begin rulemaking under chapter 14, phase in the renewal of residential contractor, residential new text end 116.21 new text begin remodeler, and residential roofer licenses from one year to two years. By June 30, 2011, new text end 116.22 new text begin all renewed residential contractor, residential remodeler, and residential roofer licenses new text end 116.23 new text begin shall be two-year licenses. new text end 116.24 new text begin (b) new text end A manufactured home installer's license which shall have a renewal period of 116.25three years, effective for all renewals and new licenses issued after December 31, 2008. 116.26    Sec. 24. Minnesota Statutes 2008, section 326B.89, subdivision 3, is amended to read: 116.27    Subd. 3. Fund fees. In addition to any other fees, a person who applies for or 116.28renews a license under sections 326B.802 to 326B.885 shall pay a fee to the fund. The 116.29person shall pay, in addition to the appropriate application or renewal fee, the following 116.30additional fee that shall be deposited in the fund. The amount of the fee shall be based on 116.31the person's gross annual receipts for the person's most recent fiscal year preceding the 116.32application or renewal, on the following scale: 116.33 Fee Gross Annual Receipts 116.34 $160 new text begin $320 new text end under $1,000,000 117.1 $210 new text begin $420 new text end $1,000,000 to $5,000,000 117.2 $260 new text begin $520 new text end over $5,000,000 117.3    Sec. 25. Minnesota Statutes 2008, section 326B.89, subdivision 16, is amended to read: 117.4    Subd. 16. Additional assessment. If the balance in the fund is at any time less 117.5than the commissioner determines is necessary to carry out the purposes of this section, 117.6every licensee, when renewing a license, shall pay, in addition to the annual renewal 117.7fee and the fee set forth in subdivision 3, an assessment not to exceed $100 new text begin $200 new text end . The 117.8commissioner shall set the amount of assessment based on a reasonable determination 117.9of the amount that is necessary to restore a balance in the fund adequate to carry out the 117.10purposes of this section. 117.11    Sec. 26. Minnesota Statutes 2008, section 326B.94, subdivision 4, is amended to read: 117.12    Subd. 4. Examinations, licensing. The commissioner shall develop and administer 117.13an examination for all masters of boats carrying passengers for hire on the inland waters of 117.14the state as to their qualifications and fitness. If found qualified and competent to perform 117.15their duties as a master of a boat carrying passengers for hire, they shall be issued a license 117.16authorizing them to act as such on the inland waters of the state. The license shall be 117.17renewed annually. new text begin All initial master's licenses shall be for two years. The commissioner new text end 117.18 new text begin shall in a manner determined by the commissioner, without the need for any rulemaking new text end 117.19 new text begin under chapter 14, phase in the renewal of master's licenses from one year to two years. new text end 117.20 new text begin By June 30, 2011, all renewed master's licenses shall be two-year licenses. new text end Fees for the 117.21original issue and renewal of the license authorized under this section shall be pursuant to 117.22section 326B.986, subdivision 2. 117.23    Sec. 27. Minnesota Statutes 2008, section 326B.972, is amended to read: 117.24326B.972 LICENSE REQUIREMENT. 117.25    (a) To operate a boiler, steam engine, or turbine an individual must have received a 117.26license for the grade covering that boiler, steam engine, or turbine. The license must be 117.27renewed annually, except as provided new text begin Except for licenses described new text end in section 326B.956 117.28and except for provisional licenses described in paragraphs (d) to (g) new text begin ; new text end 117.29 new text begin (1) all initial licenses shall be for two years; new text end 117.30 new text begin (2) the commissioner shall in a manner determined by the commissioner, without new text end 117.31 new text begin the need for any rulemaking under chapter 14, phase in the renewal of licenses from new text end 117.32 new text begin one year to two years; and new text end 117.33 new text begin (3) by June 30, 2011, all licenses shall be two-year licenses new text end . 118.1    (b) For purposes of sections 326B.952 to 326B.998, "operation" does not include 118.2monitoring of an automatic boiler, either through on premises inspection of the boiler or 118.3by remote electronic surveillance, provided that no operations are performed upon the 118.4boiler other than emergency shut down in alarm situations. 118.5    (c) No individual under the influence of illegal drugs or alcohol may operate a boiler, 118.6steam engine, or turbine or monitor an automatic boiler. 118.7    (d) The commissioner may issue a provisional license to allow an employee of a 118.8high pressure boiler plant to operate boilers greater than 500 horsepower at only that 118.9boiler plant if: 118.10    (1) the boiler plant has a designated chief engineer in accordance with Minnesota 118.11Rules, part 5225.0410; 118.12    (2) the boiler plant employee holds a valid license as a second-class engineer, 118.13Grade A or B; 118.14    (3) the chief engineer in charge of the boiler plant submits an application to the 118.15commissioner on a form prescribed by the commissioner to elicit information on whether 118.16the requirements of this paragraph have been met; 118.17    (4) the chief engineer in charge of the boiler plant and an authorized representative 118.18of the owner of the boiler plant both sign the application for the provisional license; 118.19    (5) the owner of the boiler plant has a documented training program with examination 118.20for boilers and equipment at the boiler plant to train and test the boiler plant employee; and 118.21    (6) if the application were to be granted, the total number of provisional licenses 118.22for employees of the boiler plant would not exceed the total number of properly licensed 118.23first-class engineers and chief engineers responsible for the safe operation of the boilers 118.24at the boiler plant. 118.25    (e) A public utility, cooperative electric association, generation and transmission 118.26cooperative electric association, municipal power agency, or municipal electric utility 118.27that employs licensed boiler operators who are subject to an existing labor contract may 118.28use a provisional licensee as an operator only if using the provisional licensee does not 118.29violate the labor contract. 118.30    (f) Each provisional license expires 36 months after the date of issuance unless 118.31revoked less than 36 months after the date of issuance. A provisional license may not be 118.32renewed. 118.33    (g) The commissioner may issue no more than two provisional licenses to any 118.34individual within a four-year period. 118.35    Sec. 28. Minnesota Statutes 2008, section 326B.986, subdivision 2, is amended to read: 119.1    Subd. 2. Fee amounts; master's. The license and application fee for a new text begin an initial new text end 119.2master's license is $50 new text begin $70 new text end , or $20 new text begin $40 new text end if the applicant possesses a valid, unlimited, current 119.3United States Coast Guard master's license. The annual renewal of new text begin fee for new text end a master's 119.4license is $20 new text begin for one year or $40 for two years new text end . The annual renewal If new text begin the renewal fee is new text end 119.5paid later than 30 days after expiration is $35. The fee for replacement of a current, valid 119.6license is $20 new text begin , then a late fee of $15 will be added to the renewal fee new text end . 119.7    Sec. 29. Minnesota Statutes 2008, section 326B.986, subdivision 5, is amended to read: 119.8    Subd. 5. Boiler engineer license fees. new text begin (a) new text end For the following licenses, the 119.9nonrefundable license and application fee is: 119.10(1) chief engineer's license, $50 new text begin $70 new text end ; 119.11(2) first class engineer's license, $50 new text begin $70 new text end ; 119.12(3) second class engineer's license, $50 new text begin $70 new text end ; 119.13(4) special engineer's license, $20 new text begin $40 new text end ; 119.14(5) traction or hobby boiler engineer's license, $50; and 119.15(6) provisional license, $50. 119.16     new text begin (b) new text end An engineer's license, except a provisional license, may be renewed upon 119.17application and payment of an annual new text begin a new text end renewal fee of $20 new text begin for one year or $40 for two new text end 119.18 new text begin years new text end . The annual renewal, If new text begin the renewal fee is new text end paid later than 30 days after expiration, 119.19is $35. The fee for replacement of a current, valid license is $20 new text begin then a late fee of $15 new text end 119.20 new text begin will be added to the renewal fee new text end . 119.21    Sec. 30. Minnesota Statutes 2008, section 326B.986, subdivision 8, is amended to read: 119.22    Subd. 8. Certificate of competency. The fee for issuance of the original state 119.23of Minnesota certificate of competency for inspectors is $50. This fee is waived new text begin $85 new text end 119.24 new text begin for inspectors who did not pay the examination fee or $35 new text end for inspectors who paid 119.25the examination fee. new text begin All initial certificates of competency shall be effective for more new text end 119.26 new text begin than one calendar year and shall expire on December 31 of the year after the year in new text end 119.27 new text begin which the application is made. The commissioner shall in a manner determined by the new text end 119.28 new text begin commissioner, without the need for any rulemaking under chapter 14, phase in the renewal new text end 119.29 new text begin of certificates of competency from one calendar year to two calendar years. By June 30, new text end 119.30 new text begin 2011, all renewed certificates of competency shall be valid for two calendar years. new text end The fee 119.31for an annual renewal of the state of Minnesota certificate of competency is $35 new text begin for one new text end 119.32 new text begin year or $70 for two years new text end , and is due January 1 of each year. The fee for replacement of a 119.33current, valid license is $35 new text begin the day after the certificate expires new text end . 120.1    Sec. 31. Minnesota Statutes 2008, section 327B.04, subdivision 7, is amended to read: 120.2    Subd. 7. Fees; Licenses; when granted. Each application for a license or license 120.3renewal must be accompanied by a fee in an amount established by the commissioner by 120.4rule pursuant to section new text begin subdivision 7a new text end . The fees shall be set in an amount which 120.5over the fiscal biennium will produce revenues approximately equal to the expenses which 120.6the commissioner expects to incur during that fiscal biennium while administering and 120.7enforcing sections 327B.01 to 327B.12. The commissioner shall grant or deny a license 120.8application or a renewal application within 60 days of its filing. If the license is granted, 120.9the commissioner shall license the applicant as a dealer or manufacturer for the remainder 120.10of the calendar year new text begin licensure period new text end . Upon application by the licensee, the commissioner 120.11shall renew the license for a two year period, if: 120.12    (a) new text begin (1) new text end the renewal application satisfies the requirements of subdivisions 3 and 4; 120.13    (b) new text begin (2) new text end the renewal applicant has made all listings, registrations, notices and reports 120.14required by the commissioner during the preceding year new text begin licensure period new text end ; and 120.15    (c) new text begin (3) new text end the renewal applicant has paid all fees owed pursuant to sections 327B.01 to 120.16327B.12 and all taxes, arrearages, and penalties owed to the state. 120.17    Sec. 32. Minnesota Statutes 2008, section 327B.04, is amended by adding a 120.18subdivision to read: 120.19     new text begin Subd. 7a. new text end new text begin Fees. new text end new text begin (a) Fees for licenses issued pursuant to this section are as follows: new text end 120.20 new text begin (1) initial dealer license for principal location, $400. Fee is not refundable; new text end 120.21 new text begin (2) initial dealer license for subagency location, $80; new text end 120.22 new text begin (3) dealer license biennial renewal, principal location, $400; dealer subagency new text end 120.23 new text begin location biennial renewal, $160. Subagency license renewal must coincide with the new text end 120.24 new text begin principal license date; new text end 120.25 new text begin (4) initial limited dealer license, $200; new text end 120.26 new text begin (5) change of bonding company, $10; new text end 120.27 new text begin (6) reinstatement of bond after cancellation notice has been received, $10; new text end 120.28 new text begin (7) checks returned without payment, $15; and new text end 120.29 new text begin (8) change of address, $10. new text end 120.30 new text begin (b) All initial limited dealer licenses shall be effective for more than one calendar new text end 120.31 new text begin year and shall expire on December 31 of the year after the year in which the application new text end 120.32 new text begin is made. new text end 120.33 new text begin (c) The license fee for each renewed limited dealer license shall be $100 for one new text end 120.34 new text begin year and $200 for two years. The commissioner shall in a manner determined by the new text end 120.35 new text begin commissioner, without the need for any rulemaking under chapter 14, phase in the renewal new text end 121.1 new text begin of limited dealer licenses from one year to two years. By June 30, 2011, all renewed new text end 121.2 new text begin limited dealer licenses shall be two-year licenses. new text end 121.3 new text begin (d) All fees are not refundable. new text end 121.4    Sec. 33. Minnesota Statutes 2008, section 327B.04, subdivision 8, is amended to read: 121.5    Subd. 8. Limited dealer's license. The commissioner shall issue a limited dealer's 121.6license to an owner of a manufactured home park authorizing the licensee as principal 121.7only to engage in the sale, offering for sale, soliciting, or advertising the sale of used 121.8manufactured homes located in the owned manufactured home park. The licensee must 121.9be the title holder of the homes and may engage in no more than ten sales annually new text begin new text end 121.10 new text begin during each year of the two-year licensure period new text end . An owner may, upon payment of the 121.11applicable fee and compliance with this subdivision, obtain a separate license for each 121.12owned manufactured home park and is entitled to sell up to ten new text begin 20 new text end homes per license 121.13 new text begin period new text end provided that only one limited dealer license may be issued for each park. The 121.14license shall be issued after: 121.15    (1) receipt of an application on forms provided by the commissioner containing 121.16the following information: 121.17    (i) the identity of the applicant; 121.18    (ii) the name under which the applicant will be licensed and do business in this state; 121.19    (iii) the name and address of the owned manufactured home park, including a copy 121.20of the park license, serving as the basis for the issuance of the license; 121.21    (iv) the name, home, and business address of the applicant; 121.22    (v) the name, address, and telephone number of one individual that is designated 121.23by the applicant to receive all communications and cooperate with all inspections and 121.24investigations of the commissioner pertaining to the sale of manufactured homes in the 121.25manufactured home park owned by the applicant; 121.26    (vi) whether the applicant or its designated individual has been convicted of a crime 121.27within the previous ten years that is either related directly to the business for which the 121.28license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a 121.29judgment in a civil action involving fraud, misrepresentation, or conversion within the 121.30previous five years or has had any government license or permit suspended or revoked 121.31as a result of an action brought by a federal or state governmental agency in this or any 121.32other state within the last five years; and 121.33    (vii) the applicant's qualifications and business history, including whether the 121.34applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has 121.35any unsatisfied court judgments outstanding against it or them; 122.1    (2) payment of a $100 annual new text begin the license new text end fee new text begin established by subdivision 7a new text end ; and 122.2    (3) provision of a surety bond in the amount of $5,000. A separate surety bond 122.3must be provided for each limited license. 122.4    The applicant need not comply with section 327B.04, subdivision 4, paragraph (e). 122.5The holding of a limited dealer's license does not satisfy the requirement contained in 122.6section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect 122.7to obtaining a dealer license. The commissioner may, upon application for a renewal of 122.8a license, require only a verification that copies of sales documents have been retained 122.9and payment of a $100 new text begin the new text end renewal fee new text begin established by subdivision 7a new text end . "Sales documents" 122.10mean only the safety feature disclosure form defined in section 327C.07, subdivision 3a, 122.11title of the home, financing agreements, and purchase agreements. 122.12    The license holder shall, upon request of the commissioner, make available for 122.13inspection during business hours sales documents required to be retained under this 122.14subdivision. 122.15    Sec. 34. new text begin REPEALER. new text end 122.16 new text begin Minnesota Rules, part 1350.8300, new text end new text begin is repealed. new text end 122.17ARTICLE 6 122.18MISCELLANEOUS PROVISIONS 122.19    Section 1. new text begin [1.1499] STATE SPORT. new text end 122.20     new text begin Ice hockey is adopted as the official sport of the state of Minnesota. new text end 122.21    Sec. 2. Minnesota Statutes 2008, section 41A.02, subdivision 17, is amended to read: 122.22    Subd. 17. Small business development loan. "Small business development loan" 122.23means a loan to a business that is an "eligible small business" to finance new text begin : new text end 122.24 new text begin (1) new text end capital expenditures on an interim or long-term basis to acquire or improve land, 122.25acquire, construct, rehabilitate, remove, or improve buildings, or to acquire and install 122.26fixtures and equipment useful to conduct a small business, including facilities of a capital 122.27nature useful or suitable for a business engaged in an enterprise promoting employment 122.28including, without limitation, facilities included within the meaning of the term "project" 122.29as defined in sections 469.153, subdivision 2, and 469.155, subdivision 4 new text begin ; new text end 122.30 new text begin (2) working capital; and new text end 122.31 new text begin (3) intangible property, such as any patent, copyright, formula, process, design, new text end 122.32 new text begin pattern, know-how, format, or other similar item new text end . 123.1    Sec. 3. Minnesota Statutes 2008, section 41A.036, subdivision 4, is amended to read: 123.2    Subd. 4. Exemption from limitation. If the board determines that a 123.3revenue-producing enterprise new text begin an eligible small business new text end is eligible for special assistance, 123.4the $1,000,000 limitation established in subdivision 1 does not apply. 123.5    Sec. 4. Minnesota Statutes 2008, section 41A.036, subdivision 5, is amended to read: 123.6    Subd. 5. Designation; criteria. A revenue-producing enterprise new text begin An eligible new text end 123.7 new text begin small business new text end is not eligible to receive special assistance unless the board has passed a 123.8resolution designating the revenue-producing enterprise new text begin eligible small business new text end as being in 123.9need of special assistance. The resolution must include findings that the designation and 123.10receipt of the special assistance will be of exceptional benefit to the state of Minnesota in 123.11that at least three of the following criteria are met: 123.12(1) to expand or remain in Minnesota, the revenue-producing enterprise new text begin eligible new text end 123.13 new text begin small business new text end has demonstrated that it cannot obtain suitable financing from other sources; 123.14(2) special assistance will enable a revenue-producing enterprise new text begin an eligible small new text end 123.15 new text begin business new text end not currently located in Minnesota to locate a facility in Minnesota that directly 123.16increases the number of jobs in the state; 123.17(3) the revenue-producing enterprise new text begin eligible small business new text end will create or retain 123.18significant numbers of jobs in a Minnesota community; 123.19(4) the revenue-producing enterprise new text begin eligible small business new text end has a significant 123.20potential for growth in jobs or economic activities in Minnesota during the ensuing 123.21five-year period; and 123.22(5) the revenue-producing enterprise new text begin eligible small business new text end will maintain a 123.23significant level of productivity in Minnesota during the ensuing five-year period. 123.24    Sec. 5. Minnesota Statutes 2008, section 85.0146, subdivision 1, is amended to read: 123.25    Subdivision 1. Advisory council created. The Cuyuna Country State Recreation 123.26Area Citizens Advisory Council is established. new text begin Notwithstanding section 15.059, the new text end 123.27 new text begin council does not expire. new text end Membership on the advisory council shall include: 123.28    (1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers 123.29Board; 123.30    (2) a representative of the Croft Mine Historical Park Joint Powers Board; 123.31    (3) a designee of the Cuyuna Range Mineland Reclamation Committee who has 123.32worked as a miner in the local area; 123.33    (4) a representative of the Crow Wing County Board; 123.34    (5) an elected state official; 124.1    (6) a representative of the Grand Rapids regional office of the Department of Natural 124.2Resources; 124.3    (7) a designee of the Iron Range Resources and Rehabilitation Board; 124.4    (8) a designee of the local business community selected by the area chambers of 124.5commerce; 124.6    (9) a designee of the local environmental community selected by the Crow Wing 124.7County District 5 commissioner; 124.8    (10) a designee of a local education organization selected by the Crosby-Ironton 124.9School Board; 124.10    (11) a designee of one of the recreation area user groups selected by the Cuyuna 124.11Range Chamber of Commerce; and 124.12    (12) a member of the Cuyuna Country Heritage Preservation Society. 124.13    Sec. 6. Minnesota Statutes 2008, section 89A.08, subdivision 1, is amended to read: 124.14    Subdivision 1. Establishment. The council shall appoint a Forest Resources 124.15Research Advisory Committee. new text begin Notwithstanding section 15.059, the council does not new text end 124.16 new text begin expire. new text end The committee must consist of representatives of: 124.17(1) the College of Natural Resources, University of Minnesota; 124.18(2) the Natural Resources Research Institute, University of Minnesota; 124.19(3) the department; 124.20(4) the North Central Forest Experiment Station, United States Forest Service; and 124.21(5) other organizations as deemed appropriate by the council. 124.22    Sec. 7. Minnesota Statutes 2008, section 115C.08, subdivision 4, is amended to read: 124.23    Subd. 4. Expenditures. (a) Money in the fund may only be spent: 124.24(1) to administer the petroleum tank release cleanup program established in this 124.25chapter; 124.26(2) for agency administrative costs under sections 116.46 to 116.50, sections 124.27115C.03 to 115C.06, and costs of corrective action taken by the agency under section 124.28115C.03 , including investigations; 124.29(3) for costs of recovering expenses of corrective actions under section 115C.04; 124.30(4) for training, certification, and rulemaking under sections 116.46 to 116.50; 124.31(5) for agency administrative costs of enforcing rules governing the construction, 124.32installation, operation, and closure of aboveground and underground petroleum storage 124.33tanks; 125.1(6) for reimbursement of the environmental response, compensation, and compliance 125.2account under subdivision 5 and section 115B.26, subdivision 4; 125.3(7) for administrative and staff costs as set by the board to administer the petroleum 125.4tank release program established in this chapter; 125.5(8) for corrective action performance audits under section 115C.093; 125.6(9) for contamination cleanup grants, as provided in paragraph (c); and 125.7(10) to assess and remove abandoned underground storage tanks under section 125.8115C.094 and, if a release is discovered, to pay for the specific consultant and contractor 125.9services costs necessary to complete the tank removal project, including, but not limited 125.10to, excavation soil sampling, groundwater sampling, soil disposal, and completion of an 125.11excavation report. 125.12(b) Except as provided in paragraph (c), money in the fund is appropriated to the 125.13board to make reimbursements or payments under this section. 