Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 2948

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 05:12pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16
1.17 1.18
1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20
2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19
3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21
4.22 4.23
4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4
5.5 5.6 5.7 5.8 5.9 5.10 5.11
5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30
8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14
9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34
10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21
10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12
11.13 11.14 11.15 11.16 11.17

A bill for an act
relating to economic development; repealing obsolete, redundant, and
unnecessary laws administered by the Department of Employment and Economic
Development; making conforming changes; amending Minnesota Statutes 2012,
sections 15.991, subdivision 1; 116C.34, subdivision 3; 116D.04, subdivision 2a;
116L.02; 116L.05, subdivision 5; 116L.20, subdivision 2; 256J.49, subdivision
4; 256J.51, subdivision 2; 268.105, subdivision 7; 268.186; repealing Minnesota
Statutes 2012, sections 116C.22; 116C.23; 116C.24; 116C.25; 116C.26;
116C.261; 116C.27; 116C.28; 116C.29; 116C.30; 116C.31; 116C.32; 116C.33;
116J.037; 116J.422; 116J.658; 116J.68, subdivision 5; 116J.74, subdivision 7a;
116J.874, subdivisions 1, 2, 3, 4, 5; 116J.885; 116J.987; 116J.988; 116J.989;
116J.990, subdivisions 1, 2, 3, 4, 5, 6; 116L.06; 116L.10; 116L.11; 116L.12,
subdivisions 1, 3, 4, 5, 6; 116L.13; 116L.14; 116L.15; 116L.361, subdivision 2;
116L.363; 116L.871; 116L.872; 469.109; 469.124; 469.35; 469.351; Minnesota
Statutes 2013 Supplement, sections 116J.6581; 116J.70, subdivision 2a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

OBSOLETE AND REDUNDANT STATUTES

Section 1.

Minnesota Statutes 2012, section 268.105, subdivision 7, is amended to read:


Subd. 7.

Judicial review.

(a) The Minnesota Court of Appeals must, by writ of
certiorari to the department, review the unemployment law judge's decision, provided a
petition for the writ is filed with the court and a copy is served upon the unemployment
law judge or the commissioner and any other involved party within 30 calendar days of
the sending of the unemployment law judge's order under subdivision 2.

(b) Any employer petitioning for a writ of certiorari must pay to the court the
required filing fee deleted text beginand upon the service of the writ must furnish a cost bond to the
department
deleted text end in accordance with the Rules of Civil Appellate Procedure. If the employer
requests a written transcript of the testimony received at the evidentiary hearing conducted
under subdivision 1, the employer must pay to the department the cost of preparing the
transcript. That money is credited to the administration account.

(c) Upon issuance by the Minnesota Court of Appeals of a writ of certiorari as a result
of an applicant's petition, the department must furnish to the applicant at no cost a written
transcript of any testimony received at the evidentiary hearing conducted under subdivision
1, and, if requested, a copy of all exhibits entered into evidence. No filing fee or cost bond is
required of an applicant petitioning the Minnesota Court of Appeals for a writ of certiorari.

(d) The Minnesota Court of Appeals may affirm the decision of the unemployment
law judge or remand the case for further proceedings; or it may reverse or modify the
decision if the substantial rights of the petitioner may have been prejudiced because the
findings, inferences, conclusion, or decision are:

(1) in violation of constitutional provisions;

(2) in excess of the statutory authority or jurisdiction of the department;

(3) made upon unlawful procedure;

(4) affected by other error of law;

(5) unsupported by substantial evidence in view of the entire record as submitted; or

(6) arbitrary or capricious.

(e) The department is considered the primary responding party to any judicial action
involving an unemployment law judge's decision. The department may be represented by
an attorney licensed to practice law in Minnesota who is an employee of the department.

Sec. 2.

Minnesota Statutes 2012, section 268.186, is amended to read:


268.186 RECORDS; AUDITS.

(a) Each employer must keep true and accurate records deleted text beginfor the periods of time
and
deleted text endnew text begin on individuals performing services for the employer,new text end containing the information the
commissioner may require deleted text beginby ruledeleted text endnew text begin under Minnesota Rules, part 3315.1010new text end. new text beginThe records
must be kept for a period of not less than four years in addition to the current calendar year.
new text end

For the purpose of administering this chapter, the commissioner has the power to
audit, examine, or cause to be supplied or copied, any books, correspondence, papers,
records, or memoranda that are relevant, whether the books, correspondence, papers,
records, or memoranda are the property of or in the possession of the employer or any
other person at any reasonable time and as often as may be necessary.

