5th Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; merging the Department 1.3 of Economic Security and the Department of Employment 1.4 and Economic Development; making corresponding 1.5 technical and housekeeping changes; amending Minnesota 1.6 Statutes 2002, sections 3.922, subdivision 10; 1.7 15.0591, subdivision 2; 116J.01, subdivisions 4, 5; 1.8 116J.035, subdivision 2; 116J.551; 116J.64, 1.9 subdivisions 4, 5, 7, 8, 9, by adding a subdivision; 1.10 119A.46, subdivision 8; 144.9503, subdivision 1; 1.11 171.321, subdivision 2; 181.73, subdivision 1; 1.12 216C.10; 242.39, subdivision 3; 246.56, subdivision 1; 1.13 256J.08, subdivision 52; 268.001; 268.0111, 1.14 subdivision 4; 268.0122, subdivision 1; 268.29; 1.15 268.66, as amended; 268.665, as amended; 268.976, 1.16 subdivision 2; 268A.01, subdivision 5; Minnesota 1.17 Statutes 2003 Supplement, sections 15.01; 15.057; 1.18 15.06, subdivision 1; 15A.0815, subdivision 2; 16C.05, 1.19 subdivision 3; 116J.011; 116J.401; 116J.64, 1.20 subdivision 6; 116J.966, subdivision 1; 116J.980, 1.21 subdivision 1; 116J.994, subdivisions 9, 10; 116M.15, 1.22 subdivision 1; 248.07, subdivision 8; 256.482, 1.23 subdivision 1; 256C.233, subdivision 1; 268.014; 1.24 268.022, subdivision 1; 268.363; 462A.04, subdivisions 1.25 1, 4; proposing coding for new law in Minnesota 1.26 Statutes, chapters 116J; 268A; repealing Minnesota 1.27 Statutes 2002, sections 116J.036; 116J.414; 268.0111, 1.28 subdivisions 1, 2, 3a, 4a; 268.0121, subdivisions 1, 1.29 2; 268.0122, subdivisions 2, 5, 6; 268.027; 268.028; 1.30 268.26, subdivisions 2, 3; 268.361, subdivision 3; 1.31 268.3661; 268.551; 268.552; 268.56, subdivision 2; 1.32 268.561, subdivision 10; 268.61, subdivision 2; 1.33 268.65, subdivisions 1, 3, 4, 5; 268.666, subdivision 1.34 5; 268.89; 268.918; 268.95, subdivisions 1, 2, 3, 5; 1.35 Minnesota Statutes 2003 Supplement, sections 268.0122, 1.36 subdivision 3; 268.029; 268.26, subdivision 1; 268.65, 1.37 subdivision 2; 268.95, subdivision 4; 268.976, 1.38 subdivision 1; Laws 2001, chapter 175, section 49; 1.39 Minnesota Rules, parts 3300.0050; 3301.0180; 1.40 3301.0190; 3301.0200; 3301.0210; 3301.0220; 3301.0230; 1.41 3310.2903; 3310.2904; 3310.2905, subpart 1; 3310.2906; 1.42 3310.2907; 3310.2909; 3310.2918; 3315.0100; 3315.0202; 1.43 3315.0501, subparts 3, 4, 5; 3315.0510; 3315.0530, 1.44 subpart 1; 3315.0535; 3315.0545; 3315.0555, subpart 5; 1.45 3315.0915; 3315.0920; 3315.1005, subpart 2; 3315.1015; 1.46 3315.1301, subparts 3, 6; 3315.1305; 3315.1310; 2.1 3315.1650, subpart 1; 3315.2410; 3315.2610; 3315.2750; 2.2 3315.2810, subparts 1, 3; 3315.3220, subpart 4; 2.3 3320.0010; 3320.0020; 3320.0030; 7380.0200; 7380.0210; 2.4 7380.0220; 7380.0230; 7380.0240; 7380.0500; 7380.0510; 2.5 7380.0520; 7380.0530; 7380.0540; 7380.0550; 7380.0560; 2.6 7380.0570; 7380.0580; 7380.0581; 7380.0582; 7380.0600; 2.7 7380.0610; 7380.0620; 7380.0630; 7380.0640; 7380.0650; 2.8 7380.0800; 7380.0810; 7380.0820; 7380.0830; 7380.0840. 2.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.10 Section 1. Minnesota Statutes 2002, section 3.922, 2.11 subdivision 10, is amended to read: 2.12 Subd. 10. [RULEMAKING.] Notwithstanding
section 116J.64,2.13 subdivision 7, orother law, the council does not have authority 2.14 to adopt, amend, or repeal rules or to adjudicate contested 2.15 cases or appeals. Rules adopted before July 1, 2001, may 2.16 continue in effect until amended or repealed by law. 2.17 Sec. 2. Minnesota Statutes 2003 Supplement, section 15.01, 2.18 is amended to read: 2.19 15.01 [DEPARTMENTS OF THE STATE.] 2.20 The following agencies are designated as the departments of 2.21 the state government: the Department of Administration; the 2.22 Department of Agriculture; the Department of Commerce; the 2.23 Department of Corrections; the Department of Education; the2.24 Department of Economic Security;the Department of Employment 2.25 and Economic Development; the Department of Finance; the 2.26 Department of Health; the Department of Human Rights; the 2.27 Department of Labor and Industry; the Department of Military 2.28 Affairs; the Department of Natural Resources; the Department of 2.29 Employee Relations; the Department of Public Safety; the 2.30 Department of Human Services; the Department of Revenue; the 2.31 Department of Transportation; the Department of Veterans 2.32 Affairs; and their successor departments. 2.33 Sec. 3. Minnesota Statutes 2003 Supplement, section 2.34 15.057, is amended to read: 2.35 15.057 [PUBLICITY REPRESENTATIVES.] 2.36 No state department, bureau, or division, whether the same 2.37 operates on funds appropriated or receipts or fees of any nature 2.38 whatsoever, except the Department of Transportation, the 2.39 Department of Employment and Economic Development, the Game and 3.1 Fish Division, the Department of Economic Security,and the 3.2 State Agricultural Society shall use any of such funds for the 3.3 payment of the salary or expenses of a publicity 3.4 representative. The head of any such department, bureau, or 3.5 division shall be personally liable for funds used contrary to 3.6 this provision. This section shall not be construed, however, 3.7 as preventing any such department, bureau, or division from 3.8 sending out any bulletins or other publicity required by any 3.9 state law or necessary for the satisfactory conduct of the 3.10 business for which such department, bureau, or division was 3.11 created. 3.12 Sec. 4. Minnesota Statutes 2002, section 15.0591, 3.13 subdivision 2, is amended to read: 3.14 Subd. 2. [BODIES AFFECTED.] A member meeting the 3.15 qualifications in subdivision 1 must be appointed to the 3.16 following boards, commissions, advisory councils, task forces, 3.17 or committees: 3.18 (1) Advisory Council on Battered Women and Domestic Abuse; 3.19 (2) Advisory Task Force on the Use of State Facilities; 3.20 (3) Alcohol and Other Drug Abuse Advisory Council; 3.21 (4) Board of Examiners for Nursing Home Administrators; 3.22 (5) Board on Aging; 3.23 (6) Chiropractic Examiners Board; 3.24 (7) Consumer Advisory Council on Vocational Rehabilitation;3.25 (8)(7) Council on Disability; 3.26 (9)(8) Council on Affairs of Chicano/Latino People; 3.27 (10)(9) Council on Black Minnesotans; 3.28 (11)(10) Dentistry Board; 3.29 (12) Department of Economic Security Advisory Council;3.30 (13)(11) Higher Education Services Office; 3.31 (14)(12) Housing Finance Agency; 3.32 (15)(13) Indian Advisory Council on Chemical Dependency; 3.33 (16)(14) Medical Practice Board; 3.34 (17)(15) Medical Policy Directional Task Force on Mental 3.35 Health; 3.36 (18) Minnesota Employment and Economic Development Task4.1 Force;4.2 (19)(16) Minnesota State Arts Board; 4.3 (20)(17) Nursing Board; 4.4 (21)(18) Optometry Board; 4.5 (22)(19) Pharmacy Board; 4.6 (23)(20) Board of Physical Therapy; 4.7 (24)(21) Podiatry Board; 4.8 (25)(22) Psychology Board; 4.9 (26)(23) Veterans Advisory Committee. 4.10 Sec. 5. Minnesota Statutes 2003 Supplement, section 15.06, 4.11 subdivision 1, is amended to read: 4.12 Subdivision 1. [APPLICABILITY.] This section applies to 4.13 the following departments or agencies: the Departments of 4.14 Administration, Agriculture, Commerce, Corrections, Economic4.15 Security,Education, Employee Relations, Employment and Economic 4.16 Development, Finance, Health, Human Rights, Labor and Industry, 4.17 Natural Resources, Public Safety, Human Services, Revenue, 4.18 Transportation, and Veterans Affairs; the Housing Finance and 4.19 Pollution Control Agencies; the Office of Commissioner of Iron 4.20 Range Resources and Rehabilitation; the Bureau of Mediation 4.21 Services; and their successor departments and agencies. The 4.22 heads of the foregoing departments or agencies are 4.23 "commissioners." 4.24 Sec. 6. Minnesota Statutes 2003 Supplement, section 4.25 15A.0815, subdivision 2, is amended to read: 4.26 Subd. 2. [GROUP I SALARY LIMITS.] The salaries for 4.27 positions in this subdivision may not exceed 95 percent of the 4.28 salary of the governor: 4.29 Commissioner of administration; 4.30 Commissioner of agriculture; 4.31 Commissioner of education; 4.32 Commissioner of commerce; 4.33 Commissioner of corrections; 4.34 Commissioner of economic security;4.35 Commissioner of employee relations; 4.36 Commissioner of finance; 5.1 Commissioner of health; 5.2 Executive director, Higher Education Services Office; 5.3 Commissioner, Housing Finance Agency; 5.4 Commissioner of human rights; 5.5 Commissioner of human services; 5.6 Executive director, State Board of Investment; 5.7 Commissioner of labor and industry; 5.8 Commissioner of natural resources; 5.9 Director of Office of Strategic and Long-Range Planning; 5.10 Commissioner, Pollution Control Agency; 5.11 Commissioner of public safety; 5.12 Commissioner of revenue; 5.13 Commissioner of employment and economic development; 5.14 Commissioner of transportation; and 5.15 Commissioner of veterans affairs. 5.16 Sec. 7. Minnesota Statutes 2003 Supplement, section 5.17 16C.05, subdivision 3, is amended to read: 5.18 Subd. 3. [EXCEPTION.] The requirements of subdivision 2 do 5.19 not apply to contracts of the Department of Employment and 5.20 Economic SecurityDevelopment distributing state and federal 5.21 funds for the purpose of subcontracting the provision of program 5.22 services to eligible recipients. For these contracts, the 5.23 commissioner of employment and economic securitydevelopment is 5.24 authorized to directly enter into agency contracts and encumber 5.25 available funds. For contracts distributing state or federal 5.26 funds pursuant to the federal Economic Dislocation and Worker5.27 Adjustment Assistance Act, United States Code, title 29, section5.28 1651 et seq.,Workforce Investment Act, United States Code, 5.29 title 29, section 2911 et seq., or sections 268.9771, 268.978,5.30 268.9781, and 268.9782section 116L.17, the commissioner 5.31 of economic securityemployment and economic development in 5.32 consultation with the Job Skills Partnership Board is authorized 5.33 to directly enter into agency contracts with approval of the5.34 Workforce Development Counciland encumber available funds to 5.35 ensure a rapid response to the needs of dislocated workers. The 5.36 commissioner of employment and economic securitydevelopment 6.1 shall adopt internal procedures to administer and monitor funds 6.2 distributed under these contracts. This exception also applies 6.3 to any contracts entered into by the commissioner of 6.4 education and the Jobs Skills Partnership Boardthat were 6.5 previously entered into by the commissioner of employment and 6.6 economic securitydevelopment. 6.7 Sec. 8. Minnesota Statutes 2002, section 116J.01, 6.8 subdivision 4, is amended to read: 6.9 Subd. 4. [APPOINTMENT OF DEPUTY COMMISSIONERDIRECTOR OF 6.10 THE OFFICE OF TOURISM.] The deputy commissionerdirector of the 6.11 Office of Tourism shall be appointed by the governor. 6.12 The deputy commissionerdirector is under the supervision of the 6.13 commissioner and serves in the unclassified service. 