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Minnesota Legislature

Office of the Revisor of Statutes

SF 2081

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:34pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8
2.9 2.10
2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21
2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29
11.30 11.31 11.32 11.33
12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10
13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9
16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16
17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33
18.1 18.2 18.3 18.4
18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 19.1 19.2 19.3 19.4 19.5 19.6
19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14
19.15
19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21
20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10
21.11
21.12 21.13 21.14 21.15
21.16 21.17
21.18 21.19
21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30
22.1 22.2
22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19
22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33
23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13
23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27
23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22
24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31
24.32 24.33
24.34 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8
25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10
26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30
26.31 26.32 26.33 26.34 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10
27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 28.36 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 30.36 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 31.36 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20
32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 33.36
34.1 34.2 34.3 34.4 34.5 34.6 34.7
34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27
34.28 34.29 34.30 34.31 34.32 34.33 34.34 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22
35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32
35.33 35.34 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8
36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33
37.34 38.1 38.2 38.3 38.4 38.5 38.6
38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 39.1 39.2 39.3 39.4 39.5 39.6
39.7 39.8 39.9 39.10 39.11
39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21
40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23
41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 42.1 42.2 42.3 42.4
42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 43.1 43.2 43.3 43.4 43.5 43.6
43.7 43.8 43.9 43.10
43.11 43.12 43.13
43.14 43.15
43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8
44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 45.1 45.2 45.3 45.4 45.5 45.6
45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21
45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 46.1
46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31
46.32 46.33 46.34 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31
47.32 47.33
47.34 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20
48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 49.1 49.2 49.3 49.4
49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26
50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18
51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27
51.28 51.29 51.30 51.31 51.32 51.33 51.34 52.1 52.2 52.3 52.4 52.5 52.6 52.7
52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35 53.1 53.2 53.3 53.4
53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19
53.20 53.21 53.22 53.23 53.24 53.25 53.26
53.27 53.28
53.29 53.30 53.31 53.32 54.1 54.2
54.3 54.4 54.5 54.6
54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 55.1 55.2 55.3 55.4 55.5 55.6
55.7 55.8 55.9 55.10 55.11 55.12
55.13 55.14 55.15 55.16 55.17 55.18 55.19
55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28
55.29 55.30 56.1 56.2 56.3
56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21
56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 57.1 57.2
57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22
57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 58.1 58.2
58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15
59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35
60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 60.35 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25
61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 62.1 62.2 62.3
62.4 62.5 62.6 62.7 62.8 62.9 62.10
62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18
62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31
62.32 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34
63.35 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25
64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35
65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12
65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 66.1 66.2 66.3 66.4
66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27
66.28 66.29 66.30 66.31 66.32 66.33 66.34 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12
67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17
68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 69.1 69.2 69.3 69.4 69.5 69.6
69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8
71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16
71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28
71.29 71.30 71.31 71.32 72.1 72.2 72.3 72.4
72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24
73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 74.36 75.1 75.2 75.3 75.4 75.5 75.6
75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20
75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31
76.32 76.33 76.34 76.35 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 77.36 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21
78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11
79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26
79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34
80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8
80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22
80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 81.1 81.2 81.3 81.4 81.5 81.6 81.7
81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29
81.30 81.31 81.32 81.33 81.34 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26
82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20
83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31
83.32 83.33 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12
84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22
84.23 84.24 84.25
84.26 84.27 84.28
84.29 84.30 84.31
85.1 85.2
85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16
85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9
86.10 86.11 86.12
86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9
87.10
87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34