(b) Any employer that refuses to allow an audit of its records by the department, or
that fails to make all necessary records available for audit in Minnesota upon request of
the commissioner, may be assessed an administrative penalty of $500.

An employer that fails to provide a weekly breakdown of money earned by an
applicant upon request of the commissioner, information necessary for the detection of
applicant fraud under section 268.18, subdivision 2, may be assessed an administrative
penalty of $100. Any notice requesting a weekly breakdown must clearly state that a $100
penalty may be assessed for failure to provide the information. The penalty collected is
credited to the trust fund.

(c) The commissioner may make summaries, compilations, photographs,
duplications, or reproductions of any records, or reports that the commissioner considers
advisable for the preservation of the information contained therein. Any summaries,
compilations, photographs, duplications, or reproductions is admissible in any proceeding
under this chapter. The commissioner may duplicate records, reports, summaries,
compilations, instructions, determinations, or any other written or recorded matter
pertaining to the administration of this chapter.

(d) Regardless of any law to the contrary, the commissioner may provide for the
destruction of any records, reports, or reproductions, or other papers that are no longer
necessary for the administration of this chapter, including any required audit. In addition,
the commissioner may provide for the destruction or disposition of any record, report,
or other paper from which the information has been electronically captured and stored,
or that has been photographed, duplicated, or reproduced.

Sec. 3. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Environmental Coordination Procedures Act. new text end

new text begin Minnesota Statutes
2012, sections 116C.22; 116C.23; 116C.24; 116C.25; 116C.26; 116C.261; 116C.27;
116C.28; 116C.29; 116C.30; 116C.31; 116C.32; and 116C.33,
new text end new text begin are repealed.
new text end

new text begin Subd. 2. new text end

new text begin E-Commerce ready designations. new text end

new text begin Minnesota Statutes 2012, section
116J.037,
new text end new text begin is repealed.
new text end

new text begin Subd. 3. new text end

new text begin Rural policy and development center fund. new text end

new text begin Minnesota Statutes 2012,
section 116J.422,
new text end new text begin is repealed.
new text end

new text begin Subd. 4. new text end

new text begin Science and technology economic development project. new text end

new text begin Minnesota
Statutes 2012, section 116J.658,
new text end new text begin is repealed.
new text end

new text begin Subd. 5. new text end

new text begin Minnesota Entrepreneur Resource Virtual Network (MERVN).
new text end

new text begin Minnesota Statutes 2013 Supplement, section 116J.6581, new text end new text begin is repealed.
new text end

new text begin Subd. 6. new text end

new text begin Small Business Development Center Advisory Board meetings.
new text end

new text begin Minnesota Statutes 2012, section 116J.68, subdivision 5, new text end new text begin is repealed.
new text end

new text begin Subd. 7. new text end

new text begin Business license assistance exceptions. new text end

new text begin Minnesota Statutes 2013
Supplement, section 116J.70, subdivision 2a,
new text end new text begin is repealed.
new text end

new text begin Subd. 8. new text end

new text begin Affirmative enterprise program. new text end

new text begin Minnesota Statutes 2012, section
116J.874, subdivisions 1, 2, 3, 4, and 5,
new text end new text begin are repealed.
new text end

new text begin Subd. 9. new text end

new text begin Biomedical Innovation and Commercialization Initiative. new text end

new text begin Minnesota
Statutes 2012, section 116J.885,
new text end new text begin is repealed.
new text end

new text begin Subd. 10. new text end

new text begin Board of Invention. new text end

new text begin Minnesota Statutes 2012, sections 116J.987;
116J.988; 116J.989; and 116J.990, subdivisions 1, 2, 3, 4, 5, and 6,
new text end new text begin are repealed.
new text end

new text begin Subd. 11. new text end

new text begin HIRE education loan program. new text end

new text begin Minnesota Statutes 2012, section
116L.06,
new text end new text begin is repealed.
new text end

new text begin Subd. 12. new text end

new text begin Healthcare and human services worker program. new text end

new text begin Minnesota Statutes
2012, sections 116L.10; 116L.11; 116L.12, subdivisions 1, 3, 4, 5, and 6; 116L.13;
116L.14; and 116L.15,
new text end new text begin are repealed.
new text end

new text begin Subd. 13. new text end

new text begin Youthbuild advisory committee. new text end

new text begin Minnesota Statutes 2012, section
116L.363,
new text end new text begin is repealed.
new text end