6.14 Sec. 9. Minnesota Statutes 2002, section 116J.01, 6.15 subdivision 5, is amended to read: 6.16 Subd. 5. [DEPARTMENTAL ORGANIZATION.] (a) The commissioner 6.17 shall organize the department as provided in section 15.06. 6.18 (b) The commissioner may establish divisions and offices 6.19 within the department. The commissioner may employ four deputy 6.20 commissioners in the unclassified service. One deputy must6.21 direct the Minnesota Trade Office and must be experienced and6.22 knowledgeable in matters of international trade. One must6.23 direct the Office of Tourism and be knowledgeable in matters of6.24 tourism.6.25 (c) The commissioner shall: 6.26 (1) employ assistants and other officers, employees, and 6.27 agents that the commissioner considers necessary to discharge 6.28 the functions of the commissioner's office; 6.29 (2) define the duties of the officers, employees, and 6.30 agents, and delegate to them any of the commissioner's powers, 6.31 duties, and responsibilities, subject to the commissioner's 6.32 control and under conditions prescribed by the commissioner. 6.33 (d) The commissioner shall ensure that there are at least 6.34 three tradeemployment and economic development officers in 6.35 state offices in nonmetropolitan areas of the state who will 6.36 work with local units of government on developing local trade7.1 employment and economic development. 7.2 Sec. 10. Minnesota Statutes 2003 Supplement, section 7.3 116J.011, is amended to read: 7.4 116J.011 [MISSION.] 7.5 The mission of the Department of Employment and Economic 7.6 Development is to employ all of the available state government7.7 resources tofacilitate an economic environment that produces 7.8 net new job growth in excess of the national average , to improve7.9 the quality of existing jobs, and to increase nonresident and7.10 resident tourism revenueswhile improving the quality of the 7.11 state workforce. These actions will support the economic 7.12 success of Minnesota individuals, businesses, and communities by 7.13 providing opportunities for growth. It is part of the 7.14 department's mission that within the department's resources the 7.15 commissioner shall endeavor to: 7.16 (1) prevent the waste or unnecessary spending of public 7.17 money; 7.18 (2) use innovative fiscal and human resource practices to 7.19 manage the state's resources and operate the department as 7.20 efficiently as possible; 7.21 (3) coordinate the department's activities wherever 7.22 appropriate with the activities of other governmental agencies; 7.23 (4) use technology where appropriate to increase agency 7.24 productivity, improve customer service, increase public access 7.25 to information about government, and increase public 7.26 participation in the business of government; 7.27 (5) utilize constructive and cooperative labor-management 7.28 practices to the extent otherwise required by chapters 43A and 7.29 179A; 7.30 (6) report to the legislature on the performance of agency 7.31 operations and the accomplishment of agency goals in the 7.32 agency's biennial budget according to section 16A.10, 7.33 subdivision 1; and 7.34 (7) recommend to the legislature appropriate changes in law 7.35 necessary to carry out the mission and improve the performance 7.36 of the department. 8.1 Sec. 11. Minnesota Statutes 2002, section 116J.035, 8.2 subdivision 2, is amended to read: 8.3 Subd. 2. [RULES.] The commissioner may adopt rules 8.4 pursuant to chapter 14 as necessary to carry out the 8.5 commissioner's duties and responsibilities pursuant to this8.6 chapter. 8.7 Sec. 12. Minnesota Statutes 2003 Supplement, section 8.8 116J.401, is amended to read: 8.9 116J.401 [POWERS AND DUTIES.] 8.10 The commissioner of employment and economic development 8.11 shall: 8.12 (1) provide regional development commissions, the 8.13 Metropolitan Council, and units of local government with 8.14 information, technical assistance, training, and advice on using 8.15 federal and state programs; 8.16 (2) receive and administer the Small Cities Community 8.17 Development Block Grant Program authorized by Congress under the 8.18 Housing and Community Development Act of 1974, as amended; 8.19 (3) receive and administer the section 107 technical 8.20 assistance program grants authorized by Congress under the 8.21 Housing and Community Development Act of 1974, as amended; 8.22 (4) receive and administer grants for the Minnesota Jail8.23 Resource Center authorized by Congress under the Juvenile8.24 Justice and Delinquency Prevention Act of 1974, as amended;8.25 (5)receive and, administer, and supervise other state and 8.26 federal grants and grant programs for planning, community 8.27 affairs, community development purposes, employment and training 8.28 services and other state and federal programs assigned to the 8.29 department by law or by the governor in accordance with section 8.30 4.07; and8.31 (6)(5) receive applications for state and federal grants 8.32 and grant programs for planning, community affairs, and 8.33 community development purposes, and other state and federal 8.34 programs assigned to the department by law or by the governor in 8.35 accordance with section 4.07 .; 8.36 (6) act as the agent of, and cooperate with, the federal 9.1 government in matters of mutual concern, including the 9.2 administration of any federal funds granted to the state to aid 9.3 in the performance of functions of the commissioner; 9.4 (7) provide consistent, integrated employment and training 9.5 services across the state; 9.6 (8) administer the Wagner-Peyser Act, the Workforce 9.7 Investment Act, and other federal employment and training 9.8 programs; 9.9 (9) establish the standards for all employment and training 9.10 services administered under this chapter and chapters 116L, 248, 9.11 268, and 268A; 9.12 (10) administer the aspects of the Minnesota family 9.13 investment program, general assistance, and food stamps that 9.14 relate to employment and training services, subject to the 9.15 contract under section 268.86, subdivision 2; 9.16 (11) obtain reports from local service units and service 9.17 providers for the purpose of evaluating the performance of 9.18 employment and training services; 9.19 (12) as requested, certify employment and training 9.20 services, and decertify services that fail to comply with 9.21 performance criteria according to standards established by the 9.22 commissioner; 9.23 (13) develop standards for the contents and structure of 9.24 the local service unit plans and plans for Indian tribe 9.25 employment and training services, review and comment on those 9.26 plans, and approve or disapprove the plans; 9.27 (14) supervise the county boards of commissioners, local 9.28 service units, and any other units of government designated in 9.29 federal or state law as responsible for employment and training 9.30 programs; 9.31 (15) establish administrative standards and payment 9.32 conditions for providers of employment and training services; 9.33 (16) enter into agreements with Indian tribes as necessary 9.34 to provide employment and training services as appropriate funds 9.35 become available; 9.36 (17) cooperate with the federal government and its 10.1 employment and training agencies in any reasonable manner as 10.2 necessary to qualify for federal aid for employment and training 10.3 services and money; 10.4 (18) administer and supervise all forms of unemployment 10.5 insurance provided for under federal and state laws: 10.6 (19) provide current state and substate labor market 10.7 information and forecasts, in cooperation with other agencies; 10.8 (20) require all general employment and training programs 10.9 that receive state funds to make available information about 10.10 opportunities for women in nontraditional careers in the trades 10.11 and technical occupations; 10.12 (21) consult with the rehabilitation council for the blind 10.13 on matters pertaining to programs and services for the blind and 10.14 visually impaired; 10.15 (22) enter into agreements with other departments of the 10.16 state and local units of government as necessary; and 10.17 (23) establish and maintain administrative units necessary 10.18 to perform administrative functions common to all divisions of 10.19 the department. 10.20 Sec. 13. Minnesota Statutes 2002, section 116J.551, is 10.21 amended to read: 10.22 116J.551 [CREATION OF ACCOUNTACCOUNTS.] 10.23 Subdivision 1. [GRANT ACCOUNT.] A contaminated site 10.24 cleanup and development grant account is created in the general 10.25 fund. Money in the account may be used, as appropriated by law, 10.26 to make grants as provided in section 116J.554 and to pay for 10.27 the commissioner's costs in reviewing applications and making 10.28 grants. 10.29 Subd. 2. [REVOLVING LOAN ACCOUNT.] A revolving loan 10.30 account is created in a special revenue fund for the Minnesota 10.31 cleanup revolving loan fund, funded by the United States 10.32 Environmental Protection Agency. Money in the account may be 10.33 invested by the State Board of Investment. Money in the account 10.34 must be used to provide loans and grants in accordance with 10.35 section 116J.559 and the Brownfields Revitalization and 10.36 Environmental Restoration Act of 2001, Public Law 107-118, title 11.1 II, under the authority of the United States Environmental 11.2 Protection Agency, and to pay for the commissioner's cost in 11.3 reviewing applications and making loans and/or grants. 11.4 Sec. 14. [116J.559] [LOANS.] 11.5 The commissioner may provide loans and grants that meet the 11.6 criteria of the Brownfields Revitalization and Environmental 11.7 Restoration Act of 2001, Public Law 107-118, title II, under the 11.8 authority of the United States Environmental Protection Agency, 11.9 from the account established in section 116J.551, subdivision 11.10 2. The commissioner shall prioritize the projects pursuant to 11.11 section 116J.555. 11.12 Sec. 15. Minnesota Statutes 2002, section 116J.64, 11.13 subdivision 4, is amended to read: 11.14 Subd. 4. "Tribal councilgovernment" means the reservation 11.15 business committee, board of trustees, tribal council, federally 11.16 recognized tribal entity, or equivalent duly constituted tribal 11.17 authority. 11.18 Sec. 16. Minnesota Statutes 2002, section 116J.64, 11.19 subdivision 5, is amended to read: 11.20 Subd. 5. "Agency" means the Indian Affairs Council11.21 Department of Employment and Economic Development. 11.22 Sec. 17. Minnesota Statutes 2002, section 116J.64, is 11.23 amended by adding a subdivision to read: 11.24 Subd. 5a. "Eligible organization" means any organization 11.25 approved by a tribal government to administer its portion of the 11.26 Indian business loan fund allotted to the tribal government. 