125.14(c) $6,200,000 is annually appropriated from the fund to the commissioner of 125.15employment and economic development for contamination cleanup grants under section 125.16116J.554 . Of this amount, the commissioner may spend up to $180,000 annually for 125.17administration of the contamination cleanup grant program. The appropriation does not 125.18cancel and is available until expended. The appropriation shall not be withdrawn from 125.19the fund nor the fund balance reduced until the funds are requested by the commissioner 125.20of employment and economic development. The commissioner shall schedule requests 125.21for withdrawals from the fund to minimize the necessity to impose the fee authorized by 125.22subdivision 2. Unless otherwise provided, the appropriation in this paragraph may be 125.23used for: 125.24(1) project costs at a qualifying site if a portion of the cleanup costs are attributable 125.25to petroleum contamination new text begin or new and used tar and tar-like substances, including but not new text end 125.26 new text begin limited to bitumen and asphalt, but excluding bituminous or asphalt pavement, that consist new text end 125.27 new text begin primarily of hydrocarbons and are found in natural deposits in the earth or are distillates, new text end 125.28 new text begin fractions, or residues from the processing of petroleum crude or petroleum products as new text end 125.29 new text begin defined in section 296A.01 new text end ; and 125.30(2) the costs of performing contamination investigation if there is a reasonable basis 125.31to suspect the contamination is attributable to petroleum new text begin or new and used tar and tar-like new text end 125.32 new text begin substances, including but not limited to bitumen and asphalt, but excluding bituminous or new text end 125.33 new text begin asphalt pavement, that consist primarily of hydrocarbons and are found in natural deposits new text end 125.34 new text begin in the earth or are distillates, fractions, or residues from the processing of petroleum crude new text end 125.35 new text begin or petroleum products as defined in section 296A.01 new text end . 126.1    Sec. 8. new text begin [137.701] UNIVERSITY NEIGHBORHOOD DEVELOPMENT. new text end 126.2     new text begin Subdivision 1. new text end new text begin Purpose. new text end new text begin In order to support and create an environment surrounding new text end 126.3 new text begin the campuses of the University of Minnesota in Minneapolis and Duluth, that is conducive new text end 126.4 new text begin to the purposes of higher education and a vital community, the Board of Regents and new text end 126.5 new text begin the cities of Minneapolis and Duluth shall create with the Marcy Holmes, Southeast new text end 126.6 new text begin Como, Prospect Park, and Cedar-Riverside neighborhood and business associations, an new text end 126.7 new text begin appropriate organization so that they cooperate in the development of those neighborhoods. new text end 126.8 new text begin The organization shall include representatives from the Marcy Holmes, Southeast Como, new text end 126.9 new text begin Prospect Park, and Cedar-Riverside neighborhood and business associations. The purpose new text end 126.10 new text begin of the organization is to improve the university's Minneapolis and Duluth campus area new text end 126.11 new text begin neighborhoods including, but not limited to, the following: new text end 126.12 new text begin (1) providing and supporting the development of good quality university new text end 126.13 new text begin neighborhood housing, including housing for students, faculty, employees, alumni, and new text end 126.14 new text begin others who may wish to live in the university area neighborhoods; new text end 126.15 new text begin (2) encouraging and assisting university faculty, staff, students, and others to live in new text end 126.16 new text begin the neighborhood as long-term residents; new text end 126.17 new text begin (3) supporting and assisting appropriate business development in commercial areas new text end 126.18 new text begin of the neighborhood; and new text end 126.19 new text begin (4) cooperating and coordinating planning and development in all matters affecting new text end 126.20 new text begin the neighborhood with local government, businesses, residents, and other stakeholders in new text end 126.21 new text begin the neighborhood. new text end 126.22     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin The organization created by the Board of Regents and new text end 126.23 new text begin the city of Minneapolis shall include representatives from the organizations currently new text end 126.24 new text begin represented on the University District Alliance Steering Committee. The Board of new text end 126.25 new text begin Regents and the city of Duluth may establish the membership of an organization for the new text end 126.26 new text begin purposes of subdivision 1. new text end 126.27     new text begin Subd. 3. new text end new text begin Report. new text end new text begin The Board of Regents and the cities of Minneapolis and Duluth new text end 126.28 new text begin shall report by January 15, 2010, to the chairs and ranking minority members of the new text end 126.29 new text begin legislative committees with primary jurisdiction over higher education policy and new text end 126.30 new text begin finance and economic development and housing finance on the status and activities of new text end 126.31 new text begin the organization that is created. new text end 126.32    Sec. 9. Minnesota Statutes 2008, section 154.001, is amended to read: 126.33154.001 BOARD OF BARBER AND COSMETOLOGIST EXAMINERS 126.34CREATED; TERMS. 127.1     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For the purposes of this chapter, "board" means the new text end 127.2 new text begin Board of Barber Examiners. new text end 127.3     new text begin Subd. 2. new text end new text begin Board of Barber Examiners. new text end (a) A Board of Barber and Cosmetologist 127.4Examiners is established to consist of three barber members, three cosmetologist members, 127.5and one public member, as defined in section 214.02, appointed by the governor. 127.6(b) The barber members shall be persons who have practiced as registered barbers in 127.7this state for at least five years immediately prior to their appointment; shall be graduates 127.8from the 12th grade of a high school or have equivalent education, and shall have 127.9knowledge of the matters to be taught in registered barber schools, as set forth in section 127.10154.07 . One of the barber members shall be a member of, or recommended by, a union of 127.11journeymen barbers that has existed at least two years, and one barber member shall be a 127.12member of, or recommended by, a professional organization of barbers. 127.13(c) All cosmetologist members must be currently licensed in the field of cosmetology 127.14in Minnesota, have practiced in the licensed occupation for at least five years immediately 127.15prior to their appointment, be graduates from the 12th grade of high school or have 127.16equivalent education, and have knowledge of sections to and Minnesota 127.17Rules, chapters 2642 and 2644. The cosmetologist members shall be members of, 127.18or recommended by, a professional organization of cosmetologists, manicurists, or 127.19estheticians. 127.20    (d) new text begin Subd. 3. new text end new text begin Membership terms. new text end new text begin (a) new text end Membership terms, compensation of 127.21members, removal of members, the filling of membership vacancies, and fiscal year and 127.22reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of 127.23staff, administrative services and office space; the review and processing of complaints; 127.24the setting of board fees; and other provisions relating to board operations shall be as 127.25provided in chapter 214. 127.26(e) new text begin (b) new text end Members appointed to fill vacancies caused by death, resignation, or removal 127.27shall serve during the unexpired term of their predecessors. 127.28(f) The barber members of the board shall separately oversee administration, 127.29enforcement, and regulation of, and adoption of rules under, sections , , 127.30, to , to , and to . The cosmetologist 127.31members of the board shall separately oversee administration, enforcement, and regulation 127.32of, and adoption of rules under, sections to . Staff hired by the board, 127.33including inspectors, shall serve both professions. 127.34    Sec. 10. Minnesota Statutes 2008, section 154.003, is amended to read: 127.35154.003 FEES. 128.1    (a) The fees collected, as required in this chapter, chapter 214, and the rules of the 128.2board, shall be paid to the executive secretary of the board. The executive secretary shall 128.3deposit the fees in the general fund in the state treasury. 128.4    (b) The board shall charge the following fees: 128.5    (1) examination and certificate, registered barber, $65; 128.6    (2) examination and certificate, apprentice, $60; 128.7    (3) examination, instructor, $160; 128.8    (4) certificate, instructor, $45; 128.9    (5) temporary teacher or apprentice permit, $50 new text begin $60 new text end ; 128.10    (6) renewal of license, registered barber, $50 new text begin $60 new text end ; 128.11    (7) renewal of license, apprentice, $45 new text begin $50 new text end ; 128.12    (8) renewal of license, instructor, $60; 128.13    (9) renewal of temporary teacher permit, $35 new text begin $45 new text end ; 128.14    (10) student permit, $25; 128.15    (11) initial shop registration, $60 new text begin $65 new text end ; 128.16    (12) initial school registration, $1,010; 128.17    (13) renewal shop registration, $60 new text begin $65 new text end ; 128.18    (14) renewal school registration, $260; 128.19    (15) restoration of registered barber license, $75; 128.20    (16) restoration of apprentice license, $70; 128.21    (17) restoration of shop registration, $85; 128.22    (18) change of ownership or location, $35; 128.23    (19) duplicate license, $20; 128.24    (20) home study course, $75; and 128.25    (21) registration of hair braiders, $20 per year. 128.26    Sec. 11. Minnesota Statutes 2008, section 154.19, is amended to read: 128.27154.19 VIOLATIONS. 128.28Each of the following constitutes a misdemeanor: 128.29(1) The violation of any of the provisions of section 154.01; 128.30(2) Permitting any person in one's employ, supervision, or control to practice as a 128.31registered barber or registered apprentice unless that person has a certificate of registration 128.32as a registered barber or registered apprentice; 128.33(3) Obtaining or attempting to obtain a certificate of registration for money other 128.34than the required fee, or any other thing of value, or by fraudulent misrepresentation; 128.35(4) Practicing or attempting to practice by fraudulent misrepresentation; 129.1(5) The willful failure to display a certificate of registration as required by section 129.2154.14 ; 129.3(6) The use of any room or place for barbering which is also used for residential or 129.4business purposes, except the sale of hair tonics, lotions, creams, cutlery, toilet articles, 129.5cigars, tobacco, candies in original package, and such commodities as are used and sold in 129.6barber shops, and except that shoeshining and an agency for the reception and delivery of 129.7laundry, or either, may be conducted in a barber shop without the same being construed 129.8as a violation of this section, unless a substantial partition of ceiling height separates the 129.9portion used for residential or business purposes, and where a barber shop is situated in a 129.10residence, poolroom, confectionery, store, restaurant, garage, clothing store, liquor store, 129.11hardware store, or soft drink parlor, there must be an outside entrance leading into the 129.12barber shop independent of any entrance leading into such business establishment, except 129.13that this provision as to an outside entrance shall not apply to barber shops in operation at 129.14the time of the passage of this section and except that a barber shop and beauty parlor may 129.15be operated in conjunction, without the same being separated by partition of ceiling height; 129.16(7) The failure or refusal of any barber or other person in charge of any barber shop, 129.17or any person in barber schools or colleges doing barber service work, to use separate 129.18and clean towels for each customer or patron, or to discard and launder each towel after 129.19once being used; 129.20(8) The failure or refusal by any barber or other person in charge of any barber shop 129.21or barber school or barber college to supply clean hot and cold water in such quantities as 129.22may be necessary to conduct such shop, or the barbering service of such school or college, 129.23in a sanitary manner, or the failure or refusal of any such person to have water and sewer 129.24connections from such shop, or barber school or college, with municipal water and sewer 129.25systems where the latter are available for use, or the failure or refusal of any such person 129.26to maintain a receptacle for hot water of a capacity of not less than five gallons; 129.27(9) For the purposes of sections , , , to , 129.28 to , and to new text begin this section new text end , barbers, students, apprentices, or 129.29the proprietor or manager of a barber shop, or barber school or barber college, shall be 129.30responsible for all violations of the sanitary provisions of sections , , 129.31, to , to , and to new text begin this section new text end , and if 129.32any barber shop, or barber school or barber college, upon inspection, shall be found to be 129.33in an unsanitary condition, the person making such inspection shall immediately issue an 129.34order to place the barber shop, or barber school, or barber college, in a sanitary condition, 129.35in a manner and within a time satisfactory to the Board of Barber and Cosmetologist 129.36Examiners, and for the failure to comply with such order the board shall immediately 130.1file a complaint for the arrest of the persons upon whom the order was issued, and any 130.2registered barber who shall fail to comply with the rules adopted by the Board of Barber 130.3and Cosmetologist Examiners, with the approval of the state commissioner of health, or 130.4the violation or commission of any of the offenses described in new text begin this section and new text end section 130.5154.16 new text begin 154.161, subdivision 4, paragraph (a) new text end , clauses (1), (2), (3), new text begin and new text end (4), (5), (6), (7), 130.6(8), (9) new text begin to (12) new text end , and of clauses (1), (2), (3), (4), (5), (6), (7), (8), and (9) of this section, 130.7shall be fined not less than $10 or imprisoned for ten days and not more than $100 or 130.8imprisoned for 90 days. 130.9    Sec. 12. Minnesota Statutes 2008, section 154.44, subdivision 1, is amended to read: 130.10    Subdivision 1. Schedule. The fee schedule for licensees is as follows: 130.11(a) Three-year license fees: 130.12(1) cosmetologist, manicurist, esthetician, $90 for each initial license, and $60 for 130.13each renewal; 130.14(2) instructor, manager, $120 for each initial license, and $90 for each renewal; 130.15(3) salon, $130 for each initial license, and $100 for each renewal; and 130.16(4) school, $1,500. 130.17(b) Penalties: 130.18(1) reinspection fee, variable; and 130.19(2) manager new text begin and owner new text end with lapsed practitioner, $25 new text begin $150 each; new text end 130.20 new text begin (3) expired cosmetologist, manicurist, esthetician, manager, school manager, and new text end 130.21 new text begin instructor license, $45; and new text end 130.22 new text begin (4) expired salon or school license, $50 new text end . 130.23(c) Administrative fees: 130.24(1) certificate of identification, $20; and 130.25(2) school original application, $150 new text begin ; new text end 130.26 new text begin (3) name change, $20; new text end 130.27 new text begin (4) letter of license verification, $30; new text end 130.28 new text begin (5) duplicate license, $20; new text end 130.29 new text begin (6) processing fee, $10; and new text end 130.30 new text begin (7) special event permit, $75 per year new text end . 130.31(d) All fees established in this subdivision must be paid to the executive secretary 130.32of the board. The executive secretary of the board shall deposit the fees in the general 130.33fund in the state treasury. 131.1    Sec. 13. Minnesota Statutes 2008, section 154.51, is amended to read: 131.2154.51 ENFORCEMENT. 131.3     new text begin Subdivision 1. new text end new text begin Proceedings. new text end The provisions of section apply to the 131.4administration of sections to . new text begin If the board, or a complaint committee if new text end 131.5 new text begin authorized by the board, has a reasonable basis for believing that a person has engaged in new text end 131.6 new text begin or is about to engage in a violation of a statute, rule, or order that the board has adopted new text end 131.7 new text begin or issued or is empowered to enforce, the board or complaint committee may proceed as new text end 131.8 new text begin provided in subdivision 2 or 3. Except as otherwise provided in this section, all hearings new text end 131.9 new text begin must be conducted in accordance with the Administrative Procedure Act. new text end 131.10     new text begin Subd. 2. new text end new text begin Legal actions. new text end new text begin (a) When necessary to prevent an imminent violation of a new text end 131.11 new text begin statute, rule, or order that the board has adopted or issued or is empowered to enforce, the new text end 131.12 new text begin board, or a complaint committee if authorized by the board, may bring an action in the new text end 131.13 new text begin name of the state in the District Court of Ramsey County in which jurisdiction is proper to new text end 131.14 new text begin enjoin the act or practice and to enforce compliance with the statute, rule, or order. On a new text end 131.15 new text begin showing that a person has engaged in or is about to engage in an act or practice that new text end 131.16 new text begin constitutes a violation of a statute, rule, or order that the board has adopted or issued new text end 131.17 new text begin or is empowered to enforce, the court shall grant a permanent or temporary injunction, new text end 131.18 new text begin restraining order, or other appropriate relief. new text end 131.19 new text begin (b) For purposes of injunctive relief under this subdivision, irreparable harm exists new text end 131.20 new text begin when the board shows that a person has engaged in or is about to engage in an act or new text end 131.21 new text begin practice that constitutes violation of a statute, rule, or order that the board has adopted or new text end 131.22 new text begin issued or is empowered to enforce. new text end 131.23 new text begin (c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person new text end 131.24 new text begin from criminal prosecution by a competent authority, or from action by the board under new text end 131.25 new text begin subdivision 3, 4, 5, or 6 with respect to the person's license or registration, or application new text end 131.26 new text begin for examination, license, registration, or renewal. new text end 131.27     new text begin Subd. 3. new text end new text begin Cease and desist orders. new text end new text begin (a) The board, or complaint committee if new text end 131.28 new text begin authorized by the board, may issue and have served upon an unlicensed or unregistered new text end 131.29 new text begin person, or a holder of a license or registration, an order requiring the person to cease and new text end 131.30 new text begin desist from an act or practice that constitutes a violation of a statute, rule, or order that new text end 131.31 new text begin the board has adopted or issued or is empowered to enforce. The order must (1) give new text end 131.32 new text begin reasonable notice of the rights of the person named in the order to request a hearing, new text end 131.33 new text begin and (2) state the reasons for the entry of the order. No order may be issued under this new text end 131.34 new text begin subdivision until an investigation of the facts has been conducted under section new text end new text begin . new text end 132.1 new text begin (b) Service of the order under this subdivision is effective when the order is new text end 132.2 new text begin personally served on the person or counsel of record, or served by certified mail to the new text end 132.3 new text begin most recent address provided to the board for the person or counsel of record. new text end 132.4 new text begin (c) The board must hold a hearing under this subdivision not later than 30 days after new text end 132.5 new text begin the board receives the request for the hearing, unless otherwise agreed between the board, new text end 132.6 new text begin or complaint committee if authorized by the board, and the person requesting the hearing. new text end 132.7 new text begin (d) Notwithstanding any rule to the contrary, the administrative law judge must issue new text end 132.8 new text begin a report within 30 days of the close of the contested case hearing. Within 30 days after new text end 132.9 new text begin receiving the report and subsequent exceptions and argument, the board shall issue a new text end 132.10 new text begin further order vacating, modifying, or making permanent the cease and desist order. If no new text end 132.11 new text begin hearing is requested within 30 days of service of the order, the order becomes final and new text end 132.12 new text begin remains in effect until modified or vacated by the board. new text end 132.13     new text begin Subd. 4. new text end new text begin Licensing and registration actions. new text end new text begin (a) With respect to a person who is a new text end 132.14 new text begin holder of or applicant for a license or registration under this chapter, the board may by new text end 132.15 new text begin order deny, refuse to renew, suspend, temporarily suspend, or revoke the application, new text end 132.16 new text begin license, or registration, censure or reprimand the person, refuse to permit the person to new text end 132.17 new text begin sit for examination, or refuse to release the person's examination grades, if the board new text end 132.18 new text begin finds that such an order is in the public interest and that, based on a preponderance of the new text end 132.19 new text begin evidence presented, the person has: new text end 132.20 new text begin (1) violated a statute, rule, or order that the board has adopted or issued or is new text end 132.21 new text begin empowered to enforce; new text end 132.22 new text begin (2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, whether new text end 132.23 new text begin or not the conduct or acts relate to the practice of a profession regulated by this chapter, if new text end 132.24 new text begin the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's new text end 132.25 new text begin ability or fitness to engage in the practice of the profession; new text end 132.26 new text begin (3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate new text end 132.27 new text begin incompetence, or are otherwise in violation of the standards in the rules of the board, new text end 132.28 new text begin where the conduct or acts relate to the practice of a profession regulated by this chapter; new text end 132.29 new text begin (4) employed fraud or deception in obtaining a license, registration, renewal, or new text end 132.30 new text begin reinstatement, or in passing all or a portion of the examination; new text end 132.31 new text begin (5) had a license, registration, right to examine, or other similar authority revoked in new text end 132.32 new text begin another jurisdiction; new text end 132.33 new text begin (6) failed to meet any requirement for issuance or renewal of the person's license new text end 132.34 new text begin or registration; new text end 132.35 new text begin (7) practiced in a profession regulated by this chapter while having an infectious or new text end 132.36 new text begin contagious disease; new text end 133.1 new text begin (8) advertised by means of false or deceptive statements; new text end 133.2 new text begin (9) demonstrated intoxication or indulgence in the use of drugs, including but not new text end 133.3 new text begin limited to narcotics as defined in section new text end new text begin or in United States Code, title 26, section new text end 133.4 new text begin 4731, barbiturates, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants, new text end 133.5 new text begin stimulants, or tranquilizers; new text end 133.6 new text begin (10) demonstrated unprofessional conduct or practice; new text end 133.7 new text begin (11) permitted an employee or other person under the person's supervision or control new text end 133.8 new text begin to practice as a licensee, registrant, or instructor of a profession regulated by this chapter new text end 133.9 new text begin unless that person has (i) a current license or registration issued by the board, (ii) a new text end 133.10 new text begin temporary apprentice permit, or (iii) a temporary permit as an instructor of a profession new text end 133.11 new text begin regulated by the board; new text end 133.12 new text begin (12) practices, offered to practice, or attempted to practice by misrepresentation; new text end 133.13 new text begin (13) failed to display a license or registration as required by rules adopted by the new text end 133.14 new text begin board; new text end 133.15 new text begin (14) used any room or place of practice of a profession regulated by the board that new text end 133.16 new text begin is also used for any other purpose, or used any room or place of practice of a profession new text end 133.17 new text begin regulated by the board that violates the board's rules governing sanitation; new text end 133.18 new text begin (15) failed to use separate and clean towels for each customer or patron, or to discard new text end 133.19 new text begin and launder each towel after being used once; new text end 133.20 new text begin (16) in the case of a licensee, registrant, or other person in charge of any school or new text end 133.21 new text begin place of practice of a profession regulated by the board, (i) failed to supply in a sanitary new text end 133.22 new text begin manner clean hot and cold water in quantities necessary to conduct the service or practice