1.1 	A bill for an act
1.2 	relating to economic development and housing; establishing and modifying 
1.3 	certain programs; providing for regulation of certain activities and practices; 
1.4 	amending certain unemployment insurance provisions; providing for accounts, 
1.5 	assessments, and fees; changing codes and licensing provisions; amending Iron 
1.6 	Range resources provisions; regulating debt management and debt settlement 
1.7 	services; increasing certain occupation license fees; making technical changes; 
1.8 	providing penalties; appropriating money;amending Minnesota Statutes 2008, 
1.9 	sections 15.75, subdivision 5; 16B.54, subdivision 2; 45.011, subdivision 1; 
1.10 	45.027, subdivision 1; 46.04, subdivision 1; 46.05; 46.131, subdivision 2; 84.94, 
1.11 	subdivision 3; 115C.08, subdivision 4; 116J.035, subdivisions 1, 6; 116J.401, 
1.12 	subdivision 2; 116J.424; 116J.435, subdivisions 2, 3; 116J.68, subdivision 2; 
1.13 	116J.8731, subdivisions 2, 3; 116L.03, subdivision 5; 116L.05, subdivision 5; 
1.14 	116L.871, subdivision 1; 116L.96; 123A.08, subdivision 1; 124D.49, subdivision 
1.15 	3; 129D.13, subdivisions 1, 2, 3; 129D.14, subdivisions 4, 5, 6; 129D.155; 
1.16 	154.44, subdivision 1; 160.16, by adding a subdivision; 160.276, subdivision 
1.17 	8; 241.27, subdivision 1; 248.061, subdivision 3; 248.07, subdivisions 7, 8; 
1.18 	256J.626, subdivision 4; 256J.66, subdivision 1; 268.031; 268.035, subdivisions 
1.19 	2, 17, by adding subdivisions; 268.042, subdivision 3; 268.043; 268.044, 
1.20 	subdivision 2; 268.047, subdivisions 1, 2; 268.051, subdivisions 1, 4; 268.052, 
1.21 	subdivision 2; 268.053, subdivision 1; 268.057, subdivisions 4, 5; 268.0625, 
1.22 	subdivision 1; 268.066; 268.067; 268.069, subdivision 1; 268.07, subdivisions 
1.23 	1, 2, 3, 3b; 268.084; 268.085, subdivisions 1, 2, 3, 3a, 4, 5, 6, 15; 268.095, 
1.24 	subdivisions 1, 2, 4, 10, 11; 268.101, subdivisions 1, 2; 268.103, subdivision 1, by 
1.25 	adding a subdivision; 268.105, subdivisions 1, 2, 3a, 4; 268.115, subdivision 5; 
1.26 	268.125, subdivision 5; 268.135, subdivision 4; 268.145, subdivision 1; 268.18, 
1.27 	subdivisions 1, 2, 4a; 268.186; 268.196, subdivisions 1, 2; 268.199; 268.211; 
1.28 	268A.06, subdivision 1; 270.97; 298.22, subdivisions 2, 5a, 6, 7, 8, 10, 11; 
1.29 	298.221; 298.2211, subdivision 3; 298.2213, subdivision 4; 298.2214, by adding 
1.30 	a subdivision; 298.223; 298.227; 298.28, subdivision 9d; 298.292, subdivision 2; 
1.31 	298.294; 298.296, subdivision 2; 298.2961; 325E.115, subdivision 1; 325E.1151, 
1.32 	subdivisions 1, 3, 4; 325E.311, subdivision 6; 326B.33, subdivisions 13, 19; 
1.33 	326B.46, subdivision 4; 326B.475, subdivisions 4, 7; 326B.49, subdivision 
1.34 	1; 326B.56, subdivision 4; 326B.58; 326B.815, subdivision 1; 326B.821, 
1.35 	subdivision 2; 326B.86, subdivision 1; 326B.885, subdivision 2; 326B.89, 
1.36 	subdivisions 3, 16; 326B.94, subdivision 4; 326B.972; 326B.986, subdivisions 2, 
1.37 	5, 8; 327B.04, subdivisions 7, 8, by adding a subdivision; 327C.03, by adding a 
1.38 	subdivision; 327C.095, subdivision 12; 332A.02, subdivisions 5, 8, 9, 10, 13, 
1.39 	by adding subdivisions; 332A.04, subdivision 6; 332A.08; 332A.10; 332A.11, 
2.1 	subdivision 2; 332A.14; 469.169, subdivision 3; Laws 1998, chapter 404, section 
2.2 	23, subdivision 6, as amended; proposing coding for new law in Minnesota 
2.3 	Statutes, chapters 1; 116J; 137; 161; 268; 298; 326B; proposing coding for new 
2.4 	law as Minnesota Statutes, chapter 332B; repealing Minnesota Statutes 2008, 
2.5 	sections 116J.402; 116J.413; 116J.58, subdivision 1; 116J.59; 116J.61; 116J.656; 
2.6 	116L.16; 116L.88; 116U.65; 129D.13, subdivision 4; 176.135, subdivision 1b; 
2.7 	268.085, subdivision 14; 268.086; Minnesota Rules, part 1350.8300.
2.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.9 	ARTICLE 1
2.10 	ECONOMIC DEVELOPMENT AND HOUSING

2.11	Section 1.  SUMMARY OF APPROPRIATIONS.
 	
2.12 	The amounts shown in this section summarize direct appropriations, by fund, made 
2.13 	in this article.

2.14			2010
		2011
		Total
	
2.15	General
	$
	154,697,000
	$
	153,031,000
	$
	307,728,000
	
2.16	Workforce Development
		17,007,000
		17,257,000
		34,264,000
	
2.17	Remediation
		700,000
		700,000
		1,400,000
	
2.18
2.19	Petroleum Tank Release 
Clean-Up Fund
		1,084,000
		1,084,000
		2,168,000
	
2.20	Workers' Compensation
		23,325,000
		23,325,000
		46,650,000

2.21	Total
	$
	196,813,000
	$
	195,397,000
	$
	392,210,000

								

								

2.22	Sec. 2. APPROPRIATIONS.
 	
2.23 	The sums shown in the columns marked "Appropriations" are appropriated to the 
2.24 	agencies and for the purposes specified in this article.  The appropriations are from the 
2.25 	general fund, or another named fund, and are available for the fiscal years indicated 
2.26 	for each purpose.  The figures "2010" and "2011" used in this article mean that the 
2.27 	appropriations listed under them are available for the fiscal year ending June 30, 2010, or 
2.28 	June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal 
2.29 	year 2011. "The biennium" is fiscal years 2010 and 2011.  Appropriations for the fiscal 
2.30 	year ending June 30, 2009, are effective the day following final enactment.

2.31				APPROPRIATIONS
	
2.32				Available for the Year
	
2.33				Ending June 30
	
2.34					2010
		2011

3.1
3.2	Sec. 3. EMPLOYMENT AND ECONOMIC 
DEVELOPMENT

3.3	Subdivision 1.Total Appropriation
 	$
	 59,489,000
	$
	58,439,000

3.4	Appropriations by Fund
	
3.5		2010
	2011
	
3.6	General
	 42,782,000
	41,732,000
	
3.7
3.8	Workforce 
Development
	16,007,000
	16,007,000
	
3.9	Remediation
	700,000
	700,000
	
3.10 	The amounts that may be spent for each 
3.11 	purpose are specified in the following 
3.12 	subdivisions.

3.13
3.14	Subd. 2.Business and Community 
Development
 		10,251,000
		9,501,000

3.15	Appropriations by Fund
	
3.16	General
	9,551,000
	8,801,000
	
3.17	Remediation  
	700,000
	700,000
	
3.18 	(a) $700,000 the first year and $700,000 the 
3.19 	second year are from the remediation fund for 
3.20 	contaminated site cleanup and development 
3.21 	grants under Minnesota Statutes, section 
3.22 	116J.554. This appropriation is available 
3.23 	until expended.
3.24 	(b) $175,000 each year is for a grant to 
3.25 	WomenVenture for women's business 
3.26 	development programs and for programs 
3.27 	that encourage and assist women to 
3.28 	enter nontraditional careers in the trades; 
3.29 	manual and technical occupations; 
3.30 	science, technology, engineering, and 
3.31 	mathematics-related occupations; and green 
3.32 	jobs. This appropriation may be matched 
3.33 	dollar for dollar with any resources available 
3.34 	from the federal government for these 
3.35 	purposes with priority given to initiatives 
3.36 	that have a goal of increasing by at least ten 
4.1 	percent the number of women in occupations 
4.2 	where women currently comprise less than 25 
4.3 	percent of the workforce. The appropriation 
4.4 	is available until expended.
4.5 	(c) $200,000 the first year and $200,000 
4.6 	the second year are for a grant to the 
4.7 	Metropolitan Economic Development 
4.8 	Association for continuing minority business 
4.9 	development programs in the metropolitan 
4.10 	area.
4.11 	(d) $500,000 the first year and $500,000 the 
4.12 	second year are for a grant to the BioBusiness 
4.13 	Alliance of Minnesota for bioscience 
4.14 	business development programs to promote 
4.15 	and position the state as a global leader in 
4.16 	bioscience business activities.
4.17 	(e) Of the money available in the Minnesota 
4.18 	Investment Fund, Minnesota Statutes, section 
4.19 	116J.8731, to the commissioner of the 
4.20 	Department of Employment and Economic 
4.21 	Development, $3,000,000 is appropriated 
4.22 	in fiscal year 2010 for a loan to an aircraft 
4.23 	manufacturing and assembly company, 
4.24 	associated with the aerospace industry, for 
4.25 	equipment utilized to establish an aircraft 
4.26 	completion center at the Minneapolis-St. 
4.27 	Paul International Airport. The finishing 
4.28 	center must use the state's vocational training 
4.29 	programs designed specifically for aircraft 
4.30 	maintenance training, and to the extent 
4.31 	possible, work to recruit employees from 
4.32 	these programs. The center must create at 
4.33 	least 200 new manufacturing jobs within 24 
4.34 	months of receiving the loan, and create not 
5.1 	less than 500 new manufacturing jobs over a 
5.2 	five-year period in Minnesota.
5.3 	This loan is not subject to loan limitations 
5.4 	under Minnesota Statutes, section 116J.8731, 
5.5 	subdivision 5. Any match requirements 
5.6 	under Minnesota Statutes, section 116J.8731, 
5.7 	subdivision 3, may be made from current 
5.8 	resources. This is a onetime appropriation 
5.9 	and is effective the day following final 
5.10 	enactment.
5.11 	(f) $79,000 the first year and $79,000 the 
5.12 	second year are for grants to the Minnesota 
5.13 	Inventors Congress. Of this amount, $10,000 
5.14 	each year is for the Student Inventors 
5.15 	Congress.
5.16 	(g) $375,000 the first year and $375,000 the 
5.17 	second year are for the Office of Science and 
5.18 	Technology. These amounts are added to the 
5.19 	agency's budget base.
5.20 	(h) $500,000 the first year and $500,000 the 
5.21 	second year are for a grant to Enterprise 
5.22 	Minnesota, Inc., for the small business 
5.23 	growth acceleration program under 
5.24 	Minnesota Statutes, section 116O.115. These 
5.25 	amounts are added to the agency's budget 
5.26 	base.
5.27 	(i) $250,000 the first year and $250,000 
5.28 	the second year are for a grant to the Rural 
5.29 	Policy and Development Center at St. Peter, 
5.30 	Minnesota, under Minnesota Statutes, section 
5.31 	116J.421.
5.32 	(j) $350,000 the first year is for a grant 
5.33 	to the city of Hugo to be used for relief 
5.34 	from damages caused by the May 25, 2008, 
5.35 	tornado. This is a onetime appropriation and 
6.1 	is available until expended. The city of Hugo 
6.2 	may reimburse Oneka Elementary School up 
6.3 	to $7,800 for costs attributable to the tornado.
6.4 	(k) $300,000 the first year is for a grant 
6.5 	to Minnesota State University, Mankato, 
6.6 	for the International Renewable Energy 
6.7 	Technical Institute (IRETI) to be located 
6.8 	at the university. The institute is a 
6.9 	public and private partnership to support 
6.10 	applied research in renewable energy and 
6.11 	energy efficiency, to aid in the transfer of 
6.12 	technology from Sweden to Minnesota, and 
6.13 	to support technology commercialization 
6.14 	from companies located in Minnesota and 
6.15 	throughout the world. This is a onetime 
6.16 	appropriation.
6.17 	(l) $100,000 is for the commissioner of 
6.18 	employment and economic development to 
6.19 	develop the program in article 8, section 
6.20 	50, to make grants for up to five projects 
6.21 	statewide available to local government units 
6.22 	to mitigate the impacts of transportation 
6.23 	construction on local small business. This 
6.24 	is a onetime appropriation and is available 
6.25 	until expended.

6.26	Subd. 3.Workforce Development
 		 46,812,000
		46,512,000

6.27	Appropriations by Fund
	
6.28	General
	 30,805,000
	30,505,000
	
6.29
6.30	Workforce 
Development
	16,007,000
	16,007,000
	
6.31 	(a) $4,562,000 the first year and $4,562,000 
6.32 	the second year are for the Minnesota job 
6.33 	skills partnership program under Minnesota 
6.34 	Statutes, sections 116L.01 to 116L.17. If the 
6.35 	appropriation for either year is insufficient, 
6.36 	the appropriation for the other year is 
7.1 	available for it. This appropriation is 
7.2 	available until expended.
7.3 	(b) $8,800,000 the first year and $8,800,000 
7.4 	the second year are for the state's vocational 
7.5 	rehabilitation program under Minnesota 
7.6 	Statutes, chapter 268A.
7.7 	(c) $5,986,000 the first year and $5,986,000 
7.8 	the second year are for the state services for 
7.9 	the blind activities.
7.10 	(d) $2,380,000 the first year and $2,380,000 
7.11 	the second year are for grants to centers for 
7.12 	independent living under Minnesota Statutes, 
7.13 	section 268A.11.
7.14 	(e) $455,000 the first year and $455,000 the 
7.15 	second year are for a grant under Minnesota 
7.16 	Statutes, section 116J.8747, to Twin Cities 
7.17 	RISE! to provide training to hard-to-train 
7.18 	individuals.
7.19 	(f) $250,000 the first year and $250,000 
7.20 	the second year are for a grant to Northern 
7.21 	Connections in Perham to implement and 
7.22 	operate a pilot workforce program that 
7.23 	provides one-stop supportive services 
7.24 	to individuals as they transition into the 
7.25 	workforce.
7.26 	(g) $375,000 the first year and $375,000 
7.27 	the second year are for a grant to Ramsey 
7.28 	County Workforce Investment Board for the 
7.29 	development of the building lives program. 
7.30 	This appropriation is added to the agency's 
7.31 	budget base.
7.32 	(h) $150,000 the first year and $150,000 the 
7.33 	second year are for a grant to Advocating 
7.34 	Change Together for training, technical 
8.1 	assistance, and resource materials for persons 
8.2 	with developmental and mental illness 
8.3 	disabilities.
8.4 	(i) $5,627,000 each year is from the general 
8.5 	fund and $6,830,000 each year is from the 
8.6 	workforce development fund for extended 
8.7 	employment services for persons with severe 
8.8 	disabilities or related conditions under 
8.9 	Minnesota Statutes, section 268A.15. Of 
8.10 	the general fund appropriation, $125,000 
8.11 	each year is to supplement funds paid for 
8.12 	wage incentives for the community support 
8.13 	fund established in Minnesota Rules, part 
8.14 	3300.2045.
8.15 	(j) $250,000 the first year and $100,000 
8.16 	the second year are for grants to Minnesota 
8.17 	Diversified Industries, Inc., to provide 
8.18 	progressive development and employment 
8.19 	opportunities for people with disabilities. 
8.20 	This appropriation is available in either 
8.21 	year of the biennium. The budget base 
8.22 	for Minnesota Diversified Industries, Inc., 
8.23 	is $175,000 each year in the 2012-2013 
8.24 	biennium.
8.25 	(k) $1,600,000 the first year and $1,600,000 
8.26 	the second year are for grants to programs 
8.27 	that provide employment support services to 
8.28 	persons with mental illness under Minnesota 
8.29 	Statutes, sections 268A.13 and 268A.14. 
8.30 	Up to $77,000 each year may be used for 
8.31 	administrative expenses.
8.32 	(l) $75,000 the first year and $75,000 the 
8.33 	second year are for a grant to MN Works!, a 
8.34 	nonprofit organization that works on behalf 
8.35 	of all licensed vendors in order to increase 
9.1 	employment opportunities for persons 
9.2 	with disabilities. These appropriations are 
9.3 	available in either year of the biennium and 
9.4 	are added to the agency's budget base.
9.5 	(m) $145,000 each year is from the general 
9.6 	fund and $163,000 each year is from 
9.7 	the workforce development fund for a 
9.8 	grant under Minnesota Statutes, section 
9.9 	268A.03, to Rise, Inc. for the Minnesota 
9.10 	Employment Center for People Who are Deaf 
9.11 	or Hard-of-Hearing. Money not expended 
9.12 	the first year is available the second year.
9.13 	(n) $350,000 the first year and $350,000 
9.14 	the second year are from the workforce 
9.15 	development fund for a grant to Lifetrack 
9.16 	Resources for its immigrant and refugee 
9.17 	collaborative program, including those 
9.18 	related to job-seeking skills and workplace 
9.19 	orientation, intensive job development, 
9.20 	functional work English, and on-site job 
9.21 	coaching.
9.22 	(o) $3,255,000 the first year and $3,255,000 
9.23 	the second year are from the workforce 
9.24 	development fund for the Minnesota youth 
9.25 	program under Minnesota Statutes, sections 
9.26 	116L.56 and 116L.561.
9.27 	(p) $1,250,000 the first year and $1,250,000 
9.28 	the second year are from the workforce 
9.29 	development fund for the Opportunities 
9.30 	Industrialization Center programs.
9.31 	(q) $1,200,000 the first year and $1,200,000 
9.32 	the second year are from the workforce 
9.33 	development fund for grants for the 
9.34 	Minneapolis summer youth employment 
9.35 	program. The grants shall be used to fund 
10.1 	up to 500 jobs for youth each summer. Of 
10.2 	this appropriation, $300,000 each year is for 
10.3 	a grant to the learn-to-earn summer youth 
10.4 	employment program. The commissioner 
10.5 	shall establish criteria for awarding the 
10.6 	grants. This appropriation is available in 
10.7 	either year of the biennium and is available 
10.8 	until spent.
10.9 	(r) $1,000,000 each year from the workforce 
10.10 	development fund is for a grant to the 
10.11 	Minnesota Alliance of Boys and Girls 
10.12 	Clubs to administer a statewide project 
10.13 	of youth jobs skills development. This 
10.14 	project, which may have career guidance 
10.15 	components, including health and life skills, 
10.16 	is to encourage, train, and assist youth in 
10.17 	job-seeking skills, workplace orientation, 
10.18 	and job-site knowledge through coaching. 
10.19 	This grant requires a 25 percent match from 
10.20 	nonstate resources.
10.21 	(s) $558,000 the first year and $558,000 
10.22 	the second year are from the workforce 
10.23 	development fund for grants to fund summer 
10.24 	youth employment in St. Paul. The grants 
10.25 	shall be used to fund up to 500 jobs for 
10.26 	youth each summer. The commissioner shall 
10.27 	establish criteria for awarding the grants. 
10.28 	This appropriation is available in either year 
10.29 	of the biennium and is available until spent.
10.30 	(t) $1,075,000 the first year and $1,075,000 
10.31 	the second year are from the workforce 
10.32 	development fund for the youthbuild 
10.33 	program under Minnesota Statutes, sections 
10.34 	116L.361 to 116L.366.
11.1 	(u) $326,000 the first year and $326,000 
11.2 	the second year are from the workforce 
11.3 	development fund for grants to provide 
11.4 	interpreters for a regional transition program 
11.5 	that specializes in providing culturally 
11.6 	appropriate transition services leading to 
11.7 	employment for deaf, hard-of-hearing, and 
11.8 	deaf-blind students.
11.9 	(v) $150,000 in the first year is for a grant 
11.10 	to Lutheran Social Service of Minnesota to 
11.11 	increase capacity statewide for budget and 
11.12 	debt counseling, debt management planning, 
11.13 	and other debt management services. This 
11.14 	is a onetime appropriation and is available 
11.15 	until expended.
11.16 	(w) The first $1,450,000 deposited in each 
11.17 	year of the biennium into the contingent 
11.18 	account created under Minnesota Statutes, 
11.19 	section 268.199, must be transferred 
11.20 	before the closing of each fiscal year to 
11.21 	the workforce development fund created 
11.22 	under Minnesota Statutes, section 116L.20. 
11.23 	Deposits in excess of $1,450,000 must be 
11.24 	transferred before the closing of each fiscal 
11.25 	year to the general fund.

11.26	Subd. 4.State-Funded Administration
 		2,426,000
		2,426,000
	
11.27 	The transfer of funds to the governor's office 
11.28 	for the Washington, D.C. office function is 
11.29 	$20,000 each year.

11.30	Sec. 4. PUBLIC FACILITIES AUTHORITY
 	$
	93,000
	$
	93,000
	
11.31 	For the small community wastewater 
11.32 	treatment program under Minnesota Statutes, 
11.33 	chapter 446A.

12.1	Sec. 5. EXPLORE MINNESOTA TOURISM
 	$
	 12,217,000
	$
	 12,217,000
	
12.2 	(a) Of this amount, $12,000 each year is for a 
12.3 	grant to the Upper Minnesota Film Office.
12.4 	(b) To develop maximum private sector 
12.5 	involvement in tourism, $500,000 the first 
12.6 	year and $500,000 the second year must 
12.7 	be matched by Explore Minnesota Tourism 
12.8 	from nonstate sources. Each $1 of state 
12.9 	incentive must be matched with $3 of private 
12.10 	sector funding. Cash match is defined as 
12.11 	revenue to the state or documented cash 
12.12 	expenditures directly expended to support 
12.13 	Explore Minnesota Tourism programs. Up 
12.14 	to one-half of the private sector contribution 
12.15 	may be in-kind or soft match. The incentive 
12.16 	in the first year shall be based on fiscal 
12.17 	year 2009 private sector contributions. The 
12.18 	incentive in the second year will be based on 
12.19 	fiscal year 2010 private sector contributions. 
12.20 	This incentive is ongoing.
12.21 	Funding for the marketing grants is available 
12.22 	either year of the biennium. Unexpended 
12.23 	grant funds from the first year are available 
12.24 	in the second year.
12.25 	Unexpended money from the general fund 
12.26 	appropriations made under this section 
12.27 	does not cancel but must be placed in a 
12.28 	special marketing account for use by Explore 
12.29 	Minnesota Tourism for additional marketing 
12.30 	activities.
12.31 	(c) $325,000 the first year and $325,000 the 
12.32 	second year are for the Minnesota Film and 
12.33 	TV Board. The appropriation in each year 
12.34 	is available only upon receipt by the board 
12.35 	of $1 in matching contributions of money or 
13.1 	in-kind contributions from nonstate sources 
13.2 	for every $3 provided by this appropriation.
13.3 	(d) $2,475,000 the first year and $2,475,000 
13.4 	the second year are for a grant to the 
13.5 	Minnesota Film and TV Board for the 
13.6 	film jobs production program under 
13.7 	Minnesota Statutes, section 116U.26. These 
13.8 	appropriations are available in either year 
13.9 	of the biennium and are available until 
13.10 	expended.

13.11	Sec. 6. HOUSING FINANCE AGENCY

13.12	Subdivision 1.Total Appropriation
 	$
	42,560,000
	$
	42,560,000
	
13.13 	The amounts that may be spent for each 
13.14 	purpose are specified in the following 
13.15 	subdivisions.
13.16 	This appropriation is for transfer to the 
13.17 	housing development fund for the programs 
13.18 	specified. Except as otherwise indicated, this 
13.19 	transfer is part of the agency's permanent 
13.20 	budget base. The agency's budget base is 
13.21 	$42,710,000 in each year of the 2012-2013 
13.22 	biennium.

13.23	Subd. 2.Challenge Program
 		6,769,000
		6,769,000
	
13.24 	For the economic development and housing 
13.25 	challenge program under Minnesota 
13.26 	Statutes, section 462A.33. Of this amount, 
13.27 	$1,395,000 each year shall be made available 
13.28 	during the first eight months of the fiscal 
13.29 	year exclusively for housing projects for 
13.30 	American Indians. Any funds not committed 
13.31 	to housing projects for American Indians in 
13.32 	the first eight months of the fiscal year shall 
13.33 	be available for any eligible activity under 
13.34 	Minnesota Statutes, section 462A.33.

14.1	Subd. 3.Housing Trust Fund
 		10,805,000
		10,805,000
	
14.2 	For deposit in the housing trust fund account 
14.3 	created under Minnesota Statutes, section 
14.4 	462A.201, and used for the purposes 
14.5 	provided in that section.
14.6 	$250,000 the first year and $250,000 the 
14.7 	second year are for a grant to a nonprofit 
14.8 	organization for a demonstration project for 
14.9 	high-risk adults under Laws 2007, chapter 
14.10 	54, article 1, section 19.

14.11	Subd. 4.Rental Assistance for Mentally Ill
 		2,638,000
		2,638,000
	
14.12 	For a rental housing assistance program for 
14.13 	persons with a mental illness or families with 
14.14 	an adult member with a mental illness under 
14.15 	Minnesota Statutes, section 462A.2097.

14.16	Subd. 5.Family Homeless Prevention
 		7,465,000
		7,465,000
	
14.17 	For the family homeless prevention and 
14.18 	assistance programs under Minnesota 
14.19 	Statutes, section 462A.204.

14.20	Subd. 6.Home Ownership Assistance Fund
 		 835,000
		 835,000
	
14.21 	For the home ownership assistance program 
14.22 	under Minnesota Statutes, section 462A.21, 
14.23 	subdivision 8.

14.24	Subd. 7.Affordable Rental Investment Fund
 		 8,646,000
		 8,646,000
	
14.25 	For the affordable rental investment fund 
14.26 	program under Minnesota Statutes, section 
14.27 	462A.21, subdivision 8b. The appropriation 
14.28 	is to finance the acquisition, rehabilitation, 
14.29 	and debt restructuring of federally assisted 
14.30 	rental property and for making equity 
14.31 	take-out loans under Minnesota Statutes, 
14.32 	section 462A.05, subdivision 39. 
15.1 	The owner of federally assisted rental 
15.2 	property must agree to participate in 
15.3 	the applicable federally assisted housing 
15.4 	program and to extend any existing 
15.5 	low-income affordability restrictions on the 
15.6 	housing for the maximum term permitted. 
15.7 	The owner must also enter into an agreement 
15.8 	that gives local units of government, 
15.9 	housing and redevelopment authorities, 
15.10 	and nonprofit housing organizations the 
15.11 	right of first refusal if the rental property 
15.12 	is offered for sale. Priority must be given 
15.13 	among comparable federally assisted rental 
15.14 	properties to properties with the longest 
15.15 	remaining term under an agreement for 
15.16 	federal assistance. Priority must also be 
15.17 	given among comparable rental housing 
15.18 	developments to developments that are or 
15.19 	will be owned by local government units, a 
15.20 	housing and redevelopment authority, or a 
15.21 	nonprofit housing organization.
15.22 	The appropriation also may be used to finance 
15.23 	the acquisition, rehabilitation, and debt 
15.24 	restructuring of existing supportive housing 
15.25 	properties. For purposes of this subdivision, 
15.26 	"supportive housing" means affordable rental 
15.27 	housing with links to services necessary for 
15.28 	individuals, youth, and families with children 
15.29 	to maintain housing stability.

15.30	Subd. 8.Housing Rehabilitation
 		4,287,000
		4,287,000
	
15.31 	For the housing rehabilitation program 
15.32 	under Minnesota Statutes, section 462A.05, 
15.33 	subdivision 14, for rental housing 
15.34 	developments.

16.1
16.2	Subd. 9.Homeownership Education, 
Counseling, and Training
 		865,000
		865,000
	
16.3 	For the homeownership education, 
16.4 	counseling, and training program under 
16.5 	Minnesota Statutes, section 462A.209.

16.6	Subd. 10.Capacity Building Grants
 		250,000
		250,000
	
16.7 	For nonprofit capacity building grants 
16.8 	under Minnesota Statutes, section 462A.21, 
16.9 	subdivision 3b.

16.10	Sec. 7. LABOR AND INDUSTRY

16.11	Subdivision 1.Total Appropriation
 	$
	 22,782,000
	$
	 23,032,000

16.12	Appropriations by Fund
	
16.13		2010
	2011
	
16.14	General
	911,000
	911,000
	
16.15
16.16	Workers' 
Compensation
	 20,871,000
	 20,871,000
	
16.17
16.18	Workforce 
Development
	1,000,000
	1,250,000
	
16.19 	The amounts that may be spent for each 
16.20 	purpose are specified in the following 
16.21 	subdivisions.

16.22	Subd.  2.Workers' Compensation
 		14,890,000
		14,890,000
	
16.23 	This appropriation is from the workers' 
16.24 	compensation fund.

16.25	Subd. 3.Labor Standards and Apprenticeship
 		1,911,000
		2,161,000

16.26	Appropriations by Fund
	
16.27	General
	911,000
	911,000
	
16.28
16.29	Workforce 
Development
	1,000,000
	1,250,000
	
16.30 	The appropriation from the workforce 
16.31 	development fund is for the apprenticeship 
16.32 	program under Minnesota Statutes, chapter 
16.33 	178, and includes $100,000 each year for 
16.34 	labor education and advancement program 
16.35 	grants. 
17.1 	The appropriation increase from the 
17.2 	workforce development fund is for the 
17.3 	apprenticeship program under Minnesota 
17.4 	Statutes, chapter 178, and includes $250,000 
17.5 	in fiscal year 2010 and $500,000 in fiscal 
17.6 	year 2011 to expand and promote registered 
17.7 	apprenticeship training in nonconstruction 
17.8 	trade programs. These amounts are added to 
17.9 	the agency's budget base.
17.10 	The commissioner must not reduce any 
17.11 	funding available for prevailing wage 
17.12 	enforcement and must fill all positions when 
17.13 	vacancies become available.

17.14	Subd. 4.General Support
 		 5,981,000
		 5,981,000
	
17.15 	This appropriation is from the workers' 
17.16 	compensation fund.

17.17
17.18	Sec. 8. BUREAU OF MEDIATION 
SERVICES

17.19	Subdivision 1.Total Appropriation
 	$
	1,683,000
	$
	1,683,000
	
17.20 	The amounts that may be spent for each 
17.21 	purpose are specified in the following 
17.22 	subdivisions.

17.23	Subd. 2.Mediation Services
 		1,583,000
		1,583,000

17.24
17.25	Subd. 3.Labor Management Cooperation 
Grants
 		100,000
		100,000
	
17.26 	$100,000 the first year and $100,000 
17.27 	the second year are for grants to area 
17.28 	labor-management committees. Grants may 
17.29 	be awarded for a 12-month period beginning 
17.30 	July 1 of each year. Any unencumbered 
17.31 	balance remaining at the end of the first 
17.32 	year does not cancel but is available for the 
17.33 	second year.

18.1
18.2	Sec. 9. WORKERS' COMPENSATION 
COURT OF APPEALS
 	$
	1,703,000
	$
	1,703,000
	
18.3 	This appropriation is from the workers' 
18.4 	compensation fund.

18.5
18.6	Sec. 10. MINNESOTA HISTORICAL 
SOCIETY

18.7	Subdivision 1.Total Appropriation
 	$
	23,337,000
	$
	23,221,000
	
18.8 	The amounts that may be spent for each 
18.9 	purpose are specified in the following 
18.10 	subdivisions.

18.11	Subd. 2.Education and Outreach
 		13,122,000
		13,122,000

18.12	Subd. 3.Preservation and Access
 		9,853,000
		9,853,000

18.13	Subd. 4.Fiscal Agent

18.14	(a) Minnesota International Center
		43,000
		43,000

18.15	(b) Minnesota Air National Guard Museum
		16,000
		-0-

18.16	(c) Minnesota Military Museum
		100,000
		-0-

18.17	(d) Farmamerica
		128,000
		128,000
	
18.18 	(e) $75,000 the first year and $75,000 the 
18.19 	second year are for a grant to the city of 
18.20 	Eveleth to be used for the support of the 
18.21 	Hockey Hall of Fame Museum provided 
18.22 	that it continues to operate in the city. This 
18.23 	grant is in addition to and must not be 
18.24 	used to supplant funding under Minnesota 
18.25 	Statutes, section 298.28, subdivision 9c. This 
18.26 	appropriation is added to the society's budget 
18.27 	base.

18.28	(f) Balances Forward
					
18.29 	Any unencumbered balance remaining in 
18.30 	this subdivision the first year does not cancel 
18.31 	but is available for the second year of the 
18.32 	biennium.

19.1	Subd. 5.Fund Transfer
 					
19.2 	The Minnesota Historical Society may 
19.3 	reallocate funds appropriated in and between 
19.4 	subdivisions 2 and 3 for any program 
19.5 	purposes and the appropriations are available 
19.6 	in either year of the biennium.

19.7	Sec. 11. BOARD OF THE ARTS

19.8	Subdivision 1.Total Appropriation
 	$
	9,303,000
	$
	9,303,000
	
19.9 	The amounts that may be spent for each 
19.10 	purpose are specified in the following 
19.11 	subdivisions.

19.12	Subd. 2.Operations and Services
 		651,000
		651,000

19.13	Subd. 3.Grants Program
 		6,013,000
		6,013,000

19.14	Subd. 4.Regional Arts Councils
 		2,639,000
		2,639,000

19.15	Sec. 12. HUMANITIES COMMISSION
 	$
	250,000
	$
	250,000

19.16	Sec. 13. PUBLIC BROADCASTING
 	$
	2,515,000
	$
	 2,015,000
	
19.17 	(a) $500,000 is for a grant to Minnesota 
19.18 	Public Radio to assist with conversion to a 
19.19 	digital broadcast signal. This is a onetime 
19.20 	appropriation.
19.21 	(b) $1,161,000 the first year and $1,161,000 
19.22 	the second year are for matching grants for 
19.23 	public television.
19.24 	(c) $200,000 the first year and $200,000 
19.25 	the second year are for public television 
19.26 	equipment grants. Equipment or matching 
19.27 	grant allocations shall be made after 
19.28 	considering the recommendations of the 
19.29 	Minnesota Public Television Association.
20.1 	(d) $17,000 the first year and $17,000 the 
20.2 	second year are for grants to the Twin Cities 
20.3 	regional cable channel.
20.4 	(e) $287,000 the first year and $287,000 the 
20.5 	second year are for community service grants 
20.6 	to public educational radio stations.
20.7 	(f) $100,000 the first year and $100,000 
20.8 	the second year are for equipment grants to 
20.9 	public educational radio stations.
20.10 	(g) The grants in paragraphs (e) and (f) 
20.11 	must be allocated after considering the 
20.12 	recommendations of the Association of 
20.13 	Minnesota Public Educational Radio Stations 
20.14 	under Minnesota Statutes, section 129D.14.
20.15 	(h) $250,000 the first year and $250,000 
20.16 	the second year are for equipment grants to 
20.17 	Minnesota Public Radio, Inc.
20.18 	(i) Any unencumbered balance remaining the 
20.19 	first year for grants to public television or 
20.20 	radio stations does not cancel and is available 
20.21 	for the second year.

20.22	Sec. 14. COMMERCE

20.23	Subdivision 1.Total Appropriation
 	$
	18,642,000
	$
	18,642,000

20.24	Appropriations by Fund
	
20.25		2010
	2011
	
20.26	General
	16,807,000
	16,807,000
	
20.27	Petroleum Cleanup
	1,084,000
	1,084,000
	
20.28
20.29	Workers' 
Compensation
	751,000
	751,000

20.30 	The amounts that may be spent for each 
20.31 	purpose are specified in the following 
20.32 	subdivisions.

20.33	Subd. 2.Financial Examinations
 		6,637,000
		6,637,000

21.1
21.2	Subd. 3.Petroleum Tank Release Cleanup 
Board
 		1,084,000
		1,084,000
	
21.3 	This appropriation is from the petroleum 
21.4 	tank release cleanup fund. 

21.5	Subd. 4.Administrative Services
 		4,300,000
		4,300,000

21.6	Subd. 5.Market Assurance
 		6,621,000
		6,621,000

21.7	Appropriations by Fund
	
21.8	General
	5,870,000
	5,870,000
	
21.921.10
	Workers' 
Compensation
	751,000
	751,000

21.11	Sec. 15. BOARD OF ACCOUNTANCY
 	$
	505,000
	$
	505,000

21.12
21.13
21.14
21.15	Sec. 16. BOARD OF ARCHITECTURE, 
ENGINEERING, LAND SURVEYING, 
LANDSCAPE ARCHITECTURE, 
GEOSCIENCE, AND INTERIOR DESIGN
 	$
	815,000
	$
	815,000

21.16
21.17	Sec. 17. BOARD OF BARBER AND 
COSMETOLOGIST EXAMINERS
 	$
	839,000
	$
	839,000

21.18
21.19	Sec. 18. COMBATIVE SPORTS 
COMMISSION
 	$
	80,000
	$
	80,000

21.20	Sec. 19. TRANSFERS
 					
21.21 	By June 30, 2010, the commissioner of 
21.22 	finance shall transfer $5,200,000, and by 
21.23 	June 30, 2011, and each year thereafter, 
21.24 	$5,050,000 of the unencumbered balance 
21.25 	in the workforce development fund to the 
21.26 	general fund.
21.27 	By July 31, 2009, the commissioner of 
21.28 	finance shall transfer $500,000 from the 
21.29 	unexpended balance in the auto theft 
21.30 	prevention account to the general fund.

22.1 	ARTICLE 2
22.2 	EMPLOYMENT AND ECONOMIC DEVELOPMENT POLICY

22.3 	Section 1. Minnesota Statutes 2008, section 116J.435, subdivision 2, is amended to 
22.4 	read:
22.5 		Subd. 2.Definitions. For purposes of this section:
22.6 	(1) "local governmental unit" means a county, city, town, special district, public 
22.7 	higher education institution, or other political subdivision or public corporation;
22.8 	(2) "governing body" means the council, board of commissioners, board of trustees, 
22.9 	board of regents, or other body charged with governing a local governmental unit; 
22.10 	(3) "public infrastructure" means publicly owned physical infrastructure in this state, 
22.11 	including, but not limited to, wastewater collection and treatment systems, drinking water 
22.12 	systems, storm sewers, utility extensions, telecommunications infrastructure, streets, 
22.13 	roads, bridges, parking ramps, facilities that support basic science and clinical research, 
22.14 	and research infrastructure; and 
22.15 	(4) "eligible project" means a bioscience business development capital improvement 
22.16 	project in this state, including: manufacturing; technology; warehousing and distribution; 
22.17 	research and development; bioscience business incubator; agricultural bioprocessing; or 
22.18 	industrial, office, or research park development that would be used by a bioscience-based 
22.19 	business.

22.20 	Sec. 2. Minnesota Statutes 2008, section 116J.435, subdivision 3, is amended to read:
22.21 		Subd. 3.Grant program established. (a) The commissioner shall make 
22.22 	competitive grants to local governmental units to acquire and prepare land on which 
22.23 	public infrastructure required to support an eligible project will be located, including 
22.24 	demolition of structures and remediation of any hazardous conditions on the land, or to 
22.25 	predesign, design, acquire, construct, furnish, and equip public infrastructure required to 
22.26 	support an eligible project. The local governmental unit receiving a grant must provide for 
22.27 	the remainder of the public infrastructure costs from other sources. 
22.28 	(b) The amount of a grant may not exceed the lesser of the cost of the public 
22.29 	infrastructure or 50 percent of the sum of the cost of the public infrastructure plus the cost 
22.30 	of the completed eligible project.
22.31 	(c) The purpose of the program is to keep or enhance jobs in the area, increase the 
22.32 	tax base, or to expand or create new economic development through the growth of new 
22.33 	bioscience businesses and organizations.

23.1 	Sec. 3. Minnesota Statutes 2008, section 116J.8731, subdivision 2, is amended to read:
23.2 		Subd. 2.Administration. The commissioner shall administer the fund as part of 
23.3 	the Small Cities Development Block Grant Program. Funds shall be made available to 
23.4 	local communities and recognized Indian tribal governments in accordance with the rules 
23.5 	adopted for economic development grants in the small cities community development 
23.6 	block grant program, except that all units of general purpose local government are 
23.7 	eligible applicants for Minnesota investment funds. The commissioner may also make 
23.8 	funds available within the department for eligible expenditures under section 116J.8731, 
23.9 	subdivision 3, clause (2). A home rule charter or statutory city, county, or town may loan 
23.10 	or grant money received from repayment of funds awarded under this section to a regional 
23.11 	development commission, other regional entity, or statewide community capital fund as 
23.12 	determined by the commissioner, to capitalize or to provide the local match required for 
23.13 	capitalization of a regional or statewide revolving loan fund.

23.14 	Sec. 4. Minnesota Statutes 2008, section 116J.8731, subdivision 3, is amended to read:
23.15 		Subd. 3.Eligible expenditures. The money appropriated for this section may 
23.16 	be used to provide fund:
23.17 	(1) grants for infrastructure, loans, loan guarantees, interest buy-downs, and other 
23.18 	forms of participation with private sources of financing, provided that a loan to a private 
23.19 	enterprise must be for a principal amount not to exceed one-half of the cost of the project 
23.20 	for which financing is sought.; and
23.21 	(2) strategic investments in renewable energy market development, such as low 
23.22 	interest loans for renewable energy equipment manufacturing, training grants to support 
23.23 	renewable energy workforce, development of a renewable energy supply chain that 
23.24 	represents and strengthens the industry throughout the state, and external marketing to 
23.25 	garner more national and international investment into Minnesota's renewable sector. 
23.26 	Expenditures in external marketing for renewable energy market development are not 
23.27 	subject to the limitations in clause (1).

23.28 	Sec. 5. Minnesota Statutes 2008, section 248.07, subdivision 7, is amended to read:
23.29 		Subd. 7.Blind, vending stands and machines on governmental property; 
23.30 	liability limited. (a) Notwithstanding any other law, for the rehabilitation of blind persons 
23.31 	the commissioner shall have exclusive authority to establish and to operate vending 
23.32 	stands and vending machines in all buildings and properties owned or rented exclusively 
23.33 	by the Minnesota State Colleges and Universities at a state university, a community 
23.34 	college, a consolidated community technical college, or a technical college served by 
24.1 	the commissioner before January 1, 1996, or by any department or agency of the state 
24.2 	of Minnesota except the Department of Natural Resources properties operated directly 
24.3 	by the Division of State Parks and not subject to private leasing. The merchandise to be 
24.4 	dispensed by such Vending stands and machines authorized under this subdivision may 
24.5 	include dispense nonalcoholic beverages, food, candies, tobacco, souvenirs, notions and 
24.6 	related items. Such vending stands and vending machines herein authorized shalland 
24.7 	must be operated on the same basis as other vending stands for the blind established and 
24.8 	supervised by the commissioner under federal law. The commissioner shall waive this 
24.9 	authority to displace any present private individual concessionaire in any state-owned or 
24.10 	rented building or property who is operating under a contract with a specific renewal or 
24.11 	termination date, until the renewal or termination date. With the consent of the governing 
24.12 	body of a governmental subdivision of the state, the commissioner may establish and 
24.13 	supervise vending stands and vending machines for the blind in any building or property 
24.14 	exclusively owned or rented by the governmental subdivision.
24.15 	(b) The Department of Employment and Economic Development is not liable 
24.16 	under chapter 176 for any injury sustained by a blind vendor's employee or agent. The 
24.17 	Department of Employment and Economic Development, its officers, and its agents are 
24.18 	not liable for the acts or omissions of a blind vendor or of a blind vendor's employee or 
24.19 	agent that may result in the blind vendor's liability to third parties. The Department of 
24.20 	Employment and Economic Development, its officers, and its agents are not liable for 
24.21 	negligence based on any theory of liability for claims arising from the relationship created 
24.22 	under this subdivision with the blind vendor.

24.23 	Sec. 6. Minnesota Statutes 2008, section 268A.06, subdivision 1, is amended to read:
24.24 		Subdivision 1.Application. Any city, town, county, nonprofit corporation, 
24.25 	regional treatment center, or any combination thereof, may apply to the commissioner for 
24.26 	assistance in establishing or operating a community rehabilitation facility. Application for 
24.27 	assistance shallmust be on forms prescribed by the commissioner. Each applicant shall 
24.28 	annually submit to the commissioner its plan and budget for the next fiscal year. NoAn 
24.29 	applicant shall beis not eligible for a grant hereunderunder this section unless its plan 
24.30 	and budget audited financial statements of the prior fiscal year have been approved by 
24.31 	the commissioner.

24.32 	ARTICLE 3
24.33 	EMPLOYMENT AND ECONOMIC DEVELOPMENT TECHNICAL CHANGES

24.34 	Section 1. Minnesota Statutes 2008, section 15.75, subdivision 5, is amended to read:
25.1 		Subd. 5.Agreements with Department of Employment and Economic 
25.2 	Development. The commissioner of employment and economic development may 
25.3 	enter into agreements with regional entities established under subdivision 4 to prepare 
25.4 	plans to ensure coordination of the department's business development, community 
25.5 	development, workforce development, and trade functions with programs of local units of 
25.6 	government and other public and private development agencies in the regions. The plans 
25.7 	will identify regional development priorities and serve as a guide for the implementation 
25.8 	of the department's programs in the regions.

