Minnesota Legislature
HF 748
as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 economic development, housing, and certain agencies of 1.4 state government; modifying programs; regulating 1.5 activities and practices; modifying penalty 1.6 provisions; changing terms; authorizing a registration 1.7 fee; modifying occupational safety and health 1.8 standards and provisions; modifying displaced 1.9 homemaker provisions; regulating certain insurance 1.10 filings; providing for certain filing fees; amending 1.11 Minnesota Statutes 2002, sections 60A.14, subdivision 1.12 1; 61A.02, subdivision 2; 61A.09, subdivision 1; 1.13 61A.17; 62A.02, subdivision 1, 2; 62A.11, subdivision 1.14 3; 70A.06, subdivision 1; 79.56, subdivisions 1, 3; 1.15 124D.68, subdivision 2; 175.16, subdivision 1; 177.26, 1.16 subdivisions 1, 2; 178.01; 178.03, subdivisions 1, 2; 1.17 181.9435, subdivision 1; 181.9436; 182.65, subdivision 1.18 2; 182.651, subdivisions 7, 8, 9, 13, 14; 182.652, 1.19 subdivision 1; 182.653, subdivision 3; 182.654, 1.20 subdivisions 2, 4, 5, 6, 11; 182.655, subdivisions 1, 1.21 2, 3, 5, 6, 7, 8, 9, 11, 13; 182.6555; 182.6575; 1.22 182.658; 182.659, subdivisions 1, 4, 6, 8; 182.66, 1.23 subdivision 1; 182.663, subdivision 5; 182.665; 1.24 182.666, subdivisions 1, 2; 182.667, subdivision 2; 1.25 182.668, subdivisions 2, 3; 182.6731; 239.011, by 1.26 adding a subdivision; 256D.05, subdivision 1; 256J.49, 1.27 subdivision 13; 268.0111, subdivision 4; 268.665, 1.28 subdivision 2; 325D.32, subdivision 10; 325D.33, 1.29 subdivision 8; 354D.02, subdivision 2; proposing 1.30 coding for new law in Minnesota Statutes, chapters 1.31 60A; 178; repealing Minnesota Statutes 2002, sections 1.32 138.91; 177.26, subdivision 3; 178.11; 182.651, 1.33 subdivisions 11, 15, 16, 17, 18, 19, 20; 182.6521; 1.34 182.653, subdivisions 4a, 4b, 4c, 4d, 4e, 4f, 4g, 5, 1.35 6, 7, 8, 9, 10; 182.654, subdivisions 3, 7, 10; 1.36 182.655, subdivisions 4, 10, 10a, 12, 14; 182.663, 1.37 subdivision 3; 182.668, subdivisions 1, 5; 182.672; 1.38 182.676; 268.96; 325D.33, subdivisions 2a, 6; 325D.37, 1.39 subdivision 3; 325D.371; 325D.405; 325D.415; 325D.43; 1.40 Minnesota Rules, parts 5205.0020; 5205.0030; 1.41 5205.0040; 5205.0050; 5205.0060; 5205.0065; 5205.0080; 1.42 5205.0100; 5205.0105; 5205.0110, subparts 1, 2a, 3, 4; 1.43 5205.0115; 5205.0116; 5205.0120; 5205.0130; 5205.0140; 1.44 5205.0150; 5205.0200; 5205.0330; 5205.0550; 5205.0560; 1.45 5205.0570; 5205.0580; 5205.0650; 5205.0660; 5205.0665; 1.46 5205.0670; 5205.0675; 5205.0685; 5205.0686; 5205.0690; 2.1 5205.0700; 5205.0710; 5205.0750; 5205.0755; 5205.0760; 2.2 5205.0765; 5205.0770; 5205.0850; 5205.0860; 5205.0865; 2.3 5205.0870; 5205.0880; 5205.0890; 5205.1200; 5205.1210; 2.4 5205.1220; 5205.1230; 5205.1400; 5206.0100, subparts 2.5 1, 1a, 1b, 1c, 2, 2a, 3, 3a, 4, 5, 6, 7, 7a, 8, 9, 10, 2.6 11, 11a, 11b, 12, 13, 14, 14a, 14b, 14c, 16, 16a, 17, 2.7 19; 5206.0200; 5206.0300, subparts 1, 2, 3, 6, 7; 2.8 5206.0400; 5206.0500; 5206.0600; 5206.0700; 5206.0800; 2.9 5206.1000; 5206.1100; 5206.1200; 5206.1300; 5206.1400; 2.10 5206.1500; 5206.1600; 5206.1700; 5206.1800; 5206.1900; 2.11 5206.2000; 5207.0005; 5207.0010; 5207.0020; 5207.0030; 2.12 5207.0035; 5207.0040; 5207.0050; 5207.0060; 5207.0100; 2.13 5207.0200; 5207.0210; 5207.0250; 5207.0300, subpart 1; 2.14 5207.0301; 5207.0302; 5207.0303; 5207.0304; 5207.0310; 2.15 5207.0320; 5207.0400; 5207.0410; 5207.0500; 5207.0510; 2.16 5207.0520; 5207.0530; 5207.0540; 5207.0600; 5207.0610; 2.17 5207.0620; 5207.0630; 5207.0700; 5207.0710; 5207.0720; 2.18 5207.0730; 5207.0740; 5207.0800; 5207.0810; 5207.0850; 2.19 5207.0900; 5207.0910; 5207.1000. 2.20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.21 ARTICLE 1 2.22 APPROPRIATIONS 2.23 ECONOMIC DEVELOPMENT 2.24 Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 2.25 The sums shown in the columns marked "APPROPRIATIONS" are 2.26 appropriated from the general fund, or another named fund, to 2.27 the agencies and for the purposes specified in this act, to be 2.28 available for the fiscal years indicated for each purpose. The 2.29 figures "2004" and "2005," where used in this act, mean that the 2.30 appropriation or appropriations listed under them are available 2.31 for the year ending June 30, 2004, or June 30, 2005, 2.32 respectively. The term "first year" means the fiscal year 2.33 ending June 30, 2004, and the term "second year" means the 2.34 fiscal year ending June 30, 2005. 2.35 SUMMARY BY FUND 2.36 2004 2005 TOTAL 2.37 General $ 157,859,000 $ 156,538,000 $ 314,397,000 2.38 Petroleum Tank 2.39 Cleanup 1,084,000 1,084,000 2,168,000 2.40 Environmental 2.41 Fund 700,000 700,000 1,400,000 2.42 Workers' 2.43 Compensation 19,843,000 18,933,000 38,776,000 2.44 Special Revenue 2.45 Fund 7,720,000 7,720,000 15,440,000 2.46 TOTAL $ 187,206,000 $ 184,975,000 $ 372,181,000 2.47 APPROPRIATIONS 3.1 Available for the Year 3.2 Ending June 30 3.3 2004 2005 3.4 Sec. 2. TRADE AND ECONOMIC 3.5 DEVELOPMENT 3.6 Subdivision 1. Total 3.7 Appropriation $ 63,115,000 $ 62,715,000 3.8 Summary by Fund 3.9 General 54,695,000 54,295,000 3.10 Environmental Fund 700,000 700,000 3.11 Special Revenue 3.12 Fund 7,720,000 7,720,000 3.13 The amounts that may be spent from this 3.14 appropriation for each program are 3.15 specified in the following subdivisions. 3.16 Subd. 2. Business and Community 3.17 Development 7,649,000 7,644,000 3.18 Summary by Fund 3.19 General 6,949,000 6,944,000 3.20 Environmental Fund 700,000 700,000 3.21 $3,867,000 the first year and 3.22 $3,867,000 the second year are for 3.23 Minnesota investment fund grants. 3.24 Subd. 3. Minnesota Trade 3.25 Office 2,187,000 2,187,000 3.26 Subd. 4. Workforce Development 8,035,000 8,035,000 3.27 $8,035,000 the first year and 3.28 $8,035,000 the second year are for the 3.29 job skills partnership program. If the 3.30 appropriation for either year is 3.31 insufficient, the appropriation for the 3.32 other year is available. This 3.33 appropriation does not cancel. 3.34 Subd. 5. Office of Tourism 8,391,000 8,384,000 3.35 To develop maximum private sector 3.36 involvement in tourism, $3,500,000 the 3.37 first year and $3,500,000 the second 3.38 year of the amounts appropriated for 3.39 marketing activities are contingent on 3.40 receipt of an equal contribution from 3.41 nonstate sources that have been 3.42 certified by the commissioner. Up to 3.43 one-half of the match may be given in 3.44 in-kind contributions. 3.45 In order to maximize marketing grant 3.46 benefits, the commissioner must give 3.47 priority for joint venture marketing 3.48 grants to organizations with year-round 3.49 sustained tourism activities. For 3.50 programs and projects submitted, the 3.51 commissioner must give priority to 3.52 those that encompass two or more areas 3.53 or that attract nonresident travelers 4.1 to the state. 4.2 If an appropriation for either year for 4.3 grants is not sufficient, the 4.4 appropriation for the other year is 4.5 available for it. 4.6 The commissioner may use grant dollars 4.7 or the value of in-kind services to 4.8 provide the state contribution for the 4.9 partnership program. 4.10 Any unexpended money from general fund 4.11 appropriations made under this 4.12 subdivision does not cancel but must be 4.13 placed in a special advertising account 4.14 for use by the office of tourism to 4.15 purchase additional media. 4.16 Subd. 6. Administration 5,229,000 4,841,000 4.17 Subd. 7. Workforce Services 7,472,000 7,472,000 4.18 Summary by Fund 4.19 General 6,697,000 6,697,000 4.20 Special Revenue 775,000 775,000 4.21 Subd. 8. Rehabilitation Services 20,333,000 20,333,000 4.22 Summary by Fund 4.23 General 13,388,000 13,388,000 4.24 Special Revenue 6,945,000 6,945,000 4.25 Subd. 9. State Services for 4.26 the Blind 3,819,000 3,819,000 4.27 Sec. 3. HOUSING FINANCE AGENCY 4.28 Subdivision 1. Total 4.29 Appropriation 34,735,000 34,735,000 4.30 The amounts that may be spent from this 4.31 appropriation for certain programs are 4.32 specified in the following 4.33 subdivisions. This appropriation is 4.34 for transfer to the housing development 4.35 fund for the programs specified. 4.36 Except as otherwise indicated, this 4.37 transfer is part of the agency's 4.38 permanent budget base. 4.39 Subd. 2. Affordable Rental Investment 4.40 Fund 4.41 $9,273,000 the first year and 4.42 $9,273,000 the second year are for the 4.43 affordable rental investment fund 4.44 program under Minnesota Statutes, 4.45 section 462A.21, subdivision 8b. These 4.46 amounts are to finance the acquisition, 4.47 rehabilitation, and debt restructuring 4.48 of federally assisted rental property 4.49 and for making equity take-out loans 4.50 under Minnesota Statutes, section 4.51 462A.05, subdivision 39. The owner of 4.52 the federally assisted rental property 4.53 must agree to participate in the 5.1 applicable federally assisted housing 5.2 program and to extend any existing 5.3 low-income affordability restrictions 5.4 on the housing for the maximum term 5.5 permitted. The owner must also enter 5.6 into an agreement that gives local 5.7 units of government, housing and 5.8 redevelopment authorities, and 5.9 nonprofit housing organizations the 5.10 right of first refusal if the rental 5.11 property is offered for sale. Priority 5.12 must be given among comparable 5.13 properties to properties with the 5.14 longest remaining term under an 5.15 agreement for federal rental 5.16 assistance. Priority must also be 5.17 given among comparable rental housing 5.18 developments to developments that are 5.19 or will be owned by local government 5.20 units, a housing and redevelopment 5.21 authority, or a nonprofit housing 5.22 organization. 5.23 Sec. 4. COMMERCE 5.24 Subdivision 1. Total 5.25 Appropriation 26,076,000 25,349,000 5.26 Summary by Fund 5.27 General 24,157,000 23,430,000 5.28 Petroleum 5.29 Cleanup 1,084,000 1,084,000 5.30 Workers' 5.31 Compensation 835,000 835,000 5.32 The amounts that may be spent from this 5.33 appropriation for each program are 5.34 specified in the following subdivisions. 5.35 Subd. 2. Financial 5.36 Examinations 5,997,000 5,994,000 5.37 Subd. 3. Petroleum Tank Release 5.38 Cleanup Board 1,084,000 1,084,000 5.39 This appropriation is from the 5.40 petroleum tank release cleanup fund. 5.41 Subd. 4. Administrative Services 5,518,000 5,518,000 5.42 Subd. 5. Market Assurance 6,622,000 5,897,000 5.43 Summary by Fund 5.44 General 5,787,000 5,062,000 5.45 Workers' Compensation 835,000 835,000 5.46 Subd. 6. Energy and 5.47 Telecommunications 4,349,000 4,349,000 5.48 Subd. 7. Weights and 5.49 Measurement 2,506,000 2,507,000 5.50 Sec. 5. BOARD OF ACCOUNTANCY 577,000 577,000 5.51 Sec. 6. BOARD OF ARCHITECTURE, 5.52 ENGINEERING, LAND SURVEYING, 6.1 LANDSCAPE ARCHITECTURE, 6.2 GEOSCIENCE, AND INTERIOR 6.3 DESIGN 785,000 785,000 6.4 Sec. 7. BOARD OF BARBER 6.5 EXAMINERS 127,000 127,000 6.6 Sec. 8. LABOR AND INDUSTRY 6.7 Subdivision 1. Total 6.8 Appropriation 19,950,000 18,974,000 6.9 Summary by Fund 6.10 General 2,560,000 2,494,000 6.11 Workers' 6.12 Compensation 17,390,000 16,480,000 6.13 The amounts that may be spent from this 6.14 appropriation for each program are 6.15 specified in the following subdivisions. 6.16 Subd. 2. Workers' 6.17 Compensation 10,221,000 10,221,000 6.18 This appropriation is from the workers' 6.19 compensation fund. 6.20 Subd. 3. Workplace Services 4,137,000 3,466,000 6.21 Summary by Fund 6.22 General 2,560,000 2,494,000 6.23 Workers' 6.24 Compensation 1,577,000 972,000 6.25 Subd. 4. General Support 5,592,000 5,287,000 6.26 This appropriation is from the workers' 6.27 compensation fund. 6.28 Sec. 9. BUREAU OF MEDIATION 6.29 SERVICES 6.30 Subdivision 1. Total 6.31 Appropriation 1,825,000 1,825,000 6.32 The amounts that may be spent from this 6.33 appropriation for each program are 6.34 specified in the following subdivisions. 6.35 Subd. 2. Mediation Services 1,673,000 1,673,000 6.36 Subd. 3. Labor Management 6.37 Cooperation Grants 152,000 152,000 6.38 $130,000 each year is for grants to 6.39 area labor-management committees. 6.40 Grants may be awarded for a 12-month 6.41 period beginning July 1 of each year. 6.42 Any unencumbered balance remaining at 6.43 the end of the first year does not 6.44 cancel but is available for the second 6.45 year. 6.46 Sec. 10. WORKERS' COMPENSATION 6.47 COURT OF APPEALS 1,618,000 1,618,000 6.48 This appropriation is from the workers' 7.1 compensation fund. 7.2 Sec. 11. PUBLIC UTILITIES 7.3 COMMISSION 4,163,000 4,163,000 7.4 Sec. 12. MINNESOTA HISTORICAL 7.5 SOCIETY 7.6 Subdivision 1. Total 7.7 Appropriation 22,860,000 22,732,000 7.8 The amounts that may be spent from this 7.9 appropriation for each program are 7.10 specified in the following subdivisions. 7.11 Subd. 2. Education and 7.12 Outreach 12,585,000 12,585,000 7.13 Subd. 3. Preservation and 7.14 Access 9,927,000 9,927,000 7.15 Subd. 4. Fiscal Agent 348,000 220,000 7.16 (a) Minnesota International Center 7.17 43,000 43,000 7.18 (b) Minnesota Air National 7.19 Guard Museum 7.20 16,000 -0- 7.21 (c) Institute for Learning and 7.22 Teaching - Project 120 7.23 94,000 93,000 7.24 (d) Minnesota Military Museum 7.25 67,000 -0- 7.26 (e) Farmamerica 7.27 128,000 85,000 7.28 Notwithstanding any other law, this 7.29 appropriation may be used for 7.30 operations. 