new text end 133.23 new text begin of the profession regulated by the board, (ii) failed to have water and sewer connections new text end 133.24 new text begin from the place of practice or school with municipal water and sewer systems where they new text end 133.25 new text begin are available for use, or (iii) failed or refused to maintain a receptacle for hot water of a new text end 133.26 new text begin capacity of at least five gallons; new text end 133.27 new text begin (17) refused to permit the board to make an inspection permitted or required by this new text end 133.28 new text begin chapter, or failed to provide the board or the attorney general on behalf of the board new text end 133.29 new text begin with any documents or records they request; new text end 133.30 new text begin (18) failed promptly to renew a license or registration when remaining in practice, new text end 133.31 new text begin pay the required fee, or issue a worthless check; new text end 133.32 new text begin (19) failed to supervise an apprentice, or permitted the practice of a profession new text end 133.33 new text begin regulated by the board by a person not registered or licensed with the board or not holding new text end 133.34 new text begin a temporary permit; new text end 133.35 new text begin (20) refused to serve a customer because of race, color, creed, religion, disability, new text end 133.36 new text begin national origin, or sex; new text end 134.1 new text begin (21) failed to comply with a provision of chapter 141 or a provision of another new text end 134.2 new text begin chapter that relates to schools; or new text end 134.3 new text begin (22) with respect to temporary suspension orders, has committed an act, engaged new text end 134.4 new text begin in conduct, or committed practices that the board, or complaint committee if authorized new text end 134.5 new text begin by the board, has determined may result or may have resulted in an immediate threat new text end 134.6 new text begin to the public. new text end 134.7 new text begin (b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a new text end 134.8 new text begin condition of continued licensure or registration, termination of suspension, reinstatement new text end 134.9 new text begin of licensure or registration, examination, or release of examination results, require that new text end 134.10 new text begin the person: new text end 134.11 new text begin (1) submit to a quality review of the person's ability, skills, or quality of work, new text end 134.12 new text begin conducted in a manner and by a person or entity that the board determines; or new text end 134.13 new text begin (2) completes to the board's satisfaction continuing education as the board requires. new text end 134.14 new text begin (c) Service of an order under this subdivision is effective if the order is served in new text end 134.15 new text begin person, or is served by certified mail to the most recent address provided to the board by new text end 134.16 new text begin the licensee, registrant, applicant, or counsel of record. The order must state the reason new text end 134.17 new text begin for the entry of the order. new text end 134.18 new text begin (d) Except as provided in subdivision 5, paragraph (c), all hearings under this new text end 134.19 new text begin subdivision must be conducted in accordance with the Administrative Procedure Act. new text end 134.20     new text begin Subd. 5. new text end new text begin Temporary suspension. new text end new text begin (a) When the board, or complaint committee if new text end 134.21 new text begin authorized by the board, issues a temporary suspension order, the suspension provided for new text end 134.22 new text begin in the order is effective on service of a written copy of the order on the licensee, registrant, new text end 134.23 new text begin or counsel of record. The order must specify the statute, rule, or order violated by the new text end 134.24 new text begin licensee or registrant. The order remains in effect until the board issues a final order in the new text end 134.25 new text begin matter after a hearing, or on agreement between the board and the licensee or registrant. new text end 134.26 new text begin (b) An order under this subdivision may (1) prohibit the licensee or registrant from new text end 134.27 new text begin engaging in the practice of a profession regulated by the board in whole or in part, as the new text end 134.28 new text begin facts require, and (2) condition the termination of the suspension on compliance with a new text end 134.29 new text begin statute, rule, or order that the board has adopted or issued or is empowered to enforce. new text end 134.30 new text begin The order must state the reasons for entering the order and must set forth the right to new text end 134.31 new text begin a hearing as provided in this subdivision. new text end 134.32 new text begin (c) Within ten days after service of an order under this subdivision, the licensee or new text end 134.33 new text begin registrant may request a hearing in writing. The board must hold a hearing before its own new text end 134.34 new text begin members within five working days of the request for a hearing. The sole issue at the new text end 134.35 new text begin hearing must be whether there is a reasonable basis to continue, modify, or terminate the new text end 134.36 new text begin temporary suspension. The hearing is not subject to the Administrative Procedure Act. new text end 135.1 new text begin Evidence presented to the board or the licensee or registrant may be in affidavit form only. new text end 135.2 new text begin The licensee, registrant, or counsel of record may appear for oral argument. new text end 135.3 new text begin (d) Within five working days after the hearing, the board shall issue its order and, if new text end 135.4 new text begin the order continues the suspension, shall schedule a contested case hearing within 30 days new text end 135.5 new text begin of the issuance of the order. Notwithstanding any rule to the contrary, the administrative new text end 135.6 new text begin law judge shall issue a report within 30 days after the closing of the contested case hearing new text end 135.7 new text begin record. The board shall issue a final order within 30 days of receiving the report. new text end 135.8     new text begin Subd. 6. new text end new text begin Violations; penalties; costs. new text end new text begin (a) The board may impose a civil penalty of new text end 135.9 new text begin up to $2,000 per violation on a person who violates a statute, rule, or order that the board new text end 135.10 new text begin has adopted or issued or is empowered to enforce. new text end 135.11 new text begin (b) In addition to any penalty under paragraph (a), the board may impose a fee new text end 135.12 new text begin to reimburse the board for all or part of the cost of (1) the proceedings resulting in new text end 135.13 new text begin disciplinary action authorized under this section, (2) the imposition of a civil penalty under new text end 135.14 new text begin paragraph (a), or (3) the issuance of a cease and desist order. The board may impose a new text end 135.15 new text begin fee under this paragraph when the board shows that the position of the person who has new text end 135.16 new text begin violated a statute, rule, or order that the board has adopted or issued or is empowered to new text end 135.17 new text begin enforce is not substantially justified unless special circumstances make such a fee unjust, new text end 135.18 new text begin notwithstanding any rule to the contrary. Costs under this paragraph include, but are not new text end 135.19 new text begin limited to, the amount paid by the board for services from the Office of Administrative new text end 135.20 new text begin Hearings, attorney fees, court reporter costs, witness costs, reproduction of records, board new text end 135.21 new text begin members' compensation, board staff time, and expenses incurred by board members and new text end 135.22 new text begin staff. new text end 135.23 new text begin (c) All hearings under this subdivision must be conducted in accordance with the new text end 135.24 new text begin Administrative Procedure Act. new text end 135.25     new text begin Subd. 7. new text end new text begin Reinstatement. new text end new text begin Upon petition of the former or suspended licensee or new text end 135.26 new text begin registrant, the board may reinstate a suspended, revoked, or surrendered license or new text end 135.27 new text begin registration. The board may in its sole discretion place any conditions on reinstatement of new text end 135.28 new text begin a suspended, revoked, or surrendered license or registration that it finds appropriate and new text end 135.29 new text begin necessary to ensure that the purposes of this chapter are met. No license or registration new text end 135.30 new text begin may be reinstated until the former licensee or registrant has completed at least one-half new text end 135.31 new text begin of the suspension period. new text end 135.32    Sec. 14. new text begin [155A.20] BOARD OF COSMETOLOGIST EXAMINERS CREATED; new text end 135.33 new text begin TERMS. new text end 136.1 new text begin (a) A Board of Cosmetologist Examiners is established to consist of three new text end 136.2 new text begin cosmetologist members and one public member, as defined in section 214.02, appointed new text end 136.3 new text begin by the governor. new text end 136.4 new text begin (b) All cosmetologist members must be currently licensed in the field of cosmetology, new text end 136.5 new text begin manicuring, or esthetology, in Minnesota, have practiced in the licensed occupation for new text end 136.6 new text begin at least five years immediately prior to their appointment, be graduates from grade 12 new text end 136.7 new text begin of high school or have equivalent education, and have knowledge of sections new text end new text begin new text end 136.8 new text begin to new text end new text begin and Minnesota Rules, chapters 2105 and 2110. The cosmetologist members new text end 136.9 new text begin shall be members of, or recommended by, a professional organization of cosmetologists, new text end 136.10 new text begin manicurists, or estheticians. new text end 136.11 new text begin (c) Membership terms, compensation of members, removal of members, the filling new text end 136.12 new text begin of membership vacancies, and fiscal year and reporting requirements shall be as provided new text end 136.13 new text begin in sections new text end new text begin to new text end new text begin . The provision of staff, administrative services, and office new text end 136.14 new text begin space; the review and processing of complaints; the setting of board fees; and other new text end 136.15 new text begin provisions relating to board operations shall be as provided in chapter 214. new text end 136.16 new text begin (d) Members appointed to fill vacancies caused by death, resignation, or removal new text end 136.17 new text begin shall serve during the unexpired term of their predecessors. new text end 136.18    Sec. 15. new text begin [155A.21] SPECIAL EVENTS. new text end 136.19     new text begin Subdivision 1. new text end new text begin Special event services. new text end new text begin For purposes of this section, "special event new text end 136.20 new text begin services" means services rendered for compensation and performed at a location other new text end 136.21 new text begin than a licensed salon. These services include, but are not limited to, the practice of new text end 136.22 new text begin nonpermanent manipulation of the hair, such as styling, setting, reinforcing, or extending new text end 136.23 new text begin the hair; the application of nail polish to the nails; and the application of makeup to the new text end 136.24 new text begin skin. new text end 136.25     new text begin Subd. 2. new text end new text begin Special event services permit. new text end new text begin (a) No person shall perform special event new text end 136.26 new text begin services without first obtaining a special event services permit from the board. To be new text end 136.27 new text begin eligible for a special event services permit, a person must have a valid manager's license new text end 136.28 new text begin issued by the board under the authority of section 154.46. new text end 136.29 new text begin (b) An individual applying for a special event services permit must submit to the new text end 136.30 new text begin board, on a form approved by the board, an application for a special event services permit. new text end 136.31 new text begin (c) An individual providing services under a special event services permit may only new text end 136.32 new text begin perform services within the individual's specific field of licensure and as defined by the new text end 136.33 new text begin permit. The services provided pursuant to the special event services permit must comply new text end 136.34 new text begin with the requirements of this chapter and all federal, state, and local laws. new text end 137.1    Sec. 16. Minnesota Statutes 2008, section 178.02, subdivision 2, is amended to read: 137.2    Subd. 2. Terms. The board shall new text begin not new text end expire new text begin . new text end and The terms, compensation, and 137.3removal of appointed members shall be as provided in section 15.059. 137.4    Sec. 17. Minnesota Statutes 2008, section 181.723, is amended by adding a subdivision 137.5to read: 137.6     new text begin Subd. 17. new text end new text begin Advisory task force on employee misclassification. new text end new text begin (a) The new text end 137.7 new text begin commissioner of the Department of Labor and Industry shall appoint an advisory task new text end 137.8 new text begin force on employee misclassification and "off-the-books" payment of workers in the new text end 137.9 new text begin construction industry. The advisory task force shall consist of the following members: new text end 137.10 new text begin (1) the commissioner of the Department of Labor and Industry or designee; new text end 137.11 new text begin (2) the commissioner of the Department of Employment and Economic Development new text end 137.12 new text begin or designee; new text end 137.13 new text begin (3) the commissioner of the Department of Revenue or designee; new text end 137.14 new text begin (4) the attorney general or designee; new text end 137.15 new text begin (5) a representative appointed by the Minnesota County Attorneys Association; new text end 137.16 new text begin (6) two members who are members of a labor organization that represents members new text end 137.17 new text begin who perform public or private sector commercial or residential building construction new text end 137.18 new text begin or improvement services; new text end 137.19 new text begin (7) one member who is a general contractor or a representative of general contractors new text end 137.20 new text begin that performs public or private sector commercial building construction or improvement new text end 137.21 new text begin services; new text end 137.22 new text begin (8) one member who is a general contractor or a representative of general contractors new text end 137.23 new text begin that performs public or private sector residential building construction or improvement new text end 137.24 new text begin services; new text end 137.25 new text begin (9) one member who is a subcontractor or a representative of subcontractors that new text end 137.26 new text begin performs public or private sector commercial building construction or improvement new text end 137.27 new text begin services; new text end 137.28 new text begin (10) one member who is a subcontractor or a representative of subcontractors new text end 137.29 new text begin that performs public or private sector residential building construction or improvement new text end 137.30 new text begin services; and new text end 137.31 new text begin (11) up to three additional members who perform public or private sector commercial new text end 137.32 new text begin or residential building and construction or improvement services including one member new text end 137.33 new text begin who is an independent contractor with a current independent contractor certificate; one new text end 137.34 new text begin member who is a limited liability corporation; and one member who is an employee. new text end 138.1 new text begin The commissioner of the Department of Labor and Industry or designee shall serve new text end 138.2 new text begin as the advisory task force chair. The advisory task force shall meet on a regular basis. new text end 138.3 new text begin (b) The advisory task force shall have the following duties: new text end 138.4 new text begin (1) advise the commissioner on the development, implementation, and coordination new text end 138.5 new text begin of enforcement activities, including information sharing and joint investigation and new text end 138.6 new text begin prosecution of persons who violate laws under the jurisdiction of the Department of new text end 138.7 new text begin Labor and Industry, Department of Employment and Economic Development, and the new text end 138.8 new text begin Department of Revenue; and new text end 138.9 new text begin (2) advise the commissioner on the development and adoption of necessary new text end 138.10 new text begin legislation, regulations, policies, and procedures. new text end 138.11 new text begin (c) The advisory task force shall expire and the terms, compensation, and removal of new text end 138.12 new text begin members shall be as provided in section 15.059, subdivision 6. new text end 138.13 new text begin (d) The advisory task force shall, prior to its expiration, report to the legislature a new text end 138.14 new text begin summary of the advice it provided to the commissioner. new text end 138.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 138.16    Sec. 18. Minnesota Statutes 2008, section 182.656, subdivision 3, is amended to read: 138.17    Subd. 3. Meetings; expiration of council. A majority of the council members 138.18constitutes a quorum. The council shall meet at the call of its chair, or upon request of any 138.19six members. A tape recording of the meeting with the tape being retained for a one-year 138.20period will be available upon the request and payment of costs to any interested party. The 138.21council shall expire and the terms, compensation, and removal of members shall be as 138.22provided in section 15.059, except that the council shall not expire before June 30, 2003. 138.23    Sec. 19. Minnesota Statutes 2008, section 214.01, subdivision 3, is amended to read: 138.24    Subd. 3. Non-health-related licensing board. "Non-health-related licensing 138.25board" means the Board of Teaching established pursuant to section 122A.07, the Board 138.26of Barber Examiners established pursuant to section 154.001, new text begin the Board of Cosmetologist new text end 138.27 new text begin Examiners established pursuant to section 155A.20, new text end the Board of Assessors established 138.28pursuant to section 270.41, the Board of Architecture, Engineering, Land Surveying, 138.29Landscape Architecture, Geoscience, and Interior Design established pursuant to section 138.30326.04 , the Private Detective and Protective Agent Licensing Board established pursuant 138.31to section 326.33, the Board of Accountancy established pursuant to section 326A.02, and 138.32the Peace Officer Standards and Training Board established pursuant to section 626.841. 138.33    Sec. 20. Minnesota Statutes 2008, section 214.04, subdivision 3, is amended to read: 139.1    Subd. 3. Officers; staff. The executive director of each health-related board and 139.2the executive secretary of each non-health-related board shall be the chief administrative 139.3officer for the board but shall not be a member of the board. The executive director or 139.4executive secretary shall maintain the records of the board, account for all fees received 139.5by it, supervise and direct employees servicing the board, and perform other services as 139.6directed by the board. The executive directors, executive secretaries, and other employees 139.7of the following boards shall be hired by the board, and the executive directors or executive 139.8secretaries shall be in the unclassified civil service, except as provided in this subdivision: 139.9    (1) Dentistry; 139.10    (2) Medical Practice; 139.11    (3) Nursing; 139.12    (4) Pharmacy; 139.13    (5) Accountancy; 139.14    (6) Architecture, Engineering, Land Surveying, Landscape Architecture, 139.15Geoscience, and Interior Design; 139.16    (7) Barber Examiners; 139.17    (8) Cosmetology new text begin Cosmetologist Examiners new text end ; 139.18    (9) Teaching; 139.19    (10) Peace Officer Standards and Training; 139.20    (11) Social Work; 139.21    (12) Marriage and Family Therapy; 139.22    (13) Dietetics and Nutrition Practice; 139.23    (14) Licensed Professional Counseling; and 139.24    (15) Combative Sports Commission. 139.25    The executive directors or executive secretaries serving the boards are hired by those 139.26boards and are in the unclassified civil service, except for part-time executive directors 139.27or executive secretaries, who are not required to be in the unclassified service. Boards 139.28not requiring full-time executive directors or executive secretaries may employ them on 139.29a part-time basis. To the extent practicable, the sharing of part-time executive directors 139.30or executive secretaries by boards being serviced by the same department is encouraged. 139.31Persons providing services to those boards not listed in this subdivision, except executive 139.32directors or executive secretaries of the boards and employees of the attorney general, are 139.33classified civil service employees of the department servicing the board. To the extent 139.34practicable, the commissioner shall ensure that staff services are shared by the boards 139.35being serviced by the department. If necessary, a board may hire part-time, temporary 139.36employees to administer and grade examinations. 140.1    Sec. 21. Minnesota Statutes 2008, section 216B.1612, subdivision 2, is amended to 140.2read: 140.3    Subd. 2. Definitions. (a) The terms used in this section have the meanings given 140.4them in this subdivision. 140.5    (b) "C-BED tariff" or "tariff" means a community-based energy development tariff. 140.6    (c) "Qualifying owner" means: 140.7    (1) a Minnesota resident; 140.8    (2) a limited liability company that is organized under chapter 322B and that is made 140.9up of members who are Minnesota residents; 140.10    (3) a Minnesota nonprofit organization organized under chapter 317A; 140.11    (4) a Minnesota cooperative association organized under chapter 308A or 308B, 140.12including a rural electric cooperative association or a generation and transmission 140.13cooperative on behalf of and at the request of a member distribution utility; 140.14    (5) a Minnesota political subdivision or local government including, but not limited 140.15to, a municipal electric utility, or a municipal power agency on behalf of and at the request 140.16of a member distribution utility, new text begin the office of the commissioner of Iron Range resources new text end 140.17 new text begin and rehabilitation, new text end a county, statutory or home rule charter city, town, school district, or 140.18public or private higher education institution or any other local or regional governmental 140.19organization such as a board, commission, or association; or 140.20    (6) a tribal council. 140.21    (d) "Net present value rate" means a rate equal to the net present value of the 140.22nominal payments to a project divided by the total expected energy production of the 140.23project over the life of its power purchase agreement. 140.24    (e) "Standard reliability criteria" means: 140.25    (1) can be safely integrated into and operated within the utility's grid without causing 140.26any adverse or unsafe consequences; and 140.27    (2) is consistent with the utility's resource needs as identified in its most recent 140.28resource plan submitted under section 216B.2422. 140.29    (f) "Renewable" refers to a technology listed in section 216B.1691, subdivision 1, 140.30paragraph (a). 140.31    (g) "Community-based energy development project" or "C-BED project" means a 140.32new renewable energy project that either as a stand-alone project or part of a partnership 140.33under subdivision 8: 140.34    (1) has no single qualifying owner owning more than 15 percent of a C-BED wind 140.35energy project unless: (i) the C-BED wind energy project consists of only one or two 141.1turbines; or (ii) the qualifying owner is a public entity listed under paragraph (c), clause 141.2(5), that is not a municipal utility; 141.3    (2) demonstrates that at least 51 percent of the gross revenues from a power 141.4purchase agreement over the life of the project will flow to qualifying owners and other 141.5local entities; and 141.6    (3) has a resolution of support adopted by the county board of each county in which 141.7the project is to be located, or in the case of a project located within the boundaries of a 141.8reservation, the tribal council for that reservation. 141.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 141.10    Sec. 22. Minnesota Statutes 2008, section 298.2213, subdivision 5, is amended to read: 141.11    Subd. 5. Advisory committees. Before submission to the board of a proposal for a 141.12project for expenditure of money appropriated under this section, the commissioner of Iron 141.13Range resources and rehabilitation shall appoint a technical advisory committee consisting 141.14of at least seven persons who are knowledgeable in areas related to the objectives of 141.15the proposal. If the project involves investment in a scientific research proposal, at 141.16least four of the committee members must be knowledgeable in the specific scientific 141.17research area relating to the project. Members of the committees must be compensated as 141.18provided in section 15.059, subdivision 3. The board shall not act on a proposal until it 141.19has received the evaluation and recommendations of the technical advisory committee. 