25.9 	Sec. 2. Minnesota Statutes 2008, section 16B.54, subdivision 2, is amended to read:
25.10 		Subd. 2.Vehicles. (a) The commissioner may direct an agency to make a transfer of 
25.11 	a passenger motor vehicle or truck currently assigned to it. The transfer must be made to 
25.12 	the commissioner for use in the central motor pool. The commissioner shall reimburse an 
25.13 	agency whose motor vehicles have been paid for with funds dedicated by the Constitution 
25.14 	for a special purpose and which are assigned to the central motor pool. The amount of 
25.15 	reimbursement for a motor vehicle is its average wholesale price as determined from the 
25.16 	midwest edition of the National Automobile Dealers Association official used car guide.
25.17 	(b) To the extent that funds are available for the purpose, the commissioner may 
25.18 	purchase or otherwise acquire additional passenger motor vehicles and trucks necessary 
25.19 	for the central motor pool. The title to all motor vehicles assigned to or purchased or 
25.20 	acquired for the central motor pool is in the name of the Department of Administration.
25.21 	(c) On the request of an agency, the commissioner may transfer to the central 
25.22 	motor pool any passenger motor vehicle or truck for the purpose of disposing of it. The 
25.23 	department or agency transferring the vehicle or truck must be paid for it from the motor 
25.24 	pool revolving account established by this section in an amount equal to two-thirds of the 
25.25 	average wholesale price of the vehicle or truck as determined from the midwest edition of 
25.26 	the National Automobile Dealers Association official used car guide.
25.27 	(d) The commissioner shall provide for the uniform marking of all motor vehicles. 
25.28 	Motor vehicle colors must be selected from the regular color chart provided by the 
25.29 	manufacturer each year. The commissioner may further provide for the use of motor 
25.30 	vehicles without marking by:
25.31 	(1) the governor;
25.32 	(2) the lieutenant governor;
25.33 	(3) the Division of Criminal Apprehension, the Division of Alcohol and Gambling 
25.34 	Enforcement, and arson investigators of the Division of Fire Marshal in the Department of 
25.35 	Public Safety;
26.1 	(4) the Financial Institutions Division and investigative staff of the Department 
26.2 	of Commerce;
26.3 	(5) the Division of Disease Prevention and Control of the Department of Health;
26.4 	(6) the State Lottery;
26.5 	(7) criminal investigators of the Department of Revenue;
26.6 	(8) state-owned community service facilities in the Department of Human Services;
26.7 	(9) the investigative staff of the Department of Employment and Economic 
26.8 	Development;
26.9 	(10) (9) the Office of the Attorney General; and
26.10 	(11) (10) the investigative staff of the Gambling Control Board.

26.11 	Sec. 3. Minnesota Statutes 2008, section 84.94, subdivision 3, is amended to read:
26.12 		Subd. 3.Identification and classification. The Department of Natural Resources, 
26.13 	with the cooperation of the state Geological Survey, Departments the Department of 
26.14 	Transportation, and Energy, Planning and Development the Department of Employment 
26.15 	and Economic Development, outside of the metropolitan area as defined in section 
26.16 	473.121, shall conduct a program of identification and classification of potentially valuable 
26.17 	publicly or privately owned aggregate lands located outside of urban or developed areas 
26.18 	where aggregate mining is restricted, without consideration of their present land use. The 
26.19 	program shall give priority to identification and classification in areas of the state where 
26.20 	urbanization or other factors are or may be resulting in a loss of aggregate resources to 
26.21 	development. Lands shall be classified as:  
26.22 	(1) identified resources, being those containing significant aggregate deposits;
26.23 	(2) potential resources, being those containing potentially significant deposits and 
26.24 	meriting further evaluation; or
26.25 	(3) subeconomic resources, being those containing no significant deposits.
26.26 	As lands are classified, the information on the classification shall be transmitted to 
26.27 	each of the departments and agencies named in this subdivision, to the planning authority 
26.28 	of the appropriate county and municipality, and to the appropriate county engineer. The 
26.29 	county planning authority shall notify owners of land classified under this subdivision by 
26.30 	publication in a newspaper of general circulation in the county or by mail.

26.31 	Sec. 4. Minnesota Statutes 2008, section 116J.035, subdivision 6, is amended to read:
26.32 		Subd. 6.Receipt of gifts, money; appropriation. (a) The commissioner may
26.33 	accept gifts, bequests, grants, payments for services, and other public and private money 
26.34 	to help finance the activities of the department.:
27.1 	(1) apply for, accept, and disburse gifts, bequests, grants, payments for services, 
27.2 	loans, or other property from the United States, the state, private foundations, or any 
27.3 	other source;
27.4 	(2) enter into an agreement required for the gifts, grants, or loans; and 
27.5 	(3) hold, use, and dispose of its assets according to the terms of the gift, grant, 
27.6 	loan, or agreement. 
27.7 	(b) Money received by the commissioner under this subdivision must be deposited 
27.8 	in a separate account in the state treasury and invested by the State Board of Investment. 
27.9 	The amount deposited, including investment earnings, is appropriated to the commissioner 
27.10 	to carry out duties under this section.

27.11 	Sec. 5. Minnesota Statutes 2008, section 116J.401, subdivision 2, is amended to read:
27.12 		Subd. 2.Duties; authorizations; limitations. (a) The commissioner of employment 
27.13 	and economic development shall:
27.14 	(1) provide regional development commissions, the Metropolitan Council, and 
27.15 	units of local government with information, technical assistance, training, and advice on 
27.16 	using federal and state programs;
27.17 	(2) receive and administer the Small Cities Community Development Block Grant 
27.18 	Program authorized by Congress under the Housing and Community Development Act of 
27.19 	1974, as amended;
27.20 	(3) receive and administer the section 107 technical assistance program grants 
27.21 	authorized by Congress under the Housing and Community Development Act of 1974, as 
27.22 	amended;
27.23 	(4) receive, administer, and supervise other state and federal grants and grant 
27.24 	programs for planning, community affairs, community development purposes, 
27.25 	employment and training services, and other state and federal programs assigned to the 
27.26 	department by law or by the governor in accordance with section 4.07;  
27.27 	(5) receive applications for state and federal grants and grant programs for planning, 
27.28 	community affairs, and community development purposes, and other state and federal 
27.29 	programs assigned to the department by law or by the governor in accordance with section 
27.30 	4.07;  
27.31 	(6) act as the agent of, and cooperate with, the federal government in matters of 
27.32 	mutual concern, including the administration of any federal funds granted to the state to 
27.33 	aid in the performance of functions of the commissioner;
27.34 	(7) provide consistent, integrated employment and training services across the state;
28.1 	(8) administer the Wagner-Peyser Act, the Workforce Investment Act, and other 
28.2 	federal employment and training programs;
28.3 	(9) establish the standards for all employment and training services administered 
28.4 	under this chapter and chapters 116L, 248, 268, and 268A;
28.5 	(10) administer the aspects of the Minnesota family investment program, general 
28.6 	assistance, and food stamps that relate to employment and training services, subject to the 
28.7 	contract under section 116L.86, subdivision 1;  
28.8 	(11) obtain reports from local service units and service providers for the purpose of 
28.9 	evaluating the performance of employment and training services;
28.10 	(12) as requested, certify employment and training services, and decertify services 
28.11 	that fail to comply with performance criteria according to standards established by the 
28.12 	commissioner;
28.13 	(13) develop standards for the contents and structure of the local service unit plans 
28.14 	and plans for Indian tribe employment and training services, review and comment on those 
28.15 	plans, and approve or disapprove the plans;
28.16 	(14) supervise the county boards of commissioners, local service units, and any other 
28.17 	units of government designated in federal or state law as responsible for employment and 
28.18 	training programs;
28.19 	(15) establish administrative standards and payment conditions for providers of 
28.20 	employment and training services;
28.21 	(16) enter into agreements with Indian tribes as necessary to provide employment 
28.22 	and training services as appropriate funds become available;
28.23 	(17) cooperate with the federal government and its employment and training 
28.24 	agencies in any reasonable manner as necessary to qualify for federal aid for employment 
28.25 	and training services and money;
28.26 	(18) administer and supervise all forms of unemployment insurance provided for 
28.27 	under federal and state laws;
28.28 	(19) provide current state and substate labor market information and forecasts, in 
28.29 	cooperation with other agencies;
28.30 	(20) require all general employment and training programs that receive state funds 
28.31 	to make available information about opportunities for women in nontraditional careers 
28.32 	in the trades and technical occupations;
28.33 	(21) consult with the Rehabilitation Council for the Blind on matters pertaining to 
28.34 	programs and services for the blind and visually impaired;
28.35 	(22) enter into agreements with other departments of the state and local units of 
28.36 	government as necessary; and
29.1 	(23) establish and maintain administrative units necessary to perform administrative 
29.2 	functions common to all divisions of the department.;
29.3 	(24) investigate, study, and undertake ways and means of promoting and encouraging 
29.4 	the prosperous development and protection of the legitimate interest and welfare of 
29.5 	Minnesota business, industry, and commerce, within and outside the state;
29.6 	(25) locate markets for manufacturers and processors and aid merchants in locating 
29.7 	and contacting markets;
29.8 	(26) as necessary or useful for the proper execution of the powers and duties of the 
29.9 	commissioner in promoting and developing Minnesota business, industry, and commerce, 
29.10 	both within and outside the state, investigate and study conditions affecting Minnesota 
29.11 	business, industry, and commerce; collect and disseminate information; and engage in 
29.12 	technical studies, scientific investigations, statistical research, and educational activities;
29.13 	(27) plan and develop an effective business information service both for the direct 
29.14 	assistance of business and industry of the state and for the encouragement of business and 
29.15 	industry outside the state to use economic facilities within the state;
29.16 	(28) compile, collect, and develop periodically, or otherwise make available, 
29.17 	information relating to current business conditions;
29.18 	(29) conduct or encourage research designed to further new and more extensive uses 
29.19 	of the natural and other resources of the state and designed to develop new products 
29.20 	and industrial processes;
29.21 	(30) study trends and developments in the industries of the state and analyze the 
29.22 	reasons underlying the trends;
29.23 	(31) study costs and other factors affecting successful operation of businesses within 
29.24 	the state;
29.25 	(32) make recommendations regarding circumstances promoting or hampering 
29.26 	business and industrial development;
29.27 	(33) serve as a clearing house for business and industrial problems of the state;
29.28 	(34) advise small business enterprises regarding improved methods of accounting 
29.29 	and bookkeeping;
29.30 	(35) cooperate with interstate commissions engaged in formulating and promoting 
29.31 	the adoption of interstate compacts and agreements helpful to business, industry, and 
29.32 	commerce;
29.33 	(36) cooperate with other state departments and with boards, commissions, and 
29.34 	other state agencies in the preparation and coordination of plans and policies for the 
29.35 	development of the state and for the use and conservation of its resources insofar as the 
30.1 	use, conservation, and development may be appropriately directed or influenced by a 
30.2 	state agency;
30.3 	(37) in connection with state, county, and municipal public works projects, assemble 
30.4 	and coordinate information relative to the status, scope, cost, and employment possibilities 
30.5 	and availability of materials, equipment, and labor, and recommend limitations on the 
30.6 	public works;
30.7 	(38) gather current progress information with reference to public and private 
30.8 	works projects of the state and its political subdivisions with reference to conditions of 
30.9 	employment;
30.10 	(39) inquire into and report to the governor, when requested by the governor, with 
30.11 	respect to any program of public state improvements and its financing; and request 
30.12 	and obtain information from other state departments or agencies as may be needed for 
30.13 	the report;
30.14 	(40) study changes in population and current trends and prepare plans and suggest 
30.15 	policies for the development and conservation of the resources of the state;
30.16 	(41) confer and cooperate with the executive, legislative, or planning authorities of 
30.17 	the United States, neighboring states and provinces, and the counties and municipalities 
30.18 	of neighboring states, for the purpose of bringing about a coordination between the 
30.19 	development of neighboring provinces, states, counties, and municipalities and the 
30.20 	development of this state;
30.21 	(42) generally gather, compile, and make available statistical information relating to 
30.22 	business, trade, commerce, industry, transportation, communication, natural resources, 
30.23 	and other like subjects in this state, with authority to call upon other state departments for 
30.24 	statistical data and results obtained by them and to arrange and compile that statistical 
30.25 	information in a reasonable manner;
30.26 	(43) publish documents and annually convene regional meetings to inform 
30.27 	businesses, local government units, assistance providers, and other interested persons of 
30.28 	changes in state and federal law related to economic development;
30.29 	(44) annually convene conferences of providers of economic development-related 
30.30 	financial and technical assistance for the purposes of exchanging information on economic 
30.31 	development assistance, coordinating economic development activities, and formulating 
30.32 	economic development strategies;
30.33 	(45) provide business with information on the economic benefits of energy 
30.34 	conservation and on the availability of energy conservation assistance;
30.35 	(46) as part of the biennial budget process, prepare performance measures for each 
30.36 	business loan or grant program within the jurisdiction of the commissioner. Measures 
31.1 	include source of funds for each program, number of jobs proposed or promised at the 
31.2 	time of application and the number of jobs created, estimated number of jobs retained, the 
31.3 	average salary and benefits for the jobs resulting from the program, and the number of 
31.4 	projects approved;
31.5 	(47) provide a continuous program of education for business people;
31.6 	(48) publish, disseminate, and distribute information and statistics;
31.7 	(49) promote and encourage the expansion and development of markets for 
31.8 	Minnesota products;
31.9 	(50) promote and encourage the location and development of new businesses in the 
31.10 	state as well as the maintenance and expansion of existing businesses and for that purpose 
31.11 	cooperate with state and local agencies and individuals, both within and outside the state;
31.12 	(51) advertise and disseminate information as to natural resources, desirable 
31.13 	locations, and other advantages for the purpose of attracting businesses to locate in this 
31.14 	state;
31.15 	(52) aid the various communities in this state in attracting business to their 
31.16 	communities;
31.17 	(53) advise and cooperate with municipal, county, regional, and other planning 
31.18 	agencies and planning groups within the state for the purpose of promoting coordination 
31.19 	between the state and localities as to plans and development in order to maintain a high 
31.20 	level of gainful employment in private profitable production and achieve commensurate 
31.21 	advancement in social and cultural welfare;
31.22 	(54) coordinate the activities of statewide and local planning agencies, correlate 
31.23 	information secured from them and from state departments and disseminate information 
31.24 	and suggestions to the planning agencies;
31.25 	(55) encourage and assist in the organization and functioning of local planning 
31.26 	agencies where none exist; and
31.27 	(56) adopt measures calculated to promote public interest in and understanding of 
31.28 	the problems of planning and, to that end, may publish and distribute copies of any plan 
31.29 	or any report and may employ other means of publicity and education that will give full 
31.30 	effect to the provisions of sections 116J.58 to 116J.63.
31.31 	(b) At the request of any governmental subdivision in paragraph (a), clause (53), 
31.32 	the commissioner may provide planning assistance, which includes but is not limited to 
31.33 	surveys, land use studies, urban renewal plans, technical services and other planning work 
31.34 	to any city or other municipality in the state or perform similar planning work in any 
31.35 	county, metropolitan, or regional area in the state. The commissioner must not perform 
31.36 	the planning work with respect to a metropolitan or regional area which is under the 
32.1 	jurisdiction for planning purposes of a county, metropolitan, regional, or joint planning 
32.2 	body, except at the request or with the consent of the respective county, metropolitan, 
32.3 	regional, or joint planning body.
32.4 	(c) The commissioner is authorized to:
32.5 	(1) receive and expend money from municipal, county, regional, and other planning 
32.6 	agencies;
32.7 	(2) accept and disburse grants and other aids for planning purposes from the federal 
32.8 	government and from other public or private sources;
32.9 	(3) utilize money received under clause (2) for the employment of consultants and 
32.10 	other temporary personnel to assist in the supervision or performance of planning work 
32.11 	supported by money other than state-appropriated money;
32.12 	(4) enter into contracts with agencies of the federal government, units of local 
32.13 	government or combinations thereof, and with private persons that are necessary in the 
32.14 	performance of the planning assistance function of the commissioner; and
32.15 	(5) assist any local government unit in filling out application forms for the federal 
32.16 	grants-in-aid.
32.17 	(d) In furtherance of its planning functions, any city or town, however organized, 
32.18 	may expend money and contract with agencies of the federal government, appropriate 
32.19 	departments of state government, other local units of government, and with private 
32.20 	persons.

32.21 	Sec. 6. Minnesota Statutes 2008, section 116J.68, subdivision 2, is amended to read:
32.22 		Subd. 2.Duties. The bureau shall:
32.23 	(a) (1) provide information and assistance with respect to all aspects of business 
32.24 	planning and business management related to the start-up, operation, or expansion of 
32.25 	a small business in Minnesota;
32.26 	(b) (2) refer persons interested in the start-up, operation, or expansion of a small 
32.27 	business in Minnesota to assistance programs sponsored by federal agencies, state 
32.28 	agencies, educational institutions, chambers of commerce, civic organizations, community 
32.29 	development groups, private industry associations, and other organizations or to the 
32.30 	business assistance referral system established by the Minnesota Project Outreach 
32.31 	Corporation;
32.32 	(c) (3) plan, develop, and implement a master file of information on small business 
32.33 	assistance programs of federal, state, and local governments, and other public and private 
32.34 	organizations so as to provide comprehensive, timely information to the bureau's clients;
33.1 	(d) (4) employ staff with adequate and appropriate skills and education and training 
33.2 	for the delivery of information and assistance;
33.3 	(e) (5) seek out and utilize, to the extent practicable, contributed expertise and 
33.4 	services of federal, state, and local governments, educational institutions, and other public 
33.5 	and private organizations;
33.6 	(f) (6) maintain a close and continued relationship with the director of the 
33.7 	procurement program within the Department of Administration so as to facilitate the 
33.8 	department's duties and responsibilities under sections 16C.16 to 16C.19 relating to the 
33.9 	small targeted group business and economically disadvantaged business program of the 
33.10 	state;  
33.11 	(g) (7) develop an information system which will enable the commissioner and other 
33.12 	state agencies to efficiently store, retrieve, analyze, and exchange data regarding small 
33.13 	business development and growth in the state. All executive branch agencies of state 
33.14 	government and the secretary of state shall to the extent practicable, assist the bureau in 
33.15 	the development and implementation of the information system;
33.16 	(h) (8) establish and maintain a toll free telephone number so that all small business 
33.17 	persons anywhere in the state can call the bureau office for assistance. An outreach 
33.18 	program shall be established to make the existence of the bureau well known to its 
33.19 	potential clientele throughout the state. If the small business person requires a referral to 
33.20 	another provider the bureau may use the business assistance referral system established by 
33.21 	the Minnesota Project Outreach Corporation;
33.22 	(i) (9) conduct research and provide data as required by the state legislature;
33.23 	(j) (10) develop and publish material on all aspects of the start-up, operation, or 
33.24 	expansion of a small business in Minnesota;
33.25 	(k) (11) collect and disseminate information on state procurement opportunities, 
33.26 	including information on the procurement process;
33.27 	(l) (12) develop a public awareness program through the use of newsletters, personal 
33.28 	contacts, and electronic and print news media advertising about state assistance programs 
33.29 	for small businesses, including those programs specifically for socially disadvantaged 
33.30 	small business persons;
33.31 	(m) (13) enter into agreements with the federal government and other public and 
33.32 	private entities to serve as the statewide coordinator or host agency for the federal small 
33.33 	business development center program under United States Code, title 15, section 648; and
33.34 	(n) (14) assist providers in the evaluation of their programs and the assessment of 
33.35 	their service area needs. The bureau may establish model evaluation techniques and 
33.36 	performance standards for providers to use.

34.1 	Sec. 7. Minnesota Statutes 2008, section 116L.03, subdivision 5, is amended to read:
34.2 		Subd. 5.Terms. The terms of appointed members shall be for four years except for 
34.3 	the initial appointments. The initial appointments of the governor shall have the following 
34.4 	terms: two members each for one, two, three, and four years. No member shall serve 
34.5 	more than two terms, and no person shall be appointed after December 31, 2001, for any 
34.6 	term that would cause that person to serve a total of more than eight years on the board. 
34.7 	Compensation for board members is as provided in section 15.0575, subdivision 3.  

34.8 	Sec. 8. Minnesota Statutes 2008, section 116L.05, subdivision 5, is amended to read:
34.9 		Subd. 5.Use of workforce development funds. After March 1 of any fiscal year, 
34.10 	the board may use workforce development funds for the purposes outlined in sections 
34.11 	116L.02, 116L.04, and 116L.10 to 116L.14, or to provide incumbent worker training 
34.12 	services under section 116L.18 if the following conditions have been met:
34.13 	(1) the board examines relevant economic indicators, including the projected 
34.14 	number of layoffs for the remainder of the fiscal year and the next fiscal year, evidence of 
34.15 	declining and expanding industries, the number of initial applications for and the number 
34.16 	of exhaustions of unemployment benefits, job vacancy data, and any additional relevant 
34.17 	information brought to the board's attention;
34.18 	(2) the board accounts for all allocations made in section 116L.17, subdivision 2;
34.19 	(3) based on the past expenditures and projected revenue, the board estimates future 
34.20 	funding needs for services under section 116L.17 for the remainder of the current fiscal 
34.21 	year and the next fiscal year;
34.22 	(4) the board determines there will be unspent funds after meeting the needs of 
34.23 	dislocated workers in the current fiscal year and there will be sufficient revenue to meet 
34.24 	the needs of dislocated workers in the next fiscal year; and
34.25 	(5) the board reports its findings in clauses (1) to (4) to the chairs of legislative 
34.26 	committees with jurisdiction over the workforce development fund, to the commissioners 
34.27 	of revenue and finance, and to the public.

34.28 	Sec. 9. Minnesota Statutes 2008, section 116L.871, subdivision 1, is amended to read:
34.29 		Subdivision 1.Responsibility and certification. (a) Unless prohibited by federal 
34.30 	law or otherwise determined by state law, a local service unit is responsible for the 
34.31 	delivery of employment and training services. As of July 1, 1998, Employment and 
34.32 	training services may be delivered by certified employment and training service providers.
34.33 	(b) The local service unit's employment and training service provider must meet the 
34.34 	certification standards in this subdivision if the county requests that they be certified 
35.1 	to deliver any of the following employment and training services and programs: wage 
35.2 	subsidies; general assistance grant diversion; food stamp employment and training 
35.3 	programs; community work experience programs; and MFIP employment services.
35.4 	(c) The commissioner shall certify a local service unit's service provider to provide 
35.5 	these employment and training services and programs if the commissioner determines 
35.6 	that the provider has:
35.7 	(1) past experience in direct delivery of the programs specified in paragraph (b);
35.8 	(2) staff capabilities and qualifications, including adequate staff to provide timely 
35.9 	and effective services to clients, and proven staff experience in providing specific services 
35.10 	such as assessments, career planning, job development, job placement, support services, 
35.11 	and knowledge of community services and educational resources;
35.12 	(3) demonstrated effectiveness in providing services to public assistance recipients 
35.13 	and other economically disadvantaged clients; and
35.14 	(4) demonstrated administrative capabilities, including adequate fiscal and 
35.15 	accounting procedures, financial management systems, participant data systems, and 
35.16 	record retention procedures.
35.17 	(d) When the only service provider that meets the criterion in paragraph (c), clause 
35.18 	(1), has been decertified, according to subdivision 1a, in that local service unit, the 
35.19 	following criteria shall be substituted: past experience in direct delivery of multiple, 
35.20 	coordinated, nonduplicative services, including outreach, assessments, identification of 
35.21 	client barriers, employability development plans, and provision or referral to support 
35.22 	services.

35.23 	Sec. 10. Minnesota Statutes 2008, section 116L.96, is amended to read:
35.24 	116L.96 DISPLACED HOMEMAKER PROGRAMS.
35.25 	The commissioner of economic security employment and economic development
35.26 	may enter into arrangements with existing private or nonprofit organizations and agencies 
35.27 	with experience in dealing with displaced homemakers to provide counseling and 
35.28 	training services. The commissioner shall assist displaced homemakers in applying for 
35.29 	appropriate welfare programs and shall take welfare allowances received into account 
35.30 	in setting the stipend level. Income received as a stipend under these programs shall 
35.31 	be totally disregarded for purposes of determining eligibility for and the amount of a 
35.32 	general assistance grant.

35.33 	Sec. 11. Minnesota Statutes 2008, section 123A.08, subdivision 1, is amended to read:
35.34 		Subdivision 1.Outside sources for resources and services. A center may accept:
36.1 	(1) resources and services from postsecondary institutions serving center pupils;
36.2 	(2) resources from Job Training Partnership Act Workforce Investment Act of 1998, 
36.3 	Public Law 105-220 programs, including funding for jobs skills training for various 
36.4 	groups and the percentage reserved for education;
36.5 	(3) resources from the Department of Human Services and county welfare funding;
36.6 	(4) resources from a local education and employment transitions partnership; or
36.7 	(5) private resources, foundation grants, gifts, corporate contributions, and other 
36.8 	grants.

36.9 	Sec. 12. Minnesota Statutes 2008, section 124D.49, subdivision 3, is amended to read:
36.10 		Subd. 3.Local education and employment transitions systems. A local education 
36.11 	and employment transitions partnership must assess the needs of employers, employees, 
36.12 	and learners, and develop a plan for implementing and achieving the objectives of a local 
36.13 	or regional education and employment transitions system. The plan must provide for a 
36.14 	comprehensive local system for assisting learners and workers in making the transition 
36.15 	from school to work or for retraining in a new vocational area. The objectives of a local 
36.16 	education and employment transitions system include:
36.17 	(1) increasing the effectiveness of the educational programs and curriculum of 
36.18 	elementary, secondary, and postsecondary schools and the work site in preparing students 
36.19 	in the skills and knowledge needed to be successful in the workplace;
36.20 	(2) implementing learner outcomes for students in grades kindergarten through 12 
36.21 	designed to introduce the world of work and to explore career opportunities, including 
36.22 	nontraditional career opportunities;
36.23 	(3) eliminating barriers to providing effective integrated applied learning, 
36.24 	service-learning, or work-based curriculum;
36.25 	(4) increasing opportunities to apply academic knowledge and skills, including 
36.26 	skills needed in the workplace, in local settings which include the school, school-based 
36.27 	enterprises, postsecondary institutions, the workplace, and the community;
36.28 	(5) increasing applied instruction in the attitudes and skills essential for success in 
36.29 	the workplace, including cooperative working, leadership, problem-solving, and respect 
36.30 	for diversity;
36.31 	(6) providing staff training for vocational guidance counselors, teachers, and other 
36.32 	appropriate staff in the importance of preparing learners for the transition to work, and in 
36.33 	methods of providing instruction that incorporate applied learning, work-based learning, 
36.34 	and service-learning experiences;
37.1 	(7) identifying and enlisting local and regional employers who can effectively 
37.2 	provide work-based or service-learning opportunities, including, but not limited to, 
37.3 	apprenticeships, internships, and mentorships;
37.4 	(8) recruiting community and workplace mentors including peers, parents, employers 
37.5 	and employed individuals from the community, and employers of high school students;
37.6 	(9) identifying current and emerging educational, training, and employment needs of 
37.7 	the area or region, especially within industries with potential for job growth;
37.8 	(10) improving the coordination and effectiveness of local vocational and job 
37.9 	training programs, including vocational education, adult basic education, tech prep, 
37.10 	apprenticeship, service-learning, youth entrepreneur, youth training and employment 
37.11 	programs administered by the commissioner of employment and economic development, 
37.12 	and local job training programs under the Job Training Partnership Act, United States 
37.13 	Code, title 29, section 1501, et seq. Workforce Investment Act of 1998, Public Law 
37.14 	105-220;
37.15 	(11) identifying and applying for federal, state, local, and private sources of funding 
37.16 	for vocational or applied learning programs;
37.17 	(12) providing students with current information and counseling about career 
37.18 	opportunities, potential employment, educational opportunities in postsecondary 
37.19 	institutions, workplaces, and the community, and the skills and knowledge necessary to 
37.20 	succeed;
37.21 	(13) providing educational technology, including interactive television networks 
37.22 	and other distance learning methods, to ensure access to a broad variety of work-based 
37.23 	learning opportunities;
37.24 	(14) including students with disabilities in a district's vocational or applied learning 
37.25 	program and ways to serve at-risk learners through collaboration with area learning 
37.26 	centers under sections 123A.05 to 123A.09, or other alternative programs; and  
37.27 	(15) providing a warranty to employers, postsecondary education programs, and 
37.28 	other postsecondary training programs, that learners successfully completing a high school 
37.29 	work-based or applied learning program will be able to apply the knowledge and work 
37.30 	skills included in the program outcomes or graduation requirements. The warranty shall 
37.31 	require education and training programs to continue to work with those learners that need 
37.32 	additional skill development until they can demonstrate achievement of the program 
37.33 	outcomes or graduation requirements.

37.34 	Sec. 13.  Minnesota Statutes 2008, section 160.276, subdivision 8, is amended to read:
38.1 		Subd. 8.Revenue. The agreement may provide that the vendor pay a portion of 
38.2 	the gross revenues derived from advertising. These revenues must be paid to the state for 
38.3 	deposit in the safety rest area account established in section 160.2745. The commissioner 
38.4 	of transportation and director of the Office of Explore Minnesota Tourism may enter into 
38.5 	an interagency agreement to define the distribution of the revenues generated in this 
38.6 	subdivision and subdivisions 2a and 3a.

38.7 	Sec. 14. Minnesota Statutes 2008, section 241.27, subdivision 1, is amended to read:
38.8 		Subdivision 1.Establishment of Minnesota correctional industries; MINNCOR 
38.9 	industries. For the purpose of providing adequate, regular and suitable employment, 
38.10 	educational training, and to aid the inmates of state correctional facilities, the 
38.11 	commissioner of corrections may establish, equip, maintain and operate at any correctional 
38.12 	facility under the commissioner's control such industrial and commercial activities as may 
38.13 	be deemed necessary and suitable to the profitable employment, educational training and 
38.14 	development of proper work habits of the inmates of state correctional facilities. The 
38.15 	industrial and commercial activities authorized by this section are designated MINNCOR 
38.16 	industries and shall be for the primary purpose of sustaining and ensuring MINNCOR 
38.17 	industries' self-sufficiency, providing  educational training, meaningful employment 
38.18 	and the teaching of proper work habits to the inmates of correctional facilities under 
38.19 	the control of the commissioner of corrections, and not solely as competitive business 
38.20 	ventures. The net profits from these activities shall be used for the benefit of the inmates 
38.21 	as it relates to education, self-sufficiency skills, and transition services and not to fund 
38.22 	non-inmate-related activities or mandates. Prior to the establishment of any industrial and 
38.23 	commercial activity, the commissioner of corrections may consult with representatives 
38.24 	of business, industry, organized labor, the state Department of Education, the state 
38.25 	Apprenticeship Council, the state Department of Labor and Industry, the Department of 
38.26 	Employment Security and Economic Development, the Department of Administration, 
38.27 	and such other persons and bodies as the commissioner may feel are qualified to determine 
38.28 	the quantity and nature of the goods, wares, merchandise and services to be made or 
38.29 	provided, and the types of processes to be used in their manufacture, processing, repair, 
38.30 	and production consistent with the greatest opportunity for the reform and  educational 
38.31 	training of the inmates, and with the best interests of the state, business, industry and labor.
38.32 	The commissioner of corrections shall, at all times in the conduct of any industrial 
38.33 	or commercial activity authorized by this section, utilize inmate labor to the greatest 
38.34 	extent feasible, provided, however, that the commissioner may employ all administrative, 
38.35 	supervisory and other skilled workers necessary to the proper instruction of the inmates 
39.1 	and the profitable and efficient operation of the industrial and commercial activities 
39.2 	authorized by this section.
39.3 	Additionally, the commissioner of corrections may authorize the director of any 
39.4 	correctional facility under the commissioner's control to accept work projects from outside 
39.5 	sources for processing, fabrication or repair, provided that preference shall be given to the 
39.6 	performance of such work projects for state departments and agencies.

39.7 	Sec. 15. Minnesota Statutes 2008, section 248.061, subdivision 3, is amended to read:
39.8 		Subd. 3.Eligible individual. "Eligible individual" means an individual who is 
39.9 	eligible for library loan services through the Library of Congress and the State Library for 
39.10 	the Blind and Physically Handicapped Minnesota Braille and Talking Book Library under 
39.11 	Code of Federal Regulations, title 36, section 701.10, subsection (b).

39.12 	Sec. 16. Minnesota Statutes 2008, section 248.07, subdivision 8, is amended to read:
39.13 		Subd. 8.Use of revolving fund, licenses for operation of vending machines
39.14 	stands. (a) The revolving fund created by Laws 1947, chapter 535, section 5, is continued 
39.15 	as provided in this subdivision and shall be known as the revolving fund for vocational 
39.16 	rehabilitation of the blind. It shall be used for the purchase of equipment and supplies 
39.17 	for establishing and operating of vending stands by blind persons. All income, receipts, 
39.18 	earnings, and federal grants vending machine income due to the operation thereofof 
39.19 	vending stands operated under this subdivision shall also be paid into the fund. All interest 
39.20 	earned on money accrued in the fund must be credited to the fund by the commissioner of 
39.21 	finance. All equipment, supplies, and expenses for setting up these stands shall be paid 
39.22 	for from the fund. 
39.23 	(b) Authority is hereby given to The commissioner is authorized to use the money 
39.24 	available in the revolving fund that originated as operational charges to individuals 
39.25 	licensed under this subdivision for the establishment, operation, and supervision of 
39.26 	vending stands by blind persons for the following purposes: 
39.27 	(1) purchase, upkeep and replacement of equipment; 
39.28 	(2) expenses incidental to the setting up of new stands and improvement of old 
39.29 	stands; 
39.30 	(3) reimbursement under section 15.059 to individual blind vending operators 
39.31 	for reasonable expenses incurred in attending supervisory meetings as called by the 
39.32 	commissioner and other expenditures for management services consistent with federal 
39.33 	law; and 
40.1 	(4) purchase of fringe benefits for blind vending operators and their employees such 
40.2 	as group health insurance, retirement program, vacation or sick leave assistance provided 
40.3 	that the purchase of any fringe benefit is approved by a majority vote of blind vending 
40.4 	operators licensed pursuant to this subdivision after the commissioner provides to each 
40.5 	blind vending operator information on all matters relevant to the fringe benefits. "Majority 
40.6 	vote" means a majority of blind vending operators voting. Fringe benefits shall be paid 
40.7 	only from assessments of operators for specific benefits, gifts to the fund for fringe benefit 
40.8 	purposes, and vending income which is not assignable to an individual stand.  
40.9 	(c) Money originally deposited as merchandise and supplies repayments by 
40.10 	individuals licensed under this subdivision may be expended for initial and replacement 
40.11 	stocks of supplies and merchandise. Money originally deposited from vending income on 
40.12 	federal property must be spent consistent with federal law.
40.13 	(d) All other deposits may be used for the purchase of general liability insurance or 
40.14 	any other expense related to the operation and supervision of vending stands.
40.15 	(e) The commissioner shall issue each license for the operation of a vending stand 
40.16 	or vending machine for an indefinite period but may terminate any license in the manner 
40.17 	provided. In granting licenses for new or vacated stands preference on the basis of 
40.18 	seniority of experience in operating stands under the control of the commissioner shall 
40.19 	be given to capable operators who are deemed competent to handle the enterprise under 
40.20 	consideration. Application of this preference shall not prohibit the commissioner from 
40.21 	selecting an operator from the community in which the stand is located.

40.22 	Sec. 17. Minnesota Statutes 2008, section 256J.626, subdivision 4, is amended to read:
40.23 		Subd. 4.County and tribal biennial service agreements. (a) Effective January 1, 
40.24 	2004, and each two-year period thereafter, each county and tribe must have in place an 
40.25 	approved biennial service agreement related to the services and programs in this chapter. 
40.26 	In counties with a city of the first class with a population over 300,000, the county must 
40.27 	consider a service agreement that includes a jointly developed plan for the delivery of 
40.28 	employment services with the city. Counties may collaborate to develop multicounty, 
40.29 	multitribal, or regional service agreements.
40.30 	(b) The service agreements will be completed in a form prescribed by the 
40.31 	commissioner. The agreement must include:
40.32 	(1) a statement of the needs of the service population and strengths and resources 
40.33 	in the community;
41.1 	(2) numerical goals for participant outcomes measures to be accomplished during 
41.2 	the biennial period. The commissioner may identify outcomes from section 256J.751, 
41.3 	subdivision 2, as core outcomes for all counties and tribes; 
41.4 	(3) strategies the county or tribe will pursue to achieve the outcome targets. 
41.5 	Strategies must include specification of how funds under this section will be used and may 
41.6 	include community partnerships that will be established or strengthened; 
41.7 	(4) strategies the county or tribe will pursue under family stabilization services; and 
41.8 	(5) other items prescribed by the commissioner in consultation with counties and 
41.9 	tribes.
41.10 	(c) The commissioner shall provide each county and tribe with information needed 
41.11 	to complete an agreement, including: (1) information on MFIP cases in the county or 
41.12 	tribe; (2) comparisons with the rest of the state; (3) baseline performance on outcome 
41.13 	measures; and (4) promising program practices.
41.14 	(d) The service agreement must be submitted to the commissioner by October 15, 
41.15 	2003, and October 15 of each second year thereafter. The county or tribe must allow 
41.16 	a period of not less than 30 days prior to the submission of the agreement to solicit 
41.17 	comments from the public on the contents of the agreement.
41.18 	(e) The commissioner must, within 60 days of receiving each county or tribal service 
41.19 	agreement, inform the county or tribe if the service agreement is approved. If the service 
41.20 	agreement is not approved, the commissioner must inform the county or tribe of any 
41.21 	revisions needed prior to approval.
41.22 	(f) The service agreement in this subdivision supersedes the plan requirements 
41.23 	of section 116L.88. 

41.24 	Sec. 18. Minnesota Statutes 2008, section 256J.66, subdivision 1, is amended to read:
41.25 		Subdivision 1.Establishing the on-the-job training program. (a) County agencies 
41.26 	may develop on-the-job training programs for MFIP caregivers who are participating in 
41.27 	employment and training services. A county agency that chooses to provide on-the-job 
41.28 	training may make payments to employers for on-the-job training costs that, during the 
41.29 	period of the training, must not exceed 50 percent of the wages paid by the employer to 
41.30 	the participant. The payments are deemed to be in compensation for the extraordinary 
41.31 	costs associated with training participants under this section and in compensation for the 
41.32 	costs associated with the lower productivity of the participants during training.
41.33 	(b) Provision of an on-the-job training program under the Job Training Partnership 
41.34 	Act Workforce Investment Act of 1998, Public Law 105-220, in and of itself, does not 
41.35 	qualify as an on-the-job training program under this section.
42.1 	(c) Employers must compensate participants in on-the-job training shall be 
42.2 	compensated by the employer at the same rates, including periodic increases, as similarly 
42.3 	situated employees or trainees and in accordance with applicable law, but in no event less 
42.4 	than the federal or applicable state minimum wage, whichever is higher.

42.5 	Sec. 19. Minnesota Statutes 2008, section 469.169, subdivision 3, is amended to read:
42.6 		Subd. 3.Evaluation of applications. (a) The commissioner shall review and 
42.7 	evaluate the applications submitted pursuant to subdivision 2 and shall determine whether 
42.8 	each area is eligible for designation as an enterprise zone. In determining whether an 
42.9 	area is eligible under section 469.168, subdivision 4, paragraph (a), if unemployment, 
42.10 	employment, income, or other necessary data are not available for the area from the 
42.11 	federal departments of labor or commerce or the state demographer, the commissioner 
42.12 	may rely upon other data submitted by the municipality if the commissioner determines it 
42.13 	is statistically reliable or accurate. The commissioner, together with the commissioner 
42.14 	of revenue, shall prepare an estimate of the amount of state tax revenue which will be 
42.15 	foregone for each application if the area is designated as a zone. 
42.16 	(b) By October 1 of each year, the commissioner shall submit to the Legislative 
42.17 	Advisory Commission a list of the areas eligible for designation as enterprise zones, 
42.18 	along with recommendations for designation and supporting documentation. In making 
42.19 	recommendations for designation, the commissioner shall consider and evaluate the 
42.20 	applications pursuant to the following criteria:
42.21 	(1) the pervasiveness of poverty, unemployment, and general distress in the area;
42.22 	(2) the extent of chronic abandonment, deterioration, or reduction in value of 
42.23 	commercial, industrial, or residential structures in the area and the extent of property 
42.24 	tax arrearages in the area;
42.25 	(3) the prospects for new investment and economic development in the area with 
42.26 	the tax reductions proposed in the application relative to the state and local tax revenue 
42.27 	which would be foregone;
42.28 	(4) the competing needs of other areas of the state;
42.29 	(5) the municipality's proposed use of other state and federal development funds or 
42.30 	programs to increase the probability of new investment and development occurring;
42.31 	(6) the extent to which the projected development in the zone will provide 
42.32 	employment to residents of the economic hardship area, and particularly individuals who 
42.33 	are unemployed or who are economically disadvantaged as defined in the federal Job 
42.34 	Training Partnership Act of 1982, Volume 96, Statutes at Large, page 1322 Workforce 
42.35 	Investment Act of 1998, Public Law 105-220;
43.1 	(7) the funds available pursuant to subdivision 7; and
43.2 	(8) other relevant factors that the commissioner specifies in the commissioner's 
43.3 	recommendations.
43.4 	(c) The commissioner shall submit a separate list of the areas entitled to designation 
43.5 	as federally designated zones and border city zones along with recommendations for the 
43.6 	amount of funds to be allocated to each area.

43.7 	Sec. 20. REVISOR'S INSTRUCTION.
 43.8 	The revisor of statutes shall renumber Minnesota Statutes, section 116J.58, 
43.9 	subdivision 2, as Minnesota Statutes, section 116J.035, subdivision 1a, and shall revise 
43.10 	statutory cross-references consistent with that renumbering.

43.11 	Sec. 21.  REPEALER.
 43.12 	Minnesota Statutes 2008, sections 116J.402; 116J.413; 116J.58, subdivision 1; 
43.13 	116J.59; 116J.61; 116J.656; 116L.16; 116L.88; and 116U.65, are repealed.

43.14 	ARTICLE 4
43.15 	UNEMPLOYMENT INSURANCE POLICY

43.16 	Section 1. Minnesota Statutes 2008, section 268.052, subdivision 2, is amended to read:
43.17 		Subd. 2.Election by state or political subdivision to be a taxpaying employer.
 43.18 	(a) The state or political subdivision may elect to be a taxpaying employer for any 
43.19 	calendar year if a notice of election is filed within 30 calendar days following January 1 of 
43.20 	that calendar year. Upon election, the state or political subdivision must be assigned the 
43.21 	new employer tax rate under section 268.051, subdivision 5, for the calendar year of the 
43.22 	election and unless or until it qualifies for an experience rating under section 268.051, 
43.23 	subdivision 3.
43.24 	(b) An election is for a minimum period of two calendar years following the effective 
43.25 	date of the election and continue unless a notice terminating the election is filed not later 
43.26 	than 30 calendar days before the beginning of the calendar year. The termination is 
43.27 	effective at the beginning of the next calendar year. Upon election, the commissioner shall 
43.28 	establish a reimbursable account for the state or political subdivision. A termination of 
43.29 	election is allowed only if the state or political subdivision has, since the beginning of the 
43.30 	experience rating period under section 268.051, subdivision 3, paid taxes equal to or more 
43.31 	than 125 percent of the unemployment benefits used in computing the experience rating. In 
43.32 	addition, any unemployment benefits paid after the experience rating period are transferred 
43.33 	to the new reimbursable account of the state or political subdivision. If the amount of taxes 
44.1 	paid since the beginning of the experience rating period exceeds 125 percent of the amount 
44.2 	of unemployment benefits paid during the experience rating period, that amount in excess 
44.3 	is applied against any unemployment benefits paid after the experience rating period.
44.4 	(c) The method of payments to the trust fund under subdivisions 3 and 4 applies to 
44.5 	all taxes paid by or due from the state or political subdivision that elects to be taxpaying 
44.6 	employers under this subdivision.
44.7 	(d) A notice of election or a notice terminating election must be filed by electronic 
44.8 	transmission in a format prescribed by the commissioner.

44.9 	Sec. 2. Minnesota Statutes 2008, section 268.053, subdivision 1, is amended to read:
44.10 		Subdivision 1.Election. (a) Any nonprofit organization that has employees in 
44.11 	covered employment must pay taxes on a quarterly basis in accordance with section 
44.12 	268.051 unless it elects to make reimbursements to the trust fund the amount of 
44.13 	unemployment benefits charged to its reimbursable account under section 268.047.
44.14 	The organization may elect to make reimbursements for a period of not less than 
44.15 	two calendar years beginning with the date that the organization was determined to be an 
44.16 	employer with covered employment by filing a notice of election not later than 30 calendar 
44.17 	days after the date of the determination.
44.18 	(b) Any nonprofit organization that makes an election will continue to be liable for 
44.19 	reimbursements until it files a notice terminating its election not later than 30 calendar 
44.20 	days before the beginning of the calendar year the termination is to be effective.
44.21 	(c) A nonprofit organization that has been making reimbursements that files a notice 
44.22 	of termination of election must be assigned the new employer tax rate under section 
44.23 	268.051, subdivision 5, for the calendar year of the termination of election and unless or 
44.24 	until it qualifies for an experience rating under section 268.051, subdivision 3.
44.25 	(d) Any nonprofit organization that has been paying taxes may elect to make 
44.26 	reimbursements by filing no less than 30 calendar days before January 1 of any calendar 
44.27 	year a notice of election. Upon election, the commissioner shall establish a reimbursable 
44.28 	account for the nonprofit organization. An election is allowed only if the nonprofit 
44.29 	organization has, since the beginning of the experience rating period under section 
44.30 	268.051, subdivision 3, paid taxes equal to or more than 125 percent of the unemployment 
44.31 	benefits used in computing the experience rating. In addition, any unemployment benefits 
44.32 	paid after the experience rating period are transferred to the new reimbursable account 
44.33 	of the nonprofit organization. If the amount of taxes paid since the beginning of the 
44.34 	experience rating period exceeds 125 percent of the amount of unemployment benefits 
44.35 	paid during the experience rating period, that amount in excess is applied against any 
45.1 	unemployment benefits paid after the experience rating period. The election is not 
45.2 	terminable by the organization for that and the next calendar year.
45.3 	(e) The commissioner may for good cause extend the period that a notice of election, 
45.4 	or a notice of termination, must be filed and may permit an election to be retroactive.
45.5 	(f) A notice of election or notice terminating election must be filed by electronic 
45.6 	transmission in a format prescribed by the commissioner.

