1st 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 116L.01, subdivision 1; 116L.05, subdivision 4; 1.11 119A.46, subdivision 8; 144.9503, subdivision 1; 1.12 171.321, subdivision 2; 181.73, subdivision 1; 1.13 216C.10; 242.39, subdivision 3; 246.56, subdivision 1; 1.14 256J.08, subdivision 52; 268.001; 268.0111, 1.15 subdivision 4; 268.0122, subdivision 1; 268.29; 1.16 268.66, as amended; 268.665, as amended; 268.976, 1.17 subdivision 2; 268A.01, subdivisions 5, 13; Minnesota 1.18 Statutes 2003 Supplement, sections 15.01; 15.057; 1.19 15.06, subdivision 1; 15A.0815, subdivision 2; 16C.05, 1.20 subdivision 3; 116J.011; 116J.401; 116J.64, 1.21 subdivision 6; 116J.966, subdivision 1; 116J.980, 1.22 subdivision 1; 116J.994, subdivisions 9, 10; 116L.03, 1.23 subdivision 7; 116M.15, subdivision 1; 248.07, 1.24 subdivision 8; 256.482, subdivision 1; 256C.233, 1.25 subdivision 1; 268.014; 268.022, subdivision 1; 1.26 268.363; Laws 2003, chapter 128, article 10, section 1.27 2, subdivisions 1, 3; proposing coding for new law in 1.28 Minnesota Statutes, chapters 116J; 116L; 268A; 1.29 repealing Minnesota Statutes 2002, sections 116J.036; 1.30 116J.414; 116L.04, subdivision 4; 268.0111, 1.31 subdivisions 1, 2, 3a, 4a; 268.0121, subdivisions 1, 1.32 2; 268.0122, subdivisions 2, 5, 6; 268.027; 268.028; 1.33 268.029; 268.26, subdivisions 2, 3; 268.361, 1.34 subdivision 3; 268.3661; 268.551; 268.552; 268.56, 1.35 subdivision 2; 268.561, subdivision 10; 268.61, 1.36 subdivision 2; 268.65, subdivisions 1, 3, 4, 5; 1.37 268.666, subdivision 5; 268.89; 268.918; 268.95; 1.38 Minnesota Statutes 2003 Supplement, sections 268.0122, 1.39 subdivision 3; 268.26, subdivision 1; 268.65, 1.40 subdivision 2; 268.95, subdivision 4; 268.976, 1.41 subdivision 1; Laws 2001, chapter 175, section 49; 1.42 Minnesota Rules, parts 3300.0050; 3301.0180; 1.43 3301.0190; 3301.0200; 3301.0210; 3301.0220; 3301.0230; 1.44 3310.2903; 3310.2904; 3310.2905, subpart 1; 3310.2906; 1.45 3310.2907; 3310.2909; 3310.2918; 3315.0100; 3315.0202; 1.46 3315.0501, subparts 3, 4, 5; 3315.0510; 3315.0530, 2.1 subpart 1; 3315.0535; 3315.0545; 3315.0555, subpart 5; 2.2 3315.0915; 3315.0920; 3315.1005, subpart 2; 3315.1015; 2.3 3315.1301, subparts 3, 6; 3315.1305; 3315.1310; 2.4 3315.1650, subpart 1; 3315.2410; 3315.2610; 3315.2750; 2.5 3315.2810, subparts 1, 3; 3315.3220, subpart 4; 2.6 3320.0010; 3320.0020; 3320.0030; 7380.0200; 7380.0210; 2.7 7380.0220; 7380.0230; 7380.0240; 7380.0500; 7380.0510; 2.8 7380.0520; 7380.0530; 7380.0540; 7380.0550; 7380.0560; 2.9 7380.0570; 7380.0580; 7380.0581; 7380.0582; 7380.0600; 2.10 7380.0610; 7380.0620; 7380.0630; 7380.0640; 7380.0650; 2.11 7380.0800; 7380.0810; 7380.0820; 7380.0830; 7380.0840. 2.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.13 Section 1. Minnesota Statutes 2002, section 3.922, 2.14 subdivision 10, is amended to read: 2.15 Subd. 10. [RULEMAKING.] Notwithstandingsection 116J.64,2.16subdivision 7, orother law, the council does not have authority 2.17 to adopt, amend, or repeal rules or to adjudicate contested 2.18 cases or appeals. Rules adopted before July 1, 2001, may 2.19 continue in effect until amended or repealed by law. 2.20 Sec. 2. Minnesota Statutes 2003 Supplement, section 15.01, 2.21 is amended to read: 2.22 15.01 [DEPARTMENTS OF THE STATE.] 2.23 The following agencies are designated as the departments of 2.24 the state government: the Department of Administration; the 2.25 Department of Agriculture; the Department of Commerce; the 2.26 Department of Corrections; the Department of Education;the2.27Department of Economic Security;the Department of Employment 2.28 and Economic Development; the Department of Finance; the 2.29 Department of Health; the Department of Human Rights; the 2.30 Department of Labor and Industry; the Department of Military 2.31 Affairs; the Department of Natural Resources; the Department of 2.32 Employee Relations; the Department of Public Safety; the 2.33 Department of Human Services; the Department of Revenue; the 2.34 Department of Transportation; the Department of Veterans 2.35 Affairs; and their successor departments. 2.36 Sec. 3. Minnesota Statutes 2003 Supplement, section 2.37 15.057, is amended to read: 2.38 15.057 [PUBLICITY REPRESENTATIVES.] 2.39 No state department, bureau, or division, whether the same 2.40 operates on funds appropriated or receipts or fees of any nature 2.41 whatsoever, except the Department of Transportation, the 3.1 Department of Employment and Economic Development, the Game and 3.2 Fish Division,the Department of Economic Security,and the 3.3 State Agricultural Society shall use any of such funds for the 3.4 payment of the salary or expenses of a publicity 3.5 representative. The head of any such department, bureau, or 3.6 division shall be personally liable for funds used contrary to 3.7 this provision. This section shall not be construed, however, 3.8 as preventing any such department, bureau, or division from 3.9 sending out any bulletins or other publicity required by any 3.10 state law or necessary for the satisfactory conduct of the 3.11 business for which such department, bureau, or division was 3.12 created. 3.13 Sec. 4. Minnesota Statutes 2002, section 15.0591, 3.14 subdivision 2, is amended to read: 3.15 Subd. 2. [BODIES AFFECTED.] A member meeting the 3.16 qualifications in subdivision 1 must be appointed to the 3.17 following boards, commissions, advisory councils, task forces, 3.18 or committees: 3.19 (1) Advisory Council on Battered Women and Domestic Abuse; 3.20 (2) Advisory Task Force on the Use of State Facilities; 3.21 (3) Alcohol and Other Drug Abuse Advisory Council; 3.22 (4) Board of Examiners for Nursing Home Administrators; 3.23 (5) Board on Aging; 3.24 (6) Chiropractic Examiners Board; 3.25(7) Consumer Advisory Council on Vocational Rehabilitation;3.26(8)(7) Council on Disability; 3.27(9)(8) Council on Affairs of Chicano/Latino People; 3.28(10)(9) Council on Black Minnesotans; 3.29(11)(10) Dentistry Board; 3.30(12) Department of Economic Security Advisory Council;3.31(13)(11) Higher Education Services Office; 3.32(14)(12) Housing Finance Agency; 3.33(15)(13) Indian Advisory Council on Chemical Dependency; 3.34(16)(14) Medical Practice Board; 3.35(17)(15) Medical Policy Directional Task Force on Mental 3.36 Health; 4.1(18) Minnesota Employment and Economic Development Task4.2Force;4.3(19)(16) Minnesota State Arts Board; 4.4(20)(17) Nursing Board; 4.5(21)(18) Optometry Board; 4.6(22)(19) Pharmacy Board; 4.7(23)(20) Board of Physical Therapy; 4.8(24)(21) Podiatry Board; 4.9(25)(22) Psychology Board; 4.10(26)(23) Veterans Advisory Committee. 4.11 Sec. 5. Minnesota Statutes 2003 Supplement, section 15.06, 4.12 subdivision 1, is amended to read: 4.13 Subdivision 1. [APPLICABILITY.] This section applies to 4.14 the following departments or agencies: the Departments of 4.15 Administration, Agriculture, Commerce, Corrections,Economic4.16Security,Education, Employee Relations, Employment and Economic 4.17 Development, Finance, Health, Human Rights, Labor and Industry, 4.18 Natural Resources, Public Safety, Human Services, Revenue, 4.19 Transportation, and Veterans Affairs; the Housing Finance and 4.20 Pollution Control Agencies; the Office of Commissioner of Iron 4.21 Range Resources and Rehabilitation; the Bureau of Mediation 4.22 Services; and their successor departments and agencies. The 4.23 heads of the foregoing departments or agencies are 4.24 "commissioners." 4.25 Sec. 6. Minnesota Statutes 2003 Supplement, section 4.26 15A.0815, subdivision 2, is amended to read: 4.27 Subd. 2. [GROUP I SALARY LIMITS.] The salaries for 4.28 positions in this subdivision may not exceed 95 percent of the 4.29 salary of the governor: 4.30 Commissioner of administration; 4.31 Commissioner of agriculture; 4.32 Commissioner of education; 4.33 Commissioner of commerce; 4.34 Commissioner of corrections; 4.35Commissioner of economic security;4.36 Commissioner of employee relations; 5.1 Commissioner of finance; 5.2 Commissioner of health; 5.3 Executive director, Higher Education Services Office; 5.4 Commissioner, Housing Finance Agency; 5.5 Commissioner of human rights; 5.6 Commissioner of human services; 5.7 Executive director, State Board of Investment; 5.8 Commissioner of labor and industry; 5.9 Commissioner of natural resources; 5.10 Director of Office of Strategic and Long-Range Planning; 5.11 Commissioner, Pollution Control Agency; 5.12 Commissioner of public safety; 5.13 Commissioner of revenue; 5.14 Commissioner of employment and economic development; 5.15 Commissioner of transportation; and 5.16 Commissioner of veterans affairs. 5.17 Sec. 7. Minnesota Statutes 2003 Supplement, section 5.18 16C.05, subdivision 3, is amended to read: 5.19 Subd. 3. [EXCEPTION.] The requirements of subdivision 2 do 5.20 not apply to contracts of the Department of Employment and 5.21 EconomicSecurityDevelopment distributing state and federal 5.22 funds for the purpose of subcontracting the provision of program 5.23 services to eligible recipients. For these contracts, the 5.24 commissioner of employment and economicsecuritydevelopment is 5.25 authorized to directly enter into agency contracts and encumber 5.26 available funds. For contracts distributing state or federal 5.27 funds pursuant to the federalEconomic Dislocation and Worker5.28Adjustment Assistance Act, United States Code, title 29, section5.291651 et seq.,Workforce Investment Act, United States Code, 5.30 title 29, section 2911 et seq., orsections 268.9771, 268.978,5.31268.9781, and 268.9782section 116L.17, thecommissioner of5.32economic securityJob Skills Partnership Board is authorized to 5.33 directly enter into agency contractswith approval of the5.34Workforce 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 economicsecuritydevelopment 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 educationand the Jobs Skills Partnership Boardthat were 6.5 previously entered into by the commissioner of employment and 6.6 economicsecuritydevelopment. 6.7 Sec. 8. Minnesota Statutes 2002, section 116J.01, 6.8 subdivision 4, is amended to read: 6.9 Subd. 4. [APPOINTMENT OFDEPUTY COMMISSIONERDIRECTOR OF 6.10 THE OFFICE OF TOURISM.] Thedeputy commissionerdirector of the 6.11 Office of Tourism shall be appointed by the governor. 6.12 Thedeputy 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 must6.21direct the Minnesota Trade Office and must be experienced and6.22knowledgeable in matters of international trade. One must6.23direct the Office of Tourism and be knowledgeable in matters of6.24tourism.