88.1 88.2 88.3 88.4 88.5 88.6 88.7
88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32
88.33 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20
89.21
89.22 89.23 89.24 89.25 89.26
89.27
89.28 89.29 89.30 89.31 89.32 90.1 90.2
90.3
90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32
90.33
91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18
91.19
91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 92.1 92.2
92.3
92.4 92.5 92.6 92.7
92.8
92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 93.36 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 94.35
94.36
95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 95.34 95.35 95.36 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 96.35 96.36 97.1 97.2
97.3
97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12
97.13
97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20
98.21
98.22 98.23 98.24 98.25 98.26
98.27
98.28 98.29 98.30 98.31 98.32 98.33 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16
99.17
99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24
100.25
100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 101.36 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 102.35 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17
103.18
103.19 103.20
103.21 103.22 103.23 103.24 103.25
103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 104.35 104.36 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8
105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18
105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26
105.27 105.28 105.29 105.30 105.31 105.32 105.33 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15
106.16 106.17 106.18 106.19
106.20 106.21 106.22 106.23 106.24 106.25
106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3
107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 107.35 108.1 108.2 108.3 108.4 108.5
108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22
108.23 108.24 108.25
108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33
109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10
109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19
110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 111.35 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 112.34 112.35 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12
113.13 113.14 113.15 113.16 113.17
113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 114.35
115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 115.34 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26
116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 116.35 117.1 117.2
117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 117.35 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27
118.28 118.29 118.30 118.31 118.32 118.33 118.34 118.35 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8
119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 119.35 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 120.35 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 121.35 121.36 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26
122.27 122.28 122.29 122.30 122.31 122.32 122.33 122.34 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15
123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 123.34 123.35 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12
124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15
125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16
126.17 126.18 126.19 126.20
126.21 126.22 126.23 126.24 126.25 126.26 126.27
126.28 126.29 126.30 126.31 126.32 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30
127.31 127.32 127.33 127.34 127.35 128.1 128.2 128.3 128.4 128.5
128.6 128.7
128.8 128.9
128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9
129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22
130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11
131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 132.1 132.2 132.3 132.4 132.5
132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11
133.12
133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27
133.28 133.29 133.30 133.31 133.32 133.33 133.34 134.1 134.2
134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11
134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21
134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32
135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8
135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18
135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11
136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 136.35
137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8
137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23
137.24 137.25 137.26 137.27 137.28 137.29 137.30
137.31 137.32 137.33 138.1 138.2 138.3 138.4 138.5 138.6 138.7
138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20
138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32
139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8
139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 139.34 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27
140.28 140.29 140.30 140.31 140.32 140.33 140.34
141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34 141.35 141.36
142.1 142.2 142.3 142.4 142.5 142.6 142.7
142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19
142.20 142.21 142.22 142.23
142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16
143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25
143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16
144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30
144.31 144.32 144.33 144.34 145.1 145.2
145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17
145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19
146.20
146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31
146.32 146.33 146.34 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8
147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16
147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28
147.29 147.30 147.31 147.32 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 148.36 149.1 149.2 149.3 149.4 149.5
149.6 149.7 149.8 149.9 149.10 149.11 149.12
149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26
149.27 149.28 149.29 149.30 149.31 149.32 149.33 150.1 150.2 150.3 150.4 150.5 150.6
150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22
150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10
151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 151.35 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21
152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30
152.31 152.32 152.33 152.34 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 153.34 153.35 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33 154.34 154.35
155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 156.35 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 157.34 157.35
158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 158.35 158.36 159.1
159.2
159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15
159.16 159.17 159.18 159.19
159.20 159.21 159.22 159.23 159.24