141.20 new text begin Notwithstanding section 15.059, the committees do not expire. new text end 141.21    Sec. 23. Minnesota Statutes 2008, section 298.2214, subdivision 1, is amended to read: 141.22    Subdivision 1. Creation of committee; purpose. A committee is created to 141.23advise the commissioner of Iron Range resources and rehabilitation on providing higher 141.24education programs in the taconite assistance area defined in section 273.1341. The 141.25committee is subject to section 15.059 new text begin but does not expire new text end . 141.26    Sec. 24. Minnesota Statutes 2008, section 298.297, is amended to read: 141.27298.297 ADVISORY COMMITTEES. 141.28Before submission of a project to the board, the commissioner of Iron Range 141.29resources and rehabilitation shall appoint a technical advisory committee consisting of 141.30one or more persons who are knowledgeable in areas related to the objectives of the 141.31proposal. Members of the committees shall be compensated as provided in section 15.059, 141.32subdivision 3 . The board shall not act on a proposal until it has received the evaluation 142.1and recommendations of the technical advisory committee or until 15 days have elapsed 142.2since the proposal was transmitted to the advisory committee, whichever occurs first. 142.3 new text begin Notwithstanding section 15.059, the committees do not expire. new text end 142.4    Sec. 25. new text begin TRANSFER OF AUTHORITY AND STAFF. new text end 142.5     new text begin Subdivision 1. new text end new text begin Transfer of authority. new text end new text begin (a) The responsibilities of the Board of new text end 142.6 new text begin Barber and Cosmetologist Examiners covered in Minnesota Statutes 2008, sections new text end 142.7 new text begin 154.001 to 154.26, are transferred under Minnesota Statutes, section 15.039, to the Board new text end 142.8 new text begin of Barber Examiners. new text end 142.9 new text begin (b) The responsibilities of the Board of Barber and Cosmetologist Examiners new text end 142.10 new text begin covered in Minnesota Statutes 2008, sections 154.40 to 154.54, are transferred under new text end 142.11 new text begin Minnesota Statutes, section 15.039, to the Board of Cosmetologist Examiners. new text end 142.12     new text begin Subd. 2. new text end new text begin Rulemaking. new text end new text begin Rulemaking authority pursuant to Minnesota Statutes new text end 142.13 new text begin 2008, sections 154.001 to 154.26, of the Board of Barber and Cosmetologist Examiners new text end 142.14 new text begin is transferred to the Board of Barber Examiners. Rulemaking authority pursuant to new text end 142.15 new text begin Minnesota Statutes 2008, sections 154.40 to 154.54, of the Board of Barber and new text end 142.16 new text begin Cosmetologist Examiners is transferred to the Board of Cosmetologist Examiners. All new text end 142.17 new text begin rules adopted by the Board of Barber and Cosmetologist Examiners in Minnesota Rules, new text end 142.18 new text begin chapter 2100, remain in effect and shall be enforced until amended or repealed according new text end 142.19 new text begin to law by the Board of Barber Examiners. All rules adopted by the Board of Barber new text end 142.20 new text begin and Cosmetologist Examiners in Minnesota Rules, chapters 2105 and 2110, remain in new text end 142.21 new text begin effect and shall be enforced until amended or repealed according to law by the Board of new text end 142.22 new text begin Cosmetologist Examiners. new text end 142.23     new text begin Subd. 3. new text end new text begin Transfer of board members. new text end new text begin The board members serving in unexpired new text end 142.24 new text begin terms appointed to the Board of Barber and Cosmetologist Examiners pursuant to new text end 142.25 new text begin Minnesota Statutes 2008, section 154.001, paragraph (b), shall be appointed to serve the new text end 142.26 new text begin remainder of their terms as members of the Board of Barber Examiners, notwithstanding new text end 142.27 new text begin the requirements of Minnesota Statutes, section 154.001, subdivision 2. The board new text end 142.28 new text begin members serving in unexpired terms appointed to the Board of Barber and Cosmetologist new text end 142.29 new text begin Examiners pursuant to Minnesota Statutes 2008, section 154.001, paragraph (c), shall be new text end 142.30 new text begin appointed to serve the remainder of their terms as members of the Board of Cosmetologist new text end 142.31 new text begin Examiners, notwithstanding the requirements of Minnesota Statutes, section 155A.20. new text end 142.32     new text begin Subd. 4. new text end new text begin Transfer of staff. new text end new text begin (a) The staff of the Board of Barber and Cosmetologist new text end 142.33 new text begin Examiners is transferred to the Board of Barber Examiners and the Board of Cosmetologist new text end 142.34 new text begin Examiners under Minnesota Statutes, section 15.039, according to the requirements of new text end 142.35 new text begin paragraph (b). In addition to any other protection, no employee shall suffer job loss, new text end 143.1 new text begin have a salary reduced, or have employment benefits reduced as a result of the transfer new text end 143.2 new text begin of authority from the Board of Barber and Cosmetologist Examiners recommended or new text end 143.3 new text begin mandated by this section. No action taken after January 1, 2010, shall be considered a new text end 143.4 new text begin result of the transfer of authority for the purposes of this section. new text end 143.5 new text begin (b) On or before June 1, 2009, the Board of Barber and Cosmetologist Examiners new text end 143.6 new text begin must designate to which board each employee will transfer to under paragraph (a), and the new text end 143.7 new text begin board must notify each affected employee of the designation in writing. new text end 143.8     new text begin Subd. 5. new text end new text begin Exemption from hiring freeze. new text end new text begin Notwithstanding any law, policy, or new text end 143.9 new text begin executive order that restricts the hiring of new employees or institutes a hiring freeze, the new text end 143.10 new text begin Board of Barber Examiners and the Board of Cosmetologist Examiners may hire staff new text end 143.11 new text begin necessary to accomplish their statutory duties. This exemption expires on December new text end 143.12 new text begin 31, 2009. new text end 143.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, except that the new text end 143.14 new text begin requirements of subdivision 4, paragraph (b), are effective the day following final new text end 143.15 new text begin enactment. new text end 143.16    Sec. 26. new text begin REVISOR'S INSTRUCTION. new text end 143.17 new text begin (a) The revisor of statutes shall delete "Board of Barber and Cosmetologist new text end 143.18 new text begin Examiners" and substitute "board" or "Board of Barber Examiners," as appropriate, new text end 143.19 new text begin wherever it appears in Minnesota Statutes, sections 154.001 to 154.26, and Minnesota new text end 143.20 new text begin Rules, chapter 2100. new text end 143.21 new text begin (b) The revisor of statutes shall delete "Board of Barber and Cosmetologist new text end 143.22 new text begin Examiners" and substitute "board" or "Board of Cosmetologist Examiners," as appropriate, new text end 143.23 new text begin wherever it appears in Minnesota Statutes, sections 154.40 to 154.54, and Minnesota new text end 143.24 new text begin Rules, chapters 2105 and 2110. new text end 143.25 new text begin (c) The revisor of statutes shall renumber each section of Minnesota Statutes listed new text end 143.26 new text begin in column A with the number listed in column B. The revisor shall also make necessary new text end 143.27 new text begin cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the new text end 143.28 new text begin renumbering. new text end 143.29 new text begin Column A new text end new text begin Column B new text end 143.30 new text begin 154.40 new text end new text begin 155A.21 new text end 143.31 new text begin 154.41 new text end new text begin 155A.22 new text end 143.32 new text begin 154.42 new text end new text begin 155A.23 new text end 143.33 new text begin 154.43 new text end new text begin 155A.24 new text end 143.34 new text begin 154.44 new text end new text begin 155A.25 new text end 143.35 new text begin 154.45 new text end new text begin 155A.26 new text end 143.36 new text begin 154.46 new text end new text begin 155A.27 new text end 144.1 new text begin 154.465 new text end new text begin 155A.28 new text end 144.2 new text begin 154.47 new text end new text begin 155A.29 new text end 144.3 new text begin 154.48 new text end new text begin 155A.30 new text end 144.4 new text begin 154.49 new text end new text begin 155A.31 new text end 144.5 new text begin 154.50 new text end new text begin 155A.32 new text end 144.6 new text begin 154.51 new text end new text begin 155A.33 new text end 144.7 new text begin 154.52 new text end new text begin 155A.34 new text end 144.8 new text begin 154.53 new text end new text begin 155A.35 new text end 144.9 new text begin 154.54 new text end new text begin 155A.36 new text end 144.10ARTICLE 7 144.11IRON RANGE RESOURCES 144.12    Section 1. Minnesota Statutes 2008, section 116J.424, is amended to read: 144.13116J.424 IRON RANGE RESOURCES AND REHABILITATION BOARD 144.14CONTRIBUTION. 144.15The commissioner of the Iron Range Resources and Rehabilitation Board with 144.16approval of the board new text begin by at least seven Iron Range Resources and Rehabilitation Board new text end 144.17 new text begin members, new text end shall provide an equal match for any loan or equity investment made for a 144.18facility located in the tax relief area defined in section 273.134, paragraph (b), by the 144.19Minnesota minerals 21st century fund created by section 116J.423. The match may be 144.20in the form of a loan or equity investment, notwithstanding whether the fund makes a 144.21loan or equity investment. The state shall not acquire an equity interest because of an 144.22equity investment or loan by the board and the board at its sole discretion shall decide 144.23what interest it acquires in a project. The commissioner of employment and economic 144.24development may require a commitment from the board to make the match prior to 144.25disbursing money from the fund. 144.26    Sec. 2. new text begin [298.217] IRON RANGE RESOURCES AND REHABILITATION; new text end 144.27 new text begin EARLY SEPARATION INCENTIVE PROGRAM AUTHORIZATION. new text end 144.28 new text begin (a) Notwithstanding any law to the contrary, the commissioner of Iron Range new text end 144.29 new text begin resources and rehabilitation, in consultation with the commissioner of management and new text end 144.30 new text begin budget, may offer a targeted early separation incentive program for employees of the new text end 144.31 new text begin commissioner who have attained the age of 60 years or who have received credit for at new text end 144.32 new text begin least 30 years of allowable service under the provisions of chapter 352. new text end 144.33 new text begin (b) The early separation incentive program may include one or more of the following: new text end 144.34 new text begin (1) employer-paid postseparation health, medical, and dental insurance until age new text end 144.35 new text begin 65; and new text end 145.1 new text begin (2) cash incentives that may, but are not required to be, used to purchase additional new text end 145.2 new text begin years of service credit through the Minnesota State Retirement System, to the extent that new text end 145.3 new text begin the purchases are otherwise authorized by law. new text end 145.4 new text begin (c) The commissioner of Iron Range resources and rehabilitation shall establish new text end 145.5 new text begin eligibility requirements for employees to receive an incentive. new text end 145.6 new text begin (d) The commissioner of Iron Range resources and rehabilitation, consistent with the new text end 145.7 new text begin established program provisions under paragraph (b), and with the eligibility requirements new text end 145.8 new text begin under paragraph (c), may designate specific programs or employees as eligible to be new text end 145.9 new text begin offered the incentive program. new text end 145.10 new text begin (e) Acceptance of the offered incentive must be voluntary on the part of the new text end 145.11 new text begin employee and must be in writing. The incentive may only be offered at the sole discretion new text end 145.12 new text begin of the commissioner of Iron Range resources and rehabilitation. new text end 145.13 new text begin (f) The cost of the incentive is payable solely by funds made available to the new text end 145.14 new text begin commissioner of Iron Range resources and rehabilitation by law, but only on prior approval new text end 145.15 new text begin of the expenditures by a majority of the Iron Range Resources and Rehabilitation Board. new text end 145.16 new text begin (g) This section and section 298.218 are repealed June 30, 2011. new text end 145.17    Sec. 3. new text begin [298.218] APPLICATION OF OTHER LAWS. new text end 145.18 new text begin Unilateral implementation of section 298.217 by the commissioner of Iron Range new text end 145.19 new text begin resources and rehabilitation is not an unfair labor practice under chapter 179A. new text end 145.20    Sec. 4. Minnesota Statutes 2008, section 298.22, subdivision 2, is amended to read: 145.21    Subd. 2. Iron Range Resources and Rehabilitation Board. There is hereby 145.22created the Iron Range Resources and Rehabilitation Board, consisting of 13 members, 145.23five of whom are state senators appointed by the Subcommittee on Committees of the 145.24Rules Committee of the senate, and five of whom are representatives, appointed by the 145.25speaker of the house. The remaining members shall be appointed one each by the senate 145.26majority leader, the speaker of the house, and the governor and must be nonlegislators 145.27who reside in a taconite assistance area as defined in section 273.1341. The members shall 145.28be appointed in January of every odd-numbered year, except that the initial nonlegislator 145.29members shall be appointed by July 1, 1999, and shall serve until January of the next 145.30odd-numbered year. Vacancies on the board shall be filled in the same manner as the 145.31original members were chosen. At least a majority of the legislative members of the board 145.32shall be elected from state senatorial or legislative districts in which over 50 percent 145.33of the residents reside within a taconite assistance area as defined in section 273.1341. 145.34All expenditures and projects made by the commissioner of Iron Range resources and 146.1rehabilitation shall be consistent with the priorities established in subdivision 8 and shall 146.2first be submitted to the Iron Range Resources and Rehabilitation Board for approval new text begin of new text end 146.3 new text begin expenditures and projects for rehabilitation purposes as provided by this section, and new text end 146.4 new text begin the method, manner, and time of payment of all funds proposed to be disbursed, new text end by a 146.5majority of the board of expenditures and projects for rehabilitation purposes as provided 146.6by this section, and the method, manner, and time of payment of all funds proposed to be 146.7disbursed shall be first approved or disapproved by the board new text begin at least seven Iron Range new text end 146.8 new text begin Resources and Rehabilitation Board members new text end . The board shall biennially make its report 146.9to the governor and the legislature on or before November 15 of each even-numbered 146.10year. The expenses of the board shall be paid by the state from the funds raised pursuant to 146.11this section. Members of the board who are legislators may be reimbursed for expenses 146.12in the manner provided in sections 3.099, subdivision 1, and 3.101, and may receive per 146.13diem payments during the interims between legislative sessions in the manner provided 146.14in section 3.099, subdivision 1. Members of the board who are not legislators may 146.15receive per diem payments and be reimbursed for expenses at the lowest rate provided 146.16for legislative members. 146.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 146.18    Sec. 5. Minnesota Statutes 2008, section 298.22, subdivision 5a, is amended to read: 146.19    Subd. 5a. Forest trust. The commissioner, upon the affirmative vote of a majority 146.20of the members of the board, new text begin of at least seven Iron Range Resources and Rehabilitation new text end 146.21 new text begin Board members, new text end may purchase forest lands in the taconite assistance area defined in under 146.22section 273.1341 with funds specifically authorized for the purchase. The acquired forest 146.23lands must be held in trust for the benefit of the citizens of the taconite assistance area 146.24as the Iron Range Miners' Memorial Forest. The forest trust lands shall be managed and 146.25developed for recreation and economic development purposes. The commissioner, upon 146.26the affirmative vote of a majority of the members of the board, new text begin of at least seven Iron Range new text end 146.27 new text begin Resources and Rehabilitation Board members, new text end may sell forest lands purchased under this 146.28subdivision if the board finds that the sale advances the purposes of the trust. Proceeds 146.29derived from the management or sale of the lands and from the sale of timber or removal 146.30of gravel or other minerals from these forest lands shall be deposited into an Iron Range 146.31Miners' Memorial Forest account that is established within the state financial accounts. 146.32Funds may be expended from the account upon approval of a majority of the members 146.33of the board new text begin by at least seven Iron Range Resources and Rehabilitation Board members, new text end 146.34to purchase, manage, administer, convey interests in, and improve the forest lands. By 146.35majority new text begin an affirmative new text end vote of the members of the board, new text begin of at least seven Iron Range new text end 147.1 new text begin Resources and Rehabilitation Board members, new text end money in the Iron Range Miners' Memorial 147.2Forest account may be transferred into the corpus of the Douglas J. Johnson economic 147.3protection trust fund established under sections 298.291 to 298.294. The property acquired 147.4under the authority granted by this subdivision and income derived from the property or 147.5the operation or management of the property are exempt from taxation by the state or its 147.6political subdivisions while held by the forest trust. 147.7    Sec. 6. Minnesota Statutes 2008, section 298.22, subdivision 6, is amended to read: 147.8    Subd. 6. Private entity participation. The board may acquire an equity interest in 147.9any project for which it provides funding. The commissioner may establish, participate in 147.10the management of, and dispose of the assets of charitable foundations new text begin , nonprofit limited new text end 147.11 new text begin liability companies, new text end and nonprofit corporations associated with any project for which it 147.12provides funding, including specifically, but without limitation, a corporation within the 147.13meaning of section 317A.011, subdivision 6. 147.14    Sec. 7. Minnesota Statutes 2008, section 298.22, subdivision 7, is amended to read: 147.15    Subd. 7. Project area development authority. (a) In addition to the other powers 147.16granted in this section and other law and notwithstanding any limitations contained in 147.17subdivision 5, the commissioner, for purposes of fostering economic development and 147.18tourism within the Giants Ridge Recreation Area or the Ironworld Discovery Center area, 147.19may spend any money made available to the agency under section 298.28 to acquire real 147.20or personal property or interests therein by gift, purchase, or lease and may convey by 147.21lease, sale, or other means of conveyance or commitment any or all property interests 147.22owned or administered by the commissioner within such areas. 147.23(b) In furtherance of development of the Giants Ridge Recreation Area or the 147.24Ironworld Discovery Center area, the commissioner may establish and participate in 147.25charitable foundations new text begin , nonprofit limited liability companies, new text end and nonprofit corporations, 147.26including a corporation within the meaning of section 317A.011, subdivision 6. 147.27(c) The term "Giants Ridge recreation area" refers to an economic development 147.28project area established by the commissioner in furtherance of the powers delegated in this 147.29section within St. Louis County in the western new text begin following new text end portions of the town of White and 147.30in the eastern portion of the westerly, adjacent, unorganized township. new text begin city of Biwabik: new text end 147.31 new text begin Township 59 North, Range 15 West, Sections 7, 8, 17-20 and 29-32; new text end 147.32 new text begin Township 59 North, Range 16 West, Sections 12, 13, 24, 25, and 36; new text end 147.33 new text begin Township 58 North, Range 16 West, Section 1; and new text end 147.34 new text begin Township 58 North, Range 15 West, Sections 5 and 6. new text end 148.1(d) The term "Ironworld Discovery Center area" refers to new text begin means new text end an economic 148.2development and tourism promotion project area established by the commissioner in 148.3furtherance of the powers delegated in this section within St. Louis County in the south 148.4portion of the town of Balkan. 148.5    Sec. 8. Minnesota Statutes 2008, section 298.22, subdivision 8, is amended to read: 148.6    Subd. 8. Spending priority. In making or approving any expenditures on programs 148.7or projects, the commissioner and the board shall give the highest priority to programs 148.8and projects that target relief to those areas of the taconite assistance area as defined in 148.9section 273.1341, that have the largest percentages of job losses and population losses 148.10directly attributable to the economic downturn in the taconite industry since the 1980s. 148.11The commissioner and the board shall compare the 1980 population and employment 148.12figures with the 2000 population and employment figures, and shall specifically consider 148.13the job losses in 2000 and 2001 resulting from the closure of LTV Steel Mining Company, 148.14in making or approving expenditures consistent with this subdivision, as well as the areas 148.15of residence of persons who suffered job loss for which relief is to be targeted under this 148.16subdivision. The commissioner may lease, for a term not exceeding 50 years and upon 148.17the terms determined by the commissioner and approved by the board new text begin at least seven Iron new text end 148.18 new text begin Range Resources and Rehabilitation Board members new text end , surface and mineral interests owned 148.19or acquired by the state of Minnesota acting by and through the office of the commissioner 148.20of Iron Range resources and rehabilitation within those portions of the taconite assistance 148.21area affected by the closure of the LTV Steel Mining Company facility near Hoyt Lakes. 148.22The payments and royalties from these leases must be deposited into the fund established 148.23in section 298.292. This subdivision supersedes any other conflicting provisions of law 148.24and does not preclude the commissioner and the board from making expenditures for 148.25programs and projects in other areas. 148.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 148.27    Sec. 9. Minnesota Statutes 2008, section 298.22, subdivision 10, is amended to read: 148.28    Subd. 10. Sale or privatization of functions. The commissioner of Iron Range 148.29resources and rehabilitation may not sell or privatize the Ironworld Discovery Center or 148.30Giants Ridge Golf and Ski Resort without prior approval by a majority vote of the board new text begin at new text end 148.31 new text begin least seven Iron Range Resources and Rehabilitation Board members new text end . 148.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 149.1    Sec. 10. Minnesota Statutes 2008, section 298.22, subdivision 11, is amended to read: 149.2    Subd. 11. Budgeting. The commissioner of Iron Range resources and rehabilitation 149.3shall annually prepare a budget for operational expenditures, programs, and projects, and 149.4submit it to the Iron Range Resources and Rehabilitation Board and the governor for 149.5approval. After the budget is approved by the board new text begin at least seven Iron Range Resources new text end 149.6 new text begin and Rehabilitation Board members new text end and the governor, the commissioner may spend money 149.7in accordance with the approved budget. 149.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 149.9    Sec. 11. Minnesota Statutes 2008, section 298.221, is amended to read: 149.10298.221 RECEIPTS FROM CONTRACTS; APPROPRIATION. 149.11(a) Except as provided in paragraph (c), all money paid to the state of Minnesota 149.12pursuant to the terms of any contract entered into by the state under authority of section 149.13298.22 and any fees which may, in the discretion of the commissioner of Iron Range 149.14resources and rehabilitation, be charged in connection with any project pursuant to that 149.15section as amended, shall be deposited in the state treasury to the credit of the Iron Range 149.16Resources and Rehabilitation Board account in the special revenue fund and are hereby 149.17appropriated for the purposes of section 298.22. 