7.31 (f) Balances Forward 7.32 Any unencumbered balance remaining in 7.33 this subdivision the first year does 7.34 not cancel but is available for the 7.35 second year of the biennium. 7.36 Subd. 5. Fund Transfer 7.37 The society may reallocate funds 7.38 appropriated in and between 7.39 subdivisions 2 and 3 for any program 7.40 purposes. 7.41 Sec. 13. COUNCIL ON BLACK 7.42 MINNESOTANS 282,000 282,000 7.43 Sec. 14. COUNCIL ON 7.44 CHICANO-LATINO AFFAIRS 275,000 275,000 7.45 Sec. 15. COUNCIL ON 7.46 ASIAN-PACIFIC MINNESOTANS 243,000 243,000 8.1 Sec. 16. INDIAN AFFAIRS 8.2 COUNCIL 482,000 482,000 8.3 Sec. 17. BOARD OF THE 8.4 ARTS 8.5 Subdivision 1. Total 8.6 Appropriation $ 10,093,000 $ 10,093,000 8.7 Subd. 2. Operations and Services 621,000 621,000 8.8 Subd. 3. Grants Programs 6,684,000 6,684,000 8.9 Subd. 4. Regional Arts 8.10 Councils 2,788,000 2,788,000 8.11 ARTICLE 2 8.12 DEPARTMENT OF COMMERCE 8.13 POLICY PROVISIONS 8.14 Section 1. Minnesota Statutes 2002, section 60A.14, 8.15 subdivision 1, is amended to read: 8.16 Subdivision 1. [FEES OTHER THAN EXAMINATION FEES.] In 8.17 addition to the fees and charges provided for examinations, the 8.18 following fees must be paid to the commissioner for deposit in 8.19 the general fund: 8.20 (a) by township mutual fire insurance companies; 8.21 (1) for filing certificate of incorporation $25 and 8.22 amendments thereto, $10; 8.23 (2) for filing annual statements, $15; 8.24 (3) for each annual certificate of authority, $15; 8.25 (4) for filing bylaws $25 and amendments thereto, $10; 8.26 (b) by other domestic and foreign companies including 8.27 fraternals and reciprocal exchanges; 8.28 (1) for filing certified copy of certificate of articles of 8.29 incorporation, $100; 8.30 (2) for filing annual statement, $225; 8.31 (3) for filing certified copy of amendment to certificate 8.32 or articles of incorporation, $100; 8.33 (4) for filing bylaws, $75 or amendments thereto, $75; 8.34 (5) for each company's certificate of authority, $575, 8.35 annually; 8.36 (c) the following general fees apply: 8.37 (1) for each certificate, including certified copy of 9.1 certificate of authority, renewal, valuation of life policies, 9.2 corporate condition or qualification, $25; 9.3 (2) for each copy of paper on file in the commissioner's 9.4 office 50 cents per page, and $2.50 for certifying the same; 9.5 (3) for license to procure insurance in unadmitted foreign 9.6 companies, $575; 9.7 (4) for valuing the policies of life insurance companies, 9.8 one cent per $1,000 of insurance so valued, provided that the 9.9 fee shall not exceed $13,000 per year for any company. The 9.10 commissioner may, in lieu of a valuation of the policies of any 9.11 foreign life insurance company admitted, or applying for 9.12 admission, to do business in this state, accept a certificate of 9.13 valuation from the company's own actuary or from the 9.14 commissioner of insurance of the state or territory in which the 9.15 company is domiciled; 9.16 (5) for receiving and filing certificates of policies by 9.17 the company's actuary, or by the commissioner of insurance of 9.18 any other state or territory, $50; 9.19 (6) for each appointment of an agent filed with the 9.20 commissioner, $10; 9.21 (7) for filing formsand, rates, and compliance 9.22 certifications under section 60A.315, $75 per filing, which may 9.23 be paid on a quarterly basis in response to an invoice. Billing 9.24 and payment may be made electronically; 9.25 (8) for annual renewal of surplus lines insurer license, 9.26 $300; 9.27 (9) $250 filing fee for a large risk alternative rating 9.28 option plan that meets the $250,000 threshold requirement. 9.29 The commissioner shall adopt rules to define filings that 9.30 are subject to a fee. 9.31 Sec. 2. [60A.315] [EXPEDITED FORM AND RATE FILING.] 9.32 Subdivision 1. [AUTHORITY.] An insurer otherwise required 9.33 to file rates and forms under sections 61A.02, 61A.09, 61A.17, 9.34 62A.02, 62A.11, 70A.06 or other law shall use the expedited 9.35 filing procedure under this section. 9.36 Subd. 2. [COMPLIANCE CERTIFICATIONS.] An insurer shall 10.1 file with the department of commerce on a prescribed form, a 10.2 description of the policy, amendment, or endorsement and a 10.3 written certification signed by an officer of the insurer that 10.4 the forms, policies, amendments, endorsements, and rates comply 10.5 with all applicable Minnesota statutes and rules. If the filing 10.6 will impact rates, the description must identify the rate or 10.7 rates and rating rules for the product. Forms and rates filed 10.8 under this procedure are effective upon submission to and 10.9 receipt by the department. 10.10 Subd. 3. [FEES.] In order to be effective, the filing must 10.11 be accompanied by payment of the filing fee applicable to the 10.12 policy, amendment, endorsement, or rate unless the fee is 10.13 remitted in accordance with an alternative procedure allowed 10.14 pursuant to Minnesota Statutes, section 60A.14. 10.15 Subd. 4. [RECORD KEEPING.] The insurer shall retain the 10.16 policy, amendment, or endorsement for at least one year after 10.17 the insurer had ceased using the form and shall provide to the 10.18 department of commerce upon request a copy of any form in use 10.19 pursuant to these filing procedures. 10.20 Subd. 5. [ALLOWABLE RATE CHANGES.] Any subsequent rate 10.21 increases or decreases of up to seven percent above or below the 10.22 insurer's current filed rate may take effect upon the 10.23 department's receipt of the insurer's submission of the rate 10.24 change, and the applicable fee. Rate increases implemented 10.25 pursuant to this subdivision may not exceed seven percent in a 10.26 12-month period. Changes in rating rules or classifications are 10.27 effective upon submission to and receipt by the department 10.28 provided that the insurer, through an officer of the insurer, 10.29 certifies in writing that the changes comply with all applicable 10.30 Minnesota statutes and rules, and upon payment of the applicable 10.31 filing fee. 10.32 Subd. 6. [INELIGIBLE RATE CHANGES.] Any rate increases or 10.33 decreases that exceed the seven percent limit established by 10.34 subdivision 5 may be used upon submission to and receipt by the 10.35 department and payment of the applicable filing fee. However, 10.36 when filing rates that exceed the seven percent limit, insurers 11.1 shall include with the filing all necessary supporting material 11.2 for the rate or rates. 11.3 Subd. 7. [REVIEW.] The commissioner of commerce shall have 11.4 the right to review any rate used or filed for use in Minnesota 11.5 to determine whether it is excessive, inadequate, or unfairly 11.6 discriminatory. 11.7 Subd. 8. [APPLICATION.] This section does not apply to 11.8 workers compensation insurance, long-term care insurance 11.9 regulated under sections 62A.46 to 62A.56, and chapter 62S, 11.10 medicare-related coverage, as defined in section 62A.31, 11.11 subdivision 3, paragraph (q), or rate service organizations. 11.12 Sec. 3. Minnesota Statutes 2002, section 61A.02, 11.13 subdivision 2, is amended to read: 11.14 Subd. 2. [APPROVAL REQUIRED.] Except as otherwise provided 11.15 in section 60A.315, no policy or certificate of life insurance 11.16 or annuity contract, issued to an individual, group, or multiple 11.17 employer trust, nor any rider of any kind or description which 11.18 is made a part thereof shall be issued or delivered in this 11.19 state, or be issued by a life insurance company organized under 11.20 the laws of this state, until the form of the same has been 11.21 approved by the commissioner. In making a determination under 11.22 this section, the commissioner may require the insurer to 11.23 provide rates and advertising materials related to policies or 11.24 contracts, certificates, or similar evidence of coverage issued 11.25 or delivered in this state. 11.26 Subdivisions 1 to 5 apply to a policy, certificate of 11.27 insurance, or similar evidence of coverage issued to a Minnesota 11.28 resident or issued to provide coverage to a Minnesota resident. 11.29 Subdivisions 1 to 5 do not apply to a certificate of insurance 11.30 or similar evidence of coverage that meets the conditions of 11.31 section 61A.093, subdivision 2. 11.32 Sec. 4. Minnesota Statutes 2002, section 61A.09, 11.33 subdivision 1, is amended to read: 11.34 Subdivision 1. [FILING REQUIREMENT.] Except as otherwise 11.35 provided in section 60A.315, no group life insurance policy or 11.36 group annuity shall be issued for delivery in this state until 12.1 the form thereof and the form of any certificates issued 12.2 thereunder have been filed in accordance with and subject to the 12.3 provisions of section 61A.02. Each person insured under such a 12.4 group life insurance policy (excepting policies which insure the 12.5 lives of debtors of a creditor or vendor to secure payment of 12.6 indebtedness) shall be furnished a certificate of insurance 12.7 issued by the insurer and containing the following: 12.8 (a) name and location of the insurance company; 12.9 (b) a statement as to the insurance protection to which the 12.10 certificate holder is entitled, including any changes in such 12.11 protection depending on the age of the person whose life is 12.12 insured; 12.13 (c) any and all provisions regarding the termination or 12.14 reduction of the certificate holder's insurance protection; 12.15 (d) a statement that the master group policy may be 12.16 examined at a reasonably accessible place; 12.17 (e) the maximum rate of contribution to be paid by the 12.18 certificate holder; 12.19 (f) beneficiary and method required to change such 12.20 beneficiary; 12.21 (g) a statement that alternative methods for the payment of 12.22 group life policy proceeds of $15,000 or more must be offered to 12.23 beneficiaries in lieu of a lump sum distribution, at their 12.24 request. Alternative payment methods which must be offered at 12.25 the request of the beneficiaries must include, but are not 12.26 limited to, a life income option, an income option for fixed 12.27 amounts or fixed time periods, and the option to select an 12.28 interest-bearing account with the company with the right to 12.29 select another option at a later date; 12.30 (h) in the case of a group term insurance policy if the 12.31 policy provides that insurance of the certificate holder will 12.32 terminate, in case of a policy issued to an employer, by reason 12.33 of termination of the certificate holder's employment, or in 12.34 case of a policy issued to an organization of which the 12.35 certificate holder is a member, by reason of termination of 12.36 membership, a provision to the effect that in case of 13.1 termination of employment or membership, or in case of 13.2 termination of the group policy, the certificate holder shall be 13.3 entitled to have issued by the insurer, without evidence of 13.4 insurability, upon application made to the insurer within 31 13.5 days after the termination, and upon payment of the premium 13.6 applicable to the class of risk to which that person belongs and 13.7 to the form and amount of the policy at that person's then 13.8 attained age, a policy of life insurance only, in any one of the 13.9 forms customarily issued by the insurer except term insurance, 13.10 in an amount equal to the amount of the life insurance 13.11 protection under such group insurance policy at the time of such 13.12 termination; and shall contain a further provision to the effect 13.13 that upon the death of the certificate holder during such 31-day 13.14 period and before any such individual policy has become 13.15 effective, the amount of insurance for which the certificate 13.16 holder was entitled to make application shall be payable as a 13.17 death benefit by the insurer. 13.18 This section applies to a policy, certificate of insurance, 13.19 or similar evidence of coverage issued to a Minnesota resident 13.20 or issued to provide coverage to a Minnesota resident. This 13.21 section does not apply to a certificate of insurance or similar 13.22 evidence of coverage that meets the conditions of section 13.23 61A.093, subdivision 2. 13.24 Sec. 5. Minnesota Statutes 2002, section 61A.17, is 13.25 amended to read: 13.26 61A.17 [FILING OF CONTRACTS.] 13.27 Except as otherwise provided in section 60A.315, no 13.28 contract on a variable basis shall be issued in this state until 13.29 a copy of the form thereof (and, in the case of a group 13.30 contract, the form of any certificate evidencing variable 13.31 benefits issued pursuant thereto) and any form of application 13.32 for such contract shall have been filed with the commissioner. 13.33 No life insurance contract on a variable basis shall be filed 13.34 for issuance in Minnesota or issued in Minnesota before the 13.35 commissioner has promulgated rules under section 61A.20 13.36 regarding life insurance contracts on a variable basis. 