45.7 	Sec. 3. Minnesota Statutes 2008, section 268.066, is amended to read:
45.8 	268.066 CANCELLATION OF AMOUNTS DUE FROM AN EMPLOYER.
45.9 	(a) The commissioner shall must cancel as uncollectible any amounts due from 
45.10 	an employer under this chapter or section 116L.20, that remain unpaid six years after 
45.11 	the amounts have been first determined due, except where the delinquent amounts are 
45.12 	secured by a notice of lien, a judgment, are in the process of garnishment, or are under a 
45.13 	payment plan. 
45.14 	(b) The commissioner may cancel at any time as uncollectible any amount due, or 
45.15 	any portion of an amount due, from an employer under this chapter or section 116L.20, 
45.16 	that (1) are uncollectible due to death or bankruptcy, or (2) the Collection Division of the 
45.17 	Department of Revenue under section 16D.04 was unable to collect, or (3).
45.18 	(c) The commissioner may cancel at any time any interest, penalties, or fees due 
45.19 	from an employer, or any portions due, if the commissioner determines that it is not in 
45.20 	the public interest to pursue collection of the amount due. This paragraph does not apply 
45.21 	to unemployment insurance taxes or reimbursements due.

45.22 	Sec. 4. Minnesota Statutes 2008, section 268.067, is amended to read:
45.23 	268.067 COMPROMISE.
45.24 	(a) The commissioner may compromise in whole or in part any action, determination, 
45.25 	or decision that affects only an employer and not an applicant, and that has occurred 
45.26 	during the prior 24 months. This paragraph may apply applies if it is determined by a court 
45.27 	of law, or a confession of judgment, that an applicant, while employed, wrongfully took 
45.28 	from the employer $500 or more in money or property.
45.29 	(b) The commissioner may at any time compromise any amount unemployment 
45.30 	insurance tax or reimbursement due from an employer under this chapter or section 
45.31 	116L.20. 
45.32 	(c) Any compromise involving an amount over $2,500 must be authorized by an 
45.33 	attorney licensed to practice law in Minnesota who is an employee of the department 
45.34 	designated by the commissioner for that purpose.
46.1 	(d) Any compromise must be in the best interest of the state of Minnesota.

46.2 	Sec. 5. Minnesota Statutes 2008, section 268.07, subdivision 3b, is amended to read:
46.3 		Subd. 3b.Limitations on applications and benefit accounts. (a) An application for 
46.4 	unemployment benefits is effective the Sunday of the calendar week that the application 
46.5 	was filed. Upon specific request of an applicant, An application for unemployment benefits 
46.6 	may be backdated one calendar week before the Sunday of the week the application was 
46.7 	actually filed if the applicant requests the backdating at the time the application is filed. 
46.8 	An application may be backdated only if the applicant was unemployed throughout had 
46.9 	no employment during the period of the backdating. If an individual attempted to file an 
46.10 	application for unemployment benefits, but was prevented from filing an application by 
46.11 	the department, the application is effective the Sunday of the calendar week the individual 
46.12 	first attempted to file an application.
46.13 	(b) A benefit account established under subdivision 2 is effective the date the 
46.14 	application for unemployment benefits was effective. 
46.15 	(c) A benefit account, once established, may later be withdrawn only if:
46.16 	(1) the applicant has not been paid any unemployment benefits on that benefit 
46.17 	account; and
46.18 	(2) a new application for unemployment benefits is filed and a new benefit account is 
46.19 	established at the time of the withdrawal; and.
46.20 	(2) the applicant has not served the nonpayable waiting week under section 268.085, 
46.21 	subdivision 1, clause (5).
46.22 	A determination or amended determination of eligibility or ineligibility issued under 
46.23 	section 268.101, that was issued sent before the withdrawal of the benefit account, remains 
46.24 	in effect and is not voided by the withdrawal of the benefit account. A determination of 
46.25 	ineligibility requiring subsequent earnings to satisfy the period of ineligibility under 
46.26 	section 268.095, subdivision 10, applies to the weekly unemployment benefit amount on 
46.27 	the new benefit account.
46.28 	(d) An application for unemployment benefits is not allowed before the Sunday 
46.29 	following the expiration of the benefit year on a prior benefit account. Except as allowed 
46.30 	under paragraph (b) (c), an applicant may establish only one benefit account each 52 
46.31 	calendar weeks.

46.32 	Sec. 6. Minnesota Statutes 2008, section 268.085, subdivision 3, is amended to read:
46.33 		Subd. 3.Payments that delay unemployment benefits. (a) An applicant is not 
46.34 	eligible to receive unemployment benefits for any week with respect to which the applicant 
47.1 	is receiving, has received, or has filed for payment, equal to or in excess of the applicant's 
47.2 	weekly unemployment benefit amount, in the form of:
47.3 	(1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause 
47.4 	does not apply to (i) vacation pay paid upon a permanent separation from employment, or 
47.5 	(ii) vacation pay paid from a vacation fund administered by a union or a third party not 
47.6 	under the control of the employer;
47.7 	(2) severance pay, bonus pay, sick pay, and any other payments, except earnings 
47.8 	under subdivision 5, and back pay under subdivision 6, paid by an employer because of, 
47.9 	upon, or after separation from employment, but only if the payment is considered wages at 
47.10 	the time of payment under section 268.035, subdivision 29; or
47.11 	(3) pension, retirement, or annuity payments from any plan contributed to by a base 
47.12 	period employer including the United States government, except Social Security benefits 
47.13 	that are provided for in subdivision 4. The base period employer is considered to have 
47.14 	contributed to the plan if the contribution is excluded from the definition of wages under 
47.15 	section 268.035, subdivision 29, clause (1).
47.16 	If the pension, retirement, or annuity payment is paid in a lump sum, an applicant is 
47.17 	not considered to have received the lump-sum a payment if (i) the applicant immediately 
47.18 	deposits that payment in a qualified pension plan or account, or (ii) that payment is an 
47.19 	early distribution for which the applicant paid an early distribution penalty under the 
47.20 	Internal Revenue Code, United States Code, title 26, section 72(t)(1).
47.21 	(b) This subdivision applies to all the weeks of payment. Payments under paragraph 
47.22 	(a), clauses (1) and (2) clause (1), are applied to the period immediately following the last 
47.23 	day of employment. The number of weeks of payment is determined as follows:
47.24 	(1) if the payments are made periodically, the total of the payments to be received is 
47.25 	divided by the applicant's last level of regular weekly pay from the employer; or
47.26 	(2) if the payment is made in a lump sum, that sum is divided by the applicant's last 
47.27 	level of regular weekly pay from the employer.
47.28 	(c) If the payment is less than the applicant's weekly unemployment benefit amount, 
47.29 	unemployment benefits are reduced by the amount of the payment. If the computation 
47.30 	of reduced unemployment benefits is not a whole dollar, it is rounded down to the next 
47.31 	lower whole dollar.

47.32 	EFFECTIVE DATE. This section is effective the day following final enactment 
47.33 	and is retroactive to December 1, 2008.

47.34 	Sec. 7. Minnesota Statutes 2008, section 268.085, subdivision 6, is amended to read:
48.1 		Subd. 6.Receipt of back pay. (a) Back pay received by an applicant within 24 
48.2 	months of the establishment of the benefit account with respect to any week occurring 
48.3 	in the 104 weeks before the payment of the back pay during the benefit year must be 
48.4 	deducted from unemployment benefits paid for that week.
48.5 	If the back pay is not paid with respect to a specific period, the back pay must be 
48.6 	applied to the period immediately following the last day of employment.
48.7 	(b) If the back pay is reduced by the amount of unemployment benefits that have 
48.8 	been paid, the amount of back pay withheld must be:
48.9 	(1) paid by the employer to the trust fund within 30 calendar days and subject to the 
48.10 	same collection procedures that apply to past due taxes;
48.11 	(2) applied to unemployment benefit overpayments resulting from the payment of 
48.12 	the back pay; and
48.13 	(3) credited to the maximum amount of unemployment benefits available to the 
48.14 	applicant in a benefit year that includes the weeks for which back pay was deducted.
48.15 	(c) Unemployment benefits paid the applicant must be removed from the 
48.16 	computation of the tax rate for taxpaying employers and removed from the reimbursable 
48.17 	account for nonprofit and government employers that have elected to be liable for 
48.18 	reimbursements in the calendar quarter the trust fund receives payment.
48.19 	(d) Payments to the trust fund under this subdivision are considered as made by 
48.20 	the applicant.

48.21 	Sec. 8. Minnesota Statutes 2008, section 268.085, subdivision 15, is amended to read:
48.22 		Subd. 15.Available for suitable employment defined. (a) "Available for suitable 
48.23 	employment" means an applicant is ready and willing to accept suitable employment in 
48.24 	the labor market area. The attachment to the work force must be genuine. An applicant 
48.25 	may restrict availability to suitable employment, but there must be no other restrictions, 
48.26 	either self-imposed or created by circumstances, temporary or permanent, that prevent 
48.27 	accepting suitable employment.
48.28 	(b) To be considered "available for suitable employment," a student must be willing 
48.29 	to quit school to accept suitable employment.
48.30 	(c) An applicant who is absent from the labor market area for personal reasons, other 
48.31 	than to search for work, is not "available for suitable employment."
48.32 	(d) An applicant who has restrictions on the hours of the day or days of the week 
48.33 	that the applicant can or will work, that are not normal for the applicant's usual occupation 
48.34 	or other suitable employment, is not "available for suitable employment." An applicant 
49.1 	must be available for daytime employment, if suitable employment is performed during 
49.2 	the daytime, even though the applicant previously worked the night shift.
49.3 	(e) An applicant must have transportation throughout the labor market area to be 
49.4 	considered "available for suitable employment."

49.5 	Sec. 9. Minnesota Statutes 2008, section 268.095, subdivision 1, is amended to read:
49.6 		Subdivision 1.Quit. An applicant who quit employment  is ineligible for all 
49.7 	unemployment benefits according to subdivision 10 except when a preponderance of 
49.8 	the evidence shows:
49.9 	(1) the applicant quit the employment because of a good reason caused by the 
49.10 	employer as defined in subdivision 3;
49.11 	(2) the applicant quit the employment to accept other covered employment that 
49.12 	provided substantially better terms and conditions of employment, but the applicant did 
49.13 	not work long enough at the second employment to have sufficient subsequent earnings to 
49.14 	satisfy the period of ineligibility that would otherwise be imposed under subdivision 10 
49.15 	for quitting the first employment;
49.16 	(3) the applicant quit the employment within 30 calendar days of beginning the 
49.17 	employment because the employment was unsuitable for the applicant;
49.18 	(4) the employment was unsuitable for the applicant and the applicant quit to enter 
49.19 	reemployment assistance training;
49.20 	(5) the employment was part time and the applicant also had full-time employment 
49.21 	in the base period, from which full-time employment the applicant separated because of 
49.22 	reasons for which the applicant was held not to be ineligible, and the wage credits from 
49.23 	the full-time employment are sufficient to meet the minimum requirements to establish a 
49.24 	benefit account under section 268.07;
49.25 	(6) the applicant quit because the employer notified the applicant that the applicant 
49.26 	was going to be laid off because of lack of work within 30 calendar days. An applicant 
49.27 	who quit employment within 30 calendar days of a notified date of layoff because of lack 
49.28 	of work is ineligible for unemployment benefits through the end of the week that includes 
49.29 	the scheduled date of layoff;
49.30 	(7) the applicant quit the employment because the applicant's serious illness or 
49.31 	injury made it medically necessary that the applicant quit, provided that the applicant 
49.32 	inform the employer of the serious illness or injury and request accommodation and no 
49.33 	reasonable accommodation is made available.
49.34 	If the applicant's serious illness is chemical dependency, this exception does not 
49.35 	apply if the applicant was previously diagnosed as chemically dependent or had treatment 
50.1 	for chemical dependency, and since that diagnosis or treatment has failed to make 
50.2 	consistent efforts to control the chemical dependency.
50.3 	This exception raises an issue of the applicant's being able to work available for 
50.4 	suitable employment under section 268.085, subdivision 1, that the commissioner shall
50.5 	must determine;.
50.6 	(8) the applicant's loss of child care for the applicant's minor child caused the 
50.7 	applicant to quit the employment, provided the applicant made reasonable effort to obtain 
50.8 	other child care and requested time off or other accommodation from the employer and no 
50.9 	reasonable accommodation is available.
50.10 	This exception raises an issue of the applicant's availability being available for 
50.11 	suitable employment under section 268.085, subdivision 1, that the commissioner shall
50.12 	must determine; or
50.13 	(9) domestic abuse of the applicant or the applicant's minor child, necessitated the 
50.14 	applicant's quitting the employment. Domestic abuse must be shown by one or more of 
50.15 	the following:
50.16 	(i) a district court order for protection or other documentation of equitable relief 
50.17 	issued by a court;
50.18 	(ii) a police record documenting the domestic abuse;
50.19 	(iii) documentation that the perpetrator of the domestic abuse has been convicted 
50.20 	of the offense of domestic abuse;
50.21 	(iv) medical documentation of domestic abuse; or
50.22 	(v) written statement that the applicant or the applicant's minor child is a victim 
50.23 	of domestic abuse, provided by a social worker, member of the clergy, shelter worker, 
50.24 	attorney at law, or other professional who has assisted the applicant in dealing with the 
50.25 	domestic abuse.
50.26 	Domestic abuse for purposes of this clause is defined under section 518B.01.

50.27 	Sec. 10. Minnesota Statutes 2008, section 268.095, subdivision 2, is amended to read:
50.28 		Subd. 2.Quit defined. (a) A quit from employment occurs when the decision to end 
50.29 	the employment was, at the time the employment ended, the employee's.
50.30 	(b) An employee who has been notified that the employee will be discharged in the 
50.31 	future, who chooses to end the employment while employment in any capacity is still 
50.32 	available, is considered to have quit the employment.
50.33 	(c) An employee who seeks to withdraw a previously submitted notice of quitting is 
50.34 	considered to have quit the employment if the employer does not agree that the notice 
50.35 	may be withdrawn.
51.1 	(d) An applicant who, within five calendar days after completion of a suitable 
51.2 	temporary job assignment from a staffing service employer, (1) fails without good cause 
51.3 	to affirmatively request an additional job assignment, or (2) refuses without good cause 
51.4 	an additional suitable job assignment offered, or (3) accepts employment with the client 
51.5 	of the staffing service, is considered to have quit employment with the staffing service. 
51.6 	Accepting employment with the client of the staffing service meets the requirements of the 
51.7 	exception to ineligibility under subdivision 1, clause (2).
51.8 	This paragraph applies only if, at the time of beginning of employment with the 
51.9 	staffing service employer, the applicant signed and was provided a copy of a separate 
51.10 	document written in clear and concise language that informed the applicant of this 
51.11 	paragraph and that unemployment benefits may be affected.
51.12 	For purposes of this paragraph, "good cause" is a reason that is significant and 
51.13 	would compel an average, reasonable worker, who would otherwise want an additional 
51.14 	temporary job assignment with the staffing service employer, (1) to fail to contact the 
51.15 	staffing service employer, or (2) to refuse an offered assignment.
51.16 	For purposes of this paragraph, a "staffing service employer" is an employer whose 
51.17 	business involves employing individuals directly for the purpose of furnishing temporary 
51.18 	job assignment workers to clients of the staffing service.

51.19 	Sec. 11. Minnesota Statutes 2008, section 268.103, is amended by adding a subdivision 
51.20 	to read:
51.21 		Subd. 2a.Employer-agent appeals filed online. (a) If an agent files an appeal on 
51.22 	behalf of an employer, the appeal must be filed online. The appeal must be filed through 
51.23 	the electronic address provided on the determination being appealed. Use of another 
51.24 	method of filing does not constitute an appeal. This paragraph does not apply to an 
51.25 	employee filing an appeal on behalf of an employer.
51.26 	(b) All information requested when the appeal is filed must be supplied or the 
51.27 	communication does not constitute an appeal.

51.28 	Sec. 12. Minnesota Statutes 2008, section 268.18, subdivision 4a, is amended to read:
51.29 		Subd. 4a.Court fees; collection fees. (a) If the commissioner is required to pay any 
51.30 	court fees in an attempt to enforce collection of overpaid unemployment benefits, penalties, 
51.31 	or interest, the commissioner may add the amount of the court fees to the total amount due.
51.32 	(b) If an applicant who has been determined overpaid unemployment benefits 
51.33 	because of fraud seeks to have any portion of the debt discharged under the federal 
51.34 	bankruptcy code, and the commissioner files an objection in bankruptcy court to the 
52.1 	discharge, the commissioner may add the commissioner's cost of any court fees to the debt 
52.2 	if the bankruptcy court does not discharge the debt.
52.3 	(c) If the Internal Revenue Service assesses the commissioner a fee for offsetting 
52.4 	from a federal tax refund the amount of any fraud overpayment, including penalties and 
52.5 	interest, the amount of the fee may be added to the total amount due. The offset amount 
52.6 	must be put in the trust fund and that amount credited to the total amount due from the 
52.7 	applicant.

52.8 	Sec. 13. Minnesota Statutes 2008, section 268.186, is amended to read:
52.9 	268.186 RECORDS; AUDITS.
52.10 	(a) Each employer  must keep true and accurate records for the periods of time and 
52.11 	containing the information the commissioner may require by rule. For the purpose of 
52.12 	administering this chapter, the commissioner has the power to audit, examine, or cause to 
52.13 	be supplied or copied, any books, correspondence, papers, records, or memoranda that 
52.14 	are relevant, whether the books, correspondence, papers, records, or memoranda are the 
52.15 	property of or in the possession of the employer or any other person at any reasonable 
52.16 	time and as often as may be necessary.
52.17 	(b) Any employer that refuses to allow an audit of its records by the department, or 
52.18 	that fails to make all necessary records available for audit in Minnesota upon request of 
52.19 	the commissioner, may be assessed an administrative penalty of $500. An employer that 
52.20 	fails to provide a weekly breakdown of money earned by an applicant upon request of the 
52.21 	commissioner, information necessary for the detection of applicant fraud under section 
52.22 	268.18, subdivision 2, may be assessed an administrative penalty of $100. Any notice 
52.23 	requesting a weekly breakdown must clearly state that a $100 penalty may be assessed for 
52.24 	failure to provide the information. The penalty collected  is credited to the administration 
52.25 	account to be used by the commissioner to ensure integrity in the administration of the 
52.26 	unemployment insurance program trust fund.
52.27 	(c) The commissioner may make summaries, compilations, photographs, 
52.28 	duplications, or reproductions of any records, or reports that the commissioner considers 
52.29 	advisable for the preservation of the information contained therein. Any summaries, 
52.30 	compilations, photographs, duplications, or reproductions  is admissible in any proceeding 
52.31 	under this chapter. The commissioner may duplicate records, reports, summaries, 
52.32 	compilations, instructions, determinations, or any other written or recorded matter 
52.33 	pertaining to the administration of this chapter.
52.34 	(d) Regardless of any law to the contrary, the commissioner may provide for the 
52.35 	destruction of any records, reports, or reproductions, or other papers that are no longer 
53.1 	necessary for the administration of this chapter, including any required audit. In addition, 
53.2 	the commissioner may provide for the destruction or disposition of any record, report, 
53.3 	or other paper from which the information has been electronically captured and stored, 
53.4 	or that has been photographed, duplicated, or reproduced.

53.5 	Sec. 14. ENTREPRENEURSHIP FOR DISLOCATED WORKERS.
 53.6 		Subdivision 1.Authorization. Minnesota has been awarded a federal grant by the 
53.7 	United States Department of Labor under the Project GATE (Growing America Through 
53.8 	Entrepreneurship) program to assist certain dislocated workers in starting a business. 
53.9 	Providing unemployment benefits while the dislocated worker is receiving services such 
53.10 	as entrepreneurial training, business counseling, and technical assistance will assist in the 
53.11 	success of this pilot project. In order to provide unemployment benefits, the commissioner 
53.12 	of employment and economic development is authorized to waive the availability for 
53.13 	suitable employment requirements of Minnesota Statutes, section 268.085, subdivision 1, 
53.14 	as well as the earnings deductibility provisions of Minnesota Statutes, section 268.085, 
53.15 	subdivision 5, for individuals enrolled in this pilot project.
53.16 		Subd. 2.Limitations. A maximum of 500 applicants for unemployment benefits are 
53.17 	authorized to receive a waiver.
53.18 		Subd. 3.Expiration date. The authorization under subdivision 1 expires June 
53.19 	30, 2012.

53.20 	Sec. 15. EFFECTIVE DATE.
 53.21 	Sections 1 to 5, 7 to 11, 13, and 14 are effective August 2, 2009, and apply to all 
53.22 	department determinations and unemployment law judge decisions issued on or after that 
53.23 	date. Section 12 is effective April 1, 2010, and applies to all department determinations 
53.24 	and unemployment law judge decisions issued on or after that date. Sections 6 and 15 
53.25 	are effective the day following final enactment and section 6 is retroactive to December 
53.26 	1, 2008.

53.27 	ARTICLE 5
53.28 	UNEMPLOYMENT INSURANCE TECHNICAL CHANGES

53.29 	Section 1. Minnesota Statutes 2008, section 268.031, is amended to read:
53.30 	268.031 STANDARD OF PROOF.
53.31 	All issues of fact under the Minnesota Unemployment Insurance Law are determined 
53.32 	by a preponderance of the evidence. Preponderance of the evidence means evidence in 
54.1 	substantiation of a fact that, when weighed against the evidence opposing the fact, is more 
54.2 	convincing and has a greater probability of truth.

54.3 	Sec. 2. [268.034] COMPUTATIONS OF MONEY ROUNDED DOWN.
54.4 	Computations of money required under this chapter that do not result in a whole 
54.5 	dollar are rounded down to the next lower whole dollar, unless specifically provided 
54.6 	otherwise by law.

54.7 	Sec. 3. Minnesota Statutes 2008, section 268.035, subdivision 2, is amended to read:
54.8 		Subd. 2.Agricultural employment. "Agricultural employment" means services:
54.9 	(1) on a farm, in the employ of any person or family farm corporation in connection 
54.10 	with cultivating the soil, or in connection with raising or harvesting any agricultural or 
54.11 	horticultural commodity, including the raising, shearing, feeding, caring for, training, and 
54.12 	management of livestock, bees, poultry, fur-bearing animals, and wildlife;
54.13 	(2) in the employ of the owner or tenant or other operator of a farm, in connection 
54.14 	with the operation, management, conservation, improvement, or maintenance of the farm 
54.15 	and its tools and equipment, or in salvaging timber or clearing land of brush and other 
54.16 	debris left by a tornado-like storm, if the major part of the employment is performed 
54.17 	on a farm;
54.18 	(3) in connection with the production or harvesting of any commodity defined as 
54.19 	an agricultural product in United States Code, title 7, section 1626 of the Agricultural 
54.20 	Marketing Act, or in connection with cotton ginning, or in connection with the operation 
54.21 	or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for 
54.22 	profit, used exclusively for supplying and storing water for farming purposes;
54.23 	(4) in the employ of the operator of a farm in handling, planting, drying, packing, 
54.24 	packaging, processing, freezing, grading, storing, or delivering to storage or to market 
54.25 	or to a carrier for transportation to market, in its unmanufactured state, any agricultural 
54.26 	or horticultural commodity; but only if the operator produced more than one-half of 
54.27 	the commodity with respect to which the employment is performed, or in the employ 
54.28 	of a group of operators of farms or a cooperative organization of which the operators 
54.29 	are members, but only if the operators produced more than one-half of the commodity 
54.30 	with respect to which the employment is performed; however, this clause shallis not 
54.31 	be applicable to employment performed in connection with commercial canning or 
54.32 	commercial freezing or in connection with any agricultural or horticultural commodity 
54.33 	after its delivery to a terminal market for distribution for consumption; or
55.1 	(5) on a farm operated for profit if the employment is not in the course of the 
55.2 	employer's trade or business.
55.3 	For purposes of this subdivision, the term "farm" includes stock, dairy, poultry, fruit, 
55.4 	fur-bearing animals, and truck farms, plantations, ranches, nurseries, orchards, ranges, 
55.5 	greenhouses, or other similar structures used primarily for the raising of agricultural or 
55.6 	horticultural commodities.

55.7 	Sec. 4. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision 
55.8 	to read:
55.9 		Subd. 9a.Construction; independent contractor. For purposes of this chapter, 
55.10 	section 181.723 determines whether a worker is an independent contractor or an employee 
55.11 	when performing public or private sector commercial or residential building construction 
55.12 	or improvement services.

55.13 	Sec. 5. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision 
55.14 	to read:
55.15 		Subd. 12c.Determination. "Determination" means a document sent to an applicant 
55.16 	or employer by mail or electronic transmission that is an initial department ruling on a 
55.17 	specific issue. All documents that are determinations under this chapter use that term in 
55.18 	the title of the document and are appealable to an unemployment law judge under section 
55.19 	268.105, subdivision 1.

55.20 	Sec. 6. Minnesota Statutes 2008, section 268.035, subdivision 17, is amended to read:
55.21 		Subd. 17.Filing; filed. "Filing" or "filed" means the personal delivery of any 
55.22 	document an application, appeal, or other required action to the commissioner or any of 
55.23 	the commissioner's agents, or the depositing of the documentif done by mail, deposited 
55.24 	in the United States mail properly addressed to the department with postage prepaid, in 
55.25 	which case the documentit is considered filed on the day indicated by the cancellation 
55.26 	mark of the United States Postal Service.
55.27 	If, where allowed, an application, appeal, or other required action is made by 
55.28 	electronic transmission, it is considered filed on the day received by the department.

55.29 	Sec. 7. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision 
55.30 	to read:
56.1 		Subd. 20a.Preponderance of the evidence. "Preponderance of the evidence" 
56.2 	means evidence in substantiation of a fact that, when weighed against the evidence 
56.3 	opposing the fact, is more convincing and has a greater probability of truth.

56.4 	Sec. 8. Minnesota Statutes 2008, section 268.042, subdivision 3, is amended to read:
56.5 		Subd. 3.Election to have noncovered employment considered covered 
56.6 	employment. (a) Any employer that has employment performed for it that is noncovered 
56.7 	employment under section 268.035, subdivision 20, may file with the commissioner, by 
56.8 	electronic transmission in a format prescribed by the commissioner, an election that all 
56.9 	employees in that class of employment, in one or more distinct establishments or places 
56.10 	of business, is considered covered employment for not less than two calendar years. 
56.11 	The commissioner has discretion on the approval of any election. Upon the approval of 
56.12 	the commissioner, sent by mail or electronic transmission, the employment constitutes 
56.13 	covered employment beginning the calendar quarter after the date of approval or 
56.14 	beginning a later calendar quarter if requested by the employer. The employment ceases to 
56.15 	be considered covered employment as of the first day of January of any calendar year only 
56.16 	if at least 30 calendar days before the first day of January the employer has filed with the 
56.17 	commissioner, by electronic transmission in a format prescribed by the commissioner, a 
56.18 	notice to that effect. 
56.19 	(b) The commissioner must terminate any election agreement under this subdivision 
56.20 	upon 30 calendar days' notice sent by mail or electronic transmission, if the employer is 
56.21 	delinquent on any taxes due or reimbursements due the trust fund.

56.22 	Sec. 9. Minnesota Statutes 2008, section 268.043, is amended to read:
56.23 	268.043 DETERMINATIONS OF COVERAGE.
56.24 	(a) The commissioner, upon the commissioner's own motion or upon application 
56.25 	of a person, shallmust determine if that person is an employer or whether services 
56.26 	performed for it constitute employment and covered employment, or whether theany 
56.27 	compensation for services constitutes wages, and notify the person of the determination. 
56.28 	The determination is final unless the person,files an appeal within 20 calendar days 
56.29 	after sending of the determinationthe commissioner sends the determination by mail 
56.30 	or electronic transmission, files an appeal. Proceedings on the appeal are conducted in 
56.31 	accordance with section 268.105.
56.32 	(b) No person may be initially determined an employer, or that services performed 
56.33 	for it were in employment or covered employment, for periods more than four years 
57.1 	before the year in which the determination is made, unless the commissioner finds that 
57.2 	there was fraudulent action to avoid liability under this chapter.

57.3 	Sec. 10. Minnesota Statutes 2008, section 268.044, subdivision 2, is amended to read:
57.4 		Subd. 2.Failure to timely file report; late fees. (a) Any employer that fails to 
57.5 	submit the quarterly wage detail report when due must pay a late fee of $10 per employee, 
57.6 	computed based upon the highest of:
57.7 	(1) the number of employees reported on the last wage detail report submitted;
57.8 	(2) the number of employees reported in the corresponding quarter of the prior 
57.9 	calendar year; or
57.10 	(3) if no wage detail report has ever been submitted, the number of employees 
57.11 	listed at the time of employer registration.
57.12 	The late fee is waivedcanceled if the wage detail report is received within 30 
57.13 	calendar days after a demand for the report is sent to the employer by mail or electronic 
57.14 	transmission. A late fee assessed an employer may not be waivedcanceled more than 
57.15 	twice each 12 months. The amount of the late fee assessed may not be less than $250.
57.16 	(b) If the wage detail report is not received in a manner and format prescribed by the 
57.17 	commissioner within 30 calendar days after demand is sent under paragraph (a), the late 
57.18 	fee assessed under paragraph (a) doubles and a renewed demand notice and notice of the 
57.19 	increased late fee will be sent to the employer by mail or electronic transmission.
57.20 	(c) Late fees due under this subdivision may be compromisedcanceled, in whole or 
57.21 	in part, under section 268.067268.066 where good cause for late submission is found by 
57.22 	the commissioner.

57.23 	Sec. 11. Minnesota Statutes 2008, section 268.047, subdivision 1, is amended to read:
57.24 		Subdivision 1.General rule. Unemployment benefits paid to an applicant, 
57.25 	including extended and shared work benefits, will be used in computing the future 
57.26 	tax rate of a taxpaying base period employer or charged to the reimbursable account 
57.27 	of a base period nonprofit or government employer that has elected to be liable for 
57.28 	reimbursements except as provided in subdivisions 2 and 3. The amount of unemployment 
57.29 	benefits used in computing the future tax rate of taxpaying employers or charged to the 
57.30 	reimbursable account of a nonprofit or government employer that has elected to be liable 
57.31 	for reimbursements is the same percentage of the total amount of unemployment benefits 
57.32 	paid as the percentage of wage credits from the employer is of the total amount of wage 
57.33 	credits from all the applicant's base period employers.
58.1 	In making computations under this subdivision, the amount of wage credits, if not a 
58.2 	whole dollar, must be computed to the nearest whole dollar.

58.3 	Sec. 12. Minnesota Statutes 2008, section 268.047, subdivision 2, is amended to read:
58.4 		Subd. 2.Exceptions for all employers. Unemployment benefits paid will not be 
58.5 	used in computing the future tax rate of a taxpaying base period employer or charged to 
58.6 	the reimbursable account of a base period nonprofit or government employer that has 
58.7 	elected to be liable for reimbursements when:
58.8 	(1) the applicant was discharged from the employment because of aggravated 
58.9 	employment misconduct as determined under section 268.095. This exception applies 
58.10 	only to unemployment benefits paid for periods after the applicant's discharge from 
58.11 	employment;
58.12 	(2) an applicant's discharge from that employment occurred because a law required 
58.13 	removal of the applicant from the position the applicant held;
58.14 	(3) the employer is in the tourist or recreation industry and is in active operation of 
58.15 	business less than 15 calendar weeks each year and the applicant's wage credits from the 
58.16 	employer are less than 600 times the applicable state or federal minimum wage;
58.17 	(4)(3) the employer provided regularly scheduled part-time employment to the 
58.18 	applicant during the applicant's base period and continues to provide the applicant with 
58.19 	regularly scheduled part-time employment during the benefit year of at least 90 percent 
58.20 	of the part-time employment provided in the base period, and is an involved employer 
58.21 	because of the applicant's loss of other employment. This exception terminates effective 
58.22 	the first week that the employer fails to meet the benefit year employment requirements. 
58.23 	This exception applies to educational institutions without consideration of the period 
58.24 	between academic years or terms;
58.25 	(5)(4) the employer is a fire department or firefighting corporation or operator 
58.26 	of a life-support transportation service, and continues to provide employment for the 
58.27 	applicant as a volunteer firefighter or a volunteer ambulance service personnel during the 
58.28 	benefit year on the same basis that employment was provided in the base period. This 
58.29 	exception terminates effective the first week that the employer fails to meet the benefit 
58.30 	year employment requirements;
58.31 	(6)(5) the applicant's unemployment from this employer was a direct result of 
58.32 	the condemnation of property by a governmental agency, a fire, flood, or act of nature, 
58.33 	where 25 percent or more of the employees employed at the affected location, including 
58.34 	the applicant, became unemployed as a result. This exception does not apply where the 
59.1 	unemployment was a direct result of the intentional act of the employer or a person acting 
59.2 	on behalf of the employer;
59.3 	(7)(6) the unemployment benefits were paid by another state as a result of the 
59.4 	transferring of wage credits under a combined wage arrangement provided for in section 
59.5 	268.131;
59.6 	(8)(7) the applicant stopped working because of a labor dispute at the applicant's 
59.7 	primary place of employment if the employer was not a party to the labor dispute;
59.8 	(9)(8) the unemployment benefits were determined overpaid unemployment benefits 
59.9 	under section 268.18;
59.10 	(10)(9) the applicant was employed as a replacement worker, for a period of six 
59.11 	months or longer, for an employee who is in the military reserve and was called for active 
59.12 	duty during the time the applicant worked as a replacement, and the applicant was laid off 
59.13 	because the employee returned to employment after active duty; or
59.14 	(11)(10) the trust fund was reimbursed for the unemployment benefits by the 
59.15 	federal government.

59.16 	Sec. 13. Minnesota Statutes 2008, section 268.051, subdivision 1, is amended to read:
59.17 		Subdivision 1.Payments. (a) Unemployment insurance taxes and any special 
59.18 	assessments, fees, or surcharges accrue and become payable by each employer for each 
59.19 	calendar year on the taxable wages that the employer paid to employees in covered 
59.20 	employment, except for:
59.21 	(1) nonprofit organizations that elect to make reimbursements as provided in section 
59.22 	268.053; and
59.23 	(2) the state of Minnesota and political subdivisions that make reimbursements, 
59.24 	unless they elect to pay taxes as provided in section 268.052.
59.25 	Each employer must pay taxes quarterly, at the employer's assigned tax rate under 
59.26 	subdivision 6, on the taxable wages paid to each employee. The commissioner must 
59.27 	compute the tax due from the wage detail report required under section 268.044 and notify 
59.28 	the employer of the tax due. The taxes and any special assessments, fees, or surcharges 
59.29 	must be paid to the trust fund and must be received by the department on or before the last 
59.30 	day of the month following the end of the calendar quarter.
59.31 	(b) The tax amount computed, if not a whole dollar, is rounded down to the next 
59.32 	lower whole dollar.
59.33 	(c) If for any reason the wages on the wage detail report under section 268.044 are 
59.34 	adjusted for any quarter, the commissioner must recompute the taxes due for that quarter 
59.35 	and assess the employer for any amount due or credit the employer as appropriate.

60.1 	Sec. 14. Minnesota Statutes 2008, section 268.051, subdivision 4, is amended to read:
60.2 		Subd. 4.Experience rating history transfer. (a) When:
60.3 	(1) a taxpaying employer acquires all of the organization, trade or business, or 
60.4 	workforce of another taxpaying employer; and
60.5 	(2) there is 25 percent or more common ownership or there is substantially common 
60.6 	management or control between the predecessor and successor, the experience rating 
60.7 	history of the predecessor employer is transferred to the successor employer.
60.8 	(b) When:
60.9 	(1) a taxpaying employer acquires a portion, but less than all, of the organization, 
60.10 	trade or business, or workforce of another taxpaying employer; and
60.11 	(2) there is 25 percent or more common ownership or there is substantially common 
60.12 	management or control between the predecessor and successor, the successor employer 
60.13 	acquires, as of the date of acquisition, the experience rating history attributable to the 
60.14 	portion it acquired, and the predecessor employer retains the experience rating history 
60.15 	attributable to the portion that it has retained. If the commissioner determines that 
60.16 	sufficient information is not available to substantiate that a distinct severable portion 
60.17 	was acquired and to assign the appropriate distinct severable portion of the experience 
60.18 	rating history, the commissioner shallmust assign the successor employer that percentage 
60.19 	of the predecessor employer's experience rating history equal to that percentage of 
60.20 	the employment positions it has obtained, and the predecessor employer retains that 
60.21 	percentage of the experience rating history equal to the percentage of the employment 
60.22 	positions it has retained.
60.23 	(c) The term "common ownership" for purposes of this subdivision includes 
60.24 	ownership by a spouse, parent, grandparent, child, grandchild, brother, sister, aunt, uncle, 
60.25 	niece, nephew, or first cousin, by birth or by marriage.
60.26 	(d) Each successor employer that is subject to paragraph (a) or (b) must notify the 
60.27 	commissioner of the acquisition by electronic transmission, in a format prescribed by the 
60.28 	commissioner, within 30 calendar days of the date of acquisition. Any successor employer 
60.29 	that fails to notify the commissioner is subject to the penalties under section 268.184, 
60.30 	subdivision 1a, if the successor's experience ratingassigned tax rate under subdivision 2 
60.31 	or 5 was lower than the predecessor's experience ratingassigned tax rate at the time of 
60.32 	the acquisition. Payments made toward the penalties are credited to the administration 
60.33 	account to be used to ensure integrity in the unemployment insurance program.
60.34 	(e) If the successor employer under paragraphs (a) and (b) had an experience rating 
60.35 	at the time of the acquisition, the transferred experience rating history of the predecessor 
61.1 	is combined with the successor's experience rating history for purposes of recomputing 
61.2 	a tax rate.
61.3 	(f) If there has been a transfer of an experience rating history under paragraph (a) or 
61.4 	(b), employment with a predecessor employer is not considered to have been terminated if 
61.5 	similar employment is offered by the successor employer and accepted by the employee.
61.6 	(g) The commissioner, upon notification of an employer, or upon the commissioner's 
61.7 	own motion if the employer fails to provide the required notification, shallmust determine 
61.8 	if an employer is a successor within the meaning of this subdivision. The commissioner 
61.9 	shall must, after determining the issue of succession or nonsuccession, recompute the tax 
61.10 	rate under subdivision 6 of all employers affected. The commissioner shallmust send the 
61.11 	recomputed tax rate to all affected employers by mail or electronic transmission. Any 
61.12 	affected employer may appeal the recomputed tax rate in accordance with the procedures 
61.13 	in subdivision 6, paragraph (c).
61.14 	(h) The "experience rating history" for purposes of this subdivision and subdivision 
61.15 	4a means the amount of unemployment benefits paid and the taxable wages that are being 
61.16 	used and would be used in computing the current and any future experience rating.
61.17 	For purposes of this chapter, an "acquisition" means anything that results in the 
61.18 	obtaining by the successor employer, in any way or manner, of the organization, trade or 
61.19 	business, or workforce of the predecessor employer.
61.20 	A "distinct severable portion" in paragraph (b) means a location or unit separately 
61.21 	identifiable within the employer's wage detail report under section 268.044.
61.22 	(i) Regardless of the ownership, management, or control requirements of paragraph 
61.23 	(a), if there is an acquisition or merger of a publicly held corporation by or with another 
61.24 	publicly held corporation the experience rating histories of the corporations are combined 
61.25 	as of the date of acquisition or merger for the purpose of recomputing a tax rate.

61.26 	Sec. 15. Minnesota Statutes 2008, section 268.057, subdivision 4, is amended to read:
61.27 		Subd. 4.Costs. (a) Any person that fails to pay any amount when due under this 
61.28 	chapter is liable for any filing fees, recording fees, sheriff fees, costs incurred by referral 
61.29 	to any public or private collection agency, or litigation costs, including attorney fees, 
61.30 	incurred in the collection of the amounts due.
61.31 	(b) If any tendered payment of any amount due is not honored when presented to 
61.32 	a financial institution for payment, any costs assessed the department by the financial 
61.33 	institution and a fee of $25 must be assessed to the person.
62.1 	(c) Costs and fees collected under this subdivision are credited to the administration 
62.2 	account to be used by the commissioner to ensure integrity in the administration of the 
62.3 	unemployment insurance program.

62.4 	Sec. 16. Minnesota Statutes 2008, section 268.057, subdivision 5, is amended to read:
62.5 		Subd. 5.Interest on amounts past due. If any amounts due from an employer 
62.6 	under this chapter or section 116L.20, except late fees under section 268.044, are not 
62.7 	received on the date due the unpaid balance bears interest at the rate of one and one-half 
62.8 	percent per month or any part thereof. Interest assessed, if not a whole dollar amount, 
62.9 	is rounded down to the next lower whole dollar. Interest collected is credited to the 
62.10 	contingent account. Interest may be compromised under section 268.067.

62.11 	Sec. 17. Minnesota Statutes 2008, section 268.0625, subdivision 1, is amended to read:
62.12 		Subdivision 1.Notice of debt to licensing authority. The state of Minnesota or a 
62.13 	political subdivision may not issue, transfer, or renew, and must revoke a license for the 
62.14 	conduct of any profession, trade, or business, if the commissioner notifies the licensing 
62.15 	authority that the licensee, applicant, or employer owes any amount due under this chapter 
62.16 	or section 116L.20, of $500 or more. A licensing authority that has received such a notice 
62.17 	may issue, transfer, renew, or not revoke the license only if the licensing authority has 
62.18 	received a copy of the debt clearance certificate issued by the commissioner.  

62.19 	Sec. 18. Minnesota Statutes 2008, section 268.069, subdivision 1, is amended to read:
62.20 		Subdivision 1.Requirements. The commissioner shallmust pay unemployment 
62.21 	benefits from the trust fund to an applicant who has met each of the following requirements:
62.22 	(1) the applicant has filed an application for unemployment benefits and established 
62.23 	a benefit account in accordance with section 268.07;
62.24 	(2) the applicant has not been held ineligible for unemployment benefits under 
62.25 	section 268.095 because of a quit or discharge;
62.26 	(3) the applicant has met all of the ongoing eligibility requirements under sections
62.27 	section 268.085and 268.086;
62.28 	(4) the applicant does not have an outstanding overpayment of unemployment 
62.29 	benefits, including any penalties or interest; and
62.30 	(5) the applicant has not been held ineligible for unemployment benefits under 
62.31 	section 268.182 because of a false representation or concealment of facts.

62.32 	Sec. 19. Minnesota Statutes 2008, section 268.07, subdivision 1, is amended to read:
63.1 		Subdivision 1.Application for unemployment benefits; determination of benefit 
63.2 	account. (a) An application for unemployment benefits may be filed in person, by mail, 
63.3 	or by electronic transmission as the commissioner may require. The applicant must be 
63.4 	unemployed at the time the application is filed and must provide all requested information 
63.5 	in the manner required. If the applicant is not unemployed at the time of the application 
63.6 	or fails to provide all requested information, the communication is not considered an 
63.7 	application for unemployment benefits.
63.8 	(b) The commissioner shallmust examine each application for unemployment 
63.9 	benefits to determine the base period and the benefit year, and based upon all 
63.10 	the covered employment in the base period the commissioner shall determine the 
63.11 	weekly unemployment benefit amount available, if any, and the maximum amount of 
63.12 	unemployment benefits available, if any. The determination is known as the, which is a 
63.13 	document separate and distinct from a document titled a determination of eligibility or 
63.14 	determination of ineligibility issued under section 268.101, must be titled determination of 
63.15 	benefit account. A determination of benefit account must be sent to the applicant and all 
63.16 	base period employers, by mail or electronic transmission.
63.17 	(c) If a base period employer did not provide wage information for the applicant as 
63.18 	provided for in section 268.044, or provided erroneous information, the commissioner 
63.19 	may accept an applicant certification as to wage credits, based upon the applicant's records, 
63.20 	and issue a determination of benefit account. 
63.21 	(d) The commissioner may, at any time within 24 months from the establishment 
63.22 	of a benefit account, reconsider any determination of benefit account and make an 
63.23 	amended determination if the commissioner finds that the determination was incorrect 
63.24 	for any reason. An amended determination of benefit account must be promptly sent 
63.25 	to the applicant and all base period employers, by mail or electronic transmission.
63.26 	This subdivision does not apply to documents titled determinations of eligibility or 
63.27 	determinations of ineligibility issued under section 268.101.
63.28 	(e) If an amended determination of benefit account reduces the weekly 
63.29 	unemployment benefit amount or maximum amount of unemployment benefits available, 
63.30 	any unemployment benefits that have been paid greater than the applicant was entitled 
63.31 	is considered an overpayment of unemployment benefits. A determination or amended 
63.32 	determination issued under this section that results in an overpayment of unemployment 
63.33 	benefits must set out the amount of the overpayment and the requirement under section 
63.34 	268.18, subdivision 1, that the overpaid unemployment benefits must be repaid. 

63.35 	Sec. 20. Minnesota Statutes 2008, section 268.07, subdivision 2, is amended to read:
64.1 		Subd. 2.Benefit account requirements and weekly unemployment benefit 
64.2 	amount and maximum amount of unemployment benefits. (a) To establish a benefit 
64.3 	account, an applicant must have:
64.4 	(1) high quarter wage credits of $1,000 or more; and
64.5 	(2) wage credits, in other than the high quarter, of $250 or more.
64.6 	(b) If an applicant has established a benefit account, the weekly unemployment 
64.7 	benefit amount available during the benefit year is the higher of:
64.8 	(1) 50 percent of the applicant's average weekly wage during the base period, to a 
64.9 	maximum of 66-2/3 percent of the state's average weekly wage; or
64.10 	(2) 50 percent of the applicant's average weekly wage during the high quarter, to a 
64.11 	maximum of 43 percent of the state's average weekly wage.
64.12 	The applicant's average weekly wage under clause (1) is computed by dividing 
64.13 	the total wage credits by 52. The applicant's average weekly wage under clause (2) is 
64.14 	computed by dividing the high quarter wage credits by 13.
64.15 	(c) The state's maximum weekly unemployment benefit amount and an applicant's 
64.16 	weekly unemployment benefit amount and maximum amount of unemployment benefits 
64.17 	available is rounded down to the next lower whole dollar. The state's maximum weekly 
64.18 	benefit amount, computed in accordance with section 268.035, subdivision 23, applies 
64.19 	to a benefit account established effective on or after the last Sunday in October. Once 
64.20 	established, an applicant's weekly unemployment benefit amount is not affected by the last 
64.21 	Sunday in October change in the state's maximum weekly unemployment benefit amount. 
64.22 	(d) The maximum amount of unemployment benefits available on any benefit 
64.23 	account is the lower of:
64.24 	(1) 33-1/3 percent of the applicant's total wage credits; or
64.25 	(2) 26 times the applicant's weekly unemployment benefit amount.