149.18(b) Notwithstanding section 16A.013, merchandise may be accepted by the 149.19commissioner of the Iron Range Resources and Rehabilitation Board for payment of 149.20advertising contracts if the commissioner determines that the merchandise can be used 149.21for special event prizes or mementos at facilities operated by the board. Nothing in this 149.22paragraph authorizes the commissioner or a member of the board to receive merchandise 149.23for personal use. 149.24(c) All fees charged by the commissioner in connection with public use of the 149.25state-owned ski and golf facilities at the Giants Ridge Recreation Area and all other 149.26revenues derived by the commissioner from the operation or lease of those facilities 149.27and from the lease, sale, or other disposition of undeveloped lands at the Giants Ridge 149.28Recreation Area must be deposited into an Iron Range Resources and Rehabilitation 149.29Board account that is created within the state enterprise fund. All funds deposited in the 149.30enterprise fund account are appropriated to the commissioner to be expended, subject 149.31to approval of a majority of the board, new text begin by at least seven Iron Range Resources and new text end 149.32 new text begin Rehabilitation Board members, new text end as follows: 149.33(1) to pay costs associated with the construction, equipping, operation, repair, or 149.34improvement of the Giants Ridge Recreation Area facilities or lands; 150.1(2) to pay principal, interest and associated bond issuance, reserve, and servicing 150.2costs associated with the financing of the facilities; and 150.3(3) to pay the costs of any other project authorized under section 298.22. 150.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 150.5    Sec. 12. Minnesota Statutes 2008, section 298.2211, subdivision 3, is amended to read: 150.6    Subd. 3. Project approval. All projects authorized by this section shall be 150.7submitted by the commissioner to the Iron Range Resources and Rehabilitation Board, 150.8which shall recommend approval or disapproval or modification of the projects new text begin for new text end 150.9 new text begin approval by at least seven Iron Range Resources and Rehabilitation Board members new text end . 150.10Prior to the commencement of a project involving the exercise by the commissioner of 150.11any authority of sections 469.174 to 469.179, the governing body of each municipality in 150.12which any part of the project is located and the county board of any county containing 150.13portions of the project not located in an incorporated area shall by majority vote approve 150.14or disapprove the project. Any project, as so approved by the board new text begin at least seven Iron new text end 150.15 new text begin Range Resources and Rehabilitation Board members new text end and the applicable governing bodies, 150.16if any, together with detailed information concerning the project, its costs, the sources of 150.17its funding, and the amount of any bonded indebtedness to be incurred in connection 150.18with the project, shall be transmitted to the governor, who shall approve, disapprove, or 150.19return the proposal for additional consideration within 30 days of receipt. No project 150.20authorized under this section shall be undertaken, and no obligations shall be issued and 150.21no tax increments shall be expended for a project authorized under this section until the 150.22project has been approved by the governor. 150.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 150.24    Sec. 13. Minnesota Statutes 2008, section 298.2213, subdivision 4, is amended to read: 150.25    Subd. 4. Project approval. The board and commissioner shall by August 1 each 150.26year prepare a list of projects to be funded from the money appropriated in this section 150.27with necessary supporting information including descriptions of the projects, plans, and 150.28cost estimates. A project must not be approved by the board unless it finds that: 150.29(1) the project will materially assist, directly or indirectly, the creation of additional 150.30long-term employment opportunities; 150.31(2) the prospective benefits of the expenditure exceed the anticipated costs; and 150.32(3) in the case of assistance to private enterprise, the project will serve a sound 150.33business purpose. 151.1 Each project must be approved by a majority of the new text begin at least seven new text end Iron Range 151.2Resources and Rehabilitation Board members and the commissioner of Iron Range 151.3resources and rehabilitation. The list of projects must be submitted to the governor, 151.4who shall, by November 15 of each year, approve, disapprove, or return for further 151.5consideration, each project. The money for a project may be spent only upon approval of 151.6the project by the governor. The board may submit supplemental projects for approval at 151.7any time. 151.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 151.9    Sec. 14. Minnesota Statutes 2008, section 298.2214, is amended by adding a 151.10subdivision to read: 151.11     new text begin Subd. 6. new text end new text begin Per diem. new text end new text begin Members of the committee may be reimbursed for expenses new text end 151.12 new text begin in the manner provided in section 298.22, subdivision 2. new text end 151.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 151.14    Sec. 15. Minnesota Statutes 2008, section 298.223, is amended to read: 151.15298.223 TACONITE AREA ENVIRONMENTAL PROTECTION FUND. 151.16    Subdivision 1. Creation; purposes. A fund called the taconite environmental 151.17protection fund is created for the purpose of reclaiming, restoring and enhancing those 151.18areas of northeast Minnesota located within the taconite assistance area defined in section 151.19273.1341 , that are adversely affected by the environmentally damaging operations 151.20involved in mining taconite and iron ore and producing iron ore concentrate and for the 151.21purpose of promoting the economic development of northeast Minnesota. The taconite 151.22environmental protection fund shall be used for the following purposes: 151.23(a) new text begin (1) new text end to initiate investigations into matters the Iron Range Resources and 151.24Rehabilitation Board determines are in need of study and which will determine the 151.25environmental problems requiring remedial action; 151.26(b) new text begin (2) new text end reclamation, restoration, or reforestation of mine lands not otherwise 151.27provided for by state law; 151.28(c) new text begin (3) new text end local economic development projects but only if those projects are approved 151.29by the board, new text begin at least seven Iron Range Resources and Rehabilitation Board members, new text end 151.30and public works, including construction of sewer and water systems located within the 151.31taconite assistance area defined in section 273.1341; 151.32(d) new text begin (4) new text end monitoring of mineral industry related health problems among mining 151.33employees. new text begin ; new text end 152.1 new text begin (5) local public works projects under section 298.227, paragraph (c); and new text end 152.2 new text begin (6) local public works projects as provided under this clause. The following amounts new text end 152.3 new text begin shall be distributed in 2009 based upon the taxable tonnage of production in 2008: new text end 152.4 new text begin (i) .4651 cents per ton to the city of Aurora for street repair and renovation; new text end 152.5 new text begin (ii) .4264 cent per ton to the city of Biwabik for street and utility infrastructure new text end 152.6 new text begin improvements to the south side industrial site; new text end 152.7 new text begin (iii) .6460 cent per ton to the city of Buhl for street repair; new text end 152.8 new text begin (iv) 1.0336 cents per ton to the city of Hoyt Lakes for public utility improvements; new text end 152.9 new text begin (v) 1.1628 cents per ton to the city of Eveleth for water and sewer infrastructure new text end 152.10 new text begin upgrades; new text end 152.11 new text begin (vi) 1.0336 cents per ton to the city of Gilbert for water and sewer infrastructure new text end 152.12 new text begin upgrades; new text end 152.13 new text begin (vii) .7752 cent per ton to the city of Mountain Iron for water and sewer new text end 152.14 new text begin infrastructure; new text end 152.15 new text begin (viii) 1.2920 cents per ton to the city of Virginia for utility upgrades and accessibility new text end 152.16 new text begin modifications for the miners' memorial; new text end 152.17 new text begin (ix) .6460 cent per ton to the town of White for Highway 135 road upgrades; new text end 152.18 new text begin (x) 1.9380 cents per ton to the city of Hibbing for public infrastructure projects; new text end 152.19 new text begin (xi) 1.1628 cents per ton to the city of Chisholm for water and sewer repair; new text end 152.20 new text begin (xii) .6460 cent per ton to the town of Balkan for community center repairs; new text end 152.21 new text begin (xiii) .9044 cent per ton to the city of Babbitt for city garage construction; new text end 152.22 new text begin (xiv) .5168 cent per ton to the city of Cook for public infrastructure projects; new text end 152.23 new text begin (xv) .5168 cent per ton to the city of Ely for reconstruction of 2cnd Avenue West; new text end 152.24 new text begin (xvi) .6460 cent per ton to the city of Tower for water infrastructure upgrades; new text end 152.25 new text begin (xvii) .1292 cent per ton to the city of Orr for water infrastructure upgrades; new text end 152.26 new text begin (xviii) .1292 cent per ton to the city of Silver Bay for emergency cleanup; new text end 152.27 new text begin (xvix) .3230 cent per ton to Lake County for trail construction; new text end 152.28 new text begin (xx) .1292 cent per ton to Cook County for construction of tennis courts in Grand new text end 152.29 new text begin Marais; new text end 152.30 new text begin (xxi) .3101 cent per ton to the city of Two Harbors for water infrastructure new text end 152.31 new text begin improvements; new text end 152.32 new text begin (xxii) .1938 cent per ton for land acquisition for phase one of Cook Airport project; new text end 152.33 new text begin (xxiii) 1.0336 cents per ton to the city of Coleraine for water and sewer new text end 152.34 new text begin improvements along Gayley Avenue; new text end 152.35 new text begin (xxiv) .3876 cent per ton to the city of Marble for construction of a city new text end 152.36 new text begin administration facility; new text end 153.1 new text begin (xxv) .1292 cent per ton to the city of Calumet for repairs at city hall and the new text end 153.2 new text begin community center; new text end 153.3 new text begin (xxvi) .6460 cent per ton to the city of Nashwauk for electrical infrastructure new text end 153.4 new text begin upgrades; new text end 153.5 new text begin (xxvii) 1.0336 cents per ton to the city of Keewatin for water and sewer upgrades new text end 153.6 new text begin along Depot Street; new text end 153.7 new text begin (xxviii) .2584 cent per ton to the city of Aitkin for water, sewer, street, and gutter new text end 153.8 new text begin improvements; new text end 153.9 new text begin (xxix) 1.1628 cents per ton to the city of Grand Rapids for water and sewer new text end 153.10 new text begin infrastructure upgrades at Pokegema Golf Course and Park Place; new text end 153.11 new text begin (xxx) .1809 cent per ton to the city of Grand Rapids for water and sewer upgrades new text end 153.12 new text begin for 1st Avenue from River Road to 3rd Street SE; and new text end 153.13 new text begin (xxxi) .9044 cent per ton to the city of Cohasset for upgrades to the railroad crossing new text end 153.14 new text begin at Highway 2 and County Road 62. new text end 153.15    Subd. 2. Administration. (a) The taconite area environmental protection fund shall 153.16be administered by the commissioner of the Iron Range Resources and Rehabilitation 153.17Board. The commissioner shall by September 1 of each year submit to the board a list 153.18of projects to be funded from the taconite area environmental protection fund, with such 153.19supporting information including description of the projects, plans, and cost estimates as 153.20may be necessary. 153.21    (b) Each year no less than one-half of the amounts deposited into the taconite 153.22environmental protection fund must be used for public works projects, including 153.23construction of sewer and water systems, as specified under subdivision 1, paragraph (c) new text begin new text end 153.24 new text begin clause (3) new text end . The Iron Range Resources and Rehabilitation Board with a majority vote of 153.25the members, new text begin approval by at least seven Iron Range Resources and Rehabilitation Board new text end 153.26 new text begin members, new text end may waive the requirements of this paragraph. 153.27    (c) Upon approval by a majority of the members of the Iron Range Resources and 153.28Rehabilitation Board, new text begin at least seven Iron Range Resources and Rehabilitation Board new text end 153.29 new text begin members, new text end the list of projects approved under this subdivision shall be submitted to the 153.30governor by November 1 of each year. By December 1 of each year, the governor shall 153.31approve or disapprove, or return for further consideration, each project. Funds for a project 153.32may be expended only upon approval of the project by the board new text begin at least seven Iron Range new text end 153.33 new text begin Resources and Rehabilitation Board members, new text end and new text begin the new text end governor. The commissioner may 153.34submit supplemental projects to the board and governor for approval at any time. 153.35    Subd. 3. Appropriation. There is annually appropriated to the commissioner of Iron 153.36Range resources and rehabilitation taconite area environmental protection funds necessary 154.1to carry out approved projects and programs and the funds necessary for administration of 154.2this section. Annual administrative costs, not including detailed engineering expenses for 154.3the projects, shall not exceed five percent of the amount annually expended from the fund. 154.4Funds for the purposes of this section are provided by section 298.28, subdivision 154.511 , relating to the taconite area environmental protection fund. 154.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 154.7    Sec. 16. Minnesota Statutes 2008, section 298.227, is amended to read: 154.8298.227 TACONITE ECONOMIC DEVELOPMENT FUND. 154.9    (a) An amount equal to that distributed pursuant to each taconite producer's taxable 154.10production and qualifying sales under section 298.28, subdivision 9a, shall be held by 154.11the Iron Range Resources and Rehabilitation Board in a separate taconite economic 154.12development fund for each taconite and direct reduced ore producer. Money from the 154.13fund for each producer shall be released by the commissioner after review by a joint 154.14committee consisting of an equal number of representatives of the salaried employees and 154.15the nonsalaried production and maintenance employees of that producer. The District 11 154.16director of the United States Steelworkers of America, on advice of each local employee 154.17president, shall select the employee members. In nonorganized operations, the employee 154.18committee shall be elected by the nonsalaried production and maintenance employees. 154.19The review must be completed no later than six months after the producer presents a 154.20proposal for expenditure of the funds to the committee. The funds held pursuant to this 154.21section may be released only for workforce development and associated public facility 154.22improvement, or for acquisition of plant and stationary mining equipment and facilities 154.23for the producer or for research and development in Minnesota on new mining, or 154.24taconite, iron, or steel production technology, but only if the producer provides a matching 154.25expenditure to be used for the same purpose of at least 50 percent of the distribution based 154.26on 14.7 cents per ton beginning with distributions in 2002. Effective for proposals for 154.27expenditures of money from the fund beginning May 26, 2007, the commissioner may 154.28not release the funds before the next scheduled meeting of the board. If the board rejects 154.29a proposed expenditure new text begin is not approved by at least seven Iron Range Resources and new text end 154.30 new text begin Rehabilitation Board members new text end , the funds must be deposited in the Taconite Environmental 154.31Protection Fund under sections 298.222 to 298.225. If a producer uses money which has 154.32been released from the fund prior to May 26, 2007 to procure haulage trucks, mobile 154.33equipment, or mining shovels, and the producer removes the piece of equipment from the 154.34taconite tax relief area defined in section 273.134 within ten years from the date of receipt 155.1of the money from the fund, a portion of the money granted from the fund must be repaid 155.2to the taconite economic development fund. The portion of the money to be repaid is 100 155.3percent of the grant if the equipment is removed from the taconite tax relief area within 12 155.4months after receipt of the money from the fund, declining by ten percent for each of the 155.5subsequent nine years during which the equipment remains within the taconite tax relief 155.6area. If a taconite production facility is sold after operations at the facility had ceased, any 155.7money remaining in the fund for the former producer may be released to the purchaser of 155.8the facility on the terms otherwise applicable to the former producer under this section. If 155.9a producer fails to provide matching funds for a proposed expenditure within six months 155.10after the commissioner approves release of the funds, the funds are available for release to 155.11another producer in proportion to the distribution provided and under the conditions of 155.12this section. Any portion of the fund which is not released by the commissioner within 155.13one year of its deposit in the fund shall be divided between the taconite environmental 155.14protection fund created in section 298.223 and the Douglas J. Johnson economic protection 155.15trust fund created in section 298.292 for placement in their respective special accounts. 155.16Two-thirds of the unreleased funds shall be distributed to the taconite environmental 155.17protection fund and one-third to the Douglas J. Johnson economic protection trust fund. 155.18    (b) new text begin (i) new text end Notwithstanding the requirements of paragraph (a), setting the amount of 155.19distributions and the review process, an amount equal to ten cents per taxable ton of 155.20production in 2007, for distribution in 2008 only, that would otherwise be distributed 155.21under paragraph (a), may be used for a loan for the cost of construction of a biomass 155.22energy facility. This amount must be deducted from the distribution under paragraph (a) 155.23for which a matching expenditure by the producer is not required. The granting of the loan 155.24is subject to approval by the Iron Range Resources and Rehabilitation Board new text begin at least seven new text end 155.25 new text begin Iron Range Resources and Rehabilitation Board members new text end ; interest must be payable on the 155.26loan at the rate prescribed in section 298.2213, subdivision 3. new text begin (ii) new text end Repayments of the loan 155.27and interest must be deposited in the northeast Minnesota economic development new text begin taconite new text end 155.28 new text begin environment protection new text end fund established in section new text begin under sections 298.222 to new text end 155.29 new text begin 298.225 new text end . If a loan is not made under this paragraph by July 1, 2009, the amount that 155.30had been made available for the loan under this paragraph must be transferred to the 155.31northeast Minnesota economic development new text begin taconite environment protection new text end fund new text begin under new text end 155.32 new text begin sections 298.222 to 298.225 new text end . new text begin (iii) new text end Money distributed in 2008 to the fund established 155.33under this section that exceeds ten cents per ton is available to qualifying producers under 155.34paragraph (a) on a pro rata basis. 156.1    If 2008 H.F. No. 1812 is enacted and includes a provision that amends this section 156.2in a manner that is different from the amendment in this section, the amendment in this 156.3section supersedes the amendment in 2008 H.F. No. 1812, notwithstanding section 645.26. 156.4 new text begin (c) Repayment or transfer of money to the taconite environmental protection fund new text end 156.5 new text begin under paragraph (b), item (ii), must be allocated by the Iron Range Resources and new text end 156.6 new text begin Rehabilitation Board for public works projects in house legislative districts in the same new text end 156.7 new text begin proportion as taxable tonnage of production in 2007 in each house legislative district, for new text end 156.8 new text begin distribution in 2008, bears to total taxable tonnage of production in 2007, for distribution new text end 156.9 new text begin in 2008. Not withstanding any other law to the contrary, expenditures under this paragraph new text end 156.10 new text begin do not require approval by the governor. For purposes of this paragraph, "house legislative new text end 156.11 new text begin districts" means the legislative districts in existence on the effective date of this section. new text end 156.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 156.13    Sec. 17. Minnesota Statutes 2008, section 298.28, subdivision 9d, is amended to read: 156.14    Subd. 9d. Iron Range higher education account. Five cents per taxable ton must 156.15be allocated to the Iron Range Resources and Rehabilitation Board to be deposited in 156.16an Iron Range higher education account that is hereby created, to be used for higher 156.17education programs conducted at educational institutions in the taconite assistance area 156.18defined in section 273.1341. The Iron Range Higher Education committee under section 156.19298.2214 new text begin , new text end and the Iron Range Resources and Rehabilitation Board new text begin by an affirmative vote new text end 156.20 new text begin of at least seven Iron Range Resources and Rehabilitation Board members, new text end must approve 156.21all expenditures from the account. 156.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 156.23    Sec. 18. Minnesota Statutes 2008, section 298.292, subdivision 2, is amended to read: 156.24    Subd. 2. Use of money. Money in the Douglas J. Johnson economic protection trust 156.25fund may be used for the following purposes: 156.26    (1) to provide loans, loan guarantees, interest buy-downs and other forms of 156.27participation with private sources of financing, but a loan to a private enterprise shall be 156.28for a principal amount not to exceed one-half of the cost of the project for which financing 156.29is sought, and the rate of interest on a loan to a private enterprise shall be no less than the 156.30lesser of eight percent or an interest rate three percentage points less than a full faith 156.31and credit obligation of the United States government of comparable maturity, at the 156.32time that the loan is approved; 157.1    (2) to fund reserve accounts established to secure the payment when due of the 157.2principal of and interest on bonds issued pursuant to section 298.2211; 157.3    (3) to pay in periodic payments or in a lump-sum payment any or all of the interest 157.4on bonds issued pursuant to chapter 474 for the purpose of constructing, converting, 157.5or retrofitting heating facilities in connection with district heating systems or systems 157.6utilizing alternative energy sources; 157.7    (4) to invest in a venture capital fund or enterprise that will provide capital to other 157.8entities that are engaging in, or that will engage in, projects or programs that have the 157.9purposes set forth in subdivision 1. No investments may be made in a venture capital fund 157.10or enterprise unless at least two other unrelated investors make investments of at least 157.11$500,000 in the venture capital fund or enterprise, and the investment by the Douglas 157.12J. Johnson economic protection trust fund may not exceed the amount of the largest 157.13investment by an unrelated investor in the venture capital fund or enterprise. For purposes 157.14of this subdivision, an "unrelated investor" is a person or entity that is not related to 157.15the entity in which the investment is made or to any individual who owns more than 40 157.16percent of the value of the entity, in any of the following relationships: spouse, parent, 157.17child, sibling, employee, or owner of an interest in the entity that exceeds ten percent of 157.18the value of all interests in it. For purposes of determining the limitations under this 157.19clause, the amount of investments made by an investor other than the Douglas J. Johnson 157.20economic protection trust fund is the sum of all investments made in the venture capital 157.21fund or enterprise during the period beginning one year before the date of the investment 157.22by the Douglas J. Johnson economic protection trust fund; and 157.23    (5) to purchase forest land in the taconite assistance area defined in section 273.1341 157.24to be held and managed as a public trust for the benefit of the area for the purposes 157.25authorized in section 298.22, subdivision 5a. Property purchased under this section may 157.26be sold by the commissioner upon approval by a majority vote of the board new text begin by at least new text end 157.27 new text begin seven Iron Range Resources and Rehabilitation Board members new text end . The net proceeds must 157.28be deposited in the trust fund for the purposes and uses of this section. 157.29    Money from the trust fund shall be expended only in or for the benefit of the taconite 157.30assistance area defined in section 273.1341. 157.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 157.32    Sec. 19. new text begin [298.2931] TRANSFER OF FUNDS. new text end 157.33 new text begin The amount deposited in the Douglas J. Johnson Economic Protection Trust Fund new text end 157.34 new text begin in 2009 in repayment of a loan for the Mesabi Nugget, LLC project at Silver Bay shall new text end 158.1 new text begin be transferred to the taconite environmental protection fund and deposited in a special new text end 158.2 new text begin account to be used as provided under section 298.223, subdivision 1, clause (6). new text end 158.