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 threetradeemployment 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 localtrade7.1 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 toemploy all of the available state government7.7resources to facilitate an economic environment that produces7.8net new job growth in excess of the national average, to improve7.9the quality of existing jobs, and to increase nonresident and7.10resident tourism revenuessupport the economic success of 7.11 individuals, businesses, and communities by providing 7.12 opportunities for growth. It is part of the department's 7.13 mission that within the department's resources the commissioner 7.14 shall endeavor to: 7.15 (1) prevent the waste or unnecessary spending of public 7.16 money; 7.17 (2) use innovative fiscal and human resource practices to 7.18 manage the state's resources and operate the department as 7.19 efficiently as possible; 7.20 (3) coordinate the department's activities wherever 7.21 appropriate with the activities of other governmental agencies; 7.22 (4) use technology where appropriate to increase agency 7.23 productivity, improve customer service, increase public access 7.24 to information about government, and increase public 7.25 participation in the business of government; 7.26 (5) utilize constructive and cooperative labor-management 7.27 practices to the extent otherwise required by chapters 43A and 7.28 179A; 7.29 (6) report to the legislature on the performance of agency 7.30 operations and the accomplishment of agency goals in the 7.31 agency's biennial budget according to section 16A.10, 7.32 subdivision 1; and 7.33 (7) recommend to the legislature appropriate changes in law 7.34 necessary to carry out the mission and improve the performance 7.35 of the department. 7.36 Sec. 11. Minnesota Statutes 2002, section 116J.035, 8.1 subdivision 2, is amended to read: 8.2 Subd. 2. [RULES.] The commissioner may adopt rules 8.3 pursuant to chapter 14 as necessary to carry out the 8.4 commissioner's duties and responsibilitiespursuant to this8.5chapter. 8.6 Sec. 12. Minnesota Statutes 2003 Supplement, section 8.7 116J.401, is amended to read: 8.8 116J.401 [POWERS AND DUTIES.] 8.9 The commissioner of employment and economic development 8.10 shall: 8.11 (1) provide regional development commissions, the 8.12 Metropolitan Council, and units of local government with 8.13 information, technical assistance, training, and advice on using 8.14 federal and state programs; 8.15 (2) receive and administer the Small Cities Community 8.16 Development Block Grant Program authorized by Congress under the 8.17 Housing and Community Development Act of 1974, as amended; 8.18 (3) receive and administer the section 107 technical 8.19 assistance program grants authorized by Congress under the 8.20 Housing and Community Development Act of 1974, as amended; 8.21 (4)receive and administer grants for the Minnesota Jail8.22Resource Center authorized by Congress under the Juvenile8.23Justice and Delinquency Prevention Act of 1974, as amended;8.24(5)receiveand, administer, and supervise other state and 8.25 federal grants and grant programs for planning, community 8.26 affairs, community development purposes, employment and training 8.27 services and other state and federal programs assigned to the 8.28 department by law or by the governor in accordance with section 8.29 4.07;and8.30(6)(5) receive applications for state and federal grants 8.31 and grant programs for planning, community affairs, and 8.32 community development purposes, and other state and federal 8.33 programs assigned to the department by law or by the governor in 8.34 accordance with section 4.07.; 8.35 (6) act as the agent of, and cooperate with, the federal 8.36 government in matters of mutual concern, including the 9.1 administration of any federal funds granted to the state to aid 9.2 in the performance of functions of the commissioner; 9.3 (7) provide consistent, integrated employment and training 9.4 services across the state; 9.5 (8) administer the Wagner-Peyser Act, the Workforce 9.6 Investment Act, and other federal employment and training 9.7 programs; 9.8 (9) establish the standards for all employment and training 9.9 services administered under this chapter and chapters 116L, 248, 9.10 268, and 268A; 9.11 (10) administer the aspects of the Minnesota family 9.12 investment program, general assistance, and food stamps that 9.13 relate to employment and training services, subject to the 9.14 contract under section 268.86, subdivision 2; 9.15 (11) obtain reports from local service units and service 9.16 providers for the purpose of evaluating the performance of 9.17 employment and training services; 9.18 (12) as requested, certify employment and training 9.19 services, and decertify services that fail to comply with 9.20 performance criteria according to standards established by the 9.21 commissioner; 9.22 (13) develop standards for the contents and structure of 9.23 the local service unit plans and plans for Indian tribe 9.24 employment and training services, review and comment on those 9.25 plans, and approve or disapprove the plans; 9.26 (14) supervise the county boards of commissioners, local 9.27 service units, and any other units of government designated in 9.28 federal or state law as responsible for employment and training 9.29 programs; 9.30 (15) establish administrative standards and payment 9.31 conditions for providers of employment and training services; 9.32 (16) enter into agreements with Indian tribes as necessary 9.33 to provide employment and training services as appropriate funds 9.34 become available; 9.35 (17) cooperate with the federal government and its 9.36 employment and training agencies in any reasonable manner as 10.1 necessary to qualify for federal aid for employment and training 10.2 services and money; 10.3 (18) administer and supervise all forms of unemployment 10.4 insurance provided for under federal and state laws: 10.5 (19) provide current state and substate labor market 10.6 information and forecasts, in cooperation with other agencies; 10.7 (20) require all general employment and training programs 10.8 that receive state funds to make available information about 10.9 opportunities for women in nontraditional careers in the trades 10.10 and technical occupations; 10.11 (21) consult with the rehabilitation council for the blind 10.12 on matters pertaining to programs and services for the blind and 10.13 visually impaired; 10.14 (22) enter into agreements with other departments of the 10.15 state and local units of government as necessary; and 10.16 (23) establish and maintain administrative units necessary 10.17 to perform administrative functions common to all divisions of 10.18 the department. 10.19 Sec. 13. Minnesota Statutes 2002, section 116J.551, is 10.20 amended to read: 10.21 116J.551 [CREATION OFACCOUNTACCOUNTS.] 10.22 Subdivision 1. [GRANT ACCOUNT.] A contaminated site 10.23 cleanup and development grant account is created in the general 10.24 fund. Money in the account may be used, as appropriated by law, 10.25 to make grants as provided in section 116J.554 and to pay for 10.26 the commissioner's costs in reviewing applications and making 10.27 grants. 10.28 Subd. 2. [REVOLVING LOAN ACCOUNT.] A revolving loan 10.29 account is created in the general fund for the Minnesota cleanup 10.30 revolving loan fund, funded by the United States Environmental 10.31 Protection Agency. Money in the account may be invested by the 10.32 State Board of Investment. Money in the account must be used to 10.33 provide loans and grants in accordance with section 116J.559 and 10.34 the Brownfields Revitalization and Environmental Restoration Act 10.35 of 2001, Public Law 107-118, title II, under the authority of 10.36 the United States Environmental Protection Agency, and to pay 11.1 for the commissioner's cost in reviewing applications and making 11.2 loans and/or grants. 11.3 Sec. 14. [116J.559] [LOANS.] 11.4 The commissioner may provide loans and grants that meet the 11.5 criteria of the Brownfields Revitalization and Environmental 11.6 Restoration Act of 2001, Public Law 107-118, title II, under the 11.7 authority of the United States Environmental Protection Agency, 11.8 from the account established in section 116J.551, subdivision 11.9 2. The commissioner shall prioritize the projects pursuant to 11.10 section 116J.555. 11.11 Sec. 15. Minnesota Statutes 2002, section 116J.64, 11.12 subdivision 4, is amended to read: 11.13 Subd. 4. "Tribalcouncilgovernment" means the reservation 11.14 business committee, board of trustees, tribal council, federally 11.15 recognized tribal entity, or equivalent duly constituted tribal 11.16 authority. 11.17 Sec. 16. Minnesota Statutes 2002, section 116J.64, 11.18 subdivision 5, is amended to read: 11.19 Subd. 5. "Agency" means theIndian Affairs Council11.20 Department of Employment and Economic Development. 11.21 Sec. 17. Minnesota Statutes 2002, section 116J.64, is 11.22 amended by adding a subdivision to read: 11.23 Subd. 5a. "Eligible organization" means any organization 11.24 approved by a tribal government to administer its portion of the 11.25 Indian business loan fund allotted to the tribal government. 11.26 Sec. 18. Minnesota Statutes 2003 Supplement, section 11.27 116J.64, subdivision 6, is amended to read: 11.28 Subd. 6. (a) The remaining 20 percent of the tax revenue 11.29 received by the county auditor under section 273.165, 11.30 subdivision 1, shall be remitted by the county auditor to the 11.31 commissioner of finance and shall be deposited in an account in 11.32 the special revenue fund. The account is established under the 11.33 jurisdiction and control of the agency, which may engage in a 11.34 business loan program forAmericanIndians as that term is 11.35 defined in subdivision 2. 11.36 (b) The tribalcouncilsgovernments or eligible 12.1 organization may administer the account, provided that, before 12.2 making any eligible loans, each tribalcouncilgovernment must 12.3 submit to the agency, for its review and approval, a plan for 12.4 thatcouncil'sgovernment's loan program which specifically 12.5 describes, as to that program, its content, the application and 12.6 reporting forms, utilization of money, administration, 12.7 operation, implementation, and other matters required by the 12.8 agency. The plan may provide for the tribal government to 12.9 contract with an eligible organization to administer its loan 12.10 program. 12.11 (c) All suchprogramsplans must provide for a reasonable 12.12 balance in the distribution of money appropriated pursuant to 12.13 this section to make business loans between Indians residing on 12.14 and off the reservations within the state. Each tribal 12.15 government may allocate all, or a portion of, the funds in its 12.16 account to one or more other tribal governments for purposes of 12.17 making eligible loans. As a condition to the making of such 12.18 eligible loans, the tribalcouncilsgovernments shall enter into 12.19 a loan agreement and other contractual arrangements with the 12.20 agency to carry out this chapter, and shall agree that all 12.21 official books and records relating to the business loan program 12.22 shall be subject to audit by the legislative auditor in the same 12.23 manner prescribed for agencies of state government. 