14.1 Sec. 6. Minnesota Statutes 2002, section 62A.02, 14.2 subdivision 1, is amended to read: 14.3 Subdivision 1. [FILING.] For purposes of this section, 14.4 "health plan" means a health plan as defined in section 62A.011 14.5 or a policy of accident and sickness insurance as defined in 14.6 section 62A.01. Except as otherwise provided in section 14.7 60A.315, no health plan shall be issued or delivered to any 14.8 person in this state, nor shall any application, rider, or 14.9 endorsement be used in connection with the health plan, until a 14.10 copy of its form and of the classification of risks and the 14.11 premium rates pertaining to the form have been filed with the 14.12 commissioner. The filing for nongroup health plan forms shall 14.13 include a statement of actuarial reasons and data to support the 14.14 rate. For health benefit plans as defined in section 62L.02, 14.15 and for health plans to be issued to individuals, the health 14.16 carrier shall file with the commissioner the information 14.17 required in section 62L.08, subdivision 8. For group health 14.18 plans for which approval is sought for sales only outside of the 14.19 small employer market as defined in section 62L.02, this section 14.20 applies only to policies or contracts of accident and sickness 14.21 insurance. All forms intended for issuance in the individual or 14.22 small employer market must be accompanied by a statement as to 14.23 the expected loss ratio for the form. Premium rates and forms 14.24 relating to specific insureds or proposed insureds, whether 14.25 individuals or groups, need not be filed, unless requested by 14.26 the commissioner. 14.27 Sec. 7. Minnesota Statutes 2002, section 62A.02, 14.28 subdivision 2, is amended to read: 14.29 Subd. 2. [APPROVAL.] (a) Except as otherwise provided in 14.30 section 60A.315, the health plan form shall not be issued, nor 14.31 shall any application, rider, endorsement, or rate be used in 14.32 connection with it, until the expiration of 60 days after it has 14.33 been filed unless the commissioner approves it before that time. 14.34 (b) Notwithstanding paragraph (a), a rate filed with 14.35 respect to a policy of accident and sickness insurance as 14.36 defined in section 62A.01 by an insurer licensed under chapter 15.1 60A, may be used on or after the date of filing with the 15.2 commissioner. Rates that are not approved or disapproved within 15.3 the 60-day time period are deemed approved. This paragraph does 15.4 not apply to Medicare-related coverage as defined in section 15.5 62A.31, subdivision 3, paragraph (q). 15.6 Sec. 8. Minnesota Statutes 2002, section 62A.11, 15.7 subdivision 3, is amended to read: 15.8 Subd. 3. [POLICY FORMS.] Except as otherwise provided in 15.9 section 60A.315, no policy of blanket accident and sickness 15.10 insurance may be issued or delivered in this state unless a copy 15.11 of the form thereof has been approved by the commissioner and it 15.12 contains in substance such of the provisions required for 15.13 individual policies as may be applicable to blanket accident and 15.14 sickness insurance and the following provisions: 15.15 (1) A provision that the policy and the application of the 15.16 policyholder shall constitute the entire contract between the 15.17 parties, and that, in the absence of fraud, all statements made 15.18 by the policyholder shall be deemed representations and not 15.19 warranties, and that no statement made for the purpose of 15.20 affecting insurance shall avoid such insurance or reduce 15.21 benefits unless contained in a written instrument signed by the 15.22 policyholder, a copy of which has been furnished to such 15.23 policyholder. 15.24 (2) A provision that to the group or class originally 15.25 insured shall be added from time to time all new persons 15.26 eligible for coverage. 15.27 Sec. 9. Minnesota Statutes 2002, section 70A.06, 15.28 subdivision 1, is amended to read: 15.29 Subdivision 1. Everylicensed insurer and everyrate 15.30 service organization licensed under section 70A.14, and every 15.31 licensed insurer except as otherwise provided in section 15.32 60A.315, shall file with the commissioner all rates and all 15.33 changes and amendments of rates made by it for use in this state 15.34 not later than their effective date. No rates contained in a 15.35 filing shall become effective unless they have been filed with 15.36 the commissioner. In any filing, the commissioner may require 16.1 the insurer or rate service organization to file supporting data 16.2 and explanatory data which shall include: 16.3 (1) the experience and judgment of the filer, and, to the 16.4 extent it wishes or the commissioner requires, of other insurers 16.5 or rate service organizations; 16.6 (2) its interpretation of any statistical data relied upon; 16.7 (3) descriptions of the actuarial and statistical methods 16.8 employed; and 16.9 (4) any other matters deemed relevant by the commissioner 16.10 or the filer. 16.11 Notwithstanding the foregoing, if the supporting data is 16.12 not filed within 30 days after so requested by the commissioner, 16.13 the rate is no longer effective and is presumed to be an 16.14 excessive rate. 16.15 Sec. 10. Minnesota Statutes 2002, section 79.56, 16.16 subdivision 1, is amended to read: 16.17 Subdivision 1. [PREFILING OF RATES.] (a) Each insurer 16.18 shall file with the commissioner a complete copy of its rates 16.19 and rating plan, and all changes and amendments thereto, and 16.20 such supporting data and information that the commissioner may 16.21 by rule require, at least 60 days prior to its effective date. 16.22 The commissioner shall advise an insurer within 30 days of the 16.23 filing if its submission is not accompanied with such supporting 16.24 data and information that the commissioner by rule may require. 16.25 The commissioner may extend the filing review period and 16.26 effective date for an additional 30 days if an insurer, after 16.27 having been advised of what supporting data and information is 16.28 necessary to complete its filing, does not provide such 16.29 information within 15 days of having been so notified. If any 16.30 rate or rating plan filing or amendment thereto is not 16.31 disapproved by the commissioner within the filing review period, 16.32 the insurer may implement it. For the period August 1, 1995, to 16.33 December 31, 1995, the filing shall be made at least 90 days 16.34 prior to the effective date and the department shall advise an 16.35 insurer within 60 days of such filing if the filing is 16.36 insufficient under this section. 17.1 (b) Notwithstanding paragraph (a), a rating plan or rates 17.2 are not subject to disapproval, where the insurer certifies that 17.3 it will use the rating plan or rates only to write a specific 17.4 employer that generates $250,000 in annual written workers' 17.5 compensation premiums before the application of any large 17.6 deductible rating plan. The $250,000 threshold includes 17.7 premiums generated in any state. A filing made under this 17.8 paragraph shall be designated by the insurer as a large risk 17.9 alternative rating option (LRARO) filing. The designation and 17.10 certification shall be submitted in substantially the following 17.11 form: 17.12 LARGE RISK ALTERNATIVE RATING OPTION FILING 17.13 PURSUANT TO MINNESOTA STATUTES, 17.14 SECTION 79.56, SUBDIVISION 1, (b) 17.15 Name and address of insurer:................................. 17.16 Name and address of insured employer:........................ 17.17 Effective date of filing:.................................... 17.18 I certify that the employer named above generates $250,000 or 17.19 more in annual written workers' compensation premiums before the 17.20 application of any large deductible rating plan. This 17.21 certification authorizes the use of this rate or rating plan 17.22 only for the named employer. 17.23 Name of responsible officer:................................. 17.24 Title:....................................................... 17.25 Signature:................................................... 17.26 Sec. 11. Minnesota Statutes 2002, section 79.56, 17.27 subdivision 3, is amended to read: 17.28 Subd. 3. [PENALTIES.](a)Any insurer using a rate or a 17.29 rating plan which has not been filed shall be subject to a fine 17.30 of up to $100 for each day the failure to file continues. The 17.31 commissioner may, after a hearing on the record, find that the 17.32 failure is willful. A willful failure to meet filing 17.33 requirements shall be punishable by a fine of up to $500 for 17.34 each day during which a willful failure continues. These 17.35 penalties shall be in addition to any other penalties provided 17.36 by law. 18.1(b) Notwithstanding this subdivision, an employer that18.2generates $250,000 in annual written workers' compensation18.3premium under the rates and rating plan of an insurer before the18.4application of any large deductible rating plans, may be written18.5by that insurer using rates or rating plans that are not subject18.6to disapproval but which have been filed. For the purposes of18.7this paragraph, written workers' compensation premiums generated18.8from states other than Minnesota are included in calculating the18.9$250,000 threshold for large risk alternative rating option18.10plans.18.11 Sec. 12. Minnesota Statutes 2002, section 239.011, is 18.12 amended by adding a subdivision to read: 18.13 Subd. 3. [CONTRACTING REQUIREMENTS.] (a) For any contract 18.14 issued by the department of commerce for the inspection and 18.15 testing of liquid petroleum measuring equipment by a person or 18.16 company, the contractor must: 18.17 (1) not be engaged in the business of maintaining, 18.18 repairing or adjusting liquid petroleum measuring equipment in 18.19 Minnesota; 18.20 (2) not be engaged in the business of distributing, 18.21 selling, or offering to sell petroleum products in Minnesota; 18.22 (3) demonstrate to the director that the contractor is 18.23 competent to inspect and test equipment; 18.24 (4) own or lease, properly maintain, and use for all 18.25 inspections and tests, the type of test equipment specified by 18.26 the director; 18.27 (5) submit test equipment for calibration by the division 18.28 on a schedule specified by the director, and when ordered by the 18.29 director; 18.30 (6) conduct all inspections and tests according to the 18.31 requirements of Minnesota Statutes, department rules, and 18.32 written procedures issued by the director; 18.33 (7) place a notice in a manner and form specified by the 18.34 director on all equipment that has been found to comply with the 18.35 requirements of Minnesota Statutes and department rules; 18.36 (8) install a security seal on the adjusting mechanism of 19.1 all equipment that has been found to comply with the 19.2 requirements of Minnesota Statutes and department rules; 19.3 (9) place a notice in a manner and form specified by the 19.4 director on all equipment that has failed to comply with the 19.5 requirements of Minnesota Statutes and department rules; 19.6 (10) report the results of all inspections and tests to the 19.7 director in a manner and form prescribed by the director; and 19.8 (11) carry out all responsibilities included in the 19.9 contract. 19.10 (b) For any contract issued by the department of commerce 19.11 for the inspection and testing of liquefied petroleum gas 19.12 measuring equipment (LPG meters) by a person or company, the 19.13 contractor must: 19.14 (1) inspect and test LPG meters according to the 19.15 requirements of Minnesota Statutes, department rules, and 19.16 written procedures issued by the director; 19.17 (2) demonstrate to the director that the contractor is 19.18 competent to inspect, test, adjust, and repair LPG meters; 19.19 (3) own or lease, properly maintain, and use for all 19.20 inspections and tests, the type of test equipment specified by 19.21 the director; 19.22 (4) submit test equipment for calibration by the division 19.23 on a schedule specified by the director, and when ordered by the 19.24 director; 19.25 (5) place a notice in a manner and form specified by the 19.26 director on all LPG meters that comply with the requirements of 19.27 Minnesota Statutes and department rules; 19.28 (6) install a security seal on the accuracy adjusting 19.29 mechanism and on the temperature compensation adjusting 19.30 mechanism of all LPG meters that have been found to meet the 19.31 requirements of Minnesota Statutes and department rules; 19.32 (7) place a notice in a manner and form specified by the 19.33 director on all LPG meters that have failed to comply with the 19.34 requirements of Minnesota Statutes and department rules; and 19.35 (8) report the results of all tests and inspections to the 19.36 director in a manner and form specified by the director. 20.1 Sec. 13. Minnesota Statutes 2002, section 325D.32, 20.2 subdivision 10, is amended to read: 20.3 Subd. 10. [COST TO WHOLESALER.] (a) "Cost to wholesaler" 20.4 means the basic cost of the cigarettes, prior to deducting 20.5 manufacturer's timely payment and stamping discounts and any 20.6 other discounts or rebates, plus the cost of doing business by 20.7 the wholesaler, as defined in sections 325D.30 to 325D.42. 