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 158.4    Sec. 20. Minnesota Statutes 2008, section 298.294, is amended to read: 158.5298.294 INVESTMENT OF FUND. 158.6 new text begin (a) new text end The trust fund established by section 298.292 shall be invested pursuant to law 158.7by the State Board of Investment and the net interest, dividends, and other earnings arising 158.8from the investments shall be transferred new text begin , except as provided in paragraph (b), new text end on the first 158.9day of each month to the trust and shall be included and become part of the trust fund. 158.10The amounts transferred, including the interest, dividends, and other earnings earned 158.11prior to July 13, 1982, together with the additional amount of $10,000,000 for fiscal year 158.121983, which is appropriated April 21, 1983, are appropriated from the trust fund to the 158.13commissioner of Iron Range resources and rehabilitation for deposit in a separate account 158.14for expenditure for the purposes set forth in section 298.292. Amounts appropriated 158.15pursuant to this section shall not cancel but shall remain available unless expended. 158.16 new text begin (b) For fiscal years 2010 and 2011 only, $1,000,000 of the net interest, dividends, new text end 158.17 new text begin and other earnings under paragraph (a) shall be transferred to a special account. Funds in new text end 158.18 new text begin the special account are available for loans or grants to businesses, with priority given to new text end 158.19 new text begin businesses with 25 or fewer employees. Funds may be used for wage subsidies of up to $5 new text end 158.20 new text begin per hour or other activities that will create additional jobs in the taconite assistance area new text end 158.21 new text begin under section 273.1341. Expenditures from the special account must be approved by at new text end 158.22 new text begin least seven Iron Range Resources and Rehabilitation Board members. new text end 158.23 new text begin (c) To qualify for a grant or loan, a business must be currently operating and have new text end 158.24 new text begin been operating for one year immediately prior to its application for a loan or grant, and its new text end 158.25 new text begin corporate headquarters must be located in the taconite assistance area. new text end 158.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 158.27    Sec. 21. Minnesota Statutes 2008, section 298.296, subdivision 2, is amended to read: 158.28    Subd. 2. Expenditure of funds. (a) Before January 1, 2028, funds may be expended 158.29on projects and for administration of the trust fund only from the net interest, earnings, 158.30and dividends arising from the investment of the trust at any time, including net interest, 158.31earnings, and dividends that have arisen prior to July 13, 1982, plus $10,000,000 made 158.32available for use in fiscal year 1983, except that any amount required to be paid out of the 158.33trust fund to provide the property tax relief specified in Laws 1977, chapter 423, article 159.1X, section 4, and to make school bond payments and payments to recipients of taconite 159.2production tax proceeds pursuant to section 298.225, may be taken from the corpus of 159.3the trust. 159.4    (b) Additionally, upon recommendation by the board, up to $13,000,000 from the 159.5corpus of the trust may be made available for use as provided in subdivision 4, and up to 159.6$10,000,000 from the corpus of the trust may be made available for use as provided in 159.7section 298.2961. 159.8    (c) Additionally, an amount equal to 20 percent of the value of the corpus of the trust 159.9on May 18, 2002, not including the funds authorized in paragraph (b), plus the amounts 159.10made available under section 298.28, subdivision 4, and Laws 2002, chapter 377, article 159.118, section 17, may be expended on projects. Funds may be expended for projects under 159.12this paragraph only if the project: 159.13    (1) is for the purposes established under section 298.292, subdivision 1, clause 159.14(1) or (2); and 159.15    (2) is approved by the board upon an affirmative vote of at least ten of its members. 159.16No money made available under this paragraph or paragraph (d) can be used for 159.17administrative or operating expenses of the Iron Range Resources and Rehabilitation 159.18Board or expenses relating to any facilities owned or operated by the board on May 18, 159.192002. 159.20    (d) Upon recommendation by a unanimous vote of all members of the board, 159.21amounts in addition to those authorized under paragraphs (a), (b), and (c) may be 159.22expended on projects described in section 298.292, subdivision 1. 159.23    (e) Annual administrative costs, not including detailed engineering expenses for the 159.24projects, shall not exceed five percent of the net interest, dividends, and earnings arising 159.25from the trust in the preceding fiscal year. 159.26    (f) Principal and interest received in repayment of loans made pursuant to this 159.27section, and earnings on other investments made under section 298.292, subdivision 2, 159.28clause (4), shall be deposited in the state treasury and credited to the trust. These receipts 159.29are appropriated to the board for the purposes of sections 298.291 to 298.298. 159.30    (g) Additionally, notwithstanding section 298.293, upon new text begin the new text end affirmative vote 159.31of a majority of the members of the board, new text begin of at least seven Iron Range Resources and new text end 159.32 new text begin Rehabilitation Board members, new text end money from the corpus of the trust may be expanded to 159.33purchase forest lands within the taconite assistance area as provided in sections 298.22, 159.34subdivision 5a, and 298.292, subdivision 2, clause (5). 159.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 160.1    Sec. 22. Minnesota Statutes 2008, section 298.2961, is amended to read: 160.2298.2961 PRODUCER GRANTS. 160.3    Subdivision 1. Appropriation. (a) $10,000,000 is appropriated from the Douglas 160.4J. Johnson economic protection trust fund to a special account in the taconite area 160.5environmental protection fund for grants to producers on a project-by-project basis as 160.6provided in this section. 160.7(b) The proceeds of the tax designated under section 298.28, subdivision 9b, are 160.8appropriated for grants to producers on a project-by-project basis as provided in this 160.9section. 160.10    Subd. 2. Projects; approval. (a) Projects funded must be for: 160.11    (1) environmentally unique reclamation projects; or 160.12    (2) pit or plant repairs, expansions, or modernizations other than for a value added 160.13iron products plant. 160.14    (b) To be proposed by the board, a project must be approved by at least eight Iron 160.15Range Resources and Rehabilitation Board members. The money for a project may 160.16be spent only upon approval of the project by the governor. The board may submit 160.17supplemental projects for approval at any time. 160.18    (c) The board may require that it receive an equity percentage in any project to 160.19which it contributes under this section. 160.20    Subd. 3. Redistribution. (a) If a taconite production facility is sold after operations 160.21at the facility had ceased, any money remaining in the taconite environmental fund for the 160.22former producer may be released to the purchaser of the facility on the terms otherwise 160.23applicable to the former producer under this section. 160.24(b) Any portion of the taconite environmental fund that is not released by the 160.25commissioner within three years of its deposit in the taconite environmental fund shall be 160.26divided between the taconite environmental protection fund created in section 298.223 160.27and the Douglas J. Johnson economic protection trust fund created in section 298.292 for 160.28placement in their respective special accounts. Two-thirds of the unreleased funds must be 160.29distributed to the taconite environmental protection fund and one-third to the Douglas J. 160.30Johnson economic protection trust fund. 160.31    Subd. 4. Grant and loan fund. (a) A fund is established to receive distributions 160.32under section 298.28, subdivision 9b, and to make grants or loans as provided in this 160.33subdivision. Any grant or loan made under this subdivision must be approved by a majority 160.34of the members of the Iron Range Resources and Rehabilitation Board, new text begin at least seven Iron new text end 160.35 new text begin Range Resources and Rehabilitation Board members, new text end established under section 298.22. 161.1    (b) Distributions received in calendar year 2005 are allocated to the city of Virginia 161.2for improvements and repairs to the city's steam heating system. 161.3    (c) Distributions received in calendar year 2006 are allocated to a project of the 161.4public utilities commissions of the cities of Hibbing and Virginia to convert their electrical 161.5generating plants to the use of biomass products, such as wood. 161.6    (d) Distributions received in calendar year 2007 must be paid to the city of Tower to 161.7be used for the East Two Rivers project in or near the city of Tower. 161.8    (e) For distributions received in 2008, the first $2,000,000 of the 2008 distribution 161.9must be paid to St. Louis County for deposit in its county road and bridge fund to be 161.10used for relocation of St. Louis County Road 715, commonly referred to as Pike River 161.11Road. The remainder of the 2008 distribution must be paid to St. Louis County for a 161.12grant to the city of Virginia for connecting sewer and water lines to the St. Louis County 161.13maintenance garage on Highway 135, further extending the lines to interconnect with the 161.14city of Gilbert's sewer and water lines. All distributions received in 2009 and subsequent 161.15years are allocated for projects under section 298.223, subdivision 1. 161.16    Subd. 5. Public works and local economic development fund. For distributions in 161.172007 only, a special fund is established to receive 38.4 cents per ton that otherwise would 161.18be allocated under section 298.28, subdivision 6. The following amounts are allocated to 161.19St. Louis County acting as the fiscal agent for the recipients for the specific purposes: 161.20    (1) 13.4 cents per ton for the Central Iron Range Sanitary Sewer District for 161.21construction of a combined wastewater facility and notwithstanding section 298.28, 161.22subdivision 11, paragraph (a), or any other law, interest accrued on this money while held 161.23by St. Louis County shall also be distributed to the recipient; 161.24    (2) six cents per ton to the city of Eveleth to redesign and design and construct 161.25improvements to renovate its water treatment facility; 161.26    (3) one cent per ton for the East Range Joint Powers Board to acquire land for and to 161.27design a central wastewater collection and treatment system; 161.28    (4) 0.5 cents per ton to the city of Hoyt Lakes to repair Leeds Road; 161.29    (5) 0.7 cents per ton to the city of Virginia to extend Eighth Street South; 161.30    (6) 0.7 cents per ton to the city of Mountain Iron to repair Hoover Road; 161.31    (7) 0.9 cents per ton to the city of Gilbert for alley repairs between Michigan and 161.32Indiana Avenues and for repayment of a loan to the Minnesota Department of Employment 161.33and Economic Development; 161.34    (8) 0.4 cents per ton to the city of Keewatin for a new city well; 161.35    (9) 0.3 cents per ton to the city of Grand Rapids for planning for a fire and hazardous 161.36materials center; 162.1    (10) 0.9 cents per ton to Aitkin County Growth for an economic development 162.2project for peat harvesting; 162.3    (11) 0.4 cents per ton to the city of Nashwauk to develop a comprehensive city plan; 162.4    (12) 0.4 cents per ton to the city of Taconite for development of a city comprehensive 162.5plan; 162.6    (13) 0.3 cents per ton to the city of Marble for water and sewer infrastructure; 162.7    (14) 0.8 cents per ton to Aitkin County for improvements to the Long Lake 162.8Environmental Learning Center; 162.9    (15) 0.3 cents per ton to the city of Coleraine for the Coleraine Technology Center; 162.10    (16) 0.5 cents per ton to the Economic Development Authority of the city of Grand 162.11Rapids for planning for the North Central Research and Technology Laboratory; 162.12    (17) 0.6 cents per ton to the city of Bovey for sewer and water extension; 162.13    (18) 0.3 cents per ton to the city of Calumet for infrastructure improvements; and 162.14    (19) ten cents per ton to the commissioner of Iron Range Resources and 162.15Rehabilitation for deposit in a Highway 1 Corridor Account established by the 162.16commissioner, to be distributed by the commissioner to any of the cities of Babbitt, Cook, 162.17Ely, or Tower, for economic development projects approved by the Iron Range Resources 162.18and Rehabilitation Board new text begin at least seven Iron Range Resources and Rehabilitation Board new text end 162.19 new text begin members new text end ; notwithstanding section 298.28, subdivision 11, paragraph (a), or any other law, 162.20interest accrued on this money while held by St. Louis County or the commissioner 162.21shall also be distributed to the recipient. 162.22     new text begin Subd. 6. new text end new text begin Renewable energy. new text end new text begin For distributions in 2009 only, a special account is new text end 162.23 new text begin established in the taconite environmental protection fund to receive 15.5 cents per ton that new text end 162.24 new text begin otherwise would be allocated under section new text end new text begin , subdivision 6. The funds are available new text end 162.25 new text begin for cooperative projects between the Iron Range Resources and Rehabilitation Board and new text end 162.26 new text begin local governments for renewable energy initiatives. new text end 162.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 162.28ARTICLE 8 162.29HOUSING FINANCE AGENCY 162.30    Section 1. Minnesota Statutes 2008, section 327C.03, is amended by adding a 162.31subdivision to read: 162.32     new text begin Subd. 6. new text end new text begin Payment to the Minnesota manufactured home relocation trust fund. new text end 162.33 new text begin In the event a park owner has been assessed under section 327C.095, subdivision 12, new text end 162.34 new text begin paragraph (c), the park owner may collect the $12 annual payment required by section new text end 163.1 new text begin 327C.095, subdivision 12, for participation in the relocation trust fund, as a lump sum new text end 163.2 new text begin or, along with monthly lot rent, a fee of no more than $1 per month to cover the cost of new text end 163.3 new text begin participating in the relocation trust fund. The $1 fee must be separately itemized and new text end 163.4 new text begin clearly labeled "Minnesota manufactured home relocation trust fund." new text end 163.5    Sec. 2. Minnesota Statutes 2008, section 327C.095, subdivision 12, is amended to read: 163.6    Subd. 12. Payment to the Minnesota manufactured home relocation trust fund. 163.7    (a) If a manufactured home owner is required to move due to the conversion of all or a 163.8portion of a manufactured home park to another use, the closure of a park, or cessation 163.9of use of the land as a manufactured home park, the manufactured park owner shall, 163.10upon the change in use, pay to the commissioner of finance for deposit in the Minnesota 163.11manufactured home relocation trust fund under section 462A.35, the lesser amount of the 163.12actual costs of moving or purchasing the manufactured home approved by the neutral 163.13third party and paid by the Minnesota Housing Finance Agency under subdivision 13, 163.14paragraph (a) or (e), or $3,250 for each single section manufactured home, and $6,000 for 163.15each multisection manufactured home, for which a manufactured home owner has made 163.16application for payment of relocation costs under subdivision 13, paragraph (c). The 163.17manufactured home park owner shall make payments required under this section to the 163.18Minnesota manufactured home relocation trust fund within 60 days of receipt of invoice 163.19from the neutral third party. 163.20    (b) A manufactured home park owner is not required to make the payment prescribed 163.21under paragraph (a), nor is a manufactured home owner entitled to compensation under 163.22subdivision 13, paragraph (a) or (e), if: 163.23    (1) the manufactured home park owner relocates the manufactured home owner to 163.24another space in the manufactured home park or to another manufactured home park at 163.25the park owner's expense; 163.26    (2) the manufactured home owner is vacating the premises and has informed the 163.27manufactured home park owner or manager of this prior to the mailing date of the closure 163.28statement under subdivision 1; 163.29    (3) a manufactured home owner has abandoned the manufactured home, or the 163.30manufactured home owner is not current on the monthly lot rental, personal property 163.31taxes, or has failed to pay the annual $12 payments to the Minnesota manufactured home 163.32relocation trust fund when due; 163.33    (4) the manufactured home owner has a pending eviction action for nonpayment of 163.34lot rental amount under section 327C.09, which was filed against the manufactured home 164.1owner prior to the mailing date of the closure statement under subdivision 1, and the writ 164.2of recovery has been ordered by the district court; 164.3    (5) the conversion of all or a portion of a manufactured home park to another use, 164.4the closure of a park, or cessation of use of the land as a manufactured home park is the 164.5result of a taking or exercise of the power of eminent domain by a governmental entity 164.6or public utility; or 164.7    (6) the owner of the manufactured home is not a resident of the manufactured home 164.8park, as defined in section 327C.01, subdivision 9, or the owner of the manufactured home 164.9is a resident, but came to reside in the manufactured home park after the mailing date of 164.10the closure statement under subdivision 1. 164.11    (c) Owners of manufactured homes who rent lots in a manufactured home park shall 164.12make annual payments to the park owner, to be deposited in the Minnesota manufactured 164.13home relocation trust fund under section , in the amount of $12 per year, per 164.14manufactured home, payable on August 15 of each year. On or before July 15 of each 164.15year, the commissioner of finance shall prepare and post on the department's Web site a 164.16generic invoice and cover letter explaining the purpose of the Minnesota manufactured 164.17home relocation trust fund, the obligation of each manufactured home owner to make an 164.18annual $12 payment into the fund, the due date, and the need to pay to the park owner for 164.19collection, and a warning, in 14-point font, that if the annual payments are not made when 164.20due, the manufactured home owner will not be eligible for compensation from the fund if 164.21the manufactured home park closes. The park owner shall receive, record, and commingle 164.22the payments and forward the payments to the commissioner of finance by September 15 164.23of each year, with a summary by the park owner, certifying the name, address, and payment 164.24amount of each remitter, and noting the names and address of manufactured home owners 164.25who did not pay the $12 annual payment, sent to both the commissioner of finance and the 164.26commissioner of the Minnesota Housing Finance Agency. The commissioner of finance 164.27shall deposit the payments in the Minnesota manufactured home relocation trust fund. new text begin new text end 164.28 new text begin The commissioner of finance shall annually assess each manufactured home park owner new text end 164.29 new text begin by mail the total amount of $12 for each licensed lot in their park, payable on or before new text end 164.30 new text begin September 15 of each year. The commissioner of finance shall deposit the payments in the new text end 164.31 new text begin Minnesota manufactured home relocation trust fund. On or before July 15 of each year, new text end 164.32 new text begin the commissioner of finance shall prepare and distribute to park owners a letter explaining new text end 164.33 new text begin the collection, an invoice for all licensed lots, and a sample form for the park owners to new text end 164.34 new text begin collect information on which park residents have been accounted for. The park owner may new text end 164.35 new text begin recoup the cost of the $12 assessment as a lump sum or as a monthly fee of no more than new text end 164.36 new text begin $1 collected from park residents together with monthly lot rent as provided in section new text end 165.1 new text begin 327C.03, subdivision 6. Park owners may adjust payment for lots in their park that are new text end 165.2 new text begin vacant or otherwise not eligible for contribution to the trust fund under section 327C.095, new text end 165.3 new text begin subdivision 12, paragraph (b), and deduct from the assessment, accordingly. new text end 165.4    (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by 165.5the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action 165.6in a court of appropriate jurisdiction. new text begin The court may award a prevailing party reasonable new text end 165.7 new text begin attorney fees, court costs, and disbursements. new text end 165.8    Sec. 3. Minnesota Statutes 2008, section 327C.095, subdivision 13, is amended to read: 165.9    Subd. 13. Change in use, relocation expenses; payments by park owner. (a) 165.10If a manufactured home owner is required to relocate due to the conversion of all or a 165.11portion of a manufactured home park to another use, the closure of a manufactured home 165.12park, or cessation of use of the land as a manufactured home park under subdivision 165.131, and the manufactured home owner complies with the requirements of this section, 165.14the manufactured home owner is entitled to payment from the Minnesota manufactured 165.15home relocation trust fund equal to the manufactured home owner's actual relocation 165.16costs for relocating the manufactured home to a new location within a 25-mile radius 165.17of the park that is being closed, up to a maximum of $4,000 for a single-section and 165.18$8,000 for a multisection manufactured home. The actual relocation costs must include 165.19the reasonable cost of taking down, moving, and setting up the manufactured home, 165.20including equipment rental, utility connection and disconnection charges, minor repairs, 165.21modifications necessary for transportation of the home, necessary moving permits and 165.22insurance, moving costs for any appurtenances, which meet applicable local, state, and 165.23federal building and construction codes. 165.24    (b) A manufactured home owner is not entitled to compensation under paragraph (a) 165.25if the manufactured home park owner is not required to make a payment to the Minnesota 165.26manufactured home relocation trust fund under subdivision 12, paragraph (b). 165.27    (c) Except as provided in paragraph (e), in order to obtain payment from the 165.28Minnesota manufactured home relocation trust fund, the manufactured home owner shall 165.29submit to the neutral third party and the Minnesota Housing Finance Agency, with a copy 165.30to the park owner, an application for payment, which includes: 165.31    (1) a copy of the closure statement under subdivision 1; 165.32    (2) a copy of the contract with a moving or towing contractor, which includes the 165.33relocation costs for relocating the manufactured home; 165.34    (3) a statement with supporting materials of any additional relocation costs as 165.35outlined in subdivision 1; 166.1    (4) a statement certifying that none of the exceptions to receipt of compensation 166.2under subdivision 12, paragraph (b), apply to the manufactured home owner; 166.3    (5) a statement from the manufactured park owner that the lot rental is current 166.4and that the annual $12 payments to the Minnesota manufactured home relocation trust 166.5fund have been paid when due; and 166.6    (6) a statement from the county where the manufactured home is located certifying 166.7that personal property taxes for the manufactured home are paid through the end of that 166.8year. 166.9    (d) If the neutral third party has acted reasonably and does not approve or deny 166.10payment within 45 days after receipt of the information set forth in paragraph (c), the 166.11payment is deemed approved. Upon approval and request by the neutral third party, 166.12the Minnesota Housing Finance Agency shall issue two checks in equal amount for 50 166.13percent of the contract price payable to the mover and towing contractor for relocating 166.14the manufactured home in the amount of the actual relocation cost, plus a check to the 166.15home owner for additional certified costs associated with third-party vendors, that were 166.16necessary in relocating the manufactured home. The moving or towing contractor shall 166.17receive 50 percent upon execution of the contract and 50 percent upon completion of 166.18the relocation and approval by the manufactured home owner. The moving or towing 166.19contractor may not apply the funds to any other purpose other than relocation of the 166.20manufactured home as provided in the contract. A copy of the approval must be forwarded 166.21by the neutral third party to the park owner with an invoice for payment of the amount 166.22specified in subdivision 12, paragraph (a). 