A bill for an act
relating to economic development and housing; establishing and modifying
certain programs; providing for regulation of certain activities and practices;
amending certain unemployment insurance provisions; providing for accounts,
assessments, and fees; changing codes and licensing provisions; amending Iron
Range resources provisions; regulating debt management and debt settlement
services; increasing certain occupation license fees; making technical changes;
providing penalties; appropriating money; amending Minnesota Statutes 2008,
sections 15.75, subdivision 5; 16B.54, subdivision 2; 45.011, subdivision 1;
45.027, subdivision 1; 46.04, subdivision 1; 46.05; 46.131, subdivision 2; 84.94,
subdivision 3; 115C.08, subdivision 4; 116J.035, subdivisions 1, 6; 116J.401,
subdivision 2; 116J.424; 116J.435, subdivisions 2, 3; 116J.68, subdivision 2;
116J.8731, subdivisions 2, 3; 116L.03, subdivision 5; 116L.05, subdivision 5;
116L.871, subdivision 1; 116L.96; 123A.08, subdivision 1; 124D.49, subdivision
3; 129D.13, subdivisions 1, 2, 3; 129D.14, subdivisions 4, 5, 6; 129D.155;
154.44, subdivision 1; 160.16, by adding a subdivision; 160.276, subdivision
8; 241.27, subdivision 1; 248.061, subdivision 3; 248.07, subdivisions 7, 8;
256J.626, subdivision 4; 256J.66, subdivision 1; 268.031; 268.035, subdivisions
2, 17, by adding subdivisions; 268.042, subdivision 3; 268.043; 268.044,
subdivision 2; 268.047, subdivisions 1, 2; 268.051, subdivisions 1, 4; 268.052,
subdivision 2; 268.053, subdivision 1; 268.057, subdivisions 4, 5; 268.0625,
subdivision 1; 268.066; 268.067; 268.069, subdivision 1; 268.07, subdivisions
1, 2, 3, 3b; 268.084; 268.085, subdivisions 1, 2, 3, 3a, 4, 5, 6, 15; 268.095,
subdivisions 1, 2, 4, 10, 11; 268.101, subdivisions 1, 2; 268.103, subdivision 1, by
adding a subdivision; 268.105, subdivisions 1, 2, 3a, 4; 268.115, subdivision 5;
268.125, subdivision 5; 268.135, subdivision 4; 268.145, subdivision 1; 268.18,
subdivisions 1, 2, 4a; 268.186; 268.196, subdivisions 1, 2; 268.199; 268.211;
268A.06, subdivision 1; 270.97; 298.22, subdivisions 2, 5a, 6, 7, 8, 10, 11;
298.221; 298.2211, subdivision 3; 298.2213, subdivision 4; 298.2214, by adding
a subdivision; 298.223; 298.227; 298.28, subdivision 9d; 298.292, subdivision 2;
298.294; 298.296, subdivision 2; 298.2961; 325E.115, subdivision 1; 325E.1151,
subdivisions 1, 3, 4; 325E.311, subdivision 6; 326B.33, subdivisions 13, 19;
326B.46, subdivision 4; 326B.475, subdivisions 4, 7; 326B.49, subdivision
1; 326B.56, subdivision 4; 326B.58; 326B.815, subdivision 1; 326B.821,
subdivision 2; 326B.86, subdivision 1; 326B.885, subdivision 2; 326B.89,
subdivisions 3, 16; 326B.94, subdivision 4; 326B.972; 326B.986, subdivisions 2,
5, 8; 327B.04, subdivisions 7, 8, by adding a subdivision; 327C.03, by adding a
subdivision; 327C.095, subdivision 12; 332A.02, subdivisions 5, 8, 9, 10, 13,
by adding subdivisions; 332A.04, subdivision 6; 332A.08; 332A.10; 332A.11,
subdivision 2; 332A.14; 469.169, subdivision 3; Laws 1998, chapter 404, section
23, subdivision 6, as amended; proposing coding for new law in Minnesota
Statutes, chapters 1; 116J; 137; 161; 268; 298; 326B; proposing coding for new
law as Minnesota Statutes, chapter 332B; repealing Minnesota Statutes 2008,
sections 116J.402; 116J.413; 116J.58, subdivision 1; 116J.59; 116J.61; 116J.656;
116L.16; 116L.88; 116U.65; 129D.13, subdivision 4; 176.135, subdivision 1b;
268.085, subdivision 14; 268.086; Minnesota Rules, part 1350.8300.