20.8 (b) In the absence of proof of a lesser or higher cost, the 20.9 cost of doing business by the wholesaler is presumed to be four 20.10 percent of the basic cost of the cigarettes, plus cartage to the 20.11 retail outlet, if furnished or paid for by the wholesaler. Such 20.12 cartage cost is presumed to be one-half of one percent of the 20.13 basic cost of the cigarettes in the absence of proof of a lesser 20.14 or higher cost. A manufacturer's timely payment and stamping 20.15 discounts and any other discounts or rebates shall not be 20.16 deducted in determining the cost of doing business by the 20.17 wholesaler, whether it is determined under the percentage 20.18 formula set forth in this paragraph or proof of actual cost. 20.19 (c) A wholesaler electing to sell cigarettes at a price 20.20 other than that presumed by law mustsubmit to the20.21commissionermaintain documentation substantiating the actual 20.22 cost of the cigarettes before selling at actual cost. For 20.23 purposes of this paragraph "actual cost" means basic cost as 20.24 defined in subdivision 9 plus the wholesaler's cost of doing 20.25 business.The commissioner shall review the documents submitted20.26and, if necessary, request additional documentation to verify20.27the accuracy of the cost computations. If, within 15 days of20.28submission of the documentation, the commissioner has not20.29notified the wholesaler of any deficiencies in the cost20.30computations, the wholesaler may begin selling at actual cost.20.31The cost computations are effective for a period of not more20.32than 12 months beginning 15 days after submission of the20.33documentation. Fifteen days before expiration of the 12-month20.34period, the wholesaler must submit new cost documentation for20.35review by the commissioner to continue selling at less than the20.36price presumed by law. New cost documentation must also be21.1submitted to the commissioner on the last day of a month in21.2which the basic cost of cigarettes increases.21.3 Sec. 14. Minnesota Statutes 2002, section 325D.33, 21.4 subdivision 8, is amended to read: 21.5 Subd. 8. [PENALTIES.] (a) A retailer who sells cigarettes 21.6 for less than a legal retail price may be assessed a penalty in 21.7 the full amount of three times the difference between the actual 21.8 selling price and a legal price under sections 325D.30 to 21.9 325D.42.This penalty may be collected by the commissioner21.10under the authorities given the commissioner of revenue in21.11chapter 270, andThe penalty shall bear interest at the rate 21.12 prescribed by section 270.75, subdivision 5. 21.13 (b) A wholesaler who sells cigarettes for less than a legal 21.14 price may be assessed a penalty in the full amount of three 21.15 times the difference between the actual selling price and the 21.16 legal price under sections 325D.30 to 325D.42.This penalty may21.17be collected by the commissioner under the authorities given the21.18commissioner of revenue in chapter 270, andThe penalty shall 21.19 bear interest at the rate prescribed by section 270.75, 21.20 subdivision 5. 21.21 (c) A retailer who engages in a plan, scheme, or device 21.22 with a wholesaler to purchase cigarettes at a price which the 21.23 retailer knows to be less than a legal price may be assessed a 21.24 penalty in the full amount of three times the difference between 21.25 the actual purchase price and the legal price under sections 21.26 325D.30 to 325D.42. A retailer that coerces or requires a 21.27 wholesaler to sell cigarettes at a price which the retailer 21.28 knows to be less than a legal price may be assessed a penalty in 21.29 the full amount of three times the difference between the actual 21.30 purchase price and the legal price. These penalties may be 21.31 collected by the commissioner under the authorities given the 21.32 commissioner of revenue in chapter 270, and the penalties shall 21.33 bear interest at the rate prescribed by section 270.75, 21.34 subdivision 5. 21.35 For purposes of this subdivision, a retailer is presumed to 21.36 know that a purchase price is less than a legal price ifany of22.1the following have been done:22.2(1) the commissioner has published the legal price in the22.3Minnesota State Register;22.4(2) the commissioner has provided written notice to the22.5retailer of the legal price;22.6(3) the commissioner has provided written notice to the22.7retailer that the retailer is purchasing cigarettes for less22.8than a legal price;22.9(4) the commissioner has issued a written order to the22.10retailer to cease and desist from purchases of cigarettes for22.11less than a legal price; or22.12(5)there is evidence that the retailer has knowledge of, 22.13 or has participated in, efforts to disguise or misrepresent the 22.14 actual purchase price as equal to or more than a legal price, 22.15 when it is actually less than a legal price. 22.16In any proceeding arising under this subdivision, the22.17commissioner shall have the burden of providing by a reasonable22.18preponderance of the evidence that the facts necessary to22.19establish the presumption set forth in this section exist, or22.20that the retailer had knowledge that a purchase price was less22.21than the legal price.22.22(d) The commissioner may not assess penalties against any22.23wholesaler, retailer, or combination of wholesaler and retailer,22.24which are greater than three times the difference between the22.25actual price and the legal price under sections 325D.30 to22.26325D.42.22.27 Sec. 15. Minnesota Statutes 2002, section 354D.02, 22.28 subdivision 2, is amended to read: 22.29 Subd. 2. [ELIGIBILITY.] Eligible employees are: 22.30 (1) any supervisory or professional employee of the state 22.31 arts board; or 22.32(2) any supervisory or professional employee of the22.33Minnesota humanities commission; or22.34(3)(2) any employee of the Minnesota historical society. 22.35 Sec. 16. [REPEALER.] 22.36 Minnesota Statutes 2002, sections 138.91; 325D.33, 23.1 subdivisions 2a and 6; 325D.37, subdivision 3; 325D.371; 23.2 325D.405; 325D.415; and 325D.43, are repealed. 23.3 Sec. 17. [EFFECTIVE DATE; APPLICATION.] 23.4 Sections 1 to 9 are effective the day following final 23.5 enactment and apply to filings made on or after that date. 23.6 ARTICLE 3 23.7 DEPARTMENT OF LABOR AND INDUSTRY 23.8 POLICY PROVISIONS 23.9 Section 1. Minnesota Statutes 2002, section 175.16, 23.10 subdivision 1, is amended to read: 23.11 Subdivision 1. [ESTABLISHED.] The department of labor and 23.12 industry shall consist of the following divisions: division of 23.13 workers' compensation, division of boiler inspection, division 23.14 of occupational safety and health, division of statistics, 23.15 division of steamfitting standards,division of voluntary23.16apprenticeship,division of labor standards and apprenticeship, 23.17 and such other divisions as the commissioner of the department 23.18 of labor and industry may deem necessary and establish. Each 23.19 division of the department and persons in charge thereof shall 23.20 be subject to the supervision of the commissioner of the 23.21 department of labor and industry and, in addition to such duties 23.22 as are or may be imposed on them by statute, shall perform such 23.23 other duties as may be assigned to them bysaidthe commissioner. 23.24 Notwithstanding any other law to the contrary, the commissioner 23.25 is the administrator and supervisor of all of the department's 23.26 dispute resolution functions and personnel and may delegate 23.27 authority to compensation judges and others to make 23.28 determinations under sections 176.106, 176.238, and 176.239 and 23.29 to approve settlement of claims under section 176.521. 23.30 Sec. 2. Minnesota Statutes 2002, section 177.26, 23.31 subdivision 1, is amended to read: 23.32 Subdivision 1. [CREATION.] The division of labor standards 23.33 and apprenticeship in the department of labor and industry is 23.34 supervised and controlled by the commissioner of labor and 23.35 industry. 23.36 Sec. 3. Minnesota Statutes 2002, section 177.26, 24.1 subdivision 2, is amended to read: 24.2 Subd. 2. [POWERS AND DUTIES.]The powers, duties, and24.3functions given to the department's division of women and24.4children by this chapter, and other applicable laws relating to24.5wages, hours, and working conditions, are transferred to the24.6division of labor standards.The division of labor standards 24.7 and apprenticeship shall administersections 177.21 to 177.3524.8and chapterchapters 177, 178, 181, 181A, and 184.The division24.9shall perform duties under sections 181.9435 and 181.9436.24.10 Sec. 4. Minnesota Statutes 2002, section 178.01, is 24.11 amended to read: 24.12 178.01 [PURPOSES.] 24.13 The purposes of this chapter are: to open to young people 24.14 regardless of race, sex, creed, color or national origin, the 24.15 opportunity to obtain training that will equip them for 24.16 profitable employment and citizenship; to establish as a means 24.17 to this end, a program of voluntary apprenticeship under 24.18 approved apprentice agreements providing facilities for their 24.19 training and guidance in the arts, skills, and crafts of 24.20 industry and trade, with concurrent, supplementary instruction 24.21 in related subjects; to promote employment opportunities under 24.22 conditions providing adequate training and reasonable earnings; 24.23 to relate the supply of skilled workers to employment demands; 24.24 to establish standards for apprentice training; to establish an 24.25 apprenticeship advisory council and apprenticeship committees to 24.26 assist in effectuating the purposes of this chapter; to provide 24.27 for a division ofvoluntarylabor standards and apprenticeship 24.28 within the department of labor and industry; to provide for 24.29 reports to the legislature regarding the status of apprentice 24.30 training in the state; to establish a procedure for the 24.31 determination of apprentice agreement controversies; and to 24.32 accomplish related ends. 24.33 Sec. 5. Minnesota Statutes 2002, section 178.03, 24.34 subdivision 1, is amended to read: 24.35 Subdivision 1. [ESTABLISHMENT OF DIVISION.] There is 24.36herebyestablished a division ofvoluntarylabor standards and 25.1 apprenticeship in the department of labor and industry. This 25.2 division shall be administered by a director, and be under the 25.3 supervision of the commissioner of labor and industry, 25.4 hereinafter referred to as the commissioner. 25.5 Sec. 6. Minnesota Statutes 2002, section 178.03, 25.6 subdivision 2, is amended to read: 25.7 Subd. 2. [DIRECTOR OFVOLUNTARYLABOR STANDARDS AND 25.8 APPRENTICESHIP.] The commissioner shall appoint a director of 25.9 the division ofvoluntarylabor standards and apprenticeship, 25.10 hereinafter referred to as the director, and may appoint and 25.11 employ such clerical, technical, and professional help as is 25.12 necessary to accomplish the purposes of this chapter. The 25.13 director and division staff shall be appointed and shall serve 25.14 in the classified service pursuant to civil service law and 25.15 rules. 25.16 Sec. 7. [178.12] [REGISTRATION FEE.] 25.17 The apprenticeship registration account is established in 25.18 the special revenue fund of the state treasury. An annual 25.19 registration fee will be charged to each sponsor for each 25.20 apprentice registered in the program. The fee is established at 25.21 $50 per apprentice. Subsequent adjustments to this fee will be 25.22 made pursuant to Minnesota Statutes, sections 16A.1283 and 25.23 16A.1285, subdivision 2. The fees collected and any interest 25.24 earned are appropriated to the commissioner for purposes of this 25.25 chapter. 25.26 Sec. 8. Minnesota Statutes 2002, section 181.9435, 25.27 subdivision 1, is amended to read: 25.28 Subdivision 1. [INVESTIGATION.] The division of labor 25.29 standards and apprenticeship shall receive complaints of 25.30 employees against employers relating to sections 181.940 to 25.31 181.9436 and investigate informally whether an employer may be 25.32 in violation of sections 181.940 to 181.9436. The division 25.33 shall attempt to resolve employee complaints by informing 25.34 employees and employers of the provisions of the law and 25.35 directing employers to comply with the law. 25.36 Sec. 9. Minnesota Statutes 2002, section 181.9436, is 26.1 amended to read: 26.2 181.9436 [POSTING OF LAW.] 26.3 The division of labor standards and apprenticeship shall 26.4 develop, with the assistance of interested business and 26.5 community organizations, an educational poster stating 26.6 employees' rights under sections 181.940 to 181.9436. The 26.7 department shall make the poster available, upon request, to 26.8 employers for posting on the employer's premises. 26.9 Sec. 10. Minnesota Statutes 2002, section 182.65, 26.10 subdivision 2, is amended to read: 26.11 Subd. 2. The legislature finds that the burden on public 26.12 employers and public employees of this state resulting from 26.13 personal injuries and illnesses arising out of work situations 26.14 is substantial; that the prevention of these injuries and 26.15 illnesses is an important objective of the government of this 26.16 state; that the greatest hope of attaining this objective lies 26.17 in programs of research and education, and in the earnest 26.18 cooperation ofgovernment,public employers and public 26.19 employees; and that a program of regulation and enforcement is a 26.20 necessary supplement to these more basic programs. 