11.27 Sec. 18. Minnesota Statutes 2003 Supplement, section 11.28 116J.64, subdivision 6, is amended to read: 11.29 Subd. 6. (a) The remaining 20 percent of the tax revenue 11.30 received by the county auditor under section 273.165, 11.31 subdivision 1, shall be remitted by the county auditor to the 11.32 commissioner of finance and shall be deposited in an account in 11.33 the special revenue fund. The account is established under the 11.34 jurisdiction and control of the agency, which may engage in a 11.35 business loan program for AmericanIndians as that term is 11.36 defined in subdivision 2. 12.1 (b) The tribal councilsgovernments or eligible 12.2 organization may administer the account, provided that, before 12.3 making any eligible loans, each tribal councilgovernment must 12.4 submit to the agency, for its review and approval, a plan for 12.5 that council'sgovernment's loan program which specifically 12.6 describes, as to that program, its content, the application and 12.7 reporting forms, utilization of money, administration, 12.8 operation, implementation, and other matters required by the 12.9 agency. The plan may provide for the tribal government to 12.10 contract with an eligible organization to administer its loan 12.11 program. 12.12 (c) All such programsplans must provide for a reasonable 12.13 balance in the distribution of money appropriated pursuant to 12.14 this section to make business loans between Indians residing on 12.15 and off the reservations within the state. Each tribal 12.16 government may allocate all, or a portion of, the funds in its 12.17 account to one or more other tribal governments for purposes of 12.18 making eligible loans. As a condition to the making of such 12.19 eligible loans, the tribal councilsgovernments shall enter into 12.20 a loan agreement and other contractual arrangements with the 12.21 agency to carry out this chapter, and shall agree that all 12.22 official books and records relating to the business loan program 12.23 shall be subject to audit by the legislative auditor in the same 12.24 manner prescribed for agencies of state government. 12.25 (d) Whenever money is appropriated by the commissioner of 12.26 finance to the agency solely for the purposes in this 12.27 subdivision, the agency shall record in the Indian business loan 12.28 account the receipt and disbursement of the money and of the 12.29 income, gain and loss from the investment and reinvestment of 12.30 the money. 12.31 Sec. 19. Minnesota Statutes 2002, section 116J.64, 12.32 subdivision 7, is amended to read: 12.33 Subd. 7. (a) An Indian desiring a loan for the purpose of 12.34 starting a business enterprise ,or expanding an existing 12.35 business , or for technical and management assistance,shall make 12.36 application to the Indian Affairs Councilappropriate tribal 13.1 government. The Indian Affairs Council shall prescribe the13.2 necessary forms and advise the prospective borrower as to the13.3 conditions under which the application may be expected to13.4 receive favorable consideration.The application shall be 13.5 forwarded to the appropriate tribal councileligible 13.6 organization, if it is participating in the program, 13.7 for approval or disapproval, and shall beconsideration in 13.8 conformity with the plans submitted by said tribal councils13.9 governments. The tribal government may approve the application 13.10 if it determines that the loan would advance the goals of the 13.11 Indian business loan program. If the tribal councilgovernment 13.12 is not participating in the program, the Indian Affairs Council13.13 agency may directly administerapprove or deny the loan 13.14 application. 13.15 (b) If the application is approved, the Indian Affairs13.16 Counciltribal government shall forward the application, 13.17 together with all relevant documents pertinent thereto, to the 13.18 commissioner of financethe agency, who shall drawcause a 13.19 warrant to be drawn in favor of the applicable tribal council or13.20 the Indian Affairs Councilgovernment, or the agency, if it is 13.21 administering the loan, with appropriate notations identifying 13.22 the borrower. The tribal council or the Indian Affairs Council,13.23 if it is administering the loan, shall thereafter reimburse13.24 suppliers and vendors for purchases of equipment, real estate13.25 and inventory made by the borrower pursuant to the conditions or13.26 guidelines established by the Indian Affairs Council.13.27 (c) The tribal council or the Indian Affairs13.28 Councilgovernment, eligible organization, or the agency, if it 13.29 is administering the loan, shall maintain records of 13.30 transactions for each borrower in a manner consistent with good 13.31 accounting practice. Simple interest at two percent of the13.32 amount of the debt owed shall be charged.The interest rate on 13.33 a loan shall be established by the tribal government or the 13.34 agency, but may be no less than two percent per annum nor more 13.35 than ten percent per annum. When any portion of a debt is 13.36 repaid, the tribal council or the Indian Affairs Council14.1 government, eligible organization, or the agency, if it is 14.2 administering the loan, shall remit the amount so received plus 14.3 interest paid thereon to the commissioner of finance through the 14.4 Indian Affairs Councilagency. The amount so received shall be 14.5 credited to the Indian business loan account. The tribal14.6 council or the Indian Affairs Council, if it is administering14.7 the loan, shall secure a fidelity bond from a surety company, in14.8 favor of the commissioner of finance, in an amount equal to the14.9 maximum amount to the credit of its loan account during the14.10 fiscal year.14.11 (d) On the placing of a loan, additional money equal to ten 14.12 percent of the total amount made available to any tribal council14.13 or the Indian Affairs Councilgovernment, eligible organization, 14.14 or the agency, if it is administering the loan, for loans during 14.15 the fiscal year shall be paid to the counciltribal government, 14.16 eligible organization, or the agency, prior to December 31 for 14.17 the purpose of financing administrative costs. 14.18 Sec. 20. Minnesota Statutes 2002, section 116J.64, 14.19 subdivision 8, is amended to read: 14.20 Subd. 8. Loans made under subdivision 7 shall be limited 14.21 to a period of 20ten years, if made for the purpose of 14.22 financing nonreal estate purchases. Loans made for the purpose 14.23 of financing real estate purchases, where such real property is 14.24 to be used for nonresidential purposes only, shall be limited to 14.25 a period of 4020 years, and shall be a lien on the real 14.26 property so acquired. Under no circumstances shall the state 14.27 take a position junior to third lien. In instances where it is 14.28 impossible or undesirable to secure a lien against real 14.29 property, the state may secure a lien against personal property 14.30 for an amount equal to, or greater than, the face value of the 14.31 loan to ensure that adequate collateral is provided. 14.32 Sec. 21. Minnesota Statutes 2002, section 116J.64, 14.33 subdivision 9, is amended to read: 14.34 Subd. 9. Any person misrepresenting facts regarding the 14.35 Indian ancestry of a prospective borrower for the purpose of 14.36 securing a loan under subdivision 7, whether such borrower beis 15.1 an individual, partnership or corporation, shall be guilty of a 15.2 gross misdemeanor. 15.3 Sec. 22. Minnesota Statutes 2003 Supplement, section 15.4 116J.966, subdivision 1, is amended to read: 15.5 Subdivision 1. [GENERALLY.] (a) The commissioner shall 15.6 promote, develop, and facilitate trade and foreign investment in 15.7 Minnesota. In furtherance of these goals, and in addition to 15.8 the powers granted by section 116J.035, the commissioner may: 15.9 (1) locate, develop, and promote international markets for 15.10 Minnesota products and services; 15.11 (2) arrange and lead trade missions to countries with 15.12 promising international markets for Minnesota goods, technology, 15.13 services, and agricultural products; 15.14 (3) promote Minnesota products and services at domestic and 15.15 international trade shows; 15.16 (4) organize, promote, and present domestic and 15.17 international trade shows featuring Minnesota products and 15.18 services; 15.19 (5) host trade delegations and assist foreign traders in 15.20 contacting appropriate Minnesota businesses and investments; 15.21 (6) develop contacts with Minnesota businesses and gather 15.22 and provide information to assist them in locating and 15.23 communicating with international trading or joint venture 15.24 counterparts; 15.25 (7) provide information, education, and counseling services 15.26 to Minnesota businesses regarding the economic, commercial, 15.27 legal, and cultural contexts of international trade; 15.28 (8) provide Minnesota businesses with international trade 15.29 leads and information about the availability and sources of 15.30 services relating to international trade, such as export 15.31 financing, licensing, freight forwarding, international 15.32 advertising, translation, and custom brokering; 15.33 (9) locate, attract, and promote foreign direct investment 15.34 and business development in Minnesota to enhance employment 15.35 opportunities in Minnesota; 15.36 (10) provide foreign businesses and investors desiring to 16.1 locate facilities in Minnesota information regarding sources of 16.2 governmental, legal, real estate, financial, and business 16.3 services; 16.4 (11) enter into contracts or other agreements with private 16.5 persons and public entities, including agreements to establish 16.6 and maintain offices and other types of representation in 16.7 foreign countries, to carry out the purposes of promoting 16.8 international trade and attracting investment from foreign 16.9 countries to Minnesota and to carry out this section, without 16.10 regard to section 16C.06; and 16.11 (12) market trade-related materials to businesses and 16.12 organizations, and the proceeds of which must be placed in a 16.13 special revolving account and are appropriated to the 16.14 commissioner to prepare and distribute trade-related materials. 16.15 (b) The programs and activities of the commissioner of 16.16 employment and economic development and the Minnesota Trade 16.17 Division may not duplicate programs and activities of the 16.18 commissioner of agriculture or the Minnesota World Trade Center. 16.19 (c) The commissioner shall notify the chairs of the senate 16.20 finance and house appropriations committees of each agreement 16.21 under this subdivision to establish and maintain an office or 16.22 other type of representation in a foreign country. 