new text begin Subd. 14. new text end

new text begin Local service unit delivery. new text end

new text begin Minnesota Statutes 2012, sections 116L.871;
and 116L.872,
new text end new text begin are repealed.
new text end

new text begin Subd. 15. new text end

new text begin Transit improvement areas. new text end

new text begin Minnesota Statutes 2012, sections 469.35;
and 469.351,
new text end new text begin are repealed.
new text end

new text begin Subd. 16. new text end

new text begin Area redevelopment. new text end

new text begin Minnesota Statutes 2012, section 469.109, new text end new text begin is
repealed.
new text end

new text begin Subd. 17. new text end

new text begin City development districts. new text end

new text begin Minnesota Statutes 2012, section 469.124, new text end new text begin is
repealed.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2012, section 15.991, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of this section and section 15.992:

(1) "business license" or "license" has the meaning given it in section 116J.70,
subdivision 2
deleted text begin, and also includes licenses and other forms of approval listed in section
116J.70, subdivision 2a, clauses (7) and (8), but does not include those listed in
subdivision 2a, clauses (1) to (6)
deleted text end;

(2) "customer" means an individual; a small business as defined in section 645.445,
but also including a nonprofit corporation that otherwise meets the criteria in that
section; a family farm, family farm corporation, or family farm partnership as defined in
section 500.24, subdivision 2; or a political subdivision as defined in section 103G.005,
subdivision 14a
;

(3) "initial agency" means the state agency to which a customer submits an
application for a license or inquires about submitting an application; and

(4) "responsible agency" means the initial agency or another state agency that agrees
to be designated the responsible agency.

Sec. 2.

Minnesota Statutes 2012, section 116C.34, subdivision 3, is amended to read:


Subd. 3.

County responsibility.

The auditor of each county shall post in a
conspicuous place in the auditor's office the telephone numbers of the Bureau of Business
Licenses and the permit information center in the office of the applicable regional
development commissiondeleted text begin; copies of any master applications or permit applications
forwarded to the auditor pursuant to section 116C.27, subdivision 1;
deleted text end and copies of any
information published by the bureau or an information center pursuant to subdivision 1.

Sec. 3.

Minnesota Statutes 2012, section 116D.04, subdivision 2a, is amended to read:


Subd. 2a.

When prepared.

Where there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant
environmental impacts, discusses appropriate alternatives to the proposed action and
their impacts, and explores methods by which adverse environmental impacts of an
action could be mitigated. The environmental impact statement shall also analyze those
economic, employment, and sociological effects that cannot be avoided should the action
be implemented. To ensure its use in the decision-making process, the environmental
impact statement shall be prepared as early as practical in the formulation of an action.

(a) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet shall not be required for the
expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
of the expanded or converted facility to produce alcohol fuel, but must be required if
the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
of actions for which environmental assessment worksheets must be prepared. The
responsible governmental unit for an ethanol plant or biobutanol facility project for which
an environmental assessment worksheet is prepared shall be the state agency with the
greatest responsibility for supervising or approving the project as a whole.

A mandatory environmental impact statement shall not be required for a facility
or plant located outside the seven-county metropolitan area that produces less than
125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, if the facility
or plant is: an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
(b); a biobutanol facility, as defined in section 41A.105, subdivision 1a, clause (1); or a
cellulosic biofuel facility, as defined in section 41A.10, subdivision 1, paragraph (d).

(b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet by publishing the notice in at least
one newspaper of general circulation in the geographic area where the project is proposed,
by posting the notice on a Web site that has been designated as the official publication site
for publication of proceedings, public notices, and summaries of a political subdivision in
which the project is proposed, or in any other manner determined by the board and shall
provide copies of the environmental assessment worksheet to the board and its member
agencies. Comments on the need for an environmental impact statement may be submitted
to the responsible governmental unit during a 30-day period following publication of the
notice that an environmental assessment worksheet has been completed. The responsible
governmental unit's decision on the need for an environmental impact statement shall be
based on the environmental assessment worksheet and the comments received during the
comment period, and shall be made within 15 days after the close of the comment period.
The board's chair may extend the 15-day period by not more than 15 additional days upon
the request of the responsible governmental unit.