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

ARTICLE 1

ECONOMIC DEVELOPMENT AND HOUSING

Section 1. new text begin SUMMARY OF APPROPRIATIONS.
new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

new text begin 2010
new text end
new text begin 2011
new text end
new text begin Total
new text end
new text begin General
new text end
new text begin $
new text end
new text begin 154,697,000
new text end
new text begin $
new text end
new text begin 153,031,000
new text end
new text begin $
new text end
new text begin 307,728,000
new text end
new text begin Workforce Development
new text end
new text begin 17,007,000
new text end
new text begin 17,257,000
new text end
new text begin 34,264,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end
new text begin 1,400,000
new text end
new text begin Petroleum Tank Release
Clean-Up Fund
new text end
new text begin 1,084,000
new text end
new text begin 1,084,000
new text end
new text begin 2,168,000
new text end
new text begin Workers' Compensation
new text end
new text begin 23,325,000
new text end
new text begin 23,325,000
new text end
new text begin 46,650,000
new text end
new text begin Total
new text end
new text begin $
new text end
new text begin 196,813,000
new text end
new text begin $
new text end
new text begin 195,397,000
new text end
new text begin $
new text end
new text begin 392,210,000
new text end

Sec. 2. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2010
new text end
new text begin 2011
new text end

Sec. 3. new text beginEMPLOYMENT AND ECONOMIC
DEVELOPMENT
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 59,489,000
new text end
new text begin $
new text end
new text begin 58,439,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 42,782,000
new text end
new text begin 41,732,000
new text end
new text begin Workforce
Development
new text end
new text begin 16,007,000
new text end
new text begin 16,007,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Business and Community
Development
new text end

new text begin 10,251,000
new text end
new text begin 9,501,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 9,551,000
new text end
new text begin 8,801,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end

new text begin (a) $700,000 the first year and $700,000 the
second year are from the remediation fund for
contaminated site cleanup and development
grants under Minnesota Statutes, section
116J.554. This appropriation is available
until expended.
new text end

new text begin (b) $175,000 each year is for a grant to
WomenVenture for women's business
development programs and for programs
that encourage and assist women to
enter nontraditional careers in the trades;
manual and technical occupations;
science, technology, engineering, and
mathematics-related occupations; and green
jobs. This appropriation may be matched
dollar for dollar with any resources available
from the federal government for these
purposes with priority given to initiatives
that have a goal of increasing by at least ten
percent the number of women in occupations
where women currently comprise less than 25
percent of the workforce. The appropriation
is available until expended.
new text end

new text begin (c) $200,000 the first year and $200,000
the second year are for a grant to the
Metropolitan Economic Development
Association for continuing minority business
development programs in the metropolitan
area.
new text end

new text begin (d) $500,000 the first year and $500,000 the
second year are for a grant to the BioBusiness
Alliance of Minnesota for bioscience
business development programs to promote
and position the state as a global leader in
bioscience business activities.
new text end

new text begin (e) Of the money available in the Minnesota
Investment Fund, Minnesota Statutes, section
116J.8731, to the commissioner of the
Department of Employment and Economic
Development, $3,000,000 is appropriated
in fiscal year 2010 for a loan to an aircraft
manufacturing and assembly company,
associated with the aerospace industry, for
equipment utilized to establish an aircraft
completion center at the Minneapolis-St.
Paul International Airport. The finishing
center must use the state's vocational training
programs designed specifically for aircraft
maintenance training, and to the extent
possible, work to recruit employees from
these programs. The center must create at
least 200 new manufacturing jobs within 24
months of receiving the loan, and create not
less than 500 new manufacturing jobs over a
five-year period in Minnesota.
new text end

new text begin This loan is not subject to loan limitations
under Minnesota Statutes, section 116J.8731,
subdivision 5. Any match requirements
under Minnesota Statutes, section 116J.8731,
subdivision 3, may be made from current
resources. This is a onetime appropriation
and is effective the day following final
enactment.
new text end

new text begin (f) $79,000 the first year and $79,000 the
second year are for grants to the Minnesota
Inventors Congress. Of this amount, $10,000
each year is for the Student Inventors
Congress.
new text end

