SF 2081

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

Posted on 12/26/2012 11:17 p.m.

1.1A bill for an act 1.2relating to state government; establishing and modifying certain grants and 1.3programs; making technical changes; regulating certain activities and practices; 1.4providing penalties; establishing working groups; regulating unemployment 1.5insurance; regulating labor standards and wages; providing for licensing and 1.6fees; amending Iron Range resources provisions; regulating certain facilities; 1.7regulating certain boards and committees; modifying certain Housing Finance 1.8Authority provisions; modifying Heritage Finance provisions; appropriating 1.9money;amending Minnesota Statutes 2008, sections 15.75, subdivision 5; 1.1016B.54, subdivision 2; 84.94, subdivision 3; 85.0146, subdivision 1; 89A.08, 1.11subdivision 1; 115C.08, subdivision 4; 116J.035, subdivisions 1, 6; 116J.401, 1.12subdivision 2; 116J.424; 116J.431, subdivisions 1, 2, 4, 6, by adding a 1.13subdivision; 116J.435, subdivision 3; 116J.554, subdivision 1; 116J.555, 1.14subdivision 1; 116J.68, subdivision 2; 116J.8731, subdivisions 2, 3; 116L.03, 1.15subdivision 5; 116L.05, subdivision 5; 116L.20, subdivision 1; 116L.362, 1.16subdivision 1; 116L.364, subdivision 3; 116L.871, subdivision 1; 116L.96; 1.17116O.115, subdivisions 2, 4; 123A.08, subdivision 1; 124D.49, subdivision 1.183; 129D.13; 129D.14, subdivisions 4, 5, 6; 129D.155; 154.001; 154.19; 1.19154.44, subdivision 1; 154.51; 160.276, subdivision 8; 177.30; 177.31; 177.32; 1.20177.42, subdivision 6, by adding a subdivision; 177.43, subdivisions 3, 6a; 1.21178.02, subdivision 2; 182.656, subdivision 3; 214.01, subdivision 3; 214.04, 1.22subdivision 3; 216B.1612, subdivision 2; 241.27, subdivision 1; 248.061, 1.23subdivision 3; 248.07, subdivisions 7, 8; 256J.626, subdivision 4; 256J.66, 1.24subdivision 1; 268.031; 268.035, subdivisions 2, 17, by adding subdivisions; 1.25268.042, subdivision 3; 268.043; 268.044, subdivision 2; 268.047, subdivisions 1.261, 2; 268.051, subdivisions 1, 4; 268.052, subdivision 2; 268.053, subdivision 1.271; 268.057, subdivisions 4, 5; 268.0625, subdivision 1; 268.066; 268.067; 1.28268.069, subdivisions 1, 2; 268.07, subdivisions 1, 2, 3, 3b; 268.084; 268.085, 1.29subdivisions 1, 2, 3, 3a, 4, 5, 6, 15; 268.095, subdivisions 1, 2, 10, 11; 268.101, 1.30subdivisions 1, 2; 268.103, subdivision 1, by adding a subdivision; 268.105, 1.31subdivisions 1, 2, 3a, 4, 5; 268.115, subdivision 5; 268.125, subdivision 5; 1.32268.135, subdivision 4; 268.145, subdivision 1; 268.18, subdivisions 1, 2, 4a; 1.33268.186; 268.196, subdivisions 1, 2; 268.199; 268.211; 268A.06, subdivision 1.341; 298.22, subdivisions 2, 5a, 6, 7, 8, 10, 11; 298.221; 298.2211, subdivision 3; 1.35298.2213, subdivisions 4, 5; 298.2214, subdivision 1, by adding a subdivision; 1.36298.223; 298.227; 298.28, subdivision 9d; 298.292, subdivision 2; 298.294; 1.37298.296, subdivision 2; 298.2961; 298.297; 326B.33, subdivision 19; 326B.46, 1.38subdivision 4; 326B.475, subdivisions 4, 7; 326B.49, subdivision 1; 326B.56, 1.39subdivision 4; 326B.58; 326B.815, subdivision 1; 326B.821, subdivision 2; 2.1326B.86, subdivision 1; 326B.885, subdivision 2; 326B.89, subdivisions 3, 16; 2.2326B.94, subdivision 4; 326B.972; 326B.986, subdivisions 2, 5, 8; 327B.04, 2.3subdivisions 7, 8, by adding a subdivision; 327C.03, by adding a subdivision; 2.4327C.095, subdivision 12; 462A.05, subdivisions 14, 14a; 469.169, subdivision 2.53; 469.201, subdivisions 2, 4, 6, 7, 10, 11, 12; 469.202; 469.203, subdivisions 2.61, 2, 4; 469.204, subdivision 1, by adding a subdivision; 469.205; 469.207, 2.7subdivision 2; 580.07; Laws 1998, chapter 404, section 23, subdivision 6, as 2.8amended; Laws 2007, chapter 135, article 1, section 16; proposing coding for 2.9new law in Minnesota Statutes, chapters 90; 116J; 155A; 181; 268; 298; 326B; 2.10repealing Minnesota Statutes 2008, sections 116J.402; 116J.413; 116J.431, 2.11subdivision 5; 116J.58, subdivision 1; 116J.59; 116J.61; 116J.656; 116L.16; 2.12116L.88; 116U.65; 176.135, subdivision 1b; 268.085, subdivision 14; 268.086, 2.13subdivisions 1, 2, 3, 5, 6, 7, 8, 9; 469.203, subdivision 3; 469.204, subdivisions 2.142, 3; Minnesota Rules, part 1350.8300. 2.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.16ARTICLE 1 2.17JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS 2.18 Section 1. new text begin JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS. new text end 2.19     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 2.20 new text begin in this article. new text end 2.21 new text begin 2010 new text end new text begin 2011 new text end new text begin Total new text end 2.22 new text begin General new text end new text begin $ new text end new text begin 134,168,000 new text end new text begin $ new text end new text begin 133,992,000 new text end new text begin $ new text end new text begin 268,160,000 new text end 2.23 new text begin Workforce Development new text end new text begin 26,208,000 new text end new text begin 25,358,000 new text end new text begin 51,566,000 new text end 2.24 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end new text begin 1,400,000 new text end 2.25 new text begin Workers' Compensation new text end new text begin 22,574,000 new text end new text begin 22,574,000 new text end new text begin 45,148,000 new text end 2.26 new text begin Total new text end new text begin $ new text end new text begin 183,650,000 new text end new text begin $ new text end new text begin 182,624,000 new text end new text begin $ new text end new text begin 366,274,000 new text end 2.27 Sec. 2. new text begin JOBS AND ECONOMIC DEVELOPMENT. new text end 2.28     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.29 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.30 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.31 new text begin for each purpose. The figures "2010" and "2011" used in this article mean that the new text end 2.32 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2010, or new text end 2.33 new text begin June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal new text end 2.34 new text begin year 2011. "The biennium" is fiscal years 2010 and 2011. new text end 2.35 new text begin APPROPRIATIONS new text end 2.36 new text begin Available for the Year new text end 2.37 new text begin Ending June 30 new text end 2.38 new text begin 2010 new text end new text begin 2011 new text end 2.39 2.40 Sec. 3. new text begin DEPARTMENT OF EMPLOYMENT new text end new text begin AND ECONOMIC DEVELOPMENT new text end 3.1 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 65,064,000 new text end new text begin $ new text end new text begin 64,214,000 new text end 3.2 new text begin Appropriations by Fund new text end 3.3 new text begin 2010 new text end new text begin 2011 new text end 3.4 new text begin General new text end new text begin 39,185,000 new text end new text begin 39,185,000 new text end 3.5 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end 3.6 3.7 new text begin Workforce new text end new text begin Development new text end new text begin 25,179,000 new text end new text begin 24,329,000 new text end 3.8 new text begin The amounts that may be spent for each new text end 3.9 new text begin purpose are specified in the following new text end 3.10 new text begin subdivisions. new text end 3.11 3.12 new text begin Subd. 2. new text end new text begin Business and Community new text end new text begin Development new text end new text begin 8,015,000 new text end new text begin 8,015,000 new text end 3.13 new text begin Appropriations by Fund new text end 3.14 new text begin General new text end new text begin 6,926,000 new text end new text begin 6,926,000 new text end 3.15 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end 3.16 3.17 new text begin Workforce new text end new text begin Development new text end new text begin 389,000 new text end new text begin 389,000 new text end 3.18 new text begin (a) $700,000 each year is from the new text end 3.19 new text begin remediation fund for contaminated site new text end 3.20 new text begin cleanup and development grants under new text end 3.21 new text begin Minnesota Statutes, section 116J.554. This new text end 3.22 new text begin appropriation is available until expended. new text end 3.23 new text begin (b)(1) $150,000 each year is from the new text end 3.24 new text begin workforce development fund for a grant new text end 3.25 new text begin under Minnesota Statutes, section 116J.421, new text end 3.26 new text begin to the Rural Policy and Development new text end 3.27 new text begin Center at St. Peter, Minnesota. The grant new text end 3.28 new text begin shall be used for research and policy new text end 3.29 new text begin analysis on emerging economic and social new text end 3.30 new text begin issues in rural Minnesota, to serve as a new text end 3.31 new text begin policy resource center for rural Minnesota new text end 3.32 new text begin communities, to encourage collaboration new text end 3.33 new text begin across higher education institutions, to new text end 3.34 new text begin provide interdisciplinary team approaches new text end 3.35 new text begin to research and problem-solving in rural new text end 4.1 new text begin communities, and to administer overall new text end 4.2 new text begin operations of the center. new text end 4.3 new text begin (2) The grant shall be provided upon the new text end 4.4 new text begin condition that each state-appropriated new text end 4.5 new text begin dollar be matched with a nonstate dollar. new text end 4.6 new text begin Acceptable matching funds are nonstate new text end 4.7 new text begin contributions that the center has received and new text end 4.8 new text begin have not been used to match previous state new text end 4.9 new text begin grants. Any funds not spent the first year are new text end 4.10 new text begin available the second year. new text end 4.11 new text begin (c) $225,000 each year is from the general new text end 4.12 new text begin fund for a grant to WomenVenture for new text end 4.13 new text begin women's business development programs new text end 4.14 new text begin and for programs that encourage and assist new text end 4.15 new text begin women to enter nontraditional careers in the new text end 4.16 new text begin trades; manual and technical occupations; new text end 4.17 new text begin science, technology, engineering, and new text end 4.18 new text begin mathematics-related occupations; and green new text end 4.19 new text begin jobs. This appropriation may be matched new text end 4.20 new text begin dollar for dollar with any resources available new text end 4.21 new text begin from the federal government for these new text end 4.22 new text begin purposes with priority given to initiatives new text end 4.23 new text begin that have a goal of increasing by at least ten new text end 4.24 new text begin percent the number of women in occupations new text end 4.25 new text begin where women currently comprise less than 25 new text end 4.26 new text begin percent of the workforce. The appropriation new text end 4.27 new text begin is available until expended. new text end 4.28 new text begin (d) $105,000 each year is from the general new text end 4.29 new text begin fund and $50,000 each year is from the new text end 4.30 new text begin workforce development fund for a grant to new text end 4.31 new text begin the Metropolitan Economic Development new text end 4.32 new text begin Association for continuing minority business new text end 4.33 new text begin development programs in the metropolitan new text end 4.34 new text begin area and for contract procurement support new text end 4.35 new text begin to businesses in northeast and southwest new text end 5.1 new text begin Minnesota. This appropriation must be used new text end 5.2 new text begin for the sole purpose of providing free or new text end 5.3 new text begin reduced fee business consulting services to new text end 5.4 new text begin minority entrepreneurs and contractors. new text end 5.5 new text begin (e) $50,000 each year is from the general new text end 5.6 new text begin fund for a grant to the Minnesota Inventors new text end 5.7 new text begin Congress, of which at least $5,000 must be new text end 5.8 new text begin used for youth inventors. new text end 5.9 new text begin (f)(1) $600,000 each year is from the general new text end 5.10 new text begin fund for a grant to BioBusiness Alliance new text end 5.11 new text begin of Minnesota for bioscience business new text end 5.12 new text begin development programs to promote and new text end 5.13 new text begin position the state as a global leader in new text end 5.14 new text begin bioscience business activities. This is a new text end 5.15 new text begin onetime appropriation. These funds may be new text end 5.16 new text begin used to create, recruit, retain, and expand new text end 5.17 new text begin biobusiness activity in Minnesota; implement new text end 5.18 new text begin the destination 2025 statewide plan; update new text end 5.19 new text begin a statewide assessment of the bioscience new text end 5.20 new text begin industry and the competitive position of new text end 5.21 new text begin Minnesota-based bioscience businesses new text end 5.22 new text begin relative to other states and other nations; new text end 5.23 new text begin and develop and implement business and new text end 5.24 new text begin scenario-planning models to create, recruit, new text end 5.25 new text begin retain, and expand biobusiness activity in new text end 5.26 new text begin Minnesota. new text end 5.27 new text begin (2) The BioBusiness Alliance must report new text end 5.28 new text begin each year by February 15 to the committees new text end 5.29 new text begin of the house of representatives and the senate new text end 5.30 new text begin having jurisdiction over bioscience industry new text end 5.31 new text begin activity in Minnesota on the use of funds; new text end 5.32 new text begin the number of bioscience businesses and new text end 5.33 new text begin jobs created, recruited, retained, or expanded new text end 5.34 new text begin in the state since the last reporting period; new text end 5.35 new text begin the competitive position of the biobusiness new text end 6.1 new text begin industry; and utilization rates and results of new text end 6.2 new text begin the business and scenario-planning models new text end 6.3 new text begin and outcomes resulting from utilization of new text end 6.4 new text begin the business and scenario-planning models. new text end 6.5 new text begin (g) Notwithstanding Minnesota Statutes, new text end 6.6 new text begin section 268.18, subdivision 2, $500,000 of new text end 6.7 new text begin funds collected for unemployment insurance new text end 6.8 new text begin administration under this subdivision is new text end 6.9 new text begin appropriated as follows: $250,000 to the city new text end 6.10 new text begin of Hugo for reimbursement of tornado relief new text end 6.11 new text begin efforts and $250,000 to Lake County for ice new text end 6.12 new text begin storm damage. new text end 6.13 new text begin (h) $1,000,000 in the first year is from the new text end 6.14 new text begin 21st Century Minerals Fund to the Board of new text end 6.15 new text begin Trustees of the Minnesota State Colleges new text end 6.16 new text begin and Universities for a grant to the Northeast new text end 6.17 new text begin Higher Education District for planning, new text end 6.18 new text begin design, and construction of classrooms and new text end 6.19 new text begin housing facilities for upper division students new text end 6.20 new text begin in the engineering program. new text end 6.21 new text begin (i)(1) $189,000 each year is appropriated new text end 6.22 new text begin from the general fund for grants of $63,000 new text end 6.23 new text begin to eligible organizations each year to assist in new text end 6.24 new text begin the development of entrepreneurs and small new text end 6.25 new text begin businesses. Each state grant dollar must be new text end 6.26 new text begin matched with $1 of nonstate funds. Any new text end 6.27 new text begin balance in the first year does not cancel but is new text end 6.28 new text begin available in the second year. new text end 6.29 new text begin (2) Three grants must be awarded to new text end 6.30 new text begin continue or to develop a program. One new text end 6.31 new text begin grant must be awarded to the Riverbend new text end 6.32 new text begin Center for Entrepreneurial Facilitation new text end 6.33 new text begin in Blue Earth County, and two to other new text end 6.34 new text begin organizations serving Faribault and Martin new text end 6.35 new text begin Counties. Grant recipients must report to the new text end 7.1 new text begin commissioner by February 1 of each year new text end 7.2 new text begin that the organization receives a grant with the new text end 7.3 new text begin number of customers served; the number of new text end 7.4 new text begin businesses started, stabilized, or expanded; new text end 7.5 new text begin the number of jobs created and retained; and new text end 7.6 new text begin business success rates. The commissioner new text end 7.7 new text begin must report to the house of representatives new text end 7.8 new text begin and senate committees with jurisdiction new text end 7.9 new text begin over economic development finance on the new text end 7.10 new text begin effectiveness of these programs for assisting new text end 7.11 new text begin in the development of entrepreneurs and new text end 7.12 new text begin small businesses. new text end 7.13 new text begin Subd. 3. new text end new text begin Workforce Development new text end new text begin 54,603,000 new text end new text begin 53,753,000 new text end 7.14 new text begin Appropriations by Fund new text end 7.15 new text begin General new text end new text begin 29,813,000 new text end new text begin 29,813,000 new text end 7.16 7.17 new text begin Workforce new text end new text begin Development new text end new text begin 24,790,000 new text end new text begin 23,940,000 new text end 7.18 new text begin (a) $4,562,000 each year is from the general new text end 7.19 new text begin fund for the Minnesota job skills partnership new text end 7.20 new text begin program under Minnesota Statutes, sections new text end 7.21 new text begin 116L.01 to 116L.17. If the appropriation for new text end 7.22 new text begin either year is insufficient, the appropriation new text end 7.23 new text begin for the other year is available. This new text end 7.24 new text begin appropriation is available until spent. new text end 7.25 new text begin (b) $8,800,000 each year is from the general new text end 7.26 new text begin fund for the state's vocational rehabilitation new text end 7.27 new text begin program under Minnesota Statutes, chapter new text end 7.28 new text begin 268A. new text end 7.29 new text begin (c) $5,986,000 each year is from the general new text end 7.30 new text begin fund for the state services for the blind new text end 7.31 new text begin activities. new text end 7.32 new text begin (d) $2,380,000 each year is from the general new text end 7.33 new text begin fund for grants to centers for independent new text end 7.34 new text begin living under Minnesota Statutes, section new text end 7.35 new text begin 268A.11. new text end 8.1 new text begin (e) $350,000 each year is from the general new text end 8.2 new text begin fund and $105,000 each year is from the new text end 8.3 new text begin workforce development fund for a grant new text end 8.4 new text begin under Minnesota Statutes, section 116J.8747, new text end 8.5 new text begin to Twin Cities RISE! to provide training to new text end 8.6 new text begin hard-to-train individuals. Funds unexpended new text end 8.7 new text begin in the first year are available for expenditure new text end 8.8 new text begin in the second year. new text end 8.9 new text begin (f) $150,000 each year is from the general new text end 8.10 new text begin fund and $50,000 each year is from the new text end 8.11 new text begin workforce development fund for a grant new text end 8.12 new text begin to Northern Connections in Perham to new text end 8.13 new text begin implement and operate a pilot workforce new text end 8.14 new text begin program that provides one-stop supportive new text end 8.15 new text begin services to individuals as they transition into new text end 8.16 new text begin the workforce. new text end 8.17 new text begin (g) $150,000 each year is from the general new text end 8.18 new text begin fund for a grant to Advocating Change new text end 8.19 new text begin Together for training, technical assistance, new text end 8.20 new text begin and resource materials for persons with new text end 8.21 new text begin developmental and mental illness disabilities. new text end 8.22 new text begin (h) $5,627,000 each year is from the general new text end 8.23 new text begin fund and $6,920,000 each year is from the new text end 8.24 new text begin workforce development fund for extended new text end 8.25 new text begin employment services for persons with severe new text end 8.26 new text begin disabilities or related conditions under new text end 8.27 new text begin Minnesota Statutes, section 268A.15. Of new text end 8.28 new text begin the general fund appropriation, $125,000 new text end 8.29 new text begin each year is to supplement funds paid for new text end 8.30 new text begin wage incentives for the community support new text end 8.31 new text begin fund established in Minnesota Rules, part new text end 8.32 new text begin 3300.2045. new text end 8.33 new text begin (i) $1,613,000 each year is from the general new text end 8.34 new text begin fund for grants to programs that provide new text end 8.35 new text begin employment support services to persons with new text end 9.1 new text begin mental illness under Minnesota Statutes, new text end 9.2 new text begin sections 268A.13 and 268A.14. Grants new text end 9.3 new text begin may be used for special projects for young new text end 9.4 new text begin people with mental illness transitioning from new text end 9.5 new text begin school to work and people with serious new text end 9.6 new text begin mental illness receiving services through new text end 9.7 new text begin a mental health court or civil commitment new text end 9.8 new text begin court. Special projects must demonstrate new text end 9.9 new text begin interagency collaboration. new text end 9.10 new text begin (j) $145,000 each year is from the general new text end 9.11 new text begin fund and $175,000 each year is from the new text end 9.12 new text begin workforce development fund for a grant new text end 9.13 new text begin under Minnesota Statutes, section 268A.03, new text end 9.14 new text begin to Rise, Inc. for the Minnesota Employment new text end 9.15 new text begin Center for People Who are Deaf or Hard of new text end 9.16 new text begin Hearing. Money not expended the first year new text end 9.17 new text begin is available the second year. new text end 9.18 new text begin (k) $50,000 each year is from the general new text end 9.19 new text begin fund and $250,000 each year is from the new text end 9.20 new text begin workforce development fund for a grant to new text end 9.21 new text begin Lifetrack Resources for its immigrant and new text end 9.22 new text begin refugee collaborative program, including new text end 9.23 new text begin those related to job-seeking skills and new text end 9.24 new text begin workplace orientation, intensive job new text end 9.25 new text begin development, functional work English, and new text end 9.26 new text begin on-site job coaching. This appropriation may new text end 9.27 new text begin also be used in Rochester. new text end 9.28 new text begin (l) $3,500,000 each year is from the new text end 9.29 new text begin workforce development fund for the new text end 9.30 new text begin Minnesota youth program under Minnesota new text end 9.31 new text begin Statutes, sections 116L.56 and 116L.561. new text end 9.32 new text begin (m) $1,375,000 each year is from the new text end 9.33 new text begin workforce development fund for the new text end 9.34 new text begin Opportunities Industrialization Center new text end 9.35 new text begin programs. new text end 10.1 new text begin (n) $1,250,000 each year is from the new text end 10.2 new text begin workforce development fund for grants for new text end 10.3 new text begin the Minneapolis summer youth employment new text end 10.4 new text begin program. The grants shall be used to fund new text end 10.5 new text begin up to 500 jobs for youth each summer. Of new text end 10.6 new text begin this appropriation, $310,000 each year is for new text end 10.7 new text begin a grant to the learn-to-earn summer youth new text end 10.8 new text begin employment program. The commissioner new text end 10.9 new text begin shall establish criteria for awarding the new text end 10.10 new text begin grants. This appropriation is available in new text end 10.11 new text begin either year of the biennium and is available new text end 10.12 new text begin until spent. new text end 10.13 new text begin (o) $575,000 each year is from the workforce new text end 10.14 new text begin development fund for grants to fund summer new text end 10.15 new text begin youth employment in St. Paul. The grants new text end 10.16 new text begin shall be used to fund up to 500 jobs for new text end 10.17 new text begin youth each summer. The commissioner shall new text end 10.18 new text begin establish criteria for awarding the grants. new text end 10.19 new text begin This appropriation is available in either year new text end 10.20 new text begin of the biennium and is available until spent. new text end 10.21 new text begin (p) $1,000,000 each year is from the new text end 10.22 new text begin workforce development fund for the new text end 10.23 new text begin youthbuild program under Minnesota new text end 10.24 new text begin Statutes, sections 116L.361 to 116L.366. new text end 10.25 new text begin (q) $100,000 each year is from the new text end 10.26 new text begin workforce development fund for grants new text end 10.27 new text begin for the indigenous earthkeepers program new text end 10.28 new text begin for American Indian youth environmental new text end 10.29 new text begin education and training. Funds must be new text end 10.30 new text begin used to provide programming for up to new text end 10.31 new text begin 80 American Indian youth ages 14 to 19. new text end 10.32 new text begin The indigenous earthkeepers program must new text end 10.33 new text begin use the environment, with native language new text end 10.34 new text begin as its primary core, to develop student new text end 10.35 new text begin academic skills and knowledge at Center new text end 11.1 new text begin School and Healthy Nations Program of the new text end 11.2 new text begin Minneapolis American Indian Center. The new text end 11.3 new text begin program must foster a sense of civic and new text end 11.4 new text begin environmental responsibility by providing new text end 11.5 new text begin youth the opportunity to serve on small, new text end 11.6 new text begin natural, and urban resource crews in the new text end 11.7 new text begin Twin Cities metropolitan area and outside of new text end 11.8 new text begin the metropolitan area. In addition, it must new text end 11.9 new text begin build the capacity of these youths to improve new text end 11.10 new text begin their lives in an indigenous-inspired and new text end 11.11 new text begin culturally relevant manner. At a minimum, new text end 11.12 new text begin the program curriculum must include water new text end 11.13 new text begin studies, identification of waterway cleanup new text end 11.14 new text begin sites, cleanup of waterways significant to new text end 11.15 new text begin indigenous culture and education, plant new text end 11.16 new text begin identification, gardening, and indigenous new text end 11.17 new text begin language components. This is a onetime new text end 11.18 new text begin appropriation. new text end 11.19 new text begin (r) $340,000 each year is from the workforce new text end 11.20 new text begin development fund for grants to provide new text end 11.21 new text begin interpreters for a regional transition program new text end 11.22 new text begin that specializes in providing culturally new text end 11.23 new text begin appropriate transition services leading to new text end 11.24 new text begin employment for deaf, hard-of-hearing, and new text end 11.25 new text begin deaf-blind students. new text end 11.26 new text begin (s) The first $1,450,000 deposited in each new text end 11.27 new text begin year of the biennium into the contingent new text end 11.28 new text begin account created under Minnesota Statutes, new text end 11.29 new text begin section 268.199, shall be transferred new text end 11.30 new text begin before the closing of each fiscal year to new text end 11.31 new text begin the workforce development fund created new text end 11.32 new text begin under Minnesota Statutes, section 116L.20. new text end 11.33 new text begin Deposits in excess of $1,450,000 shall be new text end 11.34 new text begin transferred before the closing of each fiscal new text end 11.35 new text begin year to the general fund. new text end 12.1 new text begin (t) $75,000 each year is from the workforce new text end 12.2 new text begin development fund for a grant to the Ramsey new text end 12.3 new text begin County Workforce Investment Board for the new text end 12.4 new text begin development of the building lives program. new text end 12.5 new text begin This is a onetime appropriation. new text end 12.6 new text begin (u) $75,000 each year is from the workforce new text end 12.7 new text begin development fund for a grant to a nonprofit new text end 12.8 new text begin organization. The nonprofit organization new text end 12.9 new text begin must work on behalf of all licensed new text end 12.10 new text begin vendors to coordinate their efforts to new text end 12.11 new text begin respond to solicitations or other requests new text end 12.12 new text begin from private and governmental units as new text end 12.13 new text begin defined in Minnesota Statutes, section new text end 12.14 new text begin 471.59, subdivision 1, in order to increase new text end 12.15 new text begin employment opportunities for persons with new text end 12.16 new text begin disabilities. This is a onetime appropriation. new text end 12.17 new text begin (v) $500,000 each year from the workforce new text end 12.18 new text begin development fund is for a grant to the new text end 12.19 new text begin Minnesota Alliance of Boys and Girls new text end 12.20 new text begin Clubs to administer a statewide project new text end 12.21 new text begin of youth job skills development. This new text end 12.22 new text begin project, which may have career guidance new text end 12.23 new text begin components, including health and life skills, new text end 12.24 new text begin is to encourage, train, and assist youth in new text end 12.25 new text begin job-seeking skills, workplace orientation, new text end 12.26 new text begin and job site knowledge through coaching. new text end 12.27 new text begin This grant requires a 25 percent match from new text end 12.28 new text begin nonstate resources. new text end 12.29 new text begin (w) $100,000 in the first year is from the new text end 12.30 new text begin workforce development fund for a grant to the new text end 12.31 new text begin Southeast Asian Collaborative in Hennepin new text end 12.32 new text begin County for an intensive intervention new text end 12.33 new text begin transitional employment training project new text end 12.34 new text begin to move refugee and immigrant welfare new text end 12.35 new text begin recipients into unsubsidized employment new text end 13.1 new text begin leading to economic self-sufficiency. One new text end 13.2 new text begin of the five partners in the collaborative new text end 13.3 new text begin shall be chosen as the fiscal agent by the new text end 13.4 new text begin commissioner of employment and economic new text end 13.5 new text begin development. The primary effort must be new text end 13.6 new text begin on intensive employment skills training, new text end 13.7 new text begin including workplace English and overcoming new text end 13.8 new text begin cultural barriers, and on specialized training new text end 13.9 new text begin in fields of work which involve a credit-based new text end 13.10 new text begin curriculum. For recipients without a high new text end 13.11 new text begin school diploma or a GED, extra effort shall new text end 13.12 new text begin be made to help the recipient meet the ability new text end 13.13 new text begin to benefit test so the recipient can receive new text end 13.14 new text begin financial aid for further training. During new text end 13.15 new text begin the specialized training, efforts should be new text end 13.16 new text begin made to involve the recipients with an new text end 13.17 new text begin internship program and retention specialist. new text end 13.18 new text begin This appropriation is not available until the new text end 13.19 new text begin commissioner of finance has determined that new text end 13.20 new text begin at least an equal amount has been committed new text end 13.21 new text begin from nonstate funds. new text end 13.22 new text begin (x) $7,500,000 each year is from the new text end 13.23 new text begin workforce development fund for grants to new text end 13.24 new text begin establish two emergency employment pilot new text end 13.25 new text begin projects in counties with high unemployment new text end 13.26 new text begin rates. The grants may be used for wage new text end 13.27 new text begin subsidies of up to 50 percent of the wage new text end 13.28 new text begin paid. The maximum wage subsidy shall be new text end 13.29 new text begin $5 per hour. This is a onetime appropriation. new text end 13.30 new text begin (y) $1,000,000 each year is from reserve new text end 13.31 new text begin funds allocated to the Department of new text end 13.32 new text begin Employment and Economic Development new text end 13.33 new text begin under the American Recovery and new text end 13.34 new text begin Reinvestment Act, Public Law 115-5, new text end 13.35 new text begin for Workforce Investment Act adult and new text end 13.36 new text begin displaced worker programs for on-the-job new text end 14.1 new text begin training for eligible persons in counties new text end 14.2 new text begin with high unemployment. This is a onetime new text end 14.3 new text begin appropriation. new text end 14.4 new text begin (z) $750,000 the first year is from the new text end 14.5 new text begin workforce development fund to Enterprise new text end 14.6 new text begin Minnesota, Inc. for the small business new text end 14.7 new text begin growth acceleration program established new text end 14.8 new text begin under Minnesota Statutes, section 116O.115. new text end 14.9 new text begin (aa) $150,000 each year is for a grant to the new text end 14.10 new text begin nonprofit organization selected to administer new text end 14.11 new text begin the demonstration project for high-risk adults new text end 14.12 new text begin under Laws 2007, chapter 54, article 1, new text end 14.13 new text begin section 19, in order to continue the project new text end 14.14 new text begin for a second biennium. This is a onetime new text end 14.15 new text begin appropriation. new text end 14.16 new text begin (bb) Of the money available to Minnesota new text end 14.17 new text begin from the American Recovery and new text end 14.18 new text begin Reinvestment Act of 2009, Public Law new text end 14.19 new text begin 111-5, and allocated to the Department of new text end 14.20 new text begin Employment and Economic Development for new text end 14.21 new text begin state employment programs, $250,000 is for new text end 14.22 new text begin a grant to Minnesota Diversified Industries new text end 14.23 new text begin to provide progressive development and new text end 14.24 new text begin employment opportunities in competitive new text end 14.25 new text begin business enterprises for people with new text end 14.26 new text begin disabilities. The appropriation in this section new text end 14.27 new text begin must be used to provide employee and new text end 14.28 new text begin program services eligible for funding under new text end 14.29 new text begin the American Recovery and Reinvestment new text end 14.30 new text begin Act. This appropriation is available until new text end 14.31 new text begin expended. No nonstate match is required for new text end 14.32 new text begin this grant. new text end 14.33 new text begin (cc) All Wagner-Peyser funds available to new text end 14.34 new text begin the state for job seeker services under the new text end 14.35 new text begin American Recovery and Reinvestment Act of new text end 15.1 new text begin 2009, Public Law 111-5, must be allocated to new text end 15.2 new text begin workforce development centers for universal new text end 15.3 new text begin job seeker services. new text end 15.4 new text begin (dd) All Workforce Investment Act new text end 15.5 new text begin discretionary funds available to the new text end 15.6 new text begin commissioner for workforce development new text end 15.7 new text begin under the American Recovery and new text end 15.8 new text begin Reinvestment Act of 2009, Public Law new text end 15.9 new text begin 111-5, must first be allocated to replace new text end 15.10 new text begin reductions in state general fund or workforce new text end 15.11 new text begin development fund resources for employment new text end 15.12 new text begin and training or youth programs. new text end 15.13 new text begin The commissioner shall not use any new text end 15.14 new text begin unallocated discretionary funds available new text end 15.15 new text begin to the department under the American new text end 15.16 new text begin Recovery and Reinvestment Act, Public Law new text end 15.17 new text begin 111-5, to hire full-time or part-time staff or new text end 15.18 new text begin enter into professional or technical contracts new text end 15.19 new text begin for any purpose other than administration new text end 15.20 new text begin of the unemployment insurance program new text end 15.21 new text begin or to provide direct services to job new text end 15.22 new text begin seekers, including assistance in filing for new text end 15.23 new text begin unemployment benefits. new text end 15.24 new text begin Subd. 4. new text end new text begin State-Funded Administration new text end new text begin 2,446,000 new text end new text begin 2,446,000 new text end 15.25 Sec. 4. new text begin PUBLIC FACILITIES AUTHORITY new text end new text begin $ new text end new text begin 100,000 new text end new text begin $ new text end new text begin 100,000 new text end 15.26 new text begin $100,000 the first year and $100,000 the new text end 15.27 new text begin second year are for the small community new text end 15.28 new text begin wastewater treatment program under new text end 15.29 new text begin Minnesota Statutes, chapter 446A. This new text end 15.30 new text begin appropriation is available until spent. new text end 15.31 Sec. 5. new text begin EXPLORE MINNESOTA TOURISM new text end new text begin $ new text end new text begin 10,311,000 new text end new text begin $ new text end new text begin 10,311,000 new text end 15.32 new text begin (a) Of this amount, $12,000 each year is for a new text end 15.33 new text begin grant to the Upper Minnesota Film Office. new text end 16.1 new text begin (b) To develop maximum private sector new text end 16.2 new text begin involvement in tourism, $500,000 the first new text end 16.3 new text begin year and $500,000 the second year must new text end 16.4 new text begin be matched by Explore Minnesota Tourism new text end 16.5 new text begin from nonstate sources. Each $1 of state new text end 16.6 new text begin incentive must be matched with $3 of private new text end 16.7 new text begin sector funding. Cash match is defined as new text end 16.8 new text begin revenue to the state or documented cash new text end 16.9 new text begin expenditures directly expended to support new text end 16.10 new text begin Explore Minnesota Tourism programs. Up new text end 16.11 new text begin to one-half of the private sector contribution new text end 16.12 new text begin may be in-kind or soft match. The incentive new text end 16.13 new text begin in the first year shall be based on fiscal new text end 16.14 new text begin year 2009 private sector contributions. The new text end 16.15 new text begin incentive in the second year will be based on new text end 16.16 new text begin fiscal year 2010 private sector contributions. new text end 16.17 new text begin This incentive is ongoing. new text end 16.18 new text begin Funding for the marketing grants is available new text end 16.19 new text begin either year of the biennium. Unexpended new text end 16.20 new text begin grant funds from the first year are available new text end 16.21 new text begin in the second year. new text end 16.22 new text begin Unexpended money from the general fund new text end 16.23 new text begin appropriations made under this section new text end 16.24 new text begin does not cancel but must be placed in a new text end 16.25 new text begin special marketing account for use by Explore new text end 16.26 new text begin Minnesota Tourism for additional marketing new text end 16.27 new text begin activities. new text end 16.28 new text begin (c) $325,000 the first year and $325,000 the new text end 16.29 new text begin second year are for the Minnesota Film and new text end 16.30 new text begin TV Board. The appropriation in each year new text end 16.31 new text begin is available only upon receipt by the board new text end 16.32 new text begin of $1 in matching contributions of money or new text end 16.33 new text begin in-kind contributions from nonstate sources new text end 16.34 new text begin for every $3 provided by this appropriation. new text end 17.1 new text begin (d) $650,000 the first year and $650,000 new text end 17.2 new text begin the second year are appropriated for a grant new text end 17.3 new text begin to the Minnesota Film and TV Board for new text end 17.4 new text begin the film jobs production program under new text end 17.5 new text begin Minnesota Statutes, section 116U.26. These new text end 17.6 new text begin appropriations are available in either year new text end 17.7 new text begin of the biennium and are available until new text end 17.8 new text begin expended. new text end 17.9 Sec. 6. new text begin HOUSING FINANCE AGENCY new text end 17.10 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 45,208,000 new text end new text begin $ new text end new text begin 45,208,000 new text end 17.11 new text begin The amounts that may be spent for each new text end 17.12 new text begin purpose are specified in the following new text end 17.13 new text begin subdivisions. new text end 17.14 new text begin This appropriation is for transfer to the new text end 17.15 new text begin housing development fund for the programs new text end 17.16 new text begin specified. Except as otherwise indicated, this new text end 17.17 new text begin transfer is part of the agency's permanent new text end 17.18 new text begin budget base. new text end 17.19 new text begin Subd. 2. new text end new text begin Challenge Program new text end new text begin 9,517,000 new text end new text begin 9,517,000 new text end 17.20 new text begin For the economic development and housing new text end 17.21 new text begin challenge program under Minnesota Statutes, new text end 17.22 new text begin section 462A.33. Of this amount, $1,395,000 new text end 17.23 new text begin each year shall be made available during the new text end 17.24 new text begin first 11 months of the fiscal year exclusively new text end 17.25 new text begin for housing projects for American Indians. new text end 17.26 new text begin Any funds not committed to housing projects new text end 17.27 new text begin for American Indians in the first 11 months new text end 17.28 new text begin of the fiscal year shall be available for any new text end 17.29 new text begin eligible activity under Minnesota Statutes, new text end 17.30 new text begin section 462A.33. new text end 17.31 new text begin Base Adjustment. new text end new text begin Beginning July 1, 2011, new text end 17.32 new text begin the base is reduced by $1,150,000. new text end 17.33 new text begin Subd. 3. new text end new text begin Housing Trust Fund new text end new text begin 10,555,000 new text end new text begin 10,555,000 new text end 18.1 new text begin For deposit in the housing trust fund account new text end 18.2 new text begin created under Minnesota Statutes, section new text end 18.3 new text begin 462A.201, and used for the purposes new text end 18.4 new text begin provided in that section. new text end 18.5 new text begin Subd. 4. new text end new text begin Rental Assistance for Mentally Ill new text end new text begin 2,638,000 new text end new text begin 2,638,000 new text end 18.6 new text begin For a rental housing assistance program for new text end 18.7 new text begin persons with a mental illness or families with new text end 18.8 new text begin an adult member with a mental illness under new text end 18.9 new text begin Minnesota Statutes, section new text end new text begin . new text end 18.10 new text begin Subd. 5. new text end new text begin Family Homeless Prevention new text end new text begin 7,465,000 new text end new text begin 7,465,000 new text end 18.11 new text begin For the family homeless prevention and new text end 18.12 new text begin assistance programs under Minnesota new text end 18.13 new text begin Statutes, section new text end new text begin . new text end 18.14 new text begin Subd. 6. new text end new text begin Home Ownership Assistance Fund new text end new text begin 385,000 new text end new text begin 385,000 new text end 18.15 new text begin For the home ownership assistance program new text end 18.16 new text begin under Minnesota Statutes, section 462A.21, new text end 18.17 new text begin subdivision 8. In fiscal years 2012 and 2013, new text end 18.18 new text begin the base shall be $885,000 each year. new text end 18.19 new text begin Subd. 7. new text end new text begin Affordable Rental Investment Fund new text end new text begin 8,996,000 new text end new text begin 8,996,000 new text end 18.20 new text begin For the affordable rental investment fund new text end 18.21 new text begin program under Minnesota Statutes, section new text end 18.22 new text begin 462A.21, subdivision 8b new text end new text begin . The appropriation new text end 18.23 new text begin is to finance the acquisition, rehabilitation, new text end 18.24 new text begin and debt restructuring of federally assisted new text end 18.25 new text begin rental property and for making equity new text end 18.26 new text begin take-out loans under Minnesota Statutes, new text end 18.27 new text begin section 462A.05, subdivision 39. new text end 18.28 new text begin The owner of federally assisted rental new text end 18.29 new text begin property must agree to participate in new text end 18.30 new text begin the applicable federally assisted housing new text end 18.31 new text begin program and to extend any existing new text end 18.32 new text begin low-income affordability restrictions on the new text end 18.33 new text begin housing for the maximum term permitted. new text end 18.34 new text begin The owner must also enter into an agreement new text end 19.1 new text begin that gives local units of government, new text end 19.2 new text begin housing and redevelopment authorities, new text end 19.3 new text begin and nonprofit housing organizations the new text end 19.4 new text begin right of first refusal if the rental property new text end 19.5 new text begin is offered for sale. Priority must be given new text end 19.6 new text begin among comparable federally assisted rental new text end 19.7 new text begin properties to properties with the longest new text end 19.8 new text begin remaining term under an agreement for new text end 19.9 new text begin federal assistance. Priority must also be new text end 19.10 new text begin given among comparable rental housing new text end 19.11 new text begin developments to developments that are or new text end 19.12 new text begin will be owned by local government units, a new text end 19.13 new text begin housing and redevelopment authority, or a new text end 19.14 new text begin nonprofit housing organization. new text end 19.15 new text begin The appropriation also may be used to finance new text end 19.16 new text begin the acquisition, rehabilitation, and debt new text end 19.17 new text begin restructuring of existing supportive housing new text end 19.18 new text begin properties. For purposes of this subdivision, new text end 19.19 new text begin "supportive housing" means affordable rental new text end 19.20 new text begin housing with links to services necessary for new text end 19.21 new text begin individuals, youth, and families with children new text end 19.22 new text begin to maintain housing stability. new text end 19.23 new text begin Subd. 8. new text end new text begin Housing Rehabilitation new text end new text begin 4,287,000 new text end new text begin 4,287,000 new text end 19.24 new text begin For the housing rehabilitation program new text end 19.25 new text begin under Minnesota Statutes, section new text end new text begin , new text end 19.26 new text begin subdivision 14, for rental housing new text end 19.27 new text begin developments. new text end 19.28 19.29 new text begin Subd. 9. new text end new text begin Homeownership Education, new text end new text begin Counseling, and Training new text end new text begin 865,000 new text end new text begin 865,000 new text end 19.30 new text begin For the homeownership education, new text end 19.31 new text begin counseling, and training program under new text end 19.32 new text begin Minnesota Statutes, section new text end new text begin . new text end 19.33 new text begin Subd. 10. new text end new text begin Capacity Building Grants new text end new text begin 250,000 new text end new text begin 250,000 new text end 20.1 new text begin For nonprofit capacity building grants new text end 20.2 new text begin under Minnesota Statutes, section new text end new text begin , new text end 20.3 new text begin subdivision 3b. new text end 20.4 20.5 new text begin Subd. 11. new text end new text begin Transfer of Disaster Relief new text end new text begin Contingency Funds new text end 20.6 new text begin $1,500,000 of the amount unobligated new text end 20.7 new text begin and unencumbered in the disaster relief new text end 20.8 new text begin contingency fund under Minnesota Statutes, new text end 20.9 new text begin section 462A.21, subdivision 29, is new text end 20.10 new text begin transferred to the housing trust fund under new text end 20.11 new text begin Minnesota Statutes, section 462A.201, for new text end 20.12 new text begin grants for temporary rental assistance for new text end 20.13 new text begin families with children who are homeless and new text end 20.14 new text begin in need of or utilizing an emergency shelter new text end 20.15 new text begin facility. This is a onetime transfer and is not new text end 20.16 new text begin added to the agency's permanent budget base. new text end 20.17 20.18 new text begin Subd. 12. new text end new text begin Demonstration Project for High-Risk new text end new text begin Adults new text end 20.19 new text begin $250,000 in fiscal year 2010 and $250,000 new text end 20.20 new text begin in fiscal year 2011 are appropriated from new text end 20.21 new text begin the general fund to the commissioner of the new text end 20.22 new text begin Housing Finance Agency for grants to the new text end 20.23 new text begin nonprofit organization selected to administer new text end 20.24 new text begin the demonstration project for high-risk adults new text end 20.25 new text begin under Laws 2007, chapter 54, article 1, new text end 20.26 new text begin section 19, in order to continue the project new text end 20.27 new text begin for a second biennium. This is a onetime new text end 20.28 new text begin appropriation. new text end 20.29 Sec. 7. new text begin Commissioner of Finance new text end new text begin $ new text end new text begin 5,000 new text end new text begin $ new text end new text begin 5,000 new text end 20.30 new text begin $5,000 in fiscal year 2010 and $5,000 in new text end 20.31 new text begin fiscal year 2011 are for the commissioner of new text end 20.32 new text begin finance for administrative expenses under new text end 20.33 new text begin section 327C.03. new text end 21.1 21.2 Sec. 8. new text begin DEPARTMENT OF LABOR AND new text end new text begin INDUSTRY new text end 21.3 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 22,780,000 new text end new text begin $ new text end new text begin 22,780,000 new text end 21.4 new text begin Appropriations by Fund new text end 21.5 new text begin 2010 new text end new text begin 2011 new text end 21.6 new text begin General new text end new text begin 880,000 new text end new text begin 880,000 new text end 21.7 21.8 new text begin Workers' new text end new text begin Compensation new text end new text begin 20,871,000 new text end new text begin 20,871,000 new text end 21.9 21.10 new text begin Workforce new text end new text begin Development new text end new text begin 1,029,000 new text end new text begin 1,029,000 new text end 21.11 new text begin The amounts that may be spent for each new text end 21.12 new text begin purpose are specified in the following new text end 21.13 new text begin subdivisions. new text end 21.14 new text begin Subd. 2. new text end new text begin Workers' Compensation new text end new text begin 14,890,000 new text end new text begin 14,890,000 new text end 21.15 new text begin This appropriation is from the workers' new text end 21.16 new text begin compensation fund. new text end 21.17 new text begin $200,000 each year is for grants to the new text end 21.18 new text begin Vinland Center for rehabilitation services. new text end 21.19 new text begin Grants shall be distributed as the department new text end 21.20 new text begin refers injured workers to the Vinland Center new text end 21.21 new text begin for rehabilitation services. new text end 21.22 new text begin Subd. 3. new text end new text begin Labor Standards/Apprenticeship new text end new text begin 1,909,000 new text end new text begin 1,909,000 new text end 21.23 new text begin Appropriations by Fund new text end 21.24 new text begin General new text end new text begin 880,000 new text end new text begin 880,000 new text end 21.25 21.26 new text begin Workforce new text end new text begin Development new text end new text begin 1,029,000 new text end new text begin 1,029,000 new text end 21.27 new text begin (a) The appropriation from the workforce new text end 21.28 new text begin development fund is for the apprenticeship new text end 21.29 new text begin program under Minnesota Statutes, chapter new text end 21.30 new text begin 178, and includes $100,000 each year for new text end 21.31 new text begin labor education and advancement program new text end 21.32 new text begin grants and to expand and promote registered new text end 21.33 new text begin apprenticeship training in nonconstruction new text end 21.34 new text begin trade programs. new text end 22.1 new text begin (b) $150,000 each year is from the workforce new text end 22.2 new text begin development fund for prevailing wage new text end 22.3 new text begin enforcement. new text end 22.4 new text begin (c) $200,000 the first year and $200,000 new text end 22.5 new text begin the second year are from the assigned risk new text end 22.6 new text begin safety account for independent contractor new text end 22.7 new text begin investigator services to ensure compliance new text end 22.8 new text begin with the state's independent contractor new text end 22.9 new text begin exemption certificate program under new text end 22.10 new text begin Minnesota Statutes, section 181.723. new text end 22.11 new text begin Subd. 4. new text end new text begin General Support new text end new text begin 5,981,000 new text end new text begin 5,981,000 new text end 22.12 new text begin This appropriation is from the workers' new text end 22.13 new text begin compensation fund. new text end 22.14 22.15 Sec. 9. new text begin BUREAU OF MEDIATION new text end new text begin SERVICES new text end 22.16 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 1,683,000 new text end new text begin $ new text end new text begin 1,683,000 new text end 22.17 new text begin The amounts that may be spent for each new text end 22.18 new text begin purpose are specified in the following new text end 22.19 new text begin subdivisions. new text end 22.20 new text begin Subd. 2. new text end new text begin Mediation Services new text end new text begin 1,583,000 new text end new text begin 1,583,000 new text end 22.21 22.22 new text begin Subd. 3. new text end new text begin Labor Management Cooperation new text end new text begin Grants new text end new text begin 100,000 new text end new text begin 100,000 new text end 22.23 new text begin $100,000 each year is for grants to area labor new text end 22.24 new text begin management committees. Grants may be new text end 22.25 new text begin awarded for a 12-month period beginning new text end 22.26 new text begin July 1 each year. Any unencumbered balance new text end 22.27 new text begin remaining at the end of the first year does not new text end 22.28 new text begin cancel but is available for the second year. new text end 22.29 22.30 Sec. 10. new text begin WORKERS' COMPENSATION new text end new text begin COURT OF APPEALS new text end new text begin $ new text end new text begin 1,703,000 new text end new text begin $ new text end new text begin 1,703,000 new text end 22.31 new text begin This appropriation is from the workers' new text end 22.32 new text begin compensation fund. new text end 23.1 23.2 Sec. 11. new text begin MINNESOTA HISTORICAL new text end new text begin SOCIETY new text end 23.3 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 22,719,000 new text end new text begin $ new text end new text begin 22,613,000 new text end 23.4 new text begin The amounts that may be spent for each new text end 23.5 new text begin purpose are specified in the following new text end 23.6 new text begin subdivisions. new text end 23.7 new text begin Subd. 2. new text end new text begin Education and Outreach new text end new text begin 12,870,000 new text end new text begin 12,870,000 new text end 23.8 new text begin Notwithstanding Minnesota Statutes, section new text end 23.9 new text begin 138.668, the Minnesota Historical Society new text end 23.10 new text begin may not charge a fee for its general tours at new text end 23.11 new text begin the Capitol, but may charge fees for special new text end 23.12 new text begin programs other than general tours. new text end 23.13 new text begin Subd. 3. new text end new text begin Preservation and Access new text end new text begin 9,585,000 new text end new text begin 9,585,000 new text end 23.14 new text begin Subd. 4. new text end new text begin Fiscal Agent new text end 23.15 new text begin (a) Minnesota International Center new text end new text begin 40,000 new text end new text begin 40,000 new text end 23.16 new text begin (b) Minnesota Air National Guard Museum new text end new text begin 14,000 new text end new text begin 0 new text end 23.17 new text begin (c) Minnesota Military Museum new text end new text begin 92,000 new text end new text begin 0 new text end 23.18 new text begin (d) Farmamerica new text end new text begin 118,000 new text end new text begin 118,000 new text end 23.19 new text begin (e) Balances Forward new text end 23.20 new text begin Any unencumbered balance remaining in new text end 23.21 new text begin this subdivision the first year does not cancel new text end 23.22 new text begin but is available for the second year of the new text end 23.23 new text begin biennium. new text end 23.24 new text begin The general fund base for the Minnesota Air new text end 23.25 new text begin National Guard Museum in fiscal year 2012 new text end 23.26 new text begin is $16,000. new text end 23.27 new text begin The general fund base for the Minnesota new text end 23.28 new text begin Military Museum in fiscal year 2012 is new text end 23.29 new text begin $100,000. new text end 23.30 new text begin Subd. 5. new text end new text begin Fund Transfer new text end 23.31 new text begin The Minnesota Historical Society may new text end 23.32 new text begin reallocate funds appropriated in and between new text end 24.1 new text begin subdivisions 2 and 3 for any program new text end 24.2 new text begin purposes and the appropriations are available new text end 24.3 new text begin in either year of the biennium. new text end 24.4 Sec. 12. new text begin BOARD OF ACCOUNTANCY new text end new text begin $ new text end new text begin 505,000 new text end new text begin $ new text end new text begin 505,000 new text end 24.5 24.6 24.7 24.8 Sec. 13. new text begin BOARD OF ARCHITECTURE, new text end new text begin ENGINEERING, LAND SURVEYING, new text end new text begin LANDSCAPE ARCHITECTURE, new text end new text begin GEOSCIENCE, AND INTERIOR DESIGN new text end new text begin $ new text end new text begin 815,000 new text end new text begin $ new text end new text begin 815,000 new text end 24.9 24.10 Sec. 14. new text begin BOARD OF BARBER AND new text end new text begin COSMETOLOGIST EXAMINERS new text end new text begin $ new text end new text begin 839,000 new text end new text begin $ new text end new text begin 839,000 new text end 24.11 24.12 Sec. 15. new text begin COMBATIVE SPORTS new text end new text begin COMMISSION new text end new text begin $ new text end new text begin 125,000 new text end new text begin $ new text end new text begin 125,000 new text end 24.13 new text begin The appropriation is to transition the new text end 24.14 new text begin commission to being a self-funded entity. new text end 24.15 24.16 Sec. 16. new text begin LEGISLATIVE COORDINATING new text end new text begin COMMISSION new text end new text begin $ new text end new text begin 70,000 new text end new text begin $ new text end new text begin 0 new text end 24.17 new text begin From the general fund to the Legislative new text end 24.18 new text begin Coordinating Commission under Minnesota new text end 24.19 new text begin Statutes, section 3.303, for fiscal year 2010 new text end 24.20 new text begin for the economic development strategy new text end 24.21 new text begin working group established in article 2, new text end 24.22 new text begin section 41. new text end 24.23 Sec. 17. new text begin BOARD OF THE ARTS new text end 24.24 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 9,530,000 new text end new text begin $ new text end new text begin 9,530,000 new text end 24.25 new text begin The amounts that may be spent for each new text end 24.26 new text begin purpose are specified in the following new text end 24.27 new text begin subdivisions. new text end 24.28 new text begin Subd. 2. new text end new text begin Operations and Services new text end new text begin 600,000 new text end new text begin 600,000 new text end 24.29 new text begin Subd. 3. new text end new text begin Grants Program new text end new text begin 6,202,000 new text end new text begin 6,202,000 new text end 24.30 new text begin Subd. 4. new text end new text begin Regional Arts Councils new text end new text begin 2,728,000 new text end new text begin 2,728,000 new text end 25.1 25.2 Sec. 18. new text begin MINNESOTA HUMANITIES new text end new text begin CENTER new text end new text begin $ new text end new text begin 238,000 new text end new text begin $ new text end new text begin 238,000 new text end 25.3 Sec. 19. new text begin PUBLIC BROADCASTING new text end new text begin $ new text end new text begin 1,955,000 new text end new text begin $ new text end new text begin 1,955,000 new text end 25.4 new text begin (a) $1,161,000 the first year and $1,161,000 new text end 25.5 new text begin the second year are for matching grants for new text end 25.6 new text begin public television. new text end 25.7 new text begin (b) $200,000 the first year and $200,000 new text end 25.8 new text begin the second year are for public television new text end 25.9 new text begin equipment grants. Equipment or matching new text end 25.10 new text begin grant allocations shall be made after new text end 25.11 new text begin considering the recommendations of the new text end 25.12 new text begin Minnesota Public Television Association. new text end 25.13 new text begin (c) $17,000 the first year and $17,000 the new text end 25.14 new text begin second year are for grants to the Twin Cities new text end 25.15 new text begin regional cable channel. new text end 25.16 new text begin (d) $287,000 the first year and $287,000 the new text end 25.17 new text begin second year are for community service grants new text end 25.18 new text begin to public educational radio stations. new text end 25.19 new text begin (e) $100,000 the first year and $100,000 new text end 25.20 new text begin the second year are for equipment grants to new text end 25.21 new text begin public educational radio stations. new text end 25.22 new text begin (f) The grants in paragraphs (d) and (e) new text end 25.23 new text begin must be allocated after considering the new text end 25.24 new text begin recommendations of the Association of new text end 25.25 new text begin Minnesota Public Educational Radio Stations new text end 25.26 new text begin under Minnesota Statutes, section 129D.14. new text end 25.27 new text begin (g) $190,000 the first year and $190,000 new text end 25.28 new text begin the second year are for equipment grants to new text end 25.29 new text begin Minnesota Public Radio, Inc. new text end 25.30 new text begin (h) Any unencumbered balance remaining new text end 25.31 new text begin the first year for grants to public television or new text end 25.32 new text begin radio stations does not cancel and is available new text end 25.33 new text begin for the second year. new text end 26.1    Sec. 20. Laws 1998, chapter 404, section 23, subdivision 6, as amended by Laws 2002, 26.2chapter 220, article 10, section 35, subdivision 6, is amended to read: 26.3 Subd. 6.St. Paul RiverCentre Arena 65,000,000 26.4This appropriation is from the general fund 26.5to the commissioner of finance for a loan to 26.6the city of St. Paul to demolish the existing 26.7St. Paul RiverCentre Arena and to design, 26.8construct, furnish, and equip a new arena. 