(c) An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 100
individuals who reside or own property in the state, submitted before the proposed
project has received final approval by the appropriate governmental units, demonstrates
that, because of the nature or location of a proposed action, there may be potential for
significant environmental effects. Petitions requesting the preparation of an environmental
assessment worksheet shall be submitted to the board. The chair of the board shall
determine the appropriate responsible governmental unit and forward the petition to it.
A decision on the need for an environmental assessment worksheet shall be made by
the responsible governmental unit within 15 days after the petition is received by the
responsible governmental unit. The board's chair may extend the 15-day period by not
more than 15 additional days upon request of the responsible governmental unit.

(d) Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:

(1) the proposed action is:

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

(ii) an expansion of an existing animal feedlot facility with a total cumulative
capacity of less than 1,000 animal units;

(2) the application for the animal feedlot facility includes a written commitment by
the proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and

(3) the county board holds a public meeting for citizen input at least ten business
days prior to the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in
addition to other exemptions provided under other law and rules of the board.

(e) The board may, prior to final approval of a proposed project, require preparation
of an environmental assessment worksheet by a responsible governmental unit selected
by the board for any action where environmental review under this section has not been
specifically provided for by rule or otherwise initiated.

(f) An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts, which, because of the nature or location
of the project, have the potential for significant environmental effects. The same process
shall be utilized to determine the form, content and level of detail of the statement as well
as the alternatives which are appropriate for consideration in the statement. In addition,
the permits which will be required for the proposed action shall be identified during the
scoping process. Further, the process shall identify those permits for which information
will be developed concurrently with the environmental impact statement. The board
shall provide in its rules for the expeditious completion of the scoping process. The
determinations reached in the process shall be incorporated into the order requiring the
preparation of an environmental impact statement.

(g) The responsible governmental unit shall, to the extent practicable, avoid
duplication and ensure coordination between state and federal environmental review
and between environmental review and environmental permitting. Whenever practical,
information needed by a governmental unit for making final decisions on permits
or other actions required for a proposed project shall be developed in conjunction
with the preparation of an environmental impact statement. When an environmental
impact statement is prepared for a project requiring multiple permits for which two or
more agencies' decision processes include either mandatory or discretionary hearings
before a hearing officer prior to the agencies' decision on the permit, the agencies
may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
consolidated hearing process if requested by the proposer. All agencies having jurisdiction
over a permit that is included in the consolidated hearing shall participate. The responsible
governmental unit shall establish appropriate procedures for the consolidated hearing
process, including procedures to ensure that the consolidated hearing process is consistent
with the applicable requirements for each permit regarding the rights and duties of parties to
the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
deleted text begin The procedures of section 116C.28, subdivision 2, apply to the consolidated hearing.
deleted text end

(h) An environmental impact statement shall be prepared and its adequacy
determined within 280 days after notice of its preparation unless the time is extended by
consent of the parties or by the governor for good cause. The responsible governmental
unit shall determine the adequacy of an environmental impact statement, unless within 60
days after notice is published that an environmental impact statement will be prepared,
the board chooses to determine the adequacy of an environmental impact statement. If an
environmental impact statement is found to be inadequate, the responsible governmental
unit shall have 60 days to prepare an adequate environmental impact statement.

(i) The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit shall identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit shall require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.

Sec. 4.

Minnesota Statutes 2012, section 116L.02, is amended to read:


116L.02 JOB SKILLS PARTNERSHIP PROGRAM.

(a) The Minnesota Job Skills Partnership program is created to act as a catalyst to
bring together employers with specific training needs with educational or other nonprofit
institutions which can design programs to fill those needs. The partnership shall work
closely with employers to prepare, train and place prospective or incumbent workers in
identifiable positions as well as assisting educational or other nonprofit institutions in
developing training programs that coincide with current and future employer requirements.
The partnership shall provide grants to educational or other nonprofit institutions for
the purpose of training workers. A participating business must match the grant-in-aid
made by the Minnesota Job Skills Partnership. The match may be in the form of funding,
equipment, or faculty.

deleted text begin (b) The partnership program shall administer the health care and human services
worker training and retention program under sections 116L.10 to 116L.15.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end The partnership program is authorized to use funds to pay for training for
individuals who have incomes at or below 200 percent of the federal poverty line.
The board may grant funds to eligible recipients to pay for board-certified training.
Eligible recipients of grants may include public, private, or nonprofit entities that provide
employment services to low-income individuals.

Sec. 5.

Minnesota Statutes 2012, section 116L.05, subdivision 5, is amended to read:


Subd. 5.

Use of workforce development funds.