12.24 (d) Whenever money is appropriated by the commissioner of 12.25 finance to the agency solely for the purposes in this 12.26 subdivision, the agency shall record in the Indian business loan 12.27 account the receipt and disbursement of the money and of the 12.28 income, gain and loss from the investment and reinvestment of 12.29 the money. 12.30 Sec. 19. Minnesota Statutes 2002, section 116J.64, 12.31 subdivision 7, is amended to read: 12.32 Subd. 7. (a) An Indian desiring a loan for the purpose of 12.33 starting a business enterprise,or expanding an existing 12.34 business, or for technical and management assistance,shall make 12.35 application to theIndian Affairs Councilappropriate tribal 12.36 government.The Indian Affairs Council shall prescribe the13.1necessary forms and advise the prospective borrower as to the13.2conditions under which the application may be expected to13.3receive favorable consideration.The application shall be 13.4 forwarded to the appropriatetribal councileligible 13.5 organization, if it is participating in the program, 13.6 forapproval or disapproval, and shall beconsideration in 13.7 conformity with the plans submitted by said tribalcouncils13.8 governments. The tribal government may approve the application 13.9 if it determines that the loan would advance the goals of the 13.10 Indian business loan program. If the tribalcouncilgovernment 13.11 is not participating in the program, theIndian Affairs Council13.12 agency may directlyadministerapprove or deny the loan 13.13 application. 13.14 (b) If the application is approved, theIndian Affairs13.15Counciltribal government shall forward the application, 13.16 together with all relevant documents pertinent thereto, to the 13.17 commissioner offinancethe agency, who shalldrawcause a 13.18 warrant to be drawn in favor of the applicable tribalcouncil or13.19the Indian Affairs Councilgovernment, or the agency, if it is 13.20 administering the loan, with appropriate notations identifying 13.21 the borrower.The tribal council or the Indian Affairs Council,13.22if it is administering the loan, shall thereafter reimburse13.23suppliers and vendors for purchases of equipment, real estate13.24and inventory made by the borrower pursuant to the conditions or13.25guidelines established by the Indian Affairs Council.13.26 (c) The tribalcouncil or the Indian Affairs13.27Councilgovernment, eligible organization, or the agency, if it 13.28 is administering the loan, shall maintain records of 13.29 transactions for each borrower in a manner consistent with good 13.30 accounting practice.Simple interest at two percent of the13.31amount of the debt owed shall be charged.The interest rate on 13.32 a loan shall be established by the tribal government or the 13.33 agency, but may be no less than two percent per annum nor more 13.34 than ten percent per annum. When any portion of a debt is 13.35 repaid, the tribalcouncil or the Indian Affairs Council13.36 government, eligible organization, or the agency, if it is 14.1 administering the loan, shall remit the amount so received plus 14.2 interest paid thereon to the commissioner of finance through the 14.3Indian Affairs Councilagency. The amount so received shall be 14.4 credited to the Indian business loan account.The tribal14.5council or the Indian Affairs Council, if it is administering14.6the loan, shall secure a fidelity bond from a surety company, in14.7favor of the commissioner of finance, in an amount equal to the14.8maximum amount to the credit of its loan account during the14.9fiscal year.14.10 (d) On the placing of a loan, additional money equal to ten 14.11 percent of the total amount made available to any tribalcouncil14.12or the Indian Affairs Councilgovernment, eligible organization, 14.13 or the agency, if it is administering the loan, for loans during 14.14 the fiscal year shall be paid to thecounciltribal government, 14.15 eligible organization, or the agency, prior to December 31 for 14.16 the purpose of financing administrative costs. 14.17 Sec. 20. Minnesota Statutes 2002, section 116J.64, 14.18 subdivision 8, is amended to read: 14.19 Subd. 8. Loans made under subdivision 7 shall be limited 14.20 to a period of20ten years, if made for the purpose of 14.21 financing nonreal estate purchases. Loans made for the purpose 14.22 of financing real estate purchases, where such real property is 14.23 to be used for nonresidential purposes only, shall be limited to 14.24 a period of4020 years, and shall be a lien on the real 14.25 property so acquired. Under no circumstances shall the state 14.26 take a position junior to third lien. In instances where it is 14.27 impossible or undesirable to secure a lien against real 14.28 property, the state may secure a lien against personal property 14.29 for an amount equal to, or greater than, the face value of the 14.30 loan to ensure that adequate collateral is provided. 14.31 Sec. 21. Minnesota Statutes 2002, section 116J.64, 14.32 subdivision 9, is amended to read: 14.33 Subd. 9. Any person misrepresenting facts regarding the 14.34 Indian ancestry of a prospective borrower for the purpose of 14.35 securing a loan under subdivision 7, whether such borrowerbeis 14.36 an individual, partnership or corporation, shall be guilty of a 15.1 gross misdemeanor. 15.2 Sec. 22. Minnesota Statutes 2003 Supplement, section 15.3 116J.966, subdivision 1, is amended to read: 15.4 Subdivision 1. [GENERALLY.] (a) The commissioner shall 15.5 promote, develop, and facilitate trade and foreign investment in 15.6 Minnesota. In furtherance of these goals, and in addition to 15.7 the powers granted by section 116J.035, the commissioner may: 15.8 (1) locate, develop, and promote international markets for 15.9 Minnesota products and services; 15.10 (2) arrange and lead trade missions to countries with 15.11 promising international markets for Minnesota goods, technology, 15.12 services, and agricultural products; 15.13 (3) promote Minnesota products and services at domestic and 15.14 international trade shows; 15.15 (4) organize, promote, and present domestic and 15.16 international trade shows featuring Minnesota products and 15.17 services; 15.18 (5) host trade delegations and assist foreign traders in 15.19 contacting appropriate Minnesota businesses and investments; 15.20 (6) develop contacts with Minnesota businesses and gather 15.21 and provide information to assist them in locating and 15.22 communicating with international trading or joint venture 15.23 counterparts; 15.24 (7) provide information, education, and counseling services 15.25 to Minnesota businesses regarding the economic, commercial, 15.26 legal, and cultural contexts of international trade; 15.27 (8) provide Minnesota businesses with international trade 15.28 leads and information about the availability and sources of 15.29 services relating to international trade, such as export 15.30 financing, licensing, freight forwarding, international 15.31 advertising, translation, and custom brokering; 15.32 (9) locate, attract, and promote foreign direct investment 15.33 and business development in Minnesota to enhance employment 15.34 opportunities in Minnesota; 15.35 (10) provide foreign businesses and investors desiring to 15.36 locate facilities in Minnesota information regarding sources of 16.1 governmental, legal, real estate, financial, and business 16.2 services; 16.3 (11) enter into contracts or other agreements with private 16.4 persons and public entities, including agreements to establish 16.5 and maintain offices and other types of representation in 16.6 foreign countries, to carry out the purposes of promoting 16.7 international trade and attracting investment from foreign 16.8 countries to Minnesota and to carry out this section, without 16.9 regard to section 16C.06; and 16.10 (12) market trade-related materials to businesses and 16.11 organizations, and the proceeds of which must be placed in a 16.12 special revolving account and are appropriated to the 16.13 commissioner to prepare and distribute trade-related materials. 16.14 (b) The programs and activities of the commissioner of 16.15 employment and economic development and the Minnesota Trade 16.16 Division may not duplicate programs and activities of the 16.17 commissioner of agricultureor the Minnesota World Trade Center. 16.18 (c) The commissioner shall notify the chairs of the senate 16.19 finance and house appropriations committees of each agreement 16.20 under this subdivision to establish and maintain an office or 16.21 other type of representation in a foreign country. 16.22 Sec. 23. Minnesota Statutes 2003 Supplement, section 16.23 116J.980, subdivision 1, is amended to read: 16.24 Subdivision 1. [DUTIES.] The Department of Employment and 16.25 Economic Development shall: 16.26 (1) be responsible for administering all state community 16.27 development and assistance programs, including the economic 16.28 recovery account,the outdoor recreation grant program,the 16.29 rural development programs, the Minnesota Public Facilities 16.30 Authority loan and grant programs, and the enterprise zone 16.31 program; 16.32 (2) be responsible for state administration of federally 16.33 funded community development and assistance programs, including 16.34 the small cities development grant program, the Minnesota 16.35 cleanup revolving loan fund program created under the 16.36 Brownfields Revitalization and Environmental Restoration Act of 17.1 2001, Public Law 107-118, title II, under the authority of the 17.2 United States Environmental Protection Agency, and land and 17.3 water conservationprogramprograms; 17.4 (3) provide technical assistance to rural communities for 17.5 community development in cooperation with regional development 17.6 commissions; 17.7 (4) coordinate the development and review of state rural 17.8 development policies; and 17.9 (5) be responsible for coordinating community assistance 17.10 and development programs in cooperation with regional 17.11 development commissions. 17.12 Sec. 24. Minnesota Statutes 2003 Supplement, section 17.13 116J.994, subdivision 9, is amended to read: 17.14 Subd. 9. [COMPILATION AND SUMMARY REPORT.] The Department 17.15 of Employment and Economic Development must publish a 17.16 compilation and summary of the results of the reports for the 17.17 previous two calendaryearyears byAugustDecember 1 of 2004 17.18 and every other year thereafter. The reports of the government 17.19 agencies to the department and the compilation and summary 17.20 report of the department must be made available to the public. 