64.26 	Sec. 21. Minnesota Statutes 2008, section 268.07, subdivision 3, is amended to read:
64.27 		Subd. 3.Second benefit account requirements. To establish a second benefit 
64.28 	account following the expiration of a benefit year on a prior benefit account, an 
64.29 	applicant must have sufficient wage credits to establish a benefit account undermeet the 
64.30 	requirements of subdivision 2 and must have performed services in covered employment 
64.31 	after the effective date of the prior benefit account. The wages paid for that employment
64.32 	those services must equal not less thanbe at least eight times the weekly unemployment 
64.33 	benefit amount of the prior benefit account. Part of the purpose ofreason for this 
64.34 	subdivision is to prevent an applicant from establishing more than one benefit account as a 
64.35 	result of one loss of employment.

65.1 	Sec. 22. Minnesota Statutes 2008, section 268.084, is amended to read:
65.2 	268.084 PERSONAL IDENTIFICATION NUMBER; PRESUMPTION.
65.3 	(a) Each applicant must be issued a personal identification number (PIN) for the 
65.4 	purpose of filing continued requests for unemployment benefits, accessing information, 
65.5 	and engaging in other transactions with the department.
65.6 	(b) If a PIN assigned to an applicant is used in the filing of a continued request for 
65.7 	unemployment benefits under section 268.086 268.0865 or any other type of transaction, 
65.8 	the applicant is presumed to have been the individual using that PIN and presumed to have 
65.9 	received any unemployment benefit payment issued. This presumption may be rebutted 
65.10 	by a preponderance of the evidence showing that the applicant assigned the PIN was not 
65.11 	the individual who used that PIN in the transaction. 
65.12 	(c) The commissioner shall must notify each applicant of this section.

65.13 	Sec. 23. Minnesota Statutes 2008, section 268.085, subdivision 1, is amended to read:
65.14 		Subdivision 1.Eligibility conditions. An applicant may be eligible to receive 
65.15 	unemployment benefits for any week if:
65.16 	(1) the applicant has an active benefit account and has filed a continued request for 
65.17 	unemployment benefits for that week under section 268.086 268.0865;
65.18 	(2) the week for which unemployment benefits are requested is in the applicant's 
65.19 	benefit year;
65.20 	(3) the applicant was unemployed as defined in section 268.035, subdivision 26;
65.21 	(4) the applicant was able to work and was available for suitable employment, and 
65.22 	was actively seeking suitable employment as defined in subdivision 15. The applicant's 
65.23 	weekly unemployment benefit amount is reduced one-fifth for each day the applicant 
65.24 	is unable to work or is unavailable for suitable employment. If the computation of the 
65.25 	reduced unemployment benefits is not a whole dollar, it is rounded down to the next lower 
65.26 	whole dollar. This clause does not apply to an applicant who is in reemployment assistance 
65.27 	training, or each day the applicant is on jury duty or serving as an election judge;
65.28 	(5) the applicant was actively seeking suitable employment as defined in subdivision 
65.29 	16. This clause does not apply to an applicant who is in reemployment assistance training 
65.30 	or who was on jury duty throughout the week;
65.31 	(6) the applicant has served a nonpayable waiting period of one week that the 
65.32 	applicant is otherwise entitled to some amount of unemployment benefits. This clause 
65.33 	does not apply if the applicant would have been entitled to federal disaster unemployment 
65.34 	assistance because of a disaster in Minnesota, but for the applicant's establishment of a 
65.35 	benefit account under section 268.07; and
66.1 	(6)(7) the applicant has been participating in reemployment assistance services, 
66.2 	such as job search and resume writing classes, if the applicant has been determined in 
66.3 	need of reemployment assistance services by the commissioner, unless the applicant 
66.4 	has good cause for failing to participate.

66.5 	Sec. 24. Minnesota Statutes 2008, section 268.085, subdivision 2, is amended to read:
66.6 		Subd. 2.Not eligible. An applicant is ineligible for unemployment benefits for 
66.7 	any week:
66.8 	(1) that occurs before the effective date of a benefit account;
66.9 	(2) that the applicant, at the beginning of the week, has an outstanding fraud 
66.10 	overpayment balance under section 268.18, subdivision 2, including any penalties and 
66.11 	interest;
66.12 	(3) that occurs in a period when the applicant is a student in attendance at, or on 
66.13 	vacation from a secondary school including the period between academic years or terms;
66.14 	(4) that the applicant is incarcerated or performing court orderedcourt-ordered 
66.15 	community service. The applicant's weekly unemployment benefit amount is reduced 
66.16 	by one-fifth for each day the applicant is incarcerated or performing court ordered
66.17 	court-ordered community service. If the computation of the reduced unemployment 
66.18 	benefits is not a whole dollar, it is rounded down to the next lower whole dollar;
66.19 	(5) that the applicant fails or refuses to provide information on an issue of 
66.20 	ineligibility required under section 268.101;
66.21 	(6) that the applicant is performing services 32 hours or more, in employment, 
66.22 	covered employment, noncovered employment, volunteer work, or self-employment 
66.23 	regardless of the amount of any earnings; or
66.24 	(7) with respect to which the applicant is receiving, has received, or has filed an 
66.25 	application for unemployment benefits under any federal law or the law of any other 
66.26 	state. If the appropriate agency finally determines that the applicant is not entitled to the 
66.27 	unemployment benefits, this clause does not apply.

66.28 	Sec. 25. Minnesota Statutes 2008, section 268.085, subdivision 3a, is amended to read:
66.29 		Subd. 3a.Workers' compensation and disability insurance offset. (a) An 
66.30 	applicant is not eligible to receive unemployment benefits for any week in which the 
66.31 	applicant is receiving or has received compensation for loss of wages equal to or in excess 
66.32 	of the applicant's weekly unemployment benefit amount under:
66.33 	(1) the workers' compensation law of this state;
66.34 	(2) the workers' compensation law of any other state or similar federal law; or
67.1 	(3) any insurance or trust fund paid in whole or in part by an employer.
67.2 	(b) This subdivision does not apply to an applicant who has a claim pending for 
67.3 	loss of wages under paragraph (a); however, before unemployment benefits may be paid 
67.4 	when a claim is pending, the issue of the applicant being able to work available for 
67.5 	suitable employment, as required under subdivision 1, clause (2) (4), is determined under 
67.6 	section 268.101, subdivision 3 2. If the applicant later receives compensation as a result 
67.7 	of the pending claim, the applicant is subject to the provisions of paragraph (a) and the 
67.8 	unemployment benefits paid are subject to recoupment by the commissioner to the extent 
67.9 	that the compensation constitutes overpaid unemployment benefits. 
67.10 	(c) If the amount of compensation described under paragraph (a) for any week is 
67.11 	less than the applicant's weekly unemployment benefit amount, unemployment benefits 
67.12 	requested for that week are reduced by the amount of that compensation payment.

67.13 	Sec. 26. Minnesota Statutes 2008, section 268.085, subdivision 4, is amended to read:
67.14 		Subd. 4.Social Security benefits. (a) Any applicant aged 62 or over is required 
67.15 	to state when filing an application for unemployment benefits and when filing continued 
67.16 	requests for unemployment benefits if the applicant is receiving, has filed for, or intends to 
67.17 	file for, primary Social Security old age benefits for any week during the benefit year.
67.18 	If the effective date of the applicant's Social Security claim for old age benefits is, 
67.19 	or will be, after the start of the base period, there must be deducted from an applicant's 
67.20 	weekly unemployment benefit amountUnless paragraph (b) applies, 50 percent of the 
67.21 	weekly equivalent of the primary Social Security old age benefit the applicant has 
67.22 	received, has filed for, or intends to file for, with respect to that week must be deducted 
67.23 	from an applicant's weekly unemployment benefit amount.
67.24 	(b) If the effective dateall of the applicant's wage credits were earned while the 
67.25 	applicant was claiming Social Security claim for old age benefits is before the start of the 
67.26 	base period, there is no deduction from the applicant's weekly unemployment benefit 
67.27 	amount. The purpose of this paragraph is to ensure that an applicant who is claiming 
67.28 	Social Security benefits has demonstrated a desire and ability to work.
67.29 	(b)(c) An applicant who is receiving, has received, or has filed for primary Social 
67.30 	Security disability benefits for any week during the benefit year must be determined 
67.31 	unable to work and unavailable for suitable employment for that week, unless:
67.32 	(1) the Social Security Administration approved the collecting of primary Social 
67.33 	Security disability benefits each month the applicant was employed during the base 
67.34 	period; or
68.1 	(2) the applicant provides a statement from an appropriate health care professional 
68.2 	who is aware of the applicant's Social Security disability claim and the basis for that claim, 
68.3 	certifying that the applicant is able to work and available for suitable employment.
68.4 	If an applicant meets the requirements of clause (1) there is no deduction from the 
68.5 	applicant's weekly benefit amount for any Social Security disability benefits. If only 
68.6 	clause (2) applies, then there must be deducted from the applicant's weekly unemployment 
68.7 	benefit amount 50 percent of the weekly equivalent of the primary Social Security 
68.8 	disability benefits the applicant is receiving, has received, or has filed for, with respect 
68.9 	to that week; provided, however, that if the Social Security Administration determines 
68.10 	that an individual is not entitled to receive primary Social Security disability benefits for 
68.11 	any week the applicant has applied for those benefits, the 50 percent deduction does not 
68.12 	apply to that week.
68.13 	(c)(d) Information from the Social Security Administration is considered conclusive, 
68.14 	absent specific evidence showing that the information was erroneous.
68.15 	(d) If the computation of the reduced unemployment benefits is not a whole dollar, it 
68.16 	is rounded down to the next lower whole dollar.
68.17 	(e) This subdivision does not apply to Social Security survivor benefits.

68.18 	Sec. 27. Minnesota Statutes 2008, section 268.085, subdivision 5, is amended to read:
68.19 		Subd. 5.Deductible earnings. (a) If the applicant has earnings, including holiday 
68.20 	pay, with respect to any week, from employment, covered employment, noncovered 
68.21 	employment, self-employment, or volunteer work, equal to or in excess of the applicant's 
68.22 	weekly unemployment benefit amount, the applicant is ineligible for unemployment 
68.23 	benefits for that week.
68.24 	(b) If the applicant has earnings, with respect to any week, that is less than 
68.25 	the applicant's weekly unemployment benefit amount, from employment, covered 
68.26 	employment, noncovered employment, self-employment, or volunteer work, 55 percent of 
68.27 	the earnings are deducted from the weekly unemployment benefit amount.
68.28 	The resulting unemployment benefit, if not a whole dollar, is rounded down to the 
68.29 	next lower whole dollar.
68.30 	(c) No deduction is made from an applicant's weekly unemployment benefit amount 
68.31 	for earnings from service in the National Guard or a United States military reserve unit or 
68.32 	from direct service as a volunteer firefighter or volunteer ambulance service personnel. 
68.33 	This exception to paragraphs (a) and (b) does not apply to on-call or standby pay provided 
68.34 	to a volunteer firefighter or volunteer ambulance service personnel. No deduction is made 
68.35 	for jury duty pay or for pay as an election judge.
69.1 	(d) The applicant may report deductible earnings on continued requests for 
69.2 	unemployment benefits at the next lower whole dollar amount.
69.3 	(e) Deductible earnings does not include any money considered a deductible 
69.4 	payment under subdivision 3, but includes all compensation considered wages under 
69.5 	section 268.035, subdivision 29, and any other compensation considered earned income 
69.6 	under state and federal law for income tax purposes.

69.7 	Sec. 28. [268.0865] CONTINUED REQUEST FOR UNEMPLOYMENT 
69.8 	BENEFITS.
69.9 		Subdivision 1.Continued request for unemployment benefits defined. A 
69.10 	continued request for unemployment benefits is a certification by an applicant, done 
69.11 	on a weekly basis, that the applicant is unemployed and meets the ongoing eligibility 
69.12 	requirements for unemployment benefits under section 268.085. A continued  request 
69.13 	must include information on possible issues of ineligibility in accordance with section 
69.14 	268.101, subdivision 1, paragraph (c).
69.15 		Subd. 2.Filing continued requests for unemployment benefits. (a) The 
69.16 	commissioner must designate to each applicant one of the following methods for filing a 
69.17 	continued request:
69.18 	(1) by electronic transmission under subdivision 3; or
69.19 	(2) by mail under subdivision 4.
69.20 	(b) The method designated by the commissioner is the only method allowed for 
69.21 	filing a continued request by that applicant. An applicant may ask that the other allowed 
69.22 	method be designated and the commissioner must consider inconvenience to the applicant 
69.23 	as well as administrative capacity in determining whether to allow an applicant to change 
69.24 	the designated method for filing a continued request for unemployment benefits.
69.25 		Subd. 3.Continued request for unemployment benefits by electronic 
69.26 	transmission. (a) A continued request for unemployment benefits by electronic 
69.27 	transmission must be filed to that electronic mail address, telephone number, or Internet 
69.28 	address prescribed by the commissioner for that applicant. In order to constitute a 
69.29 	continued request, all information asked for, including information authenticating that the 
69.30 	applicant is sending the transmission, must be provided in the format required. If all of the 
69.31 	information asked for is not provided, the communication does not constitute a continued 
69.32 	request for unemployment benefits.
69.33 	(b) The electronic transmission communication must be filed on the date and during 
69.34 	the time of day designated for the applicant for filing a continued request by electronic 
69.35 	transmission.
70.1 	(c) If the electronic transmission continued request is not filed on the date and 
70.2 	during the time of day designated, a continued request by electronic transmission must be 
70.3 	accepted if the applicant files the continued request by electronic transmission within two 
70.4 	calendar weeks following the week in which the date designated occurred. If the continued 
70.5 	request by electronic transmission is not filed within two calendar weeks following the 
70.6 	week in which the date designated occurred, the electronic continued request will not be 
70.7 	accepted and the applicant is ineligible for unemployment benefits for the period covered 
70.8 	by the continued request, unless the applicant shows good cause for failing to file the 
70.9 	continued request by electronic transmission within the time period required.
70.10 		Subd. 4.Continued request for unemployment benefits by mail. (a) A 
70.11 	continued request for unemployment benefits by mail must be on a form prescribed by 
70.12 	the commissioner. The form, in order to constitute a continued request, must be totally 
70.13 	completed and signed by the applicant. The form must be filed on the date required for 
70.14 	the applicant for filing a continued request by mail, in an envelope with postage prepaid, 
70.15 	and sent to the address designated.
70.16 	(b) If the mail continued request for unemployment benefits is not filed on the date 
70.17 	designated, a continued request must be accepted if the form is filed by mail within two 
70.18 	calendar weeks following the week in which the date designated occurred. If the form 
70.19 	is not filed within two calendar weeks following the week in which the date designated 
70.20 	occurred, the form will not be accepted and the applicant is ineligible for unemployment 
70.21 	benefits for the period covered by the continued request for unemployment benefits, 
70.22 	unless the applicant shows good cause for failing to file the form by mail within the time 
70.23 	period required.
70.24 	(c) If the applicant has been designated to file a continued request for unemployment 
70.25 	benefits by mail, an applicant may submit the form by facsimile transmission on the day 
70.26 	otherwise required for mailing, or within two calendar weeks following the week in which 
70.27 	the date designated occurred. A form submitted by facsimile transmission must be sent 
70.28 	only to the telephone number assigned for that purpose.
70.29 	(d) An applicant who has been designated to file a continued request by mail may 
70.30 	personally deliver a continued request form only to the location to which the form was 
70.31 	otherwise designated to be mailed.
70.32 		Subd. 5.Good cause defined. (a) "Good cause" for purposes of this section is a 
70.33 	compelling substantial reason that would have prevented a reasonable person acting with 
70.34 	due diligence from filing a continued request for unemployment benefits within the time 
70.35 	periods required.
71.1 	(b) Good cause does not include forgetfulness, loss of the continued request form if 
71.2 	filing by mail, having returned to work, having an appeal pending, or inability to file a 
71.3 	continued request for unemployment benefits by the method designated if the applicant 
71.4 	was aware of the inability and did not make diligent effort to have the method of filing 
71.5 	a continued request changed by the commissioner. Good cause does not include having 
71.6 	previously made an attempt to file a continued request for unemployment benefits but 
71.7 	where the communication was not considered a continued request because the applicant 
71.8 	failed to submit all required information.

71.9 	Sec. 29. Minnesota Statutes 2008, section 268.095, subdivision 4, is amended to read:
71.10 		Subd. 4.Discharge. An applicant who was discharged from employment by an 
71.11 	employer is ineligible for all unemployment benefits according to subdivision 10 only 
71.12 	if a preponderance of the evidence shows:
71.13 	(1) the applicant was discharged because of employment misconduct as defined 
71.14 	in subdivision 6; or
71.15 	(2) the applicant was discharged because of aggravated employment misconduct as 
71.16 	defined in subdivision 6a.

71.17 	Sec. 30. Minnesota Statutes 2008, section 268.095, subdivision 10, is amended to read:
71.18 		Subd. 10.Ineligibility duration. (a)  Ineligibility from the payment of all 
71.19 	unemployment benefits under subdivisions 1 and 4 is for the duration of the applicant's 
71.20 	unemployment and until the end of the calendar week that the applicant had total earnings 
71.21 	in subsequent covered employment of eight times the applicant's weekly unemployment 
71.22 	benefit amount.
71.23 	(b) Ineligibility imposed under subdivisions 1 and 4 begins on the Sunday of the 
71.24 	week that the applicant became separated from employment.
71.25 	(c) In addition to paragraph (a), if the applicant was discharged from employment 
71.26 	because of aggravated employment misconduct, wage credits from that employment are 
71.27 	canceled and cannot be used for purposes of a benefit account under section 268.07, 
71.28 	subdivision 2.

71.29 	Sec. 31. Minnesota Statutes 2008, section 268.095, subdivision 11, is amended to read:
71.30 		Subd. 11.Application. (a) This section and section 268.085, subdivision 13c, 
71.31 	and this section apply to all covered employment, full time or part time, temporary or of 
71.32 	limited duration, permanent or of indefinite duration, that occurred in Minnesota during 
72.1 	the base period, the period between the end of the base period and the effective date of the 
72.2 	benefit account, or the benefit year, except as provided for in subdivision 1, clause (5).
72.3 	(b) Paragraph (a) also applies to employment covered under an unemployment 
72.4 	insurance program of any other state or established by an act of Congress.

72.5 	Sec. 32. Minnesota Statutes 2008, section 268.101, subdivision 1, is amended to read:
72.6 		Subdivision 1.Notification. (a) In an application for unemployment benefits, each 
72.7 	applicant must report the name and the reason for no longer working for the applicant's 
72.8 	most recent employer, as well as the names of all employers and the reasons for no 
72.9 	longer working for all employers during the six calendar months before the date of the 
72.10 	application. If the reason reported for no longer working for any of those employers is 
72.11 	other than a layoff because of lack of work, that raises an issue of ineligibility that the 
72.12 	department must determine. An applicant must report any offers of employment refused 
72.13 	during the eight calendar weeks before the date of the application for unemployment 
72.14 	benefits and the name of the employer that made the offer. An applicant's failure to report 
72.15 	the name of an employer, or giving an incorrect reason for no longer working for an 
72.16 	employer, or failing to disclose an offer of employment that was refused, is a violation of 
72.17 	section 268.182, subdivision 2.
72.18 	In an application, the applicant must also provide all information necessary to 
72.19 	determine the applicant's eligibility for unemployment benefits under this chapter. If the 
72.20 	applicant fails or refuses to provide information necessary to determine the applicant's 
72.21 	eligibility for unemployment benefits, the applicant is ineligible for unemployment 
72.22 	benefits under section 268.085, subdivision 2, until the applicant provides this required 
72.23 	information.
72.24 	(b) Upon establishment of a benefit account under section 268.07, subdivision 2, 
72.25 	the commissioner shall notify, by mail or electronic transmission, all employers the 
72.26 	applicant was required to report on the application and all base period employers and 
72.27 	determined successors to those employers under section 268.051, subdivision 4, in order 
72.28 	to provide the employer an opportunity to raise, in a manner and format prescribed by the 
72.29 	commissioner, any issue of ineligibility. An employer must be informed of the effect that 
72.30 	failure to raise an issue of ineligibility as a result of a quit or discharge of the applicant, 
72.31 	within ten calendar days after sending of the notice, as provided for under subdivision 2, 
72.32 	paragraph (b), may have on the employer under section 268.047.
72.33 	(c) Each applicant must report any employment, and loss of employment, and offers 
72.34 	of employment refused, during those weeks the applicant filed continued  requests for 
72.35 	unemployment benefits under section 268.086 268.0865. Each applicant who stops filing 
73.1 	continued requests during the benefit year and later begins filing continued requests during 
73.2 	that same benefit year must report the name of any employer the applicant worked for 
73.3 	during the period between the filing of continued requests and the reason the applicant 
73.4 	stopped working for the employer. The applicant must report any offers of employment 
73.5 	refused during the period between the filing of continued requests for unemployment 
73.6 	benefits. Those employers from which the applicant has reported a loss of employment 
73.7 	under this paragraph must be notified by mail or electronic transmission and provided an 
73.8 	opportunity to raise, in a manner prescribed by the commissioner, any issue of ineligibility. 
73.9 	An employer must be informed of the effect that failure to raise an issue of ineligibility as 
73.10 	a result of a quit or a discharge of the applicant may have on the employer under section 
73.11 	268.047.
73.12 	(d) The purpose for requiring the applicant to report the name of employers and the 
73.13 	reason for no longer working for those employers, or offers of employment refused, under 
73.14 	paragraphs (a) and (c) is for the commissioner to obtain information from an applicant 
73.15 	raising all issues that may result in the applicant being ineligible for unemployment 
73.16 	benefits under section 268.095, because of a quit or discharge, or the applicant being 
73.17 	ineligible for unemployment benefits under section 268.085, subdivision 13c. If the 
73.18 	reason given by the applicant for no longer working for an employer is other than a layoff 
73.19 	because of lack of work, that raises an issue of ineligibility and the applicant is required, 
73.20 	as part of the determination process under subdivision 2, paragraph (a), to state all the 
73.21 	facts about the cause for no longer working for the employer, if known. If the applicant 
73.22 	fails or refuses to provide any required information, the applicant is ineligible for 
73.23 	unemployment benefits under section 268.085, subdivision 2, until the applicant provides 
73.24 	this required information.

73.25 	Sec. 33. Minnesota Statutes 2008, section 268.101, subdivision 2, is amended to read:
73.26 		Subd. 2. Determination. (a) The commissioner shallmust determine any issue 
73.27 	of ineligibility raised by information required from an applicant under subdivision 1, 
73.28 	paragraph (a) or (c), and send to the applicant and any involved employer, by mail or 
73.29 	electronic transmission, a document titled a determination of eligibility or a determination 
73.30 	of ineligibility, as is appropriate. The determination on an issue of ineligibility as a result 
73.31 	of a quit or a discharge of the applicant must state the effect on the employer under section 
73.32 	268.047. A determination must be made in accordance with this paragraph even if a 
73.33 	notified employer has not raised the issue of ineligibility. 
73.34 	(b) The commissioner shallmust determine any issue of ineligibility raised by an 
73.35 	employer and send to the applicant and that employer, by mail or electronic transmission, 
74.1 	a document titled a determination of eligibility or a determination of ineligibility as is 
74.2 	appropriate. The determination on an issue of ineligibility as a result of a quit or discharge 
74.3 	of the applicant must state the effect on the employer under section 268.047. 
74.4 	If a base period employer: 
74.5 	(1) was not the applicant's most recent employer before the application for 
74.6 	unemployment benefits; 
74.7 	(2) did not employ the applicant during the six calendar months before the 
74.8 	application for unemployment benefits; and 
74.9 	(3) did not raise an issue of ineligibility as a result of a quit or discharge of the 
74.10 	applicant within ten calendar days of notification under subdivision 1, paragraph (b); 
74.11 	then any exception under section 268.047, subdivisions 2 and 3, begins the Sunday two 
74.12 	weeks following the week that the issue of ineligibility as a result of a quit or discharge of 
74.13 	the applicant was raised by the employer. 
74.14 	A communication from an employer must specifically set out why the applicant 
74.15 	should be determined ineligible for unemployment benefits for that communication to be 
74.16 	considered to have raised an issue of ineligibility for purposes of this section. A statement 
74.17 	of "protest" or a similar term without more information does not constitute raising an issue 
74.18 	of ineligibility for purposes of this section. 
74.19 	(c) An issue of ineligibility is determined based upon that information required of 
74.20 	an applicant, any information that may be obtained from an applicant or employer, and 
74.21 	information from any other source, without regard to any burden of proof. 
74.22 	(d) Regardless of the requirements of this subdivision, the commissioner is not 
74.23 	required to send to an applicant a copy of the determination where the applicant has 
74.24 	satisfied a period of ineligibility because of a quit or a discharge under section 268.095, 
74.25 	subdivision 10. 
74.26 	(e) The commissioner may issue a determination on an issue of ineligibility at any 
74.27 	time within 24 months from the establishment of a benefit account based upon information 
74.28 	from any source, even if the issue of ineligibility was not raised by the applicant or an 
74.29 	employer. This paragraph does not prevent the imposition of a penalty on an applicant 
74.30 	under section 268.18, subdivision 2, or 268.182. 
74.31 	(f) A determination of eligibility or determination of ineligibility is final unless an 
74.32 	appeal is filed by the applicant or notified employer within 20 calendar days after sending. 
74.33 	The determination must contain a prominent statement indicating the consequences of not 
74.34 	appealing. Proceedings on the appeal are conducted in accordance with section 268.105. 
74.35 	(g) An issue of ineligibility required to be determined under this section includes 
74.36 	any question regarding the denial or allowing of unemployment benefits under this chapter 
75.1 	except for issues under section 268.07. An issue of ineligibility for purposes of this section 
75.2 	includes any question of effect on an employer under section 268.047. 
75.3 	(h) Except for issues of ineligibility as a result of a quit or discharge of the applicant, 
75.4 	the employer will be (1) sent a copy of the determination of eligibility or a determination 
75.5 	of ineligibility, or (2) considered an involved employer for purposes of an appeal under 
75.6 	section 268.105, only if the employer raised the issue of ineligibility. 

75.7 	Sec. 34. Minnesota Statutes 2008, section 268.103, subdivision 1, is amended to read:
75.8 		Subdivision 1.In commissioner's discretion. (a) The commissioner shall have 
75.9 	the discretion tomay allow an appeal to be filed by electronic transmission. If the 
75.10 	commissioner allows an appeal to be filed by electronic transmission, that must be clearly 
75.11 	set out on the determination or decision subject to appeal.
75.12 	(b) The commissioner may restrict the manner,and format, and conditions under 
75.13 	which an appeal by electronic transmission may be filed. Any Restrictions as to days, 
75.14 	hours, a specific telephone number, or electronic address, or other conditions, must be 
75.15 	clearly set out on the determination or decision subject to appeal.
75.16 	(c) All information requested by the commissioner when an appeal is filed by 
75.17 	electronic transmission must be supplied or the communication does not constitute an 
75.18 	appeal.
75.19 	(d) This section applies to requests for reconsideration under section 268.105, 
75.20 	subdivision 2.

75.21 	Sec. 35. Minnesota Statutes 2008, section 268.105, subdivision 1, is amended to read:
75.22 		Subdivision 1.Evidentiary hearing by unemployment law judge. (a) Upon 
75.23 	a timely appeal having been filed, the department must send, by mail or electronic 
75.24 	transmission, a notice of appeal to all involved parties that an appeal has been filed, and
75.25 	that a de novo due process evidentiary hearing will be scheduled, and that the parties 
75.26 	have certain. The notice must set out the parties'  rights and responsibilities regarding the 
75.27 	hearing. The notice must explain that the matter will be decided by the unemployment 
75.28 	law judge based upon a preponderance of the evidence. The notice must explain in clear 
75.29 	and simple language the meaning of the term "preponderance of the evidence." The 
75.30 	department must set a time and place for a de novo due process evidentiary hearing and 
75.31 	send notice to any involved applicant and any involved employer, by mail or electronic 
75.32 	transmission, not less than ten calendar days before the date of the hearing.
75.33 	(b) The evidentiary hearing is conducted by an unemployment law judge without
75.34 	regard to any burden of proof as an evidence gathering inquiry and not an adversarial
76.1 	proceeding. At the beginning of the hearing the unemployment law judge must fully 
76.2 	explain how the hearing will be conducted, that the matter will be decided upon a 
76.3 	preponderance of the evidence, and, in clear and simple language, the meaning of the 
76.4 	term "preponderance of the evidence." The unemployment law judge must ensure that 
76.5 	all relevant facts are clearly and fully developed. The department may adopt rules on 
76.6 	evidentiary hearings. The rules need not conform to common law or statutory rules of 
76.7 	evidence and other technical rules of procedure. The department has discretion regarding 
76.8 	the method by which the evidentiary hearing is conducted. A report of any employee of 
76.9 	the department, except a determination, made in the regular course of the employee's 
76.10 	duties, is competent evidence of the facts contained in it.
76.11 	(c) After the conclusion of the hearing, upon the evidence obtained, the 
76.12 	unemployment law judge must make findings of fact and decision and send those, by mail 
76.13 	or electronic transmission, to all involved parties. When the credibility of an involved 
76.14 	party or witness testifying in an evidentiary hearing has a significant effect on the outcome 
76.15 	of a decision, the unemployment law judge must set out the reason for crediting or 
76.16 	discrediting that testimony. The unemployment law judge's decision is final unless a 
76.17 	request for reconsideration is filed under subdivision 2.
76.18 	(d) Regardless of paragraph (c), if the appealing party fails to participate in the 
76.19 	evidentiary hearing, the unemployment law judge has the discretion to dismiss the appeal 
76.20 	by summary order. By failing to participate, the appealing party is considered to have 
76.21 	failed to exhaust available administrative remedies unless the appealing party files a 
76.22 	request for reconsideration under subdivision 2 and establishes good cause for failing to 
76.23 	participate in the evidentiary hearing under subdivision 2, paragraph (d). Submission 
76.24 	of a written statement does not constitute participation. The applicant must participate 
76.25 	personally and appearance solely by a representative does not constitute participation.
76.26 	(e) Only employees of the department who are attorneys licensed to practice law 
76.27 	in Minnesota may serve as the chief unemployment law judge, senior unemployment 
76.28 	law judges who are supervisors, or unemployment law judges. The commissioner 
76.29 	must designate a chief unemployment law judge. The chief unemployment law judge 
76.30 	may transfer to another unemployment law judge any proceedings pending before an 
76.31 	unemployment law judge.

76.32 	Sec. 36. Minnesota Statutes 2008, section 268.105, subdivision 2, is amended to read:
76.33 		Subd. 2.Request for reconsideration. (a) Any involved applicant, involved 
76.34 	employer, or the commissioner may, within 20 calendar days of the sending of the 
76.35 	unemployment law judge's decision under subdivision 1, file a request for reconsideration 
77.1 	asking the unemployment law judge to reconsider that decision. Section 268.103 applies 
77.2 	to a request for reconsideration. If a request for reconsideration is timely filed, the 
77.3 	unemployment law judge must issue an order:
77.4 	(1) modifying the findings of fact and decision issued under subdivision 1;
77.5 	(2) setting aside the findings of fact and decision issued under subdivision 1 and 
77.6 	directing that an additional evidentiary hearing be conducted under subdivision 1; or
77.7 	(3) affirming the findings of fact and decision issued under subdivision 1.
77.8 	(b) Upon a timely request for reconsideration having been filed, the department must 
77.9 	send a notice, by mail or electronic transmission, to all involved parties that a request for 
77.10 	reconsideration has been filed. The notice must inform the involved parties:
77.11 	(1) of the opportunity to provide comment on the request for reconsideration, and 
77.12 	the right under subdivision 5 to obtain a copy of any recorded testimony and exhibits 
77.13 	offered or received into evidence at the evidentiary hearing;
77.14 	(2) that providing specific comments as to a perceived factual or legal error in the 
77.15 	decision, or a perceived error in procedure during the evidentiary hearing, will assist the 
77.16 	unemployment law judge in deciding the request for reconsideration;
77.17 	(3) of the right to obtain any comments and submissions provided by the other 
77.18 	involved party regarding the request for reconsideration; and
77.19 	(4) of the provisions of paragraph (c) regarding additional evidence.
77.20 	This paragraph does not apply if paragraph (d) is applicable.
77.21 	(c) In deciding a request for reconsideration, the unemployment law judge must not, 
77.22 	except for purposes of determining whether to order an additional evidentiary hearing, 
77.23 	consider any evidence that was not submitted at the evidentiary hearing conducted under 
77.24 	subdivision 1.
77.25 	The unemployment law judge must order an additional evidentiary hearing if an 
77.26 	involved party shows that evidence which was not submitted at the evidentiary hearing: 
77.27 	(1) would likely change the outcome of the decision and there was good cause for not 
77.28 	having previously submitted that evidence; or (2) would show that the evidence that was 
77.29 	submitted at the evidentiary hearing was likely false and that the likely false evidence had 
77.30 	an effect on the outcome of the decision.
77.31 	(d) If the involved applicant or involved employer who filed the request for 
77.32 	reconsideration failed to participate in the evidentiary hearing conducted under subdivision 
77.33 	1, an order setting aside the findings of fact and decision and directing that an additional 
77.34 	evidentiary hearing be conducted must be issued if the party who failed to participate had 
77.35 	good cause for failing to do so. In the notice that a request for reconsideration has been 
77.36 	filed, the party who failed to participate must be informed of the requirement, and provided 
78.1 	the opportunity, to show good cause for failing to participate. If the unemployment 
78.2 	law judge determines that good cause for failure to participate has not been shown, the 
78.3 	unemployment law judge must state that in the order issued under paragraph (a).
78.4 	Submission of a written statement at the evidentiary hearing under subdivision 1 
78.5 	does not constitute participation for purposes of this paragraph.
78.6 	All involved parties must be informed of this paragraph with the notice of appeal 
78.7 	and notice of hearing provided for in subdivision 1.
78.8 	"Good cause" for purposes of this paragraph is a reason that would have prevented a 
78.9 	reasonable person acting with due diligence from participating at the evidentiary hearing.
78.10 	(e) A request for reconsideration must be decided by the unemployment law judge 
78.11 	who issued the findings of fact and decision under subdivision 1 unless that unemployment 
78.12 	law judge: (1) is no longer employed by the department; (2) is on an extended or indefinite 
78.13 	leave; (3) has been disqualified from the proceedings on the judge's own motion; or (4) 
78.14 	has been removed from the proceedings as provided for under subdivision 1 or applicable 
78.15 	rule by the chief unemployment law judge.
78.16 	(f) The unemployment law judge must send to any involved applicant or involved 
78.17 	employer, by mail or electronic transmission, the order issued under this subdivision. An 
78.18 	order modifying the previously issued findings of fact and decision or an order affirming 
78.19 	the previously issued findings of fact and decision is the final department decision on the 
78.20 	matter and is final and binding on the involved applicant and involved employer unless 
78.21 	judicial review is sought under subdivision 7.

78.22 	Sec. 37. Minnesota Statutes 2008, section 268.105, subdivision 3a, is amended to read:
78.23 		Subd. 3a.Decisions. (a) If an unemployment law judge's decision or order 
78.24 	allows unemployment benefits to an applicant, the unemployment benefits must be paid 
78.25 	regardless of any request for reconsideration or any appeal to the Minnesota Court of 
78.26 	Appeals having been filed.
78.27 	(b) If an unemployment law judge's decision or order modifies or reverses a 
78.28 	determination, or prior decision of the unemployment law judge, allowing unemployment 
78.29 	benefits to an applicant, any benefits paid in accordance with the determination, or 
78.30 	prior decision of the unemployment law judge, is considered an overpayment of those 
78.31 	unemployment benefits. A decision or order issued under this section that results in an 
78.32 	overpayment of unemployment benefits must set out the amount of the overpayment and 
78.33 	the requirement under section 268.18, subdivision 1, that the overpaid unemployment 
78.34 	benefits must be repaid.
79.1 	(c) If an unemployment law judge's order under subdivision 2 allows unemployment 
79.2 	benefits to an applicant under section 268.095 because of a quit or discharge and the 
79.3 	unemployment law judge's decision is reversed by the Minnesota Court of Appeals or 
79.4 	the Supreme Court of Minnesota, the applicant cannot be held ineligible for any of 
79.5 	the unemployment benefits paid the applicant and it is not considered an overpayment 
79.6 	of those unemployment benefits under section 268.18, subdivision 1. The effect of the 
79.7 	court's reversal is the application of section 268.047, subdivision 3, in computing the 
79.8 	future tax rate of the employer.
79.9 	(d) If an unemployment law judge, under subdivision 2, orders the taking of 
79.10 	additional evidence, the unemployment law judge's prior decision must continue to be 
79.11 	enforced until new findings of fact and decision are made by the unemployment law judge.

79.12 	Sec. 38. Minnesota Statutes 2008, section 268.105, subdivision 4, is amended to read:
79.13 		Subd. 4.Oaths; subpoenas. An unemployment law judge  has authority to 
79.14 	administer oaths and affirmations, take depositions, and issue subpoenas to compel the 
79.15 	attendance of witnesses and the production of documents and other personal property 
79.16 	considered necessary as evidence in connection with the subject matter of an evidentiary 
79.17 	hearing.
79.18 	The unemployment law judge must give full consideration to a request for a 
79.19 	subpoena and must not unreasonably deny a request for a subpoena. If a subpoena request 
79.20 	is initially denied, the unemployment law judge must, on the unemployment law judge's 
79.21 	own motion, reconsider that request during the evidentiary hearing and rule on whether 
79.22 	the request was properly denied. If the request was not properly denied, the evidentiary 
79.23 	hearing must be continued for issuance of the subpoena. The subpoenas are enforceable 
79.24 	through the district court in Ramsey County. Witnesses subpoenaed, other than an involved 
79.25 	applicant or involved employer or officers and employees of an involved employer, must 
79.26 	be paid by the department the same witness fees as in a civil action in district court.

79.27 	Sec. 39. Minnesota Statutes 2008, section 268.115, subdivision 5, is amended to read:
79.28 		Subd. 5.Maximum amount of extended unemployment benefits. The maximum 
79.29 	amount of extended unemployment benefits available to an applicant is 50 percent of the 
79.30 	maximum amount of regular unemployment benefits available in the benefit year, rounded 
79.31 	down to the next lower whole dollar. If the total rate of unemployment computed under 
79.32 	subdivision 1, clause (2)(ii), equaled or exceeded eight percent, the maximum amount 
79.33 	of extended unemployment benefits available is 80 percent of the maximum amount of 
79.34 	regular unemployment benefits available in the benefit year.

80.1 	Sec. 40. Minnesota Statutes 2008, section 268.125, subdivision 5, is amended to read:
80.2 		Subd. 5.Maximum amount of unemployment benefits. The maximum amount 
80.3 	of additional unemployment benefits available in the applicant's benefit year is one-half 
80.4 	of the applicant's maximum amount of regular unemployment benefits available under 
80.5 	section 268.07, subdivision 2, rounded down to the next lower whole dollar. Extended 
80.6 	unemployment benefits paid and unemployment benefits paid under any federal law other 
80.7 	than regular unemployment benefits must be deducted from the maximum amount of 
80.8 	additional unemployment benefits available. 

80.9 	Sec. 41. Minnesota Statutes 2008, section 268.135, subdivision 4, is amended to read:
80.10 		Subd. 4.Weekly benefit amount. (a) An applicant who is eligible for shared work 
80.11 	benefits  is paid an amount equal to the regular weekly unemployment benefit amount 
80.12 	multiplied by the nearest full percentage of reduction of the applicant's regular weekly 
80.13 	hours of work as set in the plan. The benefit payment, if not a whole dollar  must be 
80.14 	rounded down to the next lower whole dollar.
80.15 	(b) The deductible earnings provisions of section 268.085, subdivision 5,  must not 
80.16 	apply to earnings from the shared work employer of an applicant eligible for shared work 
80.17 	benefits unless the resulting amount would be less than the regular weekly unemployment 
80.18 	benefit amount the applicant would otherwise be eligible for without regard to shared 
80.19 	work benefits. 
80.20 	(c) An applicant  is not eligible for shared work benefits for any week that 
80.21 	employment is performed for the shared work employer in excess of the reduced hours 
80.22 	set forth in the plan.

80.23 	Sec. 42. Minnesota Statutes 2008, section 268.145, subdivision 1, is amended to read:
80.24 		Subdivision 1.Notification. (a) Upon filing an application for unemployment 
80.25 	benefits, the applicant  must be informed that:
80.26 	(1) unemployment benefits are subject to federal and state income tax;
80.27 	(2) there are requirements for filing estimated tax payments;
80.28 	(3) the applicant may elect to have federal income tax withheld from unemployment 
80.29 	benefits;
80.30 	(4) if the applicant elects to have federal income tax withheld, the applicant may, in 
80.31 	addition, elect to have Minnesota state income tax withheld; and
80.32 	(5) at any time during the benefit year the applicant may change a prior election.
80.33 	(b) If an applicant elects to have federal income tax withheld, the commissioner 
80.34 	shallmust deduct ten percent for federal income tax, rounded down to the next lower 
81.1 	whole dollar. If an applicant also elects to have Minnesota state income tax withheld, the 
81.2 	commissioner shallmust make an additional five percent deduction for state income 
81.3 	tax, rounded down to the next lower whole dollar. Any amounts deducted or offset  under 
81.4 	sections 268.155, 268.18, and 268.184 have priority over any amounts deducted under this 
81.5 	section. Federal income tax withholding has priority over state income tax withholding.
81.6 	(c) An election to have income tax withheld  may not be retroactive and  only  applies 
81.7 	to unemployment benefits paid after the election.

81.8 	Sec. 43. Minnesota Statutes 2008, section 268.18, subdivision 1, is amended to read:
81.9 		Subdivision 1.Nonfraud overpayment. (a) Any applicant who (1) because of a 
81.10 	determination or amended determination issued under section 268.07 or 268.101, or any 
81.11 	other section of this chapter, or (2) because of an appeal decision or order under section 
81.12 	268.105, has received any unemployment benefits that the applicant was held not entitled 
81.13 	to, must promptly repay the unemployment benefits to the trust fund. 
81.14 	(b) If the applicant fails to repay the unemployment benefits overpaid, the 
81.15 	commissioner may offset from any future unemployment benefits otherwise payable the 
81.16 	amount of the overpayment. Except when the overpayment resulted because the applicant 
81.17 	failed to report deductible earnings or deductible or benefit delaying payments, no single 
81.18 	offset may exceed 50 percent of the amount of the payment from which the offset is made. 
81.19 	The overpayment may also be collected by the same methods as delinquent payments
81.20 	allowed under state and federal lawfrom an employer. 
81.21 	(c) If an applicant has been overpaid unemployment benefits under the law of 
81.22 	another state, because of a reason other than fraud, and that state certifies that the applicant 
81.23 	is liable under its law to repay the unemployment benefits and requests the commissioner 
81.24 	to recover the overpayment, the commissioner may offset from future unemployment 
81.25 	benefits otherwise payable the amount of overpayment, except that no single offset may 
81.26 	exceed 50 percent of the amount of the payment from which the offset is made.
81.27 	(d) If under paragraph (b) or (c) the reduced unemployment benefits as a result of 
81.28 	a 50 percent offset is not a whole dollar amount, it is rounded down to the next lower 
81.29 	whole dollar.

81.30 	Sec. 44. Minnesota Statutes 2008, section 268.18, subdivision 2, is amended to read:
81.31 		Subd. 2.Overpayment because of fraud. (a) Any applicant who receives 
81.32 	unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose 
81.33 	any material fact, or who makes a false statement or representation without a good faith 
81.34 	belief as to the correctness of the statement or representation, has committed fraud. After 
82.1 	the discovery of facts indicating fraud, the commissioner shallmust make a determination 
82.2 	that the applicant obtained unemployment benefits by fraud and that the applicant must 
82.3 	promptly repay the unemployment benefits to the trust fund. In addition, the commissioner 
82.4 	shallmust assess a penalty equal to 40 percent of the amount fraudulently obtained. This 
82.5 	penalty is in addition to penalties under section 268.182.
82.6 	(b) Unless the applicant files an appeal within 20 calendar days after the sending 
82.7 	of the determination of overpayment by fraud to the applicant by mail or electronic 
82.8 	transmission, the determination is final. Proceedings on the appeal are conducted in 
82.9 	accordance with section 268.105.
82.10 	(c) If the applicant fails to repay the unemployment benefits, penalty, and interest 
82.11 	assessed, the total due may be collected by the same methods as delinquent payments 
82.12 	from an employer allowed under state and federal law. A determination of overpayment 
82.13 	by fraud must state the methods of collection the commissioner may use to recover the 
82.14 	overpayment. Money received in repayment of fraudulently obtained unemployment 
82.15 	benefits, penalties, and interest is first applied to the unemployment benefits overpaid, then 
82.16 	to the penalty amount due, then to any interest due. 62.5 percent of the payments made 
82.17 	toward the penalty are credited to the contingent account and 37.5 percent credited to the 
82.18 	administration account for deterring, detecting, or collecting overpayments.
82.19 	(d) If an applicant has been overpaid unemployment benefits under the law of 
82.20 	another state because of fraud and that state certifies that the applicant is liable to repay 
82.21 	the unemployment benefits and requests the commissioner to recover the overpayment, 
82.22 	the commissioner may offset from future unemployment benefits otherwise payable the 
82.23 	amount of overpayment.
82.24 	(e) Unemployment benefits paid for weeks more than four years before the date of a 
82.25 	determination of overpayment by fraud issued under this subdivision are not considered 
82.26 	overpaid unemployment benefits.