26.21 The legislature declares it to be its purpose and policy 26.22 through the exercise of its powers to assure so far as possible 26.23 everyworkerpublic employee inthe state ofMinnesota safe and 26.24 healthful working conditions and to preserve our human resources 26.25 by: 26.26 (a) Authorizing the occupational safety and health advisory 26.27 council to advise, consult with or recommend on any matters 26.28 relating to the Minnesota occupational safety and health plan to 26.29 the commissioner of labor and industryand the state26.30commissioner of healthand by authorizing the commissioner of 26.31 labor and industry to promulgate and enforce mandatory 26.32 occupational safety and health standards applicable to public 26.33 employers and public employees inthe state ofMinnesota; 26.34 (b) Encouraging public employers and public employees to 26.35 increase their efforts to reduce the number of occupational 26.36 safety and health hazards at their places of employment, and to 27.1 stimulate public employers and public employees to institute new 27.2 and to perfect existing programs for providing safe and 27.3 healthful working conditions; 27.4 (c) Providing that public employers and public employees 27.5 have separate but dependent responsibilities and rights with 27.6 respect to achieving safe and healthful working conditions; 27.7 (d) Providing for research in the field of occupational 27.8 safety and health; including the psychological factors involved, 27.9 and by developing innovative methods, techniques, and approaches 27.10 for dealing with occupational safety and health problems; 27.11 (e) Exploring ways to discover latent diseases, 27.12 establishing causal connections between diseases and work in 27.13 environmental conditions, and conducting other research relating 27.14 to health problems, in recognition of the fact that occupational 27.15 health standards present problems often different from those 27.16 involved in occupational safety; 27.17 (f) Utilizing advances already made by federal laws and 27.18 regulations providing safe and healthful working conditions; 27.19 (g) Providing criteria which will assure insofar as 27.20 practicable that no public employee will suffer diminished 27.21 health, functional capacity, or life expectancy as a result of 27.22 work experience; 27.23 (h) Providing an effective enforcement program which shall 27.24 include a prohibition against giving advance notice of an 27.25 inspection and sanctions for any individual violating this 27.26 prohibition; 27.27 (i) Providing for appropriate reporting procedures with 27.28 respect to occupational safety and health, which procedures will 27.29 help achieve the objectives of this chapter and accurately 27.30 describe the nature of the occupational safety and health 27.31 problem; 27.32 (j) Encouraging joint labor-management efforts to reduce 27.33 injuries and diseases arising out of employment; 27.34 (k) Providing consultation to public employees and public 27.35 employers which will aid them in complying with their 27.36 responsibilities under this chapter where such consultation does 28.1 not interfere with the effective enforcement of this chapter; 28.2 (l) Providing for training programs to increase the number 28.3 and competence of personnel engaged in the field of occupational 28.4 safety and health. 28.5 Sec. 11. Minnesota Statutes 2002, section 182.651, 28.6 subdivision 7, is amended to read: 28.7 Subd. 7. "Employer" or "public employer" meansa person28.8who employs one or more employees and includes any person who28.9has the power to hire, fire, or transfer, or who acts in the28.10interest of, or as a representative of, an employer and includes28.11a corporation, partnership, association, group of persons, and28.12 the state and all of its political subdivisions. 28.13 Sec. 12. Minnesota Statutes 2002, section 182.651, 28.14 subdivision 8, is amended to read: 28.15 Subd. 8. "Federal standard" meansaan occupational safety 28.16 and health standard, or modification thereof,adoptedby a rule28.17promulgatedunder section 6 of the federal Occupational Safety 28.18 and Health Act of 1970 Public LawNumber91-596. 28.19 Sec. 13. Minnesota Statutes 2002, section 182.651, 28.20 subdivision 9, is amended to read: 28.21 Subd. 9. "Employee" means any person suffered or permitted 28.22 to work by an employer, including any person acting directly or 28.23 indirectly in the interest of or as a representative of, an 28.24 employer, and shall include state, county, town, city, school28.25district, or governmental subdivision. 28.26 Sec. 14. Minnesota Statutes 2002, section 182.651, 28.27 subdivision 13, is amended to read: 28.28 Subd. 13. "Act" means the Minnesota Occupational Safety 28.29 and Health Act of19732003. 28.30 Sec. 15. Minnesota Statutes 2002, section 182.651, 28.31 subdivision 14, is amended to read: 28.32 Subd. 14. "Hazardous substance" means a chemical or 28.33 substance, or mixture of chemicals and substances, which:28.34(a)is regulated by the federal Occupational Safety and 28.35 Health Administration undertheCode of Federal Regulations, 28.36 title 29, part 1910, subpart Z; or. 29.1(b) is either toxic or highly toxic; an irritant;29.2corrosive; a strong oxidizer; a strong sensitizer; combustible;29.3either flammable or extremely flammable; dangerously reactive;29.4pyrophoric; pressure-generating; compressed gas; carcinogen;29.5teratogen; mutagen; reproductive toxic agent; or that otherwise,29.6according to generally accepted documented medical or scientific29.7evidence, may cause substantial acute or chronic personal injury29.8or illness during or as a direct result of any customary or29.9reasonably foreseeable accidental or intentional exposure to the29.10chemical or substance; or29.11(c) is determined by the commissioner as a part of the29.12standard for the chemical or substance or mixture of chemicals29.13and substances to present a significant risk to worker health29.14and safety or imminent danger of death or serious physical harm29.15to an employee as a result of foreseeable use, handling,29.16accidental spill, exposure, or contamination.29.17In determining whether a chemical or substance is hazardous29.18under clause (b) or clause (c), the commissioner shall, if29.19appropriate, apply the criteria contained in the American29.20National Standard Institute's American National Standard for the29.21Precautionary Labeling of Hazardous Industrial Chemicals,29.22Z129.1-1982, or any later revision of that standard. In29.23addition the commissioner may consider the information contained29.24in appendices which do not appear in the standard and any other29.25available scientific evidence which substantially indicates a29.26chemical or substance or mixture of chemicals and substances is29.27hazardous.29.28Hazardous substance does not include a substance being29.29developed or handled by a technically qualified individual in a29.30research, medical research, medical diagnostic or medical29.31educational laboratory or in a health care facility or in a29.32clinic associated with the laboratory or health care facility,29.33or in a pharmacy registered and licensed under chapter 151.29.34This exemption applies only to technically qualified individuals29.35and not to persons working in the same work area who are not29.36technically qualified individuals.30.1 Sec. 16. Minnesota Statutes 2002, section 182.652, 30.2 subdivision 1, is amended to read: 30.3 Subdivision 1. The provisions of this chapter or any 30.4 federal standard or rule promulgated pursuant to this chapter 30.5 shall apply toallplaces of employment within this state except 30.6 as noted in subdivision 2. 30.7 Sec. 17. Minnesota Statutes 2002, section 182.653, 30.8 subdivision 3, is amended to read: 30.9 Subd. 3. Each employer shall comply withoccupational30.10safety and healthfederal standards or rules promulgated 30.11 pursuant to this chapter. 30.12 Sec. 18. Minnesota Statutes 2002, section 182.654, 30.13 subdivision 2, is amended to read: 30.14 Subd. 2. Each employee shall comply withoccupational30.15safety and healthfederal standards and all rules and orders 30.16 issued pursuant to this chapter which are applicable to the 30.17 employee's own actions and conduct. 30.18 Sec. 19. Minnesota Statutes 2002, section 182.654, 30.19 subdivision 4, is amended to read: 30.20 Subd. 4. Each employee or an authorized representative 30.21 shall be notified by an employer of any application for a 30.22 temporary order granting the employer a variance from any 30.23 provision of this chapter or federal standard or rule 30.24 promulgated pursuant to this chapter. 30.25 Sec. 20. Minnesota Statutes 2002, section 182.654, 30.26 subdivision 5, is amended to read: 30.27 Subd. 5. The employee representative shall be given the 30.28 opportunity to participate in any hearing which concerns an 30.29 application by an employer for a variance from a federal 30.30 standard promulgated under this chapter. 30.31 Sec. 21. Minnesota Statutes 2002, section 182.654, 30.32 subdivision 6, is amended to read: 30.33 Subd. 6. Any employee who may be adversely affected by a 30.34 federal standard or variance issued pursuant to section 182.655 30.35 may file a petition stating a position with regard to the 30.36 proposed federal standard or variance with the commissioner. 31.1 Sec. 22. Minnesota Statutes 2002, section 182.654, 31.2 subdivision 11, is amended to read: 31.3 Subd. 11. An employee acting in good faith has the right 31.4 to refuse to work under conditions which the employee reasonably 31.5 believes present an imminent danger of death or serious physical 31.6 harm to the employee. 31.7 A reasonable belief of imminent danger of death or serious 31.8 physical harm includes but is not limited to a reasonable belief 31.9 of the employee that the employee has been assigned to work in 31.10 an unsafe or unhealthful manner with a hazardoussubstance,31.11harmful physical agent or infectious agentchemical. 31.12 An employer may not discriminate against an employee for a 31.13 good faith refusal to perform assigned tasks if the employee has 31.14 requested that the employer correct the hazardous conditions but 31.15 the conditions remain uncorrected. 31.16 An employee who has refused in good faith to perform 31.17 assigned tasks and who has not been reassigned to other tasks by 31.18 the employer shall, in addition to retaining a right to 31.19 continued employment, receive pay for the tasks which would have 31.20 been performed if (1) the employee requests the commissioner to 31.21 inspect and determine the nature of the hazardous condition, and 31.22 (2) the commissioner determines that the employee, by performing 31.23 the assigned tasks, would have been placed in imminent danger of 31.24 death or serious physical harm. 31.25 Sec. 23. Minnesota Statutes 2002, section 182.655, 31.26 subdivision 1, is amended to read: 31.27 Subdivision 1. Federal standards and variances shall be 31.28 proposed, granted, adopted, modified, or revoked by the 31.29 commissioner in accordance with the procedures of this section. 31.30 The federal standards and variances are exempt from the 31.31 Administrative Procedure Act but, to the extent authorized by 31.32 law to adopt rules, the commissioner may use the provisions of 31.33 section 14.386, paragraph (a), clauses (1) and (3). Section 31.34 14.386, paragraph (b), does not apply to these rules. 31.35 Sec. 24. Minnesota Statutes 2002, section 182.655, 31.36 subdivision 2, is amended to read: 32.1 Subd. 2. Whenever the commissioner, in order to serve the 32.2 objectives of this chapter, determines that arulefederal 32.3 standard should be promulgated under this section, establishing, 32.4 modifying, or revokingan occupational safety and healtha 32.5 federal standard, the commissioner shall publish a proposedrule32.6 federal standard promulgating, modifying, or revokingan32.7occupational safety or healtha federal standard and shall 32.8 afford interested persons a period of 30 days after publication 32.9 to submit written data or comments. 32.10 On or before the last day of the period provided for the 32.11 submission of written data or comments, any interested person 32.12 may file with the commissioner written objections to the 32.13 proposedrulefederal standard, stating the groundstherefor32.14 therefore and requesting a public hearing onsuchthe objections. 32.15 Within 30 days after the last day for filingsuchthe 32.16 objections, the commissioner shall publish a notice specifying 32.17 theoccupational safety or healthfederal standard to which 32.18 objections have been filed and a hearing requested, and 32.19 specifying a time and place forsucha hearing. 32.20 Sec. 25. Minnesota Statutes 2002, section 182.655, 32.21 subdivision 3, is amended to read: 32.22 Subd. 3. Within 60 days after the expiration of the period 32.23 provided for the submission of written data or comments or 32.24 within 60 days after the completion of any hearing, the 32.25 commissioner shall issue arulefederal standard promulgating, 32.26 modifying, or revokingan occupational safety or healtha 32.27 federal standard or make a determination that arulefederal 32.28 standard should not be promulgated. Such arulefederal 32.29 standard may contain a provision delaying its effective date for 32.30 such period, not in excess of 90 days, as the commissioner 32.31 determines may be necessary to insure that affected employers 32.32 and employees will be informed of the existence of the federal 32.33 standard and of its terms and that employers affected are given 32.34 an opportunity to familiarize themselves and their employees 32.35 with the existence of the requirements of the federal standard. 