166.23    (e) In lieu of collecting a relocation payment from the Minnesota manufactured 166.24home relocation trust fund under paragraph (a), the manufactured home owner may collect 166.25an amount from the fund after reasonable efforts to relocate the manufactured home 166.26have failed due to the age or condition of the manufactured home, or because there are 166.27no manufactured home parks willing or able to accept the manufactured home within a 166.2825-mile radius. A manufactured home owner may tender title of the manufactured home 166.29in the manufactured home park to the manufactured home park owner, and collect an 166.30amount to be determined by an independent appraisal. The appraiser must be agreed to 166.31by both the manufactured home park owner and the manufactured home owner. The 166.32amount that may be reimbursed under the fund is a maximum of $5,000 for a single 166.33section and $9,000 for a multisection manufactured home. The manufactured home 166.34owner shall deliver to the manufactured home park owner the current certificate of title 166.35to the manufactured home duly endorsed by the owner of record, and valid releases of 166.36all liens shown on the certificate of title, and a statement from the county where the 167.1manufactured home is located evidencing that the personal property taxes have been paid. 167.2The manufactured home owner's application for funds under this paragraph must include a 167.3document certifying that the manufactured home cannot be relocated, that the lot rental is 167.4current, that the annual $12 payments to the Minnesota manufactured home relocation 167.5trust fund have been paid when due, that the manufactured home owner has chosen to 167.6tender title under this section, and that the park owner agrees to make a payment to the 167.7commissioner of finance in the amount established in subdivision 12, paragraph (a), less 167.8any documented costs submitted to the neutral third party, required for demolition and 167.9removal of the home, and any debris or refuse left on the lot, not to exceed $1,000. The 167.10manufactured home owner must also provide a copy of the certificate of title endorsed by 167.11the owner of record, and certify to the neutral third party, with a copy to the park owner, 167.12that none of the exceptions to receipt of compensation under subdivision 12, paragraph 167.13(b), clauses (1) to (6), apply to the manufactured home owner, and that the home owner 167.14will vacate the home within 60 days after receipt of payment or the date of park closure, 167.15whichever is earlier, provided that the monthly lot rent is kept current. 167.16    (f) The Minnesota Housing Finance Agency must make a determination of the 167.17amount of payment a manufactured home owner would have been entitled to under a local 167.18ordinance in effect on May 26, 2007. Notwithstanding paragraph (a), the manufactured 167.19home owner's compensation for relocation costs from the fund under section 462A.35, is 167.20the greater of the amount provided under this subdivision, or the amount under the local 167.21ordinance in effect on May 26, 2007, that is applicable to the manufactured home owner. 167.22Nothing in this paragraph is intended to increase the liability of the park owner. 167.23    (g) Neither the neutral third party nor the Minnesota Housing Finance Agency shall 167.24be liable to any person for recovery if the funds in the Minnesota manufactured home 167.25relocation trust fund are insufficient to pay the amounts claimed. The Minnesota Housing 167.26Finance Agency shall keep a record of the time and date of its approval of payment to a 167.27claimant. 167.28    (h) The agency shall report to the chairs of the senate Finance Committee and 167.29house of representatives Ways and Means Committee by January 15 of each year on 167.30the Minnesota manufactured home relocation trust fund, including the account balance, 167.31payments to claimants, the amount of any advances to the fund, and the amount of any 167.32insufficiencies encountered during the previous calendar year new text begin , and any administrative new text end 167.33 new text begin charges or expenses deducted from the trust fund balance new text end . If sufficient funds become 167.34available, the Minnesota Housing Finance Agency shall pay the manufactured home 167.35owner whose unpaid claim is the earliest by time and date of approval. 168.1    Sec. 4. Minnesota Statutes 2008, section 462A.05, subdivision 14, is amended to read: 168.2    Subd. 14. Rehabilitation loans. It may agree to purchase, make, or otherwise 168.3participate in the making, and may enter into commitments for the purchase, making, or 168.4participation in the making, of eligible loans for rehabilitation new text begin , with terms and conditions new text end 168.5 new text begin as the agency deems advisable, new text end to persons and families of low and moderate income, and 168.6to owners of existing residential housing for occupancy by such persons and families, 168.7for the rehabilitation of existing residential housing owned by them. The loans may be 168.8insured or uninsured and may be made with security, or may be unsecured, as the agency 168.9deems advisable. The loans may be in addition to or in combination with long-term 168.10eligible mortgage loans under subdivision 3. They may be made in amounts sufficient 168.11to refinance existing indebtedness secured by the property, if refinancing is determined 168.12by the agency to be necessary to permit the owner to meet the owner's housing cost 168.13without expending an unreasonable portion of the owner's income thereon. No loan for 168.14rehabilitation shall be made unless the agency determines that the loan will be used 168.15primarily to make the housing more desirable to live in, to increase the market value of the 168.16housing, for compliance with state, county or municipal building, housing maintenance, 168.17fire, health or similar codes and standards applicable to housing, or to accomplish energy 168.18conservation related improvements. In unincorporated areas and municipalities not 168.19having codes and standards, the agency may, solely for the purpose of administering 168.20the provisions of this chapter, establish codes and standards. Except for accessibility 168.21improvements under this subdivision and subdivisions 14a and 24, clause (1), no secured 168.22loan for rehabilitation of any new text begin owner-occupied new text end property shall be made in an amount which, 168.23with all other existing indebtedness secured by the property, would exceed 110 percent 168.24of its market value, as determined by the agency. No loan under this subdivision new text begin for the new text end 168.25 new text begin rehabilitation of owner-occupied housing new text end shall be denied solely because the loan will not 168.26be used for placing the new text begin owner-occupied new text end residential housing in full compliance with all 168.27state, county, or municipal building, housing maintenance, fire, health, or similar codes 168.28and standards applicable to housing. Rehabilitation loans shall be made only when the 168.29agency determines that financing is not otherwise available, in whole or in part, from 168.30private lenders upon equivalent terms and conditions. Accessibility rehabilitation loans 168.31authorized under this subdivision may be made to eligible persons and families without 168.32limitations relating to the maximum incomes of the borrowers if: 168.33(1) the borrower or a member of the borrower's family requires a level of care 168.34provided in a hospital, skilled nursing facility, or intermediate care facility for persons 168.35with developmental disabilities; 168.36(2) home care is appropriate; and 169.1(3) the improvement will enable the borrower or a member of the borrower's family 169.2to reside in the housing. 169.3The agency may waive any requirement that the housing units in a residential housing 169.4development be rented to persons of low and moderate income if the development consists 169.5of four or less dwelling units, one of which is occupied by the owner. 169.6    Sec. 5. Minnesota Statutes 2008, section 462A.05, subdivision 14a, is amended to read: 169.7    Subd. 14a. Rehabilitation loans; existing owner occupied residential housing. 169.8It may make loans to persons and families of low and moderate income to rehabilitate 169.9or to assist in rehabilitating existing residential housing owned and occupied by those 169.10persons or families. No loan shall be made unless the agency determines that the loan 169.11will be used primarily for rehabilitation work necessary for health or safety, essential 169.12accessibility improvements, or to improve the energy efficiency of the dwelling. No 169.13loan for rehabilitation of owner occupied residential housing shall be denied solely 169.14because the loan will not be used for placing the residential housing in full compliance 169.15with all state, county or municipal building, housing maintenance, fire, health or similar 169.16codes and standards applicable to housing. The amount of any loan shall not exceed the 169.17lesser of (a) a maximum loan amount determined under rules adopted by the agency 169.18not to exceed $20,000 new text begin $27,000 new text end , or (b) the actual cost of the work performed, or (c) that 169.19portion of the cost of rehabilitation which the agency determines cannot otherwise be 169.20paid by the person or family without the expenditure of an unreasonable portion of the 169.21income of the person or family. Loans made in whole or in part with federal funds may 169.22exceed the maximum loan amount to the extent necessary to comply with federal lead 169.23abatement requirements prescribed by the funding source. In making loans, the agency 169.24shall determine the circumstances under which and the terms and conditions under which 169.25all or any portion of the loan will be repaid and shall determine the appropriate security 169.26for the repayment of the loan. Loans pursuant to this subdivision may be made with 169.27or without interest or periodic payments. 169.28    Sec. 6. Minnesota Statutes 2008, section 469.201, subdivision 2, is amended to read: 169.29    Subd. 2. City. "City" means a city of the first class as defined in section 410.01 169.30and new text begin , new text end a city of the second class that is designated as an economically depressed area by 169.31the United States Department of Commerce new text begin , and a statutory or home rule charter city, new text end 169.32 new text begin town, or township new text end . For each city, a port authority, housing and redevelopment authority, 169.33or other agency or instrumentality, the jurisdiction of which is the territory of the city, is 169.34included within the meaning of city. 170.1    Sec. 7. Minnesota Statutes 2008, section 469.201, subdivision 4, is amended to read: 170.2    Subd. 4. City matching money. (a) "City matching money" means the money of a 170.3city specified in a new text begin targeted new text end revitalization program. The sources of city matching money 170.4may include: 170.5(1) money from the general fund or a special fund of a city used to implement a 170.6 new text begin targeted new text end revitalization program; 170.7(2) money paid or repaid to a city from the proceeds of a grant that a city has 170.8received from the federal government, a profit or nonprofit corporation, or another entity 170.9or individual, that is to be used to implement a new text begin targeted new text end revitalization program; 170.10(3) tax increments received by a city under sections 469.174 to 469.179 or other law, 170.11if eligible, to be spent in the targeted neighborhood new text begin community new text end ; 170.12(4) the greater of the fair market value or the cost to the city of acquiring land, 170.13buildings, equipment, or other real or personal property that a city contributes, grants, 170.14leases, or loans to a profit or nonprofit corporation or other entity or individual, in 170.15connection with the implementation of a new text begin targeted new text end revitalization program; 170.16(5) city money to be used to acquire, install, reinstall, repair, or improve the 170.17infrastructure facilities of a targeted neighborhood new text begin community new text end ; 170.18(6) money contributed by a city to pay issuance costs, fund bond reserves, or to 170.19otherwise provide financial support for revenue bonds or obligations issued by a city for a 170.20project or program related to the implementation of a new text begin targeted new text end revitalization program; 170.21(7) money derived from fees received by a city in connection with its community 170.22development activities that are to be used in implementing a new text begin targeted new text end revitalization 170.23program; 170.24(8) money derived from the apportionment to the city under section 162.14 or by 170.25special law, and expended in a targeted neighborhood new text begin community new text end for an activity related to 170.26the new text begin targeted new text end revitalization program; 170.27(9) administrative expenses of the city that are incurred in connection with the 170.28planning, implementation, or reporting requirements of sections 469.201 to 469.207. 170.29(b) City matching money does not include: 170.30(1) city money used to provide a service or to exercise a function that is ordinarily 170.31provided throughout the city, unless an increased level of the service or function is 170.32to be provided in a targeted neighborhood new text begin community new text end in accordance with a new text begin targeted new text end 170.33revitalization program; 170.34(2) the proceeds of bonds issued by the city under chapter 462C or 469 and payable 170.35solely from repayments made by one or more nongovernmental persons in consideration 170.36for the financing provided by the bonds; or 171.1(3) money given by the state to fund any part of the new text begin targeted new text end revitalization program. 171.2    Sec. 8. Minnesota Statutes 2008, section 469.201, subdivision 6, is amended to read: 171.3    Subd. 6. Housing activities. "Housing activities" include any work or undertaking 171.4to provide housing and related services and amenities primarily for persons and families of 171.5low or moderate income. This work or undertaking may include the planning of buildings 171.6and improvements; the acquisition of real property new text begin , new text end which may be needed immediately new text begin new text end 171.7 new text begin to address vacancies, foreclosures, and preservation of housing now new text end or in the future for 171.8housing purposes and the new text begin ; new text end demolition of any existing improvements new text begin ; activities to address new text end 171.9 new text begin lead abatement, energy efficiencies, or other activities related to the health of a building new text end ; 171.10and the construction, reconstruction, alteration, and repair of new and existing buildings. 171.11Housing activities also include the provision of a housing rehabilitation and energy 171.12improvement loan and grant program with respect to any residential property located 171.13within the targeted neighborhood new text begin community new text end , the cost of relocation relating to acquiring 171.14property for housing activities, and programs authorized by chapter 462C. 171.15    Sec. 9. Minnesota Statutes 2008, section 469.201, subdivision 7, is amended to read: 171.16    Subd. 7. Lost unit. "Lost unit" means a rental housing unit new text begin that has been vacant new text end 171.17 new text begin for more than six months or has been condemned for code violations, new text end that is lost as a 171.18result of revitalization activities because it is demolished, converted to an owner-occupied 171.19unit that is not a cooperative, or converted to a nonresidential use, or because the gross 171.20rent to be charged exceeds 125 percent of the gross rent charged for the unit six months 171.21before the start of rehabilitation. 171.22    Sec. 10. Minnesota Statutes 2008, section 469.201, subdivision 10, is amended to read: 171.23    Subd. 10. Targeted neighborhood new text begin community new text end . "Targeted neighborhood new text begin new text end 171.24 new text begin community new text end " means an area including one or more census tracts, as determined and 171.25measured by the Bureau of Census of the United States Department of Commerce, that 171.26a city council determines in a resolution adopted under section 469.202, subdivision 1, 171.27meets the criteria of section 469.202, subdivision 2, and any additional area designated 171.28under section 469.202, subdivision 3. 171.29    Sec. 11. Minnesota Statutes 2008, section 469.201, subdivision 11, is amended to read: 171.30    Subd. 11. Targeted neighborhood new text begin community new text end money. "Targeted neighborhood new text begin new text end 171.31 new text begin community new text end money" means the money designated in the new text begin targeted new text end revitalization program to 171.32be used to implement the new text begin targeted new text end revitalization program. 172.1    Sec. 12. Minnesota Statutes 2008, section 469.201, subdivision 12, is amended to read: 172.2    Subd. 12. Targeted neighborhood new text begin community new text end revitalization and financing 172.3program. "Targeted neighborhood new text begin community new text end revitalization and financing program," 172.4"revitalization program," or "program" means the targeted neighborhood new text begin community new text end 172.5revitalization and financing program adopted in accordance with section 469.203. 172.6    Sec. 13. Minnesota Statutes 2008, section 469.202, is amended to read: 172.7469.202 DESIGNATION OF TARGETED NEIGHBORHOODS new text begin new text end 172.8 new text begin COMMUNITIES new text end . 172.9    Subdivision 1. City authority. A city may by resolution designate new text begin a new text end targeted 172.10neighborhoods new text begin community new text end within its borders after adopting detailed findings that the 172.11designated neighborhoods new text begin communities new text end meet the eligibility requirements in subdivision 2 172.12or 3. 172.13    Subd. 2. Eligibility requirements for targeted neighborhoods new text begin communities new text end . An 172.14area within a city is eligible for designation as a targeted neighborhood new text begin community new text end if the 172.15area meets two new text begin three new text end of the following three new text begin four new text end criteria: 172.16(a) The area had an unemployment rate that was twice the unemployment rate for 172.17the Minneapolis and Saint Paul standard metropolitan statistical area as determined by 172.18the most recent federal decennial census. 172.19(b) The median household income in the area was no more than half new text begin 80 percent of new text end 172.20 the median household income for the Minneapolis and Saint Paul standard metropolitan 172.21statistical area as determined by the most recent federal decennial census. 172.22(c) The area is characterized by residential dwelling units in need of substantial 172.23rehabilitation. An area qualifies under this paragraph if 25 percent or more of the 172.24residential dwelling units are in substandard condition as determined by the city, or if 70 172.25percent or more of the residential dwelling units in the area were built before 1940 new text begin 1960 new text end as 172.26determined by the most recent federal decennial census. 172.27 new text begin (d) The area is characterized by having a disproportionate number of vacant new text end 172.28 new text begin residential buildings and mortgage foreclosures. An area qualifies under this paragraph new text end 172.29 new text begin if it has either: new text end 172.30 new text begin (1) a foreclosure rate of at least 1.5 percent in 2008; or new text end 172.31 new text begin (2) a foreclosure rate in 2008 in the city or in a zip code area of the city that is at new text end 172.32 new text begin least 50 percent higher than the average foreclosure rate in the metropolitan area, as new text end 172.33 new text begin defined in section 473.121, subdivision 2. For purposes of this paragraph, "foreclosure new text end 172.34 new text begin rate" means the number of foreclosures, as indicated by sheriff sales records, divided by new text end 172.35 new text begin the number of households in the city in 2007. new text end 173.1    Subd. 3. Additional area eligible for inclusion in targeted neighborhood new text begin new text end 173.2 new text begin community new text end . (a) A city may add to the area designated as a targeted neighborhood new text begin new text end 173.3 new text begin community new text end under subdivision 2 additional area extending up to four contiguous city 173.4blocks in all directions from the designated targeted neighborhood new text begin community new text end . For the 173.5purpose of this subdivision, "city block" has the meaning determined by the city; or 173.6(b) The city may enlarge the targeted neighborhood new text begin community new text end to include portions 173.7of a census tract that is contiguous to a targeted neighborhood new text begin community new text end , provided that 173.8the city council first determines the additional area satisfies two new text begin three new text end of the three new text begin four new text end 173.9criteria in subdivision 2. 173.10    Sec. 14. Minnesota Statutes 2008, section 469.203, subdivision 1, is amended to read: 173.11    Subdivision 1. Requirements. For each targeted neighborhood new text begin community new text end for 173.12which a city requests state financial assistance under section 469.204, the city must 173.13prepare a comprehensive revitalization and financing program that includes the following: 173.14(1) the revitalization objectives of the city for the targeted neighborhood new text begin community new text end ; 173.15(2) the specific activities or means by which the city intends to pursue and implement 173.16the revitalization objectives; 173.17(3) the extent to which the activities identified in clause (2) will benefit low- 173.18and moderate-income families, will alleviate the blighted condition of the targeted 173.19neighborhood new text begin community new text end , or will otherwise assist in the revitalization of the targeted 173.20neighborhood new text begin community new text end ; 173.21(4) a statement of the intended outcomes to be achieved by implementation of the 173.22 new text begin targeted new text end revitalization program, how the outcomes will be measured both qualitatively and 173.23quantitatively, and the estimated time over which they will occur; and 173.24(5) a financing program and budget that identifies the financial resources necessary 173.25to implement the new text begin targeted new text end revitalization program, including: 173.26(i) the estimated total cost to implement the new text begin targeted new text end revitalization program; 173.27(ii) the estimated cost to implement each activity in the revitalization program 173.28identified in clause (2); 173.29(iii) the estimated amount of financial resources that will be available from all 173.30sources other than from the appropriation available under section 469.204 to implement 173.31the revitalization program, including the amount of private investment expected to result 173.32from the use of public money in the targeted neighborhood new text begin community new text end ; 173.33(iv) the estimated amount of the appropriation available under section 469.204 that 173.34will be necessary to implement the new text begin targeted new text end revitalization program; 174.1(v) a description of the activities identified in the new text begin targeted new text end revitalization program for 174.2which the state appropriation will be committed or spent; and 174.3(vi) a statement of how the city intends to meet the requirement for a financial 174.4contribution from city matching money in accordance with section 469.204, subdivision 3. 174.5    Sec. 15. Minnesota Statutes 2008, section 469.203, subdivision 2, is amended to read: 174.6    Subd. 2. Targeted neighborhood new text begin community new text end participation in preparing 174.7revitalization program. A city requesting state financial assistance under section 174.8469.204 shall adopt new text begin follow new text end a process to involve the residents of targeted neighborhoods new text begin new text end 174.9 new text begin communities new text end in the development, drafting, and implementation of the new text begin targeted new text end 174.10revitalization program. The process shall include the use of a citizen participation 174.11process established by the city. A description of the process must be included in the 174.12program. The process to involve residents of the targeted neighborhood new text begin community new text end 174.13must include at least one public hearing. The city of Minneapolis shall establish the 174.14community-based process as outlined in subdivision 3. The city of St. Paul shall use 174.15the same community-based process the city used in planning, developing, drafting, and 174.16implementing the revitalization program required under Laws 1987, chapter 386, article 6, 174.17section 6. The city of Duluth shall use the same citizen participation process the city used 174.18in planning, developing, and implementing the federal funded community development 174.19program new text begin meeting in the targeted community new text end . 174.20    Sec. 16. Minnesota Statutes 2008, section 469.203, subdivision 4, is amended to read: 174.21    Subd. 4. City approval of program. (a) Before new text begin or after new text end adoption of a revitalization 174.22program under paragraph (b), the city must submit a preliminary program to the 174.23commissioner and the Minnesota Housing Finance Agency for their comments. The city 174.24may not adopt the revitalization program until comments have been received from the 174.25state agencies or 30 days have elapsed without response after the program was sent to 174.26them. Comments received by the city from the state agencies within the 30-day period new text begin 30 new text end 174.27 new text begin days after submission of the preliminary program new text end must be responded to in writing by the 174.28city before adoption of the program by the city. 174.29(b) The city may adopt a new text begin targeted new text end revitalization program only after holding a public 174.30hearing after the program has been prepared. Notice of the hearing must be provided in a 174.31newspaper of general circulation in the city and in the most widely circulated community 174.32newspaper in the targeted neighborhoods not less than ten days nor more than 30 days 174.33before the date of the hearing new text begin subject to any local public notification requirements new text end 175.1 new text begin and consistent with citizen participation process established for identifying targeted new text end 175.2 new text begin communities new text end . 