82.27 	Sec. 45. Minnesota Statutes 2008, section 268.196, subdivision 1, is amended to read:
82.28 		Subdivision 1.Administration account. (a) There is created in the state treasury a 
82.29 	special account to be known as the administration account. All money that is deposited 
82.30 	or paid into this account is continuously available to the commissioner for expenditure to 
82.31 	administer the Minnesota unemployment insurance program, and does not lapse at any 
82.32 	time. The administration account consists of:
82.33 	(1) all money received from the federal government to administer the Minnesota 
82.34 	unemployment insurance program, any federal unemployment insurance program, or 
83.1 	assistance provided to any other state to administer that state's unemployment insurance 
83.2 	program;
83.3 	(2) five percent of any money recovered on overpaid unemployment benefits as 
83.4 	provided for in section 268.194, subdivision 1, clause (7), which must be used for 
83.5 	deterring, detecting, and collecting overpaid unemployment benefits;
83.6 	(3) any money received as compensation for services or facilities supplied to the 
83.7 	federal government or any other state;
83.8 	(4) any money credited to this account under this chapter;
83.9 	(5) any amounts received for losses sustained by this account or by reason of 
83.10 	damage to equipment or supplies; and
83.11 	(5)(6) any proceeds from the sale or disposition of any equipment or supplies that 
83.12 	may no longer be necessary for the proper administration of those sections.
83.13 	(b) All money in this account must be deposited, administered, and disbursed in the 
83.14 	same manner and under the same conditions and requirements as are provided by law for 
83.15 	the other special accounts in the state treasury. The commissioner of finance, as treasurer 
83.16 	and custodian of this account, is liable for the faithful performance of duties in connection 
83.17 	with this account.
83.18 	(c) All money in this account must be spent for the purposes and in the amounts 
83.19 	found necessary by the United States Secretary of Labor for the proper and efficient 
83.20 	administration of the Minnesota unemployment insurance program.

83.21 	Sec. 46. Minnesota Statutes 2008, section 268.196, subdivision 2, is amended to read:
83.22 		Subd. 2.State to replace money wrongfully used. If any money received under 
83.23 	United States Code, title 42, section 501 of the Social Security Act or the Wagner-Peyser 
83.24 	Act, is found by the United States Secretary of Labor to have been spent for purposes 
83.25 	other than, or in amounts in excess of, those necessary for the proper administration of the 
83.26 	Minnesota unemployment insurance program, the commissioner may replace the money 
83.27 	from the contingent account. If the money is not replaced from the contingent account, 
83.28 	it is the policy of this state that the money be replaced by money appropriated for that 
83.29 	purpose from the general funds of this state. If not replaced from the contingent account,
83.30 	the commissioner shall must, at the earliest opportunity, submit to the legislature a request 
83.31 	for the appropriation of that amount.

83.32 	Sec. 47. Minnesota Statutes 2008, section 268.199, is amended to read:
83.33 	268.199 CONTINGENT ACCOUNT.
84.1 	(a) There is created in the state treasury a special account, to be known as the 
84.2 	contingent account, that does not lapse nor revert to any other fund or account. This 
84.3 	account consists of all money appropriated by the legislature, all money collected under 
84.4 	this chapter that is required to be placed in this account, and any interest earned on the 
84.5 	account. All money in this account is supplemental to all federal money available to the 
84.6 	commissioner. Money in this account is appropriated to the commissioner and is available 
84.7 	to the commissioner for administration of the Minnesota unemployment insurance 
84.8 	program unless otherwise appropriated by session law.
84.9 	(b) All money in this account must be deposited, administered, and disbursed in the 
84.10 	same manner and under the same conditions and requirements as is provided by law for 
84.11 	the other special accounts in the state treasury. On June 30 of each year, all amounts in 
84.12 	excess of $300,000 in this account must be paid over to the  trust fund.

84.13 	Sec. 48. Minnesota Statutes 2008, section 268.211, is amended to read:
84.14 	268.211 UNEMPLOYMENT INSURANCE BENEFITS TELEPHONE 
84.15 	SYSTEM.
84.16 	The commissioner must ensure that theany automated telephone system used 
84.17 	for unemployment insurance benefits provides an option for any caller to speak to an 
84.18 	unemployment insurance specialist. An individual who calls any of the publicized 
84.19 	telephone numbers seeking information about applying for unemployment benefits or on 
84.20 	the status of a claimbenefit account must have the option to speak on the telephone to a 
84.21 	specialist who can provide direct assistance or can direct the caller to the personindividual 
84.22 	or office that is able to respond to the caller's needs.

84.23 	Sec. 49. REVISOR'S INSTRUCTION.
 84.24 	In Minnesota Statutes, chapter 268, the revisor shall change "shall" to "must," except 
84.25 	in Minnesota Statutes, sections 268.035 and 268.103.

84.26 	Sec. 50.  REPEALER.
 84.27 	 Minnesota Statutes 2008, sections 268.085, subdivision 14; and 268.086, are 
84.28 	repealed.

84.29 	Sec. 51. EFFECTIVE DATE.
 84.30 	Sections 1 to 50 are effective August 2, 2009, and apply to all department 
84.31 	determinations and unemployment law judge decisions issued on or after that date.

85.1 	ARTICLE 6
85.2 	IRON RANGE RESOURCES

85.3 	Section 1. Minnesota Statutes 2008, section 116J.424, is amended to read:
85.4 	116J.424 IRON RANGE RESOURCES AND REHABILITATION BOARD 
85.5 	CONTRIBUTION.
85.6 	The commissioner of the Iron Range Resources and Rehabilitation Board with 
85.7 	approval of the board by at least seven Iron Range Resources and Rehabilitation Board 
85.8 	members, shall provide an equal match for any loan or equity investment made for a 
85.9 	facility located in the tax relief area defined in section 273.134, paragraph (b), by the 
85.10 	Minnesota minerals 21st century fund created by section 116J.423. The match may be 
85.11 	in the form of a loan or equity investment, notwithstanding whether the fund makes a 
85.12 	loan or equity investment. The state shall not acquire an equity interest because of an 
85.13 	equity investment or loan by the board and the board at its sole discretion shall decide 
85.14 	what interest it acquires in a project. The commissioner of employment and economic 
85.15 	development may require a commitment from the board to make the match prior to 
85.16 	disbursing money from the fund. 

85.17 	Sec. 2. [298.217] IRON RANGE RESOURCES AND REHABILITATION; 
85.18 	EARLY SEPARATION INCENTIVE PROGRAM AUTHORIZATION.
85.19 	(a) Notwithstanding any law to the contrary, the commissioner of Iron Range 
85.20 	resources and rehabilitation, in consultation with the commissioner of finance, may offer a 
85.21 	targeted early separation incentive program for employees of the commissioner who have 
85.22 	attained the age of 60 years or who have received credit for at least 30 years of allowable 
85.23 	service under the provisions of chapter 352.
85.24 	(b) The early separation incentive program may include one or more of the following:
85.25 	(1) employer-paid postseparation health, medical, and dental insurance until age 
85.26 	65; and
85.27 	(2) cash incentives that may, but are not required to be, used to purchase additional 
85.28 	years of service credit through the Minnesota State Retirement System, to the extent that 
85.29 	the purchases are otherwise authorized by law.
85.30 	(c) The commissioner of iron range resources and rehabilitation shall establish 
85.31 	eligibility requirements for employees to receive an incentive.
85.32 	(d) The commissioner of iron range resources and rehabilitation, consistent with the 
85.33 	established program provisions under paragraph (b), and with the eligibility requirements 
86.1 	under paragraph (c), may designate specific programs or employees as eligible to be 
86.2 	offered the incentive program.
86.3 	(e) Acceptance of the offered incentive must be voluntary on the part of the 
86.4 	employee and must be in writing. The incentive may only be offered at the sole discretion 
86.5 	of the commissioner of iron range resources and rehabilitation.
86.6 	(f) The cost of the incentive is payable solely by funds made available to the 
86.7 	commissioner of iron range resources and rehabilitation by law, but only on prior approval 
86.8 	of the expenditures by a majority of the Iron Range Resources and Rehabilitation Board.
86.9 	(g) This section and section 298.218 are repealed June 30, 2011.

86.10 	Sec. 3. [298.218] APPLICATION OF OTHER LAWS.
86.11 	Unilateral implementation of section 298.217 by the commissioner of iron range 
86.12 	resources and rehabilitation is not an unfair labor practice under chapter 179A.

86.13 	Sec. 4. Minnesota Statutes 2008, section 298.22, subdivision 2, is amended to read:
86.14 		Subd. 2.Iron Range Resources and Rehabilitation Board. There is hereby 
86.15 	created the Iron Range Resources and Rehabilitation Board, consisting of 13 members, 
86.16 	five of whom are state senators appointed by the Subcommittee on Committees of the 
86.17 	Rules Committee of the senate, and five of whom are representatives, appointed by the 
86.18 	speaker of the house. The remaining members shall be appointed one each by the senate 
86.19 	majority leader, the speaker of the house, and the governor and must be nonlegislators 
86.20 	who reside in a taconite assistance area as defined in section 273.1341. The members shall 
86.21 	be appointed in January of every odd-numbered year, except that the initial nonlegislator 
86.22 	members shall be appointed by July 1, 1999, and shall serve until January of the next 
86.23 	odd-numbered year. Vacancies on the board shall be filled in the same manner as the 
86.24 	original members were chosen. At least a majority of the legislative members of the board 
86.25 	shall be elected from state senatorial or legislative districts in which over 50 percent 
86.26 	of the residents reside within a taconite assistance area as defined in section 273.1341. 
86.27 	All expenditures and projects made by the commissioner of Iron Range resources and 
86.28 	rehabilitation shall be consistent with the priorities established in subdivision 8 and shall 
86.29 	first be submitted to the Iron Range Resources and Rehabilitation Board for approval of 
86.30 	expenditures and projects for rehabilitation purposes as provided by this section, and 
86.31 	the method, manner, and time of payment of all funds proposed to be disbursed, by a 
86.32 	majority of the board of expenditures and projects for rehabilitation purposes as provided 
86.33 	by this section, and the method, manner, and time of payment of all funds proposed to be 
86.34 	disbursed shall be first approved or disapproved by the board at least seven Iron Range 
87.1 	Resources and Rehabilitation Board members. The board shall biennially make its report 
87.2 	to the governor and the legislature on or before November 15 of each even-numbered 
87.3 	year. The expenses of the board shall be paid by the state from the funds raised pursuant to 
87.4 	this section. Members of the board who are legislators may be reimbursed for expenses 
87.5 	in the manner provided in sections 3.099, subdivision 1, and 3.101, and may receive per 
87.6 	diem payments during the interims between legislative sessions in the manner provided 
87.7 	in section 3.099, subdivision 1. Members of the board who are not legislators may 
87.8 	receive per diem payments and be reimbursed for expenses at the lowest rate provided 
87.9 	for legislative members.

87.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

87.11 	Sec. 5. Minnesota Statutes 2008, section 298.22, subdivision 5a, is amended to read:
87.12 		Subd. 5a. Forest trust. The commissioner, upon the affirmative vote of a majority 
87.13 	of the members of the board, of at least seven Iron Range Resources and Rehabilitation 
87.14 	Board members, may purchase forest lands in the taconite assistance area defined in under 
87.15 	section 273.1341 with funds specifically authorized for the purchase. The acquired forest 
87.16 	lands must be held in trust for the benefit of the citizens of the taconite assistance area 
87.17 	as the Iron Range Miners' Memorial Forest. The forest trust lands shall be managed and 
87.18 	developed for recreation and economic development purposes. The commissioner, upon 
87.19 	the affirmative vote of a majority of the members of the board, of at least seven Iron Range 
87.20 	Resources and Rehabilitation Board members, may sell forest lands purchased under this 
87.21 	subdivision if the board finds that the sale advances the purposes of the trust. Proceeds 
87.22 	derived from the management or sale of the lands and from the sale of timber or removal 
87.23 	of gravel or other minerals from these forest lands shall be deposited into an Iron Range 
87.24 	Miners' Memorial Forest account that is established within the state financial accounts. 
87.25 	Funds may be expended from the account upon approval of a majority of the members 
87.26 	of the board by at least seven Iron Range Resources and Rehabilitation Board members,
87.27 	to purchase, manage, administer, convey interests in, and improve the forest lands. By 
87.28 	majority an affirmative vote of the members of the board, of at least seven Iron Range 
87.29 	Resources and Rehabilitation Board members, money in the Iron Range Miners' Memorial 
87.30 	Forest account may be transferred into the corpus of the Douglas J. Johnson economic 
87.31 	protection trust fund established under sections 298.291 to 298.294. The property acquired 
87.32 	under the authority granted by this subdivision and income derived from the property or 
87.33 	the operation or management of the property are exempt from taxation by the state or its 
87.34 	political subdivisions while held by the forest trust. 

88.1 	Sec. 6. Minnesota Statutes 2008, section 298.22, subdivision 6, is amended to read:
88.2 		Subd. 6.Private entity participation. The board may acquire an equity interest in 
88.3 	any project for which it provides funding. The commissioner may establish, participate in 
88.4 	the management of, and dispose of the assets of charitable foundations, nonprofit limited 
88.5 	liability companies, and nonprofit corporations associated with any project for which it 
88.6 	provides funding, including specifically, but without limitation, a corporation within the 
88.7 	meaning of section 317A.011, subdivision 6. 

88.8 	Sec. 7. Minnesota Statutes 2008, section 298.22, subdivision 7, is amended to read:
88.9 		Subd. 7.Project area development authority. (a) In addition to the other powers 
88.10 	granted in this section and other law and notwithstanding any limitations contained in 
88.11 	subdivision 5, the commissioner, for purposes of fostering economic development and 
88.12 	tourism within the Giants Ridge Recreation Area or the Ironworld Discovery Center area, 
88.13 	may spend any money made available to the agency under section 298.28 to acquire real 
88.14 	or personal property or interests therein by gift, purchase, or lease and may convey by 
88.15 	lease, sale, or other means of conveyance or commitment any or all property interests 
88.16 	owned or administered by the commissioner within such areas. 
88.17 	(b) In furtherance of development of the Giants Ridge Recreation Area or the 
88.18 	Ironworld Discovery Center area, the commissioner may establish and participate in 
88.19 	charitable foundations, nonprofit limited liability companies, and nonprofit corporations, 
88.20 	including a corporation within the meaning of section 317A.011, subdivision 6. 
88.21 	(c) The term "Giants Ridge recreation area" refers to an economic development 
88.22 	project area established by the commissioner in furtherance of the powers delegated in this 
88.23 	section within St. Louis County in the western following portions of the town of White and 
88.24 	in the eastern portion of the westerly, adjacent, unorganized township. city of Biwabik:
88.25 	Township 59, North, Range 15 West, Sections 7,8, 17-20 and 29-32;
88.26 	Township 59 North, Range 16 West, Sections 12,13, 24, 25, and 36;
88.27 	Township 58 North, Range 16 West, Section 1; and
88.28 	Township 58 North, Range 15 West, Sections 5 and 6.
88.29 	(d) The term "Ironworld Discovery Center area" refers to an economic development 
88.30 	and tourism promotion project area established by the commissioner in furtherance 
88.31 	of the powers delegated in this section within St. Louis County in the south portion of 
88.32 	the town of Balkan.

88.33 	Sec. 8. Minnesota Statutes 2008, section 298.22, subdivision 8, is amended to read:
89.1 		Subd. 8.Spending priority. In making or approving any expenditures on programs 
89.2 	or projects, the commissioner and the board shall give the highest priority to programs 
89.3 	and projects that target relief to those areas of the taconite assistance area as defined in 
89.4 	section 273.1341, that have the largest percentages of job losses and population losses 
89.5 	directly attributable to the economic downturn in the taconite industry since the 1980s. 
89.6 	The commissioner and the board shall compare the 1980 population and employment 
89.7 	figures with the 2000 population and employment figures, and shall specifically consider 
89.8 	the job losses in 2000 and 2001 resulting from the closure of LTV Steel Mining Company, 
89.9 	in making or approving expenditures consistent with this subdivision, as well as the areas 
89.10 	of residence of persons who suffered job loss for which relief is to be targeted under this 
89.11 	subdivision. The commissioner may lease, for a term not exceeding 50 years and upon 
89.12 	the terms determined by the commissioner and approved by the board at least seven Iron 
89.13 	Range Resources and Rehabilitation Board members, surface and mineral interests owned 
89.14 	or acquired by the state of Minnesota acting by and through the office of the commissioner 
89.15 	of Iron Range resources and rehabilitation within those portions of the taconite assistance 
89.16 	area affected by the closure of the LTV Steel Mining Company facility near Hoyt Lakes. 
89.17 	The payments and royalties from these leases must be deposited into the fund established 
89.18 	in section 298.292. This subdivision supersedes any other conflicting provisions of law 
89.19 	and does not preclude the commissioner and the board from making expenditures for 
89.20 	programs and projects in other areas. 

89.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

89.22 	Sec. 9. Minnesota Statutes 2008, section 298.22, subdivision 10, is amended to read:
89.23 		Subd. 10.Sale or privatization of functions. The commissioner of Iron Range 
89.24 	resources and rehabilitation may not sell or privatize the Ironworld Discovery Center or 
89.25 	Giants Ridge Golf and Ski Resort without prior approval by a majority vote of the board at 
89.26 	least seven Iron Range Resources and Rehabilitation Board members.

89.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

89.28 	Sec. 10. Minnesota Statutes 2008, section 298.22, subdivision 11, is amended to read:
89.29 		Subd. 11.Budgeting. The commissioner of Iron Range resources and rehabilitation 
89.30 	shall annually prepare a budget for operational expenditures, programs, and projects, and 
89.31 	submit it to the Iron Range Resources and Rehabilitation Board and the governor for 
89.32 	approval. After the budget is approved by the board at least seven Iron Range Resources 
90.1 	and Rehabilitation Board members and the governor, the commissioner may spend money 
90.2 	in accordance with the approved budget.

90.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

90.4 	Sec. 11. Minnesota Statutes 2008, section 298.221, is amended to read:
90.5 	298.221 RECEIPTS FROM CONTRACTS; APPROPRIATION.
90.6 	(a) Except as provided in paragraph (c), all money paid to the state of Minnesota 
90.7 	pursuant to the terms of any contract entered into by the state under authority of section 
90.8 	298.22 and any fees which may, in the discretion of the commissioner of Iron Range 
90.9 	resources and rehabilitation, be charged in connection with any project pursuant to that 
90.10 	section as amended, shall be deposited in the state treasury to the credit of the Iron Range 
90.11 	Resources and Rehabilitation Board account in the special revenue fund and are hereby 
90.12 	appropriated for the purposes of section 298.22.  
90.13 	(b) Notwithstanding section 16A.013, merchandise may be accepted by the 
90.14 	commissioner of the Iron Range Resources and Rehabilitation Board for payment of 
90.15 	advertising contracts if the commissioner determines that the merchandise can be used 
90.16 	for special event prizes or mementos at facilities operated by the board. Nothing in this 
90.17 	paragraph authorizes the commissioner or a member of the board to receive merchandise 
90.18 	for personal use.  
90.19 	(c) All fees charged by the commissioner in connection with public use of the 
90.20 	state-owned ski and golf facilities at the Giants Ridge Recreation Area and all other 
90.21 	revenues derived by the commissioner from the operation or lease of those facilities 
90.22 	and from the lease, sale, or other disposition of undeveloped lands at the Giants Ridge 
90.23 	Recreation Area must be deposited into an Iron Range Resources and Rehabilitation 
90.24 	Board account that is created within the state enterprise fund. All funds deposited in the 
90.25 	enterprise fund account are appropriated to the commissioner to be expended, subject 
90.26 	to approval of a majority of the board, by at least seven Iron Range Resources and 
90.27 	Rehabilitation Board members, as follows:
90.28 	(1) to pay costs associated with the construction, equipping, operation, repair, or 
90.29 	improvement of the Giants Ridge Recreation Area facilities or lands;
90.30 	(2) to pay principal, interest and associated bond issuance, reserve, and servicing 
90.31 	costs associated with the financing of the facilities; and
90.32 	(3) to pay the costs of any other project authorized under section 298.22.  

90.33 	EFFECTIVE DATE. This section is effective the day following final enactment.

91.1 	Sec. 12. Minnesota Statutes 2008, section 298.2211, subdivision 3, is amended to read:
91.2 		Subd. 3.Project approval. All projects authorized by this section shall be 
91.3 	submitted by the commissioner to the Iron Range Resources and Rehabilitation Board, 
91.4 	which shall recommend approval or disapproval or modification of the projects for 
91.5 	approval by at least seven Iron Range Resources and Rehabilitation Board members. 
91.6 	Prior to the commencement of a project involving the exercise by the commissioner of 
91.7 	any authority of sections 469.174 to 469.179, the governing body of each municipality in 
91.8 	which any part of the project is located and the county board of any county containing 
91.9 	portions of the project not located in an incorporated area shall by majority vote approve 
91.10 	or disapprove the project. Any project, as so approved by the board at least seven Iron 
91.11 	Range Resources and Rehabilitation Board members and the applicable governing bodies, 
91.12 	if any, together with detailed information concerning the project, its costs, the sources of 
91.13 	its funding, and the amount of any bonded indebtedness to be incurred in connection 
91.14 	with the project, shall be transmitted to the governor, who shall approve, disapprove, or 
91.15 	return the proposal for additional consideration within 30 days of receipt. No project 
91.16 	authorized under this section shall be undertaken, and no obligations shall be issued and 
91.17 	no tax increments shall be expended for a project authorized under this section until the 
91.18 	project has been approved by the governor.  

91.19 	EFFECTIVE DATE. This section is effective the day following final enactment.

91.20 	Sec. 13. Minnesota Statutes 2008, section 298.2213, subdivision 4, is amended to read:
91.21 		Subd. 4.Project approval. The board and commissioner shall by August 1 each 
91.22 	year prepare a list of projects to be funded from the money appropriated in this section 
91.23 	with necessary supporting information including descriptions of the projects, plans, and 
91.24 	cost estimates. A project must not be approved by the board unless it finds that:
91.25 	(1) the project will materially assist, directly or indirectly, the creation of additional 
91.26 	long-term employment opportunities;
91.27 	(2) the prospective benefits of the expenditure exceed the anticipated costs; and
91.28 	(3) in the case of assistance to private enterprise, the project will serve a sound 
91.29 	business purpose.
91.30 	 Each project must be approved by a majority of the at least seven Iron Range 
91.31 	Resources and Rehabilitation Board members and the commissioner of Iron Range 
91.32 	resources and rehabilitation. The list of projects must be submitted to the governor, 
91.33 	who shall, by November 15 of each year, approve, disapprove, or return for further 
91.34 	consideration, each project. The money for a project may be spent only upon approval of 
92.1 	the project by the governor. The board may submit supplemental projects for approval at 
92.2 	any time.

92.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

92.4 	Sec. 14. Minnesota Statutes 2008, section 298.2214, is amended by adding a 
92.5 	subdivision to read:
92.6 		Subd. 6.Per diem. Members of the committee may be reimbursed for expenses 
92.7 	in the manner provided in section 298.22, subdivision 2.

92.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

92.9 	Sec. 15. Minnesota Statutes 2008, section 298.223, is amended to read:
92.10 	298.223 TACONITE AREA ENVIRONMENTAL PROTECTION FUND.
92.11 		Subdivision 1.Creation; purposes. A fund called the taconite environmental 
92.12 	protection fund is created for the purpose of reclaiming, restoring and enhancing those 
92.13 	areas of northeast Minnesota located within the taconite assistance area defined in section 
92.14 	273.1341, that are adversely affected by the environmentally damaging operations 
92.15 	involved in mining taconite and iron ore and producing iron ore concentrate and for the 
92.16 	purpose of promoting the economic development of northeast Minnesota. The taconite 
92.17 	environmental protection fund shall be used for the following purposes:
92.18 	(a) to initiate investigations into matters the Iron Range Resources and Rehabilitation 
92.19 	Board determines are in need of study and which will determine the environmental 
92.20 	problems requiring remedial action;
92.21 	(b) reclamation, restoration, or reforestation of mine lands not otherwise provided 
92.22 	for by state law;
92.23 	(c) local economic development projects but only if those projects are approved 
92.24 	by the board, at least seven Iron Range Resources and Rehabilitation Board members,
92.25 	and public works, including construction of sewer and water systems located within the 
92.26 	taconite assistance area defined in section 273.1341;
92.27 	(d) monitoring of mineral industry related health problems among mining 
92.28 	employees.;
92.29 	(e) local public works projects under section 298.227, paragraph (c); and
92.30 	(f) local public works projects as provided under this paragraph. The following 
92.31 	amounts shall be distributed in 2009:
92.32 	(1) .4651 cent per ton to the city of Aurora for street repair and renovation;
93.1 	(2) .4264 cent per ton to the city of Biwabik for street and utility infrastructure 
93.2 	improvements to the south side industrial site;
93.3 	(3) .6460 cent per ton to the city of Buhl for street repair;
93.4 	(4) 1.0336 cents per ton to the city of Hoyt Lakes for public utility improvements;
93.5 	(5) 1.1628 cents per ton to the city of Eveleth for water and sewer infrastructure 
93.6 	upgrades;
93.7 	(6)1.0336 cents per ton to the city of Gilbert for water and sewer infrastructure 
93.8 	upgrades;
93.9 	(7) .7752 cent per ton to the city of Mountain Iron for water and sewer infrastructure;
93.10 	(8) 1.2920 cents per ton to the city of Virginia for utility upgrades and accessibility 
93.11 	modifications for the miners' memorial;
93.12 	(9) .6460 cent per ton to the town of White for Highway 135 road upgrades;
93.13 	(10) 1.9380 cents per ton to the city of Hibbing for public infrastructure projects;
93.14 	(11) 1.1628 cents per ton to the city of Chisholm for water and sewer repair;
93.15 	(12) .6460 cent per ton to the town of Balkan for community center repairs;
93.16 	(13) .9044 cent per ton to the city of Babbitt for city garage construction;
93.17 	(14) .5168 cent per ton to the city of Cook for replacement of a water tower;
93.18 	(15) .5168 cent per ton to the city of Ely for reconstruction of 2nd Avenue West;
93.19 	(16) .6460 cent per ton to the city of Tower for water infrastructure upgrades;
93.20 	(17) .1292 cent per ton to the city of Orr for water infrastructure upgrades;
93.21 	(18) .1292 cent per ton to the city of Silver Bay for emergency cleanup;
93.22 	(19) .3230 cent per ton to Lake County for trail construction;
93.23 	(20) .1292 cent per ton to Cook County for construction of tennis courts in Grand 
93.24 	Marais;
93.25 	(21) .3101 cent per ton to the city of Two Harbors for water infrastructure 
93.26 	improvements;
93.27 	(22) .1938 cent per ton for land acquisition for phase one of Cook Airport project;
93.28 	(23) 1.0336 cents per ton to the city of Coleraine for water and sewer improvements 
93.29 	along Gayley Avenue;
93.30 	(24) .3876 cent per ton to the city of Marble for construction of a city administration 
93.31 	facility;
93.32 	(25) .1292 cent per ton to the city of Calumet for repairs at city hall and the 
93.33 	community center;
93.34 	(26) .6460 cent per ton to the city of Nashwauk for electrical infrastructure upgrades;
93.35 	(27) 1.0336 cents per ton to the city of Keewatin for water and sewer upgrades 
93.36 	along Depot Street;
94.1 	(28) .2584 cent per ton to the city of Aitkin for water, sewer, street, and gutter 
94.2 	improvements;
94.3 	(29) 1.1628 cents per ton to the city of Grand Rapids for water and sewer 
94.4 	infrastructure upgrades at Pokegema Golf Course and Park Place;
94.5 	(30) .1809 cent per ton to the city of Grand Rapids for water and sewer upgrades for 
94.6 	1st Avenue from River Road to 3rd Street SE; and
94.7 	(31) .9044 cent per ton to the city of Cohasset for upgrades to the railroad crossing at 
94.8 	Highway 2 and County Road 62.
94.9 		Subd. 2.Administration. (a) The taconite area environmental protection fund shall 
94.10 	be administered by the commissioner of the Iron Range Resources and Rehabilitation 
94.11 	Board. The commissioner shall by September 1 of each year submit to the board a list 
94.12 	of projects to be funded from the taconite area environmental protection fund, with such 
94.13 	supporting information including description of the projects, plans, and cost estimates as 
94.14 	may be necessary. 
94.15 	(b) Each year no less than one-half of the amounts deposited into the taconite 
94.16 	environmental protection fund must be used for public works projects, including 
94.17 	construction of sewer and water systems, as specified under subdivision 1, paragraph (c). 
94.18 	The Iron Range Resources and Rehabilitation Board with a majority vote of the members,
94.19 	approval by at least seven Iron Range Resources and Rehabilitation Board members, may 
94.20 	waive the requirements of this paragraph. 
94.21 	(c) Upon approval by a majority of the members of the Iron Range Resources and 
94.22 	Rehabilitation Board, at least seven Iron Range Resources and Rehabilitation Board 
94.23 	members, the list of projects approved under this subdivision shall be submitted to the 
94.24 	governor by November 1 of each year. By December 1 of each year, the governor shall 
94.25 	approve or disapprove, or return for further consideration, each project. Funds for a 
94.26 	project may be expended only upon approval of the project by the board at least seven Iron 
94.27 	Range Resources and Rehabilitation Board members, and governor. The commissioner 
94.28 	may submit supplemental projects to the board and governor for approval at any time.
94.29 		Subd. 3.Appropriation. There is annually appropriated to the commissioner of Iron 
94.30 	Range resources and rehabilitation taconite area environmental protection funds necessary 
94.31 	to carry out approved projects and programs and the funds necessary for administration of 
94.32 	this section. Annual administrative costs, not including detailed engineering expenses for 
94.33 	the projects, shall not exceed five percent of the amount annually expended from the fund.
94.34 	Funds for the purposes of this section are provided by section 298.28, subdivision 
94.35 	11, relating to the taconite area environmental protection fund. 

94.36 	EFFECTIVE DATE. This section is effective the day following final enactment.

95.1 	Sec. 16. Minnesota Statutes 2008, section 298.227, is amended to read:
95.2 	298.227 TACONITE ECONOMIC DEVELOPMENT FUND.
95.3 	(a) An amount equal to that distributed pursuant to each taconite producer's taxable 
95.4 	production and qualifying sales under section 298.28, subdivision 9a, shall be held by 
95.5 	the Iron Range Resources and Rehabilitation Board in a separate taconite economic 
95.6 	development fund for each taconite and direct reduced ore producer. Money from the 
95.7 	fund for each producer shall be released by the commissioner after review by a joint 
95.8 	committee consisting of an equal number of representatives of the salaried employees and 
95.9 	the nonsalaried production and maintenance employees of that producer. The District 11 
95.10 	director of the United States Steelworkers of America, on advice of each local employee 
95.11 	president, shall select the employee members. In nonorganized operations, the employee 
95.12 	committee shall be elected by the nonsalaried production and maintenance employees. 
95.13 	The review must be completed no later than six months after the producer presents a 
95.14 	proposal for expenditure of the funds to the committee. The funds held pursuant to this 
95.15 	section may be released only for workforce development and associated public facility 
95.16 	improvement, or for acquisition of plant and stationary mining equipment and facilities 
95.17 	for the producer or for research and development in Minnesota on new mining, or 
95.18 	taconite, iron, or steel production technology, but only if the producer provides a matching 
95.19 	expenditure to be used for the same purpose of at least 50 percent of the distribution based 
95.20 	on 14.7 cents per ton beginning with distributions in 2002. Effective for proposals for 
95.21 	expenditures of money from the fund beginning May 26, 2007, the commissioner may 
95.22 	not release the funds before the next scheduled meeting of the board. If the board rejects
95.23 	a proposed expenditure is not approved by at least seven Iron Range Resources and 
95.24 	Rehabilitation Board members, the funds must be deposited in the Taconite Environmental 
95.25 	Protection Fund under sections 298.222 to 298.225. If a producer uses money which has 
95.26 	been released from the fund prior to May 26, 2007 to procure haulage trucks, mobile 
95.27 	equipment, or mining shovels, and the producer removes the piece of equipment from the 
95.28 	taconite tax relief area defined in section 273.134 within ten years from the date of receipt 
95.29 	of the money from the fund, a portion of the money granted from the fund must be repaid 
95.30 	to the taconite economic development fund. The portion of the money to be repaid is 100 
95.31 	percent of the grant if the equipment is removed from the taconite tax relief area within 12 
95.32 	months after receipt of the money from the fund, declining by ten percent for each of the 
95.33 	subsequent nine years during which the equipment remains within the taconite tax relief 
95.34 	area. If a taconite production facility is sold after operations at the facility had ceased, any 
95.35 	money remaining in the fund for the former producer may be released to the purchaser of 
95.36 	the facility on the terms otherwise applicable to the former producer under this section. If 
96.1 	a producer fails to provide matching funds for a proposed expenditure within six months 
96.2 	after the commissioner approves release of the funds, the funds are available for release to 
96.3 	another producer in proportion to the distribution provided and under the conditions of 
96.4 	this section. Any portion of the fund which is not released by the commissioner within 
96.5 	one year of its deposit in the fund shall be divided between the taconite environmental 
96.6 	protection fund created in section 298.223 and the Douglas J. Johnson economic protection 
96.7 	trust fund created in section 298.292 for placement in their respective special accounts. 
96.8 	Two-thirds of the unreleased funds shall be distributed to the taconite environmental 
96.9 	protection fund and one-third to the Douglas J. Johnson economic protection trust fund. 
96.10 	(b) (1) Notwithstanding the requirements of paragraph (a), setting the amount of 
96.11 	distributions and the review process, an amount equal to ten cents per taxable ton of 
96.12 	production in 2007, for distribution in 2008 only, that would otherwise be distributed 
96.13 	under paragraph (a), may be used for a loan for the cost of construction of a biomass 
96.14 	energy facility. This amount must be deducted from the distribution under paragraph (a) 
96.15 	for which a matching expenditure by the producer is not required. The granting of the loan 
96.16 	is subject to approval by the Iron Range Resources and Rehabilitation Board at least seven 
96.17 	Iron Range Resources and Rehabilitation Board members; interest must be payable on the 
96.18 	loan at the rate prescribed in section 298.2213, subdivision 3. 
96.19 	(2) Repayments of the loan and interest must be deposited in the northeast Minnesota 
96.20 	economic development taconite environment protection fund established in section 
96.21 	298.2213 under sections 298.222 through 298.225. If a loan is not made under this 
96.22 	paragraph by July 1, 2009, the amount that had been made available for the loan under this 
96.23 	paragraph must be transferred to the northeast Minnesota economic developmenttaconite 
96.24 	environment protection fund  under sections 298.222 through 298.225. 
96.25 	(3) Money distributed in 2008 to the fund established under this section that exceeds 
96.26 	ten cents per ton is available to qualifying producers under paragraph (a) on a pro rata 
96.27 	basis.
96.28 	If 2008 H.F. No. 1812 is enacted and includes a provision that amends this section 
96.29 	in a manner that is different from the amendment in this section, the amendment in this 
96.30 	section supersedes the amendment in 2008 H.F. No. 1812, notwithstanding section 645.26.
96.31 	(c) Repayment or transfer of money to the taconite environmental protection fund 
96.32 	under paragraph (b), clause (2) must be allocated by the Iron Range Resources and 
96.33 	Rehabilitation Board for public works projects in house legislative districts in the same 
96.34 	proportion as taxable tonnage of production in 2007 in each house legislative district, for 
96.35 	distribution in 2008, bears to total taxable tonnage of production in 2007, for distribution 
96.36 	in 2008. Not withstanding any other law to the contrary, expenditures under this paragraph 
97.1 	do not require approval by the governor. For purposes of this paragraph, house legislative 
97.2 	districts mean the legislative districts in existence on the effective date of this section.

97.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

97.4 	Sec. 17. Minnesota Statutes 2008, section 298.28, subdivision 9d, is amended to read:
97.5 		Subd. 9d. Iron Range higher education account. Five cents per taxable ton must 
97.6 	be allocated to the Iron Range Resources and Rehabilitation Board to be deposited in 
97.7 	an Iron Range higher education account that is hereby created, to be used for higher 
97.8 	education programs conducted at educational institutions in the taconite assistance area 
97.9 	defined in section 273.1341. The Iron Range Higher Education committee under section 
97.10 	298.2214, and the Iron Range Resources and Rehabilitation Board by an affirmative vote 
97.11 	of at least seven Iron Range Resources and Rehabilitation Board members, must approve 
97.12 	all expenditures from the account. 

97.13 	EFFECTIVE DATE. This section is effective the day following final enactment.

97.14 	Sec. 18. Minnesota Statutes 2008, section 298.292, subdivision 2, is amended to read:
97.15 		Subd. 2. Use of money. Money in the Douglas J. Johnson economic protection trust 
97.16 	fund may be used for the following purposes: 
97.17 	(1) to provide loans, loan guarantees, interest buy-downs and other forms of 
97.18 	participation with private sources of financing, but a loan to a private enterprise shall be 
97.19 	for a principal amount not to exceed one-half of the cost of the project for which financing 
97.20 	is sought, and the rate of interest on a loan to a private enterprise shall be no less than the 
97.21 	lesser of eight percent or an interest rate three percentage points less than a full faith 
97.22 	and credit obligation of the United States government of comparable maturity, at the 
97.23 	time that the loan is approved; 
97.24 	(2) to fund reserve accounts established to secure the payment when due of the 
97.25 	principal of and interest on bonds issued pursuant to section 298.2211; 
97.26 	(3) to pay in periodic payments or in a lump-sum payment any or all of the interest 
97.27 	on bonds issued pursuant to chapter 474 for the purpose of constructing, converting, 
97.28 	or retrofitting heating facilities in connection with district heating systems or systems 
97.29 	utilizing alternative energy sources; 
97.30 	(4) to invest in a venture capital fund or enterprise that will provide capital to other 
97.31 	entities that are engaging in, or that will engage in, projects or programs that have the 
97.32 	purposes set forth in subdivision 1. No investments may be made in a venture capital fund 
97.33 	or enterprise unless at least two other unrelated investors make investments of at least 
98.1 	$500,000 in the venture capital fund or enterprise, and the investment by the Douglas 
98.2 	J. Johnson economic protection trust fund may not exceed the amount of the largest 
98.3 	investment by an unrelated investor in the venture capital fund or enterprise. For purposes 
98.4 	of this subdivision, an "unrelated investor" is a person or entity that is not related to 
98.5 	the entity in which the investment is made or to any individual who owns more than 40 
98.6 	percent of the value of the entity, in any of the following relationships: spouse, parent, 
98.7 	child, sibling, employee, or owner of an interest in the entity that exceeds ten percent of 
98.8 	the value of all interests in it. For purposes of determining the limitations under this 
98.9 	clause, the amount of investments made by an investor other than the Douglas J. Johnson 
98.10 	economic protection trust fund is the sum of all investments made in the venture capital 
98.11 	fund or enterprise during the period beginning one year before the date of the investment 
98.12 	by the Douglas J. Johnson economic protection trust fund; and 
98.13 	(5) to purchase forest land in the taconite assistance area defined in section 273.1341 
98.14 	to be held and managed as a public trust for the benefit of the area for the purposes 
98.15 	authorized in section 298.22, subdivision 5a. Property purchased under this section may 
98.16 	be sold by the commissioner upon approval by a majority vote of the board by at least 
98.17 	seven Iron Range Resources and Rehabilitation Board members. The net proceeds must 
98.18 	be deposited in the trust fund for the purposes and uses of this section.
98.19 	Money from the trust fund shall be expended only in or for the benefit of the taconite 
98.20 	assistance area defined in section 273.1341. 

98.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

98.22 	Sec. 19. [298.2931] TRANSFER OF FUNDS.
98.23 	The amount deposited in the fund in 2009 in repayment of a loan for the Mesaba 
98.24 	Nugget project at the Erie Mining site in Hoyt Lakes shall be transferred to the taconite 
98.25 	environmental protection fund and deposited in a special account to be used as provided 
98.26 	under section 298.223, subdivision 1, paragraph (f).

98.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

98.28 	Sec. 20. Minnesota Statutes 2008, section 298.294, is amended to read:
98.29 	298.294 INVESTMENT OF FUND.
98.30 	(a) The trust fund established by section 298.292 shall be invested pursuant to law 
98.31 	by the State Board of Investment and the net interest, dividends, and other earnings arising 
98.32 	from the investments shall be transferred, except as provided in paragraph (b), on the first 
98.33 	day of each month to the trust and shall be included and become part of the trust fund. 
99.1 	The amounts transferred, including the interest, dividends, and other earnings earned 
99.2 	prior to July 13, 1982, together with the additional amount of $10,000,000 for fiscal year 
99.3 	1983, which is appropriated April 21, 1983, are appropriated from the trust fund to the 
99.4 	commissioner of Iron Range resources and rehabilitation for deposit in a separate account 
99.5 	for expenditure for the purposes set forth in section 298.292. Amounts appropriated 
99.6 	pursuant to this section shall not cancel but shall remain available unless expended.  
99.7 	(b) For fiscal years 2010 and 2011 only, $1,000,000 of the net interest, dividends 
99.8 	and other earnings under paragraph (a) shall be transferred to a special account. Funds in 
99.9 	the special account are available for loans or grants to businesses with priority given to 
99.10 	businesses with 25 or fewer employees. Funds may be used for wage subsidies of up to 
99.11 	$5 per hour or other activities that will create additional jobs in the taconite assistance 
99.12 	area under section 273.1341. To qualify for a grant or loan, a business must be currently 
99.13 	operating, have been operating for one year immediately prior to its application for a loan 
99.14 	or grant, and its corporate headquarters must be located in the taconite assistance area. 
99.15 	Expenditures from the special account must be approved by at least seven Iron Range 
99.16 	Resources and Rehabilitation Board members.

99.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

99.18 	Sec. 21. Minnesota Statutes 2008, section 298.296, subdivision 2, is amended to read:
99.19 		Subd. 2. Expenditure of funds. (a) Before January 1, 2028, funds may be expended 
99.20 	on projects and for administration of the trust fund only from the net interest, earnings, 
99.21 	and dividends arising from the investment of the trust at any time, including net interest, 
99.22 	earnings, and dividends that have arisen prior to July 13, 1982, plus $10,000,000 made 
99.23 	available for use in fiscal year 1983, except that any amount required to be paid out of the 
99.24 	trust fund to provide the property tax relief specified in Laws 1977, chapter 423, article 
99.25 	X, section 4, and to make school bond payments and payments to recipients of taconite 
99.26 	production tax proceeds pursuant to section 298.225, may be taken from the corpus of 
99.27 	the trust. 
99.28 	(b) Additionally, upon recommendation by the board, up to $13,000,000 from the 
99.29 	corpus of the trust may be made available for use as provided in subdivision 4, and up to 
99.30 	$10,000,000 from the corpus of the trust may be made available for use as provided in 
99.31 	section 298.2961. 
99.32 	(c) Additionally, an amount equal to 20 percent of the value of the corpus of the trust 
99.33 	on May 18, 2002, not including the funds authorized in paragraph (b), plus the amounts 
99.34 	made available under section 298.28, subdivision 4, and Laws 2002, chapter 377, article 
100.1 	8, section 17, may be expended on projects. Funds may be expended for projects under 
100.2 	this paragraph only if the project: 
100.3 	(1) is for the purposes established under section 298.292, subdivision 1, clause 
100.4 	(1) or (2); and 
100.5 	(2) is approved by the board upon an affirmative vote of at least ten of its members. 
100.6 	No money made available under this paragraph or paragraph (d) can be used for 
100.7 	administrative or operating expenses of the Iron Range Resources and Rehabilitation 
100.8 	Board or expenses relating to any facilities owned or operated by the board on May 18, 
100.9 	2002. 
100.10 	(d) Upon recommendation by a unanimous vote of all members of the board, 
100.11 	amounts in addition to those authorized under paragraphs (a), (b), and (c) may be 
100.12 	expended on projects described in section 298.292, subdivision 1. 
100.13 	(e) Annual administrative costs, not including detailed engineering expenses for the 
100.14 	projects, shall not exceed five percent of the net interest, dividends, and earnings arising 
100.15 	from the trust in the preceding fiscal year. 
100.16 	(f) Principal and interest received in repayment of loans made pursuant to this 
100.17 	section, and earnings on other investments made under section 298.292, subdivision 2, 
100.18 	clause (4), shall be deposited in the state treasury and credited to the trust. These receipts 
100.19 	are appropriated to the board for the purposes of sections 298.291 to 298.298. 
100.20 	(g) Additionally, notwithstanding section 298.293, upon the affirmative vote 
100.21 	of a majority of the members of the board, of at least seven Iron Range Resources and 
100.22 	Rehabilitation Board members, money from the corpus of the trust may be expanded to 
100.23 	purchase forest lands within the taconite assistance area as provided in sections 298.22, 
100.24 	subdivision 5a, and 298.292, subdivision 2, clause (5). 