new text begin (g) $375,000 the first year and $375,000 the
second year are for the Office of Science and
Technology. These amounts are added to the
agency's budget base.
new text end

new text begin (h) $500,000 the first year and $500,000 the
second year are for a grant to Enterprise
Minnesota, Inc., for the small business
growth acceleration program under
Minnesota Statutes, section 116O.115. These
amounts are added to the agency's budget
base.
new text end

new text begin (i) $250,000 the first year and $250,000
the second year are for a grant to the Rural
Policy and Development Center at St. Peter,
Minnesota, under Minnesota Statutes, section
116J.421.
new text end

new text begin (j) $350,000 the first year is for a grant
to the city of Hugo to be used for relief
from damages caused by the May 25, 2008,
tornado. This is a onetime appropriation and
is available until expended. The city of Hugo
may reimburse Oneka Elementary School up
to $7,800 for costs attributable to the tornado.
new text end

new text begin (k) $300,000 the first year is for a grant
to Minnesota State University, Mankato,
for the International Renewable Energy
Technical Institute (IRETI) to be located
at the university. The institute is a
public and private partnership to support
applied research in renewable energy and
energy efficiency, to aid in the transfer of
technology from Sweden to Minnesota, and
to support technology commercialization
from companies located in Minnesota and
throughout the world. This is a onetime
appropriation.
new text end

new text begin (l) $100,000 is for the commissioner of
employment and economic development to
develop the program in article 8, section
50, to make grants for up to five projects
statewide available to local government units
to mitigate the impacts of transportation
construction on local small business. This
is a onetime appropriation and is available
until expended.
new text end

new text begin Subd. 3. new text end

new text begin Workforce Development
new text end

new text begin 46,812,000
new text end
new text begin 46,512,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 30,805,000
new text end
new text begin 30,505,000
new text end
new text begin Workforce
Development
new text end
new text begin 16,007,000
new text end
new text begin 16,007,000
new text end

new text begin (a) $4,562,000 the first year and $4,562,000
the second year are for the Minnesota job
skills partnership program under Minnesota
Statutes, sections 116L.01 to 116L.17. If the
appropriation for either year is insufficient,
the appropriation for the other year is
available for it. This appropriation is
available until expended.
new text end

new text begin (b) $8,800,000 the first year and $8,800,000
the second year are for the state's vocational
rehabilitation program under Minnesota
Statutes, chapter 268A.
new text end

new text begin (c) $5,986,000 the first year and $5,986,000
the second year are for the state services for
the blind activities.
new text end

new text begin (d) $2,380,000 the first year and $2,380,000
the second year are for grants to centers for
independent living under Minnesota Statutes,
section 268A.11.
new text end

new text begin (e) $455,000 the first year and $455,000 the
second year are for a grant under Minnesota
Statutes, section 116J.8747, to Twin Cities
RISE! to provide training to hard-to-train
individuals.
new text end

new text begin (f) $250,000 the first year and $250,000
the second year are for a grant to Northern
Connections in Perham to implement and
operate a pilot workforce program that
provides one-stop supportive services
to individuals as they transition into the
workforce.
new text end

new text begin (g) $375,000 the first year and $375,000
the second year are for a grant to Ramsey
County Workforce Investment Board for the
development of the building lives program.
This appropriation is added to the agency's
budget base.
new text end

new text begin (h) $150,000 the first year and $150,000 the
second year are for a grant to Advocating
Change Together for training, technical
assistance, and resource materials for persons
with developmental and mental illness
disabilities.
new text end

new text begin (i) $5,627,000 each year is from the general
fund and $6,830,000 each year is from the
workforce development fund for extended
employment services for persons with severe
disabilities or related conditions under
Minnesota Statutes, section 268A.15. Of
the general fund appropriation, $125,000
each year is to supplement funds paid for
wage incentives for the community support
fund established in Minnesota Rules, part
3300.2045.
new text end