175.3(c) A certification by the city that a new text begin targeted new text end revitalization program has been 175.4approved by the city council for the targeted neighborhood new text begin community new text end must be provided 175.5to the commissioner together with a copy of the program. A copy of the program must 175.6also be provided to the Minnesota Housing Finance Agency and the commissioner of 175.7employment and economic development. 175.8(d) A new text begin targeted new text end revitalization program for the city may be modified at any time by 175.9the city council after a public hearing, notice of which is published in a newspaper of 175.10general circulation in the city and in the targeted neighborhood at least ten days nor 175.11more than 30 days before the date of the hearing. If the city council determines that the 175.12proposed modification is a significant modification to the program originally certified 175.13under paragraph (c), the city council shall implement the new text begin targeted new text end revitalization program 175.14approval and certification process of this subdivision for the proposed modification. 175.15    Sec. 17. Minnesota Statutes 2008, section 469.204, subdivision 1, is amended to read: 175.16    Subdivision 1. Payment of state money. Upon receipt from a city of a certification 175.17that a revitalization program has been adopted or modified, the commissioner shall, within 175.1830 days, pay to the city the amount of state money identified as necessary to implement 175.19the revitalization program or program modification. State money may be paid to the 175.20city only to the extent that the appropriation limit for the city specified in subdivision 2 175.21is not exceeded. Once the state money has been paid to the city, it becomes targeted 175.22neighborhood new text begin community new text end money for use by the city in accordance with an adopted 175.23revitalization program and subject only to the restrictions on its use in sections 469.201 to 175.24469.207 . 175.25    Sec. 18. Minnesota Statutes 2008, section 469.204, is amended by adding a subdivision 175.26to read: 175.27     new text begin Subd. 4. new text end new text begin Revolving fund. new text end new text begin A targeted community revitalization revolving fund new text end 175.28 new text begin is established in the state treasury. The fund consists of all money appropriated to the new text end 175.29 new text begin commissioner for the purposes of sections 469.201 to 469.207 and all proceeds received new text end 175.30 new text begin by the commissioner as the result of housing activities related to a targeted community new text end 175.31 new text begin revitalization program. new text end 176.1    Sec. 19. Minnesota Statutes 2008, section 469.205, is amended to read: 176.2469.205 CITY POWERS; USES OF TARGETED NEIGHBORHOOD new text begin new text end 176.3 new text begin COMMUNITY new text end MONEY. 176.4    Subdivision 1. Consolidation of existing powers in targeted neighborhoods new text begin new text end 176.5 new text begin communities new text end . A city may exercise any of its corporate powers within a targeted 176.6neighborhood new text begin community new text end . Those powers shall include, but not be limited to, all of 176.7the powers enumerated and granted to any city by chapters 462C, 469, and 474A. For 176.8the purposes of sections 469.048 to 469.068, a targeted neighborhood new text begin community new text end is 176.9considered an industrial development district. A city may exercise the powers of sections 176.10469.048 to 469.068 in conjunction with, and in addition to, exercising the powers granted 176.11by sections 469.001 to 469.047 and chapter 462C, in order to promote and assist housing 176.12construction and rehabilitation within a targeted neighborhood new text begin community new text end . For the 176.13purposes of section 462C.02, subdivision 9, a targeted neighborhood new text begin community new text end is 176.14considered a "targeted area." 176.15    Subd. 2. Grants and loans. In addition to the authority granted by other law, a city 176.16may make grants, loans, and other forms of public assistance to individuals, for-profit and 176.17nonprofit corporations, and other organizations to implement a new text begin targeted new text end revitalization 176.18program. The public assistance must contain the terms the city considers proper to 176.19implement a new text begin targeted new text end revitalization program. 176.20    Subd. 3. Eligible uses of targeted neighborhood new text begin community new text end money. The city may 176.21spend targeted neighborhood new text begin community new text end money for any purpose authorized by subdivision 176.221 or 2, except that an amount equal to at least 50 percent of the state payment under section 176.23469.204 made to the city must be used for housing activities. Use of target neighborhood new text begin new text end 176.24 new text begin targeted community new text end money must be authorized in a new text begin targeted new text end revitalization program. 176.25    Sec. 20. Minnesota Statutes 2008, section 469.207, subdivision 2, is amended to read: 176.26    Subd. 2. Annual report. A city that begins to implement a revitalization program 176.27in a calendar year must, by March 1 of the succeeding calendar year, provide a detailed 176.28report on the revitalization program or programs being implemented in the city. The report 176.29must describe the status of the program implementation and analyze whether the intended 176.30outcomes identified in section 469.203, subdivision 1, clause (4), are being achieved. The 176.31report must include at least the following: 176.32(1) the number of housing units, including lost units, removed, created, lost, 176.33replaced, relocated, and assisted as a result of the program. The level of rent of the units 176.34and the income of the households affected must be included in the report; 177.1(2) the number and type of commercial establishments removed, created, and 177.2assisted as a result of a revitalization program. The report must include information 177.3regarding the number of new jobs created by category, whether the jobs are full time or 177.4part time, and the salary or wage levels of both new and expanded jobs in the affected 177.5commercial establishments; 177.6(3) a description of a statement of the cost of the public improvement projects that 177.7are part of the program and the number of jobs created for each $20,000 of money spent 177.8on commercial projects and applicable public improvement projects; 177.9(4) the increase in the tax capacity for the city as a result of the assistance to 177.10commercial and housing assistance; and 177.11(5) the amount of private investment that is a result of the use of public money 177.12in a targeted neighborhood new text begin community new text end . 177.13The report must be submitted to the commissioner, the Minnesota housing finance 177.14agency, and the legislative audit commission, and must be available to the public. 177.15    Sec. 21. Minnesota Statutes 2008, section 580.07, is amended to read: 177.16580.07 POSTPONEMENT. 177.17     new text begin Subdivision 1. new text end new text begin Postponement by mortgagee. new text end The sale may be postponed, from 177.18time to time, by the party conducting the foreclosure, by inserting a notice of the 177.19postponement, as soon as practicable, in the newspaper in which the original advertisement 177.20was published, at the expense of the party requesting the postponement. The notice shall 177.21be published only once. 177.22     new text begin Subd. 2. new text end new text begin Postponement by mortgagor or owner. new text end new text begin (a) If all or a part of the property new text end 177.23 new text begin to be sold is classified as homestead under section 273.124 and contains one to four new text end 177.24 new text begin dwelling units, the mortgagor or owner may postpone the sale to the first date that is not new text end 177.25 new text begin a Saturday, Sunday, or legal holiday and is five months after the originally scheduled new text end 177.26 new text begin date of sale in the manner provided in this subdivision. To postpone a foreclosure sale new text end 177.27 new text begin pursuant to this subdivision, at any time after the first publication of the notice of mortgage new text end 177.28 new text begin foreclosure sale under section 580.03 but at least 15 days prior to the scheduled sale date new text end 177.29 new text begin specified in that notice, the mortgagor shall: (1) execute a sworn affidavit in the form set new text end 177.30 new text begin forth in subdivision 3, (2) record the affidavit in the office of each county recorder and new text end 177.31 new text begin registrar of titles where the mortgage was recorded, and (3) file with the sheriff conducting new text end 177.32 new text begin the sale and deliver to the attorney foreclosing the mortgage, a copy of the recorded new text end 177.33 new text begin affidavit, showing the date and office in which the affidavit was recorded. Recording of new text end 177.34 new text begin the affidavit and postponement of the foreclosure sale pursuant to this subdivision shall new text end 177.35 new text begin automatically reduce the mortgagor's redemption period under section 580.23 to five new text end 178.1 new text begin weeks. The postponement of a foreclosure sale pursuant to this subdivision does not new text end 178.2 new text begin require any change in the contents of the notice of sale, service of the notice of sale if the new text end 178.3 new text begin occupant was served with the notice of sale prior to postponement under this subdivision, new text end 178.4 new text begin or publication of the notice of sale if publication was commenced prior to postponement new text end 178.5 new text begin under this subdivision, notwithstanding the service and publication time periods specified new text end 178.6 new text begin in section 580.03, but the sheriff's certificate of sale shall indicate the actual date of the new text end 178.7 new text begin foreclosure sale and the actual length of the mortgagor's redemption period. No notice new text end 178.8 new text begin of postponement need be published. An affidavit complying with subdivision 3 shall be new text end 178.9 new text begin prima facie evidence of the facts stated therein, and shall be entitled to be recorded. The new text end 178.10 new text begin right to postpone a foreclosure sale pursuant to this subdivision may be exercised only new text end 178.11 new text begin once, regardless whether the mortgagor reinstates the mortgage prior to the postponed new text end 178.12 new text begin mortgage foreclosure sale. new text end 178.13 new text begin (b) If the automatic stay under United States Code, title 11, section 362, applies new text end 178.14 new text begin to the mortgage foreclosure after a mortgagor or owner requests postponement of the new text end 178.15 new text begin sheriff's sale under this section, then when the automatic stay is no longer applicable, the new text end 178.16 new text begin mortgagor's or owner's election to shorten the redemption period to five weeks under this new text end 178.17 new text begin section remains applicable to the mortgage foreclosure. new text end 178.18     new text begin Subd. 3. new text end new text begin Affidavit form. new text end new text begin The affidavit referred to in subdivision 2 shall be in new text end 178.19 new text begin substantially the following form and shall contain all of the following information. new text end 178.20 new text begin STATE OF ______________ new text end 178.21 new text begin COUNTY OF ______________ new text end 178.22     new text begin ________________________________________ (whether one or more, "Owner"), new text end 178.23 new text begin being first duly sworn on oath, states as follows: new text end 178.24     new text begin 1. (He is) (She is) (They are) the owner(s) or mortgagor(s) of the real property (the new text end 178.25 new text begin "Property") situated in __________ (Name of) County, Minnesota, legally described in the new text end 178.26 new text begin attached published Notice of Mortgage Foreclosure Sale (the "Notice"), and make this new text end 178.27 new text begin affidavit for the purpose of postponing the foreclosure sale of the Property pursuant to new text end 178.28 new text begin Minnesota Statutes, section 580.07, subdivision 2, for five months from the date scheduled new text end 178.29 new text begin in the attached Notice. new text end 178.30     new text begin 2. The Property is classified as homestead under Minnesota Statutes, section new text end 178.31 new text begin 273.124, is occupied by Owner as a homestead, and is improved with not more than new text end 178.32 new text begin four dwelling units. new text end 178.33     new text begin 3. Owner has elected to shorten Owner's redemption period from any foreclosure new text end 178.34 new text begin sale of the Property to five weeks in exchange for the postponement of the foreclosure new text end 178.35 new text begin sale for five months. new text end 179.1 new text begin ___________________________________________ (signature(s) of owner) new text end 179.2 new text begin Signed and sworn to (or affirmed) before me on .......... (date) by ................ (name(s) new text end 179.3 new text begin of person(s) making statement). new text end 179.4 new text begin ___________________________________________ (signature of notary public) new text end 179.5 new text begin Notary Public new text end 179.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective one month after the date of final new text end 179.7 new text begin enactment, and applies to foreclosure sales scheduled to occur on or after said effective new text end 179.8 new text begin date. new text end 179.9    Sec. 22. new text begin CONSTRUCTION MITIGATION PILOT PROGRAM. new text end 179.10     new text begin Subdivision 1. new text end new text begin Purpose. new text end new text begin The purpose of the construction mitigation grant program new text end 179.11 new text begin is to mitigate the impacts of transportation construction on local small businesses, to new text end 179.12 new text begin promote the retention of jobs in transportation construction areas, and to provide outreach new text end 179.13 new text begin to the public and small businesses to minimize interruption to local commerce. The new text end 179.14 new text begin Department of Transportation, Department of Employment and Economic Development, new text end 179.15 new text begin and local government units shall work together to ensure that the recommendations new text end 179.16 new text begin of the Department of Transportation's 2009 report to the legislature on transportation new text end 179.17 new text begin construction impacts and any statutory changes resulting from the report recommendations new text end 179.18 new text begin are applied when implementing the grant program. new text end 179.19     new text begin Subd. 2. new text end new text begin Establishment. new text end new text begin The commissioner of employment and economic new text end 179.20 new text begin development shall develop and implement a construction mitigation grant program to new text end 179.21 new text begin make grants available to local government units to mitigate the impacts of transportation new text end 179.22 new text begin construction on local small businesses. new text end 179.23     new text begin Subd. 3. new text end new text begin Definitions. new text end new text begin For purposes of this section: new text end 179.24 new text begin (1) "applicant" means a local government unit; new text end 179.25 new text begin (2) "commissioner" means the commissioner of the Department of Employment and new text end 179.26 new text begin Economic Development; new text end 179.27 new text begin (3) "eligible transportation project entirely or partially funded by state or federal new text end 179.28 new text begin funds" means a project that will affect one or more small businesses as a result of new text end 179.29 new text begin transportation work because the work is anticipated to impair road access for a minimum new text end 179.30 new text begin period of one month; new text end 179.31 new text begin (4) "local government unit" means a county, statutory or home rule charter city, new text end 179.32 new text begin town, special district, or other political subdivision; new text end 179.33 new text begin (5) "project" has the meaning given it in Minnesota Statutes, section 161.2415; and new text end 180.1 new text begin (6) "small business" means a business that employs ten or fewer employees and is new text end 180.2 new text begin located in an area that is adjacent to an eligible project. new text end 180.3     new text begin Subd. 4. new text end new text begin Applications. new text end new text begin A grant applicant shall prepare and submit to the new text end 180.4 new text begin commissioner a written proposal detailing a construction mitigation plan and strategies new text end 180.5 new text begin on how the applicant will implement the plan to meet the purpose of the grant program new text end 180.6 new text begin as provided in subdivision 1. An applicant shall identify any nonstate funding sources new text end 180.7 new text begin available to match state funds distributed under subdivision 5. new text end 180.8     new text begin Subd. 5. new text end new text begin Fund distribution. new text end new text begin In distributing funds, the commissioner shall consider new text end 180.9 new text begin the types of businesses affected by the eligible transportation project and shall balance new text end 180.10 new text begin funding between eligible transportation projects within the seven-county metropolitan area new text end 180.11 new text begin and eligible transportation projects outside of the seven-county metropolitan area. new text end 180.12     new text begin Subd. 6. new text end new text begin Expiration. new text end new text begin This section expires on July 1, 2011. new text end 180.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 180.14    Sec. 23. new text begin REPEALER. new text end 180.15 new text begin Minnesota Statutes 2008, sections 469.203, subdivision 3; and 469.204, subdivisions new text end 180.16 new text begin 2 and 3, new text end new text begin are repealed. new text end 180.17ARTICLE 9 180.18MINNESOTA HERITAGE 180.19    Section 1. Minnesota Statutes 2008, section 129D.13, subdivision 1, is amended to 180.20read: 180.21    Subdivision 1. Distribution. The commissioner shall distribute the money provided 180.22by sections 129D.11 to 129D.13. Twice Annually the commissioner shall make block 180.23grants which shall be distributed in equal amounts to public stations for operational costs. 180.24The commissioner shall allocate money appropriated for the purposes of sections 129D.11 180.25to 129D.13 in such a manner that each eligible public station receives a block grant. In 180.26addition, the commissioner shall make matching grants to public stations. Matching grants 180.27shall be used for operational costs and shall be allocated using the procedure developed 180.28for distribution of state money under this section for grants made in fiscal year 1979. No 180.29station's matching grant in any fiscal year shall exceed the amount of Minnesota-based 180.30contributions received by that station in the previous fiscal year. Grants made pursuant to 180.31this subdivision may only be given to those federally licensed stations that are certified as 180.32eligible for community service grants through the Corporation for Public Broadcasting. 181.1 new text begin Grant funds not expended by a station during the first year of the biennium do not cancel new text end 181.2 new text begin and may be carried over into the second fiscal year. new text end 181.3    Sec. 2. Minnesota Statutes 2008, section 129D.13, subdivision 2, is amended to read: 181.4    Subd. 2. Exclusions from contribution amount. In calculating the amount of 181.5contributions received by a public station pursuant to subdivision 1, there shall be 181.6excluded: contributions, whether monetary or in kind, from the Corporation for Public 181.7Broadcasting; tax generated funds, including payments by public or private elementary 181.8and secondary schools; that portion of any foundation or corporation donation in excess 181.9of $500 new text begin $2,500 new text end from any one contributor in a calendar new text begin the previous station fiscal new text end year; 181.10contributions from any source if made for the purpose of capital expenditures; and 181.11contributions from all sources based outside the state. 181.12    Sec. 3. Minnesota Statutes 2008, section 129D.13, subdivision 3, is amended to read: 181.13    Subd. 3. Report. Each educational station receiving a grant shall annually report 181.14by July 1 new text begin annually by August 1 new text end to the commissioner the purposes for which the money 181.15was used in the past fiscal year and the anticipated use of the money in the next fiscal year. 181.16The report shall be certified by an independent auditor or a certified public accountant. 181.17 new text begin This report shall be submitted along with a new grant request submission. new text end If the report 181.18is not submitted by September 1, the commissioner may withhold from the educational 181.19station 45 percent of the amount to which it was entitled based upon the contribution of 181.20the previous fiscal year, and may redistribute that money to other educational stations. 181.21    Sec. 4. Minnesota Statutes 2008, section 129D.14, subdivision 4, is amended to read: 181.22    Subd. 4. Application. To be eligible for a grant under this section, a licensee 181.23shall submit an application to the commissioner within the deadline prescribed by the 181.24commissioner new text begin according to state grant policies new text end . Each noncommercial radio station 181.25receiving a grant shall report annually within the deadline prescribed by new text begin August 1 to new text end the 181.26commissioner the purposes for which the money was used in the past fiscal year and the 181.27anticipated use of the money for the next fiscal year. new text begin This report shall be submitted along new text end 181.28 new text begin with a new grant request submission. new text end If the application and report are not submitted within 181.29the deadline prescribed by the commissioner, the grant may be redistributed to the other 181.30noncommercial radio stations eligible for a grant under this section. 181.31    Sec. 5. Minnesota Statutes 2008, section 129D.14, subdivision 5, is amended to read: 182.1    Subd. 5. State community service block grants. (a) The commissioner shall 182.2determine eligibility for block grants and the allocation of block grant money on the basis 182.3of audited financial records of the station to receive the block grant funds for the station's 182.4fiscal year preceding the year in which the grant is made, as well as on the basis of the 182.5other requirements set forth in this section. The commissioner shall annually distribute 182.6block grants equally to all stations that comply with the eligibility requirements and for 182.7which a licensee applies for a block grant. new text begin Grant funds not expended by a station during new text end 182.8 new text begin the first year of the biennium do not cancel and may be carried over into the second fiscal new text end 182.9 new text begin year. new text end The commissioner may promulgate rules to implement this section. 182.10(b) A station may use grant money under this section for any radio station expenses. 182.11    Sec. 6. Minnesota Statutes 2008, section 129D.14, subdivision 6, is amended to read: 182.12    Subd. 6. Audit. A station that receives a grant under this section shall have an 182.13audit of its financial records made by an independent auditor or Corporation for Public 182.14Broadcasting accepted audit at the end of new text begin for new text end the fiscal year for which it received the grant. 182.15The audit shall include a review of station promotion, operation, and management and an 182.16analysis of the station's use of the grant money. A copy of the new text begin most recent new text end audit shall be 182.17filed with the commissioner. If neither is available, The commissioner may accept a letter 182.18of negative assurance from an independent auditor or a certified public accountant. 182.19    Sec. 7. Minnesota Statutes 2008, section 129D.155, is amended to read: 182.20129D.155 REPAYMENT OF FUNDS. 182.21State funds distributed to public television or noncommercial radio stations and used 182.22to purchase equipment assets must be repaid to the state, without interest, if the assets 182.23purchased with these funds are sold new text begin within five years new text end or otherwise converted to a person 182.24other than a nonprofit or municipal corporation. The amount due to the state shall be the 182.25net amount realized from the sale of the assets, but shall not exceed the amount of state 182.26funds advanced for the purchase of the asset. Public television and noncommercial radio 182.27stations receiving state funds must report biennially to the legislature on the location and 182.28usage of assets purchased with state funds. 182.29    Sec. 8. new text begin REVISOR'S INSTRUCTION. new text end 182.30     new text begin In Minnesota Statutes, the revisor of statutes shall change the term "commission" to new text end 182.31 new text begin "center" wherever the term appears as part of or in reference to "Minnesota Humanities new text end 182.32 new text begin Commission." new text end 183.1    Sec. 9. new text begin REPEALER. new text end 183.2 new text begin Minnesota Statutes 2008, section 129D.13, subdivision 4, new text end new text begin is repealed. new text end