17.21 The commissioner must coordinate the production of reports 17.22 so that useful comparisons across time periods and across 17.23 grantors can be made. The commissioner may add other 17.24 information to the report as the commissioner deems necessary to 17.25 evaluate business subsidies. Among the information in the 17.26 summary and compilation report, the commissioner must include: 17.27 (1) total amount of subsidies awarded in each development 17.28 region of the state; 17.29 (2) distribution of business subsidy amounts by size of the 17.30 business subsidy; 17.31 (3) distribution of business subsidy amounts by time 17.32 category; 17.33 (4) distribution of subsidies by type and by public 17.34 purpose; 17.35 (5) percent of all business subsidies that reached their 17.36 goals; 18.1 (6) percent of business subsidies that did not reach their 18.2 goals by two years from the benefit date; 18.3 (7) total dollar amount of business subsidies that did not 18.4 meet their goals after two years from the benefit date; 18.5 (8) percent of subsidies that did not meet their goals and 18.6 that did not receive repayment; 18.7 (9) list of recipients that have failed to meet the terms 18.8 of a subsidy agreement in the past five years and have not 18.9 satisfied their repayment obligations; 18.10 (10) number of part-time and full-time jobs within separate 18.11 bands of wages; and 18.12 (11) benefits paid within separate bands of wages. 18.13 Sec. 25. Minnesota Statutes 2003 Supplement, section 18.14 116J.994, subdivision 10, is amended to read: 18.15 Subd. 10. [COMPILATION.] The Department of Employment and 18.16 Economic Development must publish a compilation of granting 18.17 agencies' criteria policies adopted in the previous two calendar 18.18 years byAugustDecember 1 of 2004 and every other year 18.19 thereafter. 18.20 Sec. 26. Minnesota Statutes 2002, section 116L.01, 18.21 subdivision 1, is amended to read: 18.22 Subdivision 1. [GENERALLY.] For the purposes ofthis18.23chaptersections 116L.01 to 116L.17, the terms defined in this 18.24 section have the meanings given them. 18.25 Sec. 27. Minnesota Statutes 2003 Supplement, section 18.26 116L.03, subdivision 7, is amended to read: 18.27 Subd. 7. [OFFICES.] The Department of Employment and 18.28 Economic Development shall provide office space and staff to the 18.29 Job Skills Partnership Board for the execution of its duties. 18.30The board shall hire an executive director to assist in carrying18.31out its duties.18.32 Sec. 28. Minnesota Statutes 2002, section 116L.05, 18.33 subdivision 4, is amended to read: 18.34 Subd. 4. [LEGISLATIVE RECOMMENDATIONS.] By January 15 of 18.35 each odd-numbered year, the board must submit recommendations to 18.36 the house and senate committees with jurisdiction over workforce 19.1 development programs, regarding modifications to, or elimination 19.2 of, existing workforce development programs under the board's 19.3 oversight and the potential implementation of new programs. The 19.4 recommendations must include recommendations regarding funding 19.5 levels and sources. 19.6 Sec. 29. [116L.19] [DEFINITIONS.] 19.7 Subdivision 1. [APPLICABILITY.] The definitions in this 19.8 section apply to sections 116L.19 to 116L.976. 19.9 Subd. 2. [COMMISSIONER.] "Commissioner" means the 19.10 commissioner of employment and economic development. 19.11 Subd. 3. [DEPARTMENT.] "Department" means the Department 19.12 of Employment and Economic Development. 19.13 Sec. 30. Minnesota Statutes 2003 Supplement, section 19.14 116M.15, subdivision 1, is amended to read: 19.15 Subdivision 1. [CREATION; MEMBERSHIP.] The Urban 19.16 Initiative Board is created and consists of thecommissioners19.17 commissioner of employment and economic developmentand economic19.18security, the chair of the Metropolitan Council, and eight 19.19 members from the general public appointed by the governor. Six 19.20 of the public members must be representatives from minority 19.21 business enterprises. No more than four of the public members 19.22 may be of one gender. All public members must be experienced in 19.23 business or economic development. 19.24 Sec. 31. Minnesota Statutes 2002, section 119A.46, 19.25 subdivision 8, is amended to read: 19.26 Subd. 8. [TESTING AND EVALUATION.] (a) Testing of the 19.27 environment is not necessary by swab teams whose work is 19.28 assigned by the commissioner of health or a designated board of 19.29 health under section 144.9504. The commissioner of health or 19.30 designated board of health must share the analytical testing 19.31 data collected on each residence for purposes of secondary 19.32 prevention under section 144.9504 with the swab team workers in 19.33 order to provide constructive feedback on their work and to the 19.34 commissioner for the purposes set forth in paragraph (c). 19.35 (b) For purposes of primary prevention evaluation, the 19.36 following samples must be collected: pretesting and posttesting 20.1 of one noncarpeted floor dust lead sample and a notation of the 20.2 extent and location of bare soil and of deteriorated lead-based 20.3 paint. The analytical testing data collected on each residence 20.4 for purposes of primary prevention under section 144.9503 must 20.5 be shared with the swab team workers in order to provide 20.6 constructive feedback on their work and to the commissioner for 20.7 the purposes set forth in paragraph (c). 20.8 (c) The commissioner of health must establish a program in 20.9 cooperation with the commissioner to collect appropriate data as 20.10 required under paragraphs (a) and (b), in order to conduct an 20.11 ongoing evaluation of swab team services for primary and 20.12 secondary prevention. Within the limits of available 20.13 appropriations, the commissioner of health must conduct or 20.14 contract with the commissioner, on up to 1,000 residences which 20.15 have received primary or secondary prevention swab team 20.16 services, a postremediation evaluation, on at least a quarterly 20.17 basis for a period of at least two years for each residence. 20.18 The evaluation must note the condition of the paint within the 20.19 residence, the extent of bare soil on the grounds, and collect 20.20 and analyze one noncarpeted floor dust lead sample. The data 20.21 collected must be evaluated to determine the efficacy of 20.22 providing swab team services as a method of reducing lead 20.23 exposure in young children. In evaluating this data, the 20.24 commissioner of health must consider city size, community 20.25 location, historic traffic flow, soil lead level of the property 20.26 by area or census tract, distance to industrial point sources 20.27 that emit lead, season of the year, age of the housing, age and 20.28 number of children living at the residence, the presence of pets 20.29 that move in and out of the residence, and other relevant 20.30 factors as the commissioner of health may determine.This20.31evaluation of the swab team program may be paid from amounts20.32appropriated to the Department of Economic Security for20.33providing swab team services.20.34 Sec. 32. Minnesota Statutes 2002, section 144.9503, 20.35 subdivision 1, is amended to read: 20.36 Subdivision 1. [PRIMARY PREVENTION PROGRAM.] The 21.1 commissioner shall develop and maintain a primary prevention 21.2 program to reduce lead exposure in young children and pregnant 21.3 women. A board of health serving a city of the first class 21.4 shall determine areas at high risk for toxic lead exposure 21.5 before doing primary prevention lead hazard reduction 21.6 activities. The program shall provide primary prevention lead 21.7 education materials, promote primary prevention swab team 21.8 servicesin cooperation with the commissioner of economic21.9security or housing finance, provide lead cleanup equipment and 21.10 material grants as funding allows, monitor regulated lead work, 21.11 and develop and maintain lead-safe practices in cooperation with 21.12 the commissioner of administration. 21.13 Sec. 33. Minnesota Statutes 2002, section 171.321, 21.14 subdivision 2, is amended to read: 21.15 Subd. 2. [RULES.] (a) The commissioner of public safety 21.16 shall prescribe rules governing the physical qualifications of 21.17 school bus drivers and tests required to obtain a school bus 21.18 endorsement. The rules must provide that an applicant for a 21.19 school bus endorsement or renewal is exempt from the physical 21.20 qualifications and medical examination required to operate a 21.21 school bus upon providing evidence of being medically examined 21.22 and certified within the preceding 24 months as physically 21.23 qualified to operate a commercial motor vehicle, pursuant to 21.24 Code of Federal Regulations, title 49, part 391, subpart E, or 21.25 rules of the commissioner of transportation incorporating those 21.26 federal regulations. The commissioner shall accept physical 21.27 examinations for school bus drivers conducted by medical 21.28 examiners authorized as provided by Code of Federal Regulations, 21.29 title 49, chapter 3, part 391, subpart E. 21.30 (b) The commissioner of public safety, in conjunction with 21.31 the commissioner ofeconomic securityeducation, shall adopt 21.32 rules prescribing a training program for Head Start bus 21.33 drivers. The program must provide for initial classroom and 21.34 behind-the-wheel training, and annual in-service training. The 21.35 program must provide training in defensive driving, human 21.36 relations, emergency and accident procedures, vehicle 22.1 maintenance, traffic laws, and use of safety equipment. The 22.2 program must provide that the training will be conducted by the 22.3 contract operator for a Head Start agency, the Head Start 22.4 grantee, a licensed driver training school, or by another person 22.5 or entity approved by both commissioners. 22.6 Sec. 34. Minnesota Statutes 2002, section 181.73, 22.7 subdivision 1, is amended to read: 22.8 Subdivision 1. Any person, association, organization, or 22.9 other group employing five or more persons, full time, part time 22.10 or otherwise, who come within the definition of recruited 22.11 migrant laborers as hereafter defined and who are employed or 22.12 are recruited to be employed in the processing of agricultural 22.13 produce other than as field labor, shall provide at its expense 22.14 health care insurance during the period of employment or for 22.15 illness or injury incurred while employed.Such health care22.16insurance shall be in accordance with such rules as the22.17commissioner of economic security may prescribe by rule for each22.18such recruited migrant laborer who is not a resident of22.19Minnesota and who does not have health care insurance meeting22.20the requirements of the rules promulgated by the commissioner of22.21economic security.22.22 Sec. 35. Minnesota Statutes 2002, section 216C.10, is 22.23 amended to read: 22.24 216C.10 [COMMISSIONER POWERS.] 