100.25 	EFFECTIVE DATE. This section is effective the day following final enactment.

100.26 	Sec. 22. Minnesota Statutes 2008, section 298.2961, is amended to read:
100.27 	298.2961 PRODUCER GRANTS.
100.28 		Subdivision 1.Appropriation. (a) $10,000,000 is appropriated from the Douglas 
100.29 	J. Johnson economic protection trust fund to a special account in the taconite area 
100.30 	environmental protection fund for grants to producers on a project-by-project basis as 
100.31 	provided in this section.
100.32 	(b) The proceeds of the tax designated under section 298.28, subdivision 9b, are 
100.33 	appropriated for grants to producers on a project-by-project basis as provided in this 
100.34 	section.  
101.1 		Subd. 2.Projects; approval. (a) Projects funded must be for:
101.2 	(1) environmentally unique reclamation projects; or
101.3 	(2) pit or plant repairs, expansions, or modernizations other than for a value added 
101.4 	iron products plant.
101.5 	(b) To be proposed by the board, a project must be approved by at least eight Iron 
101.6 	Range Resources and Rehabilitation Board members. The money for a project may 
101.7 	be spent only upon approval of the project by the governor. The board may submit 
101.8 	supplemental projects for approval at any time.
101.9 	(c) The board may require that it receive an equity percentage in any project to 
101.10 	which it contributes under this section.
101.11 		Subd. 3.Redistribution. (a) If a taconite production facility is sold after operations 
101.12 	at the facility had ceased, any money remaining in the taconite environmental fund for the 
101.13 	former producer may be released to the purchaser of the facility on the terms otherwise 
101.14 	applicable to the former producer under this section.
101.15 	(b) Any portion of the taconite environmental fund that is not released by the 
101.16 	commissioner within three years of its deposit in the taconite environmental fund shall be 
101.17 	divided between the taconite environmental protection fund created in section 298.223
101.18 	and the Douglas J. Johnson economic protection trust fund created in section 298.292 for 
101.19 	placement in their respective special accounts. Two-thirds of the unreleased funds must be 
101.20 	distributed to the taconite environmental protection fund and one-third to the Douglas J. 
101.21 	Johnson economic protection trust fund.  
101.22 		Subd. 4. Grant and loan fund. (a) A fund is established to receive distributions 
101.23 	under section 298.28, subdivision 9b, and to make grants or loans as provided in this 
101.24 	subdivision. Any grant or loan made under this subdivision must be approved by a majority 
101.25 	of the members of the Iron Range Resources and Rehabilitation Board, at least seven Iron 
101.26 	Range Resources and Rehabilitation Board members, established under section 298.22. 
101.27 	(b) Distributions received in calendar year 2005 are allocated to the city of Virginia 
101.28 	for improvements and repairs to the city's steam heating system. 
101.29 	(c) Distributions received in calendar year 2006 are allocated to a project of the 
101.30 	public utilities commissions of the cities of Hibbing and Virginia to convert their electrical 
101.31 	generating plants to the use of biomass products, such as wood. 
101.32 	(d) Distributions received in calendar year 2007 must be paid to the city of Tower to 
101.33 	be used for the East Two Rivers project in or near the city of Tower. 
101.34 	(e) For distributions received in 2008, the first $2,000,000 of the 2008 distribution 
101.35 	must be paid to St. Louis County for deposit in its county road and bridge fund to be 
101.36 	used for relocation of St. Louis County Road 715, commonly referred to as Pike River 
102.1 	Road. The remainder of the 2008 distribution must be paid to St. Louis County for a 
102.2 	grant to the city of Virginia for connecting sewer and water lines to the St. Louis County 
102.3 	maintenance garage on Highway 135, further extending the lines to interconnect with the 
102.4 	city of Gilbert's sewer and water lines. All distributions received in 2009 and subsequent 
102.5 	years are allocated for projects under section 298.223, subdivision 1. 
102.6 		Subd. 5. Public works and local economic development fund. For distributions in 
102.7 	2007 only, a special fund is established to receive 38.4 cents per ton that otherwise would 
102.8 	be allocated under section 298.28, subdivision 6. The following amounts are allocated to 
102.9 	St. Louis County acting as the fiscal agent for the recipients for the specific purposes: 
102.10 	(1) 13.4 cents per ton for the Central Iron Range Sanitary Sewer District for 
102.11 	construction of a combined wastewater facility and notwithstanding section 298.28, 
102.12 	subdivision 11, paragraph (a), or any other law, interest accrued on this money while held 
102.13 	by St. Louis County shall also be distributed to the recipient; 
102.14 	(2) six cents per ton to the city of Eveleth to redesign and design and construct 
102.15 	improvements to renovate its water treatment facility; 
102.16 	(3) one cent per ton for the East Range Joint Powers Board to acquire land for and to 
102.17 	design a central wastewater collection and treatment system; 
102.18 	(4) 0.5 cents per ton to the city of Hoyt Lakes to repair Leeds Road; 
102.19 	(5) 0.7 cents per ton to the city of Virginia to extend Eighth Street South; 
102.20 	(6) 0.7 cents per ton to the city of Mountain Iron to repair Hoover Road; 
102.21 	(7) 0.9 cents per ton to the city of Gilbert for alley repairs between Michigan and 
102.22 	Indiana Avenues and for repayment of a loan to the Minnesota Department of Employment 
102.23 	and Economic Development; 
102.24 	(8) 0.4 cents per ton to the city of Keewatin for a new city well; 
102.25 	(9) 0.3 cents per ton to the city of Grand Rapids for planning for a fire and hazardous 
102.26 	materials center; 
102.27 	(10) 0.9 cents per ton to Aitkin County Growth for an economic development 
102.28 	project for peat harvesting; 
102.29 	(11) 0.4 cents per ton to the city of Nashwauk to develop a comprehensive city plan; 
102.30 	(12) 0.4 cents per ton to the city of Taconite for development of a city comprehensive 
102.31 	plan; 
102.32 	(13) 0.3 cents per ton to the city of Marble for water and sewer infrastructure; 
102.33 	(14) 0.8 cents per ton to Aitkin County for improvements to the Long Lake 
102.34 	Environmental Learning Center; 
102.35 	(15) 0.3 cents per ton to the city of Coleraine for the Coleraine Technology Center; 
103.1 	(16) 0.5 cents per ton to the Economic Development Authority of the city of Grand 
103.2 	Rapids for planning for the North Central Research and Technology Laboratory; 
103.3 	(17) 0.6 cents per ton to the city of Bovey for sewer and water extension; 
103.4 	(18) 0.3 cents per ton to the city of Calumet for infrastructure improvements; and 
103.5 	(19) ten cents per ton to the commissioner of Iron Range Resources and 
103.6 	Rehabilitation for deposit in a Highway 1 Corridor Account established by the 
103.7 	commissioner, to be distributed by the commissioner to any of the cities of Babbitt, Cook, 
103.8 	Ely, or Tower, for economic development projects approved by the Iron Range Resources 
103.9 	and Rehabilitation Board at least seven Iron Range Resources and Rehabilitation Board 
103.10 	members; notwithstanding section 298.28, subdivision 11, paragraph (a), or any other law, 
103.11 	interest accrued on this money while held by St. Louis County or the commissioner 
103.12 	shall also be distributed to the recipient. 
103.13 		Subd. 6.Renewable energy. For distributions in 2009 only, a special account is 
103.14 	established in the taconite environmental protection fund to receive 15.5 cents per ton that 
103.15 	otherwise would be allocated under section 298.28, subdivision 6. The funds are available 
103.16 	for cooperative projects between the Iron Range Resources and Rehabilitation Board and 
103.17 	local governments for renewable energy initiatives.

103.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

103.19 	ARTICLE 7
103.20 	DEBT MANAGEMENT SERVICES

103.21 	Section 1. Minnesota Statutes 2008, section 45.011, subdivision 1, is amended to read:
103.22 		Subdivision 1.Scope. As used in chapters 45 to 83, 155A,  332, 332A, 332B, 
103.23 	345, and 359, and sections 325D.30 to 325D.42, 326B.802 to 326B.885, and 386.61 to 
103.24 	386.78, unless the context indicates otherwise, the terms defined in this section have 
103.25 	the meanings given them. 

103.26 	Sec. 2. Minnesota Statutes 2008, section 46.04, subdivision 1, is amended to read:
103.27 		Subdivision 1.General. The commissioner of commerce, referred to in chapters 46 
103.28 	to 59A, and chapter 332A, and 332B as the commissioner, is vested with all the powers, 
103.29 	authority, and privileges which, prior to the enactment of Laws 1909, chapter 201, were 
103.30 	conferred by law upon the public examiner, and shall take over all duties in relation to 
103.31 	state banks, savings banks, trust companies, savings associations, and other financial 
103.32 	institutions within the state which, prior to the enactment of chapter 201, were imposed 
103.33 	upon the public examiner. The commissioner of commerce shall exercise a constant 
104.1 	supervision, either personally or through the examiners herein provided for, over the 
104.2 	books and affairs of all state banks, savings banks, trust companies, savings associations, 
104.3 	credit unions, industrial loan and thrift companies, and other financial institutions doing 
104.4 	business within this state; and shall, through examiners, examine each financial institution 
104.5 	at least once every 24 calendar months. In satisfying this examination requirement, the 
104.6 	commissioner may accept reports of examination prepared by a federal agency having 
104.7 	comparable supervisory powers and examination procedures. With the exception of 
104.8 	industrial loan and thrift companies which do not have deposit liabilities and licensed 
104.9 	regulated lenders, it shall be the principal purpose of these examinations to inspect and 
104.10 	verify the assets and liabilities of each and so far investigate the character and value of 
104.11 	the assets of each institution as to determine with reasonable certainty that the values are 
104.12 	correctly carried on its books. Assets and liabilities shall be verified in accordance with 
104.13 	methods of procedure which the commissioner may determine to be adequate to carry out 
104.14 	the intentions of this section. It shall be the further purpose of these examinations to 
104.15 	assess the adequacy of capital protection and the capacity of the institution to meet usual 
104.16 	and reasonably anticipated deposit withdrawals and other cash commitments without 
104.17 	resorting to excessive borrowing or sale of assets at a significant loss, and to investigate 
104.18 	each institution's compliance with applicable laws and rules. Based on the examination 
104.19 	findings, the commissioner shall make a determination as to whether the institution 
104.20 	is being operated in a safe and sound manner. None of the above provisions limits the 
104.21 	commissioner in making additional examinations as deemed necessary or advisable. The 
104.22 	commissioner shall investigate the methods of operation and conduct of these institutions 
104.23 	and their systems of accounting, to ascertain whether these methods and systems are 
104.24 	in accordance with law and sound banking principles. The commissioner may make 
104.25 	requirements as to records as deemed necessary to facilitate the carrying out of the 
104.26 	commissioner's duties and to properly protect the public interest. The commissioner may 
104.27 	examine, or cause to be examined by these examiners, on oath, any officer, director, 
104.28 	trustee, owner, agent, clerk, customer, or depositor of any financial institution touching 
104.29 	the affairs and business thereof, and may issue, or cause to be issued by the examiners, 
104.30 	subpoenas, and administer, or cause to be administered by the examiners, oaths. In 
104.31 	case of any refusal to obey any subpoena issued under the commissioner's direction, 
104.32 	the refusal may at once be reported to the district court of the district in which the bank 
104.33 	or other financial institution is located, and this court shall enforce obedience to these 
104.34 	subpoenas in the manner provided by law for enforcing obedience to subpoenas of the 
104.35 	court. In all matters relating to official duties, the commissioner of commerce has the 
104.36 	power possessed by courts of law to issue subpoenas and cause them to be served and 
105.1 	enforced, and all officers, directors, trustees, and employees of state banks, savings banks, 
105.2 	trust companies, savings associations, and other financial institutions within the state, 
105.3 	and all persons having dealings with or knowledge of the affairs or methods of these 
105.4 	institutions, shall afford reasonable facilities for these examinations, make returns and 
105.5 	reports to the commissioner of commerce as the commissioner may require; attend and 
105.6 	answer, under oath, the commissioner's lawful inquiries; produce and exhibit any books, 
105.7 	accounts, documents, and property as the commissioner may desire to inspect, and in all 
105.8 	things aid the commissioner in the performance of duties. 

105.9 	Sec. 3. Minnesota Statutes 2008, section 46.05, is amended to read:
105.10 	46.05 SUPERVISION OVER FINANCIAL INSTITUTIONS.
105.11 	Every state bank, savings bank, trust company, savings association, debt management 
105.12 	services provider, debt settlement services provider, and other financial institutions shall 
105.13 	be at all times under the supervision and subject to the control of the commissioner 
105.14 	of commerce. If, and whenever in the performance of duties, the commissioner finds 
105.15 	it necessary to make a special investigation of any financial institution under the 
105.16 	commissioner's supervision, and other than a complete examination, the commissioner 
105.17 	shall make a charge therefor to include only the necessary costs thereof. Such a fee shall 
105.18 	be payable to the commissioner on the commissioner's making a request for payment.

105.19 	Sec. 4. Minnesota Statutes 2008, section 46.131, subdivision 2, is amended to read:
105.20 		Subd. 2.Assessment authority. Each bank, trust company, savings bank, savings 
105.21 	association, regulated lender, industrial loan and thrift company, credit union, motor 
105.22 	vehicle sales finance company, debt management services provider, debt settlement 
105.23 	services provider, and insurance premium finance company organized under the laws of 
105.24 	this state or required to be administered by the commissioner of commerce shall pay 
105.25 	into the state treasury its proportionate share of the cost of maintaining the Department 
105.26 	of Commerce.

105.27 	Sec. 5. Minnesota Statutes 2008, section 325E.311, subdivision 6, is amended to read:
105.28 		Subd. 6.Telephone solicitation. "Telephone solicitation" means any voice 
105.29 	communication over a telephone line for the purpose of encouraging the purchase or 
105.30 	rental of, or investment in, property, goods, or services, whether the communication is 
105.31 	made by a live operator, through the use of an automatic dialing-announcing device as 
105.32 	defined in section 325E.26, subdivision 2, or by other means. Telephone solicitation 
105.33 	does not include communications:
106.1 	(1) to any residential subscriber with that subscriber's prior express invitation or 
106.2 	permission; or
106.3 	(2) by or on behalf of any person or entity with whom a residential subscriber has a 
106.4 	prior or current business or personal relationship.
106.5 	Telephone solicitation also does not include communications if the caller is identified by a 
106.6 	caller identification service and the call is:
106.7 	(i) by or on behalf of an organization that is identified as a nonprofit organization 
106.8 	under state or federal law, unless the organization is a debt management services provider 
106.9 	defined in section 332A.02 or a debt settlement services provider defined in section 
106.10 	332B.02;
106.11 	(ii) by a person soliciting without the intent to complete, and who does not in 
106.12 	fact complete, the sales presentation during the call, but who will complete the sales 
106.13 	presentation at a later face-to-face meeting between the solicitor who makes the call 
106.14 	and the prospective purchaser; or
106.15 	(iii) by a political party as defined under section 200.02, subdivision 6.

106.16 	Sec. 6. Minnesota Statutes 2008, section 332A.02, is amended by adding a subdivision 
106.17 	to read:
106.18 		Subd. 2a.Advertise. "Advertise" means to solicit business through any means or 
106.19 	medium.

106.20 	Sec. 7. Minnesota Statutes 2008, section 332A.02, subdivision 5, is amended to read:
106.21 		Subd. 5.Controlling or affiliated party. "Controlling or affiliated party" means 
106.22 	any person or entity that controls or is controlled, directly or indirectly controlling, 
106.23 	controlled by, or is under common control with another person. Controlling or affiliated 
106.24 	party includes, but is not limited to, employees, officers, independent contractors, 
106.25 	corporations, partnerships, and limited liability corporations.

106.26 	Sec. 8. Minnesota Statutes 2008, section 332A.02, is amended by adding a subdivision 
106.27 	to read:
106.28 		Subd. 5a.Creditor. "Creditor" means any party:
106.29 	(1) named by the debtor as a creditor in the debt management services plan or debt 
106.30 	management services agreement;
106.31 	(2) that acquires or holds the debt; or
107.1 	(3) to whom interactions with the debt management services is assigned in relation 
107.2 	to the debt listed in the debt management services plan or debt management services 
107.3 	agreement.

107.4 	Sec. 9. Minnesota Statutes 2008, section 332A.02, subdivision 8, is amended to read:
107.5 		Subd. 8.Debt management services provider. "Debt management services 
107.6 	provider" means any person offering or providing debt management services to a debtor 
107.7 	domiciled in this state, regardless of whether or not a fee is charged for the services and 
107.8 	regardless of whether the person maintains a physical presence in the state. This term 
107.9 	includes any person to whom duties under a debt management services agreement or 
107.10 	debt management services plan are delegated, and does not include services performed 
107.11 	by the following when engaged in the regular course of their respective businesses and 
107.12 	professions:
107.13 	(1) attorneys at law, escrow agents, accountants, broker-dealers in securities;
107.14 	(2) state or national banks, credit unions, trust companies, savings associations, 
107.15 	title insurance companies, insurance companies, and all other lending institutions duly 
107.16 	authorized to transact business in Minnesota, provided no fee is charged for the service;
107.17 	(3) persons who, as employees on a regular salary or wage of an employer not 
107.18 	engaged in the business of debt management, perform credit services for their employer;
107.19 	(4) public officers acting in their official capacities and persons acting as a debt 
107.20 	management services provider pursuant to court order;
107.21 	(5) any person while performing services incidental to the dissolution, winding up, 
107.22 	or liquidation of a partnership, corporation, or other business enterprise;
107.23 	(6) the state, its political subdivisions, public agencies, and their employees;
107.24 	(7) credit unions and collection agencies, provided no fee is charged for the service
107.25 	that the services are provided to a creditor;
107.26 	(8) "qualified organizations" designated as representative payees for purposes of the 
107.27 	Social Security and Supplemental Security Income Representative Payee System and the 
107.28 	federal Omnibus Budget Reconciliation Act of 1990, Public Law 101-508;
107.29 	(9) accelerated mortgage payment providers. "Accelerated mortgage payment 
107.30 	providers" are persons who, after satisfying the requirements of sections 332.30 to 
107.31 	332.303, receive funds to make mortgage payments to a lender or lenders, on behalf 
107.32 	of mortgagors, in order to exceed regularly scheduled minimum payment obligations 
107.33 	under the terms of the indebtedness. The term does not include: (i) persons or entities 
107.34 	described in clauses (1) to (8); (ii) mortgage lenders or servicers, industrial loan and 
107.35 	thrift companies, or regulated lenders under chapter 56; or (iii) persons authorized to 
108.1 	make loans under section 47.20, subdivision 1. For purposes of this clause and sections 
108.2 	332.30 to 332.303, "lender" means the original lender or that lender's assignee, whichever 
108.3 	is the current mortgage holder;
108.4 	(10) trustees, guardians, and conservators; and
108.5 	(11) debt settlement services providers. 

108.6 	Sec. 10. Minnesota Statutes 2008, section 332A.02, subdivision 9, is amended to read:
108.7 		Subd. 9.Debt management services. "Debt management services" means the 
108.8 	provision of any one or more of the following services in connection with debt incurred 
108.9 	primarily for personal, family, or household services:
108.10 	(1) managing the financial affairs of an individual by distributing income or money 
108.11 	to the individual's creditors; 
108.12 	(2) receiving funds for the purpose of distributing the funds among creditors in 
108.13 	payment or partial payment of obligations of a debtor; or
108.14 	(3) adjusting, prorating, pooling, or liquidating the indebtedness of a debtor  whereby 
108.15 	a debt management services provider assists in managing the financial affairs of a debtor 
108.16 	by distributing periodic payments to the debtor's creditors from funds that the debt 
108.17 	management services provider receives from the debtor and where the primary purpose 
108.18 	of the services is to effect repayment of debt incurred primarily for personal, family, or 
108.19 	household services. 
108.20 	Any person so engaged or holding out as so engaged is deemed to be engaged in the 
108.21 	provision of debt management services regardless of whether or not a fee is charged for 
108.22 	such services.

108.23 	Sec. 11. Minnesota Statutes 2008, section 332A.02, subdivision 10, is amended to read:
108.24 		Subd. 10.Debtor. "Debtor" means the person for whom the debt prorating service 
108.25 	is management services are performed.

108.26 	Sec. 12. Minnesota Statutes 2008, section 332A.02, subdivision 13, is amended to read:
108.27 		Subd. 13.Debt settlement services provider. "Debt settlement services provider" 
108.28 	means any person engaging in or holding out as engaging in the business of negotiating, 
108.29 	adjusting, or settling debt incurred primarily for personal, family, or household purposes 
108.30 	without holding or receiving the debtor's funds or personal property and without paying 
108.31 	the debtor's funds to, or distributing the debtor's property among, creditors has the 
108.32 	meaning given in section 332B.02, subdivision 11. The term shall not include persons 
108.33 	listed in subdivision 8, clauses (1) to (10).

109.1 	Sec. 13. Minnesota Statutes 2008, section 332A.04, subdivision 6, is amended to read:
109.2 		Subd. 6.Right of action on bond. If the registrant has failed to account to a debtor 
109.3 	or distribute to the debtor's creditors the amounts required by this chapter and, or has 
109.4 	failed to perform any of the services promised in  the debt management services agreement 
109.5 	between the debtor and registrant, the registrant is in default. The debtor or the debtor's 
109.6 	legal representative or receiver, the commissioner, or the attorney general, shall have, in 
109.7 	addition to all other legal remedies, a right of action in the name of the debtor on the bond 
109.8 	or the security given under this section, for loss suffered by the debtor, not exceeding the 
109.9 	face amount of the bond or security, and without the necessity of joining the registrant 
109.10 	in the suit or action based on the default.

109.11 	Sec. 14. Minnesota Statutes 2008, section 332A.08, is amended to read:
109.12 	332A.08 DENIAL OF REGISTRATION.
109.13 	The commissioner, with notice to the applicant by certified mail sent to the address 
109.14 	listed on the application, may deny an application for a registration upon finding that 
109.15 	the applicant:
109.16 	(1) has submitted an application required under section 332A.04 that contains 
109.17 	incorrect, misleading, incomplete, or materially untrue information. An application is 
109.18 	incomplete if it does not include all the information required in section 332A.04;
109.19 	(2) has failed to pay any fee or pay or maintain any bond required by this chapter, 
109.20 	or failed to comply with any order, decision, or finding of the commissioner made under 
109.21 	and within the authority of this chapter;
109.22 	(3) has violated any provision of this chapter or any rule or direction lawfully made 
109.23 	by the commissioner under and within the authority of this chapter;
109.24 	(4) or any controlling or affiliated party has ever been convicted of a crime or found 
109.25 	civilly liable for an offense involving moral turpitude, including forgery, embezzlement, 
109.26 	obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any 
109.27 	other similar offense or violation, or any violation of a federal or state law or regulation 
109.28 	in connection with activities relating to the rendition of debt management services or 
109.29 	any consumer fraud, false advertising, deceptive trade practices, or similar consumer 
109.30 	protection law;
109.31 	(5) has had a registration or license previously revoked or suspended in this state or 
109.32 	any other state or the applicant or licensee has been permanently or temporarily enjoined 
109.33 	by any court of competent jurisdiction from engaging in or continuing any conduct or 
109.34 	practice involving any aspect of the debt management services provider business; or 
109.35 	any controlling or affiliated party has been an officer, director, manager, or shareholder 
110.1 	owning more than a ten percent interest in a debt management services provider whose 
110.2 	registration has previously been revoked or suspended in this state or any other state, or 
110.3 	who has been permanently or temporarily enjoined by any court of competent jurisdiction 
110.4 	from engaging in or continuing any conduct or practice involving any aspect of the debt 
110.5 	management services provider business;
110.6 	(6) has made any false statement or representation to the commissioner;
110.7 	(7) is insolvent;
110.8 	(8) refuses to fully comply with an investigation or examination of the debt 
110.9 	management services provider by the commissioner;
110.10 	(9) has improperly withheld, misappropriated, or converted any money or properties 
110.11 	received in the course of doing business;
110.12 	(10) has failed to have a trust account with an actual cash balance equal to or greater 
110.13 	than the sum of the escrow balances of each debtor's account;
110.14 	(11) has defaulted in making payments to creditors on behalf of debtors as required 
110.15 	by agreements between the provider and debtor; or
110.16 	(12) has used fraudulent, coercive, or dishonest practices, or demonstrated 
110.17 	incompetence, untrustworthiness, or financial irresponsibility in this state or elsewhere; or
110.18 	(13) has been shown to have engaged in a pattern of failing to perform the services 
110.19 	promised.

110.20 	Sec. 15. Minnesota Statutes 2008, section 332A.10, is amended to read:
110.21 	332A.10 WRITTEN DEBT MANAGEMENT SERVICES AGREEMENT.
110.22 		Subdivision 1.Written agreement required. (a) A debt management services 
110.23 	provider may not perform any debt management services or receive any money related 
110.24 	to a debt management services plan until the provider has obtained a debt management 
110.25 	services agreement that contains all  terms of the agreement between the debt management 
110.26 	services provider and the debtor.
110.27 	(b) A debt management services agreement must:
110.28 	(1) be in writing, dated, and signed by the debt management services provider and 
110.29 	the debtor;
110.30 	(2) conspicuously indicate whether or not the debt management services provider 
110.31 	is registered with the Minnesota Department of Commerce and include any registration 
110.32 	number; and
110.33 	(3) be written in the debtor's primary language if the debt management services 
110.34 	provider advertised in that language. 
111.1 	(c) The registrant must furnish the debtor with a copy of the signed contract upon 
111.2 	execution.
111.3 		Subd. 2.Actions prior to written agreement. No person may provide debt 
111.4 	management services for a debtor or execute a debt management services agreement 
111.5 	unless the person first has:
111.6 	(1) provided the debtor individualized counseling and educational information 
111.7 	that, at a minimum, addresses managing household finances, managing credit and debt, 
111.8 	budgeting, and personal savings strategies;
111.9 	(2) prepared in writing and provided to the debtor, in a form that the debtor may 
111.10 	keep, an individualized financial analysis and a proposed debt management services 
111.11 	plan listing the debtor's known debts with specific recommendations regarding actions 
111.12 	the debtor should take to reduce or eliminate the amount of the debts, including written 
111.13 	disclosure that debt management services are not suitable for all debtors and that there are 
111.14 	other ways, including bankruptcy, to deal with indebtedness;
111.15 	(3) made a determination supported by an individualized financial analysis that the 
111.16 	debtor can reasonably meet the requirements of the proposed debt management services 
111.17 	plan and that there is a net tangible benefit to the debtor of entering into the proposed debt 
111.18 	management services plan; and
111.19 	(4) prepared, in a form the debtor may keep, a written list identifying all known 
111.20 	creditors of the debtor that the provider reasonably expects to participate in the plan 
111.21 	and the creditors, including secured creditors, that the provider reasonably expects not 
111.22 	to participate; and
111.23 	(5) disclosed, in addition to the written disclosure on the agreement required under 
111.24 	subdivision 1, whether or not the debt management services provider is registered with the 
111.25 	Minnesota Department of Commerce and any registration number.
111.26 		Subd. 3.Required terms provisions. (a) Each debt management services 
111.27 	agreement must contain the following terms provisions, which must be disclosed 
111.28 	prominently and clearly in bold print on the front page of the agreement, segregated by 
111.29 	bold lines from all other information on the page:
111.30 	(1) the origination fee amount to be paid by the debtor and whether all or a portion 
111.31 	of the initial origination fee amount is refundable or nonrefundable;
111.32 	(2) the monthly fee amount or percentage to be paid by the debtor; and
111.33 	(3) the total amount of fees reasonably anticipated to be paid by the debtor over 
111.34 	the term of the agreement.
111.35 	(b) Each debt management services agreement must also contain the following:
112.1 	(1) a disclosure that if the amount of debt owed is increased by interest, late fees, 
112.2 	over the limit fees, and other amounts imposed by the creditors, the length of the debt 
112.3 	management services agreement will be extended and remain in force and that the total 
112.4 	dollar charges agreed upon may increase at the rate agreed upon in the original contract 
112.5 	agreement;
112.6 	(2) a prominent statement describing the terms upon which the debtor may cancel 
112.7 	the contract as set forth in section 332A.11;
112.8 	(3) a detailed description of all services to be performed by the debt management 
112.9 	services provider for the debtor;
112.10 	(4) the debt management services provider's refund policy; and
112.11 	(5) the debt management services provider's principal business address and the name 
112.12 	and address of its agent in this state authorized to receive service of process.
112.13 		Subd. 4.Prohibited terms. The following terms shall not be included in the debt 
112.14 	management services agreement:
112.15 	(1) a hold harmless clause;
112.16 	(2) a confession of judgment, or a power of attorney to confess judgment against the 
112.17 	debtor or appear as the debtor in any judicial proceeding;
112.18 	(3) a waiver of the right to a jury trial, if applicable, in any action brought by 
112.19 	or against a debtor;
112.20 	(4) an assignment of or an order for payment of wages or other compensation for 
112.21 	services;
112.22 	(5) a provision in which the debtor agrees not to assert any claim or defense arising 
112.23 	out of the debt management services agreement;
112.24 	(6) a waiver of any provision of this chapter or a release of any obligation required 
112.25 	to be performed on the part of the debt management services provider; or
112.26 	(7) a mandatory arbitration or choice of law clause.
112.27 		Subd. 5. New debt management services agreements; modification of existing 
112.28 	agreements. (a) Separate and additional debt management services agreements that 
112.29 	comply with this chapter may be entered into by the debt management services provider 
112.30 	and the debtor provided that no additional initial origination fee may be charged by the 
112.31 	debt management services provider. 
112.32 	(b) Any modification of an existing debt management services agreement, including 
112.33 	any increase in the number or amount of debts included in the debt management service
112.34 	services agreement, must be in writing and signed by both parties, except that the signature 
112.35 	of the debtor is not required if: 
113.1 	(1) a creditor is added to or deleted from a debt management services agreement 
113.2 	at the request of the debtor or a debtor voluntarily increases the amount of a payment, 
113.3 	provided the debt management services provider must provide an updated payment 
113.4 	schedule to the debtor within seven days; or 
113.5 	(2) the payment amount to a creditor in the agreement increases by $10 or less 
113.6 	and the total payment amount to all creditors increases a total of $20 or less as a result 
113.7 	of incorrect or incomplete information provided by the debtor regarding the amount of 
113.8 	debt owed a creditor, provided the debt management services provider must notify the 
113.9 	debtor of the increase within seven days. 
113.10 	No fees, charges, or other consideration may be demanded from the debtor for 
113.11 	the modification, other than an increase in the amount of the monthly maintenance fee 
113.12 	established in the original debt management services agreement. 

113.13 	Sec. 16. Minnesota Statutes 2008, section 332A.11, subdivision 2, is amended to read:
113.14 		Subd. 2.Notice of debtor's right to cancel. A debt management services 
113.15 	agreement must contain, on its face, in an easily readable typeface type immediately 
113.16 	adjacent to the space for signature by the debtor, the following notice: "Right To Cancel: 
113.17 	You have the right to cancel this contract at any time on ten days' written notice." 

113.18 	Sec. 17. Minnesota Statutes 2008, section 332A.14, is amended to read:
113.19 	332A.14 PROHIBITIONS.
113.20 	A registrant (a) No debt management services provider shall not:
113.21 	(1) purchase from a creditor any obligation of a debtor;
113.22 	(2) use, threaten to use, seek to have used, or seek to have threatened the use of any 
113.23 	legal process, including but not limited to garnishment and repossession of personal 
113.24 	property, against any debtor while the debt management services agreement between the 
113.25 	registrant and the debtor remains executory;
113.26 	(3) advise, counsel, or encourage a debtor to stop paying a creditor until a debt 
113.27 	management services plan is in place, or imply, infer, encourage, or in any other way 
113.28 	indicate, that it is advisable to stop paying a creditor;
113.29 	(4) sanction or condone the act by a debtor of ceasing payments or imply, infer, 
113.30 	or in any manner indicate that the act of ceasing payments is advisable or beneficial to 
113.31 	the debtor;
113.32 	(4) (5) require as a condition of performing debt management services the purchase 
113.33 	of any services, stock, insurance, commodity, or other property or any interest therein 
113.34 	either by the debtor or the registrant;
114.1 	(5) (6) compromise any debts unless the prior written approval of the debtor has 
114.2 	been obtained to such compromise and unless such compromise inures solely to the 
114.3 	benefit of the debtor;
114.4 	(6) (7) receive from any debtor as security or in payment of any fee a promissory 
114.5 	note or other promise to pay or any mortgage or other security, whether as to real or 
114.6 	personal property;
114.7 	(7) (8) lend money or provide credit to any debtor if any interest or fee is charged, 
114.8 	or directly or indirectly collect any fee for referring, advising, procuring, arranging, or 
114.9 	assisting a consumer in obtaining any extension of credit or other debtor service from a 
114.10 	lender or debt management services provider;
114.11 	(8) (9) structure a debt management services agreement that would result in negative 
114.12 	amortization of any debt in the plan;
114.13 	(9) (10) engage in any unfair, deceptive, or unconscionable act or practice in 
114.14 	connection with any service provided to any debtor;
114.15 	(10) (11) offer, pay, or give any material cash fee, gift, bonus, premium, reward, or 
114.16 	other compensation to any person for referring any prospective customer to the registrant 
114.17 	or for enrolling a debtor in a debt management services plan, or provide any other 
114.18 	incentives for employees or agents of the debt management services provider to induce 
114.19 	debtors to enter into a debt management services plan;
114.20 	(11) (12) receive any cash, fee, gift, bonus, premium, reward, or other compensation 
114.21 	from any person other than the debtor or a person on the debtor's behalf in connection 
114.22 	with activities as a registrant, provided that this paragraph does not apply to a registrant 
114.23 	which is a bona fide nonprofit corporation duly organized under chapter 317A or under 
114.24 	the similar laws of another state;
114.25 	(12) (13) enter into a contract with a debtor unless a thorough written budget analysis 
114.26 	indicates that the debtor can reasonably meet the requirements of the financial adjustment 
114.27 	plan and will be benefited by the plan;
114.28 	(13) (14) in any way charge or purport to charge or provide any debtor credit 
114.29 	insurance in conjunction with any contract or agreement involved in the debt management 
114.30 	services plan;
114.31 	(14) (15) operate or employ a person who is an employee or owner of a collection 
114.32 	agency or process-serving business; or
114.33 	(15) (16) solicit, demand, collect, require, or attempt to require payment of a sum 
114.34 	that the registrant states, discloses, or advertises to be a voluntary contribution to a debt 
114.35 	management services provider or designee from the debtor.

115.1 	Sec. 18. [332B.02] DEFINITIONS.
115.2 		Subdivision 1.Scope. Unless a different meaning is clearly indicated by the context, 
115.3 	for the purposes of this chapter, the terms defined in this section have the meanings given 
115.4 	them.
115.5 		Subd. 2.Advertise. "Advertise" means to solicit business through any means or 
115.6 	medium.
115.7 		Subd. 3.Aggregate debt. "Aggregate debt" means the total of principal and interest 
115.8 	that is owed by the debtor to the creditors at the time of execution of the debt settlement 
115.9 	agreement.
115.10 		Subd. 4.Attorney general. "Attorney general" means the attorney general of the 
115.11 	state of Minnesota.
115.12 		Subd. 5.Commissioner. "Commissioner" means the commissioner of commerce.
115.13 		Subd. 6.Controlling or affiliated party. "Controlling or affiliated party" means 
115.14 	any person or entity that controls or is controlled, directly or indirectly, or is under 
115.15 	common control with another person. Controlling or affiliated party includes, but is not 
115.16 	limited to, employees, officers, independent contractors, corporations, partnerships, and 
115.17 	limited liability corporations.
115.18 		Subd. 7.Creditor. "Creditor" means any party:
115.19 	(1) named by the debtor as a creditor in the debt settlement services plan or debt 
115.20 	settlement services agreement;
115.21 	(2) that acquires or holds the debt; or
115.22 	(3) to whom interactions with the debt settlement services is assigned in relation to 
115.23 	the debt listed in the debt settlement services plan or debt settlement services agreement.
115.24 		Subd. 8.Debt settlement services. "Debt settlement services" means any one or 
115.25 	more of the following activities:
115.26 	(1) offering to provide advice, or offering to act or acting as an intermediary between 
115.27 	a debtor and one or more of the debtor's creditors, where the primary purpose of the 
115.28 	advice or action is to obtain a settlement for less than the full amount of debt, whether 
115.29 	in principal, interest, fees, or other charges, incurred primarily for personal, family, or 
115.30 	household purposes including, but not limited to, offering debt negotiation, debt reduction, 
115.31 	or debt relief services; or
115.32 	(2) advising, encouraging, assisting, or counseling a debtor to accumulate funds in 
115.33 	an account for future payment of a reduced amount of debt to one or more of the debtor's 
115.34 	creditors.
116.1 	Any person so engaged or holding out as so engaged is deemed to be engaged in 
116.2 	the provision of debt settlement services, regardless of whether or not a fee is charged for 
116.3 	such services.
116.4 		Subd. 9.Debt settlement services agreement. "Debt settlement services 
116.5 	agreement" means the written contract between the debt settlement services provider 
116.6 	and the debtor.
116.7 		Subd. 10.Debt settlement services plan. "Debt settlement services plan" means 
116.8 	the debtor's individualized package of debt settlement services set forth in the debt 
116.9 	settlement services agreement.
116.10 		Subd. 11.Debt settlement services provider. "Debt settlement services provider" 
116.11 	means any person offering or providing debt settlement services to a debtor domiciled 
116.12 	in this state, regardless of whether or not a fee is charged for the services and regardless 
116.13 	of whether the person maintains a physical presence in the state. The term includes any 
116.14 	person to whom duties under a debt management agreement or debt management plan are 
116.15 	delegated, a lead generator, or any other person acting as an intermediary or referral agent 
116.16 	between a debtor and an entity actually providing debt settlement services. The term shall 
116.17 	not include persons listed in section 332A.02, subdivision 8, clauses (1) to (10).
116.18 		Subd. 12.Lead generator. "Lead generator" means a person that solicits debtors 
116.19 	to engage in debt settlement through mail, in-person, or electronic Web site-based 
116.20 	solicitation or any other means.
116.21 		Subd. 13.Person. "Person" means an individual, firm, partnership, association, 
116.22 	or corporation.
116.23 		Subd. 14.Registrant. "Registrant" means any person registered by the 
116.24 	commissioner pursuant to this chapter and, where used in conjunction with an act or 
116.25 	omission required or prohibited by this chapter, shall mean any person performing debt 
116.26 	settlement services.

116.27 	Sec. 19. [332B.03] REQUIREMENT OF REGISTRATION.
116.28 	On or after August 1, 2009, it is unlawful for any person, whether or not located 
116.29 	in this state, to operate as a debt settlement services provider or provide debt settlement 
116.30 	services including, but not limited to, offering, advertising, or executing or causing to be 
116.31 	executed any debt settlement services or debt settlement services agreement, except as 
116.32 	authorized by law, without first becoming registered as provided in this chapter. Debt 
116.33 	settlement services providers may continue to provide debt settlement services without 
116.34 	complying with this chapter to those debtors who entered into a contract to participate 
116.35 	in a debt settlement services plan prior to August 1, 2009, but may not enter into a debt 
117.1 	settlement services agreement with a debt on or after August 1, 2009, without complying 
117.2 	with this chapter.

117.3 	Sec. 20. [332B.04] REGISTRATION.
117.4 		Subdivision 1.Form. Application for registration to operate as a debt settlement 
117.5 	services provider in this state must be made in writing to the commissioner, under oath, in 
117.6 	the form prescribed by the commissioner, and must contain:
117.7 	(1) the full name of each principal of the entity applying;
117.8 	(2) the address, which must not be a post office box, and the telephone number and, 
117.9 	if applicable, the e-mail address, of the applicant;
117.10 	(3) consent to the jurisdiction of the courts of this state;
117.11 	(4) the name and address of the registered agent authorized to accept service of 
117.12 	process on behalf of the applicant or appointment of the commissioner as the applicant's 
117.13 	agent for purposes of accepting service of process;
117.14 	(5) disclosure of:
117.15 	(i) whether any controlling or affiliated party has ever been convicted of a crime 
117.16 	or found civilly liable for an offense involving moral turpitude, including forgery, 
117.17 	embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to 
117.18 	defraud, or any other similar offense or violation, or any violation of a federal or state 
117.19 	law or regulation in connection with activities relating to the rendition of debt settlement 
117.20 	services or involving any consumer fraud, false advertising, deceptive trade practices, or 
117.21 	similar consumer protection law;
117.22 	(ii) any judgments, private or public litigation, tax liens, written complaints, 
117.23 	administrative actions, or investigations by any government agency against the applicant 
117.24 	or any officer, director, manager, or shareholder owning more than five percent interest 
117.25 	in the applicant, unresolved or otherwise, filed or otherwise commenced within the 
117.26 	preceding ten years;
117.27 	(iii) whether the applicant or any person employed by the applicant has had a record 
117.28 	of having defaulted in the payment of money collected for others, including the discharge 
117.29 	of debts through bankruptcy proceedings; and
117.30 	(iv) whether the applicant's license or registration to provide debt settlement services 
117.31 	in any other state has ever been revoked or suspended;
117.32 	(6) a copy of the applicant's standard debt settlement services agreement that the 
117.33 	applicant intends to execute with debtors;
117.34 	(7) proof of accreditation; and
117.35 	(8) any other information and material as the commissioner may require.
118.1 	The commissioner may, for good cause shown, temporarily waive any requirement 
118.2 	of this subdivision.
118.3 		Subd. 2.Term and scope of registration. A registration is effective until 11:59 
118.4 	p.m. on December 31 of the year for which the application for registration is filed or until 
118.5 	it is surrendered by the registrant or revoked or suspended by the commissioner. The 
118.6 	registration is limited solely to the business of providing debt settlement services.
118.7 		Subd. 3.Fees; bond. An applicant for registration as a debt settlement services 
118.8 	provider must comply with the requirements of section 332A.04, subdivisions 3, 4, and 5.
118.9 		Subd. 4.Right of action on bond. If the registrant has failed to account to a debtor, 
118.10 	or has failed to perform any of the services promised, the registrant is in default. The 
118.11 	debtor or the debtor's legal representative or receiver, the commissioner, or the attorney 
118.12 	general, shall have, in addition to all other legal remedies, a right of action in the name of 
118.13 	the debtor on the bond or the security given under this section, for loss suffered by the 
118.14 	debtor, not exceeding the face amount of the bond or security, and without the necessity of 
118.15 	joining the registrant in the suit or action based on the default.
118.16 		Subd. 5.Registrant list. The commissioner must maintain a list of registered debt 
118.17 	settlement services providers. The list must be made available to the public in written 
118.18 	form upon request and on the Department of Commerce Web site.
118.19 		Subd. 6.Renewal of registration. Each year, each registrant under the provisions 
118.20 	of this chapter must not, more than 60 nor less than 30 days before its registration is to 
118.21 	expire, apply to the commissioner for renewal of its registration on a form prescribed by 
118.22 	the commissioner. The application must be signed by the registrant under penalty of 
118.23 	perjury, contain current information on all matters required in the original application, and 
118.24 	be accompanied by a payment of $250. The registrant must maintain a continuous surety 
118.25 	bond that satisfies the requirements of section 332A.04, subdivision 4. The renewal is 
118.26 	effective for one year. The commissioner may, for good cause shown, temporarily waive 
118.27 	any requirement of this section.

118.28 	Sec. 21. [332B.05] DENIAL, SUSPENSION, REVOCATION, OR 
118.29 	NONRENEWAL OF REGISTRATION.
118.30 		Subdivision 1.Denial. The commissioner, with notice to the applicant by certified 
118.31 	mail sent to the address listed on the application, may deny an application for a registration 
118.32 	for any of the reasons specified under section 332A.08.
118.33 		Subd. 2.Suspension, revocation, or nonrenewal. The commissioner may suspend, 
118.34 	revoke, or refuse to renew any registration issued under this chapter, or may levy a civil 
118.35 	penalty under section 45.027, or any combination of actions, if the debt settlement services 
119.1 	provider or any controlling or affiliated person has committed any act or omission for 
119.2 	which the commissioner could have refused to issue an initial registration.
119.3 		Subd. 3.Procedure. Suspension, revocation, or nonrenewal must be upon notice 
119.4 	and under the conditions prescribed in section 332A.09, subdivision 1. Upon issuance of 
119.5 	an order suspending, revoking, or refusing to renew a registration, the commissioner:
119.6 	(1) shall follow the procedure established in section 332A.09, subdivision 2; and
119.7 	(2) may follow the procedure specified in section 332A.09, subdivision 3, concerning 
119.8 	the appointment of a receiver for funds of sanctioned registrants.