26.9This appropriation is not available until the 26.10lessee to whom the city has leased the arena 26.11has agreed to make rental or other payments 26.12to the city under the terms set forth in this 26.13subdivision. The loan is repayable solely 26.14from and secured by the payments made 26.15to the city by the lessee. The loan is not a 26.16public debt and the full faith, credit, and 26.17taxing powers of the city are not pledged for 26.18its repayment. 26.19(a) $48,000,000 new text begin $15,250,000 new text end of the loan 26.20must be repaid to the commissioner, without 26.21interest, within 20 new text begin 12 new text end years from the date 26.22of substantial completion of the arena in 26.23accordance with the following schedule: 26.24(1) no repayments are due in the first two 26.25years from the date of substantial completion; 26.26(2) in each of the years three to five, the 26.27lessee must pay $1,250,000; 26.28(3) in each of the years six to ten, the lessee 26.29must pay $1,500,000; new text begin and new text end 26.30(4) in each of the years 11 to 13 new text begin 12 new text end , the lessee 26.31must pay $2,000,000; new text begin . new text end 26.32(5) in year 14, the lessee must pay 26.33$3,000,000; 27.1(6) in year 15, the lessee must pay 27.2$4,000,000; and 27.3(7) in each of the years 16 to 20, the lessee 27.4must pay $4,750,000. 27.5(b) The commissioner must deposit the 27.6repayments in the state treasury and credit 27.7them to the general fund. 27.8(c) The loan may not be made until the 27.9commissioner has entered into an agreement 27.10with the city of St. Paul identifying the rental 27.11or other payments that will be made and 27.12establishing the dates on and the amounts 27.13in which the payments will be made to the 27.14city and by the city to the commissioner. The 27.15payments may include operating revenues 27.16and additional payments to be made by the 27.17lessee under agreements to be negotiated 27.18between the commissioner, the city, and the 27.19lessee. Those agreements may include, but 27.20are not limited to, an agreement whereby the 27.21lessee pledges to provide each year a letter 27.22of credit sufficient to guarantee the payment 27.23of the amount due for the next succeeding 27.24year; an agreement whereby the lessee 27.25agrees to maintain a net worth, certified each 27.26year by a financial institution or accounting 27.27firm satisfactory to the commissioner, that 27.28is greater than the balance due under the 27.29payment schedule in paragraph (a); and any 27.30other agreements the commissioner may 27.31deem necessary to ensure that the payments 27.32are made as scheduled. 27.33(d) The agreements must provide that the 27.34failure of the lessee to make a payment due 27.35to the city under the agreement is an event 28.1of default under the lease between the city 28.2and the lessee and that the state is entitled to 28.3enforce the remedies of the lessor under the 28.4lease in the event of default. Those remedies 28.5must include, but need not be limited to, the 28.6obligation of the lessee to pay the balance due 28.7for the remainder of the payment schedule 28.8in the event the lessee ceases to operate a 28.9National Hockey League team in the arena. 28.10(e) By January 1, 1999, the commissioner 28.11shall report to the chair of the senate 28.12committee on state government finance 28.13and the chair of the house committee on 28.14ways and means the terms of an agreement 28.15between the lessee and the amateur sports 28.16commission whereby the lessee agrees to 28.17make the facilities of the arena available to 28.18the commission on terms satisfactory to the 28.19commission for amateur sports activities 28.20consistent with the purposes of Minnesota 28.21Statutes, chapter 240A, each year during the 28.22time the loan is outstanding. The amateur 28.23sports commission must negotiate in good 28.24faith and may be required to pay no more 28.25than actual out-of-pocket expenses for the 28.26time it uses the arena. The agreement may 28.27not become effective before February 1, 28.281999. During any calendar year after 1999 28.29that an agreement under this paragraph is 28.30not in effect and a payment is due under 28.31the schedule, the lessee must pay to the 28.32commissioner a penalty of $750,000 for that 28.33year. If the amateur sports commission has 28.34not negotiated in good faith, no penalty is 28.35due. 29.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the city of St. Paul new text end 29.2 new text begin issues up to $40,000,000 in bonds for a community ice facility as authorized in law. new text end 29.3ARTICLE 2 29.4EMPLOYMENT AND ECONOMIC DEVELOPMENT-RELATED PROVISIONS 29.5    Section 1. Minnesota Statutes 2008, section 15.75, subdivision 5, is amended to read: 29.6    Subd. 5. Agreements with Department of Employment and Economic 29.7Development. The commissioner of employment and economic development may 29.8enter into agreements with regional entities established under subdivision 4 to prepare 29.9plans to ensure coordination of the department's business development, community 29.10development, new text begin workforce development, new text end and trade functions with programs of local units of 29.11government and other public and private development agencies in the regions. The plans 29.12will identify regional development priorities and serve as a guide for the implementation 29.13of the department's programs in the regions. 29.14    Sec. 2. Minnesota Statutes 2008, section 16B.54, subdivision 2, is amended to read: 29.15    Subd. 2. Vehicles. (a) The commissioner may direct an agency to make a transfer of 29.16a passenger motor vehicle or truck currently assigned to it. The transfer must be made to 29.17the commissioner for use in the central motor pool. The commissioner shall reimburse an 29.18agency whose motor vehicles have been paid for with funds dedicated by the Constitution 29.19for a special purpose and which are assigned to the central motor pool. The amount of 29.20reimbursement for a motor vehicle is its average wholesale price as determined from the 29.21midwest edition of the National Automobile Dealers Association official used car guide. 29.22(b) To the extent that funds are available for the purpose, the commissioner may 29.23purchase or otherwise acquire additional passenger motor vehicles and trucks necessary 29.24for the central motor pool. The title to all motor vehicles assigned to or purchased or 29.25acquired for the central motor pool is in the name of the Department of Administration. 29.26(c) On the request of an agency, the commissioner may transfer to the central 29.27motor pool any passenger motor vehicle or truck for the purpose of disposing of it. The 29.28department or agency transferring the vehicle or truck must be paid for it from the motor 29.29pool revolving account established by this section in an amount equal to two-thirds of the 29.30average wholesale price of the vehicle or truck as determined from the midwest edition of 29.31the National Automobile Dealers Association official used car guide. 29.32(d) The commissioner shall provide for the uniform marking of all motor vehicles. 29.33Motor vehicle colors must be selected from the regular color chart provided by the 30.1manufacturer each year. The commissioner may further provide for the use of motor 30.2vehicles without marking by: 30.3(1) the governor; 30.4(2) the lieutenant governor; 30.5(3) the Division of Criminal Apprehension, the Division of Alcohol and Gambling 30.6Enforcement, and arson investigators of the Division of Fire Marshal in the Department of 30.7Public Safety; 30.8(4) the Financial Institutions Division new text begin and investigative staff new text end of the Department 30.9of Commerce; 30.10(5) the Division of Disease Prevention and Control of the Department of Health; 30.11(6) the State Lottery; 30.12(7) criminal investigators of the Department of Revenue; 30.13(8) state-owned community service facilities in the Department of Human Services; 30.14(9) the investigative staff of the Department of Employment and Economic 30.15Development; 30.16(10) new text begin (9) new text end the Office of the Attorney General; and 30.17(11) new text begin (10) new text end the investigative staff of the Gambling Control Board. 30.18    Sec. 3. Minnesota Statutes 2008, section 84.94, subdivision 3, is amended to read: 30.19    Subd. 3. Identification and classification. The Department of Natural Resources, 30.20with the cooperation of the state Geological Survey, Departments new text begin the Department new text end of 30.21Transportation, and Energy, Planning and Development new text begin the Department of Employment new text end 30.22 new text begin and Economic Development new text end , outside of the metropolitan area as defined in section 30.23473.121 , shall conduct a program of identification and classification of potentially valuable 30.24publicly or privately owned aggregate lands located outside of urban or developed areas 30.25where aggregate mining is restricted, without consideration of their present land use. The 30.26program shall give priority to identification and classification in areas of the state where 30.27urbanization or other factors are or may be resulting in a loss of aggregate resources to 30.28development. Lands shall be classified as: 30.29(1) identified resources, being those containing significant aggregate deposits; 30.30(2) potential resources, being those containing potentially significant deposits and 30.31meriting further evaluation; or 30.32(3) subeconomic resources, being those containing no significant deposits. 30.33As lands are classified, the information on the classification shall be transmitted to 30.34each of the departments and agencies named in this subdivision, to the planning authority 30.35of the appropriate county and municipality, and to the appropriate county engineer. The 31.1county planning authority shall notify owners of land classified under this subdivision by 31.2publication in a newspaper of general circulation in the county or by mail. 31.3    Sec. 4. Minnesota Statutes 2008, section 115C.08, subdivision 4, is amended to read: 31.4    Subd. 4. Expenditures. (a) Money in the fund may only be spent: 31.5(1) to administer the petroleum tank release cleanup program established in this 31.6chapter; 31.7(2) for agency administrative costs under sections 116.46 to 116.50, sections 31.8115C.03 to 115C.06, and costs of corrective action taken by the agency under section 31.9115C.03 , including investigations; 31.10(3) for costs of recovering expenses of corrective actions under section 115C.04; 31.11(4) for training, certification, and rulemaking under sections 116.46 to 116.50; 31.12(5) for agency administrative costs of enforcing rules governing the construction, 31.13installation, operation, and closure of aboveground and underground petroleum storage 31.14tanks; 31.15(6) for reimbursement of the environmental response, compensation, and compliance 31.16account under subdivision 5 and section 115B.26, subdivision 4; 31.17(7) for administrative and staff costs as set by the board to administer the petroleum 31.18tank release program established in this chapter; 31.19(8) for corrective action performance audits under section 115C.093; 31.20(9) for contamination cleanup grants, as provided in paragraph (c); and 31.21(10) to assess and remove abandoned underground storage tanks under section 31.22115C.094 and, if a release is discovered, to pay for the specific consultant and contractor 31.23services costs necessary to complete the tank removal project, including, but not limited 31.24to, excavation soil sampling, groundwater sampling, soil disposal, and completion of an 31.25excavation report. 31.26(b) Except as provided in paragraph (c), money in the fund is appropriated to the 31.27board to make reimbursements or payments under this section. 31.28(c) $6,200,000 is annually appropriated from the fund to the commissioner of 31.29employment and economic development for contamination cleanup grants under section 31.30116J.554 . Of this amount, the commissioner may spend up to $180,000 new text begin $225,000 new text end annually 31.31for administration of the contamination cleanup grant program. The appropriation does 31.32not cancel and is available until expended. The appropriation shall not be withdrawn from 31.33the fund nor the fund balance reduced until the funds are requested by the commissioner 31.34of employment and economic development. The commissioner shall schedule requests 31.35for withdrawals from the fund to minimize the necessity to impose the fee authorized by 32.1subdivision 2. Unless otherwise provided, the appropriation in this paragraph may be 32.2used for: 32.3(1) project costs at a qualifying site if a portion of the cleanup costs are attributable 32.4to petroleum contamination new text begin or new and used tar and tar-like substances, including but not new text end 32.5 new text begin limited to bitumen and asphalt, but excluding bituminous or asphalt pavement, that consist new text end 32.6 new text begin primarily of hydrocarbons and are found in natural deposits in the earth or are distillates, new text end 32.7 new text begin fractions or residues from the processing of petroleum crude or petroleum products as new text end 32.8 new text begin defined in section 296A.01 new text end ; and 32.9(2) the costs of performing contamination investigation if there is a reasonable basis 32.10to suspect the contamination is attributable to petroleum new text begin or new and used tar and tar-like new text end 32.11 new text begin substances, including but not limited to bitumen and asphalt, but excluding bituminous or new text end 32.12 new text begin asphalt pavement, that consist primarily of hydrocarbons and are found in natural deposits new text end 32.13 new text begin in the earth or are distillates, fractions, or residues from the processing of petroleum crude new text end 32.14 new text begin or petroleum products as defined in section 296A.01 new text end . 32.15    Sec. 5. Minnesota Statutes 2008, section 116J.035, subdivision 1, is amended to read: 32.16    Subdivision 1. Powers. (a) The commissioner may: 32.17(1) apply for, receive, and expend money from municipal, county, regional, and 32.18other government agencies; 32.19(2) apply for, accept, and disburse grants and other aids from other public or private 32.20sources; 32.21(3) contract for professional services if such work or services cannot be satisfactorily 32.22performed by employees of the department or by any other state agency; 32.23(4) enter into interstate compacts to jointly carry out such research and planning with 32.24other states or the federal government where appropriate; 32.25(5) distribute informational material at no cost to the public upon reasonable request; 32.26and 32.27(6) enter into contracts necessary for the performance of the commissioner's duties 32.28with federal, state, regional, metropolitan, local, and other agencies or units of government; 32.29educational institutions, including the University of Minnesota. Contracts made pursuant 32.30to this section shall not be subject to the competitive bidding requirements of chapter 16C. 32.31(b) The commissioner may apply for, receive, and expend money made available 32.32from federal or other sources for the purpose of carrying out the duties and responsibilities 32.33of the commissioner pursuant to this chapter. 32.34(c) All moneys received by the commissioner pursuant to this chapter shall be 32.35deposited in the state treasury and new text begin , subject to section 3.3005, new text end are appropriated to the 33.1commissioner for the purpose for which the moneys have been received. The money shall 33.2not cancel and shall be available until expended. 33.3    Sec. 6. Minnesota Statutes 2008, section 116J.035, subdivision 6, is amended to read: 33.4    Subd. 6. Receipt of gifts, money new text begin ; appropriation new text end . new text begin (a) new text end The commissioner may 33.5accept gifts, bequests, grants, payments for services, and other public and private money 33.6to help finance the activities of the department. new text begin : new text end 33.7 new text begin (1) apply for, accept, and disburse gifts, bequests, grants, payments for services, new text end 33.8 new text begin loans, or other property from the United States, the state, private foundations, or any new text end 33.9 new text begin other source; new text end 33.10 new text begin (2) enter into an agreement required for the gifts, grants, or loans; and new text end 33.11 new text begin (3) hold, use, and dispose of its assets according to the terms of the gift, grant, new text end 33.12 new text begin loan, or agreement. new text end 33.13 new text begin (b) Money received by the commissioner under this subdivision must be deposited new text end 33.14 new text begin in a separate account in the state treasury and invested by the State Board of Investment. new text end 33.15 new text begin The amount deposited, including investment earnings, is appropriated to the commissioner new text end 33.16 new text begin to carry out duties under this section. new text end 33.17    Sec. 7. Minnesota Statutes 2008, section 116J.401, subdivision 2, is amended to read: 33.18    Subd. 2. Duties new text begin ; authorizations; limitations new text end . new text begin (a) new text end The commissioner of employment 33.19and economic development shall: 33.20(1) provide regional development commissions, the Metropolitan Council, and 33.21units of local government with information, technical assistance, training, and advice on 33.22using federal and state programs; 33.23(2) receive and administer the Small Cities Community Development Block Grant 33.24Program authorized by Congress under the Housing and Community Development Act of 33.251974, as amended; 33.26(3) receive and administer the section 107 technical assistance program grants 33.27authorized by Congress under the Housing and Community Development Act of 1974, as 33.28amended; 33.29(4) receive, administer, and supervise other state and federal grants and grant 33.30programs for planning, community affairs, community development purposes, 33.31employment and training services, and other state and federal programs assigned to the 33.32department by law or by the governor in accordance with section 4.07; 33.33(5) receive applications for state and federal grants and grant programs for planning, 33.34community affairs, and community development purposes, and other state and federal 34.1programs assigned to the department by law or by the governor in accordance with section 34.24.07 ; 34.3(6) act as the agent of, and cooperate with, the federal government in matters of 34.4mutual concern, including the administration of any federal funds granted to the state to 34.5aid in the performance of functions of the commissioner; 34.6(7) provide consistent, integrated employment and training services across the state; 34.7(8) administer the Wagner-Peyser Act, the Workforce Investment Act, and other 34.8federal employment and training programs; 34.9(9) establish the standards for all employment and training services administered 34.10under this chapter and chapters 116L, 248, 268, and 268A; 34.11(10) administer the aspects of the Minnesota family investment program, general 34.12assistance, and food stamps that relate to employment and training services, subject to the 34.13contract under section 116L.86, subdivision 1; 34.14(11) obtain reports from local service units and service providers for the purpose of 34.15evaluating the performance of employment and training services; 34.16(12) as requested, certify employment and training services, and decertify services 34.17that fail to comply with performance criteria according to standards established by the 34.18commissioner; 34.19(13) develop standards for the contents and structure of the local service unit plans 34.20and plans for Indian tribe employment and training services, review and comment on those 34.21plans, and approve or disapprove the plans; 34.22(14) supervise the county boards of commissioners, local service units, and any other 34.23units of government designated in federal or state law as responsible for employment and 34.24training programs; 34.25(15) establish administrative standards and payment conditions for providers of 34.26employment and training services; 34.27(16) enter into agreements with Indian tribes as necessary to provide employment 34.28and training services as appropriate funds become available; 34.29(17) cooperate with the federal government and its employment and training 34.30agencies in any reasonable manner as necessary to qualify for federal aid for employment 34.31and training services and money; 34.32(18) administer and supervise all forms of unemployment insurance provided for 34.33under federal and state laws; 34.34(19) provide current state and substate labor market information and forecasts, in 34.35cooperation with other agencies; 35.1(20) require all general employment and training programs that receive state funds 35.2to make available information about opportunities for women in nontraditional careers 35.3in the trades and technical occupations; 35.4(21) consult with the Rehabilitation Council for the Blind on matters pertaining to 35.5programs and services for the blind and visually impaired; 35.6(22) enter into agreements with other departments of the state and local units of 35.7government as necessary; and 35.8(23) establish and maintain administrative units necessary to perform administrative 35.9functions common to all divisions of the department. new text begin ; new text end 35.10 new text begin (24) investigate, study, and undertake ways and means of promoting and encouraging new text end 35.11 new text begin the prosperous development and protection of the legitimate interest and welfare of new text end 35.12 new text begin Minnesota business, industry, and commerce, within and outside the state; new text end 35.13 new text begin (25) locate markets for manufacturers and processors and aid merchants in locating new text end 35.14 new text begin and contacting markets; new text end 35.15 new text begin (26) as necessary or useful for the proper execution of the powers and duties of the new text end 35.16 new text begin commissioner in promoting and developing Minnesota business, industry, and commerce, new text end 35.17 new text begin both within and outside the state, investigate and study conditions affecting Minnesota new text end 35.18 new text begin business, industry, and commerce; collect and disseminate information; and engage in new text end 35.19 new text begin technical studies, scientific investigations, statistical research, and educational activities; new text end 35.20 new text begin (27) plan and develop an effective business information service both for the direct new text end 35.21 new text begin assistance of business and industry of the state and for the encouragement of business and new text end 35.22 new text begin industry outside the state to use economic facilities within the state; new text end 35.23 new text begin (28) compile, collect, and develop periodically, or otherwise make available, new text end 35.24 new text begin information relating to current business conditions; new text end 35.25 new text begin (29) conduct or encourage research designed to further new and more extensive uses new text end 35.26 new text begin of the natural and other resources of the state and designed to develop new products new text end 35.27 new text begin and industrial processes; new text end 35.28 new text begin (30) study trends and developments in the industries of the state and analyze the new text end 35.29 new text begin reasons underlying the trends; new text end 35.30 new text begin (31) study costs and other factors affecting successful operation of businesses within new text end 35.31 new text begin the state; new text end 35.32 new text begin (32) make recommendations regarding circumstances promoting or hampering new text end 35.33 new text begin business and industrial development; new text end 35.34 new text begin (33) serve as a clearinghouse for business and industrial problems of the state; new text end 35.35 new text begin (34) advise small business enterprises regarding improved methods of accounting new text end 35.36 new text begin and bookkeeping; new text end 36.1 new text begin (35) cooperate with interstate commissions engaged in formulating and promoting new text end 36.2 new text begin the adoption of interstate compacts and agreements helpful to business, industry, and new text end 36.3 new text begin commerce; new text end 36.4 new text begin (36) cooperate with other state departments and with boards, commissions, and new text end 36.5 new text begin other state agencies in the preparation and coordination of plans and policies for the new text end 36.6 new text begin development of the state and for the use and conservation of its resources insofar as the new text end 36.7 new text begin use, conservation, and development may be appropriately directed or influenced by a new text end 36.8 new text begin state agency; new text end 36.9 new text begin (37) in connection with state, county, and municipal public works projects, assemble new text end 36.10 new text begin and coordinate information relative to the status, scope, cost, and employment possibilities new text end 36.11 new text begin and availability of materials, equipment, and labor and recommend limitations on the new text end 36.12 new text begin public works; new text end 36.13 new text begin (38) gather current progress information with reference to public and private new text end 36.14 new text begin works projects of the state and its political subdivisions with reference to conditions of new text end 36.15 new text begin employment; new text end 36.16 new text begin (39) inquire into and report to the governor, when requested by the governor, with new text end 36.17 new text begin respect to any program of public state improvements and its financing; and request new text end 36.18 new text begin and obtain information from other state departments or agencies as may be needed for new text end 36.19 new text begin the report; new text end 36.20 new text begin (40) study changes in population and current trends and prepare plans and suggest new text end 36.21 new text begin policies for the development and conservation of the resources of the state; new text end 36.22 new text begin (41) confer and cooperate with the executive, legislative, or planning authorities of new text end 36.23 new text begin the United States, neighboring states and provinces, and the counties and municipalities new text end 36.24 new text begin of neighboring states, for the purpose of bringing about a coordination between the new text end 36.25 new text begin development of neighboring provinces, states, counties, and municipalities and the new text end 36.26 new text begin development of this state; new text end 36.27 new text begin (42) generally gather, compile, and make available statistical information relating to new text end 36.28 new text begin business, trade, commerce, industry, transportation, communication, natural resources, new text end 36.29 new text begin and other like subjects in this state, with authority to call upon other state departments for new text end 36.30 new text begin statistical data and results obtained by them and to arrange and compile that statistical new text end 36.31 new text begin information in a reasonable manner; new text end 36.32 new text begin (43) publish documents and annually convene regional meetings to inform new text end 36.33 new text begin businesses, local government units, assistance providers, and other interested persons of new text end 36.34 new text begin changes in state and federal law related to economic development; new text end 36.35 new text begin (44) annually convene conferences of providers of economic development-related new text end 36.36 new text begin financial and technical assistance for the purposes of exchanging information on economic new text end 37.1 new text begin development assistance, coordinating economic development activities, and formulating new text end 37.2 new text begin economic development strategies; new text end 37.3 new text begin (45) provide business with information on the economic benefits of energy new text end 37.4 new text begin conservation and on the availability of energy conservation assistance; new text end 37.5 new text begin (46) as part of the biennial budget process, prepare performance measures for each new text end 37.6 new text begin business loan or grant program within the jurisdiction of the commissioner. Measures new text end 37.7 new text begin include source of funds for each program, number of jobs proposed or promised at the new text end 37.8 new text begin time of application and the number of jobs created, estimated number of jobs retained, the new text end 37.9 new text begin average salary and benefits for the jobs resulting from the program, and the number of new text end 37.10 new text begin projects approved; new text end 37.11 new text begin (47) provide a continuous program of education for business people; new text end 37.12 new text begin (48) publish, disseminate, and distribute information and statistics; new text end 37.13 new text begin (49) promote and encourage the expansion and development of markets for new text end 37.14 new text begin Minnesota products; new text end 37.15 new text begin (50) promote and encourage the location and development of new businesses in the new text end 37.16 new text begin state as well as the maintenance and expansion of existing businesses and for that purpose new text end 37.17 new text begin cooperate with state and local agencies and individuals, both within and outside the state; new text end 37.18 new text begin (51) advertise and disseminate information as to natural resources, desirable new text end 37.19 new text begin locations, and other advantages for the purpose of attracting businesses to locate in this new text end 37.20 new text begin state; new text end 37.21 new text begin (52) aid the various communities in this state in attracting business to their new text end 37.22 new text begin communities; new text end 37.23 new text begin (53) advise and cooperate with municipal, county, regional, and other planning new text end 37.24 new text begin agencies and planning groups within the state for the purpose of promoting coordination new text end 37.25 new text begin between the state and localities as to plans and development in order to maintain a high new text end 37.26 new text begin level of gainful employment in private profitable production and achieve commensurate new text end 37.27 new text begin advancement in social and cultural welfare; new text end 37.28 new text begin (54) coordinate the activities of statewide and local planning agencies, correlate new text end 37.29 new text begin information secured from them and from state departments and disseminate information new text end 37.30 new text begin and suggestions to the planning agencies; new text end 37.31 new text begin (55) encourage and assist in the organization and functioning of local planning new text end 37.32 new text begin agencies where none exist; and new text end 37.33 new text begin (56) adopt measures calculated to promote public interest in and understanding of new text end 37.34 new text begin the problems of planning and, to that end, may publish and distribute copies of any plan new text end 37.35 new text begin or any report and may employ other means of publicity and education that will give full new text end 37.36 new text begin effect to the provisions of sections 116J.58 to 116J.63. new text end 38.1 new text begin (b) At the request of any governmental subdivision in paragraph (a), clause (53), new text end 38.2 new text begin the commissioner may provide planning assistance, which includes but is not limited to new text end 38.3 new text begin surveys, land use studies, urban renewal plans, technical services and other planning new text end 38.4 new text begin work to any city or other municipality in the state or perform similar planning work in new text end 38.5 new text begin any county, metropolitan area, or regional area in the state. The commissioner must not new text end 38.6 new text begin perform the planning work with respect to a metropolitan or regional area which is under new text end 38.7 new text begin the jurisdiction for planning purposes of a county, metropolitan, regional, or joint planning new text end 38.8 new text begin body, except at the request or with the consent of the respective county, metropolitan, new text end 38.9 new text begin regional, or joint planning body. new text end 38.10 new text begin (c) The commissioner is authorized to: new text end 38.11 new text begin (1) receive and expend money from municipal, county, regional, and other planning new text end 38.12 new text begin agencies; new text end 38.13 new text begin (2) accept and disburse grants and other aids for planning purposes from the federal new text end 38.14 new text begin government and from other public or private sources; new text end 38.15 new text begin (3) utilize money received under clause (2) for the employment of consultants and new text end 38.16 new text begin other temporary personnel to assist in the supervision or performance of planning work new text end 38.17 new text begin supported by money other than state-appropriated money; new text end 38.18 new text begin (4) enter into contracts with agencies of the federal government, units of local new text end 38.19 new text begin government or combinations thereof, and with private persons that are necessary in the new text end 38.20 new text begin performance of the planning assistance function of the commissioner; and new text end 38.21 new text begin (5) assist any local government unit in filling out application forms for the federal new text end 38.22 new text begin grants-in-aid. new text end 38.23 new text begin (d) In furtherance of its planning functions, any city or town, however organized, new text end 38.24 new text begin may expend money and contract with agencies of the federal government, appropriate new text end 38.25 new text begin departments of state government, other local units of government, and with private new text end 38.26 new text begin persons. new text end 38.27    Sec. 8. Minnesota Statutes 2008, section 116J.431, subdivision 1, is amended to read: 38.28    Subdivision 1. Grant program established new text begin ; purpose new text end . new text begin (a) new text end The commissioner shall 38.29make grants to new text begin counties or new text end cities to provide up to 50 percent of the capital costs of public 38.30infrastructure necessary for an eligible economic development project. The new text begin county or new text end city 38.31receiving a grant must provide for the remainder of the costs of the project, either in cash 38.32or in kind. In-kind contributions may include the value of site preparation other than the 38.33public infrastructure needed for the project. 38.34For purposes of this section, "city" means a statutory or home rule charter city 38.35located outside the metropolitan area, as defined in section 473.121, subdivision 2. 39.1"Public infrastructure" means publicly owned physical infrastructure necessary to 39.2support economic development projects, including, but not limited to, sewers, water 39.3supply systems, utility extensions, streets, wastewater treatment systems, stormwater 39.4management systems, and facilities for pretreatment of wastewater to remove phosphorus. 39.5 new text begin (b) new text end The purpose of the grants new text begin made under this section new text end is to keep or enhance jobs in 39.6the area, increase the tax base, or to expand or create new economic development. 39.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 39.8    Sec. 9. Minnesota Statutes 2008, section 116J.431, is amended by adding a subdivision 39.9to read: 39.10     new text begin Subd. 1a. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms have new text end 39.11 new text begin the meanings given. new text end 39.12 new text begin (b) "City" means a statutory or home rule charter city located outside the new text end 39.13 new text begin metropolitan area, as defined in section new text end new text begin 473.121, subdivision 2 new text end new text begin . new text end 39.14 new text begin (c) "County" means a county located outside the metropolitan area, as defined in new text end 39.15 new text begin section 473.121, subdivision 2. new text end 39.16 new text begin (d) "Public infrastructure" means publicly owned physical infrastructure necessary new text end 39.17 new text begin to support economic development projects, including, but not limited to, sewers, water new text end 39.18 new text begin supply systems, utility extensions, streets, wastewater treatment systems, storm water new text end 39.19 new text begin management systems, and facilities for pretreatment of wastewater to remove phosphorus. new text end 39.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 39.21    Sec. 10. Minnesota Statutes 2008, section 116J.431, subdivision 2, is amended to read: 39.22    Subd. 2. Eligible projects. An economic development project for which a new text begin county or new text end 39.23city may be eligible to receive a grant under this section includes: 39.24(1) manufacturing; 39.25(2) technology; 39.26(3) warehousing and distribution; 39.27(4) research and development; 39.28(5) agricultural processing, defined as transforming, packaging, sorting, or grading 39.29livestock or livestock products into goods that are used for intermediate or final 39.30consumption, including goods for nonfood use; or 39.31(6) industrial park development that would be used by any other business listed 39.32in this subdivision. 39.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 40.1    Sec. 11. Minnesota Statutes 2008, section 116J.431, subdivision 4, is amended to read: 40.2    Subd. 4. Application. (a) The commissioner must develop forms and procedures 40.3for soliciting and reviewing applications for grants under this section. At a minimum, a 40.4 new text begin county or new text end city must include in its application a resolution of the new text begin county or new text end city council 40.5certifying that the required local match is available. The commissioner must evaluate 40.6complete applications for eligible projects using the following criteria: 40.7(1) the project is an eligible project as defined under subdivision 2; 40.8(2) the project will result in substantial public and private capital investment and 40.9provide substantial economic benefit to the new text begin county or new text end city in which the project would 40.10be located; 40.11(3) the project is not relocating substantially the same operation from another 40.12location in the state, unless the commissioner determines the project cannot be reasonably 40.13accommodated within the new text begin county or new text end city in which the business is currently located, or the 40.14business would otherwise relocate to another state; and 40.15(4) the project will create or maintain full-time jobs. 40.16(b) The determination of whether to make a grant for a site is within the discretion of 40.17the commissioner, subject to this section. The commissioner's decisions and application of 40.18the priorities are not subject to judicial review, except for abuse of discretion. 40.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 40.20    Sec. 12. Minnesota Statutes 2008, section 116J.431, subdivision 6, is amended to read: 40.21    Subd. 6. Maximum grant amount. A new text begin county or new text end city may receive no more than 40.22$1,000,000 in two years for one or more projects. 40.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 40.24    Sec. 13. Minnesota Statutes 2008, section 116J.435, subdivision 3, is amended to read: 40.25    Subd. 3. Grant program established. (a) The commissioner shall make 40.26competitive grants to local governmental units to acquire and prepare land on which 40.27public infrastructure required to support an eligible project will be located, including 40.28demolition of structures and remediation of any hazardous conditions on the land, or to 40.29predesign, design, acquire, construct, furnish, and equip public infrastructure required to 40.30support an eligible project. The local governmental unit receiving a grant must provide 40.31for the remainder of the public infrastructure costs. new text begin The commissioner may waive new text end 40.32 new text begin the requirements related to an eligible project under subdivision 2 if a project would new text end 41.1 new text begin be eligible under this section but for the fact that its location requires infrastructure new text end 41.2 new text begin improvements to residential development. new text end 41.3(b) The amount of a grant may not exceed the lesser of the cost of the public 41.4infrastructure or 50 percent of the sum of the cost of the public infrastructure plus the cost 41.5of the completed eligible project. 41.6(c) The purpose of the program is to keep or enhance jobs in the area, increase the 41.7tax base, or to expand or create new economic development through the growth of new 41.8bioscience businesses and organizations. 41.9    Sec. 14. new text begin [116J.438] MINNESOTA GREEN ENTERPRISE ASSISTANCE. new text end 41.10 new text begin (a) The commissioner of employment and economic development shall lead a new text end 41.11 new text begin multiagency project to advise, promote, market, and coordinate state agency collaboration new text end 41.12 new text begin on green enterprise and green economy projects, as defined in section 116J.437. The new text end 41.13 new text begin multiagency project must include the commissioners of employment and economic new text end 41.14 new text begin development, natural resources, agriculture, transportation, and commerce, and the new text end 41.15 new text begin director of the Pollution Control Agency. The project must involve collaboration with new text end 41.16 new text begin state agencies, local governments, and the business and agricultural communities. The new text end 41.17 new text begin objective of the project is to utilize existing state resources to expedite the delivery of new text end 41.18 new text begin grants, licenses, permits, and other state authorizations and approvals for green economy new text end 41.19 new text begin projects. The commissioner shall appoint a lead person to coordinate green enterprise new text end 41.20 new text begin assistance activities. new text end 41.21 new text begin (b) The commissioner of employment and economic development shall seek out new text end 41.22 new text begin and may appoint persons from the business community to assist the commissioner in new text end 41.23 new text begin project activities. new text end 41.24 new text begin (c) The commissioner may accept gifts, contributions, and in-kind services for the new text end 41.25 new text begin purposes of this section, under the authority provided in section 116J.035, subdivision new text end 41.26 new text begin 1. Any funds received must be placed in a special revenue account for the purposes of new text end 41.27 new text begin this section. new text end 41.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 41.29    Sec. 15. Minnesota Statutes 2008, section 116J.554, subdivision 1, is amended to read: 41.30    Subdivision 1. Authority. (a) The commissioner may make a grant to an applicant 41.31development authority to pay for up to 75 percent of the project costs for a qualifying site. 41.32(b) The commissioner may also make a grant to an applicant development authority 41.33to pay up to 75 percent or $50,000, whichever is less, toward the cost of performing 42.1contaminant investigations and the development of a response action plan for a qualifying 42.2site. 42.3(c) The commissioner may also make a grant to an applicant to fill a site that would 42.4represent more than 50 percent of the remaining land in a city suitable for industrial 42.5development if it were properly filled. 42.6(d) The determination of whether to make a grant for a qualifying site is within the 42.7sole discretion of the commissioner, subject to the process provided by this section, and 42.8available unencumbered money in the appropriation. The commissioner's decisions and 42.9application of the priorities under section 116J.555 are not subject to judicial review, 42.10except for abuse of discretion. 42.11(e) The total amount of money provided in grants under paragraph (b) may not 42.12exceed $250,000 new text begin $500,000 new text end per fiscal year. 42.13(f) In making grants under paragraph (b), the commissioner shall give priority to 42.14applicants that have not received a grant under paragraph (a) or section 473.252 during 42.15the year ending on the date of application. 42.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 42.17    Sec. 16. Minnesota Statutes 2008, section 116J.555, subdivision 1, is amended to read: 42.18    Subdivision 1. Priorities. (a) The legislature expects that applications for grants 42.19will exceed the available appropriations and the agency will be able to provide grants to 42.20only some of the applicant development authorities. 42.21    (b) If applications for grants for qualified sites exceed the available appropriations, 42.22the agency shall make grants for sites that, in the commissioner's judgment, provide 42.23the highest return in public benefits for the public costs incurred and that meet all the 42.24requirements provided by law. In making this judgment, the commissioner shall consider 42.25the following factors: 42.26    (1) the recommendations or ranking of projects by the commissioner of the Pollution 42.27Control Agency regarding the potential threat to public health and the environment that 42.28would be reduced or eliminated by completion of each of the response action plans; 42.29    (2) the potential increase in the property tax base of the local taxing jurisdictions, 42.30considered relative to the fiscal needs of the jurisdictions, that will result from 42.31developments that will occur because of completion of each of the response action plans; 42.32    (3) the social value to the community of the cleanup and redevelopment of the site, 42.33including the importance of development of the proposed public facilities on each of 42.34the sites; 43.1    (4) the probability that each site will be cleaned up without use of government 43.2money in the reasonably foreseeable future by considering but not limited to the current 43.3market value of the site versus the cleanup cost; 43.4    (5) the amount of cleanup costs for each site; and 43.5    (6) the amount of the commitment of municipal or other local resources to pay for 43.6the cleanup costs. 43.7    The factors are not listed in a rank order of priority; rather the commissioner may 43.8weigh each factor, depending upon the facts and circumstances, as the commissioner 43.9considers appropriate. The commissioner may consider other factors that affect the net 43.10return of public benefits for completion of the response action plan. The commissioner, 43.11notwithstanding the listing of priorities and the goal of maximizing the return of public 43.12benefits, shall make grants that distribute available money to sites both within and outside 43.13of the metropolitan area. The commissioner shall provide a written statement of the 43.14supporting reasons for each grant. Unless sufficient applications are not received for 43.15qualifying sites outside of the metropolitan area, at least 25 new text begin 50 new text end percent of the money 43.16provided as grants must be made for sites located outside of the metropolitan area. 43.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 43.18    Sec. 17. Minnesota Statutes 2008, section 116J.68, subdivision 2, is amended to read: 43.19    Subd. 2. Duties. The bureau shall: 43.20(a) new text begin (1) new text end provide information and assistance with respect to all aspects of business 43.21planning and business management related to the start-up, operation, or expansion of 43.22a small business in Minnesota; 43.23(b) new text begin (2) new text end refer persons interested in the start-up, operation, or expansion of a small 43.24business in Minnesota to assistance programs sponsored by federal agencies, state 43.25agencies, educational institutions, chambers of commerce, civic organizations, community 43.26development groups, private industry associations, and other organizations or to the 43.27business assistance referral system established by the Minnesota Project Outreach 43.28Corporation; 43.29(c) new text begin (3) new text end plan, develop, and implement a master file of information on small business 43.30assistance programs of federal, state, and local governments, and other public and private 43.31organizations so as to provide comprehensive, timely information to the bureau's clients; 43.32(d) new text begin (4) new text end employ staff with adequate and appropriate skills and education and training 43.33for the delivery of information and assistance; 44.1(e) new text begin (5) new text end seek out and utilize, to the extent practicable, contributed expertise and 44.2services of federal, state, and local governments, educational institutions, and other public 44.3and private organizations; 44.4(f) new text begin (6) new text end maintain a close and continued relationship with the director of the 44.5procurement program within the Department of Administration so as to facilitate the 44.6department's duties and responsibilities under sections 16C.16 to 16C.19 relating to the 44.7small targeted group business and economically disadvantaged business program of the 44.8state; 44.9(g) new text begin (7) new text end develop an information system which will enable the commissioner and other 44.10state agencies to efficiently store, retrieve, analyze, and exchange data regarding small 44.11business development and growth in the state. All executive branch agencies of state 44.12government and the secretary of state shall to the extent practicable, assist the bureau in 44.13the development and implementation of the information system; 44.14(h) new text begin (8) new text end establish and maintain a toll free telephone number so that all small business 44.15persons anywhere in the state can call the bureau office for assistance. An outreach 44.16program shall be established to make the existence of the bureau well known to its 44.17potential clientele throughout the state. If the small business person requires a referral to 44.18another provider the bureau may use the business assistance referral system established by 44.19the Minnesota Project Outreach Corporation; 44.20(i) new text begin (9) new text end conduct research and provide data as required by the state legislature; 44.21(j) new text begin (10) new text end develop and publish material on all aspects of the start-up, operation, or 44.22expansion of a small business in Minnesota; 44.23(k) new text begin (11) new text end collect and disseminate information on state procurement opportunities, 44.24including information on the procurement process; 44.25(l) new text begin (12) new text end develop a public awareness program through the use of newsletters, personal 44.26contacts, and electronic and print news media advertising about state assistance programs 44.27for small businesses, including those programs specifically for socially disadvantaged 44.28small business persons; 44.29(m) new text begin (13) new text end enter into agreements with the federal government and other public and 44.30private entities to serve as the statewide coordinator or host agency for the federal small 44.31business development center program under United States Code, title 15, section 648; and 44.32(n) new text begin (14) new text end assist providers in the evaluation of their programs and the assessment of 44.33their service area needs. The bureau may establish model evaluation techniques and 44.34performance standards for providers to use. 44.35    Sec. 18. Minnesota Statutes 2008, section 116J.8731, subdivision 2, is amended to read: 45.1    Subd. 2. Administration. The commissioner shall administer the fund as part of 45.2the Small Cities Development Block Grant Program. Funds shall be made available to 45.3local communities and recognized Indian tribal governments in accordance with the rules 45.4adopted for economic development grants in the small cities community development 45.5block grant program, except that all units of general purpose local government are eligible 45.6applicants for Minnesota investment funds. new text begin The commissioner may also make funds new text end 45.7 new text begin available within the department for eligible expenditures under subdivision 3, clause new text end 45.8 new text begin (2). new text end A home rule charter or statutory city, county, or town may loan or grant money 45.9received from repayment of funds awarded under this section to a regional development 45.10commission, other regional entity, or statewide community capital fund as determined by 45.11the commissioner, to capitalize or to provide the local match required for capitalization of 45.12a regional or statewide revolving loan fund. 45.13    Sec. 19. Minnesota Statutes 2008, section 116J.8731, subdivision 3, is amended to read: 45.14    Subd. 3. Eligible expenditures. The money appropriated for this section may 45.15be used to provide new text begin fund: new text end 45.16 new text begin (1) new text end grants for infrastructure, loans, loan guarantees, interest buy-downs, and other 45.17forms of participation with private sources of financing, provided that a loan to a private 45.18enterprise must be for a principal amount not to exceed one-half of the cost of the project 45.19for which financing is sought. new text begin ; and new text end 45.20 new text begin (2) strategic investments in renewable energy market development, such as low new text end 45.21 new text begin interest loans for renewable energy equipment manufacturing, training grants to support new text end 45.22 new text begin renewable energy workforce, development of a renewable energy supply chain that new text end 45.23 new text begin represents and strengthens the industry throughout the state, and external marketing to new text end 45.24 new text begin garner more national and international investment into Minnesota's renewable sector. new text end 45.25 new text begin Expenditures in external marketing for renewable energy market development are not new text end 45.26 new text begin subject to the limitations in clause (1). new text end 45.27    Sec. 20. new text begin [116J.997] PROGRAM ACCOUNTABILITY REQUIREMENTS. new text end 45.28     new text begin Subdivision 1. new text end new text begin Accountability measurement. new text end new text begin By October 1, 2009, the new text end 45.29 new text begin commissioner of employment and economic development shall develop a uniform new text end 45.30 new text begin accountability report for economic development or workforce-related programs funded in new text end 45.31 new text begin whole or in part by state or federal funds. The commissioner shall also develop a formula new text end 45.32 new text begin for measuring the return on investment for each program and a comparison of the return new text end 45.33 new text begin on investment of all programs funded in whole or in part by state or federal funds. The new text end 45.34 new text begin requirements of this section apply to programs administered directly by the commissioner new text end 46.1 new text begin or administered by other organizations under a grant made by the department. The report new text end 46.2 new text begin and formula required by this subdivision shall be submitted to the chairs of the committees new text end 46.3 new text begin of the house of representatives and senate having jurisdiction over economic development new text end 46.4 new text begin and workforce policy and finance by October 15, 2009, for review and comment. new text end 46.5     new text begin Subd. 2. new text end new text begin Report to the legislature. new text end new text begin By December 31 of each even-numbered year new text end 46.6 new text begin the commissioner must report to the committees of the house of representatives and the new text end 46.7 new text begin senate having jurisdiction over economic development and workforce policy and finance new text end 46.8 new text begin the following information for each program subject to the requirements of subdivision 1: new text end 46.9 new text begin (1) the target population; new text end 46.10 new text begin (2) the number of jobs affected by the program, including the number of net new new text end 46.11 new text begin jobs created in the state and the average annual wage per job; new text end 46.12 new text begin (3) the number of individuals leaving the unemployment compensation program as new text end 46.13 new text begin a result of the program; new text end 46.14 new text begin (4) the number of individuals leaving the Minnesota Family Investment Program new text end 46.15 new text begin support as a result of the program; new text end 46.16 new text begin (5) the region of the state in which the program operated; new text end 46.17 new text begin (6) the amount of state or federal funds allocated to the program; and new text end 46.18 new text begin (7) the return on investment as calculated by the formula developed by the new text end 46.19 new text begin commissioner. new text end 46.20     new text begin Subd. 3. new text end new text begin Report to the commissioner. new text end new text begin Before receiving additional state funds, a new text end 46.21 new text begin recipient of a grant made by or through the department must report to the commissioner by new text end 46.22 new text begin September 1 of each even-numbered year on each of the clauses in subdivision 2 for each new text end 46.23 new text begin program it administers. The report must be in a format prescribed by the commissioner. new text end 46.24 new text begin Beginning November 1, 2009, the commissioner shall provide notice to grant new text end 46.25 new text begin applicants and recipients regarding the data collection and reporting requirements under new text end 46.26 new text begin this subdivision and must provide technical assistance to applicants and recipients to assist new text end 46.27 new text begin in complying with the requirements of this subdivision. new text end 46.28     new text begin Subd. 4. new text end new text begin Biennial budget request. new text end new text begin The information collected and reported under new text end 46.29 new text begin subdivisions 2 and 3 shall be included in budgets submitted to the legislature under new text end 46.30 new text begin section 16A.11. new text end 46.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 46.32    Sec. 21. Minnesota Statutes 2008, section 116L.03, subdivision 5, is amended to read: 46.33    Subd. 5. Terms. The terms of appointed members shall be for four years except for 46.34the initial appointments. The initial appointments of the governor shall have the following 46.35terms: two members each for one, two, three, and four years. No member shall serve 47.1more than two terms, and no person shall be appointed after December 31, 2001, for any 47.2term that would cause that person to serve a total of more than eight years on the board. 47.3Compensation for board members is as provided in section 15.0575, subdivision 3. 47.4    Sec. 22. Minnesota Statutes 2008, section 116L.05, subdivision 5, is amended to read: 47.5    Subd. 5. Use of workforce development funds. After March 1 of any fiscal year, 47.6the board may use workforce development funds for the purposes outlined in sections 47.7 new text begin 116L.02, new text end 116L.04 new text begin , new text end and 116L.10 to 116L.14, or to provide incumbent worker training 47.8services under section 116L.18 if the following conditions have been met: 47.9    (1) the board examines relevant economic indicators, including the projected 47.10number of layoffs for the remainder of the fiscal year and the next fiscal year, evidence of 47.11declining and expanding industries, the number of initial applications for and the number 47.12of exhaustions of unemployment benefits, job vacancy data, and any additional relevant 47.13information brought to the board's attention; 47.14    (2) the board accounts for all allocations made in section 116L.17, subdivision 2; 47.15    (3) based on the past expenditures and projected revenue, the board estimates future 47.16funding needs for services under section 116L.17 for the remainder of the current fiscal 47.17year and the next fiscal year; 47.18    (4) the board determines there will be unspent funds after meeting the needs of 47.19dislocated workers in the current fiscal year and there will be sufficient revenue to meet 47.20the needs of dislocated workers in the next fiscal year; and 47.21    (5) the board reports its findings in clauses (1) to (4) to the chairs of legislative 47.22committees with jurisdiction over the workforce development fund, to the commissioners 47.23of revenue and finance, and to the public. 