new text begin (j) $250,000 the first year and $100,000
the second year are for grants to Minnesota
Diversified Industries, Inc., to provide
progressive development and employment
opportunities for people with disabilities.
This appropriation is available in either
year of the biennium. The budget base
for Minnesota Diversified Industries, Inc.,
is $175,000 each year in the 2012-2013
biennium.
new text end

new text begin (k) $1,600,000 the first year and $1,600,000
the second year are for grants to programs
that provide employment support services to
persons with mental illness under Minnesota
Statutes, sections 268A.13 and 268A.14.
Up to $77,000 each year may be used for
administrative expenses.
new text end

new text begin (l) $75,000 the first year and $75,000 the
second year are for a grant to MN Works!, a
nonprofit organization that works on behalf
of all licensed vendors in order to increase
employment opportunities for persons
with disabilities. These appropriations are
available in either year of the biennium and
are added to the agency's budget base.
new text end

new text begin (m) $145,000 each year is from the general
fund and $163,000 each year is from
the workforce development fund for a
grant under Minnesota Statutes, section
268A.03, to Rise, Inc. for the Minnesota
Employment Center for People Who are Deaf
or Hard-of-Hearing. Money not expended
the first year is available the second year.
new text end

new text begin (n) $350,000 the first year and $350,000
the second year are from the workforce
development fund for a grant to Lifetrack
Resources for its immigrant and refugee
collaborative program, including those
related to job-seeking skills and workplace
orientation, intensive job development,
functional work English, and on-site job
coaching.
new text end

new text begin (o) $3,255,000 the first year and $3,255,000
the second year are from the workforce
development fund for the Minnesota youth
program under Minnesota Statutes, sections
116L.56 and 116L.561.
new text end

new text begin (p) $1,250,000 the first year and $1,250,000
the second year are from the workforce
development fund for the Opportunities
Industrialization Center programs.
new text end

new text begin (q) $1,200,000 the first year and $1,200,000
the second year are from the workforce
development fund for grants for the
Minneapolis summer youth employment
program. The grants shall be used to fund
up to 500 jobs for youth each summer. Of
this appropriation, $300,000 each year is for
a grant to the learn-to-earn summer youth
employment program. The commissioner
shall establish criteria for awarding the
grants. This appropriation is available in
either year of the biennium and is available
until spent.
new text end

new text begin (r) $1,000,000 each year from the workforce
development fund is for a grant to the
Minnesota Alliance of Boys and Girls
Clubs to administer a statewide project
of youth jobs skills development. This
project, which may have career guidance
components, including health and life skills,
is to encourage, train, and assist youth in
job-seeking skills, workplace orientation,
and job-site knowledge through coaching.
This grant requires a 25 percent match from
nonstate resources.
new text end

new text begin (s) $558,000 the first year and $558,000
the second year are from the workforce
development fund for grants to fund summer
youth employment in St. Paul. The grants
shall be used to fund up to 500 jobs for
youth each summer. The commissioner shall
establish criteria for awarding the grants.
This appropriation is available in either year
of the biennium and is available until spent.
new text end

new text begin (t) $1,075,000 the first year and $1,075,000
the second year are from the workforce
development fund for the youthbuild
program under Minnesota Statutes, sections
116L.361 to 116L.366.
new text end

new text begin (u) $326,000 the first year and $326,000
the second year are from the workforce
development fund for grants to provide
interpreters for a regional transition program
that specializes in providing culturally
appropriate transition services leading to
employment for deaf, hard-of-hearing, and
deaf-blind students.
new text end

new text begin (v) $150,000 in the first year is for a grant
to Lutheran Social Service of Minnesota to
increase capacity statewide for budget and
debt counseling, debt management planning,
and other debt management services. This
is a onetime appropriation and is available
until expended.
new text end

new text begin (w) The first $1,450,000 deposited in each
year of the biennium into the contingent
account created under Minnesota Statutes,
section 268.199, must be transferred
before the closing of each fiscal year to
the workforce development fund created
under Minnesota Statutes, section 116L.20.
Deposits in excess of $1,450,000 must be
transferred before the closing of each fiscal
year to the general fund.
new text end

new text begin Subd. 4. new text end

new text begin State-Funded Administration
new text end

new text begin 2,426,000
new text end
new text begin 2,426,000
new text end

new text begin The transfer of funds to the governor's office
for the Washington, D.C. office function is
$20,000 each year.
new text end