16.23 Sec. 23. Minnesota Statutes 2003 Supplement, section 16.24 116J.980, subdivision 1, is amended to read: 16.25 Subdivision 1. [DUTIES.] The Department of Employment and 16.26 Economic Development shall: 16.27 (1) be responsible for administering all state community 16.28 development and assistance programs, including the economic 16.29 recovery account, the outdoor recreation grant program,the 16.30 rural development programs, the Minnesota Public Facilities 16.31 Authority loan and grant programs, and the enterprise zone 16.32 program; 16.33 (2) be responsible for state administration of federally 16.34 funded community development and assistance programs, including 16.35 the small cities development grant program, the Minnesota 16.36 cleanup revolving loan fund program created under the 17.1 Brownfields Revitalization and Environmental Restoration Act of 17.2 2001, Public Law 107-118, title II, under the authority of the 17.3 United States Environmental Protection Agency, and land and 17.4 water conservation programprograms; 17.5 (3) provide technical assistance to rural communities for 17.6 community development in cooperation with regional development 17.7 commissions; 17.8 (4) coordinate the development and review of state rural 17.9 development policies; and 17.10 (5) be responsible for coordinating community assistance 17.11 and development programs in cooperation with regional 17.12 development commissions. 17.13 Sec. 24. Minnesota Statutes 2003 Supplement, section 17.14 116J.994, subdivision 9, is amended to read: 17.15 Subd. 9. [COMPILATION AND SUMMARY REPORT.] The Department 17.16 of Employment and Economic Development must publish a 17.17 compilation and summary of the results of the reports for the 17.18 previous two calendar yearyears by AugustDecember 1 of 2004 17.19 and every other year thereafter. The reports of the government 17.20 agencies to the department and the compilation and summary 17.21 report of the department must be made available to the public. 17.22 The commissioner must coordinate the production of reports 17.23 so that useful comparisons across time periods and across 17.24 grantors can be made. The commissioner may add other 17.25 information to the report as the commissioner deems necessary to 17.26 evaluate business subsidies. Among the information in the 17.27 summary and compilation report, the commissioner must include: 17.28 (1) total amount of subsidies awarded in each development 17.29 region of the state; 17.30 (2) distribution of business subsidy amounts by size of the 17.31 business subsidy; 17.32 (3) distribution of business subsidy amounts by time 17.33 category; 17.34 (4) distribution of subsidies by type and by public 17.35 purpose; 17.36 (5) percent of all business subsidies that reached their 18.1 goals; 18.2 (6) percent of business subsidies that did not reach their 18.3 goals by two years from the benefit date; 18.4 (7) total dollar amount of business subsidies that did not 18.5 meet their goals after two years from the benefit date; 18.6 (8) percent of subsidies that did not meet their goals and 18.7 that did not receive repayment; 18.8 (9) list of recipients that have failed to meet the terms 18.9 of a subsidy agreement in the past five years and have not 18.10 satisfied their repayment obligations; 18.11 (10) number of part-time and full-time jobs within separate 18.12 bands of wages; and 18.13 (11) benefits paid within separate bands of wages. 18.14 Sec. 25. Minnesota Statutes 2003 Supplement, section 18.15 116J.994, subdivision 10, is amended to read: 18.16 Subd. 10. [COMPILATION.] The Department of Employment and 18.17 Economic Development must publish a compilation of granting 18.18 agencies' criteria policies adopted in the previous two calendar 18.19 years by AugustDecember 1 of 2004 and every other year 18.20 thereafter. 18.21 Sec. 26. Minnesota Statutes 2003 Supplement, section 18.22 116M.15, subdivision 1, is amended to read: 18.23 Subdivision 1. [CREATION; MEMBERSHIP.] The Urban 18.24 Initiative Board is created and consists of the commissioners18.25 commissioner of employment and economic development and economic18.26 security, the chair of the Metropolitan Council, and eight 18.27 members from the general public appointed by the governor. Six 18.28 of the public members must be representatives from minority 18.29 business enterprises. No more than four of the public members 18.30 may be of one gender. All public members must be experienced in 18.31 business or economic development. 18.32 Sec. 27. Minnesota Statutes 2002, section 119A.46, 18.33 subdivision 8, is amended to read: 18.34 Subd. 8. [TESTING AND EVALUATION.] (a) Testing of the 18.35 environment is not necessary by swab teams whose work is 18.36 assigned by the commissioner of health or a designated board of 19.1 health under section 144.9504. The commissioner of health or 19.2 designated board of health must share the analytical testing 19.3 data collected on each residence for purposes of secondary 19.4 prevention under section 144.9504 with the swab team workers in 19.5 order to provide constructive feedback on their work and to the 19.6 commissioner for the purposes set forth in paragraph (c). 19.7 (b) For purposes of primary prevention evaluation, the 19.8 following samples must be collected: pretesting and posttesting 19.9 of one noncarpeted floor dust lead sample and a notation of the 19.10 extent and location of bare soil and of deteriorated lead-based 19.11 paint. The analytical testing data collected on each residence 19.12 for purposes of primary prevention under section 144.9503 must 19.13 be shared with the swab team workers in order to provide 19.14 constructive feedback on their work and to the commissioner for 19.15 the purposes set forth in paragraph (c). 19.16 (c) The commissioner of health must establish a program in 19.17 cooperation with the commissioner to collect appropriate data as 19.18 required under paragraphs (a) and (b), in order to conduct an 19.19 ongoing evaluation of swab team services for primary and 19.20 secondary prevention. Within the limits of available 19.21 appropriations, the commissioner of health must conduct or 19.22 contract with the commissioner, on up to 1,000 residences which 19.23 have received primary or secondary prevention swab team 19.24 services, a postremediation evaluation, on at least a quarterly 19.25 basis for a period of at least two years for each residence. 19.26 The evaluation must note the condition of the paint within the 19.27 residence, the extent of bare soil on the grounds, and collect 19.28 and analyze one noncarpeted floor dust lead sample. The data 19.29 collected must be evaluated to determine the efficacy of 19.30 providing swab team services as a method of reducing lead 19.31 exposure in young children. In evaluating this data, the 19.32 commissioner of health must consider city size, community 19.33 location, historic traffic flow, soil lead level of the property 19.34 by area or census tract, distance to industrial point sources 19.35 that emit lead, season of the year, age of the housing, age and 19.36 number of children living at the residence, the presence of pets 20.1 that move in and out of the residence, and other relevant 20.2 factors as the commissioner of health may determine. This20.3 evaluation of the swab team program may be paid from amounts20.4 appropriated to the Department of Economic Security for20.5 providing swab team services.20.6 Sec. 28. Minnesota Statutes 2002, section 144.9503, 20.7 subdivision 1, is amended to read: 20.8 Subdivision 1. [PRIMARY PREVENTION PROGRAM.] The 20.9 commissioner shall develop and maintain a primary prevention 20.10 program to reduce lead exposure in young children and pregnant 20.11 women. A board of health serving a city of the first class 20.12 shall determine areas at high risk for toxic lead exposure 20.13 before doing primary prevention lead hazard reduction 20.14 activities. The program shall provide primary prevention lead 20.15 education materials, promote primary prevention swab team 20.16 services in cooperation with the commissioner of economic20.17 security or housing finance, provide lead cleanup equipment and 20.18 material grants as funding allows, monitor regulated lead work, 20.19 and develop and maintain lead-safe practices in cooperation with 20.20 the commissioner of administration. 20.21 Sec. 29. Minnesota Statutes 2002, section 171.321, 20.22 subdivision 2, is amended to read: 20.23 Subd. 2. [RULES.] (a) The commissioner of public safety 20.24 shall prescribe rules governing the physical qualifications of 20.25 school bus drivers and tests required to obtain a school bus 20.26 endorsement. The rules must provide that an applicant for a 20.27 school bus endorsement or renewal is exempt from the physical 20.28 qualifications and medical examination required to operate a 20.29 school bus upon providing evidence of being medically examined 20.30 and certified within the preceding 24 months as physically 20.31 qualified to operate a commercial motor vehicle, pursuant to 20.32 Code of Federal Regulations, title 49, part 391, subpart E, or 20.33 rules of the commissioner of transportation incorporating those 20.34 federal regulations. The commissioner shall accept physical 20.35 examinations for school bus drivers conducted by medical 20.36 examiners authorized as provided by Code of Federal Regulations, 21.1 title 49, chapter 3, part 391, subpart E. 21.2 (b) The commissioner of public safety, in conjunction with 21.3 the commissioner of economic securityeducation, shall adopt 21.4 rules prescribing a training program for Head Start bus 21.5 drivers. The program must provide for initial classroom and 21.6 behind-the-wheel training, and annual in-service training. The 21.7 program must provide training in defensive driving, human 21.8 relations, emergency and accident procedures, vehicle 21.9 maintenance, traffic laws, and use of safety equipment. The 21.10 program must provide that the training will be conducted by the 21.11 contract operator for a Head Start agency, the Head Start 21.12 grantee, a licensed driver training school, or by another person 21.13 or entity approved by both commissioners. 21.14 Sec. 30. Minnesota Statutes 2002, section 181.73, 21.15 subdivision 1, is amended to read: 21.16 Subdivision 1. Any person, association, organization, or 21.17 other group employing five or more persons, full time, part time 21.18 or otherwise, who come within the definition of recruited 21.19 migrant laborers as hereafter defined and who are employed or 21.20 are recruited to be employed in the processing of agricultural 21.21 produce other than as field labor, shall provide at its expense 21.22 health care insurance during the period of employment or for 21.23 illness or injury incurred while employed. Such health care 21.24 insurance shall be in accordance with such rules as the 21.25 commissioner of economic securitylabor and industry may 21.26 prescribe by rule for each such recruited migrant laborer who is 21.27 not a resident of Minnesota and who does not have health care 21.28 insurance meeting the requirements of the rules promulgated by 21.29 the commissioner of economic securitylabor and industry. 21.30 Sec. 31. Minnesota Statutes 2002, section 216C.10, is 21.31 amended to read: 21.32 216C.10 [COMMISSIONER POWERS.] 