47.24    Sec. 23. Minnesota Statutes 2008, section 116L.20, subdivision 1, is amended to read: 47.25    Subdivision 1. Determination and collection of special assessment. (a) In addition 47.26to amounts due from an employer under the Minnesota unemployment insurance program, 47.27each employer, except an employer making reimbursements is liable for a special 47.28assessment levied at the rate of .10 new text begin .12 new text end percent per year on all taxable wages, as defined in 47.29section 268.035, subdivision 24 new text begin , except that effective July 1, 2009, until June 30, 2011, the new text end 47.30 new text begin special assessment shall be levied at a rate of .14 percent per year on all taxable wages as new text end 47.31 new text begin defined in section new text end new text begin 268.035, subdivision 24 new text end . The assessment shall become due and be paid 47.32by each employer on the same schedule and in the same manner as other amounts due 47.33from an employer under section 268.051, subdivision 1. 48.1    (b) The special assessment levied under this section shall be subject to the same 48.2requirements and collection procedures as any amounts due from an employer under the 48.3Minnesota unemployment insurance program. 48.4    Sec. 24. Minnesota Statutes 2008, section 116L.362, subdivision 1, is amended to read: 48.5    Subdivision 1. Generally. (a) The commissioner shall make grants to eligible 48.6organizations for programs to provide education and training services to targeted youth. 48.7The purpose of these programs is to provide specialized training and work experience for 48.8targeted youth who have not been served effectively by the current educational system. 48.9The programs are to include a work experience component with work projects that 48.10result in the rehabilitation, improvement, or construction of (1) residential units for the 48.11homeless, or new text begin ; new text end (2) new text begin improvements to the energy efficiency and environmental health of new text end 48.12 new text begin residential units and other green jobs purposes; (3) facilities to support community garden new text end 48.13 new text begin projects; or (4) new text end education, social service, or health facilities which are owned by a public 48.14agency or a private nonprofit organization. 48.15(b) Eligible facilities must principally provide services to homeless or very low 48.16income individuals and families, and include the following: 48.17(1) Head Start or day care centers; 48.18(2) homeless, battered women, or other shelters; 48.19(3) transitional housing; 48.20(4) youth or senior citizen centers; and 48.21(5) community health centers. new text begin ; and new text end 48.22 new text begin (6) community garden facilities. new text end 48.23Two or more eligible organizations may jointly apply for a grant. The commissioner 48.24shall administer the grant program. 48.25    Sec. 25. Minnesota Statutes 2008, section 116L.364, subdivision 3, is amended to read: 48.26    Subd. 3. Work experience component. A work experience component must be 48.27included in each program. The work experience component must provide vocational skills 48.28training in an industry where there is a viable expectation of job opportunities. A training 48.29subsidy, living allowance, or stipend, not to exceed an amount equal to 100 percent of the 48.30poverty line for a family of two as defined in United States Code, title 42, section 673, 48.31paragraph (2), may be provided to program participants. The wage or stipend must be 48.32provided to participants who are recipients of public assistance in a manner or amount 48.33which will not reduce public assistance benefits. The work experience component must be 48.34designed so that work projects result in (1) the expansion or improvement of residential 49.1units for homeless persons and very low income families, or new text begin ; new text end (2) new text begin improvements to the new text end 49.2 new text begin energy efficiency and environmental health of residential units; (3) facilities to support new text end 49.3 new text begin community garden projects; or (4) new text end rehabilitation, improvement, or construction of eligible 49.4education, social service, or health facilities that principally serve homeless or very low 49.5income individuals and families. Any work project must include direct supervision by 49.6individuals skilled in each specific vocation. Program participants may earn credits 49.7toward the completion of their secondary education from their participation in the work 49.8experience component. 49.9    Sec. 26. Minnesota Statutes 2008, section 116L.871, subdivision 1, is amended to read: 49.10    Subdivision 1. Responsibility and certification. (a) Unless prohibited by federal 49.11law or otherwise determined by state law, a local service unit is responsible for the 49.12delivery of employment and training services. As of July 1, 1998, Employment and 49.13training services may be delivered by certified employment and training service providers. 49.14(b) The local service unit's employment and training service provider must meet the 49.15certification standards in this subdivision if the county requests that they be certified 49.16to deliver any of the following employment and training services and programs: wage 49.17subsidies; general assistance grant diversion; food stamp employment and training 49.18programs; community work experience programs; and MFIP employment services. 49.19(c) The commissioner shall certify a local service unit's service provider to provide 49.20these employment and training services and programs if the commissioner determines 49.21that the provider has: 49.22(1) past experience in direct delivery of the programs specified in paragraph (b); 49.23(2) staff capabilities and qualifications, including adequate staff to provide timely 49.24and effective services to clients, and proven staff experience in providing specific services 49.25such as assessments, career planning, job development, job placement, support services, 49.26and knowledge of community services and educational resources; 49.27(3) demonstrated effectiveness in providing services to public assistance recipients 49.28and other economically disadvantaged clients; and 49.29(4) demonstrated administrative capabilities, including adequate fiscal and 49.30accounting procedures, financial management systems, participant data systems, and 49.31record retention procedures. 49.32(d) When the only service provider that meets the criterion in paragraph (c), clause 49.33(1), has been decertified, according to subdivision 1a, in that local service unit, the 49.34following criteria shall be substituted: past experience in direct delivery of multiple, 49.35coordinated, nonduplicative services, including outreach, assessments, identification of 50.1client barriers, employability development plans, and provision or referral to support 50.2services. 50.3    Sec. 27. Minnesota Statutes 2008, section 116L.96, is amended to read: 50.4116L.96 DISPLACED HOMEMAKER PROGRAMS. 50.5The commissioner of economic security new text begin employment and economic development new text end 50.6may enter into arrangements with existing private or nonprofit organizations and agencies 50.7with experience in dealing with displaced homemakers to provide counseling and 50.8training services. The commissioner shall assist displaced homemakers in applying for 50.9appropriate welfare programs and shall take welfare allowances received into account 50.10in setting the stipend level. Income received as a stipend under these programs shall 50.11be totally disregarded for purposes of determining eligibility for and the amount of a 50.12general assistance grant. 50.13    Sec. 28. Minnesota Statutes 2008, section 116O.115, subdivision 2, is amended to read: 50.14    Subd. 2. Qualified company. A company is qualified to receive assistance under 50.15the small business growth acceleration program if it new text begin the company new text end is a manufacturing 50.16company or a manufacturing-related service company that employs 100 new text begin 250 new text end or fewer 50.17full-time equivalent employees. 50.18    Sec. 29. Minnesota Statutes 2008, section 116O.115, subdivision 4, is amended to read: 50.19    Subd. 4. Fund awards; use of funds. (a) The corporation shall establish 50.20procedures for determining which applicants for assistance under the small business 50.21growth acceleration program will receive program funding. Funding shall be awarded 50.22only to accelerate a qualified company's adoption of needed technology or business 50.23improvements when the corporation concludes that it is unlikely the improvements could 50.24be accomplished in any other way. 50.25    (b) The maximum amount of funds awarded to a qualified company under the small 50.26business growth acceleration program for a particular project must not exceed 50 new text begin 75 new text end 50.27percent of the total cost of a project and must not under any circumstances exceed $25,000 50.28during a calendar year. The corporation shall not award to a qualified company small 50.29business growth acceleration program funds in excess of $50,000 per year. 50.30    (c) Any funds awarded to a qualified company under the small business growth 50.31acceleration program must be used for business services and products that will enhance the 50.32operation of the company. These business services and products must come either directly 50.33from the corporation or from a network of expert providers identified and approved by 51.1the corporation. No company receiving small business growth acceleration program 51.2funds may use the funds for refinancing, overhead costs, new construction, renovation, 51.3equipment, or computer hardware. 51.4    (d) Any funds awarded must be disbursed to the qualified company as reimbursement 51.5documented according to requirements of the corporation. 51.6 new text begin (e) Receipt of funds from an award under this section is contingent upon a new text end 51.7 new text begin contribution of funds by the qualified company to the project, as follows: new text end 51.8 new text begin (1) a company with under 50 employees must contribute one dollar for every three new text end 51.9 new text begin dollars of program assistance awarded; new text end 51.10 new text begin (2) a company with 50 to 100 employees must contribute one dollar for every one new text end 51.11 new text begin dollar of program assistance awarded; and new text end 51.12 new text begin (3) a company with 101 to 250 employees must contribute three dollars for every new text end 51.13 new text begin one dollar of program assistance awarded. new text end 51.14    Sec. 30. Minnesota Statutes 2008, section 123A.08, subdivision 1, is amended to read: 51.15    Subdivision 1. Outside sources for resources and services. A center may accept: 51.16(1) resources and services from postsecondary institutions serving center pupils; 51.17(2) resources from Job Training Partnership Act new text begin Workforce Investment Act of 1998, new text end 51.18 new text begin Public Law 105-220 new text end programs, including funding for jobs skills training for various 51.19groups and the percentage reserved for education; 51.20(3) resources from the Department of Human Services and county welfare funding; 51.21(4) resources from a local education and employment transitions partnership; or 51.22(5) private resources, foundation grants, gifts, corporate contributions, and other 51.23grants. 51.24    Sec. 31. Minnesota Statutes 2008, section 124D.49, subdivision 3, is amended to read: 51.25    Subd. 3. Local education and employment transitions systems. A local education 51.26and employment transitions partnership must assess the needs of employers, employees, 51.27and learners, and develop a plan for implementing and achieving the objectives of a local 51.28or regional education and employment transitions system. The plan must provide for a 51.29comprehensive local system for assisting learners and workers in making the transition 51.30from school to work or for retraining in a new vocational area. The objectives of a local 51.31education and employment transitions system include: 51.32(1) increasing the effectiveness of the educational programs and curriculum of 51.33elementary, secondary, and postsecondary schools and the work site in preparing students 51.34in the skills and knowledge needed to be successful in the workplace; 52.1(2) implementing learner outcomes for students in grades kindergarten through 12 52.2designed to introduce the world of work and to explore career opportunities, including 52.3nontraditional career opportunities; 52.4(3) eliminating barriers to providing effective integrated applied learning, 52.5service-learning, or work-based curriculum; 52.6(4) increasing opportunities to apply academic knowledge and skills, including 52.7skills needed in the workplace, in local settings which include the school, school-based 52.8enterprises, postsecondary institutions, the workplace, and the community; 52.9(5) increasing applied instruction in the attitudes and skills essential for success in 52.10the workplace, including cooperative working, leadership, problem-solving, and respect 52.11for diversity; 52.12(6) providing staff training for vocational guidance counselors, teachers, and other 52.13appropriate staff in the importance of preparing learners for the transition to work, and in 52.14methods of providing instruction that incorporate applied learning, work-based learning, 52.15and service-learning experiences; 52.16(7) identifying and enlisting local and regional employers who can effectively 52.17provide work-based or service-learning opportunities, including, but not limited to, 52.18apprenticeships, internships, and mentorships; 52.19(8) recruiting community and workplace mentors including peers, parents, employers 52.20and employed individuals from the community, and employers of high school students; 52.21(9) identifying current and emerging educational, training, and employment needs of 52.22the area or region, especially within industries with potential for job growth; 52.23(10) improving the coordination and effectiveness of local vocational and job 52.24training programs, including vocational education, adult basic education, tech prep, 52.25apprenticeship, service-learning, youth entrepreneur, youth training and employment 52.26programs administered by the commissioner of employment and economic development, 52.27and local job training programs under the Job Training Partnership Act, United States 52.28Code, title 29, section 1501, et seq. new text begin Workforce Investment Act of 1998, Public Law new text end 52.29 new text begin 105-220 new text end ; 52.30(11) identifying and applying for federal, state, local, and private sources of funding 52.31for vocational or applied learning programs; 52.32(12) providing students with current information and counseling about career 52.33opportunities, potential employment, educational opportunities in postsecondary 52.34institutions, workplaces, and the community, and the skills and knowledge necessary to 52.35succeed; 53.1(13) providing educational technology, including interactive television networks 53.2and other distance learning methods, to ensure access to a broad variety of work-based 53.3learning opportunities; 53.4(14) including students with disabilities in a district's vocational or applied learning 53.5program and ways to serve at-risk learners through collaboration with area learning 53.6centers under sections 123A.05 to 123A.09, or other alternative programs; and 53.7(15) providing a warranty to employers, postsecondary education programs, and 53.8other postsecondary training programs, that learners successfully completing a high school 53.9work-based or applied learning program will be able to apply the knowledge and work 53.10skills included in the program outcomes or graduation requirements. The warranty shall 53.11require education and training programs to continue to work with those learners that need 53.12additional skill development until they can demonstrate achievement of the program 53.13outcomes or graduation requirements. 53.14    Sec. 32. Minnesota Statutes 2008, section 160.276, subdivision 8, is amended to read: 53.15    Subd. 8. Revenue. The agreement may provide that the vendor pay a portion of 53.16the gross revenues derived from advertising. These revenues must be paid to the state for 53.17deposit in the safety rest area account established in section 160.2745. The commissioner 53.18of transportation and director of the Office of new text begin Explore Minnesota new text end Tourism may enter into 53.19an interagency agreement to define the distribution of the revenues generated in this 53.20subdivision and subdivisions 2a and 3a. 53.21    Sec. 33. Minnesota Statutes 2008, section 241.27, subdivision 1, is amended to read: 53.22    Subdivision 1. Establishment of Minnesota correctional industries; MINNCOR 53.23industries. For the purpose of providing adequate, regular and suitable employment, 53.24educational training, and to aid the inmates of state correctional facilities, the 53.25commissioner of corrections may establish, equip, maintain and operate at any correctional 53.26facility under the commissioner's control such industrial and commercial activities as may 53.27be deemed necessary and suitable to the profitable employment, educational training and 53.28development of proper work habits of the inmates of state correctional facilities. The 53.29industrial and commercial activities authorized by this section are designated MINNCOR 53.30industries and shall be for the primary purpose of sustaining and ensuring MINNCOR 53.31industries' self-sufficiency, providing educational training, meaningful employment 53.32and the teaching of proper work habits to the inmates of correctional facilities under 53.33the control of the commissioner of corrections, and not solely as competitive business 53.34ventures. The net profits from these activities shall be used for the benefit of the inmates 54.1as it relates to education, self-sufficiency skills, and transition services and not to fund 54.2non-inmate-related activities or mandates. Prior to the establishment of any industrial and 54.3commercial activity, the commissioner of corrections may consult with representatives 54.4of business, industry, organized labor, the state Department of Education, the state 54.5Apprenticeship Council, the state Department of Labor and Industry, the Department of 54.6Employment Security new text begin and Economic Development new text end , the Department of Administration, 54.7and such other persons and bodies as the commissioner may feel are qualified to determine 54.8the quantity and nature of the goods, wares, merchandise and services to be made or 54.9provided, and the types of processes to be used in their manufacture, processing, repair, 54.10and production consistent with the greatest opportunity for the reform and educational 54.11training of the inmates, and with the best interests of the state, business, industry and labor. 54.12    The commissioner of corrections shall, at all times in the conduct of any industrial 54.13or commercial activity authorized by this section, utilize inmate labor to the greatest 54.14extent feasible, provided, however, that the commissioner may employ all administrative, 54.15supervisory and other skilled workers necessary to the proper instruction of the inmates 54.16and the profitable and efficient operation of the industrial and commercial activities 54.17authorized by this section. 54.18    Additionally, the commissioner of corrections may authorize the director of any 54.19correctional facility under the commissioner's control to accept work projects from outside 54.20sources for processing, fabrication or repair, provided that preference shall be given to the 54.21performance of such work projects for state departments and agencies. 54.22    Sec. 34. Minnesota Statutes 2008, section 248.061, subdivision 3, is amended to read: 54.23    Subd. 3. Eligible individual. "Eligible individual" means an individual who is 54.24eligible for library loan services through the Library of Congress and the State Library for 54.25the Blind and Physically Handicapped new text begin Minnesota Braille and Talking Book Library new text end under 54.26Code of Federal Regulations, title 36, section 701.10, subsection (b). 54.27    Sec. 35. Minnesota Statutes 2008, section 248.07, subdivision 7, is amended to read: 54.28    Subd. 7. Blind, vending stands and machines on governmental property new text begin ; new text end 54.29 new text begin liability limited new text end . new text begin (a) new text end Notwithstanding any other law, for the rehabilitation of blind persons 54.30the commissioner shall have exclusive authority to establish and to operate vending 54.31stands and vending machines in all buildings and properties owned or rented exclusively 54.32by the Minnesota State Colleges and Universities at a state university, a community 54.33college, a consolidated community technical college, or a technical college served by 54.34the commissioner before January 1, 1996, or by any department or agency of the state 55.1of Minnesota except the Department of Natural Resources properties operated directly 55.2by the Division of State Parks and not subject to private leasing. The merchandise to be 55.3dispensed by such Vending stands and machines new text begin authorized under this subdivision new text end may 55.4include new text begin dispense new text end nonalcoholic beverages, food, candies, tobacco, souvenirs, notions and 55.5related items. Such vending stands and vending machines herein authorized shall new text begin and new text end 55.6 new text begin must new text end be operated on the same basis as other vending stands for the blind established and 55.7supervised by the commissioner under federal law. The commissioner shall waive this 55.8authority to displace any present private individual concessionaire in any state-owned or 55.9rented building or property who is operating under a contract with a specific renewal or 55.10termination date, until the renewal or termination date. With the consent of the governing 55.11body of a governmental subdivision of the state, the commissioner may establish and 55.12supervise vending stands and vending machines for the blind in any building or property 55.13exclusively owned or rented by the governmental subdivision. 55.14 new text begin (b) The Department of Employment and Economic Development is not liable new text end 55.15 new text begin under chapter 176 for any injury sustained by a blind vendor's employee or agent. The new text end 55.16 new text begin Department of Employment and Economic Development, its officers, and its agents are new text end 55.17 new text begin not liable for the acts or omissions of a blind vendor or of a blind vendor's employee or new text end 55.18 new text begin agent that may result in the blind vendor's liability to third parties. The Department of new text end 55.19 new text begin Employment and Economic Development, its officers, and its agents are not liable for new text end 55.20 new text begin negligence based on any theory of liability for claims arising from the relationship created new text end 55.21 new text begin under this subdivision with the blind vendor. new text end 55.22    Sec. 36. Minnesota Statutes 2008, section 248.07, subdivision 8, is amended to read: 55.23    Subd. 8. Use of revolving fund, licenses for operation of vending machines new text begin new text end 55.24 new text begin stands new text end . new text begin (a) new text end The revolving fund created by Laws 1947, chapter 535, section 5, is continued 55.25as provided in this subdivision and shall be known as the revolving fund for vocational 55.26rehabilitation of the blind. It shall be used for the purchase of equipment and supplies 55.27for establishing and operating of vending stands by blind persons. All income, receipts, 55.28earnings, and federal grants new text begin vending machine income new text end due to the operation thereof new text begin of new text end 55.29 new text begin vending stands operated under this subdivision new text end shall also be paid into the fund. All interest 55.30earned on money accrued in the fund must be credited to the fund by the commissioner of 55.31finance. All equipment, supplies, and expenses for setting up these stands shall be paid 55.32for from the fund. 55.33Authority is hereby given to new text begin (b) new text end The commissioner new text begin is authorized new text end to use the money 55.34available in the revolving fund that originated as operational charges to individuals 56.1licensed under this subdivision for the establishment, operation, and supervision of 56.2vending stands by blind persons for the following purposes: 56.3(1) purchase, upkeep and replacement of equipment; 56.4(2) expenses incidental to the setting up of new stands and improvement of old 56.5stands; 56.6(3) reimbursement under section 15.059 to individual blind vending operators 56.7for reasonable expenses incurred in attending supervisory meetings as called by the 56.8commissioner and other expenditures for management services consistent with federal 56.9law; and 56.10(4) purchase of fringe benefits for blind vending operators and their employees such 56.11as group health insurance, retirement program, vacation or sick leave assistance provided 56.12that the purchase of any fringe benefit is approved by a majority vote of blind vending 56.13operators licensed pursuant to this subdivision after the commissioner provides to each 56.14blind vending operator information on all matters relevant to the fringe benefits. "Majority 56.15vote" means a majority of blind vending operators voting. Fringe benefits shall be paid 56.16only from assessments of operators for specific benefits, gifts to the fund for fringe benefit 56.17purposes, and vending income which is not assignable to an individual stand. 56.18 new text begin (c) new text end Money originally deposited as merchandise and supplies repayments by 56.19individuals licensed under this subdivision may be expended for initial and replacement 56.20stocks of supplies and merchandise. Money originally deposited from vending income on 56.21federal property must be spent consistent with federal law. 56.22 new text begin (d) new text end All other deposits may be used for the purchase of general liability insurance or 56.23any other expense related to the operation and supervision of vending stands. 56.24 new text begin (e) new text end The commissioner shall issue each license for the operation of a vending stand 56.25or vending machine for an indefinite period but may terminate any license in the manner 56.26provided. In granting licenses for new or vacated stands preference on the basis of 56.27seniority of experience in operating stands under the control of the commissioner shall 56.28be given to capable operators who are deemed competent to handle the enterprise under 56.29consideration. Application of this preference shall not prohibit the commissioner from 56.30selecting an operator from the community in which the stand is located. 56.31    Sec. 37. Minnesota Statutes 2008, section 256J.626, subdivision 4, is amended to read: 56.32    Subd. 4. County and tribal biennial service agreements. (a) Effective January 1, 56.332004, and each two-year period thereafter, each county and tribe must have in place an 56.34approved biennial service agreement related to the services and programs in this chapter. 56.35In counties with a city of the first class with a population over 300,000, the county must 57.1consider a service agreement that includes a jointly developed plan for the delivery of 57.2employment services with the city. Counties may collaborate to develop multicounty, 57.3multitribal, or regional service agreements. 57.4    (b) The service agreements will be completed in a form prescribed by the 57.5commissioner. The agreement must include: 57.6    (1) a statement of the needs of the service population and strengths and resources 57.7in the community; 57.8    (2) numerical goals for participant outcomes measures to be accomplished during 57.9the biennial period. The commissioner may identify outcomes from section 256J.751, 57.10subdivision 2 , as core outcomes for all counties and tribes; 57.11    (3) strategies the county or tribe will pursue to achieve the outcome targets. 57.12Strategies must include specification of how funds under this section will be used and may 57.13include community partnerships that will be established or strengthened; 57.14    (4) strategies the county or tribe will pursue under family stabilization services; and 57.15    (5) other items prescribed by the commissioner in consultation with counties and 57.16tribes. 57.17    (c) The commissioner shall provide each county and tribe with information needed 57.18to complete an agreement, including: (1) information on MFIP cases in the county or 57.19tribe; (2) comparisons with the rest of the state; (3) baseline performance on outcome 57.20measures; and (4) promising program practices. 57.21    (d) The service agreement must be submitted to the commissioner by October 15, 57.222003, and October 15 of each second year thereafter. The county or tribe must allow 57.23a period of not less than 30 days prior to the submission of the agreement to solicit 57.24comments from the public on the contents of the agreement. 57.25    (e) The commissioner must, within 60 days of receiving each county or tribal service 57.26agreement, inform the county or tribe if the service agreement is approved. If the service 57.27agreement is not approved, the commissioner must inform the county or tribe of any 57.28revisions needed prior to approval. 57.29    (f) The service agreement in this subdivision supersedes the plan requirements 57.30of section . 57.31    Sec. 38. Minnesota Statutes 2008, section 256J.66, subdivision 1, is amended to read: 57.32    Subdivision 1. Establishing the on-the-job training program. (a) County agencies 57.33may develop on-the-job training programs for MFIP caregivers who are participating in 57.34employment and training services. A county agency that chooses to provide on-the-job 57.35training may make payments to employers for on-the-job training costs that, during the 58.1period of the training, must not exceed 50 percent of the wages paid by the employer to 58.2the participant. The payments are deemed to be in compensation for the extraordinary 58.3costs associated with training participants under this section and in compensation for the 58.4costs associated with the lower productivity of the participants during training. 58.5(b) Provision of an on-the-job training program under the Job Training Partnership 58.6Act new text begin Workforce Investment Act of 1998, Public Law 105-220 new text end , in and of itself, does not 58.7qualify as an on-the-job training program under this section. 58.8(c) new text begin Employers must compensate new text end participants in on-the-job training shall be 58.9compensated by the employer at the same rates, including periodic increases, as similarly 58.10situated employees or trainees and in accordance with applicable law, but in no event less 58.11than the federal or applicable state minimum wage, whichever is higher. 58.12    Sec. 39. Minnesota Statutes 2008, section 268A.06, subdivision 1, is amended to read: 58.13    Subdivision 1. Application. Any city, town, county, nonprofit corporation, 58.14regional treatment center, or any combination thereof, may apply to the commissioner for 58.15assistance in establishing or operating a community rehabilitation facility. Application for 58.16assistance shall new text begin must new text end be on forms prescribed by the commissioner. Each applicant shall 58.17annually submit to the commissioner its plan and budget for the next fiscal year. No new text begin An new text end 58.18applicant shall be new text begin is not new text end eligible for a grant hereunder new text begin under this section new text end unless its plan 58.19and budget new text begin audited financial statements of the prior fiscal year new text end have been approved by 58.20the commissioner. 58.21    Sec. 40. Minnesota Statutes 2008, section 469.169, subdivision 3, is amended to read: 58.22    Subd. 3. Evaluation of applications. new text begin (a) new text end The commissioner shall review and 58.23evaluate the applications submitted pursuant to subdivision 2 and shall determine whether 58.24each area is eligible for designation as an enterprise zone. In determining whether an 58.25area is eligible under section 469.168, subdivision 4, paragraph (a), if unemployment, 58.26employment, income, or other necessary data are not available for the area from the 58.27federal departments of labor or commerce or the state demographer, the commissioner 58.28may rely upon other data submitted by the municipality if the commissioner determines it 58.29is statistically reliable or accurate. The commissioner, together with the commissioner 58.30of revenue, shall prepare an estimate of the amount of state tax revenue which will be 58.31foregone for each application if the area is designated as a zone. 58.32 new text begin (b) new text end By October 1 of each year, the commissioner shall submit to the Legislative 58.33Advisory Commission a list of the areas eligible for designation as enterprise zones, 58.34along with recommendations for designation and supporting documentation. In making 59.1recommendations for designation, the commissioner shall consider and evaluate the 59.2applications pursuant to the following criteria: 59.3(1) the pervasiveness of poverty, unemployment, and general distress in the area; 59.4(2) the extent of chronic abandonment, deterioration, or reduction in value of 59.5commercial, industrial, or residential structures in the area and the extent of property 59.6tax arrearages in the area; 59.7(3) the prospects for new investment and economic development in the area with 59.8the tax reductions proposed in the application relative to the state and local tax revenue 59.9which would be foregone; 59.10(4) the competing needs of other areas of the state; 59.11(5) the municipality's proposed use of other state and federal development funds or 59.12programs to increase the probability of new investment and development occurring; 59.13(6) the extent to which the projected development in the zone will provide 59.14employment to residents of the economic hardship area, and particularly individuals who 59.15are unemployed or who are economically disadvantaged as defined in the federal Job 59.16Training Partnership Act of 1982, Volume 96, Statutes at Large, page 1322 new text begin Workforce new text end 59.17 new text begin Investment Act of 1998, Public Law 105-220 new text end ; 59.18(7) the funds available pursuant to subdivision 7; and 59.19(8) other relevant factors that the commissioner specifies in the commissioner's 59.20recommendations. 59.21 new text begin (c) new text end The commissioner shall submit a separate list of the areas entitled to designation 59.22as federally designated zones and border city zones along with recommendations for the 59.23amount of funds to be allocated to each area. 59.24    Sec. 41. new text begin ECONOMIC DEVELOPMENT STRATEGY WORKING GROUP. new text end 59.25 new text begin (a) An 18-member bipartisan working group to develop an economic development new text end 59.26 new text begin strategy to guide job and business growth in Minnesota and to strengthen the state's new text end 59.27 new text begin economy is established. The working group consists of six members of the house of new text end 59.28 new text begin representatives and three members of the public appointed by the speaker of the house and new text end 59.29 new text begin six members of the senate and three members of the public appointed by the subcommittees new text end 59.30 new text begin on committees of the senate. The working group is responsible to review and analyze new text end 59.31 new text begin Minnesota's current economic development strategy and make recommendations on new text end 59.32 new text begin improvements according to this section. The Legislative Coordinating Commission under new text end 59.33 new text begin Minnesota Statutes, section 3.303, must provide staff support for the working group. new text end 59.34 new text begin (b) The working group must conduct an academic and practitioner led effort to: new text end 60.1 new text begin (1) perform best practices research on economic development principles to apply new text end 60.2 new text begin to Minnesota; new text end 60.3 new text begin (2) assess Minnesota's current economic development strategies, including tax new text end 60.4 new text begin incentives and appropriation funded programs and grants to determine how well these new text end 60.5 new text begin strategies are working and how they compare to best practices; new text end 60.6 new text begin (3) develop a comprehensive strategy to move Minnesota's economy forward; new text end 60.7 new text begin (4) develop a set of benchmarks to measure Minnesota's investments in economic new text end 60.8 new text begin development strategies; and new text end 60.9 new text begin (5) recommend the best structure to govern and lead Minnesota's economic new text end 60.10 new text begin development strategy. new text end 60.11 new text begin (c) Appointments to the working group shall be made by June 1, 2009, and the new text end 60.12 new text begin first meeting shall be convened no later than July 1, 2009. The task force shall elect new text end 60.13 new text begin a chair from among its members at the first meeting. The working group may contract new text end 60.14 new text begin for research studies and assistance necessary to fulfill its responsibilities. The working new text end 60.15 new text begin group must report to the committees of the legislature with responsibility for economic new text end 60.16 new text begin development by February 15, 2010. new text end 60.17    Sec. 42. new text begin APPROPRIATION; GREEN ENTERPRISE ASSISTANCE. new text end 60.18 new text begin The remaining balance of the fiscal year 2009 special revenue fund appropriation for new text end 60.19 new text begin the Green Jobs Task Force under Laws 2008, chapter 363, article 6, section 3, subdivision new text end 60.20 new text begin 4, is transferred and appropriated to the commissioner of employment and economic new text end 60.21 new text begin development for the purposes of green enterprise assistance under Minnesota Statutes, new text end 60.22 new text begin section 116J.438. This appropriation is available until spent. new text end 60.23    Sec. 43. new text begin REVISOR'S INSTRUCTION. new text end 60.24 new text begin The revisor of statutes shall renumber Minnesota Statutes, section 116J.58, new text end 60.25 new text begin subdivision 2, as Minnesota Statutes, section 116J.035, subdivision 1a, and shall revise new text end 60.26 new text begin statutory cross-references consistent with that renumbering. new text end 60.27    Sec. 44. new text begin REPEALER. new text end 60.28 new text begin Minnesota Statutes 2008, sections 116J.402; 116J.413; 116J.431, subdivision 5; new text end 60.29 new text begin 116J.58, subdivision 1; 116J.59; 116J.61; 116J.656; 116L.16; 116L.88; and 116U.65, new text end new text begin are new text end 60.30 new text begin repealed. new text end 60.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 61.1ARTICLE 3 61.2UNEMPLOYMENT INSURANCE POLICY 61.3    Section 1. Minnesota Statutes 2008, section 268.052, subdivision 2, is amended to read: 61.4    Subd. 2. Election by state or political subdivision to be a taxpaying employer. 61.5    (a) The state or political subdivision may elect to be a taxpaying employer for any 61.6calendar year if a notice of election is filed within 30 calendar days following January 1 of 61.7that calendar year. Upon election, the state or political subdivision must be assigned the 61.8new employer tax rate under section 268.051, subdivision 5, for the calendar year of the 61.9election and new text begin unless or new text end until it qualifies for an experience rating under section 268.051, 61.10subdivision 3 . 61.11    (b) An election is for a minimum period of two calendar years following the effective 61.12date of the election and continue unless a notice terminating the election is filed not later 61.13than 30 calendar days before the beginning of the calendar year. The termination is 61.14effective at the beginning of the next calendar year. Upon election, the commissioner shall 61.15establish a reimbursable account for the state or political subdivision. A termination of 61.16election is allowed only if the state or political subdivision has, since the beginning of the 61.17experience rating period under section 268.051, subdivision 3, paid taxes equal to or more 61.18than 125 percent of the unemployment benefits used in computing the experience rating. In 61.19addition, any unemployment benefits paid after the experience rating period are transferred 61.20to the new reimbursable account of the state or political subdivision. If the amount of taxes 61.21paid since the beginning of the experience rating period exceeds 125 percent of the amount 61.22of unemployment benefits paid during the experience rating period, that amount in excess 61.23is applied against any unemployment benefits paid after the experience rating period. 61.24    (c) The method of payments to the trust fund under subdivisions 3 and 4 applies to 61.25all taxes paid by or due from the state or political subdivision that elects to be taxpaying 61.26employers under this subdivision. 61.27    (d) A notice of election or a notice terminating election must be filed by electronic 61.28transmission in a format prescribed by the commissioner. 61.29    Sec. 2. Minnesota Statutes 2008, section 268.053, subdivision 1, is amended to read: 61.30    Subdivision 1. Election. (a) Any nonprofit organization that has employees in 61.31covered employment must pay taxes on a quarterly basis in accordance with section 61.32268.051 unless it elects to make reimbursements to the trust fund the amount of 61.33unemployment benefits charged to its reimbursable account under section 268.047. 62.1    The organization may elect to make reimbursements for a period of not less than 62.2two calendar years beginning with the date that the organization was determined to be an 62.3employer with covered employment by filing a notice of election not later than 30 calendar 62.4days after the date of the determination. 62.5    (b) Any nonprofit organization that makes an election will continue to be liable for 62.6reimbursements until it files a notice terminating its election not later than 30 calendar 62.7days before the beginning of the calendar year the termination is to be effective. 62.8    (c) A nonprofit organization that has been making reimbursements that files a notice 62.9of termination of election must be assigned the new employer tax rate under section 62.10268.051, subdivision 5 , for the calendar year of the termination of election and new text begin unless or new text end 62.11until it qualifies for an experience rating under section 268.051, subdivision 3. 62.12    (d) Any nonprofit organization that has been paying taxes may elect to make 62.13reimbursements by filing no less than 30 calendar days before January 1 of any calendar 62.14year a notice of election. Upon election, the commissioner shall establish a reimbursable 62.15account for the nonprofit organization. An election is allowed only if the nonprofit 62.16organization has, since the beginning of the experience rating period under section 62.17268.051, subdivision 3, paid taxes equal to or more than 125 percent of the unemployment 62.18benefits used in computing the experience rating. In addition, any unemployment benefits 62.19paid after the experience rating period are transferred to the new reimbursable account 62.20of the nonprofit organization. If the amount of taxes paid since the beginning of the 62.21experience rating period exceeds 125 percent of the amount of unemployment benefits 62.22paid during the experience rating period, that amount in excess is applied against any 62.23unemployment benefits paid after the experience rating period. The election is not 62.24terminable by the organization for that and the next calendar year. 62.25    (e) The commissioner may for good cause extend the period that a notice of election, 62.26or a notice of termination, must be filed and may permit an election to be retroactive. 62.27    (f) A notice of election or notice terminating election must be filed by electronic 62.28transmission in a format prescribed by the commissioner. 62.29    Sec. 3. Minnesota Statutes 2008, section 268.066, is amended to read: 62.30268.066 CANCELLATION OF AMOUNTS DUE FROM AN EMPLOYER. 62.31    (a) The commissioner shall new text begin must new text end cancel as uncollectible any amounts due from 62.32an employer under this chapter or section 116L.20, that remain unpaid six years after 62.33the amounts have been first determined due, except where the delinquent amounts are 62.34secured by a notice of lien, a judgment, are in the process of garnishment, or are under a 62.35payment plan. 63.1    (b) The commissioner may cancel at any time as uncollectible any amount due, or 63.2any portion of an amount due, from an employer under this chapter or section 116L.20, 63.3that (1) are uncollectible due to death or bankruptcy, new text begin or new text end (2) the Collection Division of the 63.4Department of Revenue under section 16D.04 was unable to collect, or (3) new text begin . new text end 63.5 new text begin (c) new text end The commissioner new text begin may cancel at any time any interest, penalties, or fees due new text end 63.6 new text begin from an employer, or any portions due, if the commissioner new text end determines that it is not in 63.7the public interest to pursue collection of the amount due. new text begin This paragraph does not apply new text end 63.8 new text begin to unemployment insurance taxes or reimbursements due. new text end 63.9    Sec. 4. Minnesota Statutes 2008, section 268.067, is amended to read: 63.10268.067 COMPROMISE. 63.11    (a) The commissioner may compromise in whole or in part any action, determination, 63.12or decision that affects only an employer and not an applicant, and that has occurred 63.13during the prior 24 months. This paragraph may apply new text begin applies new text end if it is determined by a court 63.14of law, or a confession of judgment, that an applicant, while employed, wrongfully took 63.15from the employer $500 or more in money or property. 63.16    (b) The commissioner may at any time compromise any amount new text begin unemployment new text end 63.17 new text begin insurance tax or reimbursement new text end due from an employer under this chapter or section 63.18116L.20 . 63.19    (c) Any compromise involving an amount over $2,500 new text begin $10,000 new text end must be authorized 63.20by an attorney licensed to practice law in Minnesota who is an employee of the department 63.21designated by the commissioner for that purpose. 63.22    (d) Any compromise must be in the best interest of the state of Minnesota. 63.23    Sec. 5. Minnesota Statutes 2008, section 268.069, subdivision 2, is amended to read: 63.24    Subd. 2. Unemployment benefits paid from state funds. Unemployment benefits 63.25are paid from state funds and are not considered paid from any special insurance plan, 63.26nor as paid by an employer. An application for unemployment benefits is not considered 63.27a claim against an employer but is considered a request for unemployment benefits 63.28from the trust fund. The commissioner has the responsibility for the proper payment of 63.29unemployment benefits regardless of the level of interest or participation by an applicant or 63.30an employer in any determination or appeal. An applicant's entitlement to unemployment 63.31benefits must be determined based upon that information available without regard to any 63.32burden of proof, and any agreement between an applicant and an employer is not binding 63.33on the commissioner in determining an applicant's entitlement. There is no presumption of 63.34entitlement or nonentitlement to unemployment benefits. 64.1    Sec. 6. Minnesota Statutes 2008, section 268.07, subdivision 3b, is amended to read: 64.2    Subd. 3b. Limitations on applications and benefit accounts. (a) An application for 64.3unemployment benefits is effective the Sunday of the calendar week that the application 64.4was filed. Upon specific request of an applicant, An application for unemployment benefits 64.5may be backdated one calendar week before the Sunday of the week the application was 64.6actually filed new text begin if the applicant requests the backdating at the time the application is filed new text end . 64.7An application may be backdated only if the applicant was unemployed throughout new text begin had new text end 64.8 new text begin no employment during new text end the period of the backdating. If an individual attempted to file an 64.9application for unemployment benefits, but was prevented from filing an application by 64.10the department, the application is effective the Sunday of the calendar week the individual 64.11first attempted to file an application. 64.12    (b) A benefit account established under subdivision 2 is effective the date the 64.13application for unemployment benefits was effective. 64.14    (c) A benefit account, once established, may later be withdrawn only if: 64.15    (1) new text begin the applicant has not been paid any unemployment benefits on that benefit new text end 64.16 new text begin account; and new text end 64.17 new text begin (2) new text end a new application for unemployment benefits is filed and a new benefit account is 64.18established at the time of the withdrawal; and new text begin . new text end 64.19    (2) the applicant has not served the nonpayable waiting week under section 268.085, 64.20subdivision 1 , clause (5). 64.21    A determination or amended determination new text begin of eligibility or ineligibility issued new text end under 64.22section 268.101, that was issued new text begin sent new text end before the withdrawal of the benefit account, remains 64.23in effect and is not voided by the withdrawal of the benefit account. A determination of 64.24ineligibility requiring subsequent earnings to satisfy the period of ineligibility under 64.25section 268.095, subdivision 10, applies to the weekly unemployment benefit amount on 64.26the new benefit account. 64.27    (d) An application for unemployment benefits is not allowed before the Sunday 64.28following the expiration of the benefit year on a prior benefit account. Except as allowed 64.29under paragraph (b) new text begin (c) new text end , an applicant may establish only one benefit account each 52 64.30calendar weeks. 64.31    Sec. 7. Minnesota Statutes 2008, section 268.085, subdivision 3, is amended to read: 64.32    Subd. 3. Payments that delay unemployment benefits. (a) An applicant is not 64.33eligible to receive unemployment benefits for any week with respect to which the applicant 64.34is receiving, has received, or has filed for payment, equal to or in excess of the applicant's 64.35weekly unemployment benefit amount, in the form of: 65.1    (1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause 65.2does not apply to (i) vacation pay paid upon a permanent separation from employment, or 65.3(ii) vacation pay paid from a vacation fund administered by a union or a third party not 65.4under the control of the employer; 65.5    (2) severance pay, bonus pay, sick pay, and any other payments, except earnings 65.6under subdivision 5, and back pay under subdivision 6, paid by an employer because of, 65.7upon, or after separation from employment, but only if the payment is considered wages at 65.8the time of payment under section 268.035, subdivision 29; or 65.9    (3) pension, retirement, or annuity payments from any plan contributed to by a base 65.10period employer including the United States government, except Social Security benefits 65.11that are provided for in subdivision 4. The base period employer is considered to have 65.12contributed to the plan if the contribution is excluded from the definition of wages under 65.13section 268.035, subdivision 29, clause (1). 65.14     new text begin If the pension, retirement, or annuity payment is paid in a lump sum, new text end an applicant is 65.15not considered to have received the lump-sum new text begin a new text end payment if new text begin (i) new text end the applicant immediately 65.16deposits that payment in a qualified pension plan or account new text begin , or (ii) that payment is an new text end 65.17 new text begin early distribution for which the applicant paid an early distribution penalty under the new text end 65.18 new text begin Internal Revenue Code, United States Code, title 26, section 72(t)(1) new text end . 65.19    (b) This subdivision applies to all the weeks of payment. Payments under paragraph 65.20(a), clauses (1) and (2) new text begin clause (1) new text end , are applied to the period immediately following the last 65.21day of employment. The number of weeks of payment is determined as follows: 65.22    (1) if the payments are made periodically, the total of the payments to be received is 65.23divided by the applicant's last level of regular weekly pay from the employer; or 65.24    (2) if the payment is made in a lump sum, that sum is divided by the applicant's last 65.25level of regular weekly pay from the employer. 65.26    (c) If the payment is less than the applicant's weekly unemployment benefit amount, 65.27unemployment benefits are reduced by the amount of the payment. If the computation 65.28of reduced unemployment benefits is not a whole dollar, it is rounded down to the next 65.29lower whole dollar. 65.30    Sec. 8. Minnesota Statutes 2008, section 268.085, subdivision 6, is amended to read: 65.31    Subd. 6. Receipt of back pay. (a) Back pay received by an applicant new text begin within 24 new text end 65.32 new text begin months of the establishment of the benefit account new text end with respect to any week occurring 65.33in the 104 weeks before the payment of the back pay new text begin during the benefit year new text end must be 65.34deducted from unemployment benefits paid for that week. 66.1    If the back pay is not paid with respect to a specific period, the back pay must be 66.2applied to the period immediately following the last day of employment. 66.3    (b) If the back pay is reduced by the amount of unemployment benefits that have 66.4been paid, the amount of back pay withheld must be: 66.5    (1) paid by the employer to the trust fund within 30 calendar days and subject to the 66.6same collection procedures that apply to past due taxes; 66.7    (2) applied to unemployment benefit overpayments resulting from the payment of 66.8the back pay; and 66.9    (3) credited to the maximum amount of unemployment benefits available to the 66.10applicant in a benefit year that includes the weeks for which back pay was deducted. 66.11    (c) Unemployment benefits paid the applicant must be removed from the 66.12computation of the tax rate for taxpaying employers and removed from the reimbursable 66.13account for nonprofit and government employers that have elected to be liable for 66.14reimbursements in the calendar quarter the trust fund receives payment. 66.15    (d) Payments to the trust fund under this subdivision are considered as made by 66.16the applicant. 66.17    Sec. 9. Minnesota Statutes 2008, section 268.085, subdivision 15, is amended to read: 66.18    Subd. 15. Available for suitable employment defined. (a) "Available for suitable 66.19employment" means an applicant is ready and willing to accept suitable employment in 66.20the labor market area. The attachment to the work force must be genuine. An applicant 66.21may restrict availability to suitable employment, but there must be no other restrictions, 66.22either self-imposed or created by circumstances, temporary or permanent, that prevent 66.23accepting suitable employment. 66.24(b) To be considered "available for suitable employment," a student must be willing 66.25to quit school to accept suitable employment. 66.26(c) An applicant who is absent from the labor market area for personal reasons, other 66.27than to search for work, is not "available for suitable employment." 66.28(d) An applicant who has restrictions on the hours of the day or days of the week 66.29that the applicant can or will work, that are not normal for the applicant's usual occupation 66.30or other suitable employment, is not "available for suitable employment." An applicant 66.31must be available for daytime employment, if suitable employment is performed during 66.32the daytime, even though the applicant previously worked the night shift. 66.33(e) An applicant must have transportation throughout the labor market area to be 66.34considered "available for suitable employment." 67.1    Sec. 10. Minnesota Statutes 2008, section 268.095, subdivision 1, is amended to read: 67.2    Subdivision 1. Quit. An applicant who quit employment is ineligible for all 67.3unemployment benefits according to subdivision 10 except when: 67.4    (1) the applicant quit the employment because of a good reason caused by the 67.5employer as defined in subdivision 3; 67.6    (2) the applicant quit the employment to accept other covered employment that 67.7provided substantially better terms and conditions of employment, but the applicant did 67.8not work long enough at the second employment to have sufficient subsequent earnings to 67.9satisfy the period of ineligibility that would otherwise be imposed under subdivision 10 67.10for quitting the first employment; 67.11    (3) the applicant quit the employment within 30 calendar days of beginning the 67.12employment because the employment was unsuitable for the applicant; 67.13    (4) the employment was unsuitable for the applicant and the applicant quit to enter 67.14reemployment assistance training; 67.15    (5) the employment was part time and the applicant also had full-time employment 67.16in the base period, from which full-time employment the applicant separated because of 67.17reasons for which the applicant was held not to be ineligible, and the wage credits from 67.18the full-time employment are sufficient to meet the minimum requirements to establish a 67.19benefit account under section 268.07; 67.20    (6) the applicant quit because the employer notified the applicant that the applicant 67.21was going to be laid off because of lack of work within 30 calendar days. An applicant 67.22who quit employment within 30 calendar days of a notified date of layoff because of lack 67.23of work is ineligible for unemployment benefits through the end of the week that includes 67.24the scheduled date of layoff; 67.25    (7) the applicant quit the employment because the applicant's serious illness or 67.26injury made it medically necessary that the applicant quit, provided that the applicant 67.27inform the employer of the serious illness or injury and request accommodation and no 67.28reasonable accommodation is made available. 67.29    If the applicant's serious illness is chemical dependency, this exception does not 67.30apply if the applicant was previously diagnosed as chemically dependent or had treatment 67.31for chemical dependency, and since that diagnosis or treatment has failed to make 67.32consistent efforts to control the chemical dependency. 67.33    This exception raises an issue of the applicant's being able to work new text begin available for new text end 67.34 new text begin suitable employment new text end under section 268.085, subdivision 1, that the commissioner shall new text begin new text end 67.35 new text begin must new text end determine; 68.1    (8) the applicant's loss of child care for the applicant's minor child caused the 68.2applicant to quit the employment, provided the applicant made reasonable effort to obtain 68.3other child care and requested time off or other accommodation from the employer and no 68.4reasonable accommodation is available. 68.5    This exception raises an issue of the applicant's availability new text begin being available new text end for 68.6suitable employment under section 268.085, subdivision 1, that the commissioner shall new text begin new text end 68.7 new text begin must new text end determine; or 68.8    (9) domestic abuse of the applicant or the applicant's minor child, necessitated the 68.9applicant's quitting the employment. Domestic abuse must be shown by one or more of 68.10the following: 68.11    (i) a district court order for protection or other documentation of equitable relief 68.12issued by a court; 68.13    (ii) a police record documenting the domestic abuse; 68.14    (iii) documentation that the perpetrator of the domestic abuse has been convicted 68.15of the offense of domestic abuse; 68.16    (iv) medical documentation of domestic abuse; or 68.17    (v) written statement that the applicant or the applicant's minor child is a victim 68.18of domestic abuse, provided by a social worker, member of the clergy, shelter worker, 68.19attorney at law, or other professional who has assisted the applicant in dealing with the 68.20domestic abuse. 68.21    Domestic abuse for purposes of this clause is defined under section 518B.01. 68.22    Sec. 11. Minnesota Statutes 2008, section 268.095, subdivision 2, is amended to read: 68.23    Subd. 2. Quit defined. (a) A quit from employment occurs when the decision to end 68.24the employment was, at the time the employment ended, the employee's. 68.25    (b) An employee who has been notified that the employee will be discharged in the 68.26future, who chooses to end the employment while employment in any capacity is still 68.27available, is considered to have quit the employment. 68.28    (c) An employee who seeks to withdraw a previously submitted notice of quitting is 68.29considered to have quit the employment if the employer does not agree that the notice 68.30may be withdrawn. 68.31    (d) An applicant who, within five calendar days after completion of a suitable 68.32temporary job assignment from a staffing service employer, (1) fails without good cause 68.33to affirmatively request an additional job assignment, or (2) refuses without good cause 68.34an additional suitable job assignment offered, new text begin or (3) accepts employment with the client new text end 68.35 new text begin of the staffing service, new text end is considered to have quit employment new text begin with the staffing service. new text end 69.1 new text begin Accepting employment with the client of the staffing service meets the requirements of the new text end 69.2 new text begin exception to ineligibility under subdivision 1, clause (2) new text end . 69.3    This paragraph applies only if, at the time of beginning of employment with the 69.4staffing service employer, the applicant signed and was provided a copy of a separate 69.5document written in clear and concise language that informed the applicant of this 69.6paragraph and that unemployment benefits may be affected. 69.7    For purposes of this paragraph, "good cause" is a reason that is significant and 69.8would compel an average, reasonable worker, who would otherwise want an additional 69.9temporary job assignment with the staffing service employer, (1) to fail to contact the 69.10staffing service employer, or (2) to refuse an offered assignment. 69.11    For purposes of this paragraph, a "staffing service employer" is an employer whose 69.12business involves employing individuals directly for the purpose of furnishing temporary 69.13job assignment workers to clients of the staffing service. 