22.25 (a) The commissioner may: 22.26 (1) adopt rules under chapter 14 as necessary to carry out 22.27 the purposes of sections 216C.05 to 216C.30; 22.28 (2) make all contracts under sections 216C.05 to 216C.30 22.29 and do all things necessary to cooperate with the United States 22.30 government, and to qualify for, accept, and disburse any grant 22.31 intended for the administration of sections 216C.05 to 216C.30; 22.32 (3) provide on-site technical assistance to units of local 22.33 government in order to enhance local capabilities for dealing 22.34 with energy problems; 22.35 (4) administer for the state, energy programs under federal 22.36 law, regulations, or guidelines,except for the low-income home23.1energy assistance program and low-income weatherization programs23.2administered by the Department of Economic Security,and 23.3 coordinate the programs and activities with other state 23.4 agencies, units of local government, and educational 23.5 institutions; 23.6 (5) develop a state energy investment plan with yearly 23.7 energy conservation and alternative energy development goals, 23.8 investment targets, and marketing strategies; 23.9 (6) perform market analysis studies relating to 23.10 conservation, alternative and renewable energy resources, and 23.11 energy recovery; 23.12 (7) assist with the preparation of proposals for innovative 23.13 conservation, renewable, alternative, or energy recovery 23.14 projects; 23.15 (8) manage and disburse funds made available for the 23.16 purpose of research studies or demonstration projects related to 23.17 energy conservation or other activities deemed appropriate by 23.18 the commissioner; 23.19 (9) intervene in certificate of need proceedings before the 23.20 Public Utilities Commission; 23.21 (10) collect fees from recipients of loans, grants, or 23.22 other financial aid from money received from litigation or 23.23 settlement of alleged violations of federal petroleum-pricing 23.24 regulations, which fees must be used to pay the department's 23.25 costs in administering those financial aids; and 23.26 (11) collect fees from proposers and operators of 23.27 conservation and other energy-related programs that are 23.28 reviewed, evaluated, or approved by the department, other than 23.29 proposers that are political subdivisions or community or 23.30 nonprofit organizations, to cover the department's cost in 23.31 making the reviewal, evaluation, or approval and in developing 23.32 additional programs for others to operate. 23.33 (b) Notwithstanding any other law, the commissioner is 23.34 designated the state agent to apply for, receive, and accept 23.35 federal or other funds made available to the state for the 23.36 purposes of sections 216C.05 to 216C.30. 24.1 Sec. 36. Minnesota Statutes 2002, section 242.39, 24.2 subdivision 3, is amended to read: 24.3 Subd. 3. [COOPERATION; TYPES OF PROGRAMS.] The 24.4 commissioner of corrections shall work with the commissioner of 24.5 natural resources, the commissioner ofeconomic securitypublic 24.6 safety, local government and nonprofit agencies, educational 24.7 institutions, and the courts to design and develop suitable 24.8 juvenile restitution grant programs. Programs must provide 24.9 services to communities, including but not necessarily limited 24.10 to, park maintenance, recycling, and other related work. 24.11 Eligible juveniles may earn monetary restitution on behalf of a 24.12 victim or perform a service for the victim. Work performed by 24.13 eligible juveniles must not result in the displacement of 24.14 currently employed full- or part-time workers or workers on 24.15 seasonal layoff or layoff from a substantially equivalent 24.16 position, including partial displacement such as reduction in 24.17 hours of nonovertime work, wages, or other employment benefits. 24.18 Any monetary restitution earned by an eligible juvenile must 24.19 either be forwarded to the victim or held in an account for the 24.20 benefit of the victim. 24.21 Sec. 37. Minnesota Statutes 2002, section 246.56, 24.22 subdivision 1, is amended to read: 24.23 Subdivision 1. [THERAPEUTIC WORK ACTIVITIES.] The 24.24 commissioner of human services is hereby authorized to 24.25 establish, subject to the approval of the commissioner of24.26economic security,work activity programs for the purpose of 24.27 providing therapeutic work activities for regional treatment 24.28 center patients with mental illness and regional treatment 24.29 center residents with mental retardation. Work activity 24.30 programs may be established for the provision of services and 24.31 for the manufacture, processing and repairing of goods, wares, 24.32 and merchandise. Work activity programs may be located on the 24.33 grounds of the regional treatment center or at work sites in the 24.34 community. In establishing services the commissioner shall 24.35 cooperate with existing agencies to avoid duplication of 24.36 available services to the extent feasible. 25.1 Sec. 38. Minnesota Statutes 2003 Supplement, section 25.2 248.07, subdivision 8, is amended to read: 25.3 Subd. 8. [USE OF REVOLVING FUND, LICENSES FOR OPERATION OF 25.4 VENDING MACHINES.] The revolving fund created by Laws 1947, 25.5 chapter 535, section 5, is continued as provided in this 25.6 subdivision and shall be known as the revolving fund for 25.7 vocational rehabilitation of the blind. It shall be used for 25.8 the purchase of equipment and supplies for establishing and 25.9 operating of vending stands by blind persons. All income, 25.10 receipts, earnings, and federal grants due to the operation 25.11 thereof shall also be paid into the fund. All interest earned 25.12 on money accrued in the fund must be credited to the fund by the 25.13 commissioner of finance. All equipment, supplies, and expenses 25.14 for setting up these stands shall be paid for from the fund. 25.15 Authority is hereby given to the commissioner to use the money 25.16 available in the revolving fund that originated as operational 25.17 charges to individuals licensed under this subdivision for the 25.18 establishment, operation, and supervision of vending stands by 25.19 blind persons for the following purposes: (1) purchase, upkeep 25.20 and replacement of equipment; (2) expenses incidental to the 25.21 setting up of new stands and improvement of old stands; (3) 25.22 reimbursement under section 15.059 to individual blind vending 25.23 operators for reasonable expenses incurred in attending 25.24 supervisory meetings as called by the commissioner and other 25.25 expenditures for management services consistent with federal 25.26 law; and (4) purchase of fringe benefits for blind vending 25.27 operators and their employees such as group health insurance, 25.28 retirement program, vacation or sick leave assistance provided 25.29 that the purchase of any fringe benefit is approved by a 25.30 majority vote of blind vending operators licensed pursuant to 25.31 this subdivision after the commissioner provides to each blind 25.32 vending operator information on all matters relevant to the 25.33 fringe benefits. "Majority vote" means a majority of blind 25.34 vending operators voting. Fringe benefits shall be paid only 25.35 from assessments of operators for specific benefits, gifts to 25.36 the fund for fringe benefit purposes, and vending income which 26.1 is not assignable to an individual stand. 26.2 Money originally deposited as merchandise and supplies 26.3 repayments by individuals licensed under this subdivision may be 26.4 expended for initial and replacement stocks of supplies and 26.5 merchandise. Money originally deposited from vending income on 26.6 federal property must be spent consistent with federal law. 26.7 All other deposits may be used for the purchase of general 26.8 liability insurance or any other expense related to the 26.9 operation and supervision of vending stands. 26.10 The commissioner shall issue each license for the operation 26.11 of a vending stand or vending machine for an indefinite period 26.12 but may terminate any license in the manner provided. In 26.13 granting licenses for new or vacated stands preference on the 26.14 basis of seniority of experience in operating stands under the 26.15 control of the commissioner shall be given to capable operators 26.16 who are deemed competent to handle the enterprise under 26.17 consideration. Application of this preference shall not 26.18 prohibit the commissioner from selecting an operator from the 26.19 community in which the stand is located. 26.20 Sec. 39. Minnesota Statutes 2003 Supplement, section 26.21 256.482, subdivision 1, is amended to read: 26.22 Subdivision 1. [ESTABLISHMENT; MEMBERS.] There is hereby 26.23 established the Council on Disability which shall consist of 21 26.24 members appointed by the governor. Members shall be appointed 26.25 from the general public and from organizations which provide 26.26 services for persons who have a disability. A majority of 26.27 council members shall be persons with a disability or parents or 26.28 guardians of persons with a disability. There shall be at least 26.29 one member of the council appointed from each of the state 26.30 development regions. The commissioners of the Departments of 26.31 Education, Human Services, Health,Economic Security,and Human 26.32 Rights and the directors of theDivision ofRehabilitation 26.33 Services and State Services for the Blind in the Department of 26.34 Employment and Economic Development or their designees shall 26.35 serve as ex officio members of the council without vote. In 26.36 addition, the council may appoint ex officio members from other 27.1 bureaus, divisions, or sections of state departments which are 27.2 directly concerned with the provision of services to persons 27.3 with a disability. 27.4 Notwithstanding the provisions of section 15.059, each 27.5 member of the council appointed by the governor shall serve a 27.6 three-year term and until a successor is appointed and 27.7 qualified. The compensation and removal of all members shall be 27.8 as provided in section 15.059. The governor shall appoint a 27.9 chair of the council from among the members appointed from the 27.10 general public or who are persons with a disability or their 27.11 parents or guardians. Vacancies shall be filled by the 27.12 authority for the remainder of the unexpired term. 27.13 Sec. 40. Minnesota Statutes 2003 Supplement, section 27.14 256C.233, subdivision 1, is amended to read: 27.15 Subdivision 1. [DEAF AND HARD-OF-HEARING DIVISION.] The 27.16 commissioners of human services, education, employment and 27.17 economicsecuritydevelopment, and health shall create a 27.18 distinct and separate organizational unit to be known as the 27.19 Deaf and Hard-of-Hearing Services Division to address the 27.20 developmental, social, educational, and occupational needs of 27.21 deaf, deaf-blind, and hard-of-hearing persons through a 27.22 statewide network of collaborative services and by coordinating 27.23 the promulgation of public policies, regulations, legislation, 27.24 and programs affecting deaf, deaf-blind, and hard-of-hearing 27.25 persons. An interdepartmental management team shallsupervise27.26 advise the activities of the Deaf and Hard-of-Hearing Services 27.27 Division. The commissioner of human services shall coordinate 27.28 the work of the interagency management team and receive 27.29 legislative appropriations for the division. 