32.36 Sec. 26. Minnesota Statutes 2002, section 182.655, 33.1 subdivision 5, is amended to read: 33.2 Subd. 5. Any employer may apply to the commissioner for a 33.3 temporary order granting a variance from a federal standard or 33.4 any provision thereof promulgated under this section.SuchThe 33.5 temporary order shall be granted only if the employer files an 33.6 application which meets the requirements of subdivision 7 and 33.7 establishes that: 33.8 (a) It is unable to comply with a federal standard by its 33.9 effective date because of unavailability of professional or 33.10 technical personnel or of materials and equipment needed to come 33.11 into compliance with the federal standard or because necessary 33.12 construction or alteration of facilities cannot be completed by 33.13 the effective date; 33.14 (b) It is taking all available steps to safeguard 33.15 employees against the hazards covered by the federal standard; 33.16 and 33.17 (c) It has an effective program for coming into compliance 33.18 with the federal standard as quickly as practicable. 33.19 Sec. 27. Minnesota Statutes 2002, section 182.655, 33.20 subdivision 6, is amended to read: 33.21 Subd. 6. Any temporary order issued under this section 33.22 shall prescribe the practices, means, methods, operations and 33.23 processes which the employer must adopt and use while the order 33.24 is in effect and state in detail the employer's program for 33.25 coming into compliance with the federal standard.SuchA 33.26 temporary order may be granted only after notice to employees 33.27 and to employee representative and an opportunity for a hearing; 33.28 provided, that the commissioner may issue one interim order to 33.29 be effective until a decision is made on the basis of a 33.30 hearing. No temporary order may be in effect for longer than 33.31 the period needed by the employer to achieve compliance with the 33.32 federal standard or one year, whichever is shorter, except that 33.33 such an order may be renewed not more than twice. No such order 33.34 shall be renewed unless the requirements of this section are met 33.35 and an application for renewal is filed at least 90 days prior 33.36 to the expiration date of the order. No interim order may 34.1 remain in effect for longer than 180 days. 34.2 Sec. 28. Minnesota Statutes 2002, section 182.655, 34.3 subdivision 7, is amended to read: 34.4 Subd. 7. An application for a temporary order under this 34.5 section shall contain: 34.6 (a) A specification of the federal standard or portion 34.7 thereof from which the employer seeks a variance; 34.8 (b) A representation by the employer, supported by 34.9 representations from qualified persons having first hand 34.10 knowledge of the facts represented, that it is unable to comply 34.11 with the federal standard or portion thereof and a detailed 34.12 statement of the reasonstherefortherefore; 34.13 (c) A statement of the steps being taken and which will be 34.14 taken, with specific dates, to protect employees against the 34.15 hazards covered by the federal standard; 34.16 (d) A statement of when it expects to be able to comply 34.17 with the federal standard and what steps it has taken and will 34.18 take, with specific dates, to come into compliance with 34.19 the federal standard; and 34.20 (e) A certification that it has informed employees of the 34.21 application by giving a copy thereof to their authorized 34.22 representative, posting a statement giving a summary of the 34.23 application and specifying where a copy may be examined at the 34.24 place or places where notices to employees are normally posted, 34.25 and by other appropriate means, and that it has informed 34.26 employees of their right to petition the commissioner for a 34.27 hearing. 34.28 Sec. 29. Minnesota Statutes 2002, section 182.655, 34.29 subdivision 8, is amended to read: 34.30 Subd. 8. Any affected employer may apply to the 34.31 commissioner for a rule or order for a permanent variance from a 34.32 federal standard promulgated under this section. Affected 34.33 employees shall be given a notice of each such application and 34.34 an opportunity to participate in a hearing. The commissioner 34.35 shall issue such rule or order if the commissioner determines on 34.36 the record, after opportunity for an inspection where 35.1 appropriate and a hearing, that the proponent of the variance 35.2 has demonstrated by a preponderance of the evidence that the 35.3 conditions, practices, means, methods, operations, or processes 35.4 used or proposed to be used by an employer will provide 35.5 employment and places of employment to employees which are as 35.6 safe and healthful as those which would prevail if there was 35.7 compliance with the federal standard. The rule or order so 35.8 issued shall prescribe the conditions the employer must 35.9 maintain, and the practices, means, methods, operations, and 35.10 processes which it must adopt and utilize. Such a rule or order 35.11 may be modified or revoked upon application by an employer, 35.12 employees, or by the commissioner on the commissioner's own 35.13 motion, in the manner prescribed for its issuance under this 35.14 subdivision at any time after six months from its issuance. 35.15 Sec. 30. Minnesota Statutes 2002, section 182.655, 35.16 subdivision 9, is amended to read: 35.17 Subd. 9. The commissioner is authorized to grant a 35.18 variance from any federal standard or portion thereof whenever 35.19 the commissioner determines thatsucha variance is necessary to 35.20 permit an employer to participate in an experiment approved by 35.21 the commissioner or the United States Secretary of Labor or the 35.22 United States Secretary of Health, Education and Welfare, 35.23 designed to demonstrate or validate new and improved techniques 35.24 to safeguard the health and safety of workers. 35.25 Sec. 31. Minnesota Statutes 2002, section 182.655, 35.26 subdivision 11, is amended to read: 35.27 Subd. 11. The commissioner shall adopt an emergency 35.28 temporary federal standard to take immediate effect upon 35.29 publication if the commissioner determines: 35.30 (a) That employees are exposed to grave or imminent danger 35.31 from exposure to hazardous substances or harmful physical agents 35.32 or other hazards; and 35.33 (b) That the emergency federal standard is necessary to 35.34 protect employees from the danger. The federal standard shall 35.35 be effective until superseded by a federal standard adopted in 35.36 accordance with the procedures prescribed in subdivision 2. 36.1 Upon publication of the federal standard or federal 36.2 standards, which interested persons may receive upon request and 36.3 payment of fees, the commissioner shall commence a proceeding in 36.4 accordance with subdivision 2 and the federal standard as 36.5 published shall also serve as a proposedrulefederal standard 36.6 for the proceeding; the commissioner shall adopt a federal 36.7 standard under this section no later than six months after the 36.8 publication of the emergency federal standard. 36.9 Sec. 32. Minnesota Statutes 2002, section 182.655, 36.10 subdivision 13, is amended to read: 36.11 Subd. 13.All standards adopted byThe commissioner shall 36.12be at least as effective as those whichonly adopt, in 36.13 accordance with this section, federal standards that are 36.14 presently or will, in the future, be promulgated under section 6 36.15 of the federal Occupational Safety and Health Act of 1970. The 36.16 commissioner does not have the authority to adopt occupational 36.17 safety and health standards different from the federal standards 36.18 that are presently, or will in the future be promulgated under 36.19 section 6 of the federal Occupational Safety and Health Act of 36.20 1970. 36.21 Sec. 33. Minnesota Statutes 2002, section 182.6555, is 36.22 amended to read: 36.23 182.6555 [REDUCING OCCUPATIONAL EXPOSURES TO BLOODBORNE 36.24 PATHOGENS THROUGH SHARPS INJURIES.] 36.25(a)Employers must comply with Code of Federal Regulations, 36.26 title 29, section 1910.1030, to eliminate or minimize employee 36.27 exposure to bloodborne pathogens through sharps injuries. 36.28(b) Written exposure control plans prepared by employers36.29must be reviewed at least annually and whenever necessary to36.30reflect new or modified tasks and procedures which affect36.31occupational exposures and to reflect new or revised employee36.32positions with occupational exposure. The requirement to review36.33and update the plan means that the plan must reflect changes in36.34technology that eliminate or reduce exposure to bloodborne36.35pathogens. The exposure control plan must document36.36consideration and implementation of appropriate commercially37.1available and effective engineering controls, for example,37.2needleless systems and sharps with engineered sharps injury37.3protection, designed to eliminate or minimize exposure.37.4(c) A safety committee established under section 182.67637.5must make advisory recommendations for the use of effective37.6engineering controls. The recommendations are not binding on37.7the employer. One-half of the members of the safety committee37.8must be employee representatives of job classifications that37.9would use or may reasonably anticipate encountering any device37.10in the category being evaluated in the performance of the37.11employee's duties. The employer may establish a subcommittee of37.12the safety committee to meet the requirements of this37.13paragraph. One-half of the members of this subcommittee must be37.14employee representatives of job classifications that would use37.15or may reasonably anticipate encountering any device in the37.16category being evaluated in the performance of the employee's37.17duties. Employers not required to establish a safety committee37.18under section 182.676 must involve their employees in the37.19evaluation of effective engineering controls.37.20(d) This section does not prohibit the use of a prefilled37.21syringe that is approved by the federal Food and Drug37.22Administration. This paragraph expires May 1, 2003.37.23(e) Employers must establish internal procedures to37.24document the route of exposure and the circumstances under which37.25an exposure incident occurred. This information should include:37.26(1) engineering controls in use at the time;37.27(2) work practices followed;37.28(3) a description and brand name of the device in use;37.29(4) protective equipment or clothing that was used at the37.30time of the exposure incident;37.31(5) location;37.32(6) procedure being performed when the incident occurred;37.33(7) the employee's training; and37.34(8) the injured employee's opinion about whether any other37.35engineering, administrative, or work practice control could have37.36prevented the injury and the basis for that opinion.38.1 Sec. 34. Minnesota Statutes 2002, section 182.6575, is 38.2 amended to read: 38.3 182.6575 [WAIVER PROHIBITED.] 38.4 No employer may request or require any employee to waive 38.5 any rights under this chapter or underoccupational safety and38.6healthrules or federal standards adopted pursuant to this 38.7 chapter. 38.8 Sec. 35. Minnesota Statutes 2002, section 182.658, is 38.9 amended to read: 38.10 182.658 [POSTING REQUIREMENTS.] 38.11 The commissioner shall issue rules requiring that 38.12 employers, through posting of notices or other appropriate 38.13 means, keep their employees informed of their protections and 38.14 obligations under this chapter including the provisions of 38.15 applicable rules and federal standards. 38.16 Sec. 36. Minnesota Statutes 2002, section 182.659, 38.17 subdivision 1, is amended to read: 38.18 Subdivision 1. In order to carry out the purposes of this 38.19 chapter, the commissioner, upon presenting appropriate 38.20 credentials to theowner, operator,employer or agent in charge, 38.21 is authorized to enter without delay and at reasonable times any 38.22 place of employment; and to inspect and investigate during 38.23 regular working hours and at other reasonable times, and within 38.24 reasonable limits and in a reasonable manner, any such place of 38.25 employment and all pertinent conditions, structures, machines, 38.26 apparatus, devices, equipment, and materials therein, and to 38.27 question privately any such employer,owner, operator,agent, or 38.28 employee. 38.29 Sec. 37. Minnesota Statutes 2002, section 182.659, 38.30 subdivision 4, is amended to read: 38.31 Subd. 4. Any employee or representative of employees who 38.32 believes that a violation of asafety or healthfederal standard 38.33 exists that threatens physical harm, or that an imminent danger 38.34 exists, may request an inspection by giving notice to the 38.35 commissioner of such violation or danger. Any such notice shall 38.36 be reduced to writing, shall set forth with reasonable 39.1 particularity the grounds for the notice, and shall be signed by 39.2 the employee or representative of employees. A copy of the 39.3 notice shall be provided the employer or agent no later than the 39.4 time of the inspection, except that, upon the request of the 39.5 person giving such notice, the employee's name and the names of 39.6 individual employees referred to therein shall not appear in 39.7 such copy or on any record published, released, or made 39.8 available pursuant to section 182.663, subdivision 4. If upon 39.9 receipt of such notification the commissioner determines that 39.10 there are reasonable grounds to believe that such violation or 39.11 danger exists, the commissioner shall make a special inspection 39.12 in accordance with the provisions of this section as soon as 39.13 practicable, to determine if such danger or violation exists. 