69.14    Sec. 12. Minnesota Statutes 2008, section 268.103, is amended by adding a subdivision 69.15to read: 69.16     new text begin Subd. 2a. new text end new text begin Employer-agent appeals filed online. new text end new text begin (a) If an agent files an appeal on new text end 69.17 new text begin behalf of an employer, the appeal must be filed online. The appeal must be filed through new text end 69.18 new text begin the electronic address provided on the determination being appealed. Use of another new text end 69.19 new text begin method of filing does not constitute an appeal. This paragraph does not apply to an new text end 69.20 new text begin employee filing an appeal on behalf of an employer. new text end 69.21 new text begin (b) All information requested when the appeal is filed must be supplied or the new text end 69.22 new text begin communication does not constitute an appeal. new text end 69.23    Sec. 13. Minnesota Statutes 2008, section 268.18, subdivision 4a, is amended to read: 69.24    Subd. 4a. Court fees new text begin ; collection fees new text end . (a) If the commissioner is required to pay any 69.25court fees in an attempt to enforce collection of overpaid unemployment benefits, penalties, 69.26or interest, the commissioner may add the amount of the court fees to the total amount due. 69.27(b) If an applicant who has been determined overpaid unemployment benefits 69.28because of fraud seeks to have any portion of the debt discharged under the federal 69.29bankruptcy code, and the commissioner files an objection in bankruptcy court to the 69.30discharge, the commissioner may add the commissioner's cost of any court fees to the debt 69.31if the bankruptcy court does not discharge the debt. 69.32 new text begin (c) If the Internal Revenue Service assesses the commissioner a fee for offsetting new text end 69.33 new text begin from a federal tax refund the amount of any fraud overpayment, including penalties and new text end 69.34 new text begin interest, the amount of the fee may be added to the total amount due. The offset amount new text end 70.1 new text begin must be put in the trust fund and that amount credited to the total amount due from the new text end 70.2 new text begin applicant. new text end 70.3    Sec. 14. Minnesota Statutes 2008, section 268.186, is amended to read: 70.4268.186 RECORDS; AUDITS. 70.5    (a) Each employer must keep true and accurate records for the periods of time and 70.6containing the information the commissioner may require by rule. For the purpose of 70.7administering this chapter, the commissioner has the power to audit, examine, or cause to 70.8be supplied or copied, any books, correspondence, papers, records, or memoranda that 70.9are relevant, whether the books, correspondence, papers, records, or memoranda are the 70.10property of or in the possession of the employer or any other person at any reasonable 70.11time and as often as may be necessary. 70.12    (b) Any employer that refuses to allow an audit of its records by the department, or 70.13that fails to make all necessary records available for audit in Minnesota upon request of 70.14the commissioner, may be assessed an administrative penalty of $500. new text begin An employer that new text end 70.15 new text begin fails to provide a weekly breakdown of money earned by an applicant upon request of the new text end 70.16 new text begin commissioner, information necessary for the detection of applicant fraud under section new text end 70.17 new text begin 268.18, subdivision 2, may be assessed an administrative penalty of $100. Any notice new text end 70.18 new text begin requesting a weekly breakdown must clearly state that a $100 penalty may be assessed for new text end 70.19 new text begin failure to provide the information. new text end The penalty collected is credited to the administration 70.20account to be used by the commissioner to ensure integrity in the administration of the 70.21unemployment insurance program new text begin trust fund new text end . 70.22    (c) The commissioner may make summaries, compilations, photographs, 70.23duplications, or reproductions of any records, or reports that the commissioner considers 70.24advisable for the preservation of the information contained therein. Any summaries, 70.25compilations, photographs, duplications, or reproductions is admissible in any proceeding 70.26under this chapter. The commissioner may duplicate records, reports, summaries, 70.27compilations, instructions, determinations, or any other written or recorded matter 70.28pertaining to the administration of this chapter. 70.29    (d) Regardless of any law to the contrary, the commissioner may provide for the 70.30destruction of any records, reports, or reproductions, or other papers that are no longer 70.31necessary for the administration of this chapter, including any required audit. In addition, 70.32the commissioner may provide for the destruction or disposition of any record, report, 70.33or other paper from which the information has been electronically captured and stored, 70.34or that has been photographed, duplicated, or reproduced. 71.1    Sec. 15. new text begin ENTREPRENEURSHIP FOR DISLOCATED WORKERS. new text end 71.2     new text begin Subdivision 1. new text end new text begin Authorization. new text end new text begin Minnesota has been awarded a federal grant by the new text end 71.3 new text begin United States Department of Labor under the Project GATE (Growing America Through new text end 71.4 new text begin Entrepreneurship) program to assist certain dislocated workers in starting a business. new text end 71.5 new text begin Providing unemployment benefits while the dislocated worker is receiving services such new text end 71.6 new text begin as entrepreneurial training, business counseling, and technical assistance will assist in the new text end 71.7 new text begin success of this pilot project. In order to provide unemployment benefits, the commissioner new text end 71.8 new text begin of employment and economic development is authorized to waive the availability for new text end 71.9 new text begin suitable employment requirements of Minnesota Statutes, section 268.085, subdivision 1, new text end 71.10 new text begin as well as the earnings deductibility provisions of Minnesota Statutes, section 268.085, new text end 71.11 new text begin subdivision 5, for individuals enrolled in this pilot project. new text end 71.12     new text begin Subd. 2. new text end new text begin Limitations. new text end new text begin A maximum of 500 applicants for unemployment benefits are new text end 71.13 new text begin authorized to receive a waiver. new text end 71.14     new text begin Subd. 3. new text end new text begin Expiration date. new text end new text begin The authorization under subdivision 1 expires June new text end 71.15 new text begin 30, 2012. new text end 71.16    Sec. 16. new text begin EFFECTIVE DATE. new text end 71.17 new text begin Sections 1 to 6, 8 to 11, 13, and 14 are effective August 2, 2009, and apply to all new text end 71.18 new text begin department determinations and unemployment law judge decisions issued on or after that new text end 71.19 new text begin date. Section 11 is effective April 1, 2010, and applies to all department determinations new text end 71.20 new text begin and unemployment law judge decisions issued on or after that date. Section 7 is effective new text end 71.21 new text begin retroactively from December 1, 2008. Section 15 is effective the day following final new text end 71.22 new text begin enactment. new text end 71.23ARTICLE 4 71.24UNEMPLOYMENT INSURANCE TECHNICAL CHANGES 71.25    Section 1. Minnesota Statutes 2008, section 268.031, is amended to read: 71.26268.031 STANDARD OF PROOF new text begin AND PRESUMPTION OF ELIGIBILITY new text end . 71.27     new text begin Subdivision 1. new text end new text begin Standard of proof. new text end All issues of fact under the Minnesota 71.28Unemployment Insurance Law are determined by a preponderance of the evidence. 71.29Preponderance of the evidence means evidence in substantiation of a fact that, when 71.30weighed against the evidence opposing the fact, is more convincing and has a greater 71.31probability of truth. 71.32     new text begin Subd. 2. new text end new text begin Presumption of eligibility. new text end new text begin An applicant is presumed to be eligible new text end 71.33 new text begin for unemployment benefits unless precluded by statute from receiving benefits. In new text end 72.1 new text begin determining eligibility or ineligibility for benefits, any statutory provision that would new text end 72.2 new text begin preclude an applicant from receiving benefits must be narrowly construed. new text end 72.3    Sec. 2. new text begin [268.034] COMPUTATIONS OF MONEY ROUNDED DOWN. new text end 72.4 new text begin Computations of money required under this chapter that do not result in a whole new text end 72.5 new text begin dollar are rounded down to the next lower whole dollar, unless specifically provided new text end 72.6 new text begin otherwise by law. new text end 72.7    Sec. 3. Minnesota Statutes 2008, section 268.035, subdivision 2, is amended to read: 72.8    Subd. 2. Agricultural employment. "Agricultural employment" means services: 72.9(1) on a farm, in the employ of any person or family farm corporation in connection 72.10with cultivating the soil, or in connection with raising or harvesting any agricultural or 72.11horticultural commodity, including the raising, shearing, feeding, caring for, training, and 72.12management of livestock, bees, poultry, fur-bearing animals, and wildlife; 72.13(2) in the employ of the owner or tenant or other operator of a farm, in connection 72.14with the operation, management, conservation, improvement, or maintenance of the farm 72.15and its tools and equipment, or in salvaging timber or clearing land of brush and other 72.16debris left by a tornado-like storm, if the major part of the employment is performed 72.17on a farm; 72.18(3) in connection with the production or harvesting of any commodity defined as 72.19an agricultural product in United States Code, title 7, section 1626 of the Agricultural 72.20Marketing Act, or in connection with cotton ginning, or in connection with the operation 72.21or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for 72.22profit, used exclusively for supplying and storing water for farming purposes; 72.23(4) in the employ of the operator of a farm in handling, planting, drying, packing, 72.24packaging, processing, freezing, grading, storing, or delivering to storage or to market 72.25or to a carrier for transportation to market, in its unmanufactured state, any agricultural 72.26or horticultural commodity; but only if the operator produced more than one-half of 72.27the commodity with respect to which the employment is performed, or in the employ 72.28of a group of operators of farms or a cooperative organization of which the operators 72.29are members, but only if the operators produced more than one-half of the commodity 72.30with respect to which the employment is performed; however, this clause shall new text begin is new text end not 72.31be applicable to employment performed in connection with commercial canning or 72.32commercial freezing or in connection with any agricultural or horticultural commodity 72.33after its delivery to a terminal market for distribution for consumption; or 73.1(5) on a farm operated for profit if the employment is not in the course of the 73.2employer's trade or business. 73.3For purposes of this subdivision, the term "farm" includes stock, dairy, poultry, fruit, 73.4fur-bearing animals, and truck farms, plantations, ranches, nurseries, orchards, ranges, 73.5greenhouses, or other similar structures used primarily for the raising of agricultural or 73.6horticultural commodities. 73.7    Sec. 4. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision 73.8to read: 73.9     new text begin Subd. 9a. new text end new text begin Construction; independent contractor. new text end new text begin For purposes of this chapter, new text end 73.10 new text begin section 181.723 determines whether a worker is an independent contractor or an employee new text end 73.11 new text begin when performing public or private sector commercial or residential building construction new text end 73.12 new text begin or improvement services. new text end 73.13    Sec. 5. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision 73.14to read: 73.15     new text begin Subd. 12c. new text end new text begin Determination. new text end new text begin "Determination" means a document sent to an applicant new text end 73.16 new text begin or employer by mail or electronic transmission that is an initial department ruling on a new text end 73.17 new text begin specific issue. All documents that are determinations under this chapter use that term in new text end 73.18 new text begin the title of the document and are appealable to an unemployment law judge under section new text end 73.19 new text begin 268.105, subdivision 1. new text end 73.20    Sec. 6. Minnesota Statutes 2008, section 268.035, subdivision 17, is amended to read: 73.21    Subd. 17. Filing; filed. "Filing" or "filed" means the new text begin personal new text end delivery of any 73.22document new text begin an application, appeal, or other required action new text end to the commissioner or any of 73.23the commissioner's agents, or the depositing of the document new text begin if done by mail, deposited new text end 73.24in the United States mail properly addressed to the department with postage prepaid, in 73.25which case the document new text begin it new text end is considered filed on the day indicated by the cancellation 73.26mark of the United States Postal Service. 73.27    If, where allowed, an application, appeal, or other required action is made by 73.28electronic transmission, it is considered filed on the day received by the department. 73.29    Sec. 7. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision 73.30to read: 74.1     new text begin Subd. 20a. new text end new text begin Preponderance of the evidence. new text end new text begin "Preponderance of the evidence" new text end 74.2 new text begin means evidence in substantiation of a fact that, when weighed against the evidence new text end 74.3 new text begin opposing the fact, is more convincing and has a greater probability of truth. new text end 74.4    Sec. 8. Minnesota Statutes 2008, section 268.042, subdivision 3, is amended to read: 74.5    Subd. 3. Election to have noncovered employment considered covered 74.6employment. (a) Any employer that has employment performed for it that is noncovered 74.7employment under section 268.035, subdivision 20, may file with the commissioner, by 74.8electronic transmission in a format prescribed by the commissioner, an election that all 74.9 new text begin employees in that class of new text end employment, in one or more distinct establishments or places 74.10of business, is considered covered employment for not less than two calendar years. 74.11The commissioner has discretion on the approval of any election. Upon the approval of 74.12the commissioner, sent by mail or electronic transmission, the employment constitutes 74.13covered employment beginning the calendar quarter after the date of approval or 74.14beginning a later calendar quarter if requested by the employer. The employment ceases to 74.15be considered covered employment as of the first day of January of any calendar year only 74.16if at least 30 calendar days before the first day of January the employer has filed with the 74.17commissioner, by electronic transmission in a format prescribed by the commissioner, a 74.18notice to that effect. 74.19    (b) The commissioner must terminate any election agreement under this subdivision 74.20upon 30 calendar days' notice sent by mail or electronic transmission, if the employer is 74.21delinquent on any taxes due or reimbursements due the trust fund. 74.22    Sec. 9. Minnesota Statutes 2008, section 268.043, is amended to read: 74.23268.043 DETERMINATIONS OF COVERAGE. 74.24    (a) The commissioner, upon the commissioner's own motion or upon application 74.25of a person, shall new text begin must new text end determine if that person is an employer or whether services 74.26performed for it constitute employment and covered employment, or whether the new text begin any new text end 74.27compensation for services constitutes wages, and notify the person of the determination. 74.28The determination is final unless the person, new text begin files an appeal new text end within 20 calendar days 74.29after sending of the determination new text begin the commissioner sends the determination new text end by mail 74.30or electronic transmission, files an appeal. Proceedings on the appeal are conducted in 74.31accordance with section 268.105. 74.32    (b) No person may be initially determined an employer, or that services performed 74.33for it were in employment or covered employment, for periods more than four years 75.1before the year in which the determination is made, unless the commissioner finds that 75.2there was fraudulent action to avoid liability under this chapter. 75.3    Sec. 10. Minnesota Statutes 2008, section 268.044, subdivision 2, is amended to read: 75.4    Subd. 2. Failure to timely file report; late fees. (a) Any employer that fails to 75.5submit the quarterly wage detail report when due must pay a late fee of $10 per employee, 75.6computed based upon the highest of: 75.7    (1) the number of employees reported on the last wage detail report submitted; 75.8    (2) the number of employees reported in the corresponding quarter of the prior 75.9calendar year; or 75.10    (3) if no wage detail report has ever been submitted, the number of employees 75.11listed at the time of employer registration. 75.12    The late fee is waived new text begin canceled new text end if the wage detail report is received within 30 75.13calendar days after a demand for the report is sent to the employer by mail or electronic 75.14transmission. A late fee assessed an employer may not be waived new text begin canceled new text end more than 75.15twice each 12 months. The amount of the late fee assessed may not be less than $250. 75.16    (b) If the wage detail report is not received in a manner and format prescribed by the 75.17commissioner within 30 calendar days after demand is sent under paragraph (a), the late 75.18fee assessed under paragraph (a) doubles and a renewed demand notice and notice of the 75.19increased late fee will be sent to the employer by mail or electronic transmission. 75.20    (c) Late fees due under this subdivision may be compromised new text begin canceled, in whole or new text end 75.21 new text begin in part, new text end under section new text begin 268.066 new text end where good cause for late submission is found by 75.22the commissioner. 75.23    Sec. 11. Minnesota Statutes 2008, section 268.047, subdivision 1, is amended to read: 75.24    Subdivision 1. General rule. Unemployment benefits paid to an applicant, 75.25including extended and shared work benefits, will be used in computing the future 75.26tax rate of a taxpaying base period employer or charged to the reimbursable account 75.27of a base period nonprofit or government employer that has elected to be liable for 75.28reimbursements except as provided in subdivisions 2 and 3. The amount of unemployment 75.29benefits used in computing the future tax rate of taxpaying employers or charged to the 75.30reimbursable account of a nonprofit or government employer that has elected to be liable 75.31for reimbursements is the same percentage of the total amount of unemployment benefits 75.32paid as the percentage of wage credits from the employer is of the total amount of wage 75.33credits from all the applicant's base period employers. 76.1    In making computations under this subdivision, the amount of wage credits, if not a 76.2whole dollar, must be computed to the nearest whole dollar. 76.3    Sec. 12. Minnesota Statutes 2008, section 268.047, subdivision 2, is amended to read: 76.4    Subd. 2. Exceptions for all employers. Unemployment benefits paid will not be 76.5used in computing the future tax rate of a taxpaying base period employer or charged to 76.6the reimbursable account of a base period nonprofit or government employer that has 76.7elected to be liable for reimbursements when: 76.8    (1) the applicant was discharged from the employment because of aggravated 76.9employment misconduct as determined under section 268.095. This exception applies 76.10only to unemployment benefits paid for periods after the applicant's discharge from 76.11employment; 76.12    (2) an applicant's discharge from that employment occurred because a law required 76.13removal of the applicant from the position the applicant held; 76.14    (3) the employer is in the tourist or recreation industry and is in active operation of 76.15business less than 15 calendar weeks each year and the applicant's wage credits from the 76.16employer are less than 600 times the applicable state or federal minimum wage; 76.17    (4) new text begin (3) new text end the employer provided regularly scheduled part-time employment to the 76.18applicant during the applicant's base period and continues to provide the applicant with 76.19regularly scheduled part-time employment during the benefit year of at least 90 percent 76.20of the part-time employment provided in the base period, and is an involved employer 76.21because of the applicant's loss of other employment. This exception terminates effective 76.22the first week that the employer fails to meet the benefit year employment requirements. 76.23This exception applies to educational institutions without consideration of the period 76.24between academic years or terms; 76.25    (5) new text begin (4) new text end the employer is a fire department or firefighting corporation or operator 76.26of a life-support transportation service, and continues to provide employment for the 76.27applicant as a volunteer firefighter or a volunteer ambulance service personnel during the 76.28benefit year on the same basis that employment was provided in the base period. This 76.29exception terminates effective the first week that the employer fails to meet the benefit 76.30year employment requirements; 76.31    (6) new text begin (5) new text end the applicant's unemployment from this employer was a direct result of 76.32the condemnation of property by a governmental agency, a fire, flood, or act of nature, 76.33where 25 percent or more of the employees employed at the affected location, including 76.34the applicant, became unemployed as a result. This exception does not apply where the 77.1unemployment was a direct result of the intentional act of the employer or a person acting 77.2on behalf of the employer; 77.3    (7) new text begin (6) new text end the unemployment benefits were paid by another state as a result of the 77.4transferring of wage credits under a combined wage arrangement provided for in section 77.5268.131 ; 77.6    (8) new text begin (7) new text end the applicant stopped working because of a labor dispute at the applicant's 77.7primary place of employment if the employer was not a party to the labor dispute; 77.8    (9) new text begin (8) new text end the unemployment benefits were determined overpaid unemployment benefits 77.9under section 268.18; 77.10    (10) new text begin (9) new text end the applicant was employed as a replacement worker, for a period of six 77.11months or longer, for an employee who is in the military reserve and was called for active 77.12duty during the time the applicant worked as a replacement, and the applicant was laid off 77.13because the employee returned to employment after active duty; or 77.14    (11) new text begin (10) new text end the trust fund was reimbursed for the unemployment benefits by the 77.15federal government. 77.16    Sec. 13. Minnesota Statutes 2008, section 268.051, subdivision 1, is amended to read: 77.17    Subdivision 1. Payments. (a) Unemployment insurance taxes and any special 77.18assessments, fees, or surcharges accrue and become payable by each employer for each 77.19calendar year on the taxable wages that the employer paid to employees in covered 77.20employment, except for: 77.21    (1) nonprofit organizations that elect to make reimbursements as provided in section 77.22268.053 ; and 77.23    (2) the state of Minnesota and political subdivisions that make reimbursements, 77.24unless they elect to pay taxes as provided in section 268.052. 77.25    Each employer must pay taxes quarterly, at the employer's assigned tax rate under 77.26subdivision 6, on the taxable wages paid to each employee. The commissioner must 77.27compute the tax due from the wage detail report required under section 268.044 and notify 77.28the employer of the tax due. The taxes and any special assessments, fees, or surcharges 77.29must be paid to the trust fund and must be received by the department on or before the last 77.30day of the month following the end of the calendar quarter. 77.31    (b) The tax amount computed, if not a whole dollar, is rounded down to the next 77.32lower whole dollar. 77.33    (c) If for any reason the wages on the wage detail report under section 268.044 are 77.34adjusted for any quarter, the commissioner must recompute the taxes due for that quarter 77.35and assess the employer for any amount due or credit the employer as appropriate. 78.1    Sec. 14. Minnesota Statutes 2008, section 268.051, subdivision 4, is amended to read: 78.2    Subd. 4. Experience rating history transfer. (a) When: 78.3    (1) a taxpaying employer acquires all of the organization, trade or business, or 78.4workforce of another taxpaying employer; and 78.5    (2) there is 25 percent or more common ownership or there is substantially common 78.6management or control between the predecessor and successor, the experience rating 78.7history of the predecessor employer is transferred to the successor employer. 78.8    (b) When: 78.9    (1) a taxpaying employer acquires a portion, but less than all, of the organization, 78.10trade or business, or workforce of another taxpaying employer; and 78.11    (2) there is 25 percent or more common ownership or there is substantially common 78.12management or control between the predecessor and successor, the successor employer 78.13acquires, as of the date of acquisition, the experience rating history attributable to the 78.14portion it acquired, and the predecessor employer retains the experience rating history 78.15attributable to the portion that it has retained. If the commissioner determines that 78.16sufficient information is not available to substantiate that a distinct severable portion 78.17was acquired and to assign the appropriate distinct severable portion of the experience 78.18rating history, the commissioner shall new text begin must new text end assign the successor employer that percentage 78.19of the predecessor employer's experience rating history equal to that percentage of 78.20the employment positions it has obtained, and the predecessor employer retains that 78.21percentage of the experience rating history equal to the percentage of the employment 78.22positions it has retained. 78.23    (c) The term "common ownership" for purposes of this subdivision includes 78.24ownership by a spouse, parent, grandparent, child, grandchild, brother, sister, aunt, uncle, 78.25niece, nephew, or first cousin, by birth or by marriage. 78.26    (d) Each successor employer that is subject to paragraph (a) or (b) must notify the 78.27commissioner of the acquisition by electronic transmission, in a format prescribed by the 78.28commissioner, within 30 calendar days of the date of acquisition. Any successor employer 78.29that fails to notify the commissioner is subject to the penalties under section 268.184, 78.30subdivision 1a , if the successor's experience rating new text begin assigned tax rate under subdivision 2 new text end 78.31 new text begin or 5 new text end was lower than the predecessor's experience rating new text begin assigned tax rate new text end at the time of 78.32the acquisition. Payments made toward the penalties are credited to the administration 78.33account to be used to ensure integrity in the unemployment insurance program. 78.34    (e) If the successor employer under paragraphs (a) and (b) had an experience rating 78.35at the time of the acquisition, the transferred experience rating history of the predecessor 79.1is combined with the successor's experience rating history for purposes of recomputing 79.2a tax rate. 79.3    (f) If there has been a transfer of an experience rating history under paragraph (a) or 79.4(b), employment with a predecessor employer is not considered to have been terminated if 79.5similar employment is offered by the successor employer and accepted by the employee. 79.6    (g) The commissioner, upon notification of an employer, or upon the commissioner's 79.7own motion if the employer fails to provide the required notification, shall new text begin must new text end determine 79.8if an employer is a successor within the meaning of this subdivision. The commissioner 79.9shall new text begin must new text end , after determining the issue of succession or nonsuccession, recompute the tax 79.10rate under subdivision 6 of all employers affected. The commissioner shall new text begin must new text end send the 79.11recomputed tax rate to all affected employers by mail or electronic transmission. Any 79.12affected employer may appeal the recomputed tax rate in accordance with the procedures 79.13in subdivision 6, paragraph (c). 79.14    (h) The "experience rating history" for purposes of this subdivision and subdivision 79.154a means the amount of unemployment benefits paid and the taxable wages that are being 79.16used and would be used in computing the current and any future experience rating. 79.17    For purposes of this chapter, an "acquisition" means anything that results in the 79.18obtaining by the successor employer, in any way or manner, of the organization, trade or 79.19business, or workforce of the predecessor employer. 79.20    A "distinct severable portion" in paragraph (b) means a location or unit separately 79.21identifiable within the employer's wage detail report under section 268.044. 79.22    (i) Regardless of the ownership, management, or control requirements of paragraph 79.23(a), if there is an acquisition or merger of a publicly held corporation by or with another 79.24publicly held corporation the experience rating histories of the corporations are combined 79.25as of the date of acquisition or merger for the purpose of recomputing a tax rate. 79.26    Sec. 15. Minnesota Statutes 2008, section 268.057, subdivision 4, is amended to read: 79.27    Subd. 4. Costs. new text begin (a) new text end Any person new text begin employer, and any applicant subject to section new text end 79.28 new text begin 268.18, subdivision 2, new text end that fails to pay any amount when due under this chapter is liable 79.29for any filing fees, recording fees, sheriff fees, costs incurred by referral to any public 79.30or private collection agency, or litigation costs, including attorney fees, incurred in the 79.31collection of the amounts due. 79.32     new text begin (b) new text end If any tendered payment of any amount due is not honored when presented to 79.33a financial institution for payment, any costs assessed the department by the financial 79.34institution and a fee of $25 must be assessed to the person. 80.1     new text begin (c) new text end Costs and fees collected under this subdivision are credited to the administration 80.2account to be used by the commissioner to ensure integrity in the administration of the 80.3unemployment insurance program. 80.4    Sec. 16. Minnesota Statutes 2008, section 268.057, subdivision 5, is amended to read: 80.5    Subd. 5. Interest on amounts past due. If any amounts due from an employer 80.6under this chapter or section 116L.20, except late fees under section 268.044, are not 80.7received on the date due the unpaid balance bears interest at the rate of one and one-half 80.8percent per month or any part thereof. Interest assessed, if not a whole dollar amount, 80.9is rounded down to the next lower whole dollar. Interest collected is credited to the 80.10contingent account. Interest may be compromised under section . 80.11    Sec. 17. Minnesota Statutes 2008, section 268.0625, subdivision 1, is amended to read: 80.12    Subdivision 1. Notice of debt to licensing authority. The state of Minnesota or a 80.13political subdivision may not issue, transfer, or renew, and must revoke a license for the 80.14conduct of any profession, trade, or business, if the commissioner notifies the licensing 80.15authority that the licensee, applicant, or employer owes any amount due under this chapter 80.16or section 116L.20, of $500 or more. A licensing authority that has received such a notice 80.17may issue, transfer, renew, or not revoke the license only if the licensing authority has 80.18received a copy of the debt clearance certificate issued by the commissioner. 80.19    Sec. 18. Minnesota Statutes 2008, section 268.069, subdivision 1, is amended to read: 80.20    Subdivision 1. Requirements. The commissioner shall new text begin must new text end pay unemployment 80.21benefits from the trust fund to an applicant who has met each of the following requirements: 80.22    (1) the applicant has filed an application for unemployment benefits and established 80.23a benefit account in accordance with section 268.07; 80.24    (2) the applicant has not been held ineligible for unemployment benefits under 80.25section 268.095 because of a quit or discharge; 80.26    (3) the applicant has met all of the ongoing eligibility requirements under sections 80.27 new text begin section new text end 268.085 and ; 80.28    (4) the applicant does not have an outstanding overpayment of unemployment 80.29benefits, including any penalties or interest; and 80.30    (5) the applicant has not been held ineligible for unemployment benefits under 80.31section 268.182 because of a false representation or concealment of facts. 80.32    Sec. 19. Minnesota Statutes 2008, section 268.07, subdivision 1, is amended to read: 81.1    Subdivision 1. Application for unemployment benefits; determination of benefit 81.2account. (a) An application for unemployment benefits may be filed in person, by mail, 81.3or by electronic transmission as the commissioner may require. The applicant must be 81.4unemployed at the time the application is filed and must provide all requested information 81.5in the manner required. If the applicant is not unemployed at the time of the application 81.6or fails to provide all requested information, the communication is not considered an 81.7application for unemployment benefits. 81.8    (b) The commissioner shall new text begin must new text end examine each application for unemployment 81.9benefits to determine the base period and the benefit year, and based upon all 81.10the covered employment in the base period the commissioner shall determine the 81.11weekly unemployment benefit amount available, if any, and the maximum amount of 81.12unemployment benefits available, if any. The determination is known as the new text begin , which is a new text end 81.13 new text begin document separate and distinct from a document titled a determination of eligibility or new text end 81.14 new text begin determination of ineligibility issued under section 268.101, must be titled new text end determination of 81.15benefit account. A determination of benefit account must be sent to the applicant and all 81.16base period employers, by mail or electronic transmission. 81.17    (c) If a base period employer did not provide wage information for the applicant as 81.18provided for in section 268.044, or provided erroneous information, the commissioner 81.19may accept an applicant certification as to wage credits, based upon the applicant's records, 81.20and issue a determination of benefit account. 81.21    (d) The commissioner may, at any time within 24 months from the establishment 81.22of a benefit account, reconsider any determination of benefit account and make an 81.23amended determination if the commissioner finds that the determination was incorrect 81.24for any reason. An amended determination new text begin of benefit account new text end must be promptly sent 81.25to the applicant and all base period employers, by mail or electronic transmission. new text begin new text end 81.26 new text begin This subdivision does not apply to documents titled determinations of eligibility or new text end 81.27 new text begin determinations of ineligibility issued under section 268.101. new text end 81.28    (e) If an amended determination of benefit account reduces the weekly 81.29unemployment benefit amount or maximum amount of unemployment benefits available, 81.30any unemployment benefits that have been paid greater than the applicant was entitled 81.31is considered an overpayment of unemployment benefits. A determination or amended 81.32determination issued under this section that results in an overpayment of unemployment 81.33benefits must set out the amount of the overpayment and the requirement under section 81.34268.18, subdivision 1 , that the overpaid unemployment benefits must be repaid. 81.35    Sec. 20. Minnesota Statutes 2008, section 268.07, subdivision 2, is amended to read: 82.1    Subd. 2. Benefit account requirements and weekly unemployment benefit 82.2amount and maximum amount of unemployment benefits. (a) To establish a benefit 82.3account, an applicant must have: 82.4    (1) high quarter wage credits of $1,000 or more; and 82.5    (2) wage credits, in other than the high quarter, of $250 or more. 82.6    (b) If an applicant has established a benefit account, the weekly unemployment 82.7benefit amount available during the benefit year is the higher of: 82.8    (1) 50 percent of the applicant's average weekly wage during the base period, to a 82.9maximum of 66-2/3 percent of the state's average weekly wage; or 82.10    (2) 50 percent of the applicant's average weekly wage during the high quarter, to a 82.11maximum of 43 percent of the state's average weekly wage. 82.12    The applicant's average weekly wage under clause (1) is computed by dividing 82.13the total wage credits by 52. The applicant's average weekly wage under clause (2) is 82.14computed by dividing the high quarter wage credits by 13. 82.15    (c) The state's maximum weekly unemployment benefit amount and an applicant's 82.16weekly unemployment benefit amount and maximum amount of unemployment benefits 82.17available is rounded down to the next lower whole dollar. The state's maximum weekly 82.18benefit amount, computed in accordance with section 268.035, subdivision 23, applies 82.19to a benefit account established effective on or after the last Sunday in October. Once 82.20established, an applicant's weekly unemployment benefit amount is not affected by the last 82.21Sunday in October change in the state's maximum weekly unemployment benefit amount. 82.22    (d) The maximum amount of unemployment benefits available on any benefit 82.23account is the lower of: 82.24    (1) 33-1/3 percent of the applicant's total wage credits; or 82.25    (2) 26 times the applicant's weekly unemployment benefit amount. 82.26    Sec. 21. Minnesota Statutes 2008, section 268.07, subdivision 3, is amended to read: 82.27    Subd. 3. Second benefit account requirements. To establish a second benefit 82.28account following the expiration of a benefit year on a prior benefit account, an 82.29applicant must have sufficient wage credits to establish a benefit account under new text begin meet the new text end 82.30 new text begin requirements of new text end subdivision 2 and must have performed services in covered employment 82.31after the effective date of the prior benefit account. The wages paid for that employment 82.32 new text begin those services new text end must equal not less than new text begin be at least new text end eight times the weekly unemployment 82.33benefit amount of the prior benefit account. new text begin Part of new text end the purpose of new text begin reason for new text end this 82.34subdivision is to prevent an applicant from establishing more than one benefit account as a 82.35result of one loss of employment. 83.1    Sec. 22. Minnesota Statutes 2008, section 268.084, is amended to read: 83.2268.084 PERSONAL IDENTIFICATION NUMBER; PRESUMPTION. 83.3    (a) Each applicant must be issued a personal identification number (PIN) for the 83.4purpose of filing continued requests for unemployment benefits, accessing information, 83.5and engaging in other transactions with the department. 83.6    (b) If a PIN assigned to an applicant is used in the filing of a continued request for 83.7unemployment benefits under section new text begin 268.0865 new text end or any other type of transaction, 83.8the applicant is presumed to have been the individual using that PIN and presumed to have 83.9received any unemployment benefit payment issued. This presumption may be rebutted 83.10by a preponderance of the evidence showing that the applicant assigned the PIN was not 83.11the individual who used that PIN in the transaction. 83.12    (c) The commissioner shall new text begin must new text end notify each applicant of this section. 83.13    Sec. 23. Minnesota Statutes 2008, section 268.085, subdivision 1, is amended to read: 83.14    Subdivision 1. Eligibility conditions. An applicant may be eligible to receive 83.15unemployment benefits for any week if: 83.16    (1) the applicant has an active benefit account and has filed a continued request for 83.17unemployment benefits for that week under section new text begin 268.0865 new text end ; 83.18    (2) the week for which unemployment benefits are requested is in the applicant's 83.19benefit year; 83.20    (3) the applicant was unemployed as defined in section 268.035, subdivision 26; 83.21    (4) the applicant was able to work and was available for suitable employment, and 83.22was actively seeking suitable employment new text begin as defined in subdivision 15 new text end . The applicant's 83.23weekly unemployment benefit amount is reduced one-fifth for each day the applicant 83.24is unable to work or is unavailable for suitable employment. If the computation of the 83.25reduced unemployment benefits is not a whole dollar, it is rounded down to the next lower 83.26whole dollar. This clause does not apply to an applicant who is in reemployment assistance 83.27training, or each day the applicant is on jury duty or serving as an election judge; 83.28    (5) new text begin the applicant was actively seeking suitable employment as defined in subdivision new text end 83.29 new text begin 16. This clause does not apply to an applicant who is in reemployment assistance training new text end 83.30 new text begin or who was on jury duty throughout the week; new text end 83.31 new text begin (6) new text end the applicant has served a nonpayable waiting period of one week that the 83.32applicant is otherwise entitled to some amount of unemployment benefits. This clause 83.33does not apply if the applicant would have been entitled to federal disaster unemployment 83.34assistance because of a disaster in Minnesota, but for the applicant's establishment of a 83.35benefit account under section 268.07; and 84.1    (6) new text begin (7) new text end the applicant has been participating in reemployment assistance services, 84.2such as job search and resume writing classes, if the applicant has been determined in 84.3need of reemployment assistance services by the commissioner, unless the applicant 84.4has good cause for failing to participate. 84.5    Sec. 24. Minnesota Statutes 2008, section 268.085, subdivision 2, is amended to read: 84.6    Subd. 2. Not eligible. An applicant is ineligible for unemployment benefits for 84.7any week: 84.8    (1) that occurs before the effective date of a benefit account; 84.9    (2) that the applicant, at the beginning of the week, has an outstanding fraud 84.10overpayment balance under section 268.18, subdivision 2, including any penalties and 84.11interest; 84.12    (3) that occurs in a period when the applicant is a student in attendance at, or on 84.13vacation from a secondary school including the period between academic years or terms; 84.14    (4) that the applicant is incarcerated or performing court ordered new text begin court-ordered new text end 84.15community service. The applicant's weekly unemployment benefit amount is reduced 84.16by one-fifth for each day the applicant is incarcerated or performing court ordered 84.17 new text begin court-ordered new text end community service. If the computation of the reduced unemployment 84.18benefits is not a whole dollar, it is rounded down to the next lower whole dollar; 84.19    (5) that the applicant fails or refuses to provide information on an issue of 84.20ineligibility required under section 268.101; 84.21    (6) that the applicant is performing services 32 hours or more, in employment, 84.22covered employment, noncovered employment, volunteer work, or self-employment 84.23regardless of the amount of any earnings; or 84.24    (7) with respect to which the applicant is receiving, has received, or has filed an 84.25application for unemployment benefits under any federal law or the law of any other 84.26state. If the appropriate agency finally determines that the applicant is not entitled to the 84.27unemployment benefits, this clause does not apply. 84.28    Sec. 25. Minnesota Statutes 2008, section 268.085, subdivision 3a, is amended to read: 84.29    Subd. 3a. Workers' compensation and disability insurance offset. (a) An 84.30applicant is not eligible to receive unemployment benefits for any week in which the 84.31applicant is receiving or has received compensation for loss of wages equal to or in excess 84.32of the applicant's weekly unemployment benefit amount under: 84.33    (1) the workers' compensation law of this state; 84.34    (2) the workers' compensation law of any other state or similar federal law; or 85.1    (3) any insurance or trust fund paid in whole or in part by an employer. 85.2    (b) This subdivision does not apply to an applicant who has a claim pending for 85.3loss of wages under paragraph (a); however, before unemployment benefits may be paid 85.4when a claim is pending, the issue of the applicant being able to work new text begin available for new text end 85.5 new text begin suitable employment new text end , as required under subdivision 1, clause (2) new text begin (4) new text end , is determined under 85.6section 268.101, subdivision 3 new text begin 2 new text end . If the applicant later receives compensation as a result 85.7of the pending claim, the applicant is subject to the provisions of paragraph (a) and the 85.8unemployment benefits paid are subject to recoupment by the commissioner to the extent 85.9that the compensation constitutes overpaid unemployment benefits. 85.10    (c) If the amount of compensation described under paragraph (a) for any week is 85.11less than the applicant's weekly unemployment benefit amount, unemployment benefits 85.12requested for that week are reduced by the amount of that compensation payment. 85.13    Sec. 26. Minnesota Statutes 2008, section 268.085, subdivision 4, is amended to read: 85.14    Subd. 4. Social Security benefits. (a) Any applicant aged 62 or over is required 85.15to state when filing an application for unemployment benefits and when filing continued 85.16requests for unemployment benefits if the applicant is receiving, has filed for, or intends to 85.17file for, primary Social Security old age benefits for any week during the benefit year. 85.18    If the effective date of the applicant's Social Security claim for old age benefits is, 85.19or will be, after the start of the base period, there must be deducted from an applicant's 85.20weekly unemployment benefit amount new text begin Unless paragraph (b) applies, new text end 50 percent of the 85.21weekly equivalent of the primary Social Security old age benefit the applicant has 85.22received, has filed for, or intends to file for, with respect to that week new text begin must be deducted new text end 85.23 new text begin from an applicant's weekly unemployment benefit amount new text end . 85.24     new text begin (b) new text end If the effective date new text begin all new text end of the applicant's new text begin wage credits were earned while the new text end 85.25 new text begin applicant was claiming new text end Social Security claim for old age benefits is before the start of the 85.26base period, there is no deduction from the applicant's weekly unemployment benefit 85.27amount. new text begin The purpose of this paragraph is to ensure that an applicant who is claiming new text end 85.28 new text begin Social Security benefits has demonstrated a desire and ability to work. new text end 85.29    (b) new text begin (c) new text end An applicant who is receiving, has received, or has filed for primary Social 85.30Security disability benefits for any week during the benefit year must be determined 85.31unable to work and unavailable for suitable employment for that week, unless: 85.32    (1) the Social Security Administration approved the collecting of primary Social 85.33Security disability benefits each month the applicant was employed during the base 85.34period; or 86.1    (2) the applicant provides a statement from an appropriate health care professional 86.2who is aware of the applicant's Social Security disability claim and the basis for that claim, 86.3certifying that the applicant is able to work and available for suitable employment. 86.4    If an applicant meets the requirements of clause (1) there is no deduction from the 86.5applicant's weekly benefit amount for any Social Security disability benefits. If only 86.6clause (2) applies, then there must be deducted from the applicant's weekly unemployment 86.7benefit amount 50 percent of the weekly equivalent of the primary Social Security 86.8disability benefits the applicant is receiving, has received, or has filed for, with respect 86.9to that week; provided, however, that if the Social Security Administration determines 86.10that an individual is not entitled to receive primary Social Security disability benefits for 86.11any week the applicant has applied for those benefits, the 50 percent deduction does not 86.12apply to that week. 86.13    (c) new text begin (d) new text end Information from the Social Security Administration is considered conclusive, 86.14absent specific evidence showing that the information was erroneous. 86.15    (d) If the computation of the reduced unemployment benefits is not a whole dollar, it 86.16is rounded down to the next lower whole dollar. 86.17    (e) This subdivision does not apply to Social Security survivor benefits. 86.18    Sec. 27. Minnesota Statutes 2008, section 268.085, subdivision 5, is amended to read: 86.19    Subd. 5. Deductible earnings. (a) If the applicant has earnings, including holiday 86.20pay, with respect to any week, from employment, covered employment, noncovered 86.21employment, self-employment, or volunteer work, equal to or in excess of the applicant's 86.22weekly unemployment benefit amount, the applicant is ineligible for unemployment 86.23benefits for that week. 86.24    (b) If the applicant has earnings, with respect to any week, that is less than 86.25the applicant's weekly unemployment benefit amount, from employment, covered 86.26employment, noncovered employment, self-employment, or volunteer work, 55 percent of 86.27the earnings are deducted from the weekly unemployment benefit amount. 86.28    The resulting unemployment benefit, if not a whole dollar, is rounded down to the 86.29next lower whole dollar. 86.30    (c) No deduction is made from an applicant's weekly unemployment benefit amount 86.31for earnings from service in the National Guard or a United States military reserve unit or 86.32from direct service as a volunteer firefighter or volunteer ambulance service personnel. 86.33This exception to paragraphs (a) and (b) does not apply to on-call or standby pay provided 86.34to a volunteer firefighter or volunteer ambulance service personnel. No deduction is made 86.35for jury duty pay or for pay as an election judge. 87.1    (d) The applicant may report deductible earnings on continued requests for 87.2unemployment benefits at the next lower whole dollar amount. 87.3    (e) Deductible earnings does not include any money considered a deductible 87.4payment under subdivision 3, but includes all compensation considered wages under 87.5section 268.035, subdivision 29, and any other compensation considered earned income 87.6under state and federal law for income tax purposes. 87.7    Sec. 28. new text begin [268.0865] CONTINUED REQUEST FOR UNEMPLOYMENT new text end 87.8 new text begin BENEFITS. new text end 87.9     new text begin Subdivision 1. new text end new text begin Continued request for unemployment benefits defined. new text end new text begin A new text end 87.10 new text begin continued request for unemployment benefits is a certification by an applicant, done new text end 87.11 new text begin on a weekly basis, that the applicant is unemployed and meets the ongoing eligibility new text end 87.12 new text begin requirements for unemployment benefits under section new text end new text begin . A continued request new text end 87.13 new text begin must include information on possible issues of ineligibility in accordance with section new text end 87.14 new text begin 268.101, subdivision 1 new text end new text begin , paragraph (c). new text end 87.15     new text begin Subd. 2. new text end new text begin Filing continued requests for unemployment benefits. new text end new text begin (a) The new text end 87.16 new text begin commissioner must designate to each applicant one of the following methods for filing a new text end 87.17 new text begin continued request: new text end 87.18     new text begin (1) by electronic transmission under subdivision 3; or new text end 87.19     new text begin (2) by mail under subdivision 4. new text end 87.20     new text begin (b) The method designated by the commissioner is the only method allowed for new text end 87.21 new text begin filing a continued request by that applicant. An applicant may ask that the other allowed new text end 87.22 new text begin method be designated and the commissioner must consider inconvenience to the applicant new text end 87.23 new text begin as well as administrative capacity in determining whether to allow an applicant to change new text end 87.24 new text begin the designated method for filing a continued request for unemployment benefits. new text end 87.25     new text begin Subd. 3. new text end new text begin Continued request for unemployment benefits by electronic new text end 87.26 new text begin transmission. new text end new text begin (a) A continued request for unemployment benefits by electronic new text end 87.27 new text begin transmission must be filed to that electronic mail address, telephone number, or Internet new text end 87.28 new text begin address prescribed by the commissioner for that applicant. In order to constitute a new text end 87.29 new text begin continued request, all information asked for, including information authenticating that the new text end 87.30 new text begin applicant is sending the transmission, must be provided in the format required. If all of the new text end 87.31 new text begin information asked for is not provided, the communication does not constitute a continued new text end 87.32 new text begin request for unemployment benefits. new text end 87.33     new text begin (b) The electronic transmission communication must be filed on the date and during new text end 87.34 new text begin the time of day designated for the applicant for filing a continued request by electronic new text end 87.35 new text begin transmission. new text end 88.1     new text begin (c) If the electronic transmission continued request is not filed on the date and new text end 88.2 new text begin during the time of day designated, a continued request by electronic transmission must be new text end 88.3 new text begin accepted if the applicant files the continued request by electronic transmission within two new text end 88.4 new text begin calendar weeks following the week in which the date designated occurred. If the continued new text end 88.5 new text begin request by electronic transmission is not filed within two calendar weeks following the new text end 88.6 new text begin week in which the date designated occurred, the electronic continued request will not be new text end 88.7 new text begin accepted and the applicant is ineligible for unemployment benefits for the period covered new text end 88.8 new text begin by the continued request, unless the applicant shows good cause for failing to file the new text end 88.9 new text begin continued request by electronic transmission within the time period required. new text end 88.10     new text begin Subd. 4. new text end new text begin Continued request for unemployment benefits by mail. new text end new text begin (a) A new text end 88.11 new text begin continued request for unemployment benefits by mail must be on a form prescribed by new text end 88.12 new text begin the commissioner. The form, in order to constitute a continued request, must be totally new text end 88.13 new text begin completed and signed by the applicant. The form must be filed on the date required for new text end 88.14 new text begin the applicant for filing a continued request by mail, in an envelope with postage prepaid, new text end 88.15 new text begin and sent to the address designated. new text end 88.16     new text begin (b) If the mail continued request for unemployment benefits is not filed on the date new text end 88.17 new text begin designated, a continued request must be accepted if the form is filed by mail within two new text end 88.18 new text begin calendar weeks following the week in which the date designated occurred. If the form new text end 88.19 new text begin is not filed within two calendar weeks following the week in which the date designated new text end 88.20 new text begin occurred, the form will not be accepted and the applicant is ineligible for unemployment new text end 88.21 new text begin benefits for the period covered by the continued request for unemployment benefits, new text end 88.22 new text begin unless the applicant shows good cause for failing to file the form by mail within the time new text end 88.23 new text begin period required. new text end 88.24     new text begin (c) If the applicant has been designated to file a continued request for unemployment new text end 88.25 new text begin benefits by mail, an applicant may submit the form by facsimile transmission on the day new text end 88.26 new text begin otherwise required for mailing, or within two calendar weeks following the week in which new text end 88.27 new text begin the date designated occurred. A form submitted by facsimile transmission must be sent new text end 88.28 new text begin only to the telephone number assigned for that purpose. new text end 88.29     new text begin (d) An applicant who has been designated to file a continued request by mail may new text end 88.30 new text begin personally deliver a continued request form only to the location to which the form was new text end 88.31 new text begin otherwise designated to be mailed. new text end 88.32     new text begin Subd. 5. new text end new text begin Good cause defined. new text end new text begin (a) "Good cause" for purposes of this section is a new text end 88.33 new text begin compelling substantial reason that would have prevented a reasonable person acting with new text end 88.34 new text begin due diligence from filing a continued request for unemployment benefits within the time new text end 88.35 new text begin periods required. new text end 89.1     new text begin (b) "Good cause" does not include forgetfulness, loss of the continued request form new text end 89.2 new text begin if filing by mail, having returned to work, having an appeal pending, or inability to file a new text end 89.3 new text begin continued request for unemployment benefits by the method designated if the applicant new text end 89.4 new text begin was aware of the inability and did not make diligent effort to have the method of filing a new text end 89.5 new text begin continued request changed by the commissioner. "Good cause" does not include having new text end 89.6 new text begin previously made an attempt to file a continued request for unemployment benefits but new text end 89.7 new text begin where the communication was not considered a continued request because the applicant new text end 89.8 new text begin failed to submit all required information. new text end 89.9    Sec. 29. Minnesota Statutes 2008, section 268.095, subdivision 10, is amended to read: 89.10    Subd. 10. Ineligibility duration. (a) Ineligibility from the payment of all 89.11unemployment benefits under subdivisions 1 and 4 is for the duration of the applicant's 89.12unemployment and until the end of the calendar week that the applicant had total earnings 89.13in subsequent covered employment of eight times the applicant's weekly unemployment 89.14benefit amount. 89.15    (b) Ineligibility imposed under subdivisions 1 and 4 begins on the Sunday of the 89.16week that the applicant became separated from employment. 89.17    (c) In addition to paragraph (a), if the applicant was discharged from employment 89.18because of aggravated employment misconduct, wage credits from that employment are 89.19canceled new text begin and cannot be used for purposes of a benefit account under section 268.07, new text end 89.20 new text begin subdivision 2 new text end . 89.21    Sec. 30. Minnesota Statutes 2008, section 268.095, subdivision 11, is amended to read: 89.22    Subd. 11. Application. (a) new text begin This section and new text end section 268.085, subdivision 13c, 89.23and this section apply to all covered employment, full time or part time, temporary or of 89.24limited duration, permanent or of indefinite duration, that occurred in Minnesota during 89.25the base period, the period between the end of the base period and the effective date of the 89.26benefit account, or the benefit year, except as provided for in subdivision 1, clause (5). 89.27    (b) Paragraph (a) also applies to employment covered under an unemployment 89.28insurance program of any other state or established by an act of Congress. 89.29    Sec. 31. Minnesota Statutes 2008, section 268.101, subdivision 1, is amended to read: 89.30    Subdivision 1. Notification. (a) In an application for unemployment benefits, each 89.31applicant must report the name and the reason for no longer working for the applicant's 89.32most recent employer, as well as the names of all employers and the reasons for no 89.33longer working for all employers during the six calendar months before the date of the 90.1application. If the reason reported for no longer working for any of those employers is 90.2other than a layoff because of lack of work, that raises an issue of ineligibility that the 90.3department must determine. An applicant must report any offers of employment refused 90.4during the eight calendar weeks before the date of the application for unemployment 90.5benefits and the name of the employer that made the offer. An applicant's failure to report 90.6the name of an employer, or giving an incorrect reason for no longer working for an 90.7employer, or failing to disclose an offer of employment that was refused, is a violation of 90.8section 268.182, subdivision 2. 90.9    In an application, the applicant must also provide all information necessary to 90.10determine the applicant's eligibility for unemployment benefits under this chapter. If the 90.11applicant fails or refuses to provide information necessary to determine the applicant's 90.12eligibility for unemployment benefits, the applicant is ineligible for unemployment 90.13benefits under section 268.085, subdivision 2, until the applicant provides this required 90.14information. 90.15    (b) Upon establishment of a benefit account under section 268.07, subdivision 2, 90.16the commissioner shall notify, by mail or electronic transmission, all employers the 90.17applicant was required to report on the application and all base period employers and 90.18determined successors to those employers under section 268.051, subdivision 4, in order 90.19to provide the employer an opportunity to raise, in a manner and format prescribed by the 90.20commissioner, any issue of ineligibility. An employer must be informed of the effect that 90.21failure to raise an issue of ineligibility as a result of a quit or discharge of the applicant, 90.22within ten calendar days after sending of the notice, as provided for under subdivision 2, 90.23paragraph (b), may have on the employer under section 268.047. 