27.30 Sec. 41. Minnesota Statutes 2002, section 256J.08, 27.31 subdivision 52, is amended to read: 27.32 Subd. 52. [LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM OR 27.33 LIHEAP.] "Low-income home energy assistance program" or "LIHEAP" 27.34 means the program authorized under United States Code, title 42, 27.35 chapter 94, subchapter II, sections 8621 to 8629, and 27.36 administered by the Minnesota Department ofEconomic28.1SecurityCommerce. 28.2 Sec. 42. Minnesota Statutes 2002, section 268.001, is 28.3 amended to read: 28.4 268.001 [CITATION;ECONOMIC SECURITYUNEMPLOYMENT INSURANCE 28.5 LAW.] 28.6 This chapter shall be known and may be cited as the 28.7 "MinnesotaEconomic SecurityUnemployment Insurance Law." 28.8 Sec. 43. Minnesota Statutes 2002, section 268.0111, 28.9 subdivision 4, is amended to read: 28.10 Subd. 4. [EMPLOYMENT AND TRAINING SERVICES.] "Employment 28.11 and training services" means programs, activities, and services 28.12 related to job training, job placement, and job creation 28.13 including job service programs,Job Training28.14PartnershipWorkforce Investment Act programs,wage subsidies,28.15 job search, counseling, case management, community work 28.16 experience programs, displaced homemaker programs, disadvantaged 28.17 job training programs, grant diversion, youth employment 28.18 programs, conservation corps, apprenticeship programs, community 28.19 development corporations,economic development programs,28.20 workforce development services to employers, and opportunities 28.21 industrialization centers. 28.22 Sec. 44. Minnesota Statutes 2002, section 268.0122, 28.23 subdivision 1, is amended to read: 28.24 Subdivision 1. [STATE AGENCY.] The commissioner of 28.25 employment and economicsecuritydevelopment is designated the 28.26 "state agency" as defined by United States Code, title 29, 28.27 section 49c, the Wagner-Peyser Act, as amendedthrough December28.2831, 1984. 28.29 Sec. 45. Minnesota Statutes 2003 Supplement, section 28.30 268.014, is amended to read: 28.31 268.014 [COOPERATION WITH OTHER STATE AGENCIES.] 28.32 To effectively coordinate job training and placement 28.33 services with future job needs of the state the commissioner 28.34 shall maintain close liaison, coordination and cooperation with 28.35 the commissioner ofemployment and economic development andany 28.36 other state agency involved in employment issues affecting the 29.1 state. 29.2 Sec. 46. Minnesota Statutes 2003 Supplement, section 29.3 268.022, subdivision 1, is amended to read: 29.4 Subdivision 1. [DETERMINATION AND COLLECTION OF SPECIAL 29.5 ASSESSMENT.] (a) In addition toall other taxes, assessments,29.6and payment obligations under chapter 268amounts due from an 29.7 employer under the Minnesota unemployment insurance program, 29.8 each employer, except an employer making reimbursements is 29.9 liable for a special assessment levied at the rate ofone-tenth29.10of one percent per year until June 30, 2000, and29.11 seven-hundredths of one percent per yearon and after July 1,29.122000,on all taxable wages, as defined in section 268.035, 29.13 subdivision 24. The assessment shall become due and be paid by 29.14 each employerto the departmenton the same schedule and in the 29.15 same manner as othertaxesamounts due from an employer under 29.16 section 268.051, subdivision 1. 29.17 (b) The special assessment levied under this section shall 29.18not affect the computation of any other taxes, assessments, or29.19payment obligations due under this chapterbe subject to the 29.20 same requirements and collection procedures as any amounts due 29.21 from an employer under the Minnesota unemployment insurance 29.22 program. 29.23 Sec. 47. Minnesota Statutes 2002, section 268.29, is 29.24 amended to read: 29.25 268.29 [JUVENILE JUSTICE PROGRAM.] 29.26 The governor shall designate the Department ofEconomic29.27SecurityPublic Safety as the sole agency responsible for 29.28 supervising the preparation and administration of the state plan 29.29 for juvenile justice required by the Juvenile Justice and 29.30 Delinquency Prevention Act of 1974, as amended. 29.31 The governor shall designate the Juvenile Justice Advisory 29.32 Committee as the supervisory board for the Department of 29.33Economic SecurityPublic Safety with respect to preparation and 29.34 administration of the state plan and award of grants. 29.35 The governor shall appoint members to the Juvenile Justice 29.36 Advisory Committee in accordance with the membership 30.1 requirements of the Juvenile Justice and Delinquency Prevention 30.2 Act of 1974, as amended. Section 15.059, subdivision 3, governs 30.3 the compensation of the members. 30.4 Sec. 48. Minnesota Statutes 2003 Supplement, section 30.5 268.363, is amended to read: 30.6 268.363 [ADVISORY COMMITTEE.] 30.7 A13-member12-member advisory committee is established as 30.8 provided under section 15.059 to assist the commissioner in 30.9 selecting eligible organizations to receive program grants and 30.10 evaluating the final reports of each 30.11 organization.Notwithstanding section 15.059, the advisory30.12committee shall not expire before June 30, 1995.Members of the 30.13 committee may be reimbursed for expenses but may not receive any 30.14 other compensation for service on the committee. The advisory 30.15 committee consists of representatives of the commissioners of 30.16 education, human services, and employment and economic 30.17securitydevelopment; a representative of the chancellor of the 30.18 Minnesota State Colleges and Universities; a representative of 30.19 the commissioner of the Housing Finance Agency;the director of30.20the Office of Jobs Policy;and seven public members appointed by 30.21 the governor. Each of the following groups must be represented 30.22 by a public member experienced in working with targeted youth: 30.23 labor organizations, local educators, community groups, 30.24 consumers, local housing developers, youth between the ages of 30.25 16 and 24 who have a period of homelessness, and other homeless 30.26 persons. At least three of the public members must be from 30.27 outside of the metropolitan area as defined in section 473.121, 30.28 subdivision 2. The commissioner may provide staff to the 30.29 advisory committee to assist it in carrying out its purpose. 30.30 Sec. 49. Minnesota Statutes 2002, section 268.66, as 30.31 amended by Laws 2003, First Special Session chapter 4, section 30.32 1, is amended to read: 30.33 268.66 [FIRST SOURCE AGREEMENTS.] 30.34 Subdivision 1. [LIST OF VACANCIES.] A business or private 30.35 enterprise receiving grants or loans from the state in amounts 30.36 over $200,000 a year shall as part of the grant or loan agree to 31.1 list any vacant or new positions with thejob services of the31.2commissioner of economic security or the local service31.3unitsstate workforce centers. 31.4 Subd. 2. [GRANT AND LOAN AGREEMENTS.] The commissionerof31.5employment and economic developmentshall incorporate the 31.6 provisions of this section into grant and loan agreementsand31.7assist the commissioner of economic security and the local31.8service units to promote private sector listings with job31.9services and to evaluate their effect on employers and31.10individuals who are referred. 31.11 Sec. 50. Minnesota Statutes 2002, section 268.665, as 31.12 amended by Laws 2003, chapter 130, section 12, and Laws 2003, 31.13 First Special Session chapter 4, section 1, is amended to read: 31.14 268.665 [WORKFORCE DEVELOPMENT COUNCIL.] 31.15 Subdivision 1. [CREATION.] The governor's Workforce 31.16 Development Council is created under the authority of theJob31.17Training Partnership Act, United States Code, title 29, section31.181501Workforce Investment Act, United States Code, title 29, 31.19 section 2911, et seq. Local workforce development councils are 31.20 authorized under theJob Training Partnership Act, United States31.21Code, title 29, section 1501 and the one stop career center31.22systemWorkforce Investment Act. The governor's Workforce 31.23 Development Council serves as Minnesota's Workforce Investment 31.24 Board for the purposes of the federal Workforce Investment Act. 31.25 Subd. 2. [MEMBERSHIP.] The governor's Workforce 31.26 Development Council is composed of3331 members appointed by 31.27 the governor. The members may be removed pursuant to section 31.28 15.059. In selecting the representatives of the council, the 31.29 governor shall ensure that 50 percent of the members come from 31.30 nominations provided by local workforce councils. Local 31.31 education representatives shall come from nominations provided 31.32 by local education to employment partnerships. The3331 31.33 members shall represent the following sectors: 31.34 (a) State agencies: the following individuals shall serve 31.35 on the council: 31.36 (1) commissioner of the Minnesota Department of Employment 32.1 and EconomicSecurityDevelopment; 32.2 (2) commissioner of the Minnesota Department of 32.3 Education; and 32.4 (3) commissioner of the Minnesota Department of Human 32.5 Services; and32.6(4) commissioner of the Minnesota Department of Employment32.7and Economic Development. 32.8 (b) Business and industry: six individuals shall represent 32.9 the business and industry sectors of Minnesota. 32.10 (c) Organized labor: six individuals shall represent labor 32.11 organizations of Minnesota. 32.12 (d) Community-based organizations: four individuals shall 32.13 represent community-based organizations of Minnesota. 32.14 Community-based organizations are defined by theJob Training32.15PartnershipWorkforce Investment Act as private nonprofit 32.16 organizations that are representative of communities or 32.17 significant segments of communities and thatprovide job32.18training services, agencies serving youth, agencies serving32.19individuals with disabilities, agencies serving displaced32.20homemakers, union-related organizations, and employer-related32.21nonprofit organizations and organizations serving nonreservation32.22Indians and tribal governmentshave demonstrated expertise and 32.23 effectiveness in the field of workforce investment. 32.24 (e) Education: six individuals shall represent the 32.25 education sector of Minnesota as follows: 32.26 (1) one individual shall represent local public secondary 32.27 education; 32.28 (2) one individual shall have expertise in design and 32.29 implementation of school-based service-learning; 32.30 (3) one individual shall representpostsecondary32.31educationleadership of the University of Minnesota; 32.32 (4) one individual shall represent secondary/postsecondary 32.33 vocational institutions; 32.34 (5) the chancellor of the Board of Trustees of the 32.35 Minnesota State Colleges and Universities; and 32.36 (6) one individual shall have expertise in agricultural 33.1 education. 33.2 (f) Other: two individuals shall represent other 33.3 constituencies including: 33.4 (1) units of local government; and 33.5 (2) applicable state or local programs. 