21.33 (a) The commissioner may: 21.34 (1) adopt rules under chapter 14 as necessary to carry out 21.35 the purposes of sections 216C.05 to 216C.30; 21.36 (2) make all contracts under sections 216C.05 to 216C.30 22.1 and do all things necessary to cooperate with the United States 22.2 government, and to qualify for, accept, and disburse any grant 22.3 intended for the administration of sections 216C.05 to 216C.30; 22.4 (3) provide on-site technical assistance to units of local 22.5 government in order to enhance local capabilities for dealing 22.6 with energy problems; 22.7 (4) administer for the state, energy programs under federal 22.8 law, regulations, or guidelines, except for the low-income home22.9 energy assistance program and low-income weatherization programs22.10 administered by the Department of Economic Security,and 22.11 coordinate the programs and activities with other state 22.12 agencies, units of local government, and educational 22.13 institutions; 22.14 (5) develop a state energy investment plan with yearly 22.15 energy conservation and alternative energy development goals, 22.16 investment targets, and marketing strategies; 22.17 (6) perform market analysis studies relating to 22.18 conservation, alternative and renewable energy resources, and 22.19 energy recovery; 22.20 (7) assist with the preparation of proposals for innovative 22.21 conservation, renewable, alternative, or energy recovery 22.22 projects; 22.23 (8) manage and disburse funds made available for the 22.24 purpose of research studies or demonstration projects related to 22.25 energy conservation or other activities deemed appropriate by 22.26 the commissioner; 22.27 (9) intervene in certificate of need proceedings before the 22.28 Public Utilities Commission; 22.29 (10) collect fees from recipients of loans, grants, or 22.30 other financial aid from money received from litigation or 22.31 settlement of alleged violations of federal petroleum-pricing 22.32 regulations, which fees must be used to pay the department's 22.33 costs in administering those financial aids; and 22.34 (11) collect fees from proposers and operators of 22.35 conservation and other energy-related programs that are 22.36 reviewed, evaluated, or approved by the department, other than 23.1 proposers that are political subdivisions or community or 23.2 nonprofit organizations, to cover the department's cost in 23.3 making the reviewal, evaluation, or approval and in developing 23.4 additional programs for others to operate. 23.5 (b) Notwithstanding any other law, the commissioner is 23.6 designated the state agent to apply for, receive, and accept 23.7 federal or other funds made available to the state for the 23.8 purposes of sections 216C.05 to 216C.30. 23.9 Sec. 32. Minnesota Statutes 2002, section 242.39, 23.10 subdivision 3, is amended to read: 23.11 Subd. 3. [COOPERATION; TYPES OF PROGRAMS.] The 23.12 commissioner of corrections shall work with the commissioner of 23.13 natural resources, the commissioner of economic securitypublic 23.14 safety, local government and nonprofit agencies, educational 23.15 institutions, and the courts to design and develop suitable 23.16 juvenile restitution grant programs. Programs must provide 23.17 services to communities, including but not necessarily limited 23.18 to, park maintenance, recycling, and other related work. 23.19 Eligible juveniles may earn monetary restitution on behalf of a 23.20 victim or perform a service for the victim. Work performed by 23.21 eligible juveniles must not result in the displacement of 23.22 currently employed full- or part-time workers or workers on 23.23 seasonal layoff or layoff from a substantially equivalent 23.24 position, including partial displacement such as reduction in 23.25 hours of nonovertime work, wages, or other employment benefits. 23.26 Any monetary restitution earned by an eligible juvenile must 23.27 either be forwarded to the victim or held in an account for the 23.28 benefit of the victim. 23.29 Sec. 33. Minnesota Statutes 2002, section 246.56, 23.30 subdivision 1, is amended to read: 23.31 Subdivision 1. [THERAPEUTIC WORK ACTIVITIES.] The 23.32 commissioner of human services is hereby authorized to 23.33 establish , subject to the approval of the commissioner of23.34 economic security,work activity programs for the purpose of 23.35 providing therapeutic work activities for regional treatment 23.36 center patients with mental illness and regional treatment 24.1 center residents with mental retardation. Work activity 24.2 programs may be established for the provision of services and 24.3 for the manufacture, processing and repairing of goods, wares, 24.4 and merchandise. Work activity programs may be located on the 24.5 grounds of the regional treatment center or at work sites in the 24.6 community. In establishing services the commissioner shall 24.7 cooperate with existing agencies to avoid duplication of 24.8 available services to the extent feasible. 24.9 Sec. 34. Minnesota Statutes 2003 Supplement, section 24.10 248.07, subdivision 8, is amended to read: 24.11 Subd. 8. [USE OF REVOLVING FUND, LICENSES FOR OPERATION OF 24.12 VENDING MACHINES.] The revolving fund created by Laws 1947, 24.13 chapter 535, section 5, is continued as provided in this 24.14 subdivision and shall be known as the revolving fund for 24.15 vocational rehabilitation of the blind. It shall be used for 24.16 the purchase of equipment and supplies for establishing and 24.17 operating of vending stands by blind persons. All income, 24.18 receipts, earnings, and federal grants due to the operation 24.19 thereof shall also be paid into the fund. All interest earned 24.20 on money accrued in the fund must be credited to the fund by the 24.21 commissioner of finance. All equipment, supplies, and expenses 24.22 for setting up these stands shall be paid for from the fund. 24.23 Authority is hereby given to the commissioner to use the money 24.24 available in the revolving fund that originated as operational 24.25 charges to individuals licensed under this subdivision for the 24.26 establishment, operation, and supervision of vending stands by 24.27 blind persons for the following purposes: (1) purchase, upkeep 24.28 and replacement of equipment; (2) expenses incidental to the 24.29 setting up of new stands and improvement of old stands; (3) 24.30 reimbursement under section 15.059 to individual blind vending 24.31 operators for reasonable expenses incurred in attending 24.32 supervisory meetings as called by the commissioner and other 24.33 expenditures for management services consistent with federal 24.34 law; and (4) purchase of fringe benefits for blind vending 24.35 operators and their employees such as group health insurance, 24.36 retirement program, vacation or sick leave assistance provided 25.1 that the purchase of any fringe benefit is approved by a 25.2 majority vote of blind vending operators licensed pursuant to 25.3 this subdivision after the commissioner provides to each blind 25.4 vending operator information on all matters relevant to the 25.5 fringe benefits. "Majority vote" means a majority of blind 25.6 vending operators voting. Fringe benefits shall be paid only 25.7 from assessments of operators for specific benefits, gifts to 25.8 the fund for fringe benefit purposes, and vending income which 25.9 is not assignable to an individual stand. 25.10 Money originally deposited as merchandise and supplies 25.11 repayments by individuals licensed under this subdivision may be 25.12 expended for initial and replacement stocks of supplies and 25.13 merchandise. Money originally deposited from vending income on 25.14 federal property must be spent consistent with federal law. 25.15 All other deposits may be used for the purchase of general 25.16 liability insurance or any other expense related to the 25.17 operation and supervision of vending stands. 25.18 The commissioner shall issue each license for the operation 25.19 of a vending stand or vending machine for an indefinite period 25.20 but may terminate any license in the manner provided. In 25.21 granting licenses for new or vacated stands preference on the 25.22 basis of seniority of experience in operating stands under the 25.23 control of the commissioner shall be given to capable operators 25.24 who are deemed competent to handle the enterprise under 25.25 consideration. Application of this preference shall not 25.26 prohibit the commissioner from selecting an operator from the 25.27 community in which the stand is located. 25.28 Sec. 35. Minnesota Statutes 2003 Supplement, section 25.29 256.482, subdivision 1, is amended to read: 25.30 Subdivision 1. [ESTABLISHMENT; MEMBERS.] There is hereby 25.31 established the Council on Disability which shall consist of 21 25.32 members appointed by the governor. Members shall be appointed 25.33 from the general public and from organizations which provide 25.34 services for persons who have a disability. A majority of 25.35 council members shall be persons with a disability or parents or 25.36 guardians of persons with a disability. There shall be at least 26.1 one member of the council appointed from each of the state 26.2 development regions. The commissioners of the Departments of 26.3 Education, Human Services, Health, Economic Security,and Human 26.4 Rights and the directors of the Division ofRehabilitation 26.5 Services and State Services for the Blind in the Department of 26.6 Employment and Economic Development or their designees shall 26.7 serve as ex officio members of the council without vote. In 26.8 addition, the council may appoint ex officio members from other 26.9 bureaus, divisions, or sections of state departments which are 26.10 directly concerned with the provision of services to persons 26.11 with a disability. 26.12 Notwithstanding the provisions of section 15.059, each 26.13 member of the council appointed by the governor shall serve a 26.14 three-year term and until a successor is appointed and 26.15 qualified. The compensation and removal of all members shall be 26.16 as provided in section 15.059. The governor shall appoint a 26.17 chair of the council from among the members appointed from the 26.18 general public or who are persons with a disability or their 26.19 parents or guardians. Vacancies shall be filled by the 26.20 authority for the remainder of the unexpired term. 26.21 Sec. 36. Minnesota Statutes 2003 Supplement, section 26.22 256C.233, subdivision 1, is amended to read: 26.23 Subdivision 1. [DEAF AND HARD-OF-HEARING DIVISION.] The 26.24 commissioners of human services, education, employment and 26.25 economic securitydevelopment, and health shall create a 26.26 distinct and separate organizational unit to be known as the 26.27 Deaf and Hard-of-Hearing Services Division to address the 26.28 developmental, social, educational, and occupational needs of 26.29 deaf, deaf-blind, and hard-of-hearing persons through a 26.30 statewide network of collaborative services and by coordinating 26.31 the promulgation of public policies, regulations, legislation, 26.32 and programs affecting deaf, deaf-blind, and hard-of-hearing 26.33 persons. An interdepartmental management team shall supervise26.34 advise the activities of the Deaf and Hard-of-Hearing Services 26.35 Division. The commissioner of human services shall coordinate 26.36 the work of the interagency management team and receive 27.1 legislative appropriations for the division. 