90.24    (c) Each applicant must report any employment, and loss of employment, and offers 90.25of employment refused, during those weeks the applicant filed continued requests for 90.26unemployment benefits under section new text begin 268.0865 new text end . Each applicant who stops filing 90.27continued requests during the benefit year and later begins filing continued requests during 90.28that same benefit year must report the name of any employer the applicant worked for 90.29during the period between the filing of continued requests and the reason the applicant 90.30stopped working for the employer. The applicant must report any offers of employment 90.31refused during the period between the filing of continued requests for unemployment 90.32benefits. Those employers from which the applicant has reported a loss of employment 90.33under this paragraph must be notified by mail or electronic transmission and provided an 90.34opportunity to raise, in a manner prescribed by the commissioner, any issue of ineligibility. 90.35An employer must be informed of the effect that failure to raise an issue of ineligibility as 91.1a result of a quit or a discharge of the applicant may have on the employer under section 91.2268.047 . 91.3    (d) The purpose for requiring the applicant to report the name of employers and the 91.4reason for no longer working for those employers, or offers of employment refused, under 91.5paragraphs (a) and (c) is for the commissioner to obtain information from an applicant 91.6raising all issues that may result in the applicant being ineligible for unemployment 91.7benefits under section 268.095, because of a quit or discharge, or the applicant being 91.8ineligible for unemployment benefits under section 268.085, subdivision 13c. If the 91.9reason given by the applicant for no longer working for an employer is other than a layoff 91.10because of lack of work, that raises an issue of ineligibility and the applicant is required, 91.11as part of the determination process under subdivision 2, paragraph (a), to state all the 91.12facts about the cause for no longer working for the employer, if known. If the applicant 91.13fails or refuses to provide any required information, the applicant is ineligible for 91.14unemployment benefits under section 268.085, subdivision 2, until the applicant provides 91.15this required information. 91.16    Sec. 32. Minnesota Statutes 2008, section 268.101, subdivision 2, is amended to read: 91.17    Subd. 2. Determination. (a) The commissioner shall new text begin must new text end determine any issue 91.18of ineligibility raised by information required from an applicant under subdivision 1, 91.19paragraph (a) or (c), and send to the applicant and any involved employer, by mail or 91.20electronic transmission, a new text begin document titled a new text end determination of eligibility or a determination 91.21of ineligibility, as is appropriate. The determination on an issue of ineligibility as a result 91.22of a quit or a discharge of the applicant must state the effect on the employer under section 91.23268.047 . A determination must be made in accordance with this paragraph even if a 91.24notified employer has not raised the issue of ineligibility. 91.25    (b) The commissioner shall new text begin must new text end determine any issue of ineligibility raised by an 91.26employer and send to the applicant and that employer, by mail or electronic transmission, 91.27a new text begin document titled a new text end determination of eligibility or a determination of ineligibility as is 91.28appropriate. The determination on an issue of ineligibility as a result of a quit or discharge 91.29of the applicant must state the effect on the employer under section 268.047. 91.30    If a base period employer: 91.31    (1) was not the applicant's most recent employer before the application for 91.32unemployment benefits; 91.33    (2) did not employ the applicant during the six calendar months before the 91.34application for unemployment benefits; and 92.1    (3) did not raise an issue of ineligibility as a result of a quit or discharge of the 92.2applicant within ten calendar days of notification under subdivision 1, paragraph (b); 92.3then any exception under section 268.047, subdivisions 2 and 3, begins the Sunday two 92.4weeks following the week that the issue of ineligibility as a result of a quit or discharge of 92.5the applicant was raised by the employer. 92.6    A communication from an employer must specifically set out why the applicant 92.7should be determined ineligible for unemployment benefits for that communication to be 92.8considered to have raised an issue of ineligibility for purposes of this section. A statement 92.9of "protest" or a similar term without more information does not constitute raising an issue 92.10of ineligibility for purposes of this section. 92.11    (c) new text begin Subject to section 268.031, new text end an issue of ineligibility is determined based upon 92.12that information required of an applicant, any information that may be obtained from an 92.13applicant or employer, and information from any other source, without regard to any 92.14burden of proof. 92.15    (d) Regardless of the requirements of this subdivision, the commissioner is not 92.16required to send to an applicant a copy of the determination where the applicant has 92.17satisfied a period of ineligibility because of a quit or a discharge under section 268.095, 92.18subdivision 10 . 92.19    (e) The commissioner may issue a determination on an issue of ineligibility at any 92.20time within 24 months from the establishment of a benefit account based upon information 92.21from any source, even if the issue of ineligibility was not raised by the applicant or an 92.22employer. This paragraph does not prevent the imposition of a penalty new text begin on an applicant new text end 92.23under section 268.18, subdivision 2, or 268.182. 92.24    (f) A determination of eligibility or determination of ineligibility is final unless an 92.25appeal is filed by the applicant or notified employer within 20 calendar days after sending. 92.26The determination must contain a prominent statement indicating the consequences of not 92.27appealing. Proceedings on the appeal are conducted in accordance with section 268.105. 92.28    (g) An issue of ineligibility required to be determined under this section includes 92.29any question regarding the denial or allowing of unemployment benefits under this chapter 92.30except for issues under section 268.07. An issue of ineligibility for purposes of this section 92.31includes any question of effect on an employer under section 268.047. 92.32    (h) Except for issues of ineligibility as a result of a quit or discharge of the applicant, 92.33the employer will be (1) sent a copy of the determination of eligibility or a determination 92.34of ineligibility, or (2) considered an involved employer for purposes of an appeal under 92.35section 268.105, only if the employer raised the issue of ineligibility. 93.1    Sec. 33. Minnesota Statutes 2008, section 268.103, subdivision 1, is amended to read: 93.2    Subdivision 1. In commissioner's discretion. new text begin (a) new text end The commissioner shall have 93.3the discretion to new text begin may new text end allow an appeal to be filed by electronic transmission. If the 93.4commissioner allows an appeal to be filed by electronic transmission, that must be clearly 93.5set out on the determination or decision subject to appeal. 93.6     new text begin (b) new text end The commissioner may restrict the manner, new text begin and new text end format, and conditions under 93.7which an appeal by electronic transmission may be filed. Any Restrictions as to days, 93.8hours, new text begin a specific new text end telephone number, new text begin or new text end electronic address, or other conditions, must be 93.9clearly set out on the determination or decision subject to appeal. 93.10     new text begin (c) new text end All information requested by the commissioner when an appeal is filed by 93.11electronic transmission must be supplied or the communication does not constitute an 93.12appeal. 93.13 new text begin (d) Subject to subdivision 2, this section applies to requests for reconsideration new text end 93.14 new text begin under section 268.105, subdivision 2. new text end 93.15    Sec. 34. Minnesota Statutes 2008, section 268.105, subdivision 1, is amended to read: 93.16    Subdivision 1. Evidentiary hearing by unemployment law judge. (a) Upon 93.17a timely appeal having been filed, the department must send, by mail or electronic 93.18transmission, a notice of appeal to all involved parties that an appeal has been filed, new text begin and new text end 93.19that a de novo due process evidentiary hearing will be scheduled, and that the parties 93.20have certain new text begin . The notice must set out the parties' new text end rights and responsibilities regarding the 93.21hearing. new text begin The notice must explain that the facts will be determined by the unemployment new text end 93.22 new text begin law judge based upon a preponderance of the evidence. The notice must explain in clear new text end 93.23 new text begin and simple language the meaning of the term "preponderance of the evidence." new text end The 93.24department must set a time and place for a de novo due process evidentiary hearing and 93.25send notice to any involved applicant and any involved employer, by mail or electronic 93.26transmission, not less than ten calendar days before the date of the hearing. 93.27    (b) The evidentiary hearing is conducted by an unemployment law judge without 93.28regard to any burden of proof as an evidence gathering inquiry and not an adversarial 93.29proceeding. new text begin At the beginning of the hearing the unemployment law judge must fully new text end 93.30 new text begin explain how the hearing will be conducted, that the applicant has the right to request new text end 93.31 new text begin that the hearing be rescheduled so that documents or witnesses can be subpoenaed, new text end 93.32 new text begin that the facts will be determined based on a preponderance of the evidence, and, in new text end 93.33 new text begin clear and simple language, the meaning of the term "preponderance of the evidence." new text end 93.34The unemployment law judge must ensure that all relevant facts are clearly and fully 93.35developed. The department may adopt rules on evidentiary hearings. The rules need 94.1not conform to common law or statutory rules of evidence and other technical rules of 94.2procedure. The department has discretion regarding the method by which the evidentiary 94.3hearing is conducted. A report of any employee of the department, except a determination, 94.4made in the regular course of the employee's duties, is competent evidence of the facts 94.5contained in it. new text begin An affidavit or written statement based on personal knowledge and signed new text end 94.6 new text begin under penalty of perjury is competent evidence of the facts contained in it; however, the new text end 94.7 new text begin veracity of statements contained within the document or the credibility of the witness new text end 94.8 new text begin making the statement may be disputed with other documents or testimony and production new text end 94.9 new text begin of such documents or testimony may be compelled by subpoena. new text end 94.10    (c) After the conclusion of the hearing, upon the evidence obtained, the 94.11unemployment law judge must make findings of fact and decision and send those, by mail 94.12or electronic transmission, to all involved parties. When the credibility of an involved 94.13party or witness testifying in an evidentiary hearing has a significant effect on the outcome 94.14of a decision, the unemployment law judge must set out the reason for crediting or 94.15discrediting that testimony. The unemployment law judge's decision is final unless a 94.16request for reconsideration is filed under subdivision 2. 94.17    (d) Regardless of paragraph (c), if the appealing party fails to participate in the 94.18evidentiary hearing, the unemployment law judge has the discretion to dismiss the appeal 94.19by summary order. By failing to participate, the appealing party is considered to have 94.20failed to exhaust available administrative remedies unless the appealing party files a 94.21request for reconsideration under subdivision 2 and establishes good cause for failing to 94.22participate in the evidentiary hearing under subdivision 2, paragraph (d). Submission 94.23of a written statement does not constitute participation. The applicant must participate 94.24personally and appearance solely by a representative does not constitute participation. 94.25    (e) Only employees of the department who are attorneys licensed to practice law 94.26in Minnesota may serve as new text begin the chief unemployment law judge, senior unemployment new text end 94.27 new text begin law judges who are supervisors, or new text end unemployment law judges. The commissioner 94.28 new text begin must designate a chief unemployment law judge. The chief unemployment law judge new text end 94.29may transfer to another unemployment law judge any proceedings pending before an 94.30unemployment law judge. 94.31 new text begin (f) A full-time unemployment law judge hired after July 1, 2009, must be paid a new text end 94.32 new text begin salary of 75 percent of the salary set under section 15A.083, subdivision 7, for a workers' new text end 94.33 new text begin compensation judge. A full-time senior unemployment law judge hired after July 1, 2009, new text end 94.34 new text begin must be paid a salary of 80 percent of the salary set under section 15A.083, subdivision 7, new text end 94.35 new text begin for a workers' compensation judge. The chief unemployment law judge must be paid a new text end 95.1 new text begin salary of 85 percent of the salary set under section 15A.083, subdivision 7, for a workers' new text end 95.2 new text begin compensation judge. new text end 95.3    Sec. 35. Minnesota Statutes 2008, section 268.105, subdivision 2, is amended to read: 95.4    Subd. 2. Request for reconsideration. (a) Any involved applicant, involved 95.5employer, or the commissioner may, within 20 calendar days of the sending of the 95.6unemployment law judge's decision under subdivision 1, file a request for reconsideration 95.7asking the unemployment law judge to reconsider that decision. Section 268.103 applies 95.8to a request for reconsideration. If a request for reconsideration is timely filed, the 95.9unemployment law judge must issue an order: 95.10    (1) modifying the findings of fact and decision issued under subdivision 1; 95.11    (2) setting aside the findings of fact and decision issued under subdivision 1 and 95.12directing that an additional evidentiary hearing be conducted under subdivision 1; or 95.13    (3) affirming the findings of fact and decision issued under subdivision 1. 95.14    (b) Upon a timely request for reconsideration having been filed, the department must 95.15send a notice, by mail or electronic transmission, to all involved parties that a request for 95.16reconsideration has been filed. The notice must inform the involved parties: 95.17    (1) of the opportunity to provide comment on the request for reconsideration, and 95.18the right under subdivision 5 to obtain a copy of any recorded testimony and exhibits 95.19offered or received into evidence at the evidentiary hearing; 95.20    (2) that providing specific comments as to a perceived factual or legal error in the 95.21decision, or a perceived error in procedure during the evidentiary hearing, will assist the 95.22unemployment law judge in deciding the request for reconsideration; 95.23    (3) of the right to obtain any comments and submissions provided by the other 95.24involved party regarding the request for reconsideration; and 95.25    (4) of the provisions of paragraph (c) regarding additional evidence. 95.26This paragraph does not apply if paragraph (d) is applicable. 95.27    (c) In deciding a request for reconsideration, the unemployment law judge must not, 95.28except for purposes of determining whether to order an additional evidentiary hearing, 95.29consider any evidence that was not submitted at the evidentiary hearing conducted under 95.30subdivision 1. 95.31    The unemployment law judge must order an additional evidentiary hearing if an 95.32involved party shows that evidence which was not submitted at the evidentiary hearing: 95.33(1) would likely change the outcome of the decision and there was good cause for not 95.34having previously submitted that evidence; or (2) would show that the evidence that was 96.1submitted at the evidentiary hearing was likely false and that the likely false evidence had 96.2an effect on the outcome of the decision. 96.3    (d) If the involved applicant or involved employer who filed the request for 96.4reconsideration failed to participate in the evidentiary hearing conducted under subdivision 96.51, an order setting aside the findings of fact and decision and directing that an additional 96.6evidentiary hearing be conducted must be issued if the party who failed to participate had 96.7good cause for failing to do so. In the notice that a request for reconsideration has been 96.8filed, the party who failed to participate must be informed of the requirement, and provided 96.9the opportunity, to show good cause for failing to participate. If the unemployment 96.10law judge determines that good cause for failure to participate has not been shown, the 96.11unemployment law judge must state that in the order issued under paragraph (a). 96.12    Submission of a written statement at the evidentiary hearing under subdivision 1 96.13does not constitute participation for purposes of this paragraph. 96.14    All involved parties must be informed of this paragraph with the notice of appeal 96.15and notice of hearing provided for in subdivision 1. 96.16    "Good cause" for purposes of this paragraph is a reason that would have prevented a 96.17reasonable person acting with due diligence from participating at the evidentiary hearing. 96.18    (e) A request for reconsideration must be decided by the unemployment law judge 96.19who issued the findings of fact and decision under subdivision 1 unless that unemployment 96.20law judge: (1) is no longer employed by the department; (2) is on an extended or indefinite 96.21leave; (3) has been disqualified from the proceedings on the judge's own motion; or (4) 96.22has been removed from the proceedings as provided for under subdivision 1 or applicable 96.23rule new text begin by the chief unemployment law judge new text end . 96.24    (f) The unemployment law judge must send to any involved applicant or involved 96.25employer, by mail or electronic transmission, the order issued under this subdivision. An 96.26order modifying the previously issued findings of fact and decision or an order affirming 96.27the previously issued findings of fact and decision is the final department decision on the 96.28matter and is final and binding on the involved applicant and involved employer unless 96.29judicial review is sought under subdivision 7. 96.30    Sec. 36. Minnesota Statutes 2008, section 268.105, subdivision 3a, is amended to read: 96.31    Subd. 3a. Decisions. (a) If an unemployment law judge's decision or order 96.32allows unemployment benefits to an applicant, the unemployment benefits must be paid 96.33regardless of any request for reconsideration or any appeal to the Minnesota Court of 96.34Appeals having been filed. 97.1    (b) If an unemployment law judge's decision or order modifies or reverses a 97.2determination, or prior decision of the unemployment law judge, allowing unemployment 97.3benefits to an applicant, any benefits paid in accordance with the determination, or 97.4prior decision of the unemployment law judge, is considered an overpayment of those 97.5unemployment benefits. A decision or order issued under this section that results in an 97.6overpayment of unemployment benefits must set out the amount of the overpayment and 97.7the requirement under section 268.18, subdivision 1, that the overpaid unemployment 97.8benefits must be repaid. 97.9    (c) If an unemployment law judge's order under subdivision 2 allows unemployment 97.10benefits to an applicant under section 268.095 because of a quit or discharge and the 97.11unemployment law judge's decision is reversed by the Minnesota Court of Appeals or 97.12the Supreme Court of Minnesota, new text begin the applicant cannot be held ineligible for new text end any new text begin of new text end 97.13 new text begin the new text end unemployment benefits paid the applicant new text begin and it new text end is not considered an overpayment 97.14of those unemployment benefits under section 268.18, subdivision 1. new text begin The effect of the new text end 97.15 new text begin court's reversal is the application of section 268.047, subdivision 3, in computing the new text end 97.16 new text begin future tax rate of the employer. new text end 97.17    (d) If an unemployment law judge, under subdivision 2, orders the taking of 97.18additional evidence, the unemployment law judge's prior decision must continue to be 97.19enforced until new findings of fact and decision are made by the unemployment law judge. 97.20    Sec. 37. Minnesota Statutes 2008, section 268.105, subdivision 4, is amended to read: 97.21    Subd. 4. Oaths; subpoenas. An unemployment law judge has authority to 97.22administer oaths and affirmations, take depositions, and issue subpoenas to compel the 97.23attendance of witnesses and the production of documents and other personal property 97.24considered necessary as evidence in connection with the subject matter of an evidentiary 97.25hearing. 97.26 new text begin The unemployment law judge must give full consideration to a request for a new text end 97.27 new text begin subpoena and must not unreasonably deny a request for a subpoena. If a subpoena request new text end 97.28 new text begin is initially denied, the unemployment law judge must, on the unemployment law judge's new text end 97.29 new text begin own motion, reconsider that request during the evidentiary hearing and rule on whether new text end 97.30 new text begin the request was properly denied. If the request was not properly denied, the evidentiary new text end 97.31 new text begin hearing must be continued for issuance of the subpoena. new text end The subpoenas are enforceable 97.32through the district court in Ramsey County. Witnesses subpoenaed, other than an involved 97.33applicant or involved employer or officers and employees of an involved employer, must 97.34be paid by the department the same witness fees as in a civil action in district court. 98.1    Sec. 38. Minnesota Statutes 2008, section 268.105, subdivision 5, is amended to read: 98.2    Subd. 5. Use of evidence; data privacy. (a) All testimony at any evidentiary 98.3hearing conducted under subdivision 1 must be recorded. A copy of any recorded 98.4testimony and exhibits offered or received into evidence at the hearing must, upon 98.5request, be furnished to a party at no cost during the time period for filing a request for 98.6reconsideration or while a request for reconsideration is pending. 98.7    (b) Regardless of any provision of law to the contrary, if recorded testimony and 98.8exhibits received into evidence at the evidentiary hearing are not requested during the time 98.9period for filing a request for reconsideration, or while a request for reconsideration is 98.10pending, new text begin during the time for filing any appeal under subdivision 7, or during the pendency new text end 98.11 new text begin thereof, new text end that testimony and other evidence may later be made available only under a 98.12district court order. A subpoena is not considered a district court order. 98.13    (c) Testimony obtained under subdivision 1, may not be used or considered for any 98.14purpose, including impeachment, in any civil, administrative, or contractual proceeding, 98.15except by a local, state, or federal human rights agency with enforcement powers, unless 98.16the proceeding is initiated by the department. 98.17    Sec. 39. Minnesota Statutes 2008, section 268.115, subdivision 5, is amended to read: 98.18    Subd. 5. Maximum amount of extended unemployment benefits. The maximum 98.19amount of extended unemployment benefits available to an applicant is 50 percent of the 98.20maximum amount of regular unemployment benefits available in the benefit year, rounded 98.21down to the next lower whole dollar. If the total rate of unemployment computed under 98.22subdivision 1, clause (2)(ii), equaled or exceeded eight percent, the maximum amount 98.23of extended unemployment benefits available is 80 percent of the maximum amount of 98.24regular unemployment benefits available in the benefit year. 98.25    Sec. 40. Minnesota Statutes 2008, section 268.125, subdivision 5, is amended to read: 98.26    Subd. 5. Maximum amount of unemployment benefits. The maximum amount 98.27of additional unemployment benefits available in the applicant's benefit year is one-half 98.28of the applicant's maximum amount of regular unemployment benefits available under 98.29section 268.07, subdivision 2, rounded down to the next lower whole dollar. Extended 98.30unemployment benefits paid and unemployment benefits paid under any federal law other 98.31than regular unemployment benefits must be deducted from the maximum amount of 98.32additional unemployment benefits available. 98.33    Sec. 41. Minnesota Statutes 2008, section 268.135, subdivision 4, is amended to read: 99.1    Subd. 4. Weekly benefit amount. (a) An applicant who is eligible for shared work 99.2benefits is paid an amount equal to the regular weekly unemployment benefit amount 99.3multiplied by the nearest full percentage of reduction of the applicant's regular weekly 99.4hours of work as set in the plan. The benefit payment, if not a whole dollar must be 99.5rounded down to the next lower whole dollar. 99.6    (b) The deductible earnings provisions of section 268.085, subdivision 5, must not 99.7apply to earnings from the shared work employer of an applicant eligible for shared work 99.8benefits unless the resulting amount would be less than the regular weekly unemployment 99.9benefit amount the applicant would otherwise be eligible for without regard to shared 99.10work benefits. 99.11    (c) An applicant is not eligible for shared work benefits for any week that 99.12employment is performed for the shared work employer in excess of the reduced hours 99.13set forth in the plan. 99.14    Sec. 42. Minnesota Statutes 2008, section 268.145, subdivision 1, is amended to read: 99.15    Subdivision 1. Notification. (a) Upon filing an application for unemployment 99.16benefits, the applicant must be informed that: 99.17    (1) unemployment benefits are subject to federal and state income tax; 99.18    (2) there are requirements for filing estimated tax payments; 99.19    (3) the applicant may elect to have federal income tax withheld from unemployment 99.20benefits; 99.21    (4) if the applicant elects to have federal income tax withheld, the applicant may, in 99.22addition, elect to have Minnesota state income tax withheld; and 99.23    (5) at any time during the benefit year the applicant may change a prior election. 99.24    (b) If an applicant elects to have federal income tax withheld, the commissioner 99.25shall new text begin must new text end deduct ten percent for federal income tax, rounded down to the next lower 99.26whole dollar. If an applicant also elects to have Minnesota state income tax withheld, the 99.27commissioner shall new text begin must new text end make an additional five percent deduction for state income 99.28tax, rounded down to the next lower whole dollar. Any amounts deducted or offset under 99.29sections 268.155, 268.18, and 268.184 have priority over any amounts deducted under this 99.30section. Federal income tax withholding has priority over state income tax withholding. 99.31    (c) An election to have income tax withheld may not be retroactive and only applies 99.32to unemployment benefits paid after the election. 99.33    Sec. 43. Minnesota Statutes 2008, section 268.18, subdivision 1, is amended to read: 100.1    Subdivision 1. Nonfraud overpayment. (a) Any applicant who (1) because of a 100.2determination or amended determination issued under section 268.07 or 268.101, or any 100.3other section of this chapter, or (2) because of an appeal decision or order under section 100.4268.105 , has received any unemployment benefits that the applicant was held not entitled 100.5to, must promptly repay the unemployment benefits to the trust fund. 100.6    (b) If the applicant fails to repay the unemployment benefits overpaid, the 100.7commissioner may offset from any future unemployment benefits otherwise payable the 100.8amount of the overpayment. Except when the overpayment resulted because the applicant 100.9failed to report deductible earnings or deductible or benefit delaying payments, no single 100.10offset may exceed 50 percent of the amount of the payment from which the offset is made. 100.11The overpayment may also be collected by the same methods as delinquent payments 100.12from an employer new text begin allowed under state and federal law new text end . 100.13    (c) If an applicant has been overpaid unemployment benefits under the law of 100.14another state, because of a reason other than fraud, and that state certifies that the applicant 100.15is liable under its law to repay the unemployment benefits and requests the commissioner 100.16to recover the overpayment, the commissioner may offset from future unemployment 100.17benefits otherwise payable the amount of overpayment, except that no single offset may 100.18exceed 50 percent of the amount of the payment from which the offset is made. 100.19    (d) If under paragraph (b) or (c) the reduced unemployment benefits as a result of 100.20a 50 percent offset is not a whole dollar amount, it is rounded down to the next lower 100.21whole dollar. 100.22    Sec. 44. Minnesota Statutes 2008, section 268.18, subdivision 2, is amended to read: 100.23    Subd. 2. Overpayment because of fraud. (a) Any applicant who receives 100.24unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose 100.25any material fact, or who makes a false statement or representation without a good faith 100.26belief as to the correctness of the statement or representation, has committed fraud. After 100.27the discovery of facts indicating fraud, the commissioner shall new text begin must new text end make a determination 100.28that the applicant obtained unemployment benefits by fraud and that the applicant must 100.29promptly repay the unemployment benefits to the trust fund. In addition, the commissioner 100.30shall new text begin must new text end assess a penalty equal to 40 percent of the amount fraudulently obtained. This 100.31penalty is in addition to penalties under section 268.182. 100.32    (b) Unless the applicant files an appeal within 20 calendar days after the sending 100.33of the determination of overpayment by fraud to the applicant by mail or electronic 100.34transmission, the determination is final. Proceedings on the appeal are conducted in 100.35accordance with section 268.105. 101.1    (c) If the applicant fails to repay the unemployment benefits, penalty, and interest 101.2assessed, the total due may be collected by the same methods as delinquent payments 101.3from an employer new text begin allowed under state and federal law new text end . A determination of overpayment 101.4by fraud must state the methods of collection the commissioner may use to recover the 101.5overpayment. Money received in repayment of fraudulently obtained unemployment 101.6benefits, penalties, and interest is first applied to the unemployment benefits overpaid, then 101.7to the penalty amount due, then to any interest due. 62.5 percent of the payments made 101.8toward the penalty are credited to the contingent account and 37.5 percent credited to the 101.9administration account for deterring, detecting, or collecting overpayments. 101.10    (d) If an applicant has been overpaid unemployment benefits under the law of 101.11another state because of fraud and that state certifies that the applicant is liable to repay 101.12the unemployment benefits and requests the commissioner to recover the overpayment, 101.13the commissioner may offset from future unemployment benefits otherwise payable the 101.14amount of overpayment. 101.15    (e) Unemployment benefits paid for weeks more than four years before the date of a 101.16determination of overpayment by fraud issued under this subdivision are not considered 101.17overpaid unemployment benefits. 101.18    Sec. 45. Minnesota Statutes 2008, section 268.196, subdivision 1, is amended to read: 101.19    Subdivision 1. Administration account. (a) There is created in the state treasury a 101.20special account to be known as the administration account. All money that is deposited 101.21or paid into this account is continuously available to the commissioner for expenditure to 101.22administer the Minnesota unemployment insurance program, and does not lapse at any 101.23time. The administration account consists of: 101.24    (1) all money received from the federal government to administer the Minnesota 101.25unemployment insurance program new text begin , any federal unemployment insurance program, or new text end 101.26 new text begin assistance provided to any other state to administer that state's unemployment insurance new text end 101.27 new text begin program new text end ; 101.28    (2) five percent of any money recovered on overpaid unemployment benefits as 101.29provided for in section 268.194, subdivision 1, clause (7), which must be used for 101.30deterring, detecting, and collecting overpaid unemployment benefits; 101.31    (3) any money received as compensation for services or facilities supplied to the 101.32federal government or any other state; 101.33    (4) new text begin any money credited to this account under this chapter; new text end 101.34 new text begin (5) new text end any amounts received for losses sustained by this account or by reason of 101.35damage to equipment or supplies; and 102.1    (5) new text begin (6) new text end any proceeds from the sale or disposition of any equipment or supplies that 102.2may no longer be necessary for the proper administration of those sections. 102.3    (b) All money in this account must be deposited, administered, and disbursed in the 102.4same manner and under the same conditions and requirements as are provided by law for 102.5the other special accounts in the state treasury. The commissioner of finance, as treasurer 102.6and custodian of this account, is liable for the faithful performance of duties in connection 102.7with this account. 102.8    (c) All money in this account must be spent for the purposes and in the amounts 102.9found necessary by the United States Secretary of Labor for the proper and efficient 102.10administration of the Minnesota unemployment insurance program. 102.11    Sec. 46. Minnesota Statutes 2008, section 268.196, subdivision 2, is amended to read: 102.12    Subd. 2. State to replace money wrongfully used. If any money received under 102.13United States Code, title 42, section 501 of the Social Security Act or the Wagner-Peyser 102.14Act, is found by the United States Secretary of Labor to have been spent for purposes 102.15other than, or in amounts in excess of, those necessary for the proper administration of the 102.16Minnesota unemployment insurance program, the commissioner may replace the money 102.17from the contingent account. If the money is not replaced from the contingent account, 102.18it is the policy of this state that the money be replaced by money appropriated for that 102.19purpose from the general funds of this state. If not replaced from the contingent account, 102.20the commissioner shall new text begin must new text end , at the earliest opportunity, submit to the legislature a request 102.21for the appropriation of that amount. 102.22    Sec. 47. Minnesota Statutes 2008, section 268.199, is amended to read: 102.23268.199 CONTINGENT ACCOUNT. 102.24    (a) There is created in the state treasury a special account, to be known as the 102.25contingent account, that does not lapse nor revert to any other fund or account. This 102.26account consists of all money appropriated by the legislature, all money collected under 102.27this chapter that is required to be placed in this account, and any interest earned on the 102.28account. All money in this account is supplemental to all federal money available to the 102.29commissioner. Money in this account is appropriated to the commissioner and is available 102.30to the commissioner for administration of the Minnesota unemployment insurance 102.31program new text begin unless otherwise appropriated by session law new text end . 102.32    (b) All money in this account must be deposited, administered, and disbursed in the 102.33same manner and under the same conditions and requirements as is provided by law for 103.1the other special accounts in the state treasury. On June 30 of each year, all amounts in 103.2excess of $300,000 in this account must be paid over to the trust fund. 103.3    Sec. 48. Minnesota Statutes 2008, section 268.211, is amended to read: 103.4268.211 UNEMPLOYMENT INSURANCE BENEFITS TELEPHONE 103.5SYSTEM. 103.6The commissioner must ensure that the new text begin any automated new text end telephone system used 103.7for unemployment insurance benefits provides an option for any caller to speak to an 103.8unemployment insurance specialist. An individual who calls any of the publicized 103.9telephone numbers seeking information about applying for new text begin unemployment new text end benefits or on 103.10the status of a claim new text begin benefit account new text end must have the option to speak on the telephone to a 103.11specialist who can provide direct assistance or can direct the caller to the person new text begin individual new text end 103.12or office that is able to respond to the caller's needs. 103.13    Sec. 49. new text begin REVISOR'S INSTRUCTION. new text end 103.14 new text begin In Minnesota Statutes, chapter 268, the revisor shall change "shall" to "must," except new text end 103.15 new text begin in Minnesota Statutes, sections 268.035 and 268.103. new text end 103.16    Sec. 50. new text begin REPEALER. new text end 103.17 new text begin Minnesota Statutes 2008, sections 268.085, subdivision 14; and 268.086, new text end 103.18 new text begin subdivisions 1, 2, 3, 5, 6, 7, 8, and 9, new text end new text begin are repealed. new text end 103.19    Sec. 51. new text begin EFFECTIVE DATE. new text end 103.20 new text begin Sections 1 to 49 are effective August 2, 2009, and apply to all department new text end 103.21 new text begin determinations and unemployment law judge decisions issued on or after that date. new text end 103.22ARTICLE 5 103.23LABOR STANDARDS AND WAGES 103.24    Section 1. Minnesota Statutes 2008, section 177.30, is amended to read: 103.25177.30 KEEPING RECORDS; PENALTY. 103.26    (a) Every employer subject to sections 177.21 to 177.44 must make and keep a 103.27record of: 103.28    (1) the name, address, and occupation of each employee; 103.29    (2) the rate of pay, and the amount paid each pay period to each employee; 103.30    (3) the hours worked each day and each workweek by the employee; 104.1    (4) for each employer subject to sections 177.41 to 177.44, and while performing 104.2work on public works projects funded in whole or in part with state funds, the new text begin employer new text end 104.3 new text begin shall furnish under oath signed by an owner or officer of an employer to the contracting new text end 104.4 new text begin authority and the project owner every two weeks, a certified payroll report with respect new text end 104.5 new text begin to the wages and benefits paid each employee during the preceding weeks specifying for new text end 104.6 new text begin each employee: name; identifying number; new text end prevailing wage master job classification 104.7of each employee working on the project for each hour new text begin ; hours new text end worked new text begin each day; total new text end 104.8 new text begin hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net new text end 104.9 new text begin pay for week; dollars contributed per hour for each benefit, including name and address new text end 104.10 new text begin of administrator; benefit account number; and telephone number for health and welfare, new text end 104.11 new text begin vacation or holiday, apprenticeship training, pension, and other benefit programs new text end ; and 104.12    (5) other information the commissioner finds necessary and appropriate to enforce 104.13sections 177.21 to new text begin 177.435 new text end . The records must be kept for three years in or near the 104.14premises where an employee works except each employer subject to sections 177.41 to 104.15177.44 , and while performing work on public works projects funded in whole or in part 104.16with state funds, the records must be kept for three years after the contracting authority 104.17has made final payment on the public works project. 104.18    (b) The commissioner may fine an employer up to $1,000 for each failure to 104.19maintain records as required by this section. This penalty is in addition to any penalties 104.20provided under section 177.32, subdivision 1. In determining the amount of a civil penalty 104.21under this subdivision, the appropriateness of such penalty to the size of the employer's 104.22business and the gravity of the violation shall be considered. 104.23    Sec. 2. Minnesota Statutes 2008, section 177.31, is amended to read: 104.24177.31 POSTING OF LAW AND RULES; PENALTY. 104.25Every employer subject to sections 177.21 to new text begin 177.44 new text end must obtain and keep 104.26a summary of those sections, approved by the department, and copies of any applicable 104.27rules adopted under those sections, or a summary of the rules. The employer must post the 104.28summaries in a conspicuous and accessible place in or about the premises in which any 104.29person covered by sections 177.21 to new text begin 177.44 new text end is employed. The department shall 104.30furnish copies of the summaries and rules to employers without charge. 104.31The commissioner may fine an employer up to $200 for each failure to comply with 104.32this section. This penalty is in addition to any penalties provided by section 177.32, 104.33subdivision 1 . 105.1    Sec. 3. Minnesota Statutes 2008, section 177.32, is amended to read: 105.2177.32 PENALTIES. 105.3    Subdivision 1. Misdemeanors. An employer who does any of the following is 105.4guilty of a misdemeanor: 105.5(1) hinders or delays the commissioner in the performance of duties required under 105.6sections 177.21 to new text begin 177.435 new text end ; 105.7(2) refuses to admit the commissioner to the place of business or employment of the 105.8employer, as required by section 177.27, subdivision 1; 105.9(3) repeatedly fails to make, keep, and preserve records as required by section 105.10177.30 ; 105.11(4) falsifies any record; 105.12(5) refuses to make any record available, or to furnish a sworn statement of the 105.13record or any other information as required by section 177.27; 105.14(6) repeatedly fails to post a summary of sections 177.21 to new text begin 177.44 new text end or a copy 105.15or summary of the applicable rules as required by section 177.31; 105.16(7) pays or agrees to pay wages at a rate less than the rate required under sections 105.17177.21 to new text begin 177.44 new text end ; 105.18(8) refuses to allow adequate time from work as required by section 177.253; or 105.19(9) otherwise violates any provision of sections 177.21 to new text begin 177.44 new text end . 105.20    Subd. 2. Fine. An employer shall be fined not less than $700 nor more than $3,000 105.21if convicted of discharging or otherwise discriminating against any employee because: 105.22(1) the employee has complained to the employer or to the department that wages 105.23have not been paid in accordance with sections 177.21 to new text begin 177.435 new text end ; 105.24(2) the employee has instituted or will institute a proceeding under or related to 105.25sections 177.21 to new text begin 177.435 new text end ; or 105.26(3) the employee has testified or will testify in any proceeding. 105.27    Sec. 4. Minnesota Statutes 2008, section 177.42, subdivision 6, is amended to read: 105.28    Subd. 6. Prevailing wage rate. "Prevailing wage rate" means the hourly basic rate 105.29of pay plus the contribution for health and welfare benefits, vacation benefits, pension 105.30benefits, and any other economic benefit paid to new text begin or for new text end the largest number of workers 105.31engaged in the same class of labor within the area and new text begin for medical or hospital care, new text end 105.32 new text begin pensions on retirement or death, compensation for injuries or illness resulting from new text end 105.33 new text begin occupational activity, or insurance to provide any of the foregoing, for unemployment new text end 105.34 new text begin benefits, life insurance, disability and sickness insurance, or accident insurance, for new text end 105.35 new text begin vacation and holiday pay, for defraying the costs of apprenticeship or other similar new text end 106.1 new text begin programs, or for other bona fide fringe benefits, but only where the contractor or new text end 106.2 new text begin subcontractor is not required by other federal, state, or local law to provide any of those new text end 106.3 new text begin benefits, the amount of: new text end 106.4 new text begin (1) the rate of contribution irrevocably made by a contractor or subcontractor to a new text end 106.5 new text begin trustee or to a third person under a fund, plan, or program; and new text end 106.6 new text begin (2) the rate of costs to the contractor or subcontractor that may be reasonably new text end 106.7 new text begin anticipated in providing benefits to laborers and mechanics pursuant to an enforceable new text end 106.8 new text begin commitment to carry out a financially responsible plan or program which was new text end 106.9 new text begin communicated in writing to the laborers and mechanics affected. new text end 106.10 new text begin "Prevailing wage rate" new text end includes, for the purposes of section 177.44, rental rates for 106.11truck hire paid to those who own and operate the truck. 106.12The prevailing wage rate may not be less than a reasonable and living wage. 106.13    Sec. 5. Minnesota Statutes 2008, section 177.42, is amended by adding a subdivision 106.14to read: 106.15     new text begin Subd. 7. new text end new text begin Employer. new text end new text begin "Employer" means an individual, partnership, association, new text end 106.16 new text begin corporation, business trust, or other business entity that hires a laborer, worker, or new text end 106.17 new text begin mechanic. new text end 106.18    Sec. 6. Minnesota Statutes 2008, section 177.43, subdivision 3, is amended to read: 106.19    Subd. 3. Contract requirements. The contract must specifically state the prevailing 106.20wage rates, prevailing hours of labor, and hourly basic rates of pay. new text begin The contracting new text end 106.21 new text begin authority shall incorporate into its proposals and all contracts the applicable wage new text end 106.22 new text begin determinations for the contract along with contract language provided by the commissioner new text end 106.23 new text begin of labor and industry to notify the contractor and all subcontractors of the applicability of new text end 106.24 new text begin sections 177.41 to 177.44. Failure to incorporate the determination or provided contract new text end 106.25 new text begin language into the contracts shall make the contracting authority liable for making whole new text end 106.26 new text begin the contractor or subcontractor for any increases in the wages paid, including employment new text end 106.27 new text begin taxes and reasonable administrative costs based on the appropriate prevailing wage due to new text end 106.28 new text begin the laborers or mechanics working on the project. new text end The contract must also provide that 106.29the contracting agency shall demand, and the contractor and subcontractor shall furnish 106.30to the contracting agency, copies of any or all payrolls not more than 14 days after the 106.31end of each pay period. The payrolls must contain all the data required by section 177.30. 106.32The contracting authority may examine all records relating to wages paid laborers or 106.33mechanics on work to which sections 177.41 to 177.44 apply. 107.1    Sec. 7. Minnesota Statutes 2008, section 177.43, subdivision 6a, is amended to read: 107.2    Subd. 6a. Prevailing wage violations. new text begin (a) If an employer is found by the new text end 107.3 new text begin commissioner to have violated this section prior to the issuance of a compliance order new text end 107.4 new text begin under section 177.27, subdivision 4, the commissioner shall order the employer to cease new text end 107.5 new text begin and desist from engaging in the violative practice and to take affirmative steps that in new text end 107.6 new text begin the judgment of the commissioner will effectuate the purposes of the section or rule new text end 107.7 new text begin violated. The commissioner shall require any employer that has violated this section to new text end 107.8 new text begin pay the aggrieved parties back pay, less any amount actually paid to the employee by the new text end 107.9 new text begin employer, and, if the employer has repeatedly violated this section, for an additional equal new text end 107.10 new text begin amount as liquidated damages. For the purposes of this subdivision, "repeatedly" means new text end 107.11 new text begin to be found by the commissioner to have violated this section more than once within a new text end 107.12 new text begin two-year period. An employer who is found by the commissioner to have repeatedly or new text end 107.13 new text begin willfully violated this section is subject to a civil penalty of up to $1,000 for each violation new text end 107.14 new text begin for each employee. In determining the amount of a civil penalty under this subdivision, new text end 107.15 new text begin the appropriateness of the penalty to the size of the employer's business and the gravity of new text end 107.16 new text begin the violation shall be considered. new text end 107.17     new text begin (b) new text end Upon issuing a compliance order to an employer pursuant to section 177.27, 107.18subdivision 4 , for violation of sections 177.41 to 177.44, the commissioner shall issue 107.19a withholding order to the contracting authority ordering the contracting authority to 107.20withhold payment of sufficient sum to the prime or general contractor on the project 107.21to satisfy the back wages assessed or otherwise cure the violation, and the contracting 107.22authority must withhold the sum ordered until the compliance order has become a final 107.23order of the commissioner and has been fully paid or otherwise resolved by the employer. 107.24     new text begin (c) new text end During an investigation of a violation of sections 177.41 to 177.44 which the 107.25commissioner reasonably determines is likely to result in the finding of a violation of 107.26sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section 107.27177.27, subdivision 4 , the commissioner may notify the contracting authority of the 107.28determination and the amount expected to be assessed and the contracting authority shall 107.29give the commissioner 90 days' prior notice of the date the contracting authority intends to 107.30make final payment. 107.31    Sec. 8. new text begin [181.305] MINING EQUIPMENT OPERATORS, HOURS. new text end 107.32     new text begin Subdivision 1. new text end new text begin Required hours. new text end new text begin No employer may require an employee to operate new text end 107.33 new text begin mining equipment or other mobile equipment used in the mining process for more than new text end 107.34 new text begin 16 cumulative hours following eight consecutive hours off duty. "Mining equipment or new text end 108.1 new text begin other mobile equipment" includes but is not limited to haul trucks, off-road dump trucks, new text end 108.2 new text begin front-end loaders, graders, or plows. Nothing in this subdivision shall: new text end 108.3 new text begin (1) prohibit an employee from working longer than 16 cumulative hours on duty new text end 108.4 new text begin if they so desire; or new text end 108.5 new text begin (2) supersede the terms of a valid collective bargaining agreement. new text end 108.6     new text begin Subd. 2. new text end new text begin Penalties. new text end new text begin An employer who violates this section is guilty of a new text end 108.7 new text begin misdemeanor and is liable to an employee for injuries sustained in consequence of the new text end 108.8 new text begin violation. new text end 108.9 new text begin EFFECTIVE DATE. new text end new text begin This section if effective the day following final enactment. new text end 108.10    Sec. 9. new text begin [181.986] REQUIRED EQUIPMENT AND APPAREL. new text end 108.11     new text begin Notwithstanding any other law or rule to the contrary, a public employer is new text end 108.12 new text begin prohibited from purchasing or acquiring, furnishing, or requiring an employee to purchase new text end 108.13 new text begin or acquire for wear or use while on duty, any of the following items if the item is not new text end 108.14 new text begin manufactured in the United States of America: new text end 108.15     new text begin (1) any uniform or other item of wearing apparel over which an employee has no new text end 108.16 new text begin discretion in selecting except for selecting the proper size; or new text end 108.17     new text begin (2) safety equipment or protective accessories. new text end 108.18     new text begin Preference must be given to purchases from manufacturers who pay an average new text end 108.19 new text begin annual income, including wages and benefits, equal to at least 150 percent of the federal new text end 108.20 new text begin poverty guideline adjusted for a family size of four. For purposes of this section, "public new text end 108.21 new text begin employer" means a county, home rule charter or statutory city, town, school district, new text end 108.22 new text begin metropolitan or regional agency, public corporation, political subdivision, special district new text end 108.23 new text begin as defined in section 6.465, subdivision 3, municipal fire department, independent new text end 108.24 new text begin nonprofit firefighting corporation, the University of Minnesota, the Minnesota State new text end 108.25 new text begin Colleges and Universities, and the state of Minnesota and its agencies. new text end 108.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2010. new text end 108.27ARTICLE 6 108.28LICENSING AND FEES 108.29    Section 1. new text begin [326B.153] BUILDING PERMIT FEES. new text end 108.30     new text begin Subdivision 1. new text end new text begin Building permits. new text end new text begin (a) Fees for building permits submitted as new text end 108.31 new text begin required in section 326B.106 include: new text end 108.32 new text begin (1) the fee as set forth in the fee schedule in paragraph (b) or as adopted by a new text end 108.33 new text begin municipality; and new text end 109.1 new text begin (2) the surcharge required by section 326B.148. new text end 109.2 new text begin (b) The total valuation and fee schedule is: new text end 109.3 new text begin (1) $1 to $500, $29.50; new text end 109.4 new text begin (2) $501 to $2,000, $28 for the first $500 plus $3.70 for each additional $100 or new text end 109.5 new text begin fraction thereof, to and including $2,000; new text end 109.6 new text begin (3) $2,001 to $25,000, $83.50 for the first $2,000 plus $16.55 for each additional new text end 109.7 new text begin $1,000 or fraction thereof, to and including $25,000; new text end 109.8 new text begin (4) $25,001 to $50,000, $464.15 for the first $25,000 plus $12 for each additional new text end 109.9 new text begin $1,000 or fraction thereof, to and including $50,000; new text end 109.10 new text begin (5) $50,001 to $100,000, $764.15 for the first $50,000 plus $8.45 for each additional new text end 109.11 new text begin $1,000 or fraction thereof, to and including $100,000; new text end 109.12 new text begin (6) $100,001 to $500,000, $1,186.65 for the first $100,000 plus $6.75 for each new text end 109.13 new text begin additional $1,000 or fraction thereof, to and including $500,000; new text end 109.14 new text begin (7) $500,001 to $1,000,000, $3,886.65 for the first $500,000 plus $5.50 for each new text end 109.15 new text begin additional $1,000 or fraction thereof, to and including $1,000,000; and new text end 109.16 new text begin (8) $1,000,001 and up, $6,636.65 for the first $1,000,000 plus $4.50 for each new text end 109.17 new text begin additional $1,000 or fraction thereof. new text end 109.18 new text begin (c) Other inspections and fees are: new text end 109.19 new text begin (1) inspections outside of normal business hours (minimum charge two hours), new text end 109.20 new text begin $63.25 per hour; new text end 109.21 new text begin (2) reinspection fees, $63.25 per hour; new text end 109.22 new text begin (3) inspections for which no fee is specifically indicated (minimum charge one-half new text end 109.23 new text begin hour), $63.25 per hour; and new text end 109.24 new text begin (4) additional plan review required by changes, additions, or revisions to approved new text end 109.25 new text begin plans (minimum charge one-half hour), $63.25 per hour. new text end 109.26 new text begin (d) If the actual hourly cost to the jurisdiction under paragraph (c) is greater than new text end 109.27 new text begin $63.25, then the greater rate shall be paid. Hourly cost includes supervision, overhead, new text end 109.28 new text begin equipment, hourly wages, and fringe benefits of the employees involved. new text end 109.29     new text begin Subd. 2. new text end new text begin Plan review. new text end new text begin Fees for the review of building plans, specifications, and new text end 109.30 new text begin related documents submitted as required by section 326B.106 must be paid based on 65 new text end 109.31 new text begin percent of the building permit fee required in subpart 1. new text end 109.32     new text begin Subd. 3. new text end new text begin Surcharge. new text end new text begin Surcharge fees are required for permits issued on all buildings new text end 109.33 new text begin including public buildings and state-licensed facilities as required by section 326B.148. new text end 109.34     new text begin Subd. 4. new text end new text begin Distribution. new text end new text begin (a) This subdivision establishes the fee distribution between new text end 109.35 new text begin the state and municipalities contracting for plan review and inspection of public buildings new text end 109.36 new text begin and state-licensed facilities. new text end 110.1 new text begin (b) If plan review and inspection services are provided by the state building official, new text end 110.2 new text begin all fees for those services must be remitted to the state. new text end 110.3 new text begin (c) If plan review services are provided by the state building official and inspection new text end 110.4 new text begin services are provided by a contracting municipality: new text end 110.5 new text begin (1) the state shall charge 75 percent of the plan review fee required by the state's fee new text end 110.6 new text begin schedule in this part; and new text end 110.7 new text begin (2) the municipality shall charge 25 percent of the plan review fee required by the new text end 110.8 new text begin municipality's adopted fee schedule, for orientation to the plans, in addition to the permit new text end 110.9 new text begin and other customary fees charged by the municipality. new text end 110.10 new text begin (d) If plan review and inspection services are provided by the contracting new text end 110.11 new text begin municipality, all fees for those services must be remitted to the municipality according to new text end 110.12 new text begin their adopted fee schedule. new text end 110.13    Sec. 2. Minnesota Statutes 2008, section 326B.33, subdivision 19, is amended to read: 110.14    Subd. 19. License, registration, and renewal fees; expiration. (a) Unless 110.15revoked or suspended under this chapter, all licenses issued or renewed under this section 110.16expire on the date specified in this subdivision. Master licenses expire March 1 of each 110.17odd-numbered year after issuance or renewal. Electrical contractor licenses expire March 110.181 of each even-numbered year after issuance or renewal. Technology system contractor 110.19licenses expire August 1 of each even-numbered year after issuance or renewal. All 110.20other personal licenses expire two years from the date of original issuance and every two 110.21years thereafter. Registrations of unlicensed individuals expire one year from the date of 110.22original issuance and every year thereafter. 110.23    (b) Fees for application and examination, and for the original issuance and each 110.24subsequent renewal, are: 110.25    (1) For each personal license application and examination: $35; 110.26    (2) For original issuance and each subsequent renewal of: 110.27    Class A Master or master special electrician, including master elevator constructor: 110.28$40 per year; 110.29    Class B Master: $25 per year; 110.30    Power Limited Technician: $15 per year; 110.31    Class A Journeyman, Class B Journeyman, Installer, Elevator Constructor, Lineman, 110.32or Maintenance Electrician other than master special electrician: $15 per year; 110.33    Contractor: $100 per year; 110.34    Unlicensed individual registration: $15 per year. 111.1    (c) If any new license is issued in accordance with this subdivision for less than two 111.2years, the fee for the license shall be prorated on an annual basis. 111.3    (d) A license fee may not be refunded after a license is issued or renewed. However, 111.4if the fee paid for a license was not prorated in accordance with this subdivision, the 111.5amount of the overpayment shall be refunded. 111.6    (e) Any contractor who seeks reissuance of a license after it has been revoked or 111.7suspended under this chapter shall submit a reissuance fee of $100 before the license is 111.8reinstated. 111.9    (f) The fee for the issuance of each duplicate license is $15. 111.10    (g) new text begin (f) new text end An individual or contractor who fails to renew a license before 30 days after 111.11the expiration or registration of the license must submit a late fee equal to one year's 111.12license fee in addition to the full renewal fee. Fees for renewed licenses or registrations 111.13are not prorated. An individual or contractor that fails to renew a license or registration by 111.14the expiration date is unlicensed until the license or registration is renewed. 111.15    Sec. 3. Minnesota Statutes 2008, section 326B.46, subdivision 4, is amended to read: 111.16    Subd. 4. Fee. new text begin (a) new text end Each person giving bond to the state under subdivision 2 shall pay 111.17the department an annual new text begin a new text end bond registration fee of $40 new text begin for one year or $80 for two years new text end . 111.18 new text begin (b) The commissioner shall in a manner determined by the commissioner, without new text end 111.19 new text begin the need for any rulemaking under chapter 14, phase in the bond registration from one year new text end 111.20 new text begin to two years so that the expiration of bond registration corresponds with the expiration of new text end 111.21 new text begin the license issued under section 326B.49, subdivision 1, or 326B.475. new text end 111.22    Sec. 4. Minnesota Statutes 2008, section 326B.475, subdivision 4, is amended to read: 111.23    Subd. 4. Renewal; use period for license. new text begin (a) new text end A restricted master plumber and 111.24restricted journeyman plumber license must be renewed annually for as long as that 111.25licensee engages in the plumbing trade. Failure to renew a restricted master plumber and 111.26restricted journeyman plumber license within 12 months after the expiration date will 111.27result in permanent forfeiture of the restricted master plumber and restricted journeyman 111.28plumber license. 