33.6 The speaker and the minority leader of the house of 33.7 representatives shall each appoint a representative to serve as 33.8 an ex officio member of the council. The majority and minority 33.9 leaders of the senate shall each appoint a senator to serve as 33.10 an ex officio member of the council.After January 1, 1997, the33.11Minnesota director of the Corporation for National Service shall33.12also serve as an ex officio member.33.13 (g) Appointment: each member shall be appointed for a term 33.14 of three years from the first day of January or July immediately 33.15 following their appointment. Elected officials shall forfeit 33.16 their appointment if they cease to serve in elected office. 33.17 (h) Members of the council are compensated as provided in 33.18 section 15.059, subdivision 3. 33.19 Subd. 3. [PURPOSE; DUTIES.] The governor's Workforce 33.20 Development Council shall replace the governor's Job Training 33.21 Council and assume all of its requirements, duties, and 33.22 responsibilities, under theJob Training Partnership Act, United33.23States Code, title 29, section 1501, et seqWorkforce Investment 33.24 Act. Additionally, the Workforce Development Council shall 33.25 assume the following duties and responsibilities: 33.26 (a)Coordinate the development, implementation, and33.27evaluation of the statewide education and employment transitions33.28system under section 124D.46. Beginning January 1, 1997, the33.29council shall also coordinate the development, implementation,33.30and evaluation of the Minnesota youth services programs under33.31sections 124D.39 to 124D.44, and the National and Community33.32Services Act of 1993, United States Code, title 42, section33.3312501, et seq.33.34(b)Review the provision of services and the use of funds 33.35 and resources under applicable federal human resource programs 33.36 and advise the governor on methods of coordinating the provision 34.1 of services and the use of funds and resources consistent with 34.2 the laws and regulations governing the programs. For purposes 34.3 of this section, applicable federal and state human resource 34.4 programs mean the: 34.5 (1)Job Training Partnership Act, United States Code, title34.629, section 1501Workforce Investment Act, United States Code, 34.7 title 29, section 2911, et seq.; 34.8 (2) Carl D. Perkins Vocational and Applied Technology 34.9 Education Act, United States Code, title 20, section 2301, et 34.10 seq.; 34.11 (3)National and Community Service Act of 1993, United34.12States Code, title 42, section 12501, et seq.;34.13(4)Adult Education Act, United States Code, title 20, 34.14 section 1201, et seq.; 34.15(5)(4) Wagner-Peyser Act, United States Code, title 29, 34.16 section 49; 34.17(6) Social Security Act, title IV, part F, (JOBS), United34.18States Code, title 42, section 681, et seq.(5) Personal 34.19 Responsibility and Work Opportunities Act of 1996 (TANF); 34.20(7)(6) Food Stamp Act of 1977, United States Code, title 34.21 7, section 6(d)(4), Food Stamp Employment and Training Program, 34.22 United States Code, title 7, section 2015(d)(4); and 34.23(8)(7) programs defined in section 268.0111, subdivision 5 34.24; and34.25(9) School to Work Opportunity Act of 1994, Public Law34.26103-239. 34.27 Additional federal and state programs and resources can be 34.28 included within the scope of the council's duties if recommended 34.29 by the governor after consultation with the council. 34.30(c)(b) Review federal, state, and local education, 34.31 postsecondary, job skills training, and youth employment 34.32 programs, and make recommendations to the governor and the 34.33 legislature for establishing an integrated seamless system for 34.34 providing education, service-learning,and work skills 34.35 development services to learners and workers of all ages. 34.36(d)(c) Advise the governor on the development and 35.1 implementation of statewide and local performance standards and 35.2 measures relating to applicable federal human resource programs 35.3 and the coordination of performance standards and measures among 35.4 programs. 35.5(e) Develop program guidelines and recommend grant approval35.6procedures to the Department of Education for grants to local35.7education and employment transition partnerships, including35.8implementation grants under section 124D.46, grants for youth35.9apprenticeship programs under section 124D.47, and youth35.10employer grants; and35.11(1) coordinate implementation of the education and35.12employment transitions system under section 124D.46;35.13(2)(d) promote education and employment transitions 35.14 programs and knowledge and skills of entrepreneurship among 35.15 employers, workers, youth, and educators, and encourage 35.16 employers to provide meaningful work-based learning 35.17 opportunities; 35.18(3)(e) evaluate and identify exemplary education and 35.19 employment transitions programs and provide technical assistance 35.20 to local partnerships to replicate the programs throughout the 35.21 state;35.22(4) establish a performance-based quality assurance system35.23for consistent statewide evaluation of the performance of the35.24education and employment transitions system at both the state35.25and local level;35.26(5) conduct an annual review of each local education and35.27employment transitions partnership to ensure it adequately meets35.28the quality assurance standards established as part of the state35.29quality assurance system;35.30(6) develop the methods to assess local partnership35.31effectiveness;35.32(7) annually publish a report on the findings of the35.33evaluations of each local education transitions partnership;35.34(8) promote knowledge and skills of entrepreneurship among35.35students in kindergarten through grade 12 by sharing information35.36about the ways new business development contributes to a strong36.1economy. 36.2 (f) Advise the governor on methods to evaluate applicable 36.3 federal human resource programs. 36.4 (g) Sponsor appropriate studies to identify human 36.5 investment needs in Minnesota and recommend to the governor 36.6 goals and methods for meeting those needs. 36.7 (h) Recommend to the governor goals and methods for the 36.8 development and coordination of a human resource system in 36.9 Minnesota. 36.10 (i) Examine federal and state laws, rules, and regulations 36.11 to assess whether they present barriers to achieving the 36.12 development of a coordinated human resource system. 36.13 (j) Recommend to the governor and to the federal government 36.14 changes in state or federal laws, rules, or regulations 36.15 concerning employment and training programs that present 36.16 barriers to achieving the development of a coordinated human 36.17 resource system. 36.18 (k) Recommend to the governor and to the federal government 36.19 waivers of laws and regulations to promote coordinated service 36.20 delivery. 36.21 (l) Sponsor appropriate studies and prepare and recommend 36.22 to the governor a strategic plan which details methods for 36.23 meeting Minnesota's human investment needs and for developing 36.24 and coordinating a state human resource system. 36.25 Subd. 3a. [EXECUTIVE COMMITTEE DUTIES.] The executive 36.26 committee must, with advice and input of local workforce 36.27 councils and other stakeholders as appropriate, develop 36.28 performance standards for the state workforce centers. By 36.29 January 15, 2002, and each odd-numbered year thereafter, the 36.30 executive committee shall submit a report to the senate and 36.31 house committees with jurisdiction over workforce development 36.32 programs regarding the performance and outcomes of the workforce 36.33 centers. The report must provide recommendations regarding 36.34 workforce center funding levels and sources, program changes, 36.35 and administrative changes. 36.36 Subd. 4. [SUBCOMMITTEES.]The governor's workforce37.1development council shall appoint an advisory subcommittee the37.2majority of whose members shall represent business and industry37.3to advise the council on the establishment of the statewide37.4education and employment transitions system.The chair of the 37.5 Workforce Development Council may establish subcommittees in 37.6 order to carry out the duties and responsibilities of the 37.7 council. 37.8 Subd. 5. [STAFFING.] The Department of Employment and 37.9 EconomicSecurityDevelopment must provide staff support to the 37.10 Minnesota Workforce Development Council.The Department of37.11Economic Security and the Department of Education shall jointly37.12staff the Education and Employment Transitions Subcommittee and37.13its activity with the full council.The support includes 37.14 professional, technical, and clerical staff necessary to perform 37.15 the duties assigned to the Workforce Development Council. The 37.16 council may ask for assistance from other units of state 37.17 government as it requires in order to fulfill its duties and 37.18 responsibilities. 37.19 Subd. 6. [EXPIRATION.] The council expiresimmediately if37.20it is no longer required by federal law as a condition of37.21receiving federal funding, orif there is no federal funding for 37.22 the human resource programs within the scope of the council's 37.23 duties. 37.24 Sec. 51. Minnesota Statutes 2002, section 268.976, 37.25 subdivision 2, is amended to read: 37.26 Subd. 2. [NOTICE.] (a) The commissioner shall encourage 37.27 those business establishments considering a decision to effect a 37.28 plant closing, substantial layoff, or relocation of operations 37.29 located in this state to give notice of that decision as early 37.30 as possible to the commissioner, the employees of the affected 37.31 establishment, any employee organization representing the 37.32 employees, and the local government unit in which the affected 37.33 establishment is located. This notice shall be in addition to 37.34 any notice required under the Worker Adjustment and Retraining 37.35 Notification Act, United States Code, title 29, section 2101. 37.36 (b)Notwithstanding section 268.975, subdivision 6,For 38.1 purposes of this section, "plant closing" means the announced or 38.2 actual permanent or temporary shutdown of a single site of 38.3 employment, or one or more facilities or operating units within 38.4 a single site of employment, if the shutdown results in an 38.5 employment loss at the single site of employment during any 38.6 30-day period for 50 or more employees excluding employees who 38.7 work less than 20 hours per week. 38.8 Sec. 52. Minnesota Statutes 2002, section 268A.01, 38.9 subdivision 5, is amended to read: 38.10 Subd. 5. [PERSON WITH A DISABILITY.] "Person with a 38.11 disability" meansa person who because of a substantial38.12physical, mental, or emotional disability requires special38.13services in order to enjoy the benefits of societyan 38.14 "individual with a disability" as defined in the federal 38.15 Rehabilitation Act of 1973, as amended. 