27.2 Sec. 37. Minnesota Statutes 2002, section 256J.08, 27.3 subdivision 52, is amended to read: 27.4 Subd. 52. [LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM OR 27.5 LIHEAP.] "Low-income home energy assistance program" or "LIHEAP" 27.6 means the program authorized under United States Code, title 42, 27.7 chapter 94, subchapter II, sections 8621 to 8629, and 27.8 administered by the Minnesota Department of Economic27.9 SecurityCommerce. 27.10 Sec. 38. Minnesota Statutes 2002, section 268.001, is 27.11 amended to read: 27.12 268.001 [CITATION; ECONOMIC SECURITYUNEMPLOYMENT INSURANCE 27.13 LAW.] 27.14 This chapter shall be known and may be cited as the 27.15 "Minnesota Economic SecurityUnemployment Insurance Law." 27.16 Sec. 39. Minnesota Statutes 2002, section 268.0111, 27.17 subdivision 4, is amended to read: 27.18 Subd. 4. [EMPLOYMENT AND TRAINING SERVICES.] "Employment 27.19 and training services" means programs, activities, and services 27.20 related to job training, job placement, and job creation 27.21 including job service programs, Job Training27.22 PartnershipWorkforce Investment Act programs, wage subsidies,27.23 job search, counseling, case management, community work 27.24 experience programs, displaced homemaker programs, disadvantaged 27.25 job training programs, grant diversion, youth employment 27.26 programs, conservation corps, apprenticeship programs, community 27.27 development corporations, economic development programs,27.28 workforce development services to employers, and opportunities 27.29 industrialization centers. 27.30 Sec. 40. Minnesota Statutes 2002, section 268.0122, 27.31 subdivision 1, is amended to read: 27.32 Subdivision 1. [STATE AGENCY.] The commissioner of 27.33 employment and economic securitydevelopment is designated the 27.34 "state agency" as defined by United States Code, title 29, 27.35 section 49c, the Wagner-Peyser Act, as amended through December27.36 31, 1984. 28.1 Sec. 41. Minnesota Statutes 2003 Supplement, section 28.2 268.014, is amended to read: 28.3 268.014 [COOPERATION WITH OTHER STATE AGENCIES.] 28.4 To effectively coordinate job training and placement 28.5 services with future job needs of the state the commissioner 28.6 shall maintain close liaison, coordination and cooperation with 28.7 the commissioner of employment and economic development andany 28.8 other state agency involved in employment issues affecting the 28.9 state. 28.10 Sec. 42. Minnesota Statutes 2003 Supplement, section 28.11 268.022, subdivision 1, is amended to read: 28.12 Subdivision 1. [DETERMINATION AND COLLECTION OF SPECIAL 28.13 ASSESSMENT.] (a) In addition to all other taxes, assessments,28.14 and payment obligations under chapter 268amounts due from an 28.15 employer under the Minnesota unemployment insurance program, 28.16 each employer, except an employer making reimbursements is 28.17 liable for a special assessment levied at the rate of one-tenth28.18 of one percent per year until June 30, 2000, and28.19 seven-hundredths of one percent per year on and after July 1,28.20 2000,on all taxable wages, as defined in section 268.035, 28.21 subdivision 24. The assessment shall become due and be paid by 28.22 each employer to the departmenton the same schedule and in the 28.23 same manner as other taxesamounts due from an employer under 28.24 section 268.051, subdivision 1. 28.25 (b) The special assessment levied under this section shall 28.26 not affect the computation of any other taxes, assessments, or28.27 payment obligations due under this chapterbe subject to the 28.28 same requirements and collection procedures as any amounts due 28.29 from an employer under the Minnesota unemployment insurance 28.30 program. 28.31 Sec. 43. Minnesota Statutes 2002, section 268.29, is 28.32 amended to read: 28.33 268.29 [JUVENILE JUSTICE PROGRAM.] 28.34 The governor shall designate the Department of Economic28.35 SecurityPublic Safety as the sole agency responsible for 28.36 supervising the preparation and administration of the state plan 29.1 for juvenile justice required by the Juvenile Justice and 29.2 Delinquency Prevention Act of 1974, as amended. 29.3 The governor shall designate the Juvenile Justice Advisory 29.4 Committee as the supervisory board for the Department of 29.5 Economic SecurityPublic Safety with respect to preparation and 29.6 administration of the state plan and award of grants. 29.7 The governor shall appoint members to the Juvenile Justice 29.8 Advisory Committee in accordance with the membership 29.9 requirements of the Juvenile Justice and Delinquency Prevention 29.10 Act of 1974, as amended. Section 15.059, subdivision 3, governs 29.11 the compensation of the members. 29.12 Sec. 44. Minnesota Statutes 2003 Supplement, section 29.13 268.363, is amended to read: 29.14 268.363 [ADVISORY COMMITTEE.] 29.15 A 13-member12-member advisory committee is established as 29.16 provided under section 15.059 to assist the commissioner in 29.17 selecting eligible organizations to receive program grants and 29.18 evaluating the final reports of each 29.19 organization. Notwithstanding section 15.059, the advisory29.20 committee shall not expire before June 30, 1995.Members of the 29.21 committee may be reimbursed for expenses but may not receive any 29.22 other compensation for service on the committee. The advisory 29.23 committee consists of representatives of the commissioners of 29.24 education, human services, and employment and economic 29.25 securitydevelopment; a representative of the chancellor of the 29.26 Minnesota State Colleges and Universities; a representative of 29.27 the commissioner of the Housing Finance Agency; the director of29.28 the Office of Jobs Policy;and seven public members appointed by 29.29 the governor. Each of the following groups must be represented 29.30 by a public member experienced in working with targeted youth: 29.31 labor organizations, local educators, community groups, 29.32 consumers, local housing developers, youth between the ages of 29.33 16 and 24 who have a period of homelessness, and other homeless 29.34 persons. At least three of the public members must be from 29.35 outside of the metropolitan area as defined in section 473.121, 29.36 subdivision 2. The commissioner may provide staff to the 30.1 advisory committee to assist it in carrying out its purpose. 30.2 Sec. 45. Minnesota Statutes 2002, section 268.66, as 30.3 amended by Laws 2003, First Special Session chapter 4, section 30.4 1, is amended to read: 30.5 268.66 [FIRST SOURCE AGREEMENTS.] 30.6 Subdivision 1. [LIST OF VACANCIES.] A business or private 30.7 enterprise receiving grants or loans from the state in amounts 30.8 over $200,000 a year shall as part of the grant or loan agree to 30.9 list any vacant or new positions with the job services of the30.10 commissioner of economic security or the local service30.11 unitsstate workforce centers. 30.12 Subd. 2. [GRANT AND LOAN AGREEMENTS.] The commissioner of30.13 employment and economic developmentshall incorporate the 30.14 provisions of this section into grant and loan agreements and30.15 assist the commissioner of economic security and the local30.16 service units to promote private sector listings with job30.17 services and to evaluate their effect on employers and30.18 individuals who are referred. 30.19 Sec. 46. Minnesota Statutes 2002, section 268.665, as 30.20 amended by Laws 2003, chapter 130, section 12, and Laws 2003, 30.21 First Special Session chapter 4, section 1, is amended to read: 30.22 268.665 [WORKFORCE DEVELOPMENT COUNCIL.] 30.23 Subdivision 1. [CREATION.] The governor's Workforce 30.24 Development Council is created under the authority of the Job30.25 Training Partnership Act, United States Code, title 29, section30.26 1501Workforce Investment Act, United States Code, title 29, 30.27 section 2911, et seq. Local workforce development councils are 30.28 authorized under the Job Training Partnership Act, United States30.29 Code, title 29, section 1501 and the one stop career center30.30 systemWorkforce Investment Act. The governor's Workforce 30.31 Development Council serves as Minnesota's Workforce Investment 30.32 Board for the purposes of the federal Workforce Investment Act. 30.33 Subd. 2. [MEMBERSHIP.] The governor's Workforce 30.34 Development Council is composed of 3331 members appointed by 30.35 the governor. The members may be removed pursuant to section 30.36 15.059. In selecting the representatives of the council, the 31.1 governor shall ensure that 50 percent of the members come from 31.2 nominations provided by local workforce councils. Local 31.3 education representatives shall come from nominations provided 31.4 by local education to employment partnerships. The 3331 31.5 members shall represent the following sectors: 31.6 (a) State agencies: the following individuals shall serve 31.7 on the council: 31.8 (1) commissioner of the Minnesota Department of Employment 31.9 and Economic SecurityDevelopment; 31.10 (2) commissioner of the Minnesota Department of 31.11 Education; and 31.12 (3) commissioner of the Minnesota Department of Human 31.13 Services ; and31.14 (4) commissioner of the Minnesota Department of Employment31.15 and Economic Development. 31.16 (b) Business and industry: six individuals shall represent 31.17 the business and industry sectors of Minnesota. 31.18 (c) Organized labor: six individuals shall represent labor 31.19 organizations of Minnesota. 31.20 (d) Community-based organizations: four individuals shall 31.21 represent community-based organizations of Minnesota. 31.22 Community-based organizations are defined by the Job Training31.23 PartnershipWorkforce Investment Act as private nonprofit 31.24 organizations that are representative of communities or 31.25 significant segments of communities and that provide job31.26 training services, agencies serving youth, agencies serving31.27 individuals with disabilities, agencies serving displaced31.28 homemakers, union-related organizations, and employer-related31.29 nonprofit organizations and organizations serving nonreservation31.30 Indians and tribal governmentshave demonstrated expertise and 31.31 effectiveness in the field of workforce investment and may 31.32 include entities that provide job training services, serve 31.33 youth, serve individuals with disabilities, serve displaced 31.34 homemakers, union-related organizations, employer-related 31.35 nonprofit organizations, and organizations serving 31.36 nonreservation Indians and tribal governments. 