119.9 	Sec. 22. [332B.06] WRITTEN DEBT SETTLEMENT SERVICES AGREEMENT; 
119.10 	DISCLOSURES; TRUST ACCOUNT.
119.11 		Subdivision 1.Written agreement required. (a) A debt settlement services 
119.12 	provider may not perform, or impose any charges or receive any payment for, any debt 
119.13 	settlement services until the provider and the debtor have executed a debt settlement 
119.14 	services agreement that contains all terms of the agreement between the debt settlement 
119.15 	services provider and the debtor and complies with all the applicable requirements of 
119.16 	this chapter.
119.17 	(b) A debt settlement services agreement must:
119.18 	(1) be in writing, dated, and signed by the debt settlement services provider and 
119.19 	the debtor;
119.20 	(2) conspicuously indicate whether or not the debt settlement services provider is 
119.21 	registered with the Minnesota Department of Commerce and include any registration 
119.22 	number; and
119.23 	(3) be written in the debtor's primary language if the debt settlement services 
119.24 	provider advertises in that language.
119.25 	(c) The registrant must furnish the debtor with a copy of the signed contract upon 
119.26 	execution.
119.27 		Subd. 2.Actions prior to executing a written agreement. No person may provide 
119.28 	debt settlement services for a debtor or execute a debt settlement services agreement 
119.29 	unless the person first has: 
119.30 	(1) provided the debtor individualized counseling that, at a minimum, addresses 
119.31 	managing household finances, managing credit and debt, budgeting, personal savings 
119.32 	strategies, and a detailed description of all the various ways to reduce or eliminate the 
119.33 	debt, which must, at a minimum, include bankruptcy; and
119.34 	(2) prepared in writing and provided to the debtor, in a form the debtor may keep, 
119.35 	an individualized financial analysis of the debtor's financial circumstances, including 
120.1 	income and liabilities, and made a determination supported by the individualized financial 
120.2 	analysis that:
120.3 	(i) the debt settlement plan proposed for addressing the debt is suitable for the 
120.4 	individual debtor;
120.5 	(ii) the debtor can reasonably meet the requirements of the proposed debt settlement 
120.6 	services plan; and
120.7 	(iii) there is a net tangible benefit to the debtor of entering into the proposed debt 
120.8 	settlement services plan.
120.9 		Subd. 3.Determination concerning creditor participation. (a) Before executing a 
120.10 	debt settlement services agreement or providing any services, a debt settlement services 
120.11 	provider must make a determination, supported by sufficient bases, which creditors listed 
120.12 	by the debtor are reasonably likely, and which are not reasonably likely, to participate in 
120.13 	the debt settlement services plan set forth in the debt settlement services agreement.
120.14 	(b) A debt settlement provider must make personal or written contact with a creditor 
120.15 	to determine the reasonable likelihood of participation or nonparticipation of the creditor, 
120.16 	unless the debt settlement services provider:
120.17 	(1) has written confirmation from the creditor that the creditor and the debt 
120.18 	settlement services provider are currently engaged in negotiations to settle a debt for 
120.19 	another debtor; or
120.20 	(2) can produce evidence that the provider and the creditor have entered into a 
120.21 	settlement of a debt within the prior six months.
120.22 	(c) A debt settlement services provider has a defense against a claim that no 
120.23 	sufficient basis existed to make a determination that a creditor was likely to participate if, 
120.24 	at the time the determination was made, the debt settlement services provider can produce:
120.25 	(1) written confirmation from the creditor that the creditor and the debt settlement 
120.26 	services provider were currently engaged in negotiations to settle a debt for another 
120.27 	debtor; or
120.28 	(2) evidence that the provider and the creditor had entered into a settlement of a debt 
120.29 	within the six months prior to the date of the determination.
120.30 	(d) The debt settlement services provider must notify the debtor as soon as 
120.31 	practicable after the provider has made a determination on the likelihood of participation 
120.32 	or nonparticipation of all the creditors listed for inclusion in the debt settlement services 
120.33 	agreement or debt settlement services plan. If not all creditors listed in the debt settlement 
120.34 	services agreement are reasonably likely to participate in the debt settlement services 
120.35 	plan, the debt settlement services provider must obtain the written authorization from the 
121.1 	debtor to proceed with the debt settlement services agreement without the participation of 
121.2 	all listed creditors.
121.3 		Subd. 4.Disclosures. (a) A person offering to provide or providing debt settlement 
121.4 	services must disclose both orally and in writing whether or not the person is registered 
121.5 	with the Minnesota Department of Commerce and any registration number.
121.6 	(b) No person may provide debt settlement services unless the person first has 
121.7 	provided, both orally and in writing, on a single sheet of paper, separate from any other 
121.8 	document or writing, the following verbatim notice:
121.9 	WARNING
121.10 	We CANNOT GUARANTEE that you will successfully reduce or eliminate your 
121.11 	debt.
121.12 	If you stop paying your creditors, there is a strong likelihood some or all of the 
121.13 	following may happen:
121.14 	• (1) YOUR WAGES OR BANK ACCOUNT MAY STILL BE GARNISHED.
121.15 	• (2) YOU MAY STILL BE CONTACTED BY CREDITORS.
121.16 	• (3) YOU MAY STILL BE SUED BY CREDITORS for the money you owe.
121.17 	• (4) FEES, INTEREST, AND OTHER CHARGES WILL CONTINUE TO MOUNT 
121.18 	UP DURING THE (INSERT NUMBER) MONTHS THIS PLAN IS IN EFFECT.
121.19 	Even if we do settle your debt, YOU MAY STILL HAVE TO PAY TAXES on 
121.20 	the amount forgiven.
121.21 	Your credit rating may be adversely affected.
121.22 	(c) The heading, "WARNING," must be in bold, underlined, 28-point type, and the 
121.23 	remaining text must be in 14-point type, with a double space between each statement.
121.24 	(d) The disclosure and notice required under this subdivision must be provided in 
121.25 	the debtor's primary language if the debt settlement provider advertises in that language.
121.26 		Subd. 5.Required information. (a) Each debt settlement services agreement must 
121.27 	contain the following information, which must be disclosed prominently and clearly in 
121.28 	bold print on the front page of the agreement, segregated by bold lines from all other 
121.29 	information on the page:
121.30 	(1) the origination fee amount to be paid by the debtor and whether all or part of the 
121.31 	origination fee is refundable or nonrefundable; and
121.32 	(2) the service fee formula and the total amount of service fees reasonably 
121.33 	anticipated to be paid by the debtor over the term of the agreement.
121.34 	(b) Each debt settlement services agreement must also contain the following:
121.35 	(1) a prominent statement describing the terms upon which the debtor may cancel 
121.36 	the contract as set forth in section 332B.07;
122.1 	(2) a detailed description of all services to be performed by the debt settlement 
122.2 	services provider for the debtor;
122.3 	(3) the debt settlement services provider's refund policy;
122.4 	(4) the debt settlement services provider's principal business address, which must 
122.5 	not be a post office box, and the name and address of its agent in this state authorized to 
122.6 	receive service of process; and
122.7 	(5) the name of each creditor the debtor has listed and the aggregate debt owed to 
122.8 	each creditor that will be the subject of settlement.
122.9 		Subd. 6.Prohibited terms. A debt settlement services agreement may not contain 
122.10 	any of the terms prohibited under section 332A.10, subdivision 4.
122.11 		Subd. 7.New debt settlement services agreements; modifications of existing 
122.12 	agreements. (a) Separate and additional debt settlement services agreements that comply 
122.13 	with this chapter may be entered into by the debt settlement services provider and the 
122.14 	debtor, provided that no additional origination fee may be charged by the debt settlement 
122.15 	services provider.
122.16 	(b) Any modification of an existing debt settlement services agreement, including 
122.17 	any increase in the number or amount of debts included in the debt settlement services 
122.18 	agreement, must be in writing and signed by both parties. No fee may be charged to 
122.19 	modify an existing agreement.
122.20 		Subd. 8. Funds held in trust. Debtor funds may be temporarily held in trust for the 
122.21 	purpose of writing exchange checks. If the registrant temporarily holds debtor funds, the 
122.22 	registrant must maintain a separate trust account, except that the registrant may commingle 
122.23 	debtor funds with the registrant's own funds, in the form of an interest fund, to the extent 
122.24 	necessary to ensure maintenance of a minimum balance, if the financial institution at 
122.25 	which the trust account is held requires a minimum balance to avoid the assessment of 
122.26 	fees or penalties for failure to maintain a minimum balance.

122.27 	Sec. 23. [332B.07] RIGHT TO CANCEL.
122.28 		Subdivision 1.Debtor's right to cancel. (a) A debtor has the right to cancel a debt 
122.29 	settlement services agreement without cause at any time upon ten days' written notice 
122.30 	to the debt settlement services provider.
122.31 	(b) In the event of cancellation, the debt settlement services provider must, within 
122.32 	ten days of the cancellation, notify the debtor's creditors of the cancellation and provide 
122.33 	a refund of all funds paid by or for the debtor to the debt settlement services provider, 
122.34 	except for the origination fee specified in section 332B.09, subdivision 1.
123.1 		Subd. 2.Notice of debtor's right to cancel. A debt settlement services agreement 
123.2 	must contain, on its face, in an easily readable type immediately adjacent to the space for 
123.3 	signature by the debtor, the following notice: "Right to Cancel: You have the right to 
123.4 	cancel this contract at any time on ten days' written notice."
123.5 		Subd. 3.Automatic termination. Upon the payment of all listed or settled debts 
123.6 	and fees, the debt settlement services agreement must automatically terminate, and all 
123.7 	unexpended funds paid by or for the debtor to the debt settlement services provider must 
123.8 	be immediately returned to the debtor.
123.9 		Subd. 4.Debt settlement services provider's right to cancel. (a) A debt settlement 
123.10 	services provider may cancel a debt settlement services agreement with good cause upon 
123.11 	30 days' written notice to the debtor.
123.12 	(b) Within ten days after the cancellation, the debt settlement services provider must:
123.13 	(1) notify the debtor's creditors of the cancellation; and
123.14 	(2) return to the debtor all funds paid by or for the debtor to the debt settlement 
123.15 	provider, except for the origination fee specified in section 332B.09, subdivision 1.

123.16 	Sec. 24. [332B.08] BOOKS, RECORDS, AND INFORMATION.
123.17 		Subdivision 1.Records retention; annual report. Every registrant must keep, and 
123.18 	use in the registrant's business, such books, accounts, and records, including electronic 
123.19 	records, as will enable the commissioner to determine whether the registrant is complying 
123.20 	with this chapter and the rules, orders, and directives adopted by the commissioner under 
123.21 	this chapter. Every registrant must preserve such books, accounts, and records for at least 
123.22 	six years after making the final entry on any transaction recorded therein. Examinations 
123.23 	of the books, records, and method of operations conducted under the supervision of the 
123.24 	commissioner shall be done at the cost of the registrant. The cost must be assessed as 
123.25 	determined under section 46.131.
123.26 		Subd. 2.Annual report. On or before March 15 of each calendar year, each 
123.27 	registrant must file a report with the commissioner containing such information as the 
123.28 	commissioner may require about the preceding calendar year. The report must be in a 
123.29 	form the commissioner prescribes.
123.30 		Subd. 3.Statements to debtors. (a) Each registrant must:
123.31 	(1) maintain and make available records and accounts that will enable each debtor to 
123.32 	ascertain the amounts paid to the creditors of the debtor. A statement showing amounts 
123.33 	received from the debtor, disbursements to each creditor, amounts that any creditor has 
123.34 	agreed to as payment in full for any debt owed the creditor by the debtor, charges deducted 
123.35 	by the registrant, and other information as the commissioner may prescribe, must be 
124.1 	furnished by the registrant to the debtor at least monthly and, in addition, upon any 
124.2 	cancellation or termination of the contract;
124.3 	(2) include in the statement furnished to debtors a list of all activities conducted 
124.4 	pursuant to the contract, including the number and description of communications with 
124.5 	each creditor during the reporting period; and
124.6 	(3) prepare and retain in the file of each debtor a written analysis of the debtor's 
124.7 	income and expenses to substantiate that the plan of payment is feasible and practicable.
124.8 	(b) Each debtor must have reasonable access, without cost, by electronic or other 
124.9 	means, to information in the registrant's files applicable to the debtor. These statements, 
124.10 	records, and accounts must otherwise remain confidential, except for duly authorized 
124.11 	state and government officials, the commissioner, the attorney general, the debtor, and 
124.12 	the debtor's representative and designees.

124.13 	Sec. 25. [332B.09] FEES; WITHDRAWAL OF CREDITORS.
124.14 		Subdivision 1.Origination fee. A debt settlement services provider may charge a 
124.15 	nonrefundable origination fee of not more than $500.
124.16 		Subd. 2.Monthly fee. In addition to the origination fee under subdivision 1, a debt 
124.17 	settlement services provider may, beginning in the fourth month after the execution of the 
124.18 	debt settlement services agreement, charge a monthly fee of up to $50:
124.19 	(1) for the first two years that the debt settlement services agreement is in effect if 
124.20 	the aggregate debt is $20,000 or less; or
124.21 	(2) for the first three years that the debt settlement services agreement is in effect if 
124.22 	the aggregate debt is more than $20,000.
124.23 		Subd. 3.Settlement fee. (a) A debt settlement services provider may charge a 
124.24 	settlement fee equal to ten percent of the savings actually negotiated by the debt settlement 
124.25 	services provider. The savings shall be calculated as the difference between the aggregate 
124.26 	debt that is stated in the debt settlement services agreement at the time of its execution 
124.27 	and total amount that the debtor actually pays to settle all the debts stated in the debt 
124.28 	settlement services agreement, provided that only savings resulting from concessions 
124.29 	actually negotiated by the debt settlement services provider may be counted.
124.30 	(b) If a written offer of settlement is made by a creditor but rejected by the debtor, 
124.31 	a debt settlement services provider may charge a settlement fee equal to ten percent of 
124.32 	the potential savings. The potential savings shall be calculated as the difference between 
124.33 	the aggregate debt that is stated in the debt settlement services agreement at the time of 
124.34 	its execution and written settlement offer from the creditor, provided that only savings 
125.1 	resulting from proposed concessions actually negotiated by the debt settlement services 
125.2 	provider may be counted.
125.3 	(c) No other fees may be charged.
125.4 		Subd. 4.Collection of fees. No debt settlement services provider may claim, 
125.5 	demand, charge, collect, or receive any compensation until after the debt settlement 
125.6 	service provider has fully performed each and every service the provider has contracted to 
125.7 	perform or represented would be performed or as otherwise provided in this section.
125.8 		Subd. 5.Withdrawal of creditor. Whenever a creditor withdraws from a debt 
125.9 	settlement services plan, the debt settlement services provider must promptly notify the 
125.10 	debtor of the withdrawal, identify the creditor, and inform the debtor of the right to cancel 
125.11 	the debt settlement services agreement. In no case may this notice be provided more 
125.12 	than 15 days after the debt settlement services provider learns of the creditor's decision 
125.13 	to withdraw from a plan.
125.14 		Subd. 6.Timely notification of settlement. A debt settlement services provider 
125.15 	must notify the debtor within 24 hours of settlement of a debt with a creditor.

125.16 	Sec. 26. [332B.10] PROHIBITIONS.
125.17 	No debt settlement services provider shall:
125.18 	(1) engage in any activity, act, or omission prohibited under section 332A.14;
125.19 	(2) promise, guarantee, or directly or indirectly imply, infer, or in any manner 
125.20 	represent that any debt will be settled prior to the presentation to the debtor of an offer by 
125.21 	the creditors participating in the debt settlement plan to settle;
125.22 	(3) misrepresent the timing of negotiations with creditors;
125.23 	(4) imply, infer, or in any manner represent that:
125.24 	(i) fees, interest, and other charges will not continue to accrue prior to the time 
125.25 	debts are settled;
125.26 	(ii) wages or bank accounts are not subject to garnishment;
125.27 	(iii) creditors will not continue to contact the debtor;
125.28 	(iv) the debtor is not subject to legal action; and
125.29 	(v) the debtor will not be subject to tax consequences for the portion of any debts 
125.30 	forgiven;
125.31 	(5) execute a power of attorney or any other agreement, oral or written, express 
125.32 	or implied, that extinguishes or limits the debtor's right at any time to contract or 
125.33 	communicate with any creditor or the creditor's right at any time to communicate with 
125.34 	the debtor;
126.1 	(6) exercise or attempt to exercise a power of attorney after an individual has 
126.2 	terminated an agreement;
126.3 	(7) state, imply, infer, or, in any other manner, indicate that entering into a debt 
126.4 	settlement services agreement or settling debts will either have no effect on, or improve, 
126.5 	the debtor's credit, credit rating, and credit score;
126.6 	(8) challenge a debt without the written consent of the debtor;
126.7 	(9) make any false or misleading claim regarding a creditor's right to collect a debt;
126.8 	(10) falsely represent that the debt settlement services provider can negotiate better 
126.9 	settlement terms with a creditor than the debtor alone can negotiate;
126.10 	(11) provide or offer to provide legal advice or legal services unless the person 
126.11 	providing or offering to provide legal advice is licensed to practice law in the state;
126.12 	(12) misrepresent that it is authorized or competent to furnish legal advice or 
126.13 	perform legal services; and
126.14 	(13) settle a debt or lead an individual to believe that a payment to a creditor is in 
126.15 	settlement of a debt to the creditor unless, at the time of settlement, the individual receives 
126.16 	a certification from the creditor that the payment is in full settlement of the debt.

126.17 	Sec. 27. [332B.11] ADVERTISEMENT OF DEBT SETTLEMENT SERVICES 
126.18 	PLAN.
126.19 	No debt settlement services provider may engage in any activity proscribed by 
126.20 	section 332A.16, or represent, claim, imply, or infer that secured debts may be settled.

126.21 	Sec. 28. [332B.12] DEBT SETTLEMENT SERVICES AGREEMENT 
126.22 	RESCISSION.
126.23 	Any debtor has the right to rescind any debt settlement services agreement with a 
126.24 	debt settlement services provider that commits a material violation of this chapter. On 
126.25 	rescission, all fees paid to the debt settlement services provider or any other person other 
126.26 	than creditors of the debtor must be returned to the debtor entering into the debt settlement 
126.27 	services agreement within ten days of rescission of the debt settlement services agreement.

126.28 	Sec. 29. [332B.13] ENFORCEMENT; REMEDIES.
126.29 		Subdivision 1.Violation as deceptive practice. A violation of any of the provisions 
126.30 	of this chapter is considered an unfair or deceptive trade practice under section 8.31, 
126.31 	subdivision 1. A private right of action under section 8.31 by an aggrieved debtor is in 
126.32 	the public interest.
127.1 		Subd. 2.Private right of action. (a) A debt settlement provider who fails to comply 
127.2 	with any of the provisions of this chapter is liable under this section in an individual 
127.3 	action for the sum of:
127.4 	(1) actual, incidental, and consequential damages sustained by the debtor as a result 
127.5 	of the failure; and
127.6 	(2) statutory damages of up to $5,000.
127.7 	(b) A debt settlement provider who fails to comply with any of the provisions of this 
127.8 	chapter is liable to the named plaintiffs under this section in a class action for the amount 
127.9 	that each named plaintiff could recover under paragraph (a), clause (1), and to the other 
127.10 	class members for such amount as the court may allow.
127.11 	(c) In determining the amount of statutory damages, the court shall consider, among 
127.12 	other relevant factors:
127.13 	(1) the frequency, nature, and persistence of noncompliance;
127.14 	(2) the extent to which the noncompliance was intentional; and
127.15 	(3) in the case of a class action, the number of debtors adversely affected.
127.16 	(d) A plaintiff or class successful in a legal or equitable action under this section is 
127.17 	entitled to the costs of the action, plus reasonable attorney fees.
127.18 		Subd. 3.Injunctive relief. A debtor may sue a debt settlement services provider 
127.19 	for temporary or permanent injunctive or other appropriate equitable relief to prevent 
127.20 	violations of any provision of this chapter. A court must grant injunctive relief on a 
127.21 	showing that the debt settlement services provider has violated any provision of this 
127.22 	chapter, or in the case of a temporary injunction, on a showing that the debtor is likely to 
127.23 	prevail on allegations that the debt settlement services provider violated any provision 
127.24 	of this chapter.
127.25 		Subd. 4.Remedies cumulative. The remedies provided in this section are 
127.26 	cumulative and do not restrict any remedy that is otherwise available. The provisions 
127.27 	of this chapter are not exclusive and are in addition to any other requirements, rights, 
127.28 	remedies, and penalties provided by law.
127.29 		Subd. 5.Public enforcement. The attorney general shall enforce this chapter 
127.30 	under section 8.31.

127.31 	Sec. 30. [332B.14] INVESTIGATIONS.
127.32 	At any reasonable time, the commissioner may examine the books and records of 
127.33 	every registrant and of any person engaged in the business of providing debt settlement 
127.34 	services. The commissioner, once during any calendar year, may require the submission 
127.35 	of an audit prepared by a certified public accountant of the books and records of each 
128.1 	registrant. If the registrant has, within one year previous to the commissioner's demand, 
128.2 	had an audit prepared for some other purpose, this audit may be submitted to satisfy the 
128.3 	requirement of this section. The commissioner may investigate any complaint concerning 
128.4 	violations of this chapter and may require the attendance and sworn testimony of witnesses 
128.5 	and the production of documents.

128.6 	ARTICLE 8
128.7 	MISCELLANEOUS PROVISIONS

128.8 	Section 1. [1.1499] STATE SPORT.
128.9 	Ice hockey is adopted as the official sport of the state of Minnesota.

128.10 	Sec. 2. Minnesota Statutes 2008, section 45.027, subdivision 1, is amended to read:
128.11 		Subdivision 1.General powers. In connection with the duties and responsibilities 
128.12 	entrusted to the commissioner, and Laws 1993, chapter 361, section 2, the commissioner 
128.13 	of commerce may:
128.14 	(1) make public or private investigations within or without this state as the 
128.15 	commissioner considers necessary to determine whether any person has violated or is 
128.16 	about to violate any law, rule, or order related to the duties and responsibilities entrusted 
128.17 	to the commissioner;
128.18 	(2) require or permit any person to file a statement in writing, under oath or otherwise 
128.19 	as the commissioner determines, as to all the facts and circumstances concerning the 
128.20 	matter being investigated;
128.21 	(3) hold hearings, upon reasonable notice, in respect to any matter arising out of the 
128.22 	duties and responsibilities entrusted to the commissioner;
128.23 	(4) conduct investigations and hold hearings for the purpose of compiling 
128.24 	information related to the duties and responsibilities entrusted to the commissioner;
128.25 	(5) examine the books, accounts, records, and files of every licensee, and of every 
128.26 	person who is engaged in any activity regulated; the commissioner or a designated 
128.27 	representative shall have free access during normal business hours to the offices and 
128.28 	places of business of the person, and to all books, accounts, papers, records, files, safes, 
128.29 	and vaults maintained in the place of business;
128.30 	(6) publish information which is contained in any order issued by the commissioner; 
128.31 	and
128.32 	(7) require any person subject to duties and responsibilities entrusted to the 
128.33 	commissioner, to report all sales or transactions that are regulated. The reports must 
128.34 	be made within ten days after the commissioner has ordered the report. The report is 
129.1 	accessible only to the respondent and other governmental agencies unless otherwise 
129.2 	ordered by a court of competent jurisdiction.; and
129.3 	(8) assess a licensee the necessary expenses of the investigation performed by the 
129.4 	department when an investigation is made by order of the commissioner. The cost of the 
129.5 	investigation shall be determined by the commissioner and is based on the salary cost 
129.6 	of investigators or assistants and at an average rate per day or fraction thereof so as to 
129.7 	provide for the total cost of the investigations. All money collected must be deposited into 
129.8 	the general fund. A natural person licensed under chapter 60K or 82 shall not be charged 
129.9 	costs of an investigation if the investigation results in no finding of a violation.

129.10 	Sec. 3. Minnesota Statutes 2008, section 115C.08, subdivision 4, is amended to read:
129.11 		Subd. 4.Expenditures. (a) Money in the fund may only be spent:
129.12 	(1) to administer the petroleum tank release cleanup program established in this 
129.13 	chapter;
129.14 	(2) for agency administrative costs under sections 116.46 to 116.50, sections 
129.15 	115C.03 to 115C.06, and costs of corrective action taken by the agency under section 
129.16 	115C.03, including investigations; 
129.17 	(3) for costs of recovering expenses of corrective actions under section 115C.04; 
129.18 	(4) for training, certification, and rulemaking under sections 116.46 to 116.50; 
129.19 	(5) for agency administrative costs of enforcing rules governing the construction, 
129.20 	installation, operation, and closure of aboveground and underground petroleum storage 
129.21 	tanks;
129.22 	(6) for reimbursement of the environmental response, compensation, and compliance 
129.23 	account under subdivision 5 and section 115B.26, subdivision 4; 
129.24 	(7) for administrative and staff costs as set by the board to administer the petroleum 
129.25 	tank release program established in this chapter;
129.26 	(8) for corrective action performance audits under section 115C.093; 
129.27 	(9) for contamination cleanup grants, as provided in paragraph (c); and
129.28 	(10) to assess and remove abandoned underground storage tanks under section 
129.29 	115C.094 and, if a release is discovered, to pay for the specific consultant and contractor 
129.30 	services costs necessary to complete the tank removal project, including, but not limited 
129.31 	to, excavation soil sampling, groundwater sampling, soil disposal, and completion of an 
129.32 	excavation report. 
129.33 	(b) Except as provided in paragraph (c), money in the fund is appropriated to the 
129.34 	board to make reimbursements or payments under this section.
130.1 	(c) $6,200,000 is annually appropriated from the fund to the commissioner of 
130.2 	employment and economic development for contamination cleanup grants under section 
130.3 	116J.554. Of this amount, the commissioner may spend up to $180,000 annually for 
130.4 	administration of the contamination cleanup grant program. The appropriation does not 
130.5 	cancel and is available until expended. The appropriation shall not be withdrawn from 
130.6 	the fund nor the fund balance reduced until the funds are requested by the commissioner 
130.7 	of employment and economic development. The commissioner shall schedule requests 
130.8 	for withdrawals from the fund to minimize the necessity to impose the fee authorized by 
130.9 	subdivision 2. Unless otherwise provided, the appropriation in this paragraph may be 
130.10 	used for: 
130.11 	(1) project costs at a qualifying site if a portion of the cleanup costs are attributable 
130.12 	to petroleum contamination or new and used tar and tar-like substances, including but not 
130.13 	limited to bitumen and asphalt, but excluding bituminous or asphalt pavement, that consist 
130.14 	primarily of hydrocarbons and are found in natural deposits in the earth or are distillates, 
130.15 	fractions, or residues from the processing of petroleum crude or petroleum products as 
130.16 	defined in section 296A.01; and
130.17 	(2) the costs of performing contamination investigation if there is a reasonable basis 
130.18 	to suspect the contamination is attributable to petroleum or new and used tar and tar-like 
130.19 	substances, including but not limited to bitumen and asphalt, but excluding bituminous or 
130.20 	asphalt pavement, that consist primarily of hydrocarbons and are found in natural deposits 
130.21 	in the earth or are distillates, fractions, or residues from the processing of petroleum crude 
130.22 	or petroleum products as defined in section 296A.01.

130.23 	Sec. 4. Minnesota Statutes 2008, section 116J.035, subdivision 1, is amended to read:
130.24 		Subdivision 1.Powers. (a) The commissioner may:
130.25 	(1) apply for, receive, and expend money from municipal, county, regional, and 
130.26 	other government agencies;
130.27 	(2) apply for, accept, and disburse grants and other aids from other public or private 
130.28 	sources;
130.29 	(3) contract for professional services if such work or services cannot be satisfactorily 
130.30 	performed by employees of the department or by any other state agency;
130.31 	(4) enter into interstate compacts to jointly carry out such research and planning with 
130.32 	other states or the federal government where appropriate;
130.33 	(5) distribute informational material at no cost to the public upon reasonable request; 
130.34 	and
131.1 	(6) enter into contracts necessary for the performance of the commissioner's duties 
131.2 	with federal, state, regional, metropolitan, local, and other agencies or units of government; 
131.3 	educational institutions, including the University of Minnesota. Contracts made pursuant 
131.4 	to this section shall not be subject to the competitive bidding requirements of chapter 16C.
131.5 	(b) The commissioner may apply for, receive, and expend money made available 
131.6 	from federal or other sources for the purpose of carrying out the duties and responsibilities 
131.7 	of the commissioner pursuant to this chapter.
131.8 	(c) All moneys received by the commissioner pursuant to this chapter shall be 
131.9 	deposited in the state treasury and, subject to section 3.3005, are appropriated to the 
131.10 	commissioner for the purpose for which the moneys have been received. The money shall 
131.11 	not cancel and shall be available until expended.

131.12 	Sec. 5. [116J.6581] MINNESOTA SCIENCE AND TECHNOLOGY ECONOMIC 
131.13 	DEVELOPMENT PROJECT.
131.14 	(a) The commissioner of employment and economic development shall lead a 
131.15 	public-private project with science and technology experts from public, academic, and 
131.16 	private sectors to advise state agency collaboration to design, coordinate, and administer a 
131.17 	strategic science and technology program for the state designed to promote the welfare of 
131.18 	the people of the state, maximize the economic growth of the state, and create and retain 
131.19 	jobs in the state's industrial base through enhancement of Minnesota's:
131.20 	(1) high technology research and development capabilities;
131.21 	(2) product and process innovation and commercialization;
131.22 	(3) high technology manufacturing capabilities;
131.23 	(4) science and technology business environment; and
131.24 	(5) science and technology workforce preparation.
131.25 	(b) Project membership shall consist of science and technology experts from 
131.26 	public, academic, and private sectors. A member must have a background in science or 
131.27 	technology in order to serve on the project. The project members shall consist of at least 
131.28 	13 members as follows:
131.29 	(1) a representative of the University of Minnesota;
131.30 	(2) a representative of Minnesota State Colleges and Universities;
131.31 	(3) the chief executive officer of Mayo Clinic or a designee; and
131.32 	(4) six chief executive officers or designees from science- or technology-oriented 
131.33 	companies and four representatives from science- and technology-oriented trade 
131.34 	organizations.
132.1 	(c) The commissioner of employment and economic development must report 
132.2 	by January 15, 2010, to the legislative committees having jurisdiction over science 
132.3 	and technology and economic development policy and finance on the activities of the 
132.4 	project and must recommend changes or additions to its organization, including specific 
132.5 	recommendations for necessary legislation.

132.6 	Sec. 6. [116J.997] PROGRAM ACCOUNTABILITY REQUIREMENTS.
132.7 		Subdivision 1.Accountability measurement. By October 1, 2009, the 
132.8 	commissioner of employment and economic development shall develop a uniform 
132.9 	accountability report for economic development or workforce related programs funded in 
132.10 	whole or in part by state or federal funds. The commissioner shall also develop a formula 
132.11 	for measuring the return on investment for each program and a comparison of the return 
132.12 	on investment of all programs funded in whole or in part by state or federal funds. The 
132.13 	requirements of this section apply to programs administered directly by the commissioner 
132.14 	or administered by other employment organizations under a grant made by the department. 
132.15 	The report and formula required by this subdivision shall be submitted to the chairs and 
132.16 	ranking minority members of the committees of the house of representatives and senate 
132.17 	having jurisdiction over economic development and workforce policy and finance by 
132.18 	October 15, 2009, for review and comment.
132.19 		Subd. 2.Report to the legislature. By December 31 of each even-numbered 
132.20 	year the commissioner must report to the chairs and the ranking minority members of 
132.21 	the committees of the house of representatives and the senate having jurisdiction over 
132.22 	economic development and workforce policy and finance the following information for 
132.23 	each program subject to the requirements of subdivision 1:
132.24 	(1) the target population;
132.25 	(2) the number of jobs affected by the program, including the number of net new 
132.26 	jobs created in the state and the average annual wage per job;
132.27 	(3) the number of individuals leaving the unemployment compensation program as 
132.28 	a result of the program;
132.29 	(4) the number of individuals leaving the Minnesota Family Investment Program 
132.30 	support as a result of the program;
132.31 	(5) the region of the state in which the program operated;
132.32 	(6) the amount of state or federal funds allocated to the program; and 
132.33 	(7) the return on investment as calculated by the formula developed by the 
132.34 	commissioner.
133.1 		Subd. 3.Report to the commissioner. A recipient of a grant made by or through 
133.2 	the department must report to the commissioner by September 1 of each even-numbered 
133.3 	year on each of the items in subdivision 2 for each program it administers. The report 
133.4 	must be in a format prescribed by the commissioner.
133.5 	Beginning November 1, 2009, the commissioner shall provide notice to grant 
133.6 	applicants and recipients regarding the data collection and reporting requirements under 
133.7 	this subdivision and must provide technical assistance to applicants and recipients to assist 
133.8 	in complying with the requirements of this subdivision.
133.9 		Subd. 4.Biennial budget request. The information collected and reported under 
133.10 	subdivisions 2 and 3 shall be included in budgets submitted to the legislature under 
133.11 	section 16A.11.

133.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

133.13 	Sec. 7. Minnesota Statutes 2008, section 129D.13, subdivision 1, is amended to read:
133.14 		Subdivision 1.Distribution. The commissioner shall distribute the money provided 
133.15 	by sections 129D.11 to 129D.13. Twice Annually the commissioner shall make block 
133.16 	grants which shall be distributed in equal amounts to public stations for operational costs. 
133.17 	The commissioner shall allocate money appropriated for the purposes of sections 129D.11
133.18 	to 129D.13 in such a manner that each eligible public station receives a block grant. In 
133.19 	addition, the commissioner shall make matching grants to public stations. Matching grants 
133.20 	shall be used for operational costs and shall be allocated using the procedure developed 
133.21 	for distribution of state money under this section for grants made in fiscal year 1979. No 
133.22 	station's matching grant in any fiscal year shall exceed the amount of Minnesota-based 
133.23 	contributions received by that station in the previous fiscal year. Grants made pursuant to 
133.24 	this subdivision may only be given to those federally licensed stations that are certified as 
133.25 	eligible for community service grants through the Corporation for Public Broadcasting. 
133.26 	Grant funds not expended by a station during the first year of the biennium do not cancel 
133.27 	and may be carried over into the second fiscal year.

133.28 	Sec. 8. Minnesota Statutes 2008, section 129D.13, subdivision 2, is amended to read:
133.29 		Subd. 2.Exclusions from contribution amount. In calculating the amount of 
133.30 	contributions received by a public station pursuant to subdivision 1, there shall be 
133.31 	excluded: contributions, whether monetary or in kind, from the Corporation for Public 
133.32 	Broadcasting; tax generated funds, including payments by public or private elementary 
133.33 	and secondary schools; that portion of any foundation or corporation donation in excess 
133.34 	of $500 $2,500 from any one contributor in a calendar the previous station fiscal year; 
134.1 	contributions from any source if made for the purpose of capital expenditures; and 
134.2 	contributions from all sources based outside the state.

134.3 	Sec. 9. Minnesota Statutes 2008, section 129D.13, subdivision 3, is amended to read:
134.4 		Subd. 3.Report. Each educational station receiving a grant shall annually report 
134.5 	by July 1 annually by August 1 to the commissioner the purposes for which the money 
134.6 	was used in the past fiscal year and the anticipated use of the money in the next fiscal year. 
134.7 	The report shall be certified by an independent auditor or a certified public accountant.
134.8 	This report shall be submitted along with a new grant request submission. If the report 
134.9 	is not submitted by September 1, the commissioner may withhold from the educational 
134.10 	station 45 percent of the amount to which it was entitled based upon the contribution of 
134.11 	the previous fiscal year, and may redistribute that money to other educational stations.

134.12 	Sec. 10. Minnesota Statutes 2008, section 129D.14, subdivision 4, is amended to read:
134.13 		Subd. 4.Application. To be eligible for a grant under this section, a licensee 
134.14 	shall submit an application to the commissioner within the deadline prescribed by the 
134.15 	commissioner according to state grant policies. Each noncommercial radio station 
134.16 	receiving a grant shall report annually within the deadline prescribed by August 1 to the 
134.17 	commissioner the purposes for which the money was used in the past fiscal year and the 
134.18 	anticipated use of the money for the next fiscal year. This report shall be submitted along 
134.19 	with a new grant request submission. If the application and report are not submitted within 
134.20 	the deadline prescribed by the commissioner, the grant may be redistributed to the other 
134.21 	noncommercial radio stations eligible for a grant under this section.

134.22 	Sec. 11. Minnesota Statutes 2008, section 129D.14, subdivision 5, is amended to read:
134.23 		Subd. 5.State community service block grants. (a) The commissioner shall 
134.24 	determine eligibility for block grants and the allocation of block grant money on the basis 
134.25 	of audited financial records of the station to receive the block grant funds for the station's 
134.26 	fiscal year preceding the year in which the grant is made, as well as on the basis of the 
134.27 	other requirements set forth in this section. The commissioner shall annually distribute 
134.28 	block grants equally to all stations that comply with the eligibility requirements and for 
134.29 	which a licensee applies for a block grant. Grant funds not expended by a station during 
134.30 	the first year of the biennium do not cancel and may be carried over into the second fiscal 
134.31 	year. The commissioner may promulgate rules to implement this section.
134.32 	(b) A station may use grant money under this section for any radio station expenses.

135.1 	Sec. 12. Minnesota Statutes 2008, section 129D.14, subdivision 6, is amended to read:
135.2 		Subd. 6.Audit. A station that receives a grant under this section shall have an 
135.3 	audit of its financial records made by an independent auditor or Corporation for Public 
135.4 	Broadcasting accepted audit at the end of for the fiscal year for which it received the grant. 
135.5 	The audit shall include a review of station promotion, operation, and management and an 
135.6 	analysis of the station's use of the grant money. A copy of the most recent audit shall be 
135.7 	filed with the commissioner. If neither is available, The commissioner may accept a letter 
135.8 	of negative assurance from an independent auditor or a certified public accountant.

135.9 	Sec. 13. Minnesota Statutes 2008, section 129D.155, is amended to read:
135.10 	129D.155 REPAYMENT OF FUNDS.
135.11 	State funds distributed to public television or noncommercial radio stations and used 
135.12 	to purchase equipment assets must be repaid to the state, without interest, if the assets 
135.13 	purchased with these funds are sold within five years or otherwise converted to a person 
135.14 	other than a nonprofit or municipal corporation. The amount due to the state shall be the 
135.15 	net amount realized from the sale of the assets, but shall not exceed the amount of state 
135.16 	funds advanced for the purchase of the asset. Public television and noncommercial radio 
135.17 	stations receiving state funds must report biennially to the legislature on the location and 
135.18 	usage of assets purchased with state funds.

135.19 	Sec. 14. [137.701] UNIVERSITY NEIGHBORHOOD DEVELOPMENT.
135.20 		Subdivision 1.Purpose. In order to support and create an environment surrounding 
135.21 	the University of Minnesota, Minneapolis campus that is conducive to the purposes of 
135.22 	higher education and a vital community, the Board of Regents and the city of Minneapolis 
135.23 	shall create with the Marcy Holmes, Southeast Como, Prospect Park, and Cedar-Riverside 
135.24 	neighborhood and business associations, an appropriate organization so that they 
135.25 	cooperate in the development of those neighborhoods. The purpose of the organization is 
135.26 	to improve the university's Minneapolis campus area neighborhoods including, but not 
135.27 	limited to, the following:
135.28 	(1) providing and supporting the development of good quality university 
135.29 	neighborhood housing, including housing for students, faculty, employees, alumni, and 
135.30 	others who may wish to live in the university area neighborhoods;
135.31 	(2) encouraging and assisting university faculty, staff, students, and others to live in 
135.32 	the neighborhood as long-term residents;
135.33 	(3) supporting and assisting appropriate business development in commercial areas 
135.34 	of the neighborhood; and
136.1 	(4) cooperating and coordinating planning and development in all matters affecting 
136.2 	the neighborhood with local government, businesses, residents, and other stakeholders in 
136.3 	the neighborhood.
136.4 		Subd. 2.Membership. The organization created by the Board of Regents and 
136.5 	the city of Minneapolis shall include representatives from the organizations currently 
136.6 	represented on the University District Alliance Steering Committee.
136.7 		Subd. 3.Report. The Board of Regents and the city of Minneapolis shall report 
136.8 	by January 15, 2010, to the chairs and ranking minority members of the legislative 
136.9 	committees with primary jurisdiction over higher education policy and finance and 
136.10 	economic development and housing finance on the status and activities of the organization 
136.11 	that is created.

136.12 	Sec. 15. Minnesota Statutes 2008, section 154.44, subdivision 1, is amended to read:
136.13 		Subdivision 1.Schedule. The fee schedule for licensees is as follows:
136.14 	(a) Three-year license fees:
136.15 	(1) cosmetologist, manicurist, esthetician, $90 for each initial license, and $60 for 
136.16 	each renewal;
136.17 	(2) instructor, manager, $120 for each initial license, and $90 for each renewal;
136.18 	(3) salon, $130 for each initial license, and $100 for each renewal; and
136.19 	(4) school, $1,500.
136.20 	(b) Penalties:
136.21 	(1) reinspection fee, variable; and
136.22 	(2) manager with lapsed practitioner, $25;
136.23 	(3) expired cosmetologist, manicurist, esthetician, manager, school manager, and 
136.24 	instructor license, $45; and
136.25 	(4) expired salon or school license, $50.
136.26 	(c) Administrative fees:
136.27 	(1) certificate of identification, $20; and
136.28 	(2) school original application, $150;
136.29 	(3) name change, $20;
136.30 	(4) letter of license verification, $30;
136.31 	(5) duplicate license, $20; and
136.32 	(6) processing fee, $10.
136.33 	(d) All fees established in this subdivision must be paid to the executive secretary 
136.34 	of the board. The executive secretary of the board shall deposit the fees in the general 
136.35 	fund in the state treasury.

137.1 	Sec. 16. Minnesota Statutes 2008, section 160.16, is amended by adding a subdivision 
137.2 	to read:
137.3 		Subd. 4.Business signs. A road or transit authority, before entering into a contract 
137.4 	for construction, reconstruction, or improvement of a street or highway, shall identify any 
137.5 	business that will experience access, parking, or visibility impacts during construction. 
137.6 	The road or transit authority shall consult with affected businesses before and during 
137.7 	construction to plan signage that will mitigate adverse effects on businesses during 
137.8 	project construction.

137.9 	Sec. 17. [161.2415] MITIGATION OF TRANSPORTATION CONSTRUCTION 
137.10 	IMPACTS ON BUSINESS.
137.11 		Subdivision 1.Definition. For the purposes of this section, "project" means road 
137.12 	work to maintain, construct, or improve a street or highway, or for a transit improvement, 
137.13 	if the work is anticipated by the road or transit authority to impair road access to one or 
137.14 	more business establishments for a minimum period of one month.
137.15 		Subd. 2.Business liaison. (a) Before the beginning of project construction work, 
137.16 	the road or transit authority shall identify businesses that are adjacent to the construction 
137.17 	area or whose access to the business premises or parking will be impaired by the project 
137.18 	and designate an individual to serve as business liaison between the road or transit 
137.19 	authority and the affected businesses.
137.20 	(b) The business liaison shall provide information to the identified businesses, 
137.21 	before and during construction, concerning project duration and timetables, lane and 
137.22 	road closures, detours, access impacts, customer parking impacts, visibility, noise, dust, 
137.23 	vibration, and public participation opportunities.

137.24 	Sec. 18. Minnesota Statutes 2008, section 270.97, is amended to read:
137.25 	270.97 DEPOSIT OF REVENUES.
137.26 	The commissioner shall deposit all revenues derived from the tax, interest, and 
137.27 	penalties received from the county in the contaminated site cleanup and development 
137.28 	account in the general fund and is annually appropriated to the commissioner of the 
137.29 	Department of Employment and Economic Development, for the purposes of section 
137.30 	116J.551.

137.31 	Sec. 19. Minnesota Statutes 2008, section 325E.115, subdivision 1, is amended to read:
137.32 		Subdivision 1.Surcharge; collection; notice. (a) A person selling lead acid 
137.33 	batteries at retail or offering lead acid batteries for retail sale in this state shall:
138.1 	(1) accept, at the point of transfer, lead acid batteries from customers;
138.2 	(2) charge a fee of $5 $10 per battery sold unless the customer returns a used battery 
138.3 	to the retailer; and
138.4 	(3) post written notice in accordance with section 325E.1151.  
138.5 	(b) Any person selling lead acid batteries at wholesale or offering lead acid batteries 
138.6 	for sale at wholesale must accept, at the point of transfer, lead acid batteries from 
138.7 	customers.

138.8 	Sec. 20. Minnesota Statutes 2008, section 325E.1151, subdivision 1, is amended to 
138.9 	read:
138.10 		Subdivision 1.Purchasers must return battery or pay $5 $10. (a) A person who 
138.11 	purchases a lead acid battery at retail, except a lead acid battery that is designed to provide 
138.12 	power for a boat motor that is purchased at the same time as the battery, must:
138.13 	(1) return a lead acid battery to the retailer; or
138.14 	(2) pay the retailer a $5 $10 surcharge.
138.15 	(b) A person who has paid a $5 $10 surcharge under paragraph (a) must receive a 
138.16 	$5 $10 refund from the retailer if the person returns a lead acid battery with a receipt 
138.17 	for the purchase of a new battery from that retailer within 30 days after purchasing 
138.18 	a new lead acid battery.
138.19 	(c) A retailer may keep the unrefunded surcharges for lead acid batteries not 
138.20 	returned within 30 days.

138.21 	Sec. 21. Minnesota Statutes 2008, section 325E.1151, subdivision 3, is amended to 
138.22 	read:
138.23 		Subd. 3.Retailers must post notices. (a) A person who sells lead acid batteries 
138.24 	at retail must post the notice in paragraph (b) in a manner clearly visible to a consumer 
138.25 	making purchasing decisions.
138.26 	(b) The notice must be at least 8-1/2 inches by 11 inches and contain the universal 
138.27 	recycling symbol and state:
138.28 	"NOTICE: USED BATTERIES
138.29 	This retailer is required to accept your used lead acid batteries, EVEN IF YOU DO 
138.30 	NOT PURCHASE A BATTERY. When you purchase a new battery, you will be charged 
138.31 	an additional $5 $10 unless you return a used battery within 30 days.
138.32 	It is a crime to put a motor vehicle battery in the garbage."

139.1 	Sec. 22. Minnesota Statutes 2008, section 325E.1151, subdivision 4, is amended to 
139.2 	read:
139.3 		Subd. 4.Notices required in newspaper advertisements. (a) An advertisement 
139.4 	for sale of new lead acid batteries at retail in newspapers published in this state must 
139.5 	contain the notice in paragraph (b).
139.6 	(b) The notice must state:
139.7 	"$5 $10 additional charge unless a used lead acid battery is returned. Improper 
139.8 	disposal of a lead acid battery is a crime."

139.9 	Sec. 23. [326B.153] BUILDING PERMIT FEES.
139.10 		Subdivision 1.Building permits. (a) Fees for building permits submitted as 
139.11 	required in section 326B.106 include:
139.12 	(1) the fee as set forth in the fee schedule in paragraph (b) or as adopted by a 
139.13 	municipality; and
139.14 	(2) the surcharge required by section 326B.148.
139.15 	(b) The total valuation and fee schedule is:
139.16 	(1) $1 to $500, $29.50;
139.17 	(2) $501 to $2,000, $28 for the first $500 plus $3.70 for each additional $100 or 
139.18 	fraction thereof, to and including $2,000;
139.19 	(3) $2,001 to $25,000, $83.50 for the first $2,000 plus $16.55 for each additional 
139.20 	$1,000 or fraction thereof, to and including $25,000;
139.21 	(4) $25,001 to $50,000, $464.15 for the first $25,000 plus $12 for each additional 
139.22 	$1,000 or fraction thereof, to and including $50,000;
139.23 	(5) $50,001 to $100,000, $764.15 for the first $50,000 plus $8.45 for each additional 
139.24 	$1,000 or fraction thereof, to and including $100,000;
139.25 	(6) $100,001 to $500,000, $1,186.65 for the first $100,000 plus $6.75 for each 
139.26 	additional $1,000 or fraction thereof, to and including $500,000;
139.27 	(7) $500,001 to $1,000,000, $3,886.65 for the first $500,000 plus $5.50 for each 
139.28 	additional $1,000 or fraction thereof, to and including $1,000,000; and
139.29 	(8) $1,000,001 and up, $6,636.65 for the first $1,000,000 plus $4.50 for each 
139.30 	additional $1,000 or fraction thereof.
139.31 	(c) Other inspections and fees are:
139.32 	(1) inspections outside of normal business hours (minimum charge two hours), 
139.33 	$63.25 per hour;
139.34 	(2) reinspection fees, $63.25 per hour;
140.1 	(3) inspections for which no fee is specifically indicated (minimum charge one-half 
140.2 	hour), $63.25 per hour; and
140.3 	(4) additional plan review required by changes, additions, or revisions to approved 
140.4 	plans (minimum charge one-half hour), $63.25 per hour.
140.5 	(d) If the actual hourly cost to the jurisdiction under paragraph (c) is greater than 
140.6 	$63.25, then the greater rate shall be paid. Hourly cost includes supervision, overhead, 
140.7 	equipment, hourly wages, and fringe benefits of the employees involved.
140.8 		Subd. 2.Plan review. Fees for the review of building plans, specifications, and 
140.9 	related documents submitted as required by section 326B.106 must be paid based on 65 
140.10 	percent of the building permit fee required in subdivision 1.
140.11 		Subd. 3.Surcharge. Surcharge fees are required for permits issued on all buildings 
140.12 	including public buildings and state licensed facilities as required by section 326B.148.
140.13 		Subd. 4.Distribution. (a) This subdivision establishes the fee distribution between 
140.14 	the state and municipalities contracting for plan review and inspection of public buildings 
140.15 	and state licensed facilities.
140.16 	(b) If plan review and inspection services are provided by the state building official, 
140.17 	all fees for those services must be remitted to the state.
140.18 	(c) If plan review services are provided by the state building official and inspection 
140.19 	services are provided by a contracting municipality:
140.20 	(1) the state shall charge 75 percent of the plan review fee required by the state's 
140.21 	fee schedule in subdivision 2; and
140.22 	(2) the municipality shall charge 25 percent of the plan review fee required by the 
140.23 	municipality's adopted fee schedule, for orientation to the plans, in addition to the permit 
140.24 	and other customary fees charged by the municipality.
140.25 	(d) If plan review and inspection services are provided by the contracting 
140.26 	municipality, all fees for those services must be remitted to the municipality in accordance 
140.27 	with their adopted fee schedule.