38.16 Sec. 53. Minnesota Statutes 2002, section 268A.01, 38.17 subdivision 13, is amended to read: 38.18 Subd. 13. [SUPPORTED EMPLOYMENT.] "Supported 38.19 employment"means employment of a person with a disability so38.20severe that the person needs ongoing training and support to get38.21and keep a job in which:38.22(1) the person engages in paid work in a position removed38.23from the service vendor's site where individuals without38.24disabilities who do not require public subsidies also may be38.25employed;38.26(2) public funds are necessary to provide ongoing training38.27and support services throughout the period of the person's38.28employment; and38.29(3) the person has the opportunity for social interaction38.30with individuals who do not have disabilities and who are not38.31paid caregiversis defined by the federal Rehabilitation Act of 38.32 1973, as amended. For the extended employment program, 38.33 supported employment must also be paid work in a position 38.34 removed from the service vendor's site where individuals without 38.35 disabilities who do not require public subsidies may also be 38.36 employed. 39.1 Sec. 54. [268A.085] [REHABILITATION FACILITY BOARDS.] 39.2 Subdivision 1. [APPOINTMENT; MEMBERSHIP.] Every city, 39.3 town, county, nonprofit corporation, or combination thereof 39.4 establishing a rehabilitation facility shall appoint a 39.5 rehabilitation facility board of no fewer than nine members 39.6 before becoming eligible for the assistance provided by sections 39.7 268A.06 to 268A.15. When any city, town, or county singly 39.8 establishes such a rehabilitation facility, the board shall be 39.9 appointed by the chief executive officer of the city or the 39.10 chair of the governing board of the county or town. When any 39.11 combination of cities, towns, counties, or nonprofit 39.12 corporations establishes a rehabilitation facility, the chief 39.13 executive officers of the cities, nonprofit corporations, and 39.14 the chairs of the governing bodies of the counties or towns 39.15 shall appoint the board. If a nonprofit corporation singly 39.16 establishes a rehabilitation facility, the corporation shall 39.17 appoint the board of directors. Membership on a board shall be 39.18 representative of the community served and shall include a 39.19 person with a disability. One-third to one-half of the board 39.20 shall be representative of industry or business. The remaining 39.21 members should be representative of lay associations for persons 39.22 with a disability, labor, the general public, and education, 39.23 welfare, medical, and health professions. Nothing in sections 39.24 268A.06 to 268A.15 shall be construed to preclude the 39.25 appointment of elected or appointed public officials or members 39.26 of the board of directors of the sponsoring nonprofit 39.27 corporation to the board, so long as the representation 39.28 described above is preserved. If a county establishes an 39.29 extended employment program and manages the program with county 39.30 employees, the governing board shall be the county board of 39.31 commissioners, and other provisions of this chapter pertaining 39.32 to membership on the governing board do not apply. 39.33 Subd. 2. [DUTIES.] Subject to the provisions of sections 39.34 268A.06 to 268A.15 and the rules of the department, each 39.35 rehabilitation facility board shall: 39.36 (1) review and evaluate the need for extended employment 40.1 programs offered by the rehabilitation facility provided under 40.2 sections 268A.06 to 268A.15; 40.3 (2) recruit and promote local financial support for 40.4 extended employment programs from private sources including: 40.5 the United Way; business, industrial, and private foundations; 40.6 voluntary agencies; and other lawful sources, and promote public 40.7 support for municipal and county appropriations; 40.8 (3) promote, arrange, and implement working agreements with 40.9 other educational and social service agencies, both public and 40.10 private, and any other allied agencies; and 40.11 (4) when an extended employment program offered by the 40.12 rehabilitation facility is certified, act as the administrator 40.13 of the rehabilitation facility and its programs for purposes of 40.14 this chapter. 40.15 Sec. 55. Laws 2003, chapter 128, article 10, section 2, 40.16 subdivision 1, is amended to read: 40.17 Subdivision 1. Total 40.18 Appropriation $ 67,659,000 $ 64,429,000 40.19 Summary by Fund 40.20 General 57,219,000 54,819,000 40.21 Petroleum Tank 40.22 Cleanup 750,000 -0- 40.23 Environmental Fund 700,000 700,000 40.24 Workforce Development 40.25 Fund 8,750,000 8,670,000 40.26 Special Revenue 240,000 240,000 40.27 The amounts that may be spent from this 40.28 appropriation for each program are 40.29 specified in the following 40.30 subdivisions. During the second year 40.31 no more than $22 per square foot may be 40.32 spent from this appropriation on the 40.33 monthly rent for any leased office 40.34 space. 40.35 Sec. 56. Laws 2003, chapter 128, article 10, section 2, 40.36 subdivision 3, is amended to read: 40.37 Subd. 3. Minnesota Trade 40.38 Office 2,187,000 2,187,000 40.39 Of this amount, $127,000 the first year 40.40 is for a onetime transfer to the 40.41 department of agriculture for the 40.42 purposes of agricultural trade 40.43 promotion. During the second year no 40.44 more than $16,667 per month, and 41.1 $200,000 for the year, may be spent on 41.2 leased office space for the Minnesota 41.3 Trade Office. 41.4 Sec. 57. [REVISOR INSTRUCTION.] 41.5 (a) The revisor of statutes shall substitute "employment 41.6 and economic development" for "economic security" when the 41.7 reference refers to the department or commissioner in Minnesota 41.8 Statutes, sections 3C.12; 4.045; 10A.01; 13.32; 13.43; 13.46; 41.9 13.47; 13.475; 13.791; 14.03; 14.3691; 15.39; 16B.181; 16B.54; 41.10 16C.10; 16C.15; 116C.772; 116L.04; 119A.04; 119A.15; 119B.011; 41.11 124D.375; 124D.49; 124D.52; 125A.023; 125A.28; 125A.59; 41.12 144.0525; 145.9266; 176.011; 176.102; 176.181; 176.186; 176.291; 41.13 176.361; 245.4705; 245.696; 245.697; 245.771; 248.07; 252.33; 41.14 252.431; 256.482; 256.998; 256C.26; 256C.28; 256D.02; 256D.051; 41.15 256J.49; 256J.51; 256J.61; 256J.645; 256J.751; 268.035, 41.16 subdivisions 8a and 12a; 268.86; 268A.01; 268A.02; 268A.07; 41.17 268A.11; 268A.13; 268A.14; 268A.15; 270A.09; 290.92; 363A.06; 41.18 363A.20; 375.552; 469.301; 474A.045; 480A.06; 480A.09; 517.08; 41.19 518.551; 518.5513; 523.24; and 611A.202. 41.20 (b) The revisor of statutes shall substitute "unemployment 41.21 insurance" for "reemployment insurance" in Minnesota Statutes, 41.22 section 356.50. 41.23 (c) The revisor of statutes shall substitute "unemployment 41.24 insurance" for "unemployment compensation" in Minnesota 41.25 Statutes, sections 116J.993; 256B.0952; 256B.421; 256D.051; and 41.26 299C.69. 41.27 (d) The revisor of statutes shall substitute "unemployment 41.28 insurance program" for "unemployment insurance program and job 41.29 service" in Minnesota Statutes, chapter 268. 41.30 (e) The revisor of statutes shall substitute "knowingly" 41.31 for "intentionally" in Minnesota Statutes, chapter 268. 41.32 (f) The revisor of statutes shall substitute 41.33 "rehabilitation services" for "Division of Rehabilitation 41.34 Services" when referring to the Department of Employment and 41.35 Economic Development operating unit in Minnesota Statutes, 41.36 sections 176.102, subdivision 10; 268A.03; 268A.11; and 268A.15. 41.37 (g) The revisor of statutes shall substitute "employment 42.1 and economic development" for "trade and economic development" 42.2 when referring to the department or commissioner of employment 42.3 and economic development in Minnesota Statutes, sections 42.4 469.005; 473.351; and 473.608. 42.5 (h) The revisor of statutes shall change the title of 42.6 Minnesota Statutes, chapter 116L, to "Workforce Development." 42.7 (i) The revisor of statutes shall renumber each section of 42.8 Minnesota Statutes specified in column A with the number set 42.9 forth in column B. The revisor shall also make necessary 42.10 cross-reference changes consistent with the renumbering. 42.11 Column A Column B 42.12 268.0111, subds. 4 to 9 116L.19, subds. 4 to 9 42.13 268.0121, subd. 3 116J.01, subd. 6 42.14 268.0121, subd. 4 116J.035, subd. 4 42.15 268.0121, subd. 5 116J.035, subd. 5 42.16 268.0122, subd. 1 116J.401, subd. 2 42.17 268.0122, subd. 4 116J.035, subd. 4 42.18 268.0122, subd. 7 116J.401, subd. 3 42.19 268.0124 116J.0124 42.20 268.0125 116J.0125 42.21 268.014 116J.014 42.22 268.022 116L.20 42.23 268.29 299A.72 42.24 268.30 116L.30 42.25 268.361 116L.361 42.26 268.362 116L.362 42.27 268.3625 116L.3625 42.28 268.363 116L.363 42.29 268.364 116L.364 42.30 268.365 116L.365 42.31 268.366 116L.366 42.32 268.56 116L.56 42.33 268.561 116L.561 42.34 268.60 116L.60 42.35 268.61 116L.61 42.36 268.62 116L.62 43.1 268.63 116L.63 43.2 268.64 116L.64 43.3 268.66 116L.66 43.4 268.665 116L.665 43.5 268.666 116L.666 43.6 268.86 116L.86 43.7 268.871 116L.871 43.8 268.872 116L.872 43.9 268.88 116L.88 43.10 268.881 116L.881 43.11 268.9165 119A.545 43.12 268.96 116L.96 43.13 268.976 116L.976 43.14 Sec. 58. [REPEALER.] 43.15 Subdivision 1. [MINNESOTA STATUTES.] Minnesota Statutes 43.16 2002, sections 116J.036; 116J.414; 116L.04, subdivision 4; 43.17 268.0111, subdivisions 1, 2, 3a, and 4a; 268.0121, subdivisions 43.18 1 and 2; 268.0122, subdivisions 2, 5, and 6; 268.027; 268.028; 43.19 268.029; 268.26, subdivisions 2 and 3; 268.361, subdivision 3; 43.20 268.3661; 268.551; 268.552; 268.56, subdivision 2; 268.561, 43.21 subdivision 10; 268.61, subdivision 2; 268.65, subdivisions 1, 43.22 3, 4, and 5; 268.666, subdivision 5; 268.89; 268.918; and 43.23 268.95, are repealed. Minnesota Statutes 2003 Supplement, 43.24 sections 268.0122, subdivision 3; 268.26, subdivision 1; 268.65, 43.25 subdivision 2; 268.95, subdivision 4; and 268.976, subdivision 43.26 1, are repealed. 43.27 Subd. 2. [LAWS.] Laws 2001, chapter 175, section 49, is 43.28 repealed. 43.29 Subd. 3. [MINNESOTA RULES.] Minnesota Rules, parts 43.30 3300.0050; 3301.0180; 3301.0190; 3301.0200; 3301.0210; 43.31 3301.0220; 3301.0230; 3310.2903; 3310.2904; 3310.2905, subpart 43.32 1; 3310.2906; 3310.2907; 3310.2909; 3310.2918; 3315.0100; 43.33 3315.0202; 3315.0501, subparts 3, 4, and 5; 3315.0510; 43.34 3315.0530, subpart 1; 3315.0535; 3315.0545; 3315.0555, subpart 43.35 5; 3315.0915; 3315.0920; 3315.1005, subpart 2; 3315.1015; 43.36 3315.1301, subparts 3 and 6; 3315.1305; 3315.1310; 3315.1650, 44.1 subpart 1; 3315.2410; 3315.2610; 3315.2750; 3315.2810, subparts 44.2 1 and 3; 3315.3220, subpart 4; 3320.0010; 3320.0020; 3320.0030; 44.3 7380.0200; 7380.0210; 7380.0220; 7380.0230; 7380.0240; 44.4 7380.0500; 7380.0510; 7380.0520; 7380.0530; 7380.0540; 44.5 7380.0550; 7380.0560; 7380.0570; 7380.0580; 7380.0581; 44.6 7380.0582; 7380.0600; 7380.0610; 7380.0620; 7380.0630; 44.7 7380.0640; 7380.0650; 7380.0800; 7380.0810; 7380.0820; 44.8 7380.0830; and 7380.0840, are repealed. 44.9 Sec. 59. [EFFECTIVE DATE.] 44.10 Sections 1 to 58 are effective the day following final 44.11 enactment.