32.1 (e) Education: six individuals shall represent the 32.2 education sector of Minnesota as follows: 32.3 (1) one individual shall represent local public secondary 32.4 education; 32.5 (2) one individual shall have expertise in design and 32.6 implementation of school-based service-learning; 32.7 (3) one individual shall represent postsecondary32.8 educationleadership of the University of Minnesota; 32.9 (4) one individual shall represent secondary/postsecondary 32.10 vocational institutions; 32.11 (5) the chancellor of the Board of Trustees of the 32.12 Minnesota State Colleges and Universities; and 32.13 (6) one individual shall have expertise in agricultural 32.14 education. 32.15 (f) Other: two individuals shall represent other 32.16 constituencies including: 32.17 (1) units of local government; and 32.18 (2) applicable state or local programs. 32.19 The speaker and the minority leader of the house of 32.20 representatives shall each appoint a representative to serve as 32.21 an ex officio member of the council. The majority and minority 32.22 leaders of the senate shall each appoint a senator to serve as 32.23 an ex officio member of the council. After January 1, 1997, the32.24 Minnesota director of the Corporation for National Service shall32.25 also serve as an ex officio member.32.26 (g) Appointment: each member shall be appointed for a term 32.27 of three years from the first day of January or July immediately 32.28 following their appointment. Elected officials shall forfeit 32.29 their appointment if they cease to serve in elected office. 32.30 (h) Members of the council are compensated as provided in 32.31 section 15.059, subdivision 3. 32.32 Subd. 3. [PURPOSE; DUTIES.] The governor's Workforce 32.33 Development Council shall replace the governor's Job Training 32.34 Council and assume all of its requirements, duties, and 32.35 responsibilities, under the Job Training Partnership Act, United32.36 States Code, title 29, section 1501, et seqWorkforce Investment 33.1 Act. Additionally, the Workforce Development Council shall 33.2 assume the following duties and responsibilities: 33.3 (a) Coordinate the development, implementation, and33.4 evaluation of the statewide education and employment transitions33.5 system under section 124D.46. Beginning January 1, 1997, the33.6 council shall also coordinate the development, implementation,33.7 and evaluation of the Minnesota youth services programs under33.8 sections 124D.39 to 124D.44, and the National and Community33.9 Services Act of 1993, United States Code, title 42, section33.10 12501, et seq.33.11 (b)Review the provision of services and the use of funds 33.12 and resources under applicable federal human resource programs 33.13 and advise the governor on methods of coordinating the provision 33.14 of services and the use of funds and resources consistent with 33.15 the laws and regulations governing the programs. For purposes 33.16 of this section, applicable federal and state human resource 33.17 programs mean the: 33.18 (1) Job Training Partnership Act, United States Code, title33.19 29, section 1501Workforce Investment Act, United States Code, 33.20 title 29, section 2911, et seq.; 33.21 (2) Carl D. Perkins Vocational and Applied Technology 33.22 Education Act, United States Code, title 20, section 2301, et 33.23 seq.; 33.24 (3) National and Community Service Act of 1993, United33.25 States Code, title 42, section 12501, et seq.;33.26 (4)Adult Education Act, United States Code, title 20, 33.27 section 1201, et seq.; 33.28 (5)(4) Wagner-Peyser Act, United States Code, title 29, 33.29 section 49; 33.30 (6) Social Security Act, title IV, part F, (JOBS), United33.31 States Code, title 42, section 681, et seq.(5) Personal 33.32 Responsibility and Work Opportunities Act of 1996 (TANF); 33.33 (7)(6) Food Stamp Act of 1977, United States Code, title 33.34 7, section 6(d)(4), Food Stamp Employment and Training Program, 33.35 United States Code, title 7, section 2015(d)(4); and 33.36 (8)(7) programs defined in section 268.0111, subdivision 5 34.1 ; and34.2 (9) School to Work Opportunity Act of 1994, Public Law34.3 103-239. 34.4 Additional federal and state programs and resources can be 34.5 included within the scope of the council's duties if recommended 34.6 by the governor after consultation with the council. 34.7 (c)(b) Review federal, state, and local education, 34.8 postsecondary, job skills training, and youth employment 34.9 programs, and make recommendations to the governor and the 34.10 legislature for establishing an integrated seamless system for 34.11 providing education , service-learning,and work skills 34.12 development services to learners and workers of all ages. 34.13 (d)(c) Advise the governor on the development and 34.14 implementation of statewide and local performance standards and 34.15 measures relating to applicable federal human resource programs 34.16 and the coordination of performance standards and measures among 34.17 programs. 34.18 (e) Develop program guidelines and recommend grant approval34.19 procedures to the Department of Education for grants to local34.20 education and employment transition partnerships, including34.21 implementation grants under section 124D.46, grants for youth34.22 apprenticeship programs under section 124D.47, and youth34.23 employer grants; and34.24 (1) coordinate implementation of the education and34.25 employment transitions system under section 124D.46;34.26 (2)(d) promote education and employment transitions 34.27 programs and knowledge and skills of entrepreneurship among 34.28 employers, workers, youth, and educators, and encourage 34.29 employers to provide meaningful work-based learning 34.30 opportunities; 34.31 (3)(e) evaluate and identify exemplary education and 34.32 employment transitions programs and provide technical assistance 34.33 to local partnerships to replicate the programs throughout the 34.34 state ;34.35 (4) establish a performance-based quality assurance system34.36 for consistent statewide evaluation of the performance of the35.1 education and employment transitions system at both the state35.2 and local level;35.3 (5) conduct an annual review of each local education and35.4 employment transitions partnership to ensure it adequately meets35.5 the quality assurance standards established as part of the state35.6 quality assurance system;35.7 (6) develop the methods to assess local partnership35.8 effectiveness;35.9 (7) annually publish a report on the findings of the35.10 evaluations of each local education transitions partnership;35.11 (8) promote knowledge and skills of entrepreneurship among35.12 students in kindergarten through grade 12 by sharing information35.13 about the ways new business development contributes to a strong35.14 economy. 35.15 (f) Advise the governor on methods to evaluate applicable 35.16 federal human resource programs. 35.17 (g) Sponsor appropriate studies to identify human 35.18 investment needs in Minnesota and recommend to the governor 35.19 goals and methods for meeting those needs. 35.20 (h) Recommend to the governor goals and methods for the 35.21 development and coordination of a human resource system in 35.22 Minnesota. 35.23 (i) Examine federal and state laws, rules, and regulations 35.24 to assess whether they present barriers to achieving the 35.25 development of a coordinated human resource system. 35.26 (j) Recommend to the governor and to the federal government 35.27 changes in state or federal laws, rules, or regulations 35.28 concerning employment and training programs that present 35.29 barriers to achieving the development of a coordinated human 35.30 resource system. 35.31 (k) Recommend to the governor and to the federal government 35.32 waivers of laws and regulations to promote coordinated service 35.33 delivery. 35.34 (l) Sponsor appropriate studies and prepare and recommend 35.35 to the governor a strategic plan which details methods for 35.36 meeting Minnesota's human investment needs and for developing 36.1 and coordinating a state human resource system. 36.2 Subd. 3a. [EXECUTIVE COMMITTEE DUTIES.] The executive 36.3 committee must, with advice and input of local workforce 36.4 councils and other stakeholders as appropriate, develop 36.5 performance standards for the state workforce centers. By 36.6 January 15, 2002, and each odd-numbered year thereafter, the 36.7 executive committee shall submit a report to the senate and 36.8 house committees with jurisdiction over workforce development 36.9 programs regarding the performance and outcomes of the workforce 36.10 centers. The report must provide recommendations regarding 36.11 workforce center funding levels and sources, program changes, 36.12 and administrative changes. 36.13 Subd. 4. [SUBCOMMITTEES.] The governor's workforce36.14 development council shall appoint an advisory subcommittee the36.15 majority of whose members shall represent business and industry36.16 to advise the council on the establishment of the statewide36.17 education and employment transitions system.The chair of the 36.18 Workforce Development Council may establish subcommittees in 36.19 order to carry out the duties and responsibilities of the 36.20 council. 36.21 Subd. 5. [STAFFING.] The Department of Employment and 36.22 Economic SecurityDevelopment must provide staff support to the 36.23 Minnesota Workforce Development Council. The Department of36.24 Economic Security and the Department of Education shall jointly36.25 staff the Education and Employment Transitions Subcommittee and36.26 its activity with the full council.The support includes 36.27 professional, technical, and clerical staff necessary to perform 36.28 the duties assigned to the Workforce Development Council. The 36.29 council may ask for assistance from other units of state 36.30 government as it requires in order to fulfill its duties and 36.31 responsibilities. 36.32 Subd. 6. [EXPIRATION.] The council expires immediately if36.33 it is no longer required by federal law as a condition of36.34 receiving federal funding, orif there is no federal funding for 36.35 the human resource programs within the scope of the council's 36.36 duties. 37.1 Sec. 47. Minnesota Statutes 2002, section 268.976, 37.2 subdivision 2, is amended to read: 37.3 Subd. 2. [NOTICE.] (a) The commissioner shall encourage 37.4 those business establishments considering a decision to effect a 37.5 plant closing, substantial layoff, or relocation of operations 37.6 located in this state to give notice of that decision as early 37.7 as possible to the commissioner, the employees of the affected 37.8 establishment, any employee organization representing the 37.9 employees, and the local government unit in which the affected 37.10 establishment is located. This notice shall be in addition to 37.11 any notice required under the Worker Adjustment and Retraining 37.12 Notification Act, United States Code, title 29, section 2101. 