After March 1 of any fiscal year,
the board may use workforce development funds for the purposes outlined in sections
116L.02deleted text begin,deleted text endnew text begin andnew text end 116L.04deleted text begin, and 116L.10 to 116L.14,deleted text end or to provide incumbent worker training
services under section 116L.18 if the following conditions have been met:

(1) the board examines relevant economic indicators, including the projected
number of layoffs for the remainder of the fiscal year and the next fiscal year, evidence of
declining and expanding industries, the number of initial applications for and the number
of exhaustions of unemployment benefits, job vacancy data, and any additional relevant
information brought to the board's attention;

(2) the board accounts for all allocations made in section 116L.17, subdivision 2;

(3) based on the past expenditures and projected revenue, the board estimates future
funding needs for services under section 116L.17 for the remainder of the current fiscal
year and the next fiscal year;

(4) the board determines there will be unspent funds after meeting the needs of
dislocated workers in the current fiscal year and there will be sufficient revenue to meet
the needs of dislocated workers in the next fiscal year; and

(5) the board reports its findings in clauses (1) to (4) to the chairs of legislative
committees with jurisdiction over the workforce development fund, to the commissioners
of revenue and management and budget, and to the public.

Sec. 6.

Minnesota Statutes 2012, section 116L.20, subdivision 2, is amended to read:


Subd. 2.

Disbursement of special assessment funds.

(a) The money collected
under this section shall be deposited in the state treasury and credited to the workforce
development fund to provide for employment and training programs. The workforce
development fund is created as a special account in the state treasury.

(b) All money in the fund not otherwise appropriated or transferred is appropriated
to the Job Skills Partnership Board for the purposes of section 116L.17 and as provided for
in paragraph (d). The board must act as the fiscal agent for the money and must disburse
that money for the purposes of section 116L.17, not allowing the money to be used for
any other obligation of the state. All money in the workforce development fund shall be
deposited, administered, and disbursed in the same manner and under the same conditions
and requirements as are provided by law for the other special accounts in the state treasury,
except that all interest or net income resulting from the investment or deposit of money in
the fund shall accrue to the fund for the purposes of the fund.

(c) Reimbursement for costs related to collection of the special assessment shall be
in an amount negotiated between the commissioner and the United States Department
of Labor.

(d) If the board determines that the conditions of section 116L.05, subdivision 5,
have been met, the board may use funds for the purposes outlined in deleted text beginsectionsdeleted text endnew text begin section
new text end 116L.04 deleted text beginand 116L.10 to 116L.14,deleted text end or to provide incumbent worker training services under
section 116L.18.

Sec. 7.

Minnesota Statutes 2012, section 256J.49, subdivision 4, is amended to read:


Subd. 4.

Employment and training service provider.

"Employment and training
service provider" means:

(1) a public, private, or nonprofit agency with which a county has contracted to
provide employment and training services and which is included in the county's service
agreement submitted under section 256J.626, subdivision 4;

(2) a county agency, if the county has opted to provide employment and training
services and the county has indicated that fact in the service agreement submitted under
section 256J.626, subdivision 4; or

(3) a local public health department under section 145A.17, subdivision 4a, that a
county has designated to provide employment and training services and is included in the
county's service agreement submitted under section 256J.626, subdivision 4.

deleted text begin Notwithstanding section 116L.871,deleted text end An employment and training services provider
meeting this definition may deliver employment and training services under this chapter.

Sec. 8.

Minnesota Statutes 2012, section 256J.51, subdivision 2, is amended to read:


Subd. 2.

Appeal; alternate approval.

deleted text begin(a)deleted text end An employment and training service
provider that is not included by a county agency in the service agreement under section
256J.626, subdivision 4, and that meets the criteria in paragraph (b), may appeal
its exclusion to the commissioner of employment and economic development, and
may request alternative approval by the commissioner of employment and economic
development to provide services in the county.

deleted text begin (b) An employment and training services provider that is requesting alternative
approval must demonstrate to the commissioner that the provider meets the standards
specified in section 116L.871, subdivision 1, paragraph (b), except that the provider's
past experience may be in services and programs similar to those specified in section
116L.871, subdivision 1, paragraph (b).
deleted text end

Sec. 9. new text beginREPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Reference to Minnesota Statutes, section 116J.70, subdivision 2a.
new text end

new text begin Minnesota Statutes 2012, section 116J.74, subdivision 7a, new text end new text begin is repealed.
new text end

new text begin Subd. 2. new text end

new text begin Reference to Minnesota Statutes, section 116L.363. new text end

new text begin Minnesota Statutes
2012, section 116L.361, subdivision 2,
new text end new text begin is repealed.
new text end