111.29 new text begin (b) The commissioner shall in a manner determined by the commissioner, without new text end 111.30 new text begin the need for any rulemaking under chapter 14, phase in the renewal of restricted master new text end 111.31 new text begin plumber and restricted journeyman plumber licenses from one year to two years. By new text end 111.32 new text begin June 30, 2011, all restricted master plumber and restricted journeyman plumber licenses new text end 111.33 new text begin shall be two-year licenses. new text end 112.1    Sec. 5. Minnesota Statutes 2008, section 326B.475, subdivision 7, is amended to read: 112.2    Subd. 7. Fee. The annual new text begin renewal new text end fee for the restricted master plumber and 112.3restricted journeyman plumber licenses is the same fee as for a master or journeyman 112.4plumber license, respectively. 112.5    Sec. 6. Minnesota Statutes 2008, section 326B.49, subdivision 1, is amended to read: 112.6    Subdivision 1. Application. new text begin (a) new text end Applications for plumber's license shall be made to 112.7the commissioner, with fee. Unless the applicant is entitled to a renewal, the applicant 112.8shall be licensed by the commissioner only after passing a satisfactory examination 112.9developed and administered by the commissioner, based upon rules adopted by the 112.10Plumbing Board, showing fitness. Examination fees for both journeyman and master 112.11plumbers shall be $50 for each examination. Upon being notified of having successfully 112.12passed the examination for original license the applicant shall submit an application, 112.13with the license fee herein provided. The license fee for each initial and renewal master 112.14plumber's license shall be $120 new text begin $240 new text end . The license fee for each initial and renewal 112.15journeyman plumber's license shall be $55 new text begin $110 new text end . The commissioner may by rule prescribe 112.16for the expiration and renewal of licenses. 112.17 new text begin (b) All initial master and journeyman plumber's licenses shall be effective for more new text end 112.18 new text begin than one calendar year and shall expire on December 31 of the year after the year in which new text end 112.19 new text begin the application is made. The license fee for each renewal master plumber's license shall be new text end 112.20 new text begin $120 for one year or $240 for two years. The license fee for each renewal journeyman new text end 112.21 new text begin plumber's license shall be $55 for one year or $110 for two years. The commissioner new text end 112.22 new text begin shall in a manner determined by the commissioner, without the need for any rulemaking new text end 112.23 new text begin under chapter 14, phase in the renewal of master and journeyman plumber's licenses from new text end 112.24 new text begin one year to two years. By June 30, 2011, all renewed master and journeyman plumber's new text end 112.25 new text begin licenses shall be two-year licenses. new text end 112.26 new text begin (c) new text end Any licensee who does not renew a license within two years after the license 112.27expires is no longer eligible for renewal. Such an individual must retake and pass the 112.28examination before a new license will be issued. A journeyman or master plumber who 112.29submits a license renewal application after the time specified in rule but within two years 112.30after the license expired must pay all past due renewal fees plus a late fee of $25. 112.31    Sec. 7. Minnesota Statutes 2008, section 326B.56, subdivision 4, is amended to read: 112.32    Subd. 4. Fee. new text begin (a) new text end The commissioner shall collect a $40 bond registration fee new text begin for new text end 112.33 new text begin one year or $80 for two years new text end from each applicant for issuance or renewal of a water 113.1conditioning contractor or installer license who elects to proceed under subdivisions 113.21 and 2. 113.3 new text begin (b) The commissioner shall in a manner determined by the commissioner, without new text end 113.4 new text begin the need for any rulemaking under chapter 14, phase in the bond registration from one year new text end 113.5 new text begin to two years so that the expiration of bond registration corresponds with the expiration of new text end 113.6 new text begin the license issued under section 326B.55. new text end 113.7    Sec. 8. Minnesota Statutes 2008, section 326B.58, is amended to read: 113.8326B.58 FEES. 113.9     new text begin (a) new text end Examination fees for both water conditioning contractors and water conditioning 113.10installers shall be $50 for each examination. Each new text begin initial new text end water conditioning contractor 113.11and installer license new text begin shall be effective for more than one calendar year and new text end shall expire on 113.12December 31 of the year for which it was issued new text begin after the year in which the application new text end 113.13 new text begin is made new text end . The license fee for each initial water conditioning contractor's license shall be 113.14$70 new text begin $140 new text end , except that the license fee shall be $35 new text begin $105 new text end if the application is submitted 113.15during the last three months of the calendar year. The license fee for each renewal water 113.16conditioning contractor's license shall be $70 new text begin for one year or $140 for two years new text end . The 113.17license fee for each initial water conditioning installer license shall be $35 new text begin $70 new text end , except 113.18that the license fee shall be $17.50 new text begin $52.50 new text end if the application is submitted during the last 113.19three months of the calendar year. The license fee for each renewal water conditioning 113.20installer license shall be $35 new text begin for one year or $70 for two years new text end . 113.21 new text begin (b) The commissioner shall in a manner determined by the commissioner, without new text end 113.22 new text begin the need for any rulemaking under chapter 14, phase in the renewal of water conditioning new text end 113.23 new text begin contractor and installer licenses from one year to two years. By June 30, 2011, all renewed new text end 113.24 new text begin water conditioning contractor and installer licenses shall be two-year licenses. new text end The 113.25commissioner may by rule prescribe for the expiration and renewal of licenses. 113.26 new text begin (c) new text end Any licensee who does not renew a license within two years after the license 113.27expires is no longer eligible for renewal. Such an individual must retake and pass the 113.28examination before a new license will be issued. A water conditioning contractor or water 113.29conditioning installer who submits a license renewal application after the time specified 113.30in rule but within two years after the license expired must pay all past due renewal fees 113.31plus a late fee of $25. 113.32    Sec. 9. Minnesota Statutes 2008, section 326B.815, subdivision 1, is amended to read: 113.33    Subdivision 1. Licensing fee. new text begin (a) new text end The licensing fee for persons licensed pursuant 113.34to sections 326B.802 to 326B.885, except for manufactured home installers, is $100 per 114.1year new text begin $200 for a two-year period new text end . The licensing fee for manufactured home installers under 114.2section 327B.041 is $300 for a three-year period. 114.3 new text begin (b) All initial licenses, except for manufactured home installer licenses, shall be new text end 114.4 new text begin effective for two years and shall expire on March 31 of the year after the year in which the new text end 114.5 new text begin application is made. The license fee for each renewal of a residential contractor, residential new text end 114.6 new text begin remodeler, or residential roofer license shall be $100 for one year and $200 for two years. new text end 114.7 new text begin (c) The commissioner shall in a manner determined by the commissioner, without new text end 114.8 new text begin the need for any rulemaking under chapter 14, phase in the renewal of residential new text end 114.9 new text begin contractor, residential remodeler, and residential roofer licenses from one year to two new text end 114.10 new text begin years. By June 30, 2011, all renewed residential contractor, residential remodeler, and new text end 114.11 new text begin residential roofer licenses shall be two-year licenses. new text end 114.12    Sec. 10. Minnesota Statutes 2008, section 326B.821, subdivision 2, is amended to read: 114.13    Subd. 2. Hours. A qualifying person of a licensee must provide proof of completion 114.14of seven new text begin 14 new text end hours of continuing education per year new text begin two-year licensure period new text end in the 114.15regulated industry in which the licensee is licensed. 114.16    Credit may not be earned if the licensee has previously obtained credit for the same 114.17course as either a student or instructor during the same licensing period. 114.18    Sec. 11. Minnesota Statutes 2008, section 326B.86, subdivision 1, is amended to read: 114.19    Subdivision 1. Bond. (a) Licensed manufactured home installers and licensed 114.20residential roofers must post a surety bond in the name of the licensee with the 114.21commissioner, conditioned that the applicant shall faithfully perform the duties and 114.22in all things comply with all laws, ordinances, and rules pertaining to the license or 114.23permit applied for and all contracts entered into. The annual bond must be continuous 114.24and maintained for so long as the licensee remains licensed. The aggregate liability of 114.25the surety on the bond to any and all persons, regardless of the number of claims made 114.26against the bond, may not exceed the amount of the bond. The bond may be canceled as 114.27to future liability by the surety upon 30 days' written notice mailed to the commissioner 114.28by regular mail. 114.29    (b) A licensed residential roofer must post a bond of at least $15,000. 114.30    (c) A licensed manufactured home installer must post a bond of at least $2,500. 114.31    Bonds issued under sections 326B.802 to 326B.885 are not state bonds or contracts 114.32for purposes of sections 8.05 and 16C.05, subdivision 2. 114.33    Sec. 12. Minnesota Statutes 2008, section 326B.885, subdivision 2, is amended to read: 115.1    Subd. 2. Annual Renewal new text begin period new text end . Any license issued or renewed after August 115.21, 1993, must be renewed annually except for new text begin (a) Residential contractor, residential new text end 115.3 new text begin remodeler, and residential roofer licenses shall have a renewal period of two years. The new text end 115.4 new text begin commissioner shall in a manner determined by the commissioner, without the need for any new text end 115.5 new text begin rulemaking under chapter 14, phase in the renewal of residential contractor, residential new text end 115.6 new text begin remodeler, and residential roofer licenses from one year to two years. By June 30, 2011, new text end 115.7 new text begin all renewed residential contractor, residential remodeler, and residential roofer licenses new text end 115.8 new text begin shall be two-year licenses. new text end 115.9 new text begin (b) new text end A manufactured home installer's license which shall have a renewal period of 115.10three years, effective for all renewals and new licenses issued after December 31, 2008. 115.11    Sec. 13. Minnesota Statutes 2008, section 326B.89, subdivision 3, is amended to read: 115.12    Subd. 3. Fund fees. In addition to any other fees, a person who applies for or 115.13renews a license under sections 326B.802 to 326B.885 shall pay a fee to the fund. The 115.14person shall pay, in addition to the appropriate application or renewal fee, the following 115.15additional fee that shall be deposited in the fund. The amount of the fee shall be based on 115.16the person's gross annual receipts for the person's most recent fiscal year preceding the 115.17application or renewal, on the following scale: 115.18 Fee Gross Annual Receipts 115.19 $160 new text begin $320 new text end under $1,000,000 115.20 $210 new text begin $420 new text end $1,000,000 to $5,000,000 115.21 $260 new text begin $520 new text end over $5,000,000 115.22    Sec. 14. Minnesota Statutes 2008, section 326B.89, subdivision 16, is amended to read: 115.23    Subd. 16. Additional assessment. If the balance in the fund is at any time less 115.24than the commissioner determines is necessary to carry out the purposes of this section, 115.25every licensee, when renewing a license, shall pay, in addition to the annual renewal 115.26fee and the fee set forth in subdivision 3, an assessment not to exceed $100 new text begin $200 new text end . The 115.27commissioner shall set the amount of assessment based on a reasonable determination 115.28of the amount that is necessary to restore a balance in the fund adequate to carry out the 115.29purposes of this section. 115.30    Sec. 15. Minnesota Statutes 2008, section 326B.94, subdivision 4, is amended to read: 115.31    Subd. 4. Examinations, licensing. The commissioner shall develop and administer 115.32an examination for all masters of boats carrying passengers for hire on the inland waters of 115.33the state as to their qualifications and fitness. If found qualified and competent to perform 116.1their duties as a master of a boat carrying passengers for hire, they shall be issued a license 116.2authorizing them to act as such on the inland waters of the state. The license shall be 116.3renewed annually. new text begin All initial master's licenses shall be for two years. The commissioner new text end 116.4 new text begin shall in a manner determined by the commissioner, without the need for any rulemaking new text end 116.5 new text begin under chapter 14, phase in the renewal of master's licenses from one year to two years. new text end 116.6 new text begin By June 30, 2011, all renewed master's licenses shall be two-year licenses. new text end Fees for the 116.7original issue and renewal of the license authorized under this section shall be pursuant to 116.8section 326B.986, subdivision 2. 116.9    Sec. 16. Minnesota Statutes 2008, section 326B.972, is amended to read: 116.10326B.972 LICENSE REQUIREMENT. 116.11    (a) To operate a boiler, steam engine, or turbine an individual must have received a 116.12license for the grade covering that boiler, steam engine, or turbine. The license must be 116.13renewed annually, except as provided new text begin Except for licenses described new text end in section 326B.956 116.14and except for provisional licenses described in paragraphs (d) to (g). new text begin : new text end 116.15 new text begin (1) all initial licenses shall be for two years; new text end 116.16 new text begin (2) the commissioner shall in a manner determined by the commissioner, without new text end 116.17 new text begin the need for any rulemaking under chapter 14, phase in the renewal of licenses from new text end 116.18 new text begin one year to two years; and new text end 116.19 new text begin (3) by June 30, 2011, all licenses shall be two-year licenses. new text end 116.20    (b) For purposes of sections 326B.952 to 326B.998, "operation" does not include 116.21monitoring of an automatic boiler, either through on premises inspection of the boiler or 116.22by remote electronic surveillance, provided that no operations are performed upon the 116.23boiler other than emergency shut down in alarm situations. 116.24    (c) No individual under the influence of illegal drugs or alcohol may operate a boiler, 116.25steam engine, or turbine or monitor an automatic boiler. 116.26    (d) The commissioner may issue a provisional license to allow an employee of a 116.27high pressure boiler plant to operate boilers greater than 500 horsepower at only that 116.28boiler plant if: 116.29    (1) the boiler plant has a designated chief engineer in accordance with Minnesota 116.30Rules, part 5225.0410; 116.31    (2) the boiler plant employee holds a valid license as a second-class engineer, 116.32Grade A or B; 116.33    (3) the chief engineer in charge of the boiler plant submits an application to the 116.34commissioner on a form prescribed by the commissioner to elicit information on whether 116.35the requirements of this paragraph have been met; 117.1    (4) the chief engineer in charge of the boiler plant and an authorized representative 117.2of the owner of the boiler plant both sign the application for the provisional license; 117.3    (5) the owner of the boiler plant has a documented training program with examination 117.4for boilers and equipment at the boiler plant to train and test the boiler plant employee; and 117.5    (6) if the application were to be granted, the total number of provisional licenses 117.6for employees of the boiler plant would not exceed the total number of properly licensed 117.7first-class engineers and chief engineers responsible for the safe operation of the boilers 117.8at the boiler plant. 117.9    (e) A public utility, cooperative electric association, generation and transmission 117.10cooperative electric association, municipal power agency, or municipal electric utility 117.11that employs licensed boiler operators who are subject to an existing labor contract may 117.12use a provisional licensee as an operator only if using the provisional licensee does not 117.13violate the labor contract. 117.14    (f) Each provisional license expires 36 months after the date of issuance unless 117.15revoked less than 36 months after the date of issuance. A provisional license may not be 117.16renewed. 117.17    (g) The commissioner may issue no more than two provisional licenses to any 117.18individual within a four-year period. 117.19    Sec. 17. Minnesota Statutes 2008, section 326B.986, subdivision 2, is amended to read: 117.20    Subd. 2. Fee amounts; master's. The license and application fee for a new text begin an initial new text end 117.21master's license is $50 new text begin $70 new text end , or $20 new text begin $40 new text end if the applicant possesses a valid, unlimited, current 117.22United States Coast Guard master's license. The annual renewal of new text begin fee for new text end a master's 117.23license is $20 new text begin for one year or $40 for two years new text end . The annual renewal If new text begin the renewal fee is new text end 117.24paid later than 30 days after expiration is $35. The fee for replacement of a current, valid 117.25license is $20 new text begin , then a late fee of $15 will be added to the renewal fee new text end . 117.26    Sec. 18. Minnesota Statutes 2008, section 326B.986, subdivision 5, is amended to read: 117.27    Subd. 5. Boiler engineer license fees. new text begin (a) new text end For the following licenses, the 117.28nonrefundable license and application fee is: 117.29(1) chief engineer's license, $50 new text begin $70 new text end ; 117.30(2) first class engineer's license, $50 new text begin $70 new text end ; 117.31(3) second class engineer's license, $50 new text begin $70 new text end ; 117.32(4) special engineer's license, $20 new text begin $40 new text end ; 117.33(5) traction or hobby boiler engineer's license, $50; and 117.34(6) provisional license, $50. 118.1     new text begin (b) new text end An engineer's license, except a provisional license, may be renewed upon 118.2application and payment of an annual new text begin a new text end renewal fee of $20 new text begin for one year or $40 for two new text end 118.3 new text begin years new text end . The annual renewal, If new text begin the renewal fee is new text end paid later than 30 days after expiration, 118.4is $35. The fee for replacement of a current, valid license is $20 new text begin then a late fee of $15 new text end 118.5 new text begin will be added to the renewal fee new text end . 118.6    Sec. 19. Minnesota Statutes 2008, section 326B.986, subdivision 8, is amended to read: 118.7    Subd. 8. Certificate of competency. The fee for issuance of the original state 118.8of Minnesota certificate of competency for inspectors is $50. This fee is waived new text begin $85 new text end 118.9 new text begin for inspectors who did not pay the examination fee or $35 new text end for inspectors who paid 118.10the examination fee. new text begin All initial certificates of competency shall be effective for more new text end 118.11 new text begin than one calendar year and shall expire on December 31 of the year after the year in new text end 118.12 new text begin which the application is made. The commissioner shall in a manner determined by the new text end 118.13 new text begin commissioner, without the need for any rulemaking under chapter 14, phase in the renewal new text end 118.14 new text begin of certificates of competency from one calendar year to two calendar years. By June 30, new text end 118.15 new text begin 2011, all renewed certificates of competency shall be valid for two calendar years. new text end The fee 118.16for an annual renewal of the state of Minnesota certificate of competency is $35 new text begin for one new text end 118.17 new text begin year or $70 for two years new text end , and is due January 1 of each year. The fee for replacement of a 118.18current, valid license is $35 new text begin the day after the certificate expires new text end . 118.19    Sec. 20. Minnesota Statutes 2008, section 327B.04, subdivision 7, is amended to read: 118.20    Subd. 7. Fees; Licenses; when granted. Each application for a license or license 118.21renewal must be accompanied by a fee in an amount established by the commissioner by 118.22rule pursuant to section new text begin subdivision 7a new text end . The fees shall be set in an amount which 118.23over the fiscal biennium will produce revenues approximately equal to the expenses which 118.24the commissioner expects to incur during that fiscal biennium while administering and 118.25enforcing sections 327B.01 to 327B.12. The commissioner shall grant or deny a license 118.26application or a renewal application within 60 days of its filing. If the license is granted, 118.27the commissioner shall license the applicant as a dealer or manufacturer for the remainder 118.28of the calendar year new text begin licensure period new text end . Upon application by the licensee, the commissioner 118.29shall renew the license for a two year period, if: 118.30    (a) new text begin (1) new text end the renewal application satisfies the requirements of subdivisions 3 and 4; 118.31    (b) new text begin (2) new text end the renewal applicant has made all listings, registrations, notices and reports 118.32required by the commissioner during the preceding year new text begin licensure period new text end ; and 118.33    (c) new text begin (3) new text end the renewal applicant has paid all fees owed pursuant to sections 327B.01 to 118.34327B.12 and all taxes, arrearages, and penalties owed to the state. 119.1    Sec. 21. Minnesota Statutes 2008, section 327B.04, is amended by adding a 119.2subdivision to read: 119.3     new text begin Subd. 7a. new text end new text begin Fees. new text end new text begin (a) Fees for licenses issued pursuant to this section are as follows: new text end 119.4 new text begin (1) initial dealer license for principal location, $400; new text end 119.5 new text begin (2) initial dealer license for subagency location, $80; new text end 119.6 new text begin (3) dealer license biennial renewal, principal location, $400; dealer subagency new text end 119.7 new text begin location biennial renewal, $160, which must coincide with the principal license date; new text end 119.8 new text begin (4) initial limited dealer license, $200; new text end 119.9 new text begin (5) change of bonding company, $10; new text end 119.10 new text begin (6) reinstatement of bond after cancellation notice has been received, $10; new text end 119.11 new text begin (7) checks returned without payment, $15; and new text end 119.12 new text begin (8) change of address, $10. new text end 119.13 new text begin (b) All initial limited dealer licenses shall be effective for more than one calendar new text end 119.14 new text begin year and shall expire on December 31 of the year after the year in which the application new text end 119.15 new text begin is made. new text end 119.16 new text begin (c) The license fee for each renewed limited dealer license shall be $100 for one new text end 119.17 new text begin year and $200 for two years. The commissioner shall in a manner determined by the new text end 119.18 new text begin commissioner, without the need for any rulemaking under chapter 14, phase in the renewal new text end 119.19 new text begin of limited dealer licenses from one year to two years. By June 30, 2011, all renewed new text end 119.20 new text begin limited dealer licenses shall be two-year licenses. new text end 119.21 new text begin (d) All fees are nonrefundable. new text end 119.22    Sec. 22. Minnesota Statutes 2008, section 327B.04, subdivision 8, is amended to read: 119.23    Subd. 8. Limited dealer's license. The commissioner shall issue a limited dealer's 119.24license to an owner of a manufactured home park authorizing the licensee as principal 119.25only to engage in the sale, offering for sale, soliciting, or advertising the sale of used 119.26manufactured homes located in the owned manufactured home park. The licensee must 119.27be the title holder of the homes and may engage in no more than ten sales annually new text begin new text end 119.28 new text begin during each year of the two-year licensure period new text end . An owner may, upon payment of the 119.29applicable fee and compliance with this subdivision, obtain a separate license for each 119.30owned manufactured home park and is entitled to sell up to ten new text begin 20 new text end homes per license 119.31 new text begin period new text end provided that only one limited dealer license may be issued for each park. The 119.32license shall be issued after: 119.33    (1) receipt of an application on forms provided by the commissioner containing 119.34the following information: 119.35    (i) the identity of the applicant; 120.1    (ii) the name under which the applicant will be licensed and do business in this state; 120.2    (iii) the name and address of the owned manufactured home park, including a copy 120.3of the park license, serving as the basis for the issuance of the license; 120.4    (iv) the name, home, and business address of the applicant; 120.5    (v) the name, address, and telephone number of one individual that is designated 120.6by the applicant to receive all communications and cooperate with all inspections and 120.7investigations of the commissioner pertaining to the sale of manufactured homes in the 120.8manufactured home park owned by the applicant; 120.9    (vi) whether the applicant or its designated individual has been convicted of a crime 120.10within the previous ten years that is either related directly to the business for which the 120.11license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a 120.12judgment in a civil action involving fraud, misrepresentation, or conversion within the 120.13previous five years or has had any government license or permit suspended or revoked 120.14as a result of an action brought by a federal or state governmental agency in this or any 120.15other state within the last five years; and 120.16    (vii) the applicant's qualifications and business history, including whether the 120.17applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has 120.18any unsatisfied court judgments outstanding against it or them; 120.19    (2) payment of a $100 annual new text begin the license new text end fee new text begin established by subdivision 7a new text end ; and 120.20    (3) provision of a surety bond in the amount of $5,000. A separate surety bond 120.21must be provided for each limited license. 120.22    The applicant need not comply with section 327B.04, subdivision 4, paragraph (e). 120.23The holding of a limited dealer's license does not satisfy the requirement contained in 120.24section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect 120.25to obtaining a dealer license. The commissioner may, upon application for a renewal of 120.26a license, require only a verification that copies of sales documents have been retained 120.27and payment of a $100 new text begin the new text end renewal fee new text begin established by subdivision 7a new text end . "Sales documents" 120.28mean only the safety feature disclosure form defined in section 327C.07, subdivision 3a, 120.29title of the home, financing agreements, and purchase agreements. 120.30    The license holder shall, upon request of the commissioner, make available for 120.31inspection during business hours sales documents required to be retained under this 120.32subdivision. 120.33    Sec. 23. new text begin REPEALER. new text end 120.34 new text begin Minnesota Rules, part 1350.8300, new text end new text begin is repealed. new text end 121.1ARTICLE 7 121.2MISCELLANEOUS 121.3    Section 1. Minnesota Statutes 2008, section 85.0146, subdivision 1, is amended to read: 121.4    Subdivision 1. Advisory council created. The Cuyuna Country State Recreation 121.5Area Citizens Advisory Council is established. new text begin Notwithstanding section 15.059, the new text end 121.6 new text begin council does not expire. new text end Membership on the advisory council shall include: 121.7    (1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers 121.8Board; 121.9    (2) a representative of the Croft Mine Historical Park Joint Powers Board; 121.10    (3) a designee of the Cuyuna Range Mineland Reclamation Committee who has 121.11worked as a miner in the local area; 121.12    (4) a representative of the Crow Wing County Board; 121.13    (5) an elected state official; 121.14    (6) a representative of the Grand Rapids regional office of the Department of Natural 121.15Resources; 121.16    (7) a designee of the Iron Range Resources and Rehabilitation Board; 121.17    (8) a designee of the local business community selected by the area chambers of 121.18commerce; 121.19    (9) a designee of the local environmental community selected by the Crow Wing 121.20County District 5 commissioner; 121.21    (10) a designee of a local education organization selected by the Crosby-Ironton 121.22School Board; 121.23    (11) a designee of one of the recreation area user groups selected by the Cuyuna 121.24Range Chamber of Commerce; and 121.25    (12) a member of the Cuyuna Country Heritage Preservation Society. 121.26    Sec. 2. Minnesota Statutes 2008, section 89A.08, subdivision 1, is amended to read: 121.27    Subdivision 1. Establishment. The council shall appoint a Forest Resources 121.28Research Advisory Committee. new text begin Notwithstanding section 15.059, the council does not new text end 121.29 new text begin expire. new text end The committee must consist of representatives of: 121.30(1) the College of Natural Resources, University of Minnesota; 121.31(2) the Natural Resources Research Institute, University of Minnesota; 121.32(3) the department; 121.33(4) the North Central Forest Experiment Station, United States Forest Service; and 121.34(5) other organizations as deemed appropriate by the council. 122.1    Sec. 3. new text begin [90.43] DUTY TO MAINTAIN WOOD PRODUCTS FACILITY. new text end 122.2 new text begin The owner or operator of a wood products facility shall maintain the facility in new text end 122.3 new text begin salable operating condition for at least two years after it permanently discontinues new text end 122.4 new text begin operation of the facility to ensure that public and utility investments in the facility are new text end 122.5 new text begin protected and that the facility's tax and other obligations to state and local governments new text end 122.6 new text begin and other residents of Minnesota created by contract or otherwise are satisfied. These new text end 122.7 new text begin obligations include, in addition to any other obligations, any obligation created by "the new text end 122.8 new text begin relief payment for timber sale permits" program created by Laws 2007, chapter 57, article new text end 122.9 new text begin 1, section 158. Specifically, and in addition to other obligations on an owner or operator, new text end 122.10 new text begin this section prohibits the permanent removal from the facility of equipment necessary for new text end 122.11 new text begin the facility's operation during the two-year period. The requirements of this section are new text end 122.12 new text begin enforceable on all owners and operators and successors of owners and operators and shall new text end 122.13 new text begin be enforced by the state in any action brought by the state or others, including actions in new text end 122.14 new text begin bankruptcy. The attorney general shall bring an action to prevent a violation or threatened new text end 122.15 new text begin violation of this section. For the purpose of this section, "wood products facility" means a new text end 122.16 new text begin lumber or other company facility that employed more than 100 employees at the facility new text end 122.17 new text begin at any time in the five-year period immediately prior to discontinuing operations, had new text end 122.18 new text begin permits to harvest timber used in that operation, and manufactured products derived new text end 122.19 new text begin from wood at the facility. new text end 122.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 122.21 new text begin and applies retroactively to the discontinuance of operation occurring on or after January new text end 122.22 new text begin 1, 2008. new text end 122.23    Sec. 4. Minnesota Statutes 2008, section 154.001, is amended to read: 122.24154.001 BOARD OF BARBER AND COSMETOLOGIST EXAMINERS 122.25CREATED; TERMS. 122.26     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For the purposes of this chapter, "board" means the new text end 122.27 new text begin Board of Barber Examiners. new text end 122.28     new text begin Subd. 2. new text end new text begin Board of Barber Examiners. new text end (a) A Board of Barber and Cosmetologist 122.29Examiners is established to consist of three barber members, three cosmetologist members, 122.30and one public member, as defined in section 214.02, appointed by the governor. 122.31(b) The barber members shall be persons who have practiced as registered barbers in 122.32this state for at least five years immediately prior to their appointment; shall be graduates 122.33from the 12th grade of a high school or have equivalent education, and shall have 122.34knowledge of the matters to be taught in registered barber schools, as set forth in section 123.1154.07 . One of the barber members shall be a member of, or recommended by, a union of 123.2journeymen barbers that has existed at least two years, and one barber member shall be a 123.3member of, or recommended by, a professional organization of barbers. 123.4(c) All cosmetologist members must be currently licensed in the field of cosmetology 123.5in Minnesota, have practiced in the licensed occupation for at least five years immediately 123.6prior to their appointment, be graduates from the 12th grade of high school or have 123.7equivalent education, and have knowledge of sections to and Minnesota 123.8Rules, chapters 2642 and 2644. The cosmetologist members shall be members of, 123.9or recommended by, a professional organization of cosmetologists, manicurists, or 123.10estheticians. 123.11    (d) new text begin Subd. 3. new text end new text begin Membership terms. new text end new text begin (a) new text end Membership terms, compensation of 123.12members, removal of members, the filling of membership vacancies, and fiscal year and 123.13reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of 123.14staff, administrative services and office space; the review and processing of complaints; 123.15the setting of board fees; and other provisions relating to board operations shall be as 123.16provided in chapter 214. 123.17(e) new text begin (b) new text end Members appointed to fill vacancies caused by death, resignation, or removal 123.18shall serve during the unexpired term of their predecessors. 123.19(f) The barber members of the board shall separately oversee administration, 123.20enforcement, and regulation of, and adoption of rules under, sections , , 123.21, to , to , and to . The cosmetologist 123.22members of the board shall separately oversee administration, enforcement, and regulation 123.23of, and adoption of rules under, sections to . Staff hired by the board, 123.24including inspectors, shall serve both professions. 123.25    Sec. 5. Minnesota Statutes 2008, section 154.19, is amended to read: 123.26154.19 VIOLATIONS. 123.27Each of the following constitutes a misdemeanor: 123.28(1) The violation of any of the provisions of section 154.01; 123.29(2) Permitting any person in one's employ, supervision, or control to practice as a 123.30registered barber or registered apprentice unless that person has a certificate of registration 123.31as a registered barber or registered apprentice; 123.32(3) Obtaining or attempting to obtain a certificate of registration for money other 123.33than the required fee, or any other thing of value, or by fraudulent misrepresentation; 123.34(4) Practicing or attempting to practice by fraudulent misrepresentation; 124.1(5) The willful failure to display a certificate of registration as required by section 124.2154.14 ; 124.3(6) The use of any room or place for barbering which is also used for residential or 124.4business purposes, except the sale of hair tonics, lotions, creams, cutlery, toilet articles, 124.5cigars, tobacco, candies in original package, and such commodities as are used and sold in 124.6barber shops, and except that shoeshining and an agency for the reception and delivery of 124.7laundry, or either, may be conducted in a barber shop without the same being construed 124.8as a violation of this section, unless a substantial partition of ceiling height separates the 124.9portion used for residential or business purposes, and where a barber shop is situated in a 124.10residence, poolroom, confectionery, store, restaurant, garage, clothing store, liquor store, 124.11hardware store, or soft drink parlor, there must be an outside entrance leading into the 124.12barber shop independent of any entrance leading into such business establishment, except 124.13that this provision as to an outside entrance shall not apply to barber shops in operation at 124.14the time of the passage of this section and except that a barber shop and beauty parlor may 124.15be operated in conjunction, without the same being separated by partition of ceiling height; 124.16(7) The failure or refusal of any barber or other person in charge of any barber shop, 124.17or any person in barber schools or colleges doing barber service work, to use separate 124.18and clean towels for each customer or patron, or to discard and launder each towel after 124.19once being used; 124.20(8) The failure or refusal by any barber or other person in charge of any barber shop 124.21or barber school or barber college to supply clean hot and cold water in such quantities as 124.22may be necessary to conduct such shop, or the barbering service of such school or college, 124.23in a sanitary manner, or the failure or refusal of any such person to have water and sewer 124.24connections from such shop, or barber school or college, with municipal water and sewer 124.25systems where the latter are available for use, or the failure or refusal of any such person 124.26to maintain a receptacle for hot water of a capacity of not less than five gallons; 124.27(9) For the purposes of sections , , , to , 124.28 to , and to new text begin this section new text end , barbers, students, apprentices, or 124.29the proprietor or manager of a barber shop, or barber school or barber college, shall be 124.30responsible for all violations of the sanitary provisions of sections , , 124.31, to , to , and to new text begin this section new text end , and if 124.32any barber shop, or barber school or barber college, upon inspection, shall be found to be 124.33in an unsanitary condition, the person making such inspection shall immediately issue an 124.34order to place the barber shop, or barber school, or barber college, in a sanitary condition, 124.35in a manner and within a time satisfactory to the Board of Barber and Cosmetologist 124.36Examiners, and for the failure to comply with such order the board shall immediately 125.1file a complaint for the arrest of the persons upon whom the order was issued, and any 125.2registered barber who shall fail to comply with the rules adopted by the Board of Barber 125.3and Cosmetologist Examiners, with the approval of the state commissioner of health, or 125.4the violation or commission of any of the offenses described in new text begin this section and new text end section 125.5154.16 new text begin 154.161, subdivision 4, paragraph (a) new text end , clauses (1), (2), (3), new text begin and new text end (4), (5), (6), (7), 125.6(8), (9) new text begin to (12) new text end , and of clauses (1), (2), (3), (4), (5), (6), (7), (8), and (9) of this section, 125.7shall be fined not less than $10 or imprisoned for ten days and not more than $100 or 125.8imprisoned for 90 days. 125.9    Sec. 6. Minnesota Statutes 2008, section 154.44, subdivision 1, is amended to read: 125.10    Subdivision 1. Schedule. The fee schedule for licensees is as follows: 125.11(a) Three-year license fees: 125.12(1) cosmetologist, manicurist, esthetician, $90 for each initial license, and $60 for 125.13each renewal; 125.14(2) instructor, manager, $120 for each initial license, and $90 for each renewal; 125.15(3) salon, $130 for each initial license, and $100 for each renewal; and 125.16(4) school, $1,500. 125.17(b) Penalties: 125.18(1) reinspection fee, variable; and 125.19(2) manager with lapsed practitioner, $25 new text begin ; new text end 125.20 new text begin (3) expired cosmetologist, manicurist, esthetician, manager, school manager, and new text end 125.21 new text begin instructor license, $45; and new text end 125.22 new text begin (4) expired salon or school license, $50 new text end . 125.23(c) Administrative fees: 125.24(1) certificate of identification, $20; and 125.25(2) school original application, $150 new text begin ; new text end 125.26 new text begin (3) name change, $20; new text end 125.27 new text begin (4) letter of license verification, $30; new text end 125.28 new text begin (5) duplicate license, $20; and new text end 125.29 new text begin (6) processing fee, $10 new text end . 125.30(d) All fees established in this subdivision must be paid to the executive secretary 125.31of the board. The executive secretary of the board shall deposit the fees in the general 125.32fund in the state treasury. 125.33    Sec. 7. Minnesota Statutes 2008, section 154.51, is amended to read: 125.34154.51 ENFORCEMENT. 126.1     new text begin Subdivision 1. new text end new text begin Proceedings. new text end The provisions of section apply to the 126.2administration of sections to . new text begin If the board, or a complaint committee if new text end 126.3 new text begin authorized by the board, has a reasonable basis for believing that a person has engaged in new text end 126.4 new text begin or is about to engage in a violation of a statute, rule, or order that the board has adopted new text end 126.5 new text begin or issued or is empowered to enforce, the board or complaint committee may proceed as new text end 126.6 new text begin provided in subdivision 2 or 3. Except as otherwise provided in this section, all hearings new text end 126.7 new text begin must be conducted in accordance with the Administrative Procedure Act. new text end 126.8     new text begin Subd. 2. new text end new text begin Legal actions. new text end new text begin (a) When necessary to prevent an imminent violation of a new text end 126.9 new text begin statute, rule, or order that the board has adopted or issued or is empowered to enforce, the new text end 126.10 new text begin board, or a complaint committee if authorized by the board, may bring an action in the new text end 126.11 new text begin name of the state in the District Court of Ramsey County in which jurisdiction is proper to new text end 126.12 new text begin enjoin the act or practice and to enforce compliance with the statute, rule, or order. On a new text end 126.13 new text begin showing that a person has engaged in or is about to engage in an act or practice that new text end 126.14 new text begin constitutes a violation of a statute, rule, or order that the board has adopted or issued new text end 126.15 new text begin or is empowered to enforce, the court shall grant a permanent or temporary injunction, new text end 126.16 new text begin restraining order, or other appropriate relief. new text end 126.17 new text begin (b) For purposes of injunctive relief under this subdivision, irreparable harm exists new text end 126.18 new text begin when the board shows that a person has engaged in or is about to engage in an act or new text end 126.19 new text begin practice that constitutes violation of a statute, rule, or order that the board has adopted or new text end 126.20 new text begin issued or is empowered to enforce. new text end 126.21 new text begin (c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person new text end 126.22 new text begin from criminal prosecution by a competent authority, or from action by the board under new text end 126.23 new text begin subdivision 3, 4, 5, or 6 with respect to the person's license or registration, or application new text end 126.24 new text begin for examination, license, registration, or renewal. new text end 126.25     new text begin Subd. 3. new text end new text begin Cease and desist orders. new text end new text begin (a) The board, or complaint committee if new text end 126.26 new text begin authorized by the board, may issue and have served upon an unlicensed or unregistered new text end 126.27 new text begin person, or a holder of a license or registration, an order requiring the person to cease and new text end 126.28 new text begin desist from an act or practice that constitutes a violation of a statute, rule, or order that new text end 126.29 new text begin the board has adopted or issued or is empowered to enforce. The order must (1) give new text end 126.30 new text begin reasonable notice of the rights of the person named in the order to request a hearing, new text end 126.31 new text begin and (2) state the reasons for the entry of the order. No order may be issued under this new text end 126.32 new text begin subdivision until an investigation of the facts has been conducted under section new text end new text begin . new text end 126.33 new text begin (b) Service of the order under this subdivision is effective when the order is new text end 126.34 new text begin personally served on the person or counsel of record, or served by certified mail to the new text end 126.35 new text begin most recent address provided to the board for the person or counsel of record. new text end 127.1 new text begin (c) The board must hold a hearing under this subdivision not later than 30 days after new text end 127.2 new text begin the board receives the request for the hearing, unless otherwise agreed between the board, new text end 127.3 new text begin or complaint committee if authorized by the board, and the person requesting the hearing. new text end 127.4 new text begin (d) Notwithstanding any rule to the contrary, the administrative law judge must issue new text end 127.5 new text begin a report within 30 days of the close of the contested case hearing. Within 30 days after new text end 127.6 new text begin receiving the report and subsequent exceptions and argument, the board shall issue a new text end 127.7 new text begin further order vacating, modifying, or making permanent the cease and desist order. If no new text end 127.8 new text begin hearing is requested within 30 days of service of the order, the order becomes final and new text end 127.9 new text begin remains in effect until modified or vacated by the board. new text end 127.10     new text begin Subd. 4. new text end new text begin Licensing and registration actions. new text end new text begin (a) With respect to a person who is a new text end 127.11 new text begin holder of or applicant for a license or registration under this chapter, the board may by new text end 127.12 new text begin order deny, refuse to renew, suspend, temporarily suspend, or revoke the application, new text end 127.13 new text begin license, or registration, censure or reprimand the person, refuse to permit the person to new text end 127.14 new text begin sit for examination, or refuse to release the person's examination grades, if the board new text end 127.15 new text begin finds that such an order is in the public interest and that, based on a preponderance of the new text end 127.16 new text begin evidence presented, the person has: new text end 127.17 new text begin (1) violated a statute, rule, or order that the board has adopted or issued or is new text end 127.18 new text begin empowered to enforce; new text end 127.19 new text begin (2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, whether new text end 127.20 new text begin or not the conduct or acts relate to the practice of a profession regulated by this chapter, if new text end 127.21 new text begin the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's new text end 127.22 new text begin ability or fitness to engage in the practice of the profession; new text end 127.23 new text begin (3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate new text end 127.24 new text begin incompetence, or are otherwise in violation of the standards in the rules of the board, new text end 127.25 new text begin where the conduct or acts relate to the practice of a profession regulated by this chapter; new text end 127.26 new text begin (4) employed fraud or deception in obtaining a license, registration, renewal, or new text end 127.27 new text begin reinstatement, or in passing all or a portion of the examination; new text end 127.28 new text begin (5) had a license, registration, right to examine, or other similar authority revoked in new text end 127.29 new text begin another jurisdiction; new text end 127.30 new text begin (6) failed to meet any requirement for issuance or renewal of the person's license new text end 127.31 new text begin or registration; new text end 127.32 new text begin (7) practiced in a profession regulated by this chapter while having an infectious or new text end 127.33 new text begin contagious disease; new text end 127.34 new text begin (8) advertised by means of false or deceptive statements; new text end 127.35 new text begin (9) demonstrated intoxication or indulgence in the use of drugs, including but not new text end 127.36 new text begin limited to narcotics as defined in section new text end new text begin or in United States Code, title 26, section new text end 128.1 new text begin 4731, barbiturates, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants, new text end 128.2 new text begin stimulants, or tranquilizers; new text end 128.3 new text begin (10) demonstrated unprofessional conduct or practice; new text end 128.4 new text begin (11) permitted an employee or other person under the person's supervision or control new text end 128.5 new text begin to practice as a licensee, registrant, or instructor of a profession regulated by this chapter new text end 128.6 new text begin unless that person has (i) a current license or registration issued by the board, (ii) a new text end 128.7 new text begin temporary apprentice permit, or (iii) a temporary permit as an instructor of a profession new text end 128.8 new text begin regulated by the board; new text end 128.9 new text begin (12) practices, offered to practice, or attempted to practice by misrepresentation; new text end 128.10 new text begin (13) failed to display a license or registration as required by rules adopted by the new text end 128.11 new text begin board; new text end 128.12 new text begin (14) used any room or place of practice of a profession regulated by the board that new text end 128.13 new text begin is also used for any other purpose, or used any room or place of practice of a profession new text end 128.14 new text begin regulated by the board that violates the board's rules governing sanitation; new text end 128.15 new text begin (15) failed to use separate and clean towels for each customer or patron, or to discard new text end 128.16 new text begin and launder each towel after being used once; new text end 128.17 new text begin (16) in the case of a licensee, registrant, or other person in charge of any school or new text end 128.18 new text begin place of practice of a profession regulated by the board, (i) failed to supply in a sanitary new text end 128.19 new text begin manner clean hot and cold water in quantities necessary to conduct the service or practice new text end 128.20 new text begin of the profession regulated by the board, (ii) failed to have water and sewer connections new text end 128.21 new text begin from the place of practice or school with municipal water and sewer systems where they new text end 128.22 new text begin are available for use, or (iii) failed or refused to maintain a receptacle for hot water of a new text end 128.23 new text begin capacity of at least five gallons; new text end 128.24 new text begin (17) refused to permit the board to make an inspection permitted or required by this new text end 128.25 new text begin chapter, or failed to provide the board or the attorney general on behalf of the board new text end 128.26 new text begin with any documents or records they request; new text end 128.27 new text begin (18) failed promptly to renew a license or registration when remaining in practice, new text end 128.28 new text begin pay the required fee, or issue a worthless check; new text end 128.29 new text begin (19) failed to supervise an apprentice, or permitted the practice of a profession new text end 128.30 new text begin regulated by the board by a person not registered or licensed with the board or not holding new text end 128.31 new text begin a temporary permit; new text end 128.32 new text begin (20) refused to serve a customer because of race, color, creed, religion, disability, new text end 128.33 new text begin national origin, or sex; new text end 128.34 new text begin (21) failed to comply with a provision of chapter 141 or a provision of another new text end 128.35 new text begin chapter that relates to schools; or new text end 129.1 new text begin (22) with respect to temporary suspension orders, has committed an act, engaged new text end 129.2 new text begin in conduct, or committed practices that the board, or complaint committee if authorized new text end 129.3 new text begin by the board, has determined may result or may have resulted in an immediate threat new text end 129.4 new text begin to the public. new text end 129.5 new text begin (b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a new text end 129.6 new text begin condition of continued licensure or registration, termination of suspension, reinstatement new text end 129.7 new text begin of licensure or registration, examination, or release of examination results, require that new text end 129.8 new text begin the person: new text end 129.9 new text begin (1) submit to a quality review of the person's ability, skills, or quality of work, new text end 129.10 new text begin conducted in a manner and by a person or entity that the board determines; or new text end 129.11 new text begin (2) completes to the board's satisfaction continuing education as the board requires. new text end 129.12 new text begin (c) Service of an order under this subdivision is effective if the order is served in new text end 129.13 new text begin person, or is served by certified mail to the most recent address provided to the board by new text end 129.14 new text begin the licensee, registrant, applicant, or counsel of record. The order must state the reason new text end 129.15 new text begin for the entry of the order. new text end 129.16 new text begin (d) Except as provided in subdivision 5, paragraph (c), all hearings under this new text end 129.17 new text begin subdivision must be conducted in accordance with the Administrative Procedure Act. new text end 129.18     new text begin Subd. 5. new text end new text begin Temporary suspension. new text end new text begin (a) When the board, or complaint committee if new text end 129.19 new text begin authorized by the board, issues a temporary suspension order, the suspension provided for new text end 129.20 new text begin in the order is effective on service of a written copy of the order on the licensee, registrant, new text end 129.21 new text begin or counsel of record. The order must specify the statute, rule, or order violated by the new text end 129.22 new text begin licensee or registrant. The order remains in effect until the board issues a final order in the new text end 129.23 new text begin matter after a hearing, or on agreement between the board and the licensee or registrant. new text end 129.24 new text begin (b) An order under this subdivision may (1) prohibit the licensee or registrant from new text end 129.25 new text begin engaging in the practice of a profession regulated by the board in whole or in part, as the new text end 129.26 new text begin facts require, and (2) condition the termination of the suspension on compliance with a new text end 129.27 new text begin statute, rule, or order that the board has adopted or issued or is empowered to enforce. new text end 129.28 new text begin The order must state the reasons for entering the order and must set forth the right to new text end 129.29 new text begin a hearing as provided in this subdivision. new text end 129.30 new text begin (c) Within ten days after service of an order under this subdivision, the licensee or new text end 129.31 new text begin registrant may request a hearing in writing. The board must hold a hearing before its own new text end 129.32 new text begin members within five working days of the request for a hearing. The sole issue at the new text end 129.33 new text begin hearing must be whether there is a reasonable basis to continue, modify, or terminate the new text end 129.34 new text begin temporary suspension. The hearing is not subject to the Administrative Procedure Act. new text end 129.35 new text begin Evidence presented to the board or the licensee or registrant may be in affidavit form only. new text end 129.36 new text begin The licensee, registrant, or counsel of record may appear for oral argument. new text end 130.1 new text begin (d) Within five working days after the hearing, the board shall issue its order and, if new text end 130.2 new text begin the order continues the suspension, shall schedule a contested case hearing within 30 days new text end 130.3 new text begin of the issuance of the order. Notwithstanding any rule to the contrary, the administrative new text end 130.4 new text begin law judge shall issue a report within 30 days after the closing of the contested case hearing new text end 130.5 new text begin record. The board shall issue a final order within 30 days of receiving the report. new text end 130.6     new text begin Subd. 6. new text end new text begin Violations; penalties; costs. new text end new text begin (a) The board may impose a civil penalty of new text end 130.7 new text begin up to $2,000 per violation on a person who violates a statute, rule, or order that the board new text end 130.8 new text begin has adopted or issued or is empowered to enforce. new text end 130.9 new text begin (b) In addition to any penalty under paragraph (a), the board may impose a fee new text end 130.10 new text begin to reimburse the board for all or part of the cost of (1) the proceedings resulting in new text end 130.11 new text begin disciplinary action authorized under this section, (2) the imposition of a civil penalty under new text end 130.12 new text begin paragraph (a), or (3) the issuance of a cease and desist order. The board may impose a new text end 130.13 new text begin fee under this paragraph when the board shows that the position of the person who has new text end 130.14 new text begin violated a statute, rule, or order that the board has adopted or issued or is empowered to new text end 130.15 new text begin enforce is not substantially justified unless special circumstances make such a fee unjust, new text end 130.16 new text begin notwithstanding any rule to the contrary. Costs under this paragraph include, but are not new text end 130.17 new text begin limited to, the amount paid by the board for services from the Office of Administrative new text end 130.18 new text begin Hearings, attorney fees, court reporter costs, witness costs, reproduction of records, board new text end 130.19 new text begin members' compensation, board staff time, and expenses incurred by board members and new text end 130.20 new text begin staff. new text end 130.21 new text begin (c) All hearings under this subdivision must be conducted in accordance with the new text end 130.22 new text begin Administrative Procedure Act. new text end 130.23     new text begin Subd. 7. new text end new text begin Reinstatement. new text end new text begin Upon petition of the former or suspended licensee or new text end 130.24 new text begin registrant, the board may reinstate a suspended, revoked, or surrendered license or new text end 130.25 new text begin registration. The board may in its sole discretion place any conditions on reinstatement of new text end 130.26 new text begin a suspended, revoked, or surrendered license or registration that it finds appropriate and new text end 130.27 new text begin necessary to ensure that the purposes of this chapter are met. No license or registration new text end 130.28 new text begin may be reinstated until the former licensee or registrant has completed at least one-half new text end 130.29 new text begin of the suspension period. new text end 130.30    Sec. 8. new text begin [155A.20] BOARD OF COSMETOLOGIST EXAMINERS CREATED; new text end 130.31 new text begin TERMS. new text end 130.32 new text begin (a) A Board of Cosmetologist Examiners is established to consist of three new text end 130.33 new text begin cosmetologist members and one public member, as defined in section 214.02, appointed new text end 130.34 new text begin by the governor. new text end 131.1 new text begin (b) All cosmetologist members must be currently licensed in the field of cosmetology new text end 131.2 new text begin in Minnesota, have practiced in the licensed occupation for at least five years immediately new text end 131.3 new text begin prior to their appointment, be graduates from grade 12 of high school or have equivalent new text end 131.4 new text begin education, and have knowledge of sections new text end new text begin to new text end new text begin and Minnesota Rules, chapters new text end 131.5 new text begin 2105 and 2110. The cosmetologist members shall be members of, or recommended by, a new text end 131.6 new text begin professional organization of cosmetologists, manicurists, or estheticians. new text end 131.7 new text begin (c) Membership terms, compensation of members, removal of members, the filling new text end 131.8 new text begin of membership vacancies, and fiscal year and reporting requirements shall be as provided new text end 131.9 new text begin in sections new text end new text begin to new text end new text begin . The provision of staff, administrative services, and office new text end 131.10 new text begin space; the review and processing of complaints; the setting of board fees; and other new text end 131.11 new text begin provisions relating to board operations shall be as provided in chapter 214. new text end 131.12 new text begin (d) Members appointed to fill vacancies caused by death, resignation, or removal new text end 131.13 new text begin shall serve during the unexpired term of their predecessors. new text end 131.14    Sec. 9. Minnesota Statutes 2008, section 178.02, subdivision 2, is amended to read: 131.15    Subd. 2. Terms. The board shall new text begin not new text end expire new text begin . new text end and The terms, compensation, and 131.16removal of appointed members shall be as provided in section 15.059. 