39.14 An inspection conducted pursuant to a complaint may cover all of 39.15 the premises of the employer and shall not be limited to that 39.16 portion of the premises specified in the notice. If the 39.17 commissioner determines that there are no reasonable grounds to 39.18 believe that such a violation or danger exists the commissioner 39.19 shall notify the employee or representative of employees in 39.20 writing of such determination. Upon such notification the 39.21 employee or the employee representative may request the 39.22 commissioner to reconsider the determination. Upon receiving 39.23 such request the commissioner shall review the determination. 39.24 Sec. 38. Minnesota Statutes 2002, section 182.659, 39.25 subdivision 6, is amended to read: 39.26 Subd. 6. Upon the refusal or anticipated refusal, based on 39.27 an employer's refusal to permit entrance on a prior occasion, of 39.28 anowner, operator,employer or agent in charge to permit entry 39.29 as specified in this chapter, the commissioner may apply for an 39.30 order in the district court in the county in which a workplace 39.31 is located, which compels the employer to permit the 39.32 commissioner to enter and inspect the workplace. 39.33 Sec. 39. Minnesota Statutes 2002, section 182.659, 39.34 subdivision 8, is amended to read: 39.35 Subd. 8. Neither the commissioner nor any employee of the 39.36 department, including those employees of the department of40.1health providing services to the department of labor and40.2industry, pursuant to section 182.67, subdivision 1,is subject 40.3 to subpoena for purposes of inquiry into any occupational safety 40.4 and health inspection except in enforcement proceedings brought 40.5 under this chapter. Data that identify individuals who provide 40.6 data to the department as part of an investigation conducted 40.7 under this chapter shall be private. 40.8 Sec. 40. Minnesota Statutes 2002, section 182.66, 40.9 subdivision 1, is amended to read: 40.10 Subdivision 1. After an inspection or investigation, if 40.11 the commissioner believes that an employer has violated a 40.12 requirement of section 182.653, or any federal standard, rule, 40.13 or order adopted pursuant to this chapter, the commissioner 40.14 shall, with reasonable promptness and in no event later than six 40.15 months following the inspection, issue a written citation to the 40.16 employer by certified mail. The citation shall describe with 40.17 particularity the nature of the violation, including a reference 40.18 to the provision of the act, federal standard, rule, or order 40.19 alleged to have been violated. In addition, the citation shall 40.20 fix a reasonable time for the abatement of the violation. 40.21 Sec. 41. Minnesota Statutes 2002, section 182.663, 40.22 subdivision 5, is amended to read: 40.23 Subd. 5. Any information obtained by the commissioner 40.24 under this chapter shall be obtained with a minimum burden upon 40.25 employers, especially those operating small business. 40.26 Unnecessary duplication of efforts in obtaining information 40.27 shall be reduced to the maximum extent feasible. 40.28 Sec. 42. Minnesota Statutes 2002, section 182.665, is 40.29 amended to read: 40.30 182.665 [JUDICIAL REVIEW.] 40.31 Any person aggrieved by a final order of the board in a 40.32 contested case, or by any federal standard, rule, or order 40.33 promulgated by the commissioner, is entitled to judicial review 40.34 thereof in accordance with the applicable provisions of chapter 40.35 14. 40.36 Sec. 43. Minnesota Statutes 2002, section 182.666, 41.1 subdivision 1, is amended to read: 41.2 Subdivision 1. Any employer who willfully or repeatedly 41.3 violates the requirements of section 182.653, or any federal 41.4 standard, rule, or order adopted under the authority of the 41.5 commissioner as provided in this chapter, may be assessed a fine 41.6 not to exceed $70,000 for each violation. The minimum fine for 41.7 a willful violation is $5,000. 41.8 Sec. 44. Minnesota Statutes 2002, section 182.666, 41.9 subdivision 2, is amended to read: 41.10 Subd. 2. Any employer who has received a citation for a 41.11 serious violation of its duties under section 182.653, or any 41.12 federal standard, rule, or order adopted under the authority of 41.13 the commissioner as provided in this chapter, shall be assessed 41.14 a fine not to exceed $7,000 for each violation. 41.15 Sec. 45. Minnesota Statutes 2002, section 182.667, 41.16 subdivision 2, is amended to read: 41.17 Subd. 2. Any employer who willfully or repeatedly violates 41.18 the requirements of section 182.653, anysafety and health41.19 federal standard promulgated under this chapter, any existing 41.20 rulepromulgatedadopted by the department, may be punished by a 41.21 fine of not more than $20,000 or by imprisonment for not more 41.22 than six months or by both; except, that if the conviction is 41.23 for a violation committed after a first conviction of such 41.24 person, punishment shall be a fine of not more than $35,000 or 41.25 by imprisonment for not more than one year, or by both. 41.26 Sec. 46. Minnesota Statutes 2002, section 182.668, 41.27 subdivision 2, is amended to read: 41.28 Subd. 2. [CLASSIFICATION OF DATA.]Information that has41.29been registered pursuant to subdivision 1 shall be classified as41.30nonpublic or private data as defined in section 13.02,41.31subdivisions 9 and 12.41.32All otherInformation reported to or otherwise obtained by 41.33 the commissioner or a representative in connection with any 41.34 inspection or proceeding under this chapter which contains or 41.35 which might reveal a trade secret shall be classified as 41.36 nonpublic or private data as defined in section 13.02, 42.1 subdivisions 9 and 12. Information classified as nonpublic or 42.2 private may be disclosed to other officers or employees 42.3 concerned with carrying out this chapter or when relevant in any 42.4 proceeding under this chapter or when otherwise required in 42.5 order to comply with federal law or regulation but only to the 42.6 extent required by the federal law or regulation. 42.7 Sec. 47. Minnesota Statutes 2002, section 182.668, 42.8 subdivision 3, is amended to read: 42.9 Subd. 3. [DETERMINATION BY COMMISSIONER.] On the request 42.10 ofa manufacturer,an employer, employee, or employee 42.11 representative, the commissioner shall determine whether 42.12 information registered pursuant to subdivision 1 or otherwise 42.13 reported to or obtained by the commissioner is a trade secret as 42.14 defined in section 325C.01, subdivision 5. In making a 42.15 determination the commissioner shall also determine whether the 42.16 information should in any event be disclosed in order to 42.17 properly protect the health and safety of employees. 42.18 An employeror manufacturerthat disagrees with a 42.19 determination under this subdivision may pursue its remedies as 42.20 provided in chapter 325C or other relevant law. 42.21 Sec. 48. Minnesota Statutes 2002, section 182.6731, is 42.22 amended to read: 42.23 182.6731 [SAFETY AWARDS.] 42.24 The commissioner may present awards tobusinessesemployers 42.25 that have excellent safety records. The award shall be 42.26 presented jointly to thecompanyemployer and its employees. 42.27 The commissioner may solicit advice on whatbusinessesemployers 42.28 shall receive the awards from representatives of labor 42.29 andbusinessemployers. 42.30 Sec. 49. [REPEALER.] 42.31 (a) Minnesota Statutes 2002, sections 177.26, subdivision 42.32 3; 178.11; 182.651, subdivisions 11, 15, 16, 17, 18, 19, and 20; 42.33 182.6521; 182.653, subdivisions 4a, 4b, 4c, 4d, 4e, 4f, 4g, 5, 42.34 6, 7, 8, 9, and 10; 182.654, subdivisions 3, 7, and 10; 182.655, 42.35 subdivisions 4, 10, 10a, 12, and 14; 182.663, subdivision 3; 42.36 182.668, subdivisions 1 and 5; 182.672; and 182.676, are 43.1 repealed. 43.2 (b) Minnesota Rules, parts 5205.0020; 5205.0030; 5205.0040; 43.3 5205.0050; 5205.0060; 5205.0065; 5205.0080; 5205.0100; 43.4 5205.0105; 5205.0110, subparts 1, 2a, 3, and 4; 5205.0115; 43.5 5205.0116; 5205.0120; 5205.0130; 5205.0140; 5205.0150; 43.6 5205.0200; 5205.0330; 5205.0550; 5205.0560; 5205.0570; 43.7 5205.0580; 5205.0650; 5205.0660; 5205.0665; 5205.0670; 43.8 5205.0675; 5205.0685; 5205.0686; 5205.0690; 5205.0700; 43.9 5205.0710; 5205.0750; 5205.0755; 5205.0760; 5205.0765; 43.10 5205.0770; 5205.0850; 5205.0860; 5205.0865; 5205.0870; 43.11 5205.0880; 5205.0890; 5205.1200; 5205.1210; 5205.1220; 43.12 5205.1230; 5205.1400; 5206.0100, subparts 1, 1a, 1b, 1c, 2, 2a, 43.13 3, 3a, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 11a, 11b, 12, 13, 14, 14a, 43.14 14b, 14c, 16, 16a, 17, and 19; 5206.0200; 5206.0300, subparts 1, 43.15 2, 3, 6, and 7; 5206.0400; 5206.0500; 5206.0600; 5206.0700; 43.16 5206.0800; 5206.1000; 5206.1100; 5206.1200; 5206.1300; 43.17 5206.1400; 5206.1500; 5206.1600; 5206.1700; 5206.1800; 43.18 5206.1900; 5206.2000; 5207.0005; 5207.0010; 5207.0020; 43.19 5207.0030; 5207.0035; 5207.0040; 5207.0050; 5207.0060; 43.20 5207.0100; 5207.0200; 5207.0210; 5207.0250; 5207.0300, subpart 43.21 1; 5207.0301; 5207.0302; 5207.0303; 5207.0304; 5207.0310; 43.22 5207.0320; 5207.0400; 5207.0410; 5207.0500; 5207.0510; 43.23 5207.0520; 5207.0530; 5207.0540; 5207.0600; 5207.0610; 43.24 5207.0620; 5207.0630; 5207.0700; 5207.0710; 5207.0720; 43.25 5207.0730; 5207.0740; 5207.0800; 5207.0810; 5207.0850; 43.26 5207.0900; 5207.0910; and 5207.1000, are repealed. 43.27 ARTICLE 4 43.28 DEPARTMENT OF ECONOMIC SECURITY 43.29 POLICY PROVISIONS 43.30 Section 1. Minnesota Statutes 2002, section 124D.68, 43.31 subdivision 2, is amended to read: 43.32 Subd. 2. [ELIGIBLE PUPILS.] The following pupils are 43.33 eligible to participate in the graduation incentives program: 43.34 (a) any pupil under the age of 21 who: 43.35 (1) performs substantially below the performance level for 43.36 pupils of the same age in a locally determined achievement test; 44.1 (2) is at least one year behind in satisfactorily 44.2 completing coursework or obtaining credits for graduation; 44.3 (3) is pregnant or is a parent; 44.4 (4) has been assessed as chemically dependent; 44.5 (5) has been excluded or expelled according to sections 44.6 121A.40 to 121A.56; 44.7 (6) has been referred by a school district for enrollment 44.8 in an eligible program or a program pursuant to section 124D.69; 44.9 (7) is a victim of physical or sexual abuse; 44.10 (8) has experienced mental health problems; 44.11 (9) has experienced homelessness sometime within six months 44.12 before requesting a transfer to an eligible program; 44.13 (10) speaks English as a second language or has limited 44.14 English proficiency; or 44.15 (11) has withdrawn from school or has been chronically 44.16 truant; or 44.17 (b) any person who is at least 21 years of age and who: 44.18 (1) has received fewer than 14 years of public or nonpublic 44.19 education, beginning at age 5; 44.20 (2) has not completed the requirements for a high school 44.21 diploma; and 44.22 (3) at the time of application, (i) is eligible for 44.23 unemployment benefits or has exhausted the benefits, (ii) is 44.24 eligible for, or is receiving income maintenance and support 44.25 services, as defined in section 268.0111, subdivision 5, or 44.26 (iii) is eligible for services underthe displaced homemaker44.27program, state wage-subsidy program, orany programs under the 44.28 federal Jobs Training Partnership Act or its successor. 