140.28 	Sec. 24. Minnesota Statutes 2008, section 326B.33, subdivision 13, is amended to read:
140.29 		Subd. 13.Registration of unlicensed individuals. Unlicensed individuals 
140.30 	performing electrical work for a contractor or employer shall register with the department 
140.31 	in the manner prescribed by the commissioner. Experience credit for electrical work 
140.32 	performed in Minnesota after January 1, 2008 2009, by an applicant for a license identified 
140.33 	in this section shall not be granted where the applicant has not registered with or is not 
140.34 	licensed by the department.

141.1 	Sec. 25. Minnesota Statutes 2008, section 326B.33, subdivision 19, is amended to read:
141.2 		Subd. 19.License, registration, and renewal fees; expiration.  (a) Unless 
141.3 	revoked or suspended under this chapter, all licenses issued or renewed under this section 
141.4 	expire on the date specified in this subdivision. Master licenses expire March 1 of each 
141.5 	odd-numbered year after issuance or renewal. Electrical contractor licenses expire March 
141.6 	1 of each even-numbered year after issuance or renewal. Technology system contractor 
141.7 	licenses expire August 1 of each even-numbered year after issuance or renewal. All 
141.8 	other personal licenses expire two years from the date of original issuance and every two 
141.9 	years thereafter. Registrations of unlicensed individuals expire one year from the date of 
141.10 	original issuance and every year thereafter.
141.11 	(b) Fees for application and examination, and for the original issuance and each 
141.12 	subsequent renewal, are:
141.13 	(1) For each personal license application and examination: $35;
141.14 	(2) For original issuance and each subsequent renewal of:
141.15 	Class A Master or master special electrician, including master elevator constructor: 
141.16 	$40 per year;
141.17 	Class B Master: $25 per year;
141.18 	Power Limited Technician: $15 per year;
141.19 	Class A Journeyman, Class B Journeyman, Installer, Elevator Constructor, Lineman, 
141.20 	or Maintenance Electrician other than master special electrician: $15 per year;
141.21 	Contractor: $100 per year;
141.22 	Unlicensed individual registration: $15 per year.
141.23 	(c) If any new license is issued in accordance with this subdivision for less than two 
141.24 	years, the fee for the license shall be prorated on an annual basis. 
141.25 	(d) A license fee may not be refunded after a license is issued or renewed. However, 
141.26 	if the fee paid for a license was not prorated in accordance with this subdivision, the 
141.27 	amount of the overpayment shall be refunded.
141.28 	(e) Any contractor who seeks reissuance of a license after it has been revoked or 
141.29 	suspended under this chapter shall submit a reissuance fee of $100 before the license is 
141.30 	reinstated.
141.31 	(f) The fee for the issuance of each duplicate license is $15.
141.32 	(g) An individual or contractor who fails to renew a license before 30 days after the 
141.33 	expiration or registration of the license must submit a late fee equal to one year's license 
141.34 	fee in addition to the full renewal fee. Fees for renewed licenses or registrations are not 
141.35 	prorated. An individual or contractor that fails to renew a license or registration by the 
141.36 	expiration date is unlicensed until the license or registration is renewed.

142.1 	Sec. 26. Minnesota Statutes 2008, section 326B.46, subdivision 4, is amended to read:
142.2 		Subd. 4.Fee. (a) Each person giving bond to the state under subdivision 2 shall pay 
142.3 	the department an annuala bond registration fee of $40 for one year or $80 for two years.
142.4 	(b) The commissioner shall in a manner determined by the commissioner, without 
142.5 	the need for any rulemaking under chapter 14, phase in the bond registration from one year 
142.6 	to two years so that the expiration of bond registration corresponds with the expiration of 
142.7 	the license issued under section 326B.475 or 326B.49, subdivision 1.

142.8 	Sec. 27. Minnesota Statutes 2008, section 326B.475, subdivision 4, is amended to read:
142.9 		Subd. 4.Renewal; use period for license. (a) A restricted master plumber and 
142.10 	restricted journeyman plumber license must be renewed annually for as long as that 
142.11 	licensee engages in the plumbing trade. Failure to renew a restricted master plumber and 
142.12 	restricted journeyman plumber license within 12 months after the expiration date will 
142.13 	result in permanent forfeiture of the restricted master plumber and restricted journeyman 
142.14 	plumber license.
142.15 	(b) The commissioner shall in a manner determined by the commissioner, without 
142.16 	the need for any rulemaking under chapter 14, phase in the renewal of restricted master 
142.17 	plumber and restricted journeyman plumber licenses from one year to two years. By 
142.18 	June 30, 2011, all restricted master plumber and restricted journeyman plumber licenses 
142.19 	shall be two-year licenses.

142.20 	Sec. 28. Minnesota Statutes 2008, section 326B.475, subdivision 7, is amended to read:
142.21 		Subd. 7.Fee. The annual renewal fee for the restricted master plumber and 
142.22 	restricted journeyman plumber licenses is the same fee as for a master or journeyman 
142.23 	plumber license, respectively.

142.24 	Sec. 29. Minnesota Statutes 2008, section 326B.49, subdivision 1, is amended to read:
142.25 		Subdivision 1.Application. (a) Applications for plumber's license shall be made to 
142.26 	the commissioner, with fee. Unless the applicant is entitled to a renewal, the applicant 
142.27 	shall be licensed by the commissioner only after passing a satisfactory examination 
142.28 	developed and administered by the commissioner, based upon rules adopted by the 
142.29 	Plumbing Board, showing fitness. Examination fees for both journeyman and master 
142.30 	plumbers shall be $50 for each examination. Upon being notified of having successfully 
142.31 	passed the examination for original license the applicant shall submit an application, 
142.32 	with the license fee herein provided. The license fee for each initial and renewal master 
142.33 	plumber's license shall be $120 $240. The license fee for each initial and renewal
143.1 	journeyman plumber's license shall be $55 $110. The commissioner may by rule prescribe 
143.2 	for the expiration and renewal of licenses.
143.3 	(b) All initial master and journeyman plumber's licenses shall be effective for more 
143.4 	than one calendar year and shall expire on December 31 of the year after the year in which 
143.5 	the application is made. The license fee for each renewal master plumber's license shall be 
143.6 	$120 for one year or $240 for two years. The license fee for each renewal journeyman 
143.7 	plumber's license shall be $55 for one year or $110 for two years. The commissioner 
143.8 	shall in a manner determined by the commissioner, without the need for any rulemaking 
143.9 	under chapter 14, phase in the renewal of master and journeyman plumber's licenses from 
143.10 	one year to two years. By June 30, 2011, all renewed master and journeyman plumber's 
143.11 	licenses shall be two-year licenses.
143.12 	(c) Any licensee who does not renew a license within two years after the license 
143.13 	expires is no longer eligible for renewal. Such an individual must retake and pass the 
143.14 	examination before a new license will be issued. A journeyman or master plumber who 
143.15 	submits a license renewal application after the time specified in rule but within two years 
143.16 	after the license expired must pay all past due renewal fees plus a late fee of $25.

143.17 	Sec. 30. Minnesota Statutes 2008, section 326B.56, subdivision 4, is amended to read:
143.18 		Subd. 4.Fee. (a) The commissioner shall collect a $40 bond registration fee for 
143.19 	one year or $80 for two years from each applicant for issuance or renewal of a water 
143.20 	conditioning contractor or installer license who elects to proceed under subdivisions 
143.21 	1 and 2.
143.22 	(b) The commissioner shall in a manner determined by the commissioner, without 
143.23 	the need for any rulemaking under chapter 14, phase in the bond registration from one year 
143.24 	to two years so that the expiration of bond registration corresponds with the expiration of 
143.25 	the license issued under section 326B.55.

143.26 	Sec. 31. Minnesota Statutes 2008, section 326B.58, is amended to read:
143.27 	326B.58 FEES. 
143.28 	(a) Examination fees for both water conditioning contractors and water conditioning 
143.29 	installers shall be $50 for each examination. Each initial water conditioning contractor 
143.30 	and installer license shall be effective for more than one calendar year and shall expire on 
143.31 	December 31 of the year for which it was issued after the year in which the application 
143.32 	is made. The license fee for each initial water conditioning contractor's license shall be 
143.33 	$70 $140, except that the license fee shall be $35 $105 if the application is submitted 
143.34 	during the last three months of the calendar year. The license fee for each renewal water 
144.1 	conditioning contractor's license shall be $70 for one year or $140 for two years. The 
144.2 	license fee for each initial water conditioning installer license shall be $35 $70, except 
144.3 	that the license fee shall be $17.50 $52.50 if the application is submitted during the last 
144.4 	three months of the calendar year. The license fee for each renewal water conditioning 
144.5 	installer license shall be $35 for one year or $70 for two years. 
144.6 	(b) The commissioner shall in a manner determined by the commissioner, without 
144.7 	the need for any rulemaking under chapter 14, phase in the renewal of water conditioning 
144.8 	contractor and installer licenses from one year to two years. By June 30, 2011, all renewed 
144.9 	water conditioning contractor and installer licenses shall be two-year licenses. The 
144.10 	commissioner may by rule prescribe for the expiration and renewal of licenses. 
144.11 	(c) Any licensee who does not renew a license within two years after the license 
144.12 	expires is no longer eligible for renewal. Such an individual must retake and pass the 
144.13 	examination before a new license will be issued. A water conditioning contractor or water 
144.14 	conditioning installer who submits a license renewal application after the time specified 
144.15 	in rule but within two years after the license expired must pay all past due renewal fees 
144.16 	plus a late fee of $25. 

144.17 	Sec. 32. Minnesota Statutes 2008, section 326B.815, subdivision 1, is amended to read:
144.18 		Subdivision 1. Licensing fee. (a) The licensing fee for persons licensed pursuant 
144.19 	to sections 326B.802 to 326B.885, except for manufactured home installers, is $100 per 
144.20 	year $200 for a two-year period. The licensing fee for manufactured home installers under 
144.21 	section 327B.041 is $300 for a three-year period. 
144.22 	(b) All initial licenses, except for manufactured home installer licenses, shall be 
144.23 	effective for two years and shall expire on March 31 of the year after the year in which the 
144.24 	application is made. The license fee for each renewal of a residential contractor, residential 
144.25 	remodeler, or residential roofer license shall be $100 for one year and $200 for two years.
144.26 	(c) The commissioner shall in a manner determined by the commissioner, without 
144.27 	the need for any rulemaking under chapter 14, phase in the renewal of residential 
144.28 	contractor, residential remodeler, and residential roofer licenses from one year to two 
144.29 	years. By June 30, 2011, all renewed residential contractor, residential remodeler, and 
144.30 	residential roofer licenses shall be two-year licenses.

144.31 	Sec. 33. Minnesota Statutes 2008, section 326B.821, subdivision 2, is amended to read:
144.32 		Subd. 2.Hours. A qualifying person of a licensee must provide proof of completion 
144.33 	of seven 14 hours of continuing education per year two-year licensure period in the 
144.34 	regulated industry in which the licensee is licensed. 
145.1 	Credit may not be earned if the licensee has previously obtained credit for the same 
145.2 	course as either a student or instructor during the same licensing period.

145.3 	Sec. 34. Minnesota Statutes 2008, section 326B.86, subdivision 1, is amended to read:
145.4 		Subdivision 1.Bond. (a) Licensed manufactured home installers and licensed 
145.5 	residential roofers must post a surety bond in the name of the licensee with the 
145.6 	commissioner, conditioned that the applicant shall faithfully perform the duties and 
145.7 	in all things comply with all laws, ordinances, and rules pertaining to the license or 
145.8 	permit applied for and all contracts entered into. The annual bond must be continuous 
145.9 	and maintained for so long as the licensee remains licensed. The aggregate liability of 
145.10 	the surety on the bond to any and all persons, regardless of the number of claims made 
145.11 	against the bond, may not exceed the amount of the bond. The bond may be canceled as 
145.12 	to future liability by the surety upon 30 days' written notice mailed to the commissioner 
145.13 	by regular mail.
145.14 	(b) A licensed residential roofer must post a bond of at least $15,000.
145.15 	(c) A licensed manufactured home installer must post a bond of at least $2,500.
145.16 	Bonds issued under sections 326B.802 to 326B.885 are not state bonds or contracts 
145.17 	for purposes of sections 8.05 and 16C.05, subdivision 2.

145.18 	Sec. 35. [326B.881] REGISTRATION OF UNLICENSED PERSONS.
145.19 		Subdivision 1.Registration required. (a) An unlicensed contractor or subcontractor 
145.20 	who performs public or private sector commercial or residential building construction or 
145.21 	improvement services must register with the commissioner every two years. A licensed 
145.22 	contractor or subcontractor includes a plumbing contractor who has in their employ 
145.23 	a licensed master plumber or restricted master plumber under section 326B.42 or a 
145.24 	mechanical contractor as defined under section 326B.802. The registration must be 
145.25 	submitted on a form and in a manner prescribed by the commissioner and must include 
145.26 	the information specified in paragraph (b). For purposes of this section, "contractor" 
145.27 	or "subcontractor" means a limited liability company, corporation, partnership, or sole 
145.28 	proprietorship.
145.29 	(b) The information collected upon registration must include:
145.30 	(1) the legal name under which the contractor or subcontractor intends to offer 
145.31 	services;
145.32 	(2) the address at which the contractor or subcontractor is physically located;
145.33 	(3) the business telephone number and e-mail address;
145.34 	(4) the services provided by the contractor or subcontractor;
146.1 	(5) a federal employer identification number or social security number;
146.2 	(6) the approximate number of employees; and
146.3 	(7) a certificate of insurance showing workers' compensation coverage if applicable.
146.4 		Subd. 2.Exclusions. For purposes of this section, building construction and 
146.5 	improvement services do not include the manufacture, supply, or sale of products, 
146.6 	materials, or merchandise.
146.7 		Subd. 3.Application of requirements. The registration requirements under this 
146.8 	section do not apply to persons with a valid independent contractor exemption certificate 
146.9 	under section 181.723.
146.10 		Subd. 4.Fees. A $100 registration fee shall be paid to the commissioner upon 
146.11 	registration for deposit into the construction code fund under section 326B.04.
146.12 		Subd. 5.Prohibited activities. A person violating the requirements of this section 
146.13 	shall not perform public or private sector commercial or residential building construction 
146.14 	or improvement services in this state. Proof of registration must be maintained for at 
146.15 	least two years from the date of registration. Proof of registration must be provided by a 
146.16 	person before entering into a contract for public or private sector commercial or residential 
146.17 	building construction or improvement services on or after the effective date of this section. 
146.18 	Violations of this subdivision are subject to a  $500 fine payable to the commissioner for 
146.19 	deposit into the assigned risk safety account under chapter 79.

146.20 	EFFECTIVE DATE. This section is effective January 1, 2010.

146.21 	Sec. 36. Minnesota Statutes 2008, section 326B.885, subdivision 2, is amended to read:
146.22 		Subd. 2. Annual Renewal period. Any license issued or renewed after August 
146.23 	1, 1993, must be renewed annually except for(a) A residential contractor, residential 
146.24 	remodeler, and residential roofer license shall have a renewal period of two years. The 
146.25 	commissioner shall in a manner determined by the commissioner, without the need for any 
146.26 	rulemaking under chapter 14, phase in the renewal of residential contractor, residential 
146.27 	remodeler, and residential roofer licenses from one year to two years. By June 30, 2011, 
146.28 	all renewed residential contractor, residential remodeler, and residential roofer licenses 
146.29 	shall be two-year licenses.
146.30 	(b) A manufactured home installer's license which shall have a renewal period of 
146.31 	three years, effective for all renewals and new licenses issued after December 31, 2008. 

146.32 	Sec. 37. Minnesota Statutes 2008, section 326B.89, subdivision 3, is amended to read:
146.33 		Subd. 3.Fund fees. In addition to any other fees, a person who applies for or 
146.34 	renews a license under sections 326B.802 to 326B.885 shall pay a fee to the fund. The 
147.1 	person shall pay, in addition to the appropriate application or renewal fee, the following 
147.2 	additional fee that shall be deposited in the fund. The amount of the fee shall be based on 
147.3 	the person's gross annual receipts for the person's most recent fiscal year preceding the 
147.4 	application or renewal, on the following scale:

147.5		Fee
	Gross Annual Receipts
		
147.6		$160 $320
	under $1,000,000
		
147.7		$210 $420
	$1,000,000 to $5,000,000
		
147.8		$260 $520
	over $5,000,000

147.9 	Sec. 38. Minnesota Statutes 2008, section 326B.89, subdivision 16, is amended to read:
147.10 		Subd. 16.Additional assessment. If the balance in the fund is at any time less 
147.11 	than the commissioner determines is necessary to carry out the purposes of this section, 
147.12 	every licensee, when renewing a license, shall pay, in addition to the annual renewal 
147.13 	fee and the fee set forth in subdivision 3, an assessment not to exceed $100 $200. The 
147.14 	commissioner shall set the amount of assessment based on a reasonable determination 
147.15 	of the amount that is necessary to restore a balance in the fund adequate to carry out the 
147.16 	purposes of this section.

147.17 	Sec. 39. Minnesota Statutes 2008, section 326B.94, subdivision 4, is amended to read:
147.18 		Subd. 4.Examinations, licensing. The commissioner shall develop and administer 
147.19 	an examination for all masters of boats carrying passengers for hire on the inland waters of 
147.20 	the state as to their qualifications and fitness. If found qualified and competent to perform 
147.21 	their duties as a master of a boat carrying passengers for hire, they shall be issued a license 
147.22 	authorizing them to act as such on the inland waters of the state. The license shall be 
147.23 	renewed annually. All initial master's licenses shall be for two years. The commissioner 
147.24 	shall in a manner determined by the commissioner, without the need for any rulemaking 
147.25 	under chapter 14, phase in the renewal of master's licenses from one year to two years. 
147.26 	By June 30, 2011, all renewed master's licenses shall be two-year licenses. Fees for the 
147.27 	original issue and renewal of the license authorized under this section shall be pursuant to 
147.28 	section 326B.986, subdivision 2.

147.29 	Sec. 40. Minnesota Statutes 2008, section 326B.972, is amended to read:
147.30 	326B.972 LICENSE REQUIREMENT. 
147.31 	(a) To operate a boiler, steam engine, or turbine an individual must have received a 
147.32 	license for the grade covering that boiler, steam engine, or turbine. The license must be 
148.1 	renewed annually, except as provided Except for licenses described in section 326B.956
148.2 	and except for provisional licenses described in paragraphs (d) to (g);
148.3 	(1) all initial licenses shall be for two years;
148.4 	(2) the commissioner shall in a manner determined by the commissioner, without 
148.5 	the need for any rulemaking under chapter 14, phase in the renewal of licenses from 
148.6 	one year to two years; and
148.7 	(3) by June 30, 2011, all licenses shall be two-year licenses. 
148.8 	(b) For purposes of sections 326B.952 to 326B.998, "operation" does not include 
148.9 	monitoring of an automatic boiler, either through on premises inspection of the boiler or 
148.10 	by remote electronic surveillance, provided that no operations are performed upon the 
148.11 	boiler other than emergency shut down in alarm situations. 
148.12 	(c) No individual under the influence of illegal drugs or alcohol may operate a boiler, 
148.13 	steam engine, or turbine or monitor an automatic boiler. 
148.14 	(d) The commissioner may issue a provisional license to allow an employee of a 
148.15 	high pressure boiler plant to operate boilers greater than 500 horsepower at only that 
148.16 	boiler plant if: 
148.17 	(1) the boiler plant has a designated chief engineer in accordance with Minnesota 
148.18 	Rules, part 5225.0410; 
148.19 	(2) the boiler plant employee holds a valid license as a second-class engineer, 
148.20 	Grade A or B; 
148.21 	(3) the chief engineer in charge of the boiler plant submits an application to the 
148.22 	commissioner on a form prescribed by the commissioner to elicit information on whether 
148.23 	the requirements of this paragraph have been met; 
148.24 	(4) the chief engineer in charge of the boiler plant and an authorized representative 
148.25 	of the owner of the boiler plant both sign the application for the provisional license; 
148.26 	(5) the owner of the boiler plant has a documented training program with examination 
148.27 	for boilers and equipment at the boiler plant to train and test the boiler plant employee; and 
148.28 	(6) if the application were to be granted, the total number of provisional licenses 
148.29 	for employees of the boiler plant would not exceed the total number of properly licensed 
148.30 	first-class engineers and chief engineers responsible for the safe operation of the boilers 
148.31 	at the boiler plant. 
148.32 	(e) A public utility, cooperative electric association, generation and transmission 
148.33 	cooperative electric association, municipal power agency, or municipal electric utility 
148.34 	that employs licensed boiler operators who are subject to an existing labor contract may 
148.35 	use a provisional licensee as an operator only if using the provisional licensee does not 
148.36 	violate the labor contract. 
149.1 	(f) Each provisional license expires 36 months after the date of issuance unless 
149.2 	revoked less than 36 months after the date of issuance. A provisional license may not be 
149.3 	renewed. 
149.4 	(g) The commissioner may issue no more than two provisional licenses to any 
149.5 	individual within a four-year period. 

149.6 	Sec. 41. Minnesota Statutes 2008, section 326B.986, subdivision 2, is amended to read:
149.7 		Subd. 2.Fee amounts; master's. The license and application fee for a an initial
149.8 	master's license is $50 $70, or $20 $40 if the applicant possesses a valid, unlimited, current 
149.9 	United States Coast Guard master's license. The annual renewal of fee for a master's 
149.10 	license is $20 for one year or $40 for two years. The annual renewal If the renewal fee is
149.11 	paid later than 30 days after expiration is $35. The fee for replacement of a current, valid 
149.12 	license is $20, then a late fee of $15 will be added to the renewal fee.

149.13 	Sec. 42. Minnesota Statutes 2008, section 326B.986, subdivision 5, is amended to read:
149.14 		Subd. 5. Boiler engineer license fees. (a) For the following licenses, the 
149.15 	nonrefundable license and application fee is: 
149.16 	(1) chief engineer's license, $50 $70; 
149.17 	(2) first class engineer's license, $50 $70; 
149.18 	(3) second class engineer's license, $50 $70; 
149.19 	(4) special engineer's license, $20 $40; 
149.20 	(5) traction or hobby boiler engineer's license, $50; and 
149.21 	(6) provisional license, $50. 
149.22 	(b) An engineer's license, except a provisional license, may be renewed upon 
149.23 	application and payment of an annual a renewal fee of $20 for one year or $40 for two 
149.24 	years. The annual renewal, If the renewal fee is paid later than 30 days after expiration, 
149.25 	is $35. The fee for replacement of a current, valid license is $20 then a late fee of $15 
149.26 	will be added to the renewal fee. 

149.27 	Sec. 43. Minnesota Statutes 2008, section 326B.986, subdivision 8, is amended to read:
149.28 		Subd. 8.Certificate of competency. The fee for issuance of the original state 
149.29 	of Minnesota certificate of competency for inspectors is $50. This fee is waived$85 
149.30 	for inspectors who did not pay the examination fee or $35 for inspectors who paid 
149.31 	the examination fee. All initial certificates of competency shall be effective for more 
149.32 	than one calendar year and shall expire on December 31 of the year after the year in 
149.33 	which the application is made. The commissioner shall in a manner determined by the 
150.1 	commissioner, without the need for any rulemaking under chapter 14, phase in the renewal 
150.2 	of certificates of competency from one calendar year to two calendar years. By June 30, 
150.3 	2011, all renewed certificates of competency shall be valid for two calendar years. The fee 
150.4 	for an annual renewal of the state of Minnesota certificate of competency is $35 for one 
150.5 	year or $70 for two years, and is due January 1 of each year. The fee for replacement of a 
150.6 	current, valid license is $35 the day after the certificate expires.

150.7 	Sec. 44. Minnesota Statutes 2008, section 327B.04, subdivision 7, is amended to read:
150.8 		Subd. 7.Fees; Licenses; when granted. Each application for a license or license 
150.9 	renewal must be accompanied by a fee in an amount established by the commissioner by 
150.10 	rule pursuant to section 327B.10 subdivision 7a. The fees shall be set in an amount which 
150.11 	over the fiscal biennium will produce revenues approximately equal to the expenses which 
150.12 	the commissioner expects to incur during that fiscal biennium while administering and 
150.13 	enforcing sections 327B.01 to 327B.12. The commissioner shall grant or deny a license 
150.14 	application or a renewal application within 60 days of its filing. If the license is granted, 
150.15 	the commissioner shall license the applicant as a dealer or manufacturer for the remainder 
150.16 	of the calendar year licensure period. Upon application by the licensee, the commissioner 
150.17 	shall renew the license for a two year period, if: 
150.18 	(a) (1) the renewal application satisfies the requirements of subdivisions 3 and 4;
150.19 	(b) (2) the renewal applicant has made all listings, registrations, notices and reports 
150.20 	required by the commissioner during the preceding year licensure period; and
150.21 	(c) (3) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to 
150.22 	327B.12 and all taxes, arrearages, and penalties owed to the state. 

150.23 	Sec. 45. Minnesota Statutes 2008, section 327B.04, is amended by adding a 
150.24 	subdivision to read:
150.25 		Subd. 7a.Fees. (a) Fees for licenses issued pursuant to this section are as follows:
150.26 	(1) initial dealer license for principal location, $400. Fee is not refundable;
150.27 	(2) initial dealer license for subagency location, $80;
150.28 	(3) dealer license biennial renewal, principal location, $400; dealer subagency 
150.29 	location biennial renewal, $160. Subagency license renewal must coincide with the 
150.30 	principal license date;
150.31 	(4) initial limited dealer license, $200;
150.32 	(5) change of bonding company, $10;
150.33 	(6) reinstatement of bond after cancellation notice has been received, $10;
150.34 	(7) checks returned without payment, $15; and
151.1 	(8) change of address, $10.
151.2 	(b) All initial limited dealer licenses shall be effective for more than one calendar 
151.3 	year and shall expire on December 31 of the year after the year in which the application 
151.4 	is made.
151.5 	(c) The license fee for each renewed limited dealer license shall be $100 for one 
151.6 	year and $200 for two years. The commissioner shall in a manner determined by the 
151.7 	commissioner, without the need for any rulemaking under chapter 14, phase in the renewal 
151.8 	of limited dealer licenses from one year to two years. By June 30, 2011, all renewed 
151.9 	limited dealer licenses shall be two-year licenses.
151.10 	(d) All fees are not refundable.

151.11 	Sec. 46. Minnesota Statutes 2008, section 327B.04, subdivision 8, is amended to read:
151.12 		Subd. 8.Limited dealer's license. The commissioner shall issue a limited dealer's 
151.13 	license to an owner of a manufactured home park authorizing the licensee as principal 
151.14 	only to engage in the sale, offering for sale, soliciting, or advertising the sale of used 
151.15 	manufactured homes located in the owned manufactured home park. The licensee must 
151.16 	be the title holder of the homes and may engage in no more than ten sales annually
151.17 	during each year of the two-year licensure period. An owner may, upon payment of the 
151.18 	applicable fee and compliance with this subdivision, obtain a separate license for each 
151.19 	owned manufactured home park and is entitled to sell up to ten 20 homes per license 
151.20 	period provided that only one limited dealer license may be issued for each park. The 
151.21 	license shall be issued after:
151.22 	(1) receipt of an application on forms provided by the commissioner containing 
151.23 	the following information:
151.24 	(i) the identity of the applicant;
151.25 	(ii) the name under which the applicant will be licensed and do business in this state;
151.26 	(iii) the name and address of the owned manufactured home park, including a copy 
151.27 	of the park license, serving as the basis for the issuance of the license; 
151.28 	(iv) the name, home, and business address of the applicant;
151.29 	(v) the name, address, and telephone number of one individual that is designated 
151.30 	by the applicant to receive all communications and cooperate with all inspections and 
151.31 	investigations of the commissioner pertaining to the sale of manufactured homes in the 
151.32 	manufactured home park owned by the applicant;
151.33 	(vi) whether the applicant or its designated individual has been convicted of a crime 
151.34 	within the previous ten years that is either related directly to the business for which the 
151.35 	license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a 
152.1 	judgment in a civil action involving fraud, misrepresentation, or conversion within the 
152.2 	previous five years or has had any government license or permit suspended or revoked 
152.3 	as a result of an action brought by a federal or state governmental agency in this or any 
152.4 	other state within the last five years; and
152.5 	(vii) the applicant's qualifications and business history, including whether the 
152.6 	applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has 
152.7 	any unsatisfied court judgments outstanding against it or them;
152.8 	(2) payment of a $100 annual the license fee established by subdivision 7a; and
152.9 	(3) provision of a surety bond in the amount of $5,000. A separate surety bond 
152.10 	must be provided for each limited license.
152.11 	The applicant need not comply with section 327B.04, subdivision 4, paragraph (e). 
152.12 	The holding of a limited dealer's license does not satisfy the requirement contained in 
152.13 	section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect 
152.14 	to obtaining a dealer license. The commissioner may, upon application for a renewal of 
152.15 	a license, require only a verification that copies of sales documents have been retained 
152.16 	and payment of a $100 the renewal fee established by subdivision 7a. "Sales documents" 
152.17 	mean only the safety feature disclosure form defined in section 327C.07, subdivision 3a, 
152.18 	title of the home, financing agreements, and purchase agreements. 
152.19 	The license holder shall, upon request of the commissioner, make available for 
152.20 	inspection during business hours sales documents required to be retained under this 
152.21 	subdivision.

152.22 	Sec. 47. Minnesota Statutes 2008, section 327C.03, is amended by adding a 
152.23 	subdivision to read:
152.24 		Subd. 6.Payment to the Minnesota manufactured home relocation trust fund.
 152.25 	In the event a park owner is assessed under section 327C.095, subdivision 12, paragraph 
152.26 	(c), the park owner may collect the $12 annual payment required under section 327C.095, 
152.27 	subdivision 12, for participation in the relocation trust fund, as a lump sum or, along with 
152.28 	monthly lot rent, a fee of no more than $1 per month to cover the cost of participating 
152.29 	in the relocation trust fund. The $1 fee must be separately itemized and clearly labeled 
152.30 	"Minnesota manufactured home relocation trust fund."

152.31 	Sec. 48. Minnesota Statutes 2008, section 327C.095, subdivision 12, is amended to 
152.32 	read:
152.33 		Subd. 12.Payment to the Minnesota manufactured home relocation trust fund.
 152.34 	(a) If a manufactured home owner is required to move due to the conversion of all or a 
153.1 	portion of a manufactured home park to another use, the closure of a park, or cessation 
153.2 	of use of the land as a manufactured home park, the manufactured park owner shall, 
153.3 	upon the change in use, pay to the commissioner of finance for deposit in the Minnesota 
153.4 	manufactured home relocation trust fund under section 462A.35, the lesser amount of the 
153.5 	actual costs of moving or purchasing the manufactured home approved by the neutral 
153.6 	third party and paid by the Minnesota Housing Finance Agency under subdivision 13, 
153.7 	paragraph (a) or (e), or $3,250 for each single section manufactured home, and $6,000 for 
153.8 	each multisection manufactured home, for which a manufactured home owner has made 
153.9 	application for payment of relocation costs under subdivision 13, paragraph (c). The 
153.10 	manufactured home park owner shall make payments required under this section to the 
153.11 	Minnesota manufactured home relocation trust fund within 60 days of receipt of invoice 
153.12 	from the neutral third party.
153.13 	(b) A manufactured home park owner is not required to make the payment prescribed 
153.14 	under paragraph (a), nor is a manufactured home owner entitled to compensation under 
153.15 	subdivision 13, paragraph (a) or (e), if:
153.16 	(1) the manufactured home park owner relocates the manufactured home owner to 
153.17 	another space in the manufactured home park or to another manufactured home park at 
153.18 	the park owner's expense;
153.19 	(2) the manufactured home owner is vacating the premises and has informed the 
153.20 	manufactured home park owner or manager of this prior to the mailing date of the closure 
153.21 	statement under subdivision 1;
153.22 	(3) a manufactured home owner has abandoned the manufactured home, or the 
153.23 	manufactured home owner is not current on the monthly lot rental, personal property 
153.24 	taxes, or has failed to pay the annual $12 payments to the Minnesota manufactured home 
153.25 	relocation trust fund when due; 
153.26 	(4) the manufactured home owner has a pending eviction action for nonpayment of 
153.27 	lot rental amount under section 327C.09, which was filed against the manufactured home 
153.28 	owner prior to the mailing date of the closure statement under subdivision 1, and the writ 
153.29 	of recovery has been ordered by the district court;
153.30 	(5) the conversion of all or a portion of a manufactured home park to another use, 
153.31 	the closure of a park, or cessation of use of the land as a manufactured home park is the 
153.32 	result of a taking or exercise of the power of eminent domain by a governmental entity 
153.33 	or public utility; or
153.34 	(6) the owner of the manufactured home is not a resident of the manufactured home 
153.35 	park, as defined in section 327C.01, subdivision 9, or the owner of the manufactured home 
154.1 	is a resident, but came to reside in the manufactured home park after the mailing date of 
154.2 	the closure statement under subdivision 1.
154.3 	(c) Owners of manufactured homes who rent lots in a manufactured home park shall 
154.4 	make annual payments to the park owner, to be deposited in the Minnesota manufactured 
154.5 	home relocation trust fund under section 462A.35, in the amount of $12 per year, per 
154.6 	manufactured home, payable on August 15 of each year. On or before July 15 of each 
154.7 	year, the commissioner of finance shall prepare and post on the department's Web site a 
154.8 	generic invoice and cover letter explaining the purpose of the Minnesota manufactured 
154.9 	home relocation trust fund, the obligation of each manufactured home owner to make an 
154.10 	annual $12 payment into the fund, the due date, and the need to pay to the park owner for 
154.11 	collection, and a warning, in 14-point font, that if the annual payments are not made when 
154.12 	due, the manufactured home owner will not be eligible for compensation from the fund if 
154.13 	the manufactured home park closes. The park owner shall receive, record, and commingle 
154.14 	the payments and forward the payments to the commissioner of finance by September 
154.15 	15 of each year, with a summary by the park owner, certifying the name, address, and 
154.16 	payment amount of each remitter, and noting the names and address of manufactured home 
154.17 	owners who did not pay the $12 annual payment, sent to both the commissioner of finance 
154.18 	and the commissioner of the Minnesota Housing Finance Agency. The commissioner of 
154.19 	finance shall deposit the payments in the Minnesota manufactured home relocation trust 
154.20 	fund. The commissioner of finance shall annually assess each manufactured home park 
154.21 	owner by mail the total amount of $12 for each licensed lot in their park, payable on 
154.22 	or before September 15 of each year. The commissioner of finance shall deposit the 
154.23 	payments in the Minnesota manufactured home relocation trust fund. On or before July 
154.24 	15 of each year, the commissioner of finance shall prepare and distribute to park owners 
154.25 	a letter explaining the collection, an invoice for all licensed lots, and a sample form for 
154.26 	the park owners to collect information on which park residents have been accounted for. 
154.27 	The park owner may recoup the cost of the assessment with a monthly fee of no more 
154.28 	than $1 collected from park residents together with monthly lot rent as provided in section 
154.29 	327C.03, subdivision 1. Park owners may adjust payment for lots in their park that are 
154.30 	vacant or otherwise not eligible for contribution to the trust fund under section 327C.095, 
154.31 	subdivision 12, paragraph (b), and deduct from the assessment, accordingly.
154.32 	(d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by 
154.33 	the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action 
154.34 	in a court of appropriate jurisdiction. The court shall award a prevailing party reasonable 
154.35 	attorney fees, court costs, and disbursements.

155.1 	Sec. 49. Laws 1998, chapter 404, section 23, subdivision 6, as amended by Laws 2002, 
155.2 	chapter 220, article 10, section 35, subdivision 6, is amended to read:

155.3	Subd. 6.St. Paul RiverCentre Arena
 				65,000,000
	
155.4 	This appropriation is from the general fund 
155.5 	to the commissioner of finance for a loan to 
155.6 	the city of St. Paul to demolish the existing 
155.7 	St. Paul RiverCentre Arena and to design, 
155.8 	construct, furnish, and equip a new arena. 
155.9 	This appropriation is not available until the 
155.10 	lessee to whom the city has leased the arena 
155.11 	has agreed to make rental or other payments 
155.12 	to the city under the terms set forth in this 
155.13 	subdivision. The loan is repayable solely 
155.14 	from and secured by the payments made 
155.15 	to the city by the lessee. The loan is not a 
155.16 	public debt and the full faith, credit, and 
155.17 	taxing powers of the city are not pledged for 
155.18 	its repayment.
155.19 	(a) $48,000,000$15,250,000 of the loan 
155.20 	must be repaid to the commissioner, without 
155.21 	interest, within 2012 years from the date 
155.22 	of substantial completion of the arena in 
155.23 	accordance with the following schedule:
155.24 	(1) no repayments are due in the first two 
155.25 	years from the date of substantial completion;
155.26 	(2) in each of the years three to five, the 
155.27 	lessee must pay $1,250,000;
155.28 	(3) in each of the years six to ten, the lessee 
155.29 	must pay $1,500,000; and
155.30 	(4) in each of the years 11 to and13 12, the 
155.31 	lessee must pay $2,000,000;.
155.32 	(5) in year 14, the lessee must pay 
155.33 	$3,000,000;
156.1 	(6) in year 15, the lessee must pay 
156.2 	$4,000,000; and
156.3 	(7) in each of the years 16 to 20, the lessee 
156.4 	must pay $4,750,000.
156.5 	(b) The commissioner must deposit the 
156.6 	repayments in the state treasury and credit 
156.7 	them to the general fund.
156.8 	(c) The loan may not be made until the 
156.9 	commissioner has entered into an agreement 
156.10 	with the city of St. Paul identifying the rental 
156.11 	or other payments that will be made and 
156.12 	establishing the dates on and the amounts 
156.13 	in which the payments will be made to the 
156.14 	city and by the city to the commissioner. The 
156.15 	payments may include operating revenues 
156.16 	and additional payments to be made by the 
156.17 	lessee under agreements to be negotiated 
156.18 	between the commissioner, the city, and the 
156.19 	lessee. Those agreements may include, but 
156.20 	are not limited to, an agreement whereby the 
156.21 	lessee pledges to provide each year a letter 
156.22 	of credit sufficient to guarantee the payment 
156.23 	of the amount due for the next succeeding 
156.24 	year; an agreement whereby the lessee 
156.25 	agrees to maintain a net worth, certified each 
156.26 	year by a financial institution or accounting 
156.27 	firm satisfactory to the commissioner, that 
156.28 	is greater than the balance due under the 
156.29 	payment schedule in paragraph (a); and any 
156.30 	other agreements the commissioner may 
156.31 	deem necessary to ensure that the payments 
156.32 	are made as scheduled.
156.33 	(d) The agreements must provide that the 
156.34 	failure of the lessee to make a payment due 
156.35 	to the city under the agreement is an event 
157.1 	of default under the lease between the city 
157.2 	and the lessee and that the state is entitled to 
157.3 	enforce the remedies of the lessor under the 
157.4 	lease in the event of default. Those remedies 
157.5 	must include, but need not be limited to, the 
157.6 	obligation of the lessee to pay the balance due 
157.7 	for the remainder of the payment schedule 
157.8 	in the event the lessee ceases to operate a 
157.9 	National Hockey League team in the arena.
157.10 	(e) By January 1, 1999, the commissioner 
157.11 	shall report to the chair of the senate 
157.12 	committee on state government finance 
157.13 	and the chair of the house committee on 
157.14 	ways and means the terms of an agreement 
157.15 	between the lessee and the amateur sports 
157.16 	commission whereby the lessee agrees to 
157.17 	make the facilities of the arena available to 
157.18 	the commission on terms satisfactory to the 
157.19 	commission for amateur sports activities 
157.20 	consistent with the purposes of Minnesota 
157.21 	Statutes, chapter 240A, each year during the 
157.22 	time the loan is outstanding. The amateur 
157.23 	sports commission must negotiate in good 
157.24 	faith and may be required to pay no more 
157.25 	than actual out-of-pocket expenses for the 
157.26 	time it uses the arena. The agreement may 
157.27 	not become effective before February 1, 
157.28 	1999. During any calendar year after 1999 
157.29 	that an agreement under this paragraph is 
157.30 	not in effect and a payment is due under 
157.31 	the schedule, the lessee must pay to the 
157.32 	commissioner a penalty of $750,000 for that 
157.33 	year. If the amateur sports commission has 
157.34 	not negotiated in good faith, no penalty is 
157.35 	due.

158.1 	Sec. 50. CONSTRUCTION MITIGATION PILOT PROGRAM.
158.2 		Subdivision 1.Purpose. The purpose of the construction mitigation grant program 
158.3 	is to mitigate the impacts of transportation construction on local small businesses, to 
158.4 	promote the retention of jobs in transportation construction areas, and to provide outreach 
158.5 	to the public and small businesses to minimize interruption to local commerce. The 
158.6 	Department of Transportation, Department of Employment and Economic Development, 
158.7 	and local government units shall work together to ensure that the recommendations 
158.8 	of the Department of Transportation's 2009 report to the legislature on transportation 
158.9 	construction impacts and any statutory changes resulting from the report recommendations 
158.10 	are applied when implementing the grant program.
158.11 		Subd. 2.Establishment. The commissioner of employment and economic 
158.12 	development shall develop and implement a construction mitigation grant program to 
158.13 	make grants available to local government units to mitigate the impacts of transportation 
158.14 	construction on local small businesses.
158.15 		Subd. 3.Definitions. For purposes of this section: 
158.16 	(1) "applicant" means a local government unit; 
158.17 	(2) "commissioner" means the commissioner of the Department of Employment and 
158.18 	Economic Development;
158.19 	(3) "eligible transportation project entirely or partially funded by state or federal 
158.20 	funds" means a project that will affect one or more small businesses as a result of 
158.21 	transportation work because the work is anticipated to impair road access for a minimum 
158.22 	period of one month;
158.23 	(4) "local government unit" means a county, statutory or home rule charter city, 
158.24 	town, special district, or other political subdivision;
158.25 	(5) "project" has the meaning given it in Minnesota Statutes, section 161.2415; and
158.26 	(6) "small business" means a business that employs ten or fewer employees and is 
158.27 	located in an area that is adjacent to an eligible project.
158.28 		Subd. 4.Applications. A grant applicant shall prepare and submit to the 
158.29 	commissioner a written proposal detailing a construction mitigation plan and strategies 
158.30 	on how the applicant will implement the plan to meet the purpose of the grant program 
158.31 	as provided in subdivision 1. An applicant shall identify any nonstate funding sources 
158.32 	available to match state funds distributed under subdivision 5.
158.33 		Subd. 5.Fund distribution. In distributing funds, the commissioner shall consider 
158.34 	the types of businesses affected by the eligible transportation project and shall balance 
158.35 	funding between eligible transportation projects within the seven-county metropolitan area 
158.36 	and eligible transportation projects outside of the seven-county metropolitan area.
159.1 		Subd. 6.Expiration. This section expires on July 1, 2011.

159.2 	EFFECTIVE DATE. This section is effective the day following final enactment.

159.3 	Sec. 51. MINNESOTA EVENT DISTRICT EXPANSION, PHASE I.
 159.4 	The city of St. Paul may issue up to $40,000,000 of general obligation or special 
159.5 	revenue bonds to finance the design, acquisition, construction, and equipping of a public 
159.6 	community ice facility to be located within the block 39/arena tax increment district. The 
159.7 	city may pledge, or use to pay the bonds, any money available to the city or its housing 
159.8 	and redevelopment authority, including but not limited to, any revenue derived from 
159.9 	the project. The estimated collection of the pledged money may be deducted from any 
159.10 	general ad valorem taxes otherwise required to be levied before issuance of general 
159.11 	obligation bonds under Minnesota Statutes, section 475.61, subdivision 1. The bonds may 
159.12 	be issued in one or more series and sold without election on the question of issuance of 
159.13 	the bonds or the levy of a property tax to pay the bonds. Except as otherwise provided 
159.14 	in this section, the bonds must be issued, sold, and secured in the manner provided in 
159.15 	Minnesota Statutes, chapter 475.

159.16 	Sec. 52.  REPEALER.
 159.17 	(a) Minnesota Statutes 2008, sections 129D.13, subdivision 4; and 176.135, 
159.18 	subdivision 1b, are repealed.
159.19 	(b) Minnesota Rules, part 1350.8300, is repealed.

159.20 	Sec. 53. EFFECTIVE DATE; LOCAL APPROVAL.
 159.21 	Section 51 is effective the day after the governing body of the city of St. Paul and its 
159.22 	chief clerical officer timely complete their compliance with Minnesota Statutes, section 
159.23 	645.021, subdivisions 2 and 3. Section 49 is effective the day after the city of St. Paul 
159.24 	issues the bonds authorized in section 51.