37.13 (b) Notwithstanding section 268.975, subdivision 6,For 37.14 purposes of this section, "plant closing" means the announced or 37.15 actual permanent or temporary shutdown of a single site of 37.16 employment, or one or more facilities or operating units within 37.17 a single site of employment, if the shutdown results in an 37.18 employment loss at the single site of employment during any 37.19 30-day period for 50 or more employees excluding employees who 37.20 work less than 20 hours per week. 37.21 Sec. 48. Minnesota Statutes 2002, section 268A.01, 37.22 subdivision 5, is amended to read: 37.23 Subd. 5. [PERSON WITH A DISABILITY.] "Person with a 37.24 disability" means a person who because of a substantial37.25 physical, mental, or emotional disability requires special37.26 services in order to enjoy the benefits of societyan 37.27 "individual with a disability" as defined in the federal 37.28 Rehabilitation Act of 1973, as amended. 37.29 Sec. 49. [268A.085] [REHABILITATION FACILITY BOARDS.] 37.30 Subdivision 1. [APPOINTMENT; MEMBERSHIP.] Every city, 37.31 town, county, nonprofit corporation, or combination thereof 37.32 establishing a rehabilitation facility shall appoint a 37.33 rehabilitation facility board of no fewer than nine members 37.34 before becoming eligible for the assistance provided by sections 37.35 268A.06 to 268A.15. When any city, town, or county singly 37.36 establishes such a rehabilitation facility, the board shall be 38.1 appointed by the chief executive officer of the city or the 38.2 chair of the governing board of the county or town. When any 38.3 combination of cities, towns, counties, or nonprofit 38.4 corporations establishes a rehabilitation facility, the chief 38.5 executive officers of the cities, nonprofit corporations, and 38.6 the chairs of the governing bodies of the counties or towns 38.7 shall appoint the board. If a nonprofit corporation singly 38.8 establishes a rehabilitation facility, the corporation shall 38.9 appoint the board of directors. Membership on a board shall be 38.10 representative of the community served and shall include a 38.11 person with a disability. One-third to one-half of the board 38.12 shall be representative of industry or business. The remaining 38.13 members should be representative of lay associations for persons 38.14 with a disability, labor, the general public, and education, 38.15 welfare, medical, and health professions. Nothing in sections 38.16 268A.06 to 268A.15 shall be construed to preclude the 38.17 appointment of elected or appointed public officials or members 38.18 of the board of directors of the sponsoring nonprofit 38.19 corporation to the board, so long as the representation 38.20 described above is preserved. If a county establishes an 38.21 extended employment program and manages the program with county 38.22 employees, the governing board shall be the county board of 38.23 commissioners, and other provisions of this chapter pertaining 38.24 to membership on the governing board do not apply. 38.25 Subd. 2. [DUTIES.] Subject to the provisions of sections 38.26 268A.06 to 268A.15 and the rules of the department, each 38.27 rehabilitation facility board shall: 38.28 (1) review and evaluate the need for extended employment 38.29 programs offered by the rehabilitation facility provided under 38.30 sections 268A.06 to 268A.15; 38.31 (2) recruit and promote local financial support for 38.32 extended employment programs from private sources including: 38.33 the United Way; business, industrial, and private foundations; 38.34 voluntary agencies; and other lawful sources, and promote public 38.35 support for municipal and county appropriations; 38.36 (3) promote, arrange, and implement working agreements with 39.1 other educational and social service agencies, both public and 39.2 private, and any other allied agencies; and 39.3 (4) when an extended employment program offered by the 39.4 rehabilitation facility is certified, act as the administrator 39.5 of the rehabilitation facility and its programs for purposes of 39.6 this chapter. 39.7 Sec. 50. Minnesota Statutes 2003 Supplement, section 39.8 462A.04, subdivision 1, is amended to read: 39.9 Subdivision 1. [CREATION; MEMBERS.] There is created a 39.10 public body corporate and politic to be known as the "Minnesota 39.11 Housing Finance Agency," which shall perform the governmental 39.12 functions and exercise the sovereign powers delegated to it in 39.13 this chapter in furtherance of the public policies and purposes 39.14 declared in section 462A.02. The agency shall consist of the 39.15 commissioner of employment and economic development,state 39.16 auditor ,and fivesix public members appointed by the governor 39.17 with advice and consent of the senate. No more than twothree 39.18 public members shall reside in the area of jurisdiction of the 39.19 Metropolitan Council as provided in section 473.123, subdivision 39.20 1, and no more than one public member shall reside in any one of 39.21 the development regions established under the provisions of 39.22 sections 462.381 to 462.396. Each member shall hold office 39.23 until a successor has been appointed and has qualified. A 39.24 certificate of appointment or reappointment of any member shall 39.25 be conclusive evidence of the due and proper appointment of the 39.26 member. 39.27 Sec. 51. Minnesota Statutes 2003 Supplement, section 39.28 462A.04, subdivision 4, is amended to read: 39.29 Subd. 4. [CHAIRS.] The chair of the board of directors 39.30 shall be designated by the governor from among the public 39.31 members appointed. The vice-chair of the board shall be the39.32 commissioner of employment and economic development.39.33 Sec. 52. [REVISOR INSTRUCTION.] 39.34 (a) The revisor of statutes shall substitute "employment 39.35 and economic development" for "economic security" when the 39.36 reference refers to the department or commissioner in Minnesota 40.1 Statutes, sections 3C.12; 4.045; 10A.01; 13.32; 13.43; 13.46; 40.2 13.47; 13.475; 13.791; 14.03; 14.3691; 15.39; 16B.181; 16B.54; 40.3 16C.10; 16C.15; 116C.772; 116L.04; 119A.04; 119A.15; 119B.011; 40.4 124D.375; 124D.49; 124D.52; 125A.023; 125A.28; 125A.59; 40.5 144.0525; 145.9266; 176.011; 176.102; 176.181; 176.186; 176.291; 40.6 176.361; 245.4705; 245.696; 245.697; 245.771; 248.07; 252.33; 40.7 252.431; 256.482; 256.998; 256C.26; 256C.28; 256D.02; 256D.051; 40.8 256J.49; 256J.51; 256J.61; 256J.645; 256J.751; 268.035, 40.9 subdivisions 8a and 12a; 268.86; 268A.01; 268A.02; 268A.07; 40.10 268A.11; 268A.13; 268A.14; 268A.15; 270A.09; 290.92; 363A.06; 40.11 363A.20; 375.552; 469.301; 474A.045; 480A.06; 480A.09; 517.08; 40.12 518.551; 518.5513; 523.24; and 611A.202. 40.13 (b) The revisor of statutes shall substitute "unemployment 40.14 insurance" for "reemployment insurance" in Minnesota Statutes, 40.15 section 356.50. 40.16 (c) The revisor of statutes shall substitute "unemployment 40.17 insurance" for "unemployment compensation" in Minnesota 40.18 Statutes, sections 116J.993; 256B.0952; 256B.421; 256D.051; and 40.19 299C.69. 40.20 (d) The revisor of statutes shall substitute "unemployment 40.21 insurance program" for "unemployment insurance program and job 40.22 service" in Minnesota Statutes, chapter 268. 40.23 (e) The revisor of statutes shall substitute "knowingly" 40.24 for "intentionally" in Minnesota Statutes, chapter 268. 40.25 (f) The revisor of statutes shall substitute 40.26 "rehabilitation services" for "Division of Rehabilitation 40.27 Services" when referring to the Department of Employment and 40.28 Economic Development operating unit in Minnesota Statutes, 40.29 sections 176.102, subdivision 10; 268A.03; 268A.11; and 268A.15. 40.30 (g) The revisor of statutes shall substitute "employment 40.31 and economic development" for "trade and economic development" 40.32 when referring to the department or commissioner of employment 40.33 and economic development in Minnesota Statutes, sections 40.34 469.005; 473.351; and 473.608. 40.35 (h) The revisor of statutes shall change the title of 40.36 Minnesota Statutes, chapter 116L, to "Workforce Development." 41.1 (i) The revisor of statutes shall renumber each section of 41.2 Minnesota Statutes specified in column A with the number set 41.3 forth in column B. The revisor shall also make necessary 41.4 cross-reference changes consistent with the renumbering. 41.5 Column A Column B 41.6 268.0111, subds. 4 to 9 116L.19, subds. 4 to 9 41.7 268.0121, subd. 3 116J.01, subd. 6 41.8 268.0121, subd. 4 116J.035, subd. 4 41.9 268.0121, subd. 5 116J.035, subd. 5 41.10 268.0122, subd. 1 116J.401, subd. 2 41.11 268.0122, subd. 4 116J.035, subd. 4 41.12 268.0122, subd. 7 116J.401, subd. 3 41.13 268.0124 116J.0124 41.14 268.0125 116J.0125 41.15 268.014 116J.014 41.16 268.022 116L.20 41.17 268.29 299A.72 41.18 268.30 116L.30 41.19 268.361 116L.361 41.20 268.362 116L.362 41.21 268.3625 116L.3625 41.22 268.363 116L.363 41.23 268.364 116L.364 41.24 268.365 116L.365 41.25 268.366 116L.366 41.26 268.56 116L.56 41.27 268.561 116L.561 41.28 268.60 116L.60 41.29 268.61 116L.61 41.30 268.62 116L.62 41.31 268.63 116L.63 41.32 268.64 116L.64 41.33 268.66 116L.66 41.34 268.665 116L.665 41.35 268.666 116L.666 41.36 268.86 116L.86 42.1 268.871 116L.871 42.2 268.872 116L.872 42.3 268.88 116L.88 42.4 268.881 116L.881 42.5 268.9165 119A.545 42.6 268.96 116L.96 42.7 268.976 116L.976 42.8 Sec. 53. [REPEALER.] 42.9 Subdivision 1. [MINNESOTA STATUTES.] Minnesota Statutes 42.10 2002, sections 116J.036; 116J.414; 268.0111, subdivisions 1, 2, 42.11 3a, and 4a; 268.0121, subdivisions 1 and 2; 268.0122, 42.12 subdivisions 2, 5, and 6; 268.027; 268.028; 268.26, subdivisions 42.13 2 and 3; 268.361, subdivision 3; 268.3661; 268.551; 268.552; 42.14 268.56, subdivision 2; 268.561, subdivision 10; 268.61, 42.15 subdivision 2; 268.65, subdivisions 1, 3, 4, and 5; 268.666, 42.16 subdivision 5; 268.89; 268.918; and 268.95, subdivisions 1, 2, 42.17 3, and 5, are repealed. Minnesota Statutes 2003 Supplement, 42.18 sections 268.0122, subdivision 3; 268.029; 268.26, subdivision 42.19 1; 268.65, subdivision 2; 268.95, subdivision 4; and 268.976, 42.20 subdivision 1, are repealed. 42.21 Subd. 2. [LAWS.] Laws 2001, chapter 175, section 49, is 42.22 repealed. 42.23 Subd. 3. [MINNESOTA RULES.] Minnesota Rules, parts 42.24 3300.0050; 3301.0180; 3301.0190; 3301.0200; 3301.0210; 42.25 3301.0220; 3301.0230; 3310.2903; 3310.2904; 3310.2905, subpart 42.26 1; 3310.2906; 3310.2907; 3310.2909; 3310.2918; 3315.0100; 42.27 3315.0202; 3315.0501, subparts 3, 4, and 5; 3315.0510; 42.28 3315.0530, subpart 1; 3315.0535; 3315.0545; 3315.0555, subpart 42.29 5; 3315.0915; 3315.0920; 3315.1005, subpart 2; 3315.1015; 42.30 3315.1301, subparts 3 and 6; 3315.1305; 3315.1310; 3315.1650, 42.31 subpart 1; 3315.2410; 3315.2610; 3315.2750; 3315.2810, subparts 42.32 1 and 3; 3315.3220, subpart 4; 3320.0010; 3320.0020; 3320.0030; 42.33 7380.0200; 7380.0210; 7380.0220; 7380.0230; 7380.0240; 42.34 7380.0500; 7380.0510; 7380.0520; 7380.0530; 7380.0540; 42.35 7380.0550; 7380.0560; 7380.0570; 7380.0580; 7380.0581; 42.36 7380.0582; 7380.0600; 7380.0610; 7380.0620; 7380.0630; 43.1 7380.0640; 7380.0650; 7380.0800; 7380.0810; 7380.0820; 43.2 7380.0830; and 7380.0840, are repealed. 43.3 Sec. 54. [EFFECTIVE DATE.] 43.4 Sections 1 to 53 are effective the day following final 43.5 enactment.