131.17    Sec. 10. Minnesota Statutes 2008, section 182.656, subdivision 3, is amended to read: 131.18    Subd. 3. Meetings; expiration of council. A majority of the council members 131.19constitutes a quorum. The council shall meet at the call of its chair, or upon request of any 131.20six members. A tape recording of the meeting with the tape being retained for a one-year 131.21period will be available upon the request and payment of costs to any interested party. The 131.22council shall expire and the terms, compensation, and removal of members shall be as 131.23provided in section 15.059, except that the council shall not expire before June 30, 2003. 131.24    Sec. 11. Minnesota Statutes 2008, section 214.01, subdivision 3, is amended to read: 131.25    Subd. 3. Non-health-related licensing board. "Non-health-related licensing 131.26board" means the Board of Teaching established pursuant to section 122A.07, the Board 131.27of Barber Examiners established pursuant to section 154.001, new text begin the Board of Cosmetologist new text end 131.28 new text begin Examiners established pursuant to section 155A.20, new text end the Board of Assessors established 131.29pursuant to section 270.41, the Board of Architecture, Engineering, Land Surveying, 131.30Landscape Architecture, Geoscience, and Interior Design established pursuant to section 131.31326.04 , the Private Detective and Protective Agent Licensing Board established pursuant 131.32to section 326.33, the Board of Accountancy established pursuant to section 326A.02, and 131.33the Peace Officer Standards and Training Board established pursuant to section 626.841. 132.1    Sec. 12. Minnesota Statutes 2008, section 214.04, subdivision 3, is amended to read: 132.2    Subd. 3. Officers; staff. The executive director of each health-related board and 132.3the executive secretary of each non-health-related board shall be the chief administrative 132.4officer for the board but shall not be a member of the board. The executive director or 132.5executive secretary shall maintain the records of the board, account for all fees received 132.6by it, supervise and direct employees servicing the board, and perform other services as 132.7directed by the board. The executive directors, executive secretaries, and other employees 132.8of the following boards shall be hired by the board, and the executive directors or executive 132.9secretaries shall be in the unclassified civil service, except as provided in this subdivision: 132.10    (1) Dentistry; 132.11    (2) Medical Practice; 132.12    (3) Nursing; 132.13    (4) Pharmacy; 132.14    (5) Accountancy; 132.15    (6) Architecture, Engineering, Land Surveying, Landscape Architecture, 132.16Geoscience, and Interior Design; 132.17    (7) Barber Examiners; 132.18    (8) Cosmetology new text begin Cosmetologist Examiners new text end ; 132.19    (9) Teaching; 132.20    (10) Peace Officer Standards and Training; 132.21    (11) Social Work; 132.22    (12) Marriage and Family Therapy; 132.23    (13) Dietetics and Nutrition Practice; 132.24    (14) Licensed Professional Counseling; and 132.25    (15) Combative Sports Commission. 132.26    The executive directors or executive secretaries serving the boards are hired by those 132.27boards and are in the unclassified civil service, except for part-time executive directors 132.28or executive secretaries, who are not required to be in the unclassified service. Boards 132.29not requiring full-time executive directors or executive secretaries may employ them on 132.30a part-time basis. To the extent practicable, the sharing of part-time executive directors 132.31or executive secretaries by boards being serviced by the same department is encouraged. 132.32Persons providing services to those boards not listed in this subdivision, except executive 132.33directors or executive secretaries of the boards and employees of the attorney general, are 132.34classified civil service employees of the department servicing the board. To the extent 132.35practicable, the commissioner shall ensure that staff services are shared by the boards 133.1being serviced by the department. If necessary, a board may hire part-time, temporary 133.2employees to administer and grade examinations. 133.3    Sec. 13. Minnesota Statutes 2008, section 216B.1612, subdivision 2, is amended to 133.4read: 133.5    Subd. 2. Definitions. (a) The terms used in this section have the meanings given 133.6them in this subdivision. 133.7    (b) "C-BED tariff" or "tariff" means a community-based energy development tariff. 133.8    (c) "Qualifying owner" means: 133.9    (1) a Minnesota resident; 133.10    (2) a limited liability company that is organized under chapter 322B and that is made 133.11up of members who are Minnesota residents; 133.12    (3) a Minnesota nonprofit organization organized under chapter 317A; 133.13    (4) a Minnesota cooperative association organized under chapter 308A or 308B, 133.14including a rural electric cooperative association or a generation and transmission 133.15cooperative on behalf of and at the request of a member distribution utility; 133.16    (5) a Minnesota political subdivision or local government including, but not limited 133.17to, a municipal electric utility, or a municipal power agency on behalf of and at the request 133.18of a member distribution utility, new text begin the office of the commissioner of Iron Range resources new text end 133.19 new text begin and rehabilitation, new text end a county, statutory or home rule charter city, town, school district, or 133.20public or private higher education institution or any other local or regional governmental 133.21organization such as a board, commission, or association; or 133.22    (6) a tribal council. 133.23    (d) "Net present value rate" means a rate equal to the net present value of the 133.24nominal payments to a project divided by the total expected energy production of the 133.25project over the life of its power purchase agreement. 133.26    (e) "Standard reliability criteria" means: 133.27    (1) can be safely integrated into and operated within the utility's grid without causing 133.28any adverse or unsafe consequences; and 133.29    (2) is consistent with the utility's resource needs as identified in its most recent 133.30resource plan submitted under section 216B.2422. 133.31    (f) "Renewable" refers to a technology listed in section 216B.1691, subdivision 1, 133.32paragraph (a). 133.33    (g) "Community-based energy development project" or "C-BED project" means a 133.34new renewable energy project that either as a stand-alone project or part of a partnership 133.35under subdivision 8: 134.1    (1) has no single qualifying owner owning more than 15 percent of a C-BED wind 134.2energy project unless: (i) the C-BED wind energy project consists of only one or two 134.3turbines; or (ii) the qualifying owner is a public entity listed under paragraph (c), clause 134.4(5), that is not a municipal utility; 134.5    (2) demonstrates that at least 51 percent of the gross revenues from a power 134.6purchase agreement over the life of the project will flow to qualifying owners and other 134.7local entities; and 134.8    (3) has a resolution of support adopted by the county board of each county in which 134.9the project is to be located, or in the case of a project located within the boundaries of a 134.10reservation, the tribal council for that reservation. 134.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 134.12    Sec. 14. Minnesota Statutes 2008, section 298.2213, subdivision 5, is amended to read: 134.13    Subd. 5. Advisory committees. Before submission to the board of a proposal for a 134.14project for expenditure of money appropriated under this section, the commissioner of Iron 134.15Range resources and rehabilitation shall appoint a technical advisory committee consisting 134.16of at least seven persons who are knowledgeable in areas related to the objectives of 134.17the proposal. If the project involves investment in a scientific research proposal, at 134.18least four of the committee members must be knowledgeable in the specific scientific 134.19research area relating to the project. Members of the committees must be compensated as 134.20provided in section 15.059, subdivision 3. The board shall not act on a proposal until it 134.21has received the evaluation and recommendations of the technical advisory committee. 134.22 new text begin Notwithstanding section 15.059, the committees do not expire. new text end 134.23    Sec. 15. Minnesota Statutes 2008, section 298.2214, subdivision 1, is amended to read: 134.24    Subdivision 1. Creation of committee; purpose. A committee is created to 134.25advise the commissioner of Iron Range resources and rehabilitation on providing higher 134.26education programs in the taconite assistance area defined in section 273.1341. The 134.27committee is subject to section 15.059 new text begin but does not expire new text end . 134.28    Sec. 16. Minnesota Statutes 2008, section 298.297, is amended to read: 134.29298.297 ADVISORY COMMITTEES. 134.30Before submission of a project to the board, the commissioner of Iron Range 134.31resources and rehabilitation shall appoint a technical advisory committee consisting of 134.32one or more persons who are knowledgeable in areas related to the objectives of the 135.1proposal. Members of the committees shall be compensated as provided in section 15.059, 135.2subdivision 3 . The board shall not act on a proposal until it has received the evaluation 135.3and recommendations of the technical advisory committee or until 15 days have elapsed 135.4since the proposal was transmitted to the advisory committee, whichever occurs first. 135.5 new text begin Notwithstanding section 15.059, the committees do not expire. new text end 135.6    Sec. 17. Laws 2007, chapter 135, article 1, section 16, is amended to read: 135.7 Sec. 16. TRANSFERS135.8The commissioner of labor and industry shall 135.9transfer $1,627,000 by June 30, 2008, and 135.10$1,515,000 by June 30, 2009, and each year 135.11thereafter, from the construction code fund to 135.12the general fund. 135.13Of the balance remaining in Laws 2005, First 135.14Special Session chapter 1, article 3, section 135.152, subdivision 2, for the methamphetamine 135.16laboratory cleanup revolving loan fund, 135.17$100,000 is for transfer to the small 135.18community wastewater treatment account 135.19established in Minnesota Statutes, section 135.20446A.075, subdivision 1 . 135.21    Sec. 18. new text begin TRANSFER OF AUTHORITY AND STAFF. new text end 135.22     new text begin Subdivision 1. new text end new text begin Transfer of authority. new text end new text begin (a) The responsibilities of the Board of new text end 135.23 new text begin Barber and Cosmetologist Examiners covered in Minnesota Statutes 2008, sections new text end 135.24 new text begin 154.001 to 154.26, are transferred under Minnesota Statutes, section 15.039, to the Board new text end 135.25 new text begin of Barber Examiners. new text end 135.26 new text begin (b) The responsibilities of the Board of Barber and Cosmetologist Examiners new text end 135.27 new text begin covered in Minnesota Statutes 2008, sections 154.40 to 154.54, are transferred under new text end 135.28 new text begin Minnesota Statutes, section 15.039, to the Board of Cosmetologist Examiners. new text end 135.29     new text begin Subd. 2. new text end new text begin Rulemaking. new text end new text begin Rulemaking authority pursuant to Minnesota Statutes new text end 135.30 new text begin 2008, sections 154.001 to 154.26, of the Board of Barber and Cosmetologist Examiners new text end 135.31 new text begin is transferred to the Board of Barber Examiners. Rulemaking authority pursuant to new text end 135.32 new text begin Minnesota Statutes 2008, sections 154.40 to 154.54, of the Board of Barber and new text end 135.33 new text begin Cosmetologist Examiners is transferred to the Board of Cosmetologist Examiners. All new text end 136.1 new text begin rules adopted by the Board of Barber and Cosmetologist Examiners in Minnesota Rules, new text end 136.2 new text begin chapter 2100, remain in effect and shall be enforced until amended or repealed according new text end 136.3 new text begin to law by the Board of Barber Examiners. All rules adopted by the Board of Barber new text end 136.4 new text begin and Cosmetologist Examiners in Minnesota Rules, chapters 2105 and 2110, remain in new text end 136.5 new text begin effect and shall be enforced until amended or repealed according to law by the Board of new text end 136.6 new text begin Cosmetologist Examiners. new text end 136.7     new text begin Subd. 3. new text end new text begin Transfer of board members. new text end new text begin The board members serving in unexpired new text end 136.8 new text begin terms appointed to the Board of Barber and Cosmetologist Examiners pursuant to new text end 136.9 new text begin Minnesota Statutes 2008, section 154.001, paragraph (b), shall be appointed to serve the new text end 136.10 new text begin remainder of their terms as members of the Board of Barber Examiners, notwithstanding new text end 136.11 new text begin the requirements of Minnesota Statutes, section 154.001, subdivision 2. The board new text end 136.12 new text begin members serving in unexpired terms appointed to the Board of Barber and Cosmetologist new text end 136.13 new text begin Examiners pursuant to Minnesota Statutes 2008, section 154.001, paragraph (c), shall be new text end 136.14 new text begin appointed to serve the remainder of their terms as members of the Board of Cosmetologist new text end 136.15 new text begin Examiners, notwithstanding the requirements of Minnesota Statutes, section 155A.20. new text end 136.16     new text begin Subd. 4. new text end new text begin Transfer of staff. new text end new text begin (a) The staff of the Board of Barber and Cosmetologist new text end 136.17 new text begin Examiners is transferred to the Board of Barber Examiners and the Board of Cosmetologist new text end 136.18 new text begin Examiners under Minnesota Statutes, section 15.039, according to the requirements of new text end 136.19 new text begin paragraph (b). In addition to any other protection, no employee shall suffer job loss, new text end 136.20 new text begin have a salary reduced, or have employment benefits reduced as a result of the transfer new text end 136.21 new text begin of authority from the Board of Barber and Cosmetologist Examiners recommended or new text end 136.22 new text begin mandated by this section. No action taken after January 1, 2010, shall be considered a new text end 136.23 new text begin result of the transfer of authority for the purposes of this section. new text end 136.24 new text begin (b) On or before June 1, 2009, the Board of Barber and Cosmetologist Examiners new text end 136.25 new text begin must designate to which board each employee will transfer to under paragraph (a), and the new text end 136.26 new text begin board must notify each affected employee of the designation in writing. new text end 136.27     new text begin Subd. 5. new text end new text begin Exemption from hiring freeze. new text end new text begin Notwithstanding any law, policy, or new text end 136.28 new text begin executive order that restricts the hiring of new employees or institutes a hiring freeze, the new text end 136.29 new text begin Board of Barber Examiners and the Board of Cosmetologist Examiners may hire staff new text end 136.30 new text begin necessary to accomplish their statutory duties. This exemption expires on December new text end 136.31 new text begin 31, 2009. new text end 136.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, except that the new text end 136.33 new text begin requirements of subdivision 4, paragraph (b), are effective the day following final new text end 136.34 new text begin enactment. new text end 136.35    Sec. 19. new text begin COMMISSIONER OF FINANCE TO ALLOCATE FUNDS. new text end 137.1 new text begin The commissioner of finance shall allocate the 2010 and 2011 appropriations to the new text end 137.2 new text begin Board of Barber and Cosmetologist Examiners between the Board of Barber Examiners new text end 137.3 new text begin and the Board of Cosmetologist Examiners in a ratio that each organization received new text end 137.4 new text begin when it was separate. new text end 137.5    Sec. 20. new text begin REVISOR'S INSTRUCTION. new text end 137.6 new text begin (a) The revisor of statutes shall delete "Board of Barber and Cosmetologist new text end 137.7 new text begin Examiners" and substitute "board" or "Board of Barber Examiners," as appropriate, new text end 137.8 new text begin wherever it appears in Minnesota Statutes, sections 154.001 to 154.26, and Minnesota new text end 137.9 new text begin Rules, chapter 2100. new text end 137.10 new text begin (b) The revisor of statutes shall delete "Board of Barber and Cosmetologist new text end 137.11 new text begin Examiners" and substitute "board" or "Board of Cosmetologist Examiners," as appropriate, new text end 137.12 new text begin wherever it appears in Minnesota Statutes, sections 154.40 to 154.54, and Minnesota new text end 137.13 new text begin Rules, chapters 2105 and 2110. new text end 137.14 new text begin (c) The revisor of statutes shall renumber each section of Minnesota Statutes listed new text end 137.15 new text begin in column A with the number listed in column B. The revisor shall also make necessary new text end 137.16 new text begin cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the new text end 137.17 new text begin renumbering. new text end 137.18 new text begin Column A new text end new text begin Column B new text end 137.19 new text begin 154.40 new text end new text begin 155A.21 new text end 137.20 new text begin 154.41 new text end new text begin 155A.22 new text end 137.21 new text begin 154.42 new text end new text begin 155A.23 new text end 137.22 new text begin 154.43 new text end new text begin 155A.24 new text end 137.23 new text begin 154.44 new text end new text begin 155A.25 new text end 137.24 new text begin 154.45 new text end new text begin 155A.26 new text end 137.25 new text begin 154.46 new text end new text begin 155A.27 new text end 137.26 new text begin 154.465 new text end new text begin 155A.28 new text end 137.27 new text begin 154.47 new text end new text begin 155A.29 new text end 137.28 new text begin 154.48 new text end new text begin 155A.30 new text end 137.29 new text begin 154.49 new text end new text begin 155A.31 new text end 137.30 new text begin 154.50 new text end new text begin 155A.32 new text end 137.31 new text begin 154.51 new text end new text begin 155A.33 new text end 137.32 new text begin 154.52 new text end new text begin 155A.34 new text end 137.33 new text begin 154.53 new text end new text begin 155A.35 new text end 137.34 new text begin 154.54 new text end new text begin 155A.36 new text end 137.35    Sec. 21. new text begin REPEALER. new text end 137.36 new text begin Minnesota Statutes 2008, section 176.135, subdivision 1b, new text end new text begin is repealed. new text end 138.1ARTICLE 8 138.2IRON RANGE RESOURCES 138.3    Section 1. Minnesota Statutes 2008, section 116J.424, is amended to read: 138.4116J.424 IRON RANGE RESOURCES AND REHABILITATION BOARD 138.5CONTRIBUTION. 138.6The commissioner of the Iron Range Resources and Rehabilitation Board with 138.7approval of the board new text begin by at least seven Iron Range Resources and Rehabilitation Board new text end 138.8 new text begin members, new text end shall provide an equal match for any loan or equity investment made for a 138.9facility located in the tax relief area defined in section 273.134, paragraph (b), by the 138.10Minnesota minerals 21st century fund created by section 116J.423. The match may be 138.11in the form of a loan or equity investment, notwithstanding whether the fund makes a 138.12loan or equity investment. The state shall not acquire an equity interest because of an 138.13equity investment or loan by the board and the board at its sole discretion shall decide 138.14what interest it acquires in a project. The commissioner of employment and economic 138.15development may require a commitment from the board to make the match prior to 138.16disbursing money from the fund. 138.17    Sec. 2. new text begin [298.217] IRON RANGE RESOURCES AND REHABILITATION; new text end 138.18 new text begin EARLY SEPARATION INCENTIVE PROGRAM AUTHORIZATION. new text end 138.19 new text begin (a) Notwithstanding any law to the contrary, the commissioner of Iron Range new text end 138.20 new text begin resources and rehabilitation, in consultation with the commissioner of management and new text end 138.21 new text begin budget, may offer a targeted early separation incentive program for employees of the new text end 138.22 new text begin commissioner who have attained the age of 60 years or who have received credit for at new text end 138.23 new text begin least 30 years of allowable service under the provisions of chapter 352. new text end 138.24 new text begin (b) The early separation incentive program may include one or more of the following: new text end 138.25 new text begin (1) employer-paid postseparation health, medical, and dental insurance until age new text end 138.26 new text begin 65; and new text end 138.27 new text begin (2) cash incentives that may, but are not required to be, used to purchase additional new text end 138.28 new text begin years of service credit through the Minnesota State Retirement System, to the extent that new text end 138.29 new text begin the purchases are otherwise authorized by law. new text end 138.30 new text begin (c) The commissioner of Iron Range resources and rehabilitation shall establish new text end 138.31 new text begin eligibility requirements for employees to receive an incentive. new text end 138.32 new text begin (d) The commissioner of Iron Range resources and rehabilitation, consistent with the new text end 138.33 new text begin established program provisions under paragraph (b), and with the eligibility requirements new text end 139.1 new text begin under paragraph (c), may designate specific programs or employees as eligible to be new text end 139.2 new text begin offered the incentive program. new text end 139.3 new text begin (e) Acceptance of the offered incentive must be voluntary on the part of the new text end 139.4 new text begin employee and must be in writing. The incentive may only be offered at the sole discretion new text end 139.5 new text begin of the commissioner of Iron Range resources and rehabilitation. new text end 139.6 new text begin (f) The cost of the incentive is payable solely by funds made available to the new text end 139.7 new text begin commissioner of Iron Range resources and rehabilitation by law, but only on prior approval new text end 139.8 new text begin of the expenditures by a majority of the Iron Range Resources and Rehabilitation Board. new text end 139.9 new text begin (g) This section and section 298.218 are repealed June 30, 2011. new text end 139.10    Sec. 3. new text begin [298.218] APPLICATION OF OTHER LAWS. new text end 139.11 new text begin Unilateral implementation of section 298.217 by the commissioner of Iron Range new text end 139.12 new text begin resources and rehabilitation is not an unfair labor practice under chapter 179A. new text end 139.13    Sec. 4. Minnesota Statutes 2008, section 298.22, subdivision 2, is amended to read: 139.14    Subd. 2. Iron Range Resources and Rehabilitation Board. There is hereby 139.15created the Iron Range Resources and Rehabilitation Board, consisting of 13 members, 139.16five of whom are state senators appointed by the Subcommittee on Committees of the 139.17Rules Committee of the senate, and five of whom are representatives, appointed by the 139.18speaker of the house. The remaining members shall be appointed one each by the senate 139.19majority leader, the speaker of the house, and the governor and must be nonlegislators 139.20who reside in a taconite assistance area as defined in section 273.1341. The members shall 139.21be appointed in January of every odd-numbered year, except that the initial nonlegislator 139.22members shall be appointed by July 1, 1999, and shall serve until January of the next 139.23odd-numbered year. Vacancies on the board shall be filled in the same manner as the 139.24original members were chosen. At least a majority of the legislative members of the board 139.25shall be elected from state senatorial or legislative districts in which over 50 percent 139.26of the residents reside within a taconite assistance area as defined in section 273.1341. 139.27All expenditures and projects made by the commissioner of Iron Range resources and 139.28rehabilitation shall be consistent with the priorities established in subdivision 8 and shall 139.29first be submitted to the Iron Range Resources and Rehabilitation Board for approval new text begin of new text end 139.30 new text begin expenditures and projects for rehabilitation purposes as provided by this section, and new text end 139.31 new text begin the method, manner, and time of payment of all funds proposed to be disbursed, new text end by a 139.32majority of the board of expenditures and projects for rehabilitation purposes as provided 139.33by this section, and the method, manner, and time of payment of all funds proposed to be 139.34disbursed shall be first approved or disapproved by the board new text begin at least seven Iron Range new text end 140.1 new text begin Resources and Rehabilitation Board members new text end . The board shall biennially make its report 140.2to the governor and the legislature on or before November 15 of each even-numbered 140.3year. The expenses of the board shall be paid by the state from the funds raised pursuant to 140.4this section. Members of the board who are legislators may be reimbursed for expenses 140.5in the manner provided in sections 3.099, subdivision 1, and 3.101, and may receive per 140.6diem payments during the interims between legislative sessions in the manner provided 140.7in section 3.099, subdivision 1. Members of the board who are not legislators may 140.8receive per diem payments and be reimbursed for expenses at the lowest rate provided 140.9for legislative members. 140.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 140.11    Sec. 5. Minnesota Statutes 2008, section 298.22, subdivision 5a, is amended to read: 140.12    Subd. 5a. Forest trust. The commissioner, upon the affirmative vote of a majority 140.13of the members of the board, new text begin of at least seven Iron Range Resources and Rehabilitation new text end 140.14 new text begin Board members, new text end may purchase forest lands in the taconite assistance area defined in under 140.15section 273.1341 with funds specifically authorized for the purchase. The acquired forest 140.16lands must be held in trust for the benefit of the citizens of the taconite assistance area 140.17as the Iron Range Miners' Memorial Forest. The forest trust lands shall be managed and 140.18developed for recreation and economic development purposes. The commissioner, upon 140.19the affirmative vote of a majority of the members of the board, new text begin of at least seven Iron Range new text end 140.20 new text begin Resources and Rehabilitation Board members, new text end may sell forest lands purchased under this 140.21subdivision if the board finds that the sale advances the purposes of the trust. Proceeds 140.22derived from the management or sale of the lands and from the sale of timber or removal 140.23of gravel or other minerals from these forest lands shall be deposited into an Iron Range 140.24Miners' Memorial Forest account that is established within the state financial accounts. 140.25Funds may be expended from the account upon approval of a majority of the members 140.26of the board new text begin by at least seven Iron Range Resources and Rehabilitation Board members, new text end 140.27to purchase, manage, administer, convey interests in, and improve the forest lands. By 140.28majority new text begin an affirmative new text end vote of the members of the board, new text begin of at least seven Iron Range new text end 140.29 new text begin Resources and Rehabilitation Board members, new text end money in the Iron Range Miners' Memorial 140.30Forest account may be transferred into the corpus of the Douglas J. Johnson economic 140.31protection trust fund established under sections 298.291 to 298.294. The property acquired 140.32under the authority granted by this subdivision and income derived from the property or 140.33the operation or management of the property are exempt from taxation by the state or its 140.34political subdivisions while held by the forest trust. 141.1    Sec. 6. Minnesota Statutes 2008, section 298.22, subdivision 6, is amended to read: 141.2    Subd. 6. Private entity participation. The board may acquire an equity interest in 141.3any project for which it provides funding. The commissioner may establish, participate in 141.4the management of, and dispose of the assets of charitable foundations new text begin , nonprofit limited new text end 141.5 new text begin liability companies, new text end and nonprofit corporations associated with any project for which it 141.6provides funding, including specifically, but without limitation, a corporation within the 141.7meaning of section 317A.011, subdivision 6. 141.8    Sec. 7. Minnesota Statutes 2008, section 298.22, subdivision 7, is amended to read: 141.9    Subd. 7. Project area development authority. (a) In addition to the other powers 141.10granted in this section and other law and notwithstanding any limitations contained in 141.11subdivision 5, the commissioner, for purposes of fostering economic development and 141.12tourism within the Giants Ridge Recreation Area or the Ironworld Discovery Center area, 141.13may spend any money made available to the agency under section 298.28 to acquire real 141.14or personal property or interests therein by gift, purchase, or lease and may convey by 141.15lease, sale, or other means of conveyance or commitment any or all property interests 141.16owned or administered by the commissioner within such areas. 141.17(b) In furtherance of development of the Giants Ridge Recreation Area or the 141.18Ironworld Discovery Center area, the commissioner may establish and participate in 141.19charitable foundations new text begin , nonprofit limited liability companies, new text end and nonprofit corporations, 141.20including a corporation within the meaning of section 317A.011, subdivision 6. 141.21(c) The term "Giants Ridge recreation area" refers to an economic development 141.22project area established by the commissioner in furtherance of the powers delegated in this 141.23section within St. Louis County in the western new text begin following new text end portions of the town of White and 141.24in the eastern portion of the westerly, adjacent, unorganized township. new text begin city of Biwabik: new text end 141.25 new text begin Township 59 North, Range 15 West, Sections 7, 8, 17-20 and 29-32; new text end 141.26 new text begin Township 59 North, Range 16 West, Sections 12, 13, 24, 25, and 36; new text end 141.27 new text begin Township 58 North, Range 16 West, Section 1; and new text end 141.28 new text begin Township 58 North, Range 15 West, Sections 5 and 6. new text end 141.29(d) The term "Ironworld Discovery Center area" refers to new text begin means new text end an economic 141.30development and tourism promotion project area established by the commissioner in 141.31furtherance of the powers delegated in this section within St. Louis County in the south 141.32portion of the town of Balkan. 141.33    Sec. 8. Minnesota Statutes 2008, section 298.22, subdivision 8, is amended to read: 142.1    Subd. 8. Spending priority. In making or approving any expenditures on programs 142.2or projects, the commissioner and the board shall give the highest priority to programs 142.3and projects that target relief to those areas of the taconite assistance area as defined in 142.4section 273.1341, that have the largest percentages of job losses and population losses 142.5directly attributable to the economic downturn in the taconite industry since the 1980s. 142.6The commissioner and the board shall compare the 1980 population and employment 142.7figures with the 2000 population and employment figures, and shall specifically consider 142.8the job losses in 2000 and 2001 resulting from the closure of LTV Steel Mining Company, 142.9in making or approving expenditures consistent with this subdivision, as well as the areas 142.10of residence of persons who suffered job loss for which relief is to be targeted under this 142.11subdivision. The commissioner may lease, for a term not exceeding 50 years and upon 142.12the terms determined by the commissioner and approved by the board new text begin at least seven Iron new text end 142.13 new text begin Range Resources and Rehabilitation Board members new text end , surface and mineral interests owned 142.14or acquired by the state of Minnesota acting by and through the office of the commissioner 142.15of Iron Range resources and rehabilitation within those portions of the taconite assistance 142.16area affected by the closure of the LTV Steel Mining Company facility near Hoyt Lakes. 142.17The payments and royalties from these leases must be deposited into the fund established 142.18in section 298.292. This subdivision supersedes any other conflicting provisions of law 142.19and does not preclude the commissioner and the board from making expenditures for 142.20programs and projects in other areas. 142.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 142.22    Sec. 9. Minnesota Statutes 2008, section 298.22, subdivision 10, is amended to read: 142.23    Subd. 10. Sale or privatization of functions. The commissioner of Iron Range 142.24resources and rehabilitation may not sell or privatize the Ironworld Discovery Center or 142.25Giants Ridge Golf and Ski Resort without prior approval by a majority vote of the board new text begin at new text end 142.26 new text begin least seven Iron Range Resources and Rehabilitation Board members new text end . 142.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 142.28    Sec. 10. Minnesota Statutes 2008, section 298.22, subdivision 11, is amended to read: 142.29    Subd. 11. Budgeting. The commissioner of Iron Range resources and rehabilitation 142.30shall annually prepare a budget for operational expenditures, programs, and projects, and 142.31submit it to the Iron Range Resources and Rehabilitation Board and the governor for 142.32approval. After the budget is approved by the board new text begin at least seven Iron Range Resources new text end 143.1 new text begin and Rehabilitation Board members new text end and the governor, the commissioner may spend money 143.2in accordance with the approved budget. 143.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 143.4    Sec. 11. Minnesota Statutes 2008, section 298.221, is amended to read: 143.5298.221 RECEIPTS FROM CONTRACTS; APPROPRIATION. 143.6(a) Except as provided in paragraph (c), all money paid to the state of Minnesota 143.7pursuant to the terms of any contract entered into by the state under authority of section 143.8298.22 and any fees which may, in the discretion of the commissioner of Iron Range 143.9resources and rehabilitation, be charged in connection with any project pursuant to that 143.10section as amended, shall be deposited in the state treasury to the credit of the Iron Range 143.11Resources and Rehabilitation Board account in the special revenue fund and are hereby 143.12appropriated for the purposes of section 298.22. 143.13(b) Notwithstanding section 16A.013, merchandise may be accepted by the 143.14commissioner of the Iron Range Resources and Rehabilitation Board for payment of 143.15advertising contracts if the commissioner determines that the merchandise can be used 143.16for special event prizes or mementos at facilities operated by the board. Nothing in this 143.17paragraph authorizes the commissioner or a member of the board to receive merchandise 143.18for personal use. 143.19(c) All fees charged by the commissioner in connection with public use of the 143.20state-owned ski and golf facilities at the Giants Ridge Recreation Area and all other 143.21revenues derived by the commissioner from the operation or lease of those facilities 143.22and from the lease, sale, or other disposition of undeveloped lands at the Giants Ridge 143.23Recreation Area must be deposited into an Iron Range Resources and Rehabilitation 143.24Board account that is created within the state enterprise fund. All funds deposited in the 143.25enterprise fund account are appropriated to the commissioner to be expended, subject 143.26to approval of a majority of the board, new text begin by at least seven Iron Range Resources and new text end 143.27 new text begin Rehabilitation Board members, new text end as follows: 143.28(1) to pay costs associated with the construction, equipping, operation, repair, or 143.29improvement of the Giants Ridge Recreation Area facilities or lands; 143.30(2) to pay principal, interest and associated bond issuance, reserve, and servicing 143.31costs associated with the financing of the facilities; and 143.32(3) to pay the costs of any other project authorized under section 298.22. 143.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 144.1    Sec. 12. Minnesota Statutes 2008, section 298.2211, subdivision 3, is amended to read: 144.2    Subd. 3. Project approval. All projects authorized by this section shall be 144.3submitted by the commissioner to the Iron Range Resources and Rehabilitation Board, 144.4which shall recommend approval or disapproval or modification of the projects new text begin for new text end 144.5 new text begin approval by at least seven Iron Range Resources and Rehabilitation Board members new text end . 144.6Prior to the commencement of a project involving the exercise by the commissioner of 144.7any authority of sections 469.174 to 469.179, the governing body of each municipality in 144.8which any part of the project is located and the county board of any county containing 144.9portions of the project not located in an incorporated area shall by majority vote approve 144.10or disapprove the project. Any project, as so approved by the board new text begin at least seven Iron new text end 144.11 new text begin Range Resources and Rehabilitation Board members new text end and the applicable governing bodies, 144.12if any, together with detailed information concerning the project, its costs, the sources of 144.13its funding, and the amount of any bonded indebtedness to be incurred in connection 144.14with the project, shall be transmitted to the governor, who shall approve, disapprove, or 144.15return the proposal for additional consideration within 30 days of receipt. No project 144.16authorized under this section shall be undertaken, and no obligations shall be issued and 144.17no tax increments shall be expended for a project authorized under this section until the 144.18project has been approved by the governor. 144.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 144.20    Sec. 13. Minnesota Statutes 2008, section 298.2213, subdivision 4, is amended to read: 144.21    Subd. 4. Project approval. The board and commissioner shall by August 1 each 144.22year prepare a list of projects to be funded from the money appropriated in this section 144.23with necessary supporting information including descriptions of the projects, plans, and 144.24cost estimates. A project must not be approved by the board unless it finds that: 144.25(1) the project will materially assist, directly or indirectly, the creation of additional 144.26long-term employment opportunities; 144.27(2) the prospective benefits of the expenditure exceed the anticipated costs; and 144.28(3) in the case of assistance to private enterprise, the project will serve a sound 144.29business purpose. 144.30 Each project must be approved by a majority of the new text begin at least seven new text end Iron Range 144.31Resources and Rehabilitation Board members and the commissioner of Iron Range 144.32resources and rehabilitation. The list of projects must be submitted to the governor, 144.33who shall, by November 15 of each year, approve, disapprove, or return for further 144.34consideration, each project. The money for a project may be spent only upon approval of 145.1the project by the governor. The board may submit supplemental projects for approval at 145.2any time. 145.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 145.4    Sec. 14. Minnesota Statutes 2008, section 298.2214, is amended by adding a 145.5subdivision to read: 145.6     new text begin Subd. 6. new text end new text begin Per diem. new text end new text begin Members of the committee may be reimbursed for expenses new text end 145.7 new text begin in the manner provided in section 298.22, subdivision 2. new text end 145.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 145.9    Sec. 15. Minnesota Statutes 2008, section 298.223, is amended to read: 145.10298.223 TACONITE AREA ENVIRONMENTAL PROTECTION FUND. 145.11    Subdivision 1. Creation; purposes. A fund called the taconite environmental 145.12protection fund is created for the purpose of reclaiming, restoring and enhancing those 145.13areas of northeast Minnesota located within the taconite assistance area defined in section 145.14273.1341 , that are adversely affected by the environmentally damaging operations 145.15involved in mining taconite and iron ore and producing iron ore concentrate and for the 145.16purpose of promoting the economic development of northeast Minnesota. The taconite 145.17environmental protection fund shall be used for the following purposes: 145.18(a) new text begin (1) new text end to initiate investigations into matters the Iron Range Resources and 145.19Rehabilitation Board determines are in need of study and which will determine the 145.20environmental problems requiring remedial action; 145.21(b) new text begin (2) new text end reclamation, restoration, or reforestation of mine lands not otherwise 145.22provided for by state law; 145.23(c) new text begin (3) new text end local economic development projects but only if those projects are approved 145.24by the board, new text begin at least seven Iron Range Resources and Rehabilitation Board members, new text end 145.25and public works, including construction of sewer and water systems located within the 145.26taconite assistance area defined in section 273.1341; 145.27(d) new text begin (4) new text end monitoring of mineral industry related health problems among mining 145.28employees. new text begin ; new text end 145.29 new text begin (5) local public works projects under section 298.227, paragraph (c); and new text end 145.30 new text begin (6) local public works projects as provided under this clause. The following amounts new text end 145.31 new text begin shall be distributed in 2009 based upon the taxable tonnage of production in 2008: new text end 145.32 new text begin (i) .4651 cents per ton to the city of Aurora for street repair and renovation; new text end 146.1 new text begin (ii) .4264 cent per ton to the city of Biwabik for street and utility infrastructure new text end 146.2 new text begin improvements to the south side industrial site; new text end 146.3 new text begin (iii) .6460 cent per ton to the city of Buhl for street repair; new text end 146.4 new text begin (iv) 1.0336 cents per ton to the city of Hoyt Lakes for public utility improvements; new text end 146.5 new text begin (v) 1.1628 cents per ton to the city of Eveleth for water and sewer infrastructure new text end 146.6 new text begin upgrades; new text end 146.7 new text begin (vi) 1.0336 cents per ton to the city of Gilbert for water and sewer infrastructure new text end 146.8 new text begin upgrades; new text end 146.9 new text begin (vii) .7752 cent per ton to the city of Mountain Iron for water and sewer new text end 146.10 new text begin infrastructure; new text end 146.11 new text begin (viii) 1.2920 cents per ton to the city of Virginia for utility upgrades and accessibility new text end 146.12 new text begin modifications for the miners' memorial; new text end 146.13 new text begin (ix) .6460 cent per ton to the town of White for Highway 135 road upgrades; new text end 146.14 new text begin (x) 1.9380 cents per ton to the city of Hibbing for public infrastructure projects; new text end 146.15 new text begin (xi) 1.1628 cents per ton to the city of Chisholm for water and sewer repair; new text end 146.16 new text begin (xii) .6460 cent per ton to the town of Balkan for community center repairs; new text end 146.17 new text begin (xiii) .9044 cent per ton to the city of Babbitt for city garage construction; new text end 146.18 new text begin (xiv) .5168 cent per ton to the city of Cook for replacement of a water tower; new text end 146.19 new text begin (xv) .5168 cent per ton to the city of Ely for reconstruction of 2cnd Avenue West; new text end 146.20 new text begin (xvi) .6460 cent per ton to the city of Tower for water infrastructure upgrades; new text end 146.21 new text begin (xvii) .1292 cent per ton to the city of Orr for water infrastructure upgrades; new text end 146.22 new text begin (xviii) .1292 cent per ton to the city of Silver Bay for emergency cleanup; new text end 146.23 new text begin (xvix) .3230 cent per ton to Lake County for trail construction; new text end 146.24 new text begin (xx) .1292 cent per ton to Cook County for construction of tennis courts in Grand new text end 146.25 new text begin Marais; new text end 146.26 new text begin (xxi) .3101 cent per ton to the city of Two Harbors for water infrastructure new text end 146.27 new text begin improvements; new text end 146.28 new text begin (xxii) .1938 cent per ton for land acquisition for phase one of Cook Airport project; new text end 146.29 new text begin (xxiii) 1.0336 cents per ton to the city of Coleraine for water and sewer new text end 146.30 new text begin improvements along Gayley Avenue; new text end 146.31 new text begin (xxiv) .3876 cent per ton to the city of Marble for construction of a city new text end 146.32 new text begin administration facility; new text end 146.33 new text begin (xxv) .1292 cent per ton to the city of Calumet for repairs at city hall and the new text end 146.34 new text begin community center; new text end 146.35 new text begin (xxvi) .6460 cent per ton to the city of Nashwauk for electrical infrastructure new text end 146.36 new text begin upgrades; new text end 147.1 new text begin (xxvii) 1.0336 cents per ton to the city of Keewatin for water and sewer upgrades new text end 147.2 new text begin along Depot Street; new text end 147.3 new text begin (xxviii) .2584 cent per ton to the city of Aitkin for water, sewer, street, and gutter new text end 147.4 new text begin improvements; new text end 147.5 new text begin (xxix) 1.1628 cents per ton to the city of Grand Rapids for water and sewer new text end 147.6 new text begin infrastructure upgrades at Pokegema Golf Course and Park Place; new text end 147.7 new text begin (xxx) .1809 cent per ton to the city of Grand Rapids for water and sewer upgrades new text end 147.8 new text begin for 1st Avenue from River Road to 3rd Street SE; and new text end 147.9 new text begin (xxxi) .9044 cent per ton to the city of Cohasset for upgrades to the railroad crossing new text end 147.10 new text begin at Highway 2 and County Road 62. new text end 147.11    Subd. 2. Administration. (a) The taconite area environmental protection fund shall 147.12be administered by the commissioner of the Iron Range Resources and Rehabilitation 147.13Board. The commissioner shall by September 1 of each year submit to the board a list 147.14of projects to be funded from the taconite area environmental protection fund, with such 147.15supporting information including description of the projects, plans, and cost estimates as 147.16may be necessary. 147.17    (b) Each year no less than one-half of the amounts deposited into the taconite 147.18environmental protection fund must be used for public works projects, including 147.19construction of sewer and water systems, as specified under subdivision 1, paragraph (c) new text begin new text end 147.20 new text begin clause (3) new text end . The Iron Range Resources and Rehabilitation Board with a majority vote of 147.21the members, new text begin approval by at least seven Iron Range Resources and Rehabilitation Board new text end 147.22 new text begin members, new text end may waive the requirements of this paragraph. 147.23    (c) Upon approval by a majority of the members of the Iron Range Resources and 147.24Rehabilitation Board, new text begin at least seven Iron Range Resources and Rehabilitation Board new text end 147.25 new text begin members, new text end the list of projects approved under this subdivision shall be submitted to the 147.26governor by November 1 of each year. By December 1 of each year, the governor shall 147.27approve or disapprove, or return for further consideration, each project. Funds for a project 147.28may be expended only upon approval of the project by the board new text begin at least seven Iron Range new text end 147.29 new text begin Resources and Rehabilitation Board members, new text end and new text begin the new text end governor. The commissioner may 147.30submit supplemental projects to the board and governor for approval at any time. 147.31    Subd. 3. Appropriation. There is annually appropriated to the commissioner of Iron 147.32Range resources and rehabilitation taconite area environmental protection funds necessary 147.33to carry out approved projects and programs and the funds necessary for administration of 147.34this section. Annual administrative costs, not including detailed engineering expenses for 147.35the projects, shall not exceed five percent of the amount annually expended from the fund. 148.1Funds for the purposes of this section are provided by section 298.28, subdivision 148.211 , relating to the taconite area environmental protection fund. 148.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 148.4    Sec. 16. Minnesota Statutes 2008, section 298.227, is amended to read: 148.5298.227 TACONITE ECONOMIC DEVELOPMENT FUND. 148.6    (a) An amount equal to that distributed pursuant to each taconite producer's taxable 148.7production and qualifying sales under section 298.28, subdivision 9a, shall be held by 148.8the Iron Range Resources and Rehabilitation Board in a separate taconite economic 148.9development fund for each taconite and direct reduced ore producer. Money from the 148.10fund for each producer shall be released by the commissioner after review by a joint 148.11committee consisting of an equal number of representatives of the salaried employees and 148.12the nonsalaried production and maintenance employees of that producer. The District 11 148.13director of the United States Steelworkers of America, on advice of each local employee 148.14president, shall select the employee members. In nonorganized operations, the employee 148.15committee shall be elected by the nonsalaried production and maintenance employees. 148.16The review must be completed no later than six months after the producer presents a 148.17proposal for expenditure of the funds to the committee. The funds held pursuant to this 148.18section may be released only for workforce development and associated public facility 148.19improvement, or for acquisition of plant and stationary mining equipment and facilities 148.20for the producer or for research and development in Minnesota on new mining, or 148.21taconite, iron, or steel production technology, but only if the producer provides a matching 148.22expenditure to be used for the same purpose of at least 50 percent of the distribution based 148.23on 14.7 cents per ton beginning with distributions in 2002. Effective for proposals for 148.24expenditures of money from the fund beginning May 26, 2007, the commissioner may 148.25not release the funds before the next scheduled meeting of the board. If the board rejects 148.26a proposed expenditure new text begin is not approved by at least seven Iron Range Resources and new text end 148.27 new text begin Rehabilitation Board members new text end , the funds must be deposited in the Taconite Environmental 148.28Protection Fund under sections 298.222 to 298.225. If a producer uses money which has 148.29been released from the fund prior to May 26, 2007 to procure haulage trucks, mobile 148.30equipment, or mining shovels, and the producer removes the piece of equipment from the 148.31taconite tax relief area defined in section 273.134 within ten years from the date of receipt 148.32of the money from the fund, a portion of the money granted from the fund must be repaid 148.33to the taconite economic development fund. The portion of the money to be repaid is 100 148.34percent of the grant if the equipment is removed from the taconite tax relief area within 12 149.1months after receipt of the money from the fund, declining by ten percent for each of the 149.2subsequent nine years during which the equipment remains within the taconite tax relief 149.3area. If a taconite production facility is sold after operations at the facility had ceased, any 149.4money remaining in the fund for the former producer may be released to the purchaser of 149.5the facility on the terms otherwise applicable to the former producer under this section. If 149.6a producer fails to provide matching funds for a proposed expenditure within six months 149.7after the commissioner approves release of the funds, the funds are available for release to 149.8another producer in proportion to the distribution provided and under the conditions of 149.9this section. Any portion of the fund which is not released by the commissioner within 149.10one year of its deposit in the fund shall be divided between the taconite environmental 149.11protection fund created in section 298.223 and the Douglas J. Johnson economic protection 149.12trust fund created in section 298.292 for placement in their respective special accounts. 149.13Two-thirds of the unreleased funds shall be distributed to the taconite environmental 149.14protection fund and one-third to the Douglas J. Johnson economic protection trust fund. 149.15    (b) new text begin (i) new text end Notwithstanding the requirements of paragraph (a), setting the amount of 149.16distributions and the review process, an amount equal to ten cents per taxable ton of 149.17production in 2007, for distribution in 2008 only, that would otherwise be distributed 149.18under paragraph (a), may be used for a loan for the cost of construction of a biomass 149.19energy facility. This amount must be deducted from the distribution under paragraph (a) 149.20for which a matching expenditure by the producer is not required. The granting of the loan 149.21is subject to approval by the Iron Range Resources and Rehabilitation Board new text begin at least seven new text end 149.22 new text begin Iron Range Resources and Rehabilitation Board members new text end ; interest must be payable on the 149.23loan at the rate prescribed in section 298.2213, subdivision 3. new text begin (ii) new text end Repayments of the loan 149.24and interest must be deposited in the northeast Minnesota economic development new text begin taconite new text end 149.25 new text begin environment protection new text end fund established in section new text begin under sections 298.222 to new text end 149.26 new text begin 298.225 new text end . If a loan is not made under this paragraph by July 1, 2009, the amount that 149.27had been made available for the loan under this paragraph must be transferred to the 149.28northeast Minnesota economic development new text begin taconite environment protection new text end fund new text begin under new text end 149.29 new text begin sections 298.222 to 298.225 new text end . new text begin (iii) new text end Money distributed in 2008 to the fund established 149.30under this section that exceeds ten cents per ton is available to qualifying producers under 149.31paragraph (a) on a pro rata basis. 149.32    If 2008 H.F. No. 1812 is enacted and includes a provision that amends this section 149.33in a manner that is different from the amendment in this section, the amendment in this 149.34section supersedes the amendment in 2008 H.F. No. 1812, notwithstanding section 645.26. 149.35 new text begin (c) Repayment or transfer of money to the taconite environmental protection fund new text end 149.36 new text begin under paragraph (b), item (ii), must be allocated by the Iron Range Resources and new text end 150.1 new text begin Rehabilitation Board for public works projects in house legislative districts in the same new text end 150.2 new text begin proportion as taxable tonnage of production in 2007 in each house legislative district, for new text end 150.3 new text begin distribution in 2008, bears to total taxable tonnage of production in 2007, for distribution new text end 150.4 new text begin in 2008. Not withstanding any other law to the contrary, expenditures under this paragraph new text end 150.5 new text begin do not require approval by the governor. For purposes of this paragraph, "house legislative new text end 150.6 new text begin districts" means the legislative districts in existence on the effective date of this section. new text end 150.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 150.8    Sec. 17. Minnesota Statutes 2008, section 298.28, subdivision 9d, is amended to read: 150.9    Subd. 9d. Iron Range higher education account. Five cents per taxable ton must 150.10be allocated to the Iron Range Resources and Rehabilitation Board to be deposited in 150.11an Iron Range higher education account that is hereby created, to be used for higher 150.12education programs conducted at educational institutions in the taconite assistance area 150.13defined in section 273.1341. The Iron Range Higher Education committee under section 150.14298.2214 new text begin , new text end and the Iron Range Resources and Rehabilitation Board new text begin by an affirmative vote new text end 150.15 new text begin of at least seven Iron Range Resources and Rehabilitation Board members, new text end must approve 150.16all expenditures from the account. 150.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 150.18    Sec. 18. Minnesota Statutes 2008, section 298.292, subdivision 2, is amended to read: 150.19    Subd. 2. Use of money. Money in the Douglas J. Johnson economic protection trust 150.20fund may be used for the following purposes: 150.21    (1) to provide loans, loan guarantees, interest buy-downs and other forms of 150.22participation with private sources of financing, but a loan to a private enterprise shall be 150.23for a principal amount not to exceed one-half of the cost of the project for which financing 150.24is sought, and the rate of interest on a loan to a private enterprise shall be no less than the 150.25lesser of eight percent or an interest rate three percentage points less than a full faith 150.26and credit obligation of the United States government of comparable maturity, at the 150.27time that the loan is approved; 150.28    (2) to fund reserve accounts established to secure the payment when due of the 150.29principal of and interest on bonds issued pursuant to section 298.2211; 150.30    (3) to pay in periodic payments or in a lump-sum payment any or all of the interest 150.31on bonds issued pursuant to chapter 474 for the purpose of constructing, converting, 150.32or retrofitting heating facilities in connection with district heating systems or systems 150.33utilizing alternative energy sources; 151.1    (4) to invest in a venture capital fund or enterprise that will provide capital to other 151.2entities that are engaging in, or that will engage in, projects or programs that have the 151.3purposes set forth in subdivision 1. No investments may be made in a venture capital fund 151.4or enterprise unless at least two other unrelated investors make investments of at least 151.5$500,000 in the venture capital fund or enterprise, and the investment by the Douglas 151.6J. Johnson economic protection trust fund may not exceed the amount of the largest 151.7investment by an unrelated investor in the venture capital fund or enterprise. For purposes 151.8of this subdivision, an "unrelated investor" is a person or entity that is not related to 151.9the entity in which the investment is made or to any individual who owns more than 40 151.10percent of the value of the entity, in any of the following relationships: spouse, parent, 151.11child, sibling, employee, or owner of an interest in the entity that exceeds ten percent of 151.12the value of all interests in it. For purposes of determining the limitations under this 151.13clause, the amount of investments made by an investor other than the Douglas J. Johnson 151.14economic protection trust fund is the sum of all investments made in the venture capital 151.15fund or enterprise during the period beginning one year before the date of the investment 151.16by the Douglas J. Johnson economic protection trust fund; and 151.17    (5) to purchase forest land in the taconite assistance area defined in section 273.1341 151.18to be held and managed as a public trust for the benefit of the area for the purposes 151.19authorized in section 298.22, subdivision 5a. Property purchased under this section may 151.20be sold by the commissioner upon approval by a majority vote of the board new text begin by at least new text end 151.21 new text begin seven Iron Range Resources and Rehabilitation Board members new text end . The net proceeds must 151.22be deposited in the trust fund for the purposes and uses of this section. 151.23    Money from the trust fund shall be expended only in or for the benefit of the taconite 151.24assistance area defined in section 273.1341. 151.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 151.26    Sec. 19. new text begin [298.2931] TRANSFER OF FUNDS. new text end 151.27 new text begin The amount deposited in the Douglas J. Johnson Economic Protection Trust Fund new text end 151.28 new text begin in 2009 in repayment of a loan for the Mesabi Nugget, LLC project at Silver Bay shall new text end 151.29 new text begin be transferred to the taconite environmental protection fund and deposited in a special new text end 151.30 new text begin account to be used as provided under section 298.223, subdivision 1, clause (6). new text end 151.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 151.32    Sec. 20. Minnesota Statutes 2008, section 298.294, is amended to read: 151.33298.294 INVESTMENT OF FUND. 152.1 new text begin (a) new text end The trust fund established by section 298.292 shall be invested pursuant to law 152.2by the State Board of Investment and the net interest, dividends, and other earnings arising 152.3from the investments shall be transferred new text begin , except as provided in paragraph (b), new text end on the first 152.4day of each month to the trust and shall be included and become part of the trust fund. 152.5The amounts transferred, including the interest, dividends, and other earnings earned 152.6prior to July 13, 1982, together with the additional amount of $10,000,000 for fiscal year 152.71983, which is appropriated April 21, 1983, are appropriated from the trust fund to the 152.8commissioner of Iron Range resources and rehabilitation for deposit in a separate account 152.9for expenditure for the purposes set forth in section 298.292. Amounts appropriated 152.10pursuant to this section shall not cancel but shall remain available unless expended. 152.11 new text begin (b) For fiscal years 2010 and 2011 only, $1,000,000 of the net interest, dividends, new text end 152.12 new text begin and other earnings under paragraph (a) shall be transferred to a special account. Funds in new text end 152.13 new text begin the special account are available for loans or grants to businesses, with priority given to new text end 152.14 new text begin businesses with 25 or fewer employees. Funds may be used for wage subsidies of up to $5 new text end 152.15 new text begin per hour or other activities that will create additional jobs in the taconite assistance area new text end 152.16 new text begin under section 273.1341. Expenditures from the special account must be approved by at new text end 152.17 new text begin least seven Iron Range Resources and Rehabilitation Board members. new text end 152.18 new text begin (c) To qualify for a grant or loan, a business must be currently operating and have new text end 152.19 new text begin been operating for one year immediately prior to its application for a loan or grant, and its new text end 152.20 new text begin corporate headquarters must be located in the taconite assistance area. new text end 152.