44.29 Sec. 2. Minnesota Statutes 2002, section 256D.05, 44.30 subdivision 1, is amended to read: 44.31 Subdivision 1. [ELIGIBILITY.] (a) Each assistance unit 44.32 with income and resources less than the standard of assistance 44.33 established by the commissioner and with a member who is a 44.34 resident of the state shall be eligible for and entitled to 44.35 general assistance if the assistance unit is: 44.36 (1) a person who is suffering from a professionally 45.1 certified permanent or temporary illness, injury, or incapacity 45.2 which is expected to continue for more than 30 days and which 45.3 prevents the person from obtaining or retaining employment; 45.4 (2) a person whose presence in the home on a substantially 45.5 continuous basis is required because of the professionally 45.6 certified illness, injury, incapacity, or the age of another 45.7 member of the household; 45.8 (3) a person who has been placed in, and is residing in, a 45.9 licensed or certified facility for purposes of physical or 45.10 mental health or rehabilitation, or in an approved chemical 45.11 dependency domiciliary facility, if the placement is based on 45.12 illness or incapacity and is according to a plan developed or 45.13 approved by the county agency through its director or designated 45.14 representative; 45.15 (4) a person who resides in a shelter facility described in 45.16 subdivision 3; 45.17 (5) a person not described in clause (1) or (3) who is 45.18 diagnosed by a licensed physician, psychological practitioner, 45.19 or other qualified professional, as mentally retarded or 45.20 mentally ill, and that condition prevents the person from 45.21 obtaining or retaining employment; 45.22 (6) a person who has an application pending for, or is 45.23 appealing termination of benefits from, the social security 45.24 disability program or the program of supplemental security 45.25 income for the aged, blind, and disabled, provided the person 45.26 has a professionally certified permanent or temporary illness, 45.27 injury, or incapacity which is expected to continue for more 45.28 than 30 days and which prevents the person from obtaining or 45.29 retaining employment; 45.30 (7) a person who is unable to obtain or retain employment 45.31 because advanced age significantly affects the person's ability 45.32 to seek or engage in substantial work; 45.33 (8) a person who has been assessed by a vocational 45.34 specialist and, in consultation with the county agency, has been 45.35 determined to be unemployable for purposes of this clause; a 45.36 person is considered employable if there exist positions of 46.1 employment in the local labor market, regardless of the current 46.2 availability of openings for those positions, that the person is 46.3 capable of performing. The person's eligibility under this 46.4 category must be reassessed at least annually. The county 46.5 agency must provide notice to the person not later than 30 days 46.6 before annual eligibility under this item ends, informing the 46.7 person of the date annual eligibility will end and the need for 46.8 vocational assessment if the person wishes to continue 46.9 eligibility under this clause. For purposes of establishing 46.10 eligibility under this clause, it is the applicant's or 46.11 recipient's duty to obtain any needed vocational assessment; 46.12 (9) a person who is determined by the county agency, 46.13 according to permanent rules adopted by the commissioner, to be 46.14 learning disabled, provided that if a rehabilitation plan for 46.15 the person is developed or approved by the county agency, the 46.16 person is following the plan; 46.17 (10) a child under the age of 18 who is not living with a 46.18 parent, stepparent, or legal custodian, and only if: the child 46.19 is legally emancipated or living with an adult with the consent 46.20 of an agency acting as a legal custodian; the child is at least 46.21 16 years of age and the general assistance grant is approved by 46.22 the director of the county agency or a designated representative 46.23 as a component of a social services case plan for the child; or 46.24 the child is living with an adult with the consent of the 46.25 child's legal custodian and the county agency. For purposes of 46.26 this clause, "legally emancipated" means a person under the age 46.27 of 18 years who: (i) has been married; (ii) is on active duty 46.28 in the uniformed services of the United States; (iii) has been 46.29 emancipated by a court of competent jurisdiction; or (iv) is 46.30 otherwise considered emancipated under Minnesota law, and for 46.31 whom county social services has not determined that a social 46.32 services case plan is necessary, for reasons other than the 46.33 child has failed or refuses to cooperate with the county agency 46.34 in developing the plan; 46.35 (11)a person who is eligible for displaced homemaker46.36services, programs, or assistance under section 268.96, but only47.1if that person is enrolled as a full-time student;47.2(12)a person who lives more than four hours round-trip 47.3 traveling time from any potential suitable employment; 47.4(13)(12) a person who is involved with protective or 47.5 court-ordered services that prevent the applicant or recipient 47.6 from working at least four hours per day; 47.7(14)(13) a person over age 18 whose primary language is 47.8 not English and who is attending high school at least half time; 47.9 or 47.10(15)(14) a person whose alcohol and drug addiction is a 47.11 material factor that contributes to the person's disability; 47.12 applicants who assert this clause as a basis for eligibility 47.13 must be assessed by the county agency to determine if they are 47.14 amenable to treatment; if the applicant is determined to be not 47.15 amenable to treatment, but is otherwise eligible for benefits, 47.16 then general assistance must be paid in vendor form, for the 47.17 individual's shelter costs up to the limit of the grant amount, 47.18 with the residual, if any, paid according to section 256D.09, 47.19 subdivision 2a; if the applicant is determined to be amenable to 47.20 treatment, then in order to receive benefits, the applicant must 47.21 be in a treatment program or on a waiting list and the benefits 47.22 must be paid in vendor form, for the individual's shelter costs, 47.23 up to the limit of the grant amount, with the residual, if any, 47.24 paid according to section 256D.09, subdivision 2a. 47.25 (b) As a condition of eligibility under paragraph (a), 47.26 clauses (1), (3), (5), (8), and (9), the recipient must complete 47.27 an interim assistance agreement and must apply for other 47.28 maintenance benefits as specified in section 256D.06, 47.29 subdivision 5, and must comply with efforts to determine the 47.30 recipient's eligibility for those other maintenance benefits. 47.31 (c) The burden of providing documentation for a county 47.32 agency to use to verify eligibility for general assistance or 47.33 for exemption from the food stamp employment and training 47.34 program is upon the applicant or recipient. The county agency 47.35 shall use documents already in its possession to verify 47.36 eligibility, and shall help the applicant or recipient obtain 48.1 other existing verification necessary to determine eligibility 48.2 which the applicant or recipient does not have and is unable to 48.3 obtain. 48.4 Sec. 3. Minnesota Statutes 2002, section 256J.49, 48.5 subdivision 13, is amended to read: 48.6 Subd. 13. [WORK ACTIVITY.] "Work activity" means any 48.7 activity in a participant's approved employment plan that is 48.8 tied to the participant's employment goal. For purposes of the 48.9 MFIP program, any activity that is included in a participant's 48.10 approved employment plan meets the definition of work activity 48.11 as counted under the federal participation standards. Work 48.12 activity includes, but is not limited to: 48.13 (1) unsubsidized employment; 48.14 (2) subsidized private sector or public sector employment, 48.15 including grant diversion as specified in section 256J.69; 48.16 (3) work experience, including CWEP as specified in section 48.17 256J.67, and including work associated with the refurbishing of 48.18 publicly assisted housing if sufficient private sector 48.19 employment is not available; 48.20 (4) on-the-job training as specified in section 256J.66; 48.21 (5) job search, either supervised or unsupervised; 48.22 (6) job readiness assistance; 48.23 (7) job clubs, including job search workshops; 48.24 (8) job placement; 48.25 (9) job development; 48.26 (10) job-related counseling; 48.27 (11) job coaching; 48.28 (12) job retention services; 48.29 (13) job-specific training or education; 48.30 (14) job skills training directly related to employment; 48.31 (15) the self-employment investment demonstration (SEID), 48.32 as specified in section 256J.65; 48.33 (16) preemployment activities, based on availability and 48.34 resources, such as volunteer work, literacy programs and related 48.35 activities, citizenship classes, English as a second language 48.36 (ESL) classes as limited by the provisions of section 256J.52, 49.1 subdivisions 3, paragraph (d), and 5, paragraph (c), or 49.2 participation in dislocated worker services, chemical dependency 49.3 treatment, mental health services, peer group networks, 49.4displaced homemaker programs,strength-based resiliency 49.5 training, parenting education, or other programs designed to 49.6 help families reach their employment goals and enhance their 49.7 ability to care for their children; 49.8 (17) community service programs; 49.9 (18) vocational educational training or educational 49.10 programs that can reasonably be expected to lead to employment, 49.11 as limited by the provisions of section 256J.53; 49.12 (19) apprenticeships; 49.13 (20) satisfactory attendance in general educational 49.14 development diploma classes or an adult diploma program; 49.15 (21) satisfactory attendance at secondary school, if the 49.16 participant has not received a high school diploma; 49.17 (22) adult basic education classes; 49.18 (23) internships; 49.19 (24) bilingual employment and training services; 49.20 (25) providing child care services to a participant who is 49.21 working in a community service program; and 49.22 (26) activities included in an alternative employment plan 49.23 that is developed under section 256J.52, subdivision 6. 49.24 Sec. 4. Minnesota Statutes 2002, section 268.0111, 49.25 subdivision 4, is amended to read: 49.26 Subd. 4. [EMPLOYMENT AND TRAINING SERVICES.] "Employment 49.27 and training services" means programs, activities, and services 49.28 related to job training, job placement, and job creation 49.29 including job service programs, Job Training Partnership Act 49.30 programs, wage subsidies, job search, counseling, case 49.31 management, community work experience programs,displaced49.32homemaker programs,disadvantaged job training programs, grant 49.33 diversion, youth employment programs, conservation corps, 49.34 apprenticeship programs, community development corporations, 49.35 economic development programs, and opportunities 49.36 industrialization centers. 50.1 Sec. 5. Minnesota Statutes 2002, section 268.665, 50.2 subdivision 2, is amended to read: 50.3 Subd. 2. [MEMBERSHIP.] The governor's workforce 50.4 development council is composed of 33 members appointed by the 50.5 governor. The members may be removed pursuant to section 50.6 15.059. In selecting the representatives of the council, the 50.7 governor shall ensure that 50 percent of the members come from 50.8 nominations provided by local workforce councils. Local 50.9 education representatives shall come from nominations provided 50.10 by local education to employment partnerships. The 33 members 50.11 shall represent the following sectors: 50.12 (a) State agencies: the following individuals shall serve 50.13 on the council: 50.14 (1) commissioner of the Minnesota department of economic 50.15 security; 50.16 (2) commissioner of the Minnesota department of children, 50.17 families, and learning; 50.18 (3) commissioner of the Minnesota department of human 50.19 services; and 50.20 (4) commissioner of the Minnesota department of trade and 50.21 economic development. 50.22 (b) Business and industry: six individuals shall represent 50.23 the business and industry sectors of Minnesota. 50.24 (c) Organized labor: six individuals shall represent labor 50.25 organizations of Minnesota. 50.26 (d) Community-based organizations: four individuals shall 50.27 represent community-based organizations of Minnesota. 50.28 Community-based organizations are defined by the Job Training 50.29 Partnership Act as private nonprofit organizations that are 50.30 representative of communities or significant segments of 50.31 communities and that provide job training services, agencies 50.32 serving youth, agencies serving individuals with disabilities, 50.33agencies serving displaced homemakers,union-related 50.34 organizations, and employer-related nonprofit organizations and 50.35 organizations serving nonreservation Indians and tribal 50.36 governments. 51.1 (e) Education: six individuals shall represent the 51.2 education sector of Minnesota as follows: 51.3 (1) one individual shall represent local public secondary 51.4 education; 51.5 (2) one individual shall have expertise in design and 51.6 implementation of school-based service-learning; 51.7 (3) one individual shall represent post-secondary 51.8 education; 51.9 (4) one individual shall represent secondary/post-secondary 51.10 vocational institutions; 51.11 (5) the chancellor of the board of trustees of the 51.12 Minnesota state colleges and universities; and 51.13 (6) one individual shall have expertise in agricultural 51.14 education. 51.15 (f) Other: two individuals shall represent other 51.16 constituencies including: 51.17 (1) units of local government; and 51.18 (2) applicable state or local programs. 51.19 The speaker and the minority leader of the house of 51.20 representatives shall each appoint a representative to serve as 51.21 an ex officio member of the council. The majority and minority 51.22 leaders of the senate shall each appoint a senator to serve as 51.23 an ex officio member of the council. After January 1, 1997, the 51.24 Minnesota director of the corporation for national service shall 51.25 also serve as an ex officio member. 51.26 (g) Appointment: each member shall be appointed for a term 51.27 of three years from the first day of January or July immediately 51.28 following their appointment. Elected officials shall forfeit 51.29 their appointment if they cease to serve in elected office. 51.30 (h) Members of the council are compensated as provided in 51.31 section 15.059, subdivision 3. 51.32 Sec. 6. [REPEALER.] 51.33 Minnesota Statutes 2002, section 268.96, is repealed.