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 152.22    Sec. 21. Minnesota Statutes 2008, section 298.296, subdivision 2, is amended to read: 152.23    Subd. 2. Expenditure of funds. (a) Before January 1, 2028, funds may be expended 152.24on projects and for administration of the trust fund only from the net interest, earnings, 152.25and dividends arising from the investment of the trust at any time, including net interest, 152.26earnings, and dividends that have arisen prior to July 13, 1982, plus $10,000,000 made 152.27available for use in fiscal year 1983, except that any amount required to be paid out of the 152.28trust fund to provide the property tax relief specified in Laws 1977, chapter 423, article 152.29X, section 4, and to make school bond payments and payments to recipients of taconite 152.30production tax proceeds pursuant to section 298.225, may be taken from the corpus of 152.31the trust. 152.32    (b) Additionally, upon recommendation by the board, up to $13,000,000 from the 152.33corpus of the trust may be made available for use as provided in subdivision 4, and up to 152.34$10,000,000 from the corpus of the trust may be made available for use as provided in 152.35section 298.2961. 153.1    (c) Additionally, an amount equal to 20 percent of the value of the corpus of the trust 153.2on May 18, 2002, not including the funds authorized in paragraph (b), plus the amounts 153.3made available under section 298.28, subdivision 4, and Laws 2002, chapter 377, article 153.48, section 17, may be expended on projects. Funds may be expended for projects under 153.5this paragraph only if the project: 153.6    (1) is for the purposes established under section 298.292, subdivision 1, clause 153.7(1) or (2); and 153.8    (2) is approved by the board upon an affirmative vote of at least ten of its members. 153.9No money made available under this paragraph or paragraph (d) can be used for 153.10administrative or operating expenses of the Iron Range Resources and Rehabilitation 153.11Board or expenses relating to any facilities owned or operated by the board on May 18, 153.122002. 153.13    (d) Upon recommendation by a unanimous vote of all members of the board, 153.14amounts in addition to those authorized under paragraphs (a), (b), and (c) may be 153.15expended on projects described in section 298.292, subdivision 1. 153.16    (e) Annual administrative costs, not including detailed engineering expenses for the 153.17projects, shall not exceed five percent of the net interest, dividends, and earnings arising 153.18from the trust in the preceding fiscal year. 153.19    (f) Principal and interest received in repayment of loans made pursuant to this 153.20section, and earnings on other investments made under section 298.292, subdivision 2, 153.21clause (4), shall be deposited in the state treasury and credited to the trust. These receipts 153.22are appropriated to the board for the purposes of sections 298.291 to 298.298. 153.23    (g) Additionally, notwithstanding section 298.293, upon new text begin the new text end affirmative vote 153.24of a majority of the members of the board, new text begin of at least seven Iron Range Resources and new text end 153.25 new text begin Rehabilitation Board members, new text end money from the corpus of the trust may be expanded to 153.26purchase forest lands within the taconite assistance area as provided in sections 298.22, 153.27subdivision 5a, and 298.292, subdivision 2, clause (5). 153.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 153.29    Sec. 22. Minnesota Statutes 2008, section 298.2961, is amended to read: 153.30298.2961 PRODUCER GRANTS. 153.31    Subdivision 1. Appropriation. (a) $10,000,000 is appropriated from the Douglas 153.32J. Johnson economic protection trust fund to a special account in the taconite area 153.33environmental protection fund for grants to producers on a project-by-project basis as 153.34provided in this section. 154.1(b) The proceeds of the tax designated under section 298.28, subdivision 9b, are 154.2appropriated for grants to producers on a project-by-project basis as provided in this 154.3section. 154.4    Subd. 2. Projects; approval. (a) Projects funded must be for: 154.5    (1) environmentally unique reclamation projects; or 154.6    (2) pit or plant repairs, expansions, or modernizations other than for a value added 154.7iron products plant. 154.8    (b) To be proposed by the board, a project must be approved by at least eight Iron 154.9Range Resources and Rehabilitation Board members. The money for a project may 154.10be spent only upon approval of the project by the governor. The board may submit 154.11supplemental projects for approval at any time. 154.12    (c) The board may require that it receive an equity percentage in any project to 154.13which it contributes under this section. 154.14    Subd. 3. Redistribution. (a) If a taconite production facility is sold after operations 154.15at the facility had ceased, any money remaining in the taconite environmental fund for the 154.16former producer may be released to the purchaser of the facility on the terms otherwise 154.17applicable to the former producer under this section. 154.18(b) Any portion of the taconite environmental fund that is not released by the 154.19commissioner within three years of its deposit in the taconite environmental fund shall be 154.20divided between the taconite environmental protection fund created in section 298.223 154.21and the Douglas J. Johnson economic protection trust fund created in section 298.292 for 154.22placement in their respective special accounts. Two-thirds of the unreleased funds must be 154.23distributed to the taconite environmental protection fund and one-third to the Douglas J. 154.24Johnson economic protection trust fund. 154.25    Subd. 4. Grant and loan fund. (a) A fund is established to receive distributions 154.26under section 298.28, subdivision 9b, and to make grants or loans as provided in this 154.27subdivision. Any grant or loan made under this subdivision must be approved by a majority 154.28of the members of the Iron Range Resources and Rehabilitation Board, new text begin at least seven Iron new text end 154.29 new text begin Range Resources and Rehabilitation Board members, new text end established under section 298.22. 154.30    (b) Distributions received in calendar year 2005 are allocated to the city of Virginia 154.31for improvements and repairs to the city's steam heating system. 154.32    (c) Distributions received in calendar year 2006 are allocated to a project of the 154.33public utilities commissions of the cities of Hibbing and Virginia to convert their electrical 154.34generating plants to the use of biomass products, such as wood. 154.35    (d) Distributions received in calendar year 2007 must be paid to the city of Tower to 154.36be used for the East Two Rivers project in or near the city of Tower. 155.1    (e) For distributions received in 2008, the first $2,000,000 of the 2008 distribution 155.2must be paid to St. Louis County for deposit in its county road and bridge fund to be 155.3used for relocation of St. Louis County Road 715, commonly referred to as Pike River 155.4Road. The remainder of the 2008 distribution must be paid to St. Louis County for a 155.5grant to the city of Virginia for connecting sewer and water lines to the St. Louis County 155.6maintenance garage on Highway 135, further extending the lines to interconnect with the 155.7city of Gilbert's sewer and water lines. All distributions received in 2009 and subsequent 155.8years are allocated for projects under section 298.223, subdivision 1. 155.9    Subd. 5. Public works and local economic development fund. For distributions in 155.102007 only, a special fund is established to receive 38.4 cents per ton that otherwise would 155.11be allocated under section 298.28, subdivision 6. The following amounts are allocated to 155.12St. Louis County acting as the fiscal agent for the recipients for the specific purposes: 155.13    (1) 13.4 cents per ton for the Central Iron Range Sanitary Sewer District for 155.14construction of a combined wastewater facility and notwithstanding section 298.28, 155.15subdivision 11, paragraph (a), or any other law, interest accrued on this money while held 155.16by St. Louis County shall also be distributed to the recipient; 155.17    (2) six cents per ton to the city of Eveleth to redesign and design and construct 155.18improvements to renovate its water treatment facility; 155.19    (3) one cent per ton for the East Range Joint Powers Board to acquire land for and to 155.20design a central wastewater collection and treatment system; 155.21    (4) 0.5 cents per ton to the city of Hoyt Lakes to repair Leeds Road; 155.22    (5) 0.7 cents per ton to the city of Virginia to extend Eighth Street South; 155.23    (6) 0.7 cents per ton to the city of Mountain Iron to repair Hoover Road; 155.24    (7) 0.9 cents per ton to the city of Gilbert for alley repairs between Michigan and 155.25Indiana Avenues and for repayment of a loan to the Minnesota Department of Employment 155.26and Economic Development; 155.27    (8) 0.4 cents per ton to the city of Keewatin for a new city well; 155.28    (9) 0.3 cents per ton to the city of Grand Rapids for planning for a fire and hazardous 155.29materials center; 155.30    (10) 0.9 cents per ton to Aitkin County Growth for an economic development 155.31project for peat harvesting; 155.32    (11) 0.4 cents per ton to the city of Nashwauk to develop a comprehensive city plan; 155.33    (12) 0.4 cents per ton to the city of Taconite for development of a city comprehensive 155.34plan; 155.35    (13) 0.3 cents per ton to the city of Marble for water and sewer infrastructure; 156.1    (14) 0.8 cents per ton to Aitkin County for improvements to the Long Lake 156.2Environmental Learning Center; 156.3    (15) 0.3 cents per ton to the city of Coleraine for the Coleraine Technology Center; 156.4    (16) 0.5 cents per ton to the Economic Development Authority of the city of Grand 156.5Rapids for planning for the North Central Research and Technology Laboratory; 156.6    (17) 0.6 cents per ton to the city of Bovey for sewer and water extension; 156.7    (18) 0.3 cents per ton to the city of Calumet for infrastructure improvements; and 156.8    (19) ten cents per ton to the commissioner of Iron Range Resources and 156.9Rehabilitation for deposit in a Highway 1 Corridor Account established by the 156.10commissioner, to be distributed by the commissioner to any of the cities of Babbitt, Cook, 156.11Ely, or Tower, for economic development projects approved by the Iron Range Resources 156.12and Rehabilitation Board new text begin at least seven Iron Range Resources and Rehabilitation Board new text end 156.13 new text begin members new text end ; notwithstanding section 298.28, subdivision 11, paragraph (a), or any other law, 156.14interest accrued on this money while held by St. Louis County or the commissioner 156.15shall also be distributed to the recipient. 156.16     new text begin Subd. 6. new text end new text begin Renewable energy. new text end new text begin For distributions in 2009 only, a special account is new text end 156.17 new text begin established in the taconite environmental protection fund to receive 15.5 cents per ton that new text end 156.18 new text begin otherwise would be allocated under section new text end new text begin , subdivision 6. The funds are available new text end 156.19 new text begin for cooperative projects between the Iron Range Resources and Rehabilitation Board and new text end 156.20 new text begin local governments for renewable energy initiatives. new text end 156.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 156.22ARTICLE 9 156.23HOUSING FINANCE AGENCY 156.24    Section 1. Minnesota Statutes 2008, section 327C.03, is amended by adding a 156.25subdivision to read: 156.26     new text begin Subd. 6. new text end new text begin Payment to the Minnesota manufactured home relocation trust fund. new text end 156.27 new text begin In the event a park owner has been assessed under section 327C.095, subdivision 12, new text end 156.28 new text begin paragraph (c), the park owner may collect the $12 annual payment required by section new text end 156.29 new text begin 327C.095, subdivision 12, for participation in the relocation trust fund, as a lump sum new text end 156.30 new text begin or, along with monthly lot rent, a fee of no more than $1 per month to cover the cost of new text end 156.31 new text begin participating in the relocation trust fund. The $1 fee must be separately itemized and new text end 156.32 new text begin clearly labeled "Minnesota manufactured home relocation trust fund." new text end 156.33    Sec. 2. Minnesota Statutes 2008, section 327C.095, subdivision 12, is amended to read: 157.1    Subd. 12. Payment to the Minnesota manufactured home relocation trust fund. 157.2    (a) If a manufactured home owner is required to move due to the conversion of all or a 157.3portion of a manufactured home park to another use, the closure of a park, or cessation 157.4of use of the land as a manufactured home park, the manufactured park owner shall, 157.5upon the change in use, pay to the commissioner of finance for deposit in the Minnesota 157.6manufactured home relocation trust fund under section 462A.35, the lesser amount of the 157.7actual costs of moving or purchasing the manufactured home approved by the neutral 157.8third party and paid by the Minnesota Housing Finance Agency under subdivision 13, 157.9paragraph (a) or (e), or $3,250 for each single section manufactured home, and $6,000 for 157.10each multisection manufactured home, for which a manufactured home owner has made 157.11application for payment of relocation costs under subdivision 13, paragraph (c). The 157.12manufactured home park owner shall make payments required under this section to the 157.13Minnesota manufactured home relocation trust fund within 60 days of receipt of invoice 157.14from the neutral third party. 157.15    (b) A manufactured home park owner is not required to make the payment prescribed 157.16under paragraph (a), nor is a manufactured home owner entitled to compensation under 157.17subdivision 13, paragraph (a) or (e), if: 157.18    (1) the manufactured home park owner relocates the manufactured home owner to 157.19another space in the manufactured home park or to another manufactured home park at 157.20the park owner's expense; 157.21    (2) the manufactured home owner is vacating the premises and has informed the 157.22manufactured home park owner or manager of this prior to the mailing date of the closure 157.23statement under subdivision 1; 157.24    (3) a manufactured home owner has abandoned the manufactured home, or the 157.25manufactured home owner is not current on the monthly lot rental, personal property 157.26taxes, or has failed to pay the annual $12 payments to the Minnesota manufactured home 157.27relocation trust fund when due; 157.28    (4) the manufactured home owner has a pending eviction action for nonpayment of 157.29lot rental amount under section 327C.09, which was filed against the manufactured home 157.30owner prior to the mailing date of the closure statement under subdivision 1, and the writ 157.31of recovery has been ordered by the district court; 157.32    (5) the conversion of all or a portion of a manufactured home park to another use, 157.33the closure of a park, or cessation of use of the land as a manufactured home park is the 157.34result of a taking or exercise of the power of eminent domain by a governmental entity 157.35or public utility; or 158.1    (6) the owner of the manufactured home is not a resident of the manufactured home 158.2park, as defined in section 327C.01, subdivision 9, or the owner of the manufactured home 158.3is a resident, but came to reside in the manufactured home park after the mailing date of 158.4the closure statement under subdivision 1. 158.5    (c) Owners of manufactured homes who rent lots in a manufactured home park shall 158.6make annual payments to the park owner, to be deposited in the Minnesota manufactured 158.7home relocation trust fund under section , in the amount of $12 per year, per 158.8manufactured home, payable on August 15 of each year. On or before July 15 of each 158.9year, the commissioner of finance shall prepare and post on the department's Web site a 158.10generic invoice and cover letter explaining the purpose of the Minnesota manufactured 158.11home relocation trust fund, the obligation of each manufactured home owner to make an 158.12annual $12 payment into the fund, the due date, and the need to pay to the park owner for 158.13collection, and a warning, in 14-point font, that if the annual payments are not made when 158.14due, the manufactured home owner will not be eligible for compensation from the fund if 158.15the manufactured home park closes. The park owner shall receive, record, and commingle 158.16the payments and forward the payments to the commissioner of finance by September 158.1715 of each year, with a summary by the park owner, certifying the name, address, and 158.18payment amount of each remitter, and noting the names and address of manufactured home 158.19owners who did not pay the $12 annual payment, sent to both the commissioner of finance 158.20and the commissioner of the Minnesota Housing Finance Agency. The commissioner of 158.21finance shall deposit the payments in the Minnesota manufactured home relocation trust 158.22fund. new text begin The commissioner of finance shall annually assess each manufactured home park new text end 158.23 new text begin owner by mail the total amount of $12 for each licensed lot in their park, payable on new text end 158.24 new text begin or before September 15 of each year. The commissioner of finance shall deposit the new text end 158.25 new text begin payments in the Minnesota manufactured home relocation trust fund. On or before July new text end 158.26 new text begin 15 of each year, the commissioner of finance shall prepare and distribute to park owners new text end 158.27 new text begin a letter explaining the collection, an invoice for all licensed lots, and a sample form for new text end 158.28 new text begin the park owners to collect information on which park residents have been accounted for. new text end 158.29 new text begin The park owner may recoup the cost of the assessment with a monthly fee of no more new text end 158.30 new text begin than $1 collected from park residents together with monthly lot rent as provided in section new text end 158.31 new text begin 327C.03, subdivision 1. Park owners may adjust payment for lots in their park that are new text end 158.32 new text begin vacant or otherwise not eligible for contribution to the trust fund under section 327C.095, new text end 158.33 new text begin subdivision 12, paragraph (b), and deduct from the assessment, accordingly. new text end 158.34    (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by 158.35the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action 159.1in a court of appropriate jurisdiction. new text begin The court may award a prevailing party reasonable new text end 159.2 new text begin attorney fees, court costs, and disbursements. new text end 159.3    Sec. 3. Minnesota Statutes 2008, section 462A.05, subdivision 14, is amended to read: 159.4    Subd. 14. Rehabilitation loans. It may agree to purchase, make, or otherwise 159.5participate in the making, and may enter into commitments for the purchase, making, or 159.6participation in the making, of eligible loans for rehabilitation new text begin , with terms and conditions new text end 159.7 new text begin as the agency deems advisable, new text end to persons and families of low and moderate income, and 159.8to owners of existing residential housing for occupancy by such persons and families, 159.9for the rehabilitation of existing residential housing owned by them. The loans may be 159.10insured or uninsured and may be made with security, or may be unsecured, as the agency 159.11deems advisable. The loans may be in addition to or in combination with long-term 159.12eligible mortgage loans under subdivision 3. They may be made in amounts sufficient 159.13to refinance existing indebtedness secured by the property, if refinancing is determined 159.14by the agency to be necessary to permit the owner to meet the owner's housing cost 159.15without expending an unreasonable portion of the owner's income thereon. No loan for 159.16rehabilitation shall be made unless the agency determines that the loan will be used 159.17primarily to make the housing more desirable to live in, to increase the market value of the 159.18housing, for compliance with state, county or municipal building, housing maintenance, 159.19fire, health or similar codes and standards applicable to housing, or to accomplish energy 159.20conservation related improvements. In unincorporated areas and municipalities not 159.21having codes and standards, the agency may, solely for the purpose of administering 159.22the provisions of this chapter, establish codes and standards. Except for accessibility 159.23improvements under this subdivision and subdivisions 14a and 24, clause (1), no secured 159.24loan for rehabilitation of any new text begin owner-occupied new text end property shall be made in an amount which, 159.25with all other existing indebtedness secured by the property, would exceed 110 percent 159.26of its market value, as determined by the agency. No loan under this subdivision new text begin for the new text end 159.27 new text begin rehabilitation of owner-occupied housing new text end shall be denied solely because the loan will not 159.28be used for placing the new text begin owner-occupied new text end residential housing in full compliance with all 159.29state, county, or municipal building, housing maintenance, fire, health, or similar codes 159.30and standards applicable to housing. Rehabilitation loans shall be made only when the 159.31agency determines that financing is not otherwise available, in whole or in part, from 159.32private lenders upon equivalent terms and conditions. Accessibility rehabilitation loans 159.33authorized under this subdivision may be made to eligible persons and families without 159.34limitations relating to the maximum incomes of the borrowers if: 160.1(1) the borrower or a member of the borrower's family requires a level of care 160.2provided in a hospital, skilled nursing facility, or intermediate care facility for persons 160.3with developmental disabilities; 160.4(2) home care is appropriate; and 160.5(3) the improvement will enable the borrower or a member of the borrower's family 160.6to reside in the housing. 160.7The agency may waive any requirement that the housing units in a residential housing 160.8development be rented to persons of low and moderate income if the development consists 160.9of four or less dwelling units, one of which is occupied by the owner. 160.10    Sec. 4. Minnesota Statutes 2008, section 462A.05, subdivision 14a, is amended to read: 160.11    Subd. 14a. Rehabilitation loans; existing owner occupied residential housing. 160.12It may make loans to persons and families of low and moderate income to rehabilitate 160.13or to assist in rehabilitating existing residential housing owned and occupied by those 160.14persons or families. No loan shall be made unless the agency determines that the loan 160.15will be used primarily for rehabilitation work necessary for health or safety, essential 160.16accessibility improvements, or to improve the energy efficiency of the dwelling. No 160.17loan for rehabilitation of owner occupied residential housing shall be denied solely 160.18because the loan will not be used for placing the residential housing in full compliance 160.19with all state, county or municipal building, housing maintenance, fire, health or similar 160.20codes and standards applicable to housing. The amount of any loan shall not exceed the 160.21lesser of (a) a maximum loan amount determined under rules adopted by the agency 160.22not to exceed $20,000 new text begin $27,000 new text end , or (b) the actual cost of the work performed, or (c) that 160.23portion of the cost of rehabilitation which the agency determines cannot otherwise be 160.24paid by the person or family without the expenditure of an unreasonable portion of the 160.25income of the person or family. Loans made in whole or in part with federal funds may 160.26exceed the maximum loan amount to the extent necessary to comply with federal lead 160.27abatement requirements prescribed by the funding source. In making loans, the agency 160.28shall determine the circumstances under which and the terms and conditions under which 160.29all or any portion of the loan will be repaid and shall determine the appropriate security 160.30for the repayment of the loan. Loans pursuant to this subdivision may be made with 160.31or without interest or periodic payments. 160.32    Sec. 5. Minnesota Statutes 2008, section 469.201, subdivision 2, is amended to read: 160.33    Subd. 2. City. "City" means a city of the first class as defined in section and 160.34a city of the second class that is designated as an economically depressed area by the 161.1United States Department of Commerce new text begin any statutory or home rule charter city, town, or new text end 161.2 new text begin township new text end . For each city, a port authority, housing and redevelopment authority, or other 161.3agency or instrumentality, the jurisdiction of which is the territory of the city, is included 161.4within the meaning of city. 161.5    Sec. 6. Minnesota Statutes 2008, section 469.201, subdivision 4, is amended to read: 161.6    Subd. 4. City matching money. (a) "City matching money" means the money of a 161.7city specified in a new text begin targeted new text end revitalization program. The sources of city matching money 161.8may include: 161.9(1) money from the general fund or a special fund of a city used to implement a 161.10 new text begin targeted new text end revitalization program; 161.11(2) money paid or repaid to a city from the proceeds of a grant that a city has 161.12received from the federal government, a profit or nonprofit corporation, or another entity 161.13or individual, that is to be used to implement a new text begin targeted new text end revitalization program; 161.14(3) tax increments received by a city under sections 469.174 to 469.179 or other law, 161.15if eligible, to be spent in the targeted neighborhood new text begin community new text end ; 161.16(4) the greater of the fair market value or the cost to the city of acquiring land, 161.17buildings, equipment, or other real or personal property that a city contributes, grants, 161.18leases, or loans to a profit or nonprofit corporation or other entity or individual, in 161.19connection with the implementation of a new text begin targeted new text end revitalization program; 161.20(5) city money to be used to acquire, install, reinstall, repair, or improve the 161.21infrastructure facilities of a targeted neighborhood new text begin community new text end ; 161.22(6) money contributed by a city to pay issuance costs, fund bond reserves, or to 161.23otherwise provide financial support for revenue bonds or obligations issued by a city for a 161.24project or program related to the implementation of a new text begin targeted new text end revitalization program; 161.25(7) money derived from fees received by a city in connection with its community 161.26development activities that are to be used in implementing a new text begin targeted new text end revitalization 161.27program; 161.28(8) money derived from the apportionment to the city under section 162.14 or by 161.29special law, and expended in a targeted neighborhood new text begin community new text end for an activity related to 161.30the new text begin targeted new text end revitalization program; 161.31(9) administrative expenses of the city that are incurred in connection with the 161.32planning, implementation, or reporting requirements of sections 469.201 to 469.207. 161.33(b) City matching money does not include: 161.34(1) city money used to provide a service or to exercise a function that is ordinarily 161.35provided throughout the city, unless an increased level of the service or function is 162.1to be provided in a targeted neighborhood new text begin community new text end in accordance with a new text begin targeted new text end 162.2revitalization program; 162.3(2) the proceeds of bonds issued by the city under chapter 462C or 469 and payable 162.4solely from repayments made by one or more nongovernmental persons in consideration 162.5for the financing provided by the bonds; or 162.6(3) money given by the state to fund any part of the new text begin targeted new text end revitalization program. 162.7    Sec. 7. Minnesota Statutes 2008, section 469.201, subdivision 6, is amended to read: 162.8    Subd. 6. Housing activities. "Housing activities" include any work or undertaking 162.9to provide housing and related services and amenities primarily for persons and families of 162.10low or moderate income. This work or undertaking may include the planning of buildings 162.11and improvements; the acquisition of real property new text begin , new text end which may be needed immediately new text begin new text end 162.12 new text begin to address vacancies, foreclosures, and preservation of housing now new text end or in the future for 162.13housing purposes and the new text begin ; new text end demolition of any existing improvements new text begin ; activities to address new text end 162.14 new text begin lead abatement, energy efficiencies, or other activities related to the health of a building new text end ; 162.15and the construction, reconstruction, alteration, and repair of new and existing buildings. 162.16Housing activities also include the provision of a housing rehabilitation and energy 162.17improvement loan and grant program with respect to any residential property located 162.18within the targeted neighborhood new text begin community new text end , the cost of relocation relating to acquiring 162.19property for housing activities, and programs authorized by chapter 462C. 162.20    Sec. 8. Minnesota Statutes 2008, section 469.201, subdivision 7, is amended to read: 162.21    Subd. 7. Lost unit. "Lost unit" means a rental housing unit new text begin that has been vacant new text end 162.22 new text begin for more than six months or has been condemned for code violations, new text end that is lost as a 162.23result of revitalization activities because it is demolished, converted to an owner-occupied 162.24unit that is not a cooperative, or converted to a nonresidential use, or because the gross 162.25rent to be charged exceeds 125 percent of the gross rent charged for the unit six months 162.26before the start of rehabilitation. 162.27    Sec. 9. Minnesota Statutes 2008, section 469.201, subdivision 10, is amended to read: 162.28    Subd. 10. Targeted neighborhood new text begin community new text end . "Targeted neighborhood new text begin new text end 162.29 new text begin community new text end " means an area including one or more census tracts, as determined and 162.30measured by the Bureau of Census of the United States Department of Commerce, that 162.31a city council determines in a resolution adopted under section 469.202, subdivision 1, 162.32meets the criteria of section 469.202, subdivision 2, and any additional area designated 162.33under section 469.202, subdivision 3. 163.1    Sec. 10. Minnesota Statutes 2008, section 469.201, subdivision 11, is amended to read: 163.2    Subd. 11. Targeted neighborhood new text begin community new text end money. "Targeted neighborhood new text begin new text end 163.3 new text begin community new text end money" means the money designated in the new text begin targeted new text end revitalization program to 163.4be used to implement the new text begin targeted new text end revitalization program. 163.5    Sec. 11. Minnesota Statutes 2008, section 469.201, subdivision 12, is amended to read: 163.6    Subd. 12. Targeted neighborhood new text begin community new text end revitalization and financing 163.7program. "Targeted neighborhood new text begin community new text end revitalization and financing program," 163.8"revitalization program," or "program" means the targeted neighborhood new text begin community new text end 163.9revitalization and financing program adopted in accordance with section 469.203. 163.10    Sec. 12. Minnesota Statutes 2008, section 469.202, is amended to read: 163.11469.202 DESIGNATION OF TARGETED NEIGHBORHOODS new text begin new text end 163.12 new text begin COMMUNITIES new text end . 163.13    Subdivision 1. City authority. A city may by resolution designate new text begin a new text end targeted 163.14neighborhoods new text begin community new text end within its borders after adopting detailed findings that the 163.15designated neighborhoods new text begin communities new text end meet the eligibility requirements in subdivision 2 163.16or 3. 163.17    Subd. 2. Eligibility requirements for targeted neighborhoods new text begin communities new text end . An 163.18area within a city is eligible for designation as a targeted neighborhood new text begin community new text end if the 163.19area meets two new text begin three new text end of the following three new text begin four new text end criteria: 163.20(a) The area had an unemployment rate that was twice the unemployment rate for 163.21the Minneapolis and Saint Paul standard metropolitan statistical area as determined by 163.22the most recent federal decennial census. 163.23(b) The median household income in the area was no more than half new text begin 80 percent of new text end 163.24 the median household income for the Minneapolis and Saint Paul standard metropolitan 163.25statistical area as determined by the most recent federal decennial census. 163.26(c) The area is characterized by residential dwelling units in need of substantial 163.27rehabilitation. An area qualifies under this paragraph if 25 percent or more of the 163.28residential dwelling units are in substandard condition as determined by the city, or if 70 163.29percent or more of the residential dwelling units in the area were built before 1940 new text begin 1960 new text end as 163.30determined by the most recent federal decennial census. 163.31 new text begin (d) The area is characterized by having a disproportionate number of vacant new text end 163.32 new text begin residential buildings and mortgage foreclosures. An area qualifies under this paragraph new text end 163.33 new text begin if it has either: new text end 163.34 new text begin (1) a foreclosure rate of at least 1.5 percent in 2008; or new text end 164.1 new text begin (2) a foreclosure rate in 2008 in the city or in a zip code area of the city that is at new text end 164.2 new text begin least 50 percent higher than the average foreclosure rate in the metropolitan area, as new text end 164.3 new text begin defined in section 473.121, subdivision 2. For purposes of this paragraph, "foreclosure new text end 164.4 new text begin rate" means the number of foreclosures, as indicated by sheriff sales records, divided by new text end 164.5 new text begin the number of households in the city in 2007. new text end 164.6    Subd. 3. Additional area eligible for inclusion in targeted neighborhood new text begin new text end 164.7 new text begin community new text end . (a) A city may add to the area designated as a targeted neighborhood new text begin new text end 164.8 new text begin community new text end under subdivision 2 additional area extending up to four contiguous city 164.9blocks in all directions from the designated targeted neighborhood new text begin community new text end . For the 164.10purpose of this subdivision, "city block" has the meaning determined by the city; or 164.11(b) The city may enlarge the targeted neighborhood new text begin community new text end to include portions 164.12of a census tract that is contiguous to a targeted neighborhood new text begin community new text end , provided that 164.13the city council first determines the additional area satisfies two new text begin three new text end of the three new text begin four new text end 164.14criteria in subdivision 2. 164.15    Sec. 13. Minnesota Statutes 2008, section 469.203, subdivision 1, is amended to read: 164.16    Subdivision 1. Requirements. For each targeted neighborhood new text begin community new text end for 164.17which a city requests state financial assistance under section 469.204, the city must 164.18prepare a comprehensive revitalization and financing program that includes the following: 164.19(1) the revitalization objectives of the city for the targeted neighborhood new text begin community new text end ; 164.20(2) the specific activities or means by which the city intends to pursue and implement 164.21the revitalization objectives; 164.22(3) the extent to which the activities identified in clause (2) will benefit low- 164.23and moderate-income families, will alleviate the blighted condition of the targeted 164.24neighborhood new text begin community new text end , or will otherwise assist in the revitalization of the targeted 164.25neighborhood new text begin community new text end ; 164.26(4) a statement of the intended outcomes to be achieved by implementation of the 164.27 new text begin targeted new text end revitalization program, how the outcomes will be measured both qualitatively and 164.28quantitatively, and the estimated time over which they will occur; and 164.29(5) a financing program and budget that identifies the financial resources necessary 164.30to implement the new text begin targeted new text end revitalization program, including: 164.31(i) the estimated total cost to implement the new text begin targeted new text end revitalization program; 164.32(ii) the estimated cost to implement each activity in the revitalization program 164.33identified in clause (2); 164.34(iii) the estimated amount of financial resources that will be available from all 164.35sources other than from the appropriation available under section 469.204 to implement 165.1the revitalization program, including the amount of private investment expected to result 165.2from the use of public money in the targeted neighborhood new text begin community new text end ; 165.3(iv) the estimated amount of the appropriation available under section 469.204 that 165.4will be necessary to implement the new text begin targeted new text end revitalization program; 165.5(v) a description of the activities identified in the new text begin targeted new text end revitalization program for 165.6which the state appropriation will be committed or spent; and 165.7(vi) a statement of how the city intends to meet the requirement for a financial 165.8contribution from city matching money in accordance with section 469.204, subdivision 3. 165.9    Sec. 14. Minnesota Statutes 2008, section 469.203, subdivision 2, is amended to read: 165.10    Subd. 2. Targeted neighborhood new text begin community new text end participation in preparing 165.11revitalization program. A city requesting state financial assistance under section 165.12469.204 shall adopt new text begin follow new text end a process to involve the residents of targeted neighborhoods new text begin new text end 165.13 new text begin communities new text end in the development, drafting, and implementation of the new text begin targeted new text end 165.14revitalization program. The process shall include the use of a citizen participation 165.15process established by the city. A description of the process must be included in the 165.16program. The process to involve residents of the targeted neighborhood new text begin community new text end 165.17must include at least one public hearing. The city of Minneapolis shall establish the 165.18community-based process as outlined in subdivision 3. The city of St. Paul shall use 165.19the same community-based process the city used in planning, developing, drafting, and 165.20implementing the revitalization program required under Laws 1987, chapter 386, article 6, 165.21section 6. The city of Duluth shall use the same citizen participation process the city used 165.22in planning, developing, and implementing the federal funded community development 165.23program new text begin meeting in the targeted community new text end . 165.24    Sec. 15. Minnesota Statutes 2008, section 469.203, subdivision 4, is amended to read: 165.25    Subd. 4. City approval of program. (a) Before new text begin or after new text end adoption of a revitalization 165.26program under paragraph (b), the city must submit a preliminary program to the 165.27commissioner and the Minnesota Housing Finance Agency for their comments. The city 165.28may not adopt the revitalization program until comments have been received from the 165.29state agencies or 30 days have elapsed without response after the program was sent to 165.30them. Comments received by the city from the state agencies within the 30-day period new text begin 30 new text end 165.31 new text begin days after submission of the preliminary program new text end must be responded to in writing by the 165.32city before adoption of the program by the city. 165.33(b) The city may adopt a new text begin targeted new text end revitalization program only after holding a public 165.34hearing after the program has been prepared. Notice of the hearing must be provided in a 166.1newspaper of general circulation in the city and in the most widely circulated community 166.2newspaper in the targeted neighborhoods not less than ten days nor more than 30 days 166.3before the date of the hearing new text begin subject to any local public notification requirements new text end 166.4 new text begin and consistent with citizen participation process established for identifying targeted new text end 166.5 new text begin communities new text end . 166.6(c) A certification by the city that a new text begin targeted new text end revitalization program has been 166.7approved by the city council for the targeted neighborhood new text begin community new text end must be provided 166.8to the commissioner together with a copy of the program. A copy of the program must 166.9also be provided to the Minnesota Housing Finance Agency and the commissioner of 166.10employment and economic development. 166.11(d) A new text begin targeted new text end revitalization program for the city may be modified at any time by 166.12the city council after a public hearing, notice of which is published in a newspaper of 166.13general circulation in the city and in the targeted neighborhood at least ten days nor 166.14more than 30 days before the date of the hearing. If the city council determines that the 166.15proposed modification is a significant modification to the program originally certified 166.16under paragraph (c), the city council shall implement the new text begin targeted new text end revitalization program 166.17approval and certification process of this subdivision for the proposed modification. 166.18    Sec. 16. Minnesota Statutes 2008, section 469.204, subdivision 1, is amended to read: 166.19    Subdivision 1. Payment of state money. Upon receipt from a city of a certification 166.20that a revitalization program has been adopted or modified, the commissioner shall, within 166.2130 days, pay to the city the amount of state money identified as necessary to implement 166.22the revitalization program or program modification. State money may be paid to the 166.23city only to the extent that the appropriation limit for the city specified in subdivision 2 166.24is not exceeded. Once the state money has been paid to the city, it becomes targeted 166.25neighborhood new text begin community new text end money for use by the city in accordance with an adopted 166.26revitalization program and subject only to the restrictions on its use in sections 469.201 to 166.27469.207 . 166.28    Sec. 17. Minnesota Statutes 2008, section 469.204, is amended by adding a subdivision 166.29to read: 166.30     new text begin Subd. 4. new text end new text begin Revolving fund. new text end new text begin A targeted community revitalization revolving fund new text end 166.31 new text begin is established in the state treasury. The fund consists of all money appropriated to the new text end 166.32 new text begin commissioner for the purposes of sections 469.201 to 469.207 and all proceeds received new text end 166.33 new text begin by the commissioner as the result of housing activities related to a targeted community new text end 166.34 new text begin revitalization program. new text end 167.1    Sec. 18. Minnesota Statutes 2008, section 469.205, is amended to read: 167.2469.205 CITY POWERS; USES OF TARGETED NEIGHBORHOOD new text begin new text end 167.3 new text begin COMMUNITY new text end MONEY. 167.4    Subdivision 1. Consolidation of existing powers in targeted neighborhoods new text begin new text end 167.5 new text begin communities new text end . A city may exercise any of its corporate powers within a targeted 167.6neighborhood new text begin community new text end . Those powers shall include, but not be limited to, all of 167.7the powers enumerated and granted to any city by chapters 462C, 469, and 474A. For 167.8the purposes of sections 469.048 to 469.068, a targeted neighborhood new text begin community new text end is 167.9considered an industrial development district. A city may exercise the powers of sections 167.10469.048 to 469.068 in conjunction with, and in addition to, exercising the powers granted 167.11by sections 469.001 to 469.047 and chapter 462C, in order to promote and assist housing 167.12construction and rehabilitation within a targeted neighborhood new text begin community new text end . For the 167.13purposes of section 462C.02, subdivision 9, a targeted neighborhood new text begin community new text end is 167.14considered a "targeted area." 167.15    Subd. 2. Grants and loans. In addition to the authority granted by other law, a city 167.16may make grants, loans, and other forms of public assistance to individuals, for-profit and 167.17nonprofit corporations, and other organizations to implement a new text begin targeted new text end revitalization 167.18program. The public assistance must contain the terms the city considers proper to 167.19implement a new text begin targeted new text end revitalization program. 167.20    Subd. 3. Eligible uses of targeted neighborhood new text begin community new text end money. The city may 167.21spend targeted neighborhood new text begin community new text end money for any purpose authorized by subdivision 167.221 or 2, except that an amount equal to at least 50 percent of the state payment under section 167.23469.204 made to the city must be used for housing activities. Use of target neighborhood new text begin new text end 167.24 new text begin targeted community new text end money must be authorized in a new text begin targeted new text end revitalization program. 167.25    Sec. 19. Minnesota Statutes 2008, section 469.207, subdivision 2, is amended to read: 167.26    Subd. 2. Annual report. A city that begins to implement a revitalization program 167.27in a calendar year must, by March 1 of the succeeding calendar year, provide a detailed 167.28report on the revitalization program or programs being implemented in the city. The report 167.29must describe the status of the program implementation and analyze whether the intended 167.30outcomes identified in section 469.203, subdivision 1, clause (4), are being achieved. The 167.31report must include at least the following: 167.32(1) the number of housing units, including lost units, removed, created, lost, 167.33replaced, relocated, and assisted as a result of the program. The level of rent of the units 167.34and the income of the households affected must be included in the report; 168.1(2) the number and type of commercial establishments removed, created, and 168.2assisted as a result of a revitalization program. The report must include information 168.3regarding the number of new jobs created by category, whether the jobs are full time or 168.4part time, and the salary or wage levels of both new and expanded jobs in the affected 168.5commercial establishments; 168.6(3) a description of a statement of the cost of the public improvement projects that 168.7are part of the program and the number of jobs created for each $20,000 of money spent 168.8on commercial projects and applicable public improvement projects; 168.9(4) the increase in the tax capacity for the city as a result of the assistance to 168.10commercial and housing assistance; and 168.11(5) the amount of private investment that is a result of the use of public money 168.12in a targeted neighborhood new text begin community new text end . 168.13The report must be submitted to the commissioner, the Minnesota housing finance 168.14agency, and the legislative audit commission, and must be available to the public. 168.15    Sec. 20. Minnesota Statutes 2008, section 580.07, is amended to read: 168.16580.07 POSTPONEMENT. 168.17     new text begin Subdivision 1. new text end new text begin Postponement by mortgagee. new text end The sale may be postponed, from 168.18time to time, by the party conducting the foreclosure, by inserting a notice of the 168.19postponement, as soon as practicable, in the newspaper in which the original advertisement 168.20was published, at the expense of the party requesting the postponement. The notice shall 168.21be published only once. 168.22     new text begin Subd. 2. new text end new text begin Postponement by mortgagor or owner. new text end new text begin (a) If all or a part of the property new text end 168.23 new text begin to be sold is classified as homestead under section 273.124 and contains one to four new text end 168.24 new text begin dwelling units, the mortgagor or owner may postpone the sale to the first date that is not new text end 168.25 new text begin a Saturday, Sunday, or legal holiday and is five months after the originally scheduled new text end 168.26 new text begin date of sale in the manner provided in this subdivision. To postpone a foreclosure sale new text end 168.27 new text begin pursuant to this subdivision, at any time after the first publication of the notice of mortgage new text end 168.28 new text begin foreclosure sale under section 580.03 but at least 15 days prior to the scheduled sale date new text end 168.29 new text begin specified in that notice, the mortgagor shall: (1) execute a sworn affidavit in the form set new text end 168.30 new text begin forth in subdivision 3, (2) record the affidavit in the office of each county recorder and new text end 168.31 new text begin registrar of titles where the mortgage was recorded, and (3) file with the sheriff conducting new text end 168.32 new text begin the sale and deliver to the attorney foreclosing the mortgage, a copy of the recorded new text end 168.33 new text begin affidavit, showing the date and office in which the affidavit was recorded. Recording of new text end 168.34 new text begin the affidavit and postponement of the foreclosure sale pursuant to this subdivision shall new text end 168.35 new text begin automatically reduce the mortgagor's redemption period under section 580.23 to five new text end 169.1 new text begin weeks. The postponement of a foreclosure sale pursuant to this subdivision does not new text end 169.2 new text begin require any change in the contents of the notice of sale, service of the notice of sale if the new text end 169.3 new text begin occupant was served with the notice of sale prior to postponement under this subdivision, new text end 169.4 new text begin or publication of the notice of sale if publication was commenced prior to postponement new text end 169.5 new text begin under this subdivision, notwithstanding the service and publication time periods specified new text end 169.6 new text begin in section 580.03, but the sheriff's certificate of sale shall indicate the actual date of the new text end 169.7 new text begin foreclosure sale and the actual length of the mortgagor's redemption period. No notice new text end 169.8 new text begin of postponement need be published. An affidavit complying with subdivision 3 shall be new text end 169.9 new text begin prima facie evidence of the facts stated therein, and shall be entitled to be recorded. The new text end 169.10 new text begin right to postpone a foreclosure sale pursuant to this subdivision may be exercised only new text end 169.11 new text begin once, regardless whether the mortgagor reinstates the mortgage prior to the postponed new text end 169.12 new text begin mortgage foreclosure sale. new text end 169.13 new text begin (b) If the automatic stay under United States Code, title 11, section 362, applies new text end 169.14 new text begin to the mortgage foreclosure after a mortgagor or owner requests postponement of the new text end 169.15 new text begin sheriff's sale under this section, then when the automatic stay is no longer applicable, the new text end 169.16 new text begin mortgagor's or owner's election to shorten the redemption period to five weeks under this new text end 169.17 new text begin section remains applicable to the mortgage foreclosure. new text end 169.18     new text begin Subd. 3. new text end new text begin Affidavit form. new text end new text begin The affidavit referred to in subdivision 2 shall be in new text end 169.19 new text begin substantially the following form and shall contain all of the following information. new text end 169.20 new text begin STATE OF ______________ new text end 169.21 new text begin COUNTY OF ______________ new text end 169.22     new text begin ________________________________________ (whether one or more, "Owner"), new text end 169.23 new text begin being first duly sworn on oath, states as follows: new text end 169.24     new text begin 1. (He is) (She is) (They are) the owner(s) or mortgagor(s) of the real property (the new text end 169.25 new text begin "Property") situated in __________ (Name of) County, Minnesota, legally described in the new text end 169.26 new text begin attached published Notice of Mortgage Foreclosure Sale (the "Notice"), and make this new text end 169.27 new text begin affidavit for the purpose of postponing the foreclosure sale of the Property pursuant to new text end 169.28 new text begin Minnesota Statutes, section 580.07, subdivision 2, for five months from the date scheduled new text end 169.29 new text begin in the attached Notice. new text end 169.30     new text begin 2. The Property is classified as homestead under Minnesota Statutes, section new text end 169.31 new text begin 273.124, is occupied by Owner as a homestead, and is improved with not more than new text end 169.32 new text begin four dwelling units. new text end 169.33     new text begin 3. Owner has elected to shorten Owner's redemption period from any foreclosure new text end 169.34 new text begin sale of the Property to five weeks in exchange for the postponement of the foreclosure new text end 169.35 new text begin sale for five months. new text end 170.1 new text begin ___________________________________________ (signature(s) of owner) new text end 170.2 new text begin Signed and sworn to (or affirmed) before me on .......... (date) by ................ (name(s) new text end 170.3 new text begin of person(s) making statement). new text end 170.4 new text begin ___________________________________________ (signature of notary public) new text end 170.5 new text begin Notary Public new text end 170.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective one month after the date of final new text end 170.7 new text begin enactment, and applies to foreclosure sales scheduled to occur on or after said effective new text end 170.8 new text begin date. new text end 170.9    Sec. 21. new text begin REPEALER. new text end 170.10 new text begin Minnesota Statutes 2008, sections 469.203, subdivision 3; and 469.204, subdivisions new text end 170.11 new text begin 2 and 3, new text end new text begin are repealed. new text end 170.12ARTICLE 10 170.13MINNESOTA HERITAGE 170.14    Section 1. Minnesota Statutes 2008, section 129D.13, is amended to read: 170.15129D.13 GRANTS. 170.16    Subdivision 1. Distribution. The commissioner shall distribute the money provided 170.17by sections 129D.11 to 129D.13. Twice Annually the commissioner shall make block 170.18grants which shall be distributed in equal amounts to public stations for operational costs. 170.19The commissioner shall allocate money appropriated for the purposes of sections 129D.11 170.20to 129D.13 in such a manner that each eligible public station receives a block grant. In 170.21addition, the commissioner shall make matching grants to public stations. Matching grants 170.22shall be used for operational costs and shall be allocated using the procedure developed 170.23for distribution of state money under this section for grants made in fiscal year 1979. No 170.24station's matching grant in any fiscal year shall exceed the amount of Minnesota-based 170.25contributions received by that station in the previous fiscal year. Grants made pursuant to 170.26this subdivision may only be given to those federally licensed stations that are certified as 170.27eligible for community service grants through the Corporation for Public Broadcasting. 170.28 new text begin Grant funds not expended by a station during the first year of the biennium do not cancel new text end 170.29 new text begin and may be carried over into the second fiscal year. new text end 170.30    Subd. 2. Exclusions from contribution amount. In calculating the amount of 170.31contributions received by a public station pursuant to subdivision 1, there shall be 170.32excluded: contributions, whether monetary or in kind, from the Corporation for Public 171.1Broadcasting; tax generated funds, including payments by public or private elementary 171.2and secondary schools; that portion of any foundation or corporation donation in excess 171.3of $500 new text begin $2,500 new text end from any one contributor in a calendar new text begin the previous station fiscal new text end year; 171.4contributions from any source if made for the purpose of capital expenditures; and 171.5contributions from all sources based outside the state. 171.6    Subd. 3. Report. Each educational station receiving a grant shall annually report 171.7by July 1 new text begin annually by August 1 new text end to the commissioner the purposes for which the money 171.8was used in the past fiscal year and the anticipated use of the money in the next fiscal 171.9year. new text begin This report shall be submitted along with a new grant request submission. new text end The report 171.10shall be certified by an independent auditor or a certified public accountant. If the report 171.11is not submitted by September 1, the commissioner may withhold from the educational 171.12station 45 percent of the amount to which it was entitled based upon the contribution of 171.13the previous fiscal year, and may redistribute that money to other educational stations. 171.14    Subd. 4. Program categories and funding programs. The Board of the Arts 171.15may develop program categories and funding programs in television, film and other 171.16public media. 171.17    Sec. 2. Minnesota Statutes 2008, section 129D.14, subdivision 4, is amended to read: 171.18    Subd. 4. Application. To be eligible for a grant under this section, a licensee 171.19shall submit an application to the commissioner within the deadline prescribed by the 171.20commissioner new text begin according to state grant policies new text end . Each noncommercial radio station 171.21receiving a grant shall report annually within the deadline prescribed by new text begin August 1 to new text end the 171.22commissioner the purposes for which the money was used in the past fiscal year and the 171.23anticipated use of the money for the next fiscal year. new text begin This report shall be submitted along new text end 171.24 new text begin with a new grant request submission. new text end If the application and report are not submitted within 171.25the deadline prescribed by the commissioner, the grant may be redistributed to the other 171.26noncommercial radio stations eligible for a grant under this section. 171.27    Sec. 3. Minnesota Statutes 2008, section 129D.14, subdivision 5, is amended to read: 171.28    Subd. 5. State community service block grants. (a) The commissioner shall 171.29determine eligibility for block grants and the allocation of block grant money on the basis 171.30of audited financial records of the station to receive the block grant funds for the station's 171.31fiscal year preceding the year in which the grant is made, as well as on the basis of the 171.32other requirements set forth in this section. The commissioner shall annually distribute 171.33block grants equally to all stations that comply with the eligibility requirements and for 171.34which a licensee applies for a block grant. new text begin Grant funds not expended by a station during new text end 172.1 new text begin the first year of the biennium do not cancel and may be carried over into the second fiscal new text end 172.2 new text begin year. new text end The commissioner may promulgate rules to implement this section. 172.3    (b) A station may use grant money under this section for any radio station expenses. 172.4    Sec. 4. Minnesota Statutes 2008, section 129D.14, subdivision 6, is amended to read: 172.5    Subd. 6. Audit. A station that receives a grant under this section shall have an 172.6audit of its financial records made by an independent auditor or Corporation for Public 172.7Broadcasting accepted audit at the end of new text begin for new text end the fiscal year for which it received the grant. 172.8The audit shall include a review of station promotion, operation, and management and an 172.9analysis of the station's use of the grant money. A copy of the new text begin most recent new text end audit shall be 172.10filed with the commissioner. If neither is available, The commissioner may accept a letter 172.11of negative assurance from an independent auditor or a certified public accountant. 172.12    Sec. 5. Minnesota Statutes 2008, section 129D.155, is amended to read: 172.13129D.155 REPAYMENT OF FUNDS. 172.14    State funds distributed to public television or noncommercial radio stations and used 172.15to purchase equipment assets must be repaid to the state, without interest, if the assets 172.16purchased with these funds are sold new text begin within five years new text end or otherwise converted to a person 172.17other than a nonprofit or municipal corporation. The amount due to the state shall be the 172.18net amount realized from the sale of the assets, but shall not exceed the amount of state 172.19funds advanced for the purchase of the asset. Public television and noncommercial radio 172.20stations receiving state funds must report biennially to the legislature on the location and 172.21usage of assets purchased with state funds. 172.22    Sec. 6. new text begin COLOCATION REPORT. new text end 172.23     new text begin The Management Analysis Division of the Department of Finance must study and new text end 172.24 new text begin report to the legislature by January 15, 2010, on possible colocation of the offices of the new text end 172.25 new text begin Council on Black Minnesotans, the Council on Affairs of Chicano/Latino People, the new text end 172.26 new text begin Council on Asian-Pacific Minnesotans, and the metropolitan area office of the Indian new text end 172.27 new text begin Affairs Council. The report must include analysis of potential cost savings, when those new text end 172.28 new text begin savings could be realized, and the effect of potential colocation on operations of the new text end 172.29 new text begin councils. new text end 172.30    Sec. 7. new text begin REVISOR'S INSTRUCTION. new text end 173.1     new text begin In Minnesota Statutes, the revisor of statutes shall change the term "commission" to new text end 173.2 new text begin "center" wherever the term appears as part of or in reference to "Minnesota Humanities new text end 173.3 new text begin Commission." new text end