Sec. 4. new text beginPUBLIC FACILITIES AUTHORITY
new text end

new text begin $
new text end
new text begin 93,000
new text end
new text begin $
new text end
new text begin 93,000
new text end

new text begin For the small community wastewater
treatment program under Minnesota Statutes,
chapter 446A.
new text end

Sec. 5. new text beginEXPLORE MINNESOTA TOURISM
new text end

new text begin $
new text end
new text begin 12,217,000
new text end
new text begin $
new text end
new text begin 12,217,000
new text end

new text begin (a) Of this amount, $12,000 each year is for a
grant to the Upper Minnesota Film Office.
new text end

new text begin (b) To develop maximum private sector
involvement in tourism, $500,000 the first
year and $500,000 the second year must
be matched by Explore Minnesota Tourism
from nonstate sources. Each $1 of state
incentive must be matched with $3 of private
sector funding. Cash match is defined as
revenue to the state or documented cash
expenditures directly expended to support
Explore Minnesota Tourism programs. Up
to one-half of the private sector contribution
may be in-kind or soft match. The incentive
in the first year shall be based on fiscal
year 2009 private sector contributions. The
incentive in the second year will be based on
fiscal year 2010 private sector contributions.
This incentive is ongoing.
new text end

new text begin Funding for the marketing grants is available
either year of the biennium. Unexpended
grant funds from the first year are available
in the second year.
new text end

new text begin Unexpended money from the general fund
appropriations made under this section
does not cancel but must be placed in a
special marketing account for use by Explore
Minnesota Tourism for additional marketing
activities.
new text end

new text begin (c) $325,000 the first year and $325,000 the
second year are for the Minnesota Film and
TV Board. The appropriation in each year
is available only upon receipt by the board
of $1 in matching contributions of money or
in-kind contributions from nonstate sources
for every $3 provided by this appropriation.
new text end

new text begin (d) $2,475,000 the first year and $2,475,000
the second year are for a grant to the
Minnesota Film and TV Board for the
film jobs production program under
Minnesota Statutes, section 116U.26. These
appropriations are available in either year
of the biennium and are available until
expended.
new text end

Sec. 6. new text beginHOUSING FINANCE AGENCY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 42,560,000
new text end
new text begin $
new text end
new text begin 42,560,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin This appropriation is for transfer to the
housing development fund for the programs
specified. Except as otherwise indicated, this
transfer is part of the agency's permanent
budget base. The agency's budget base is
$42,710,000 in each year of the 2012-2013
biennium.
new text end

new text begin Subd. 2. new text end

new text begin Challenge Program
new text end

new text begin 6,769,000
new text end
new text begin 6,769,000
new text end

new text begin For the economic development and housing
challenge program under Minnesota
Statutes, section 462A.33. Of this amount,
$1,395,000 each year shall be made available
during the first eight months of the fiscal
year exclusively for housing projects for
American Indians. Any funds not committed
to housing projects for American Indians in
the first eight months of the fiscal year shall
be available for any eligible activity under
Minnesota Statutes, section 462A.33.
new text end

new text begin Subd. 3. new text end

new text begin Housing Trust Fund
new text end

new text begin 10,805,000
new text end
new text begin 10,805,000
new text end

new text begin For deposit in the housing trust fund account
created under Minnesota Statutes, section
462A.201, and used for the purposes
provided in that section.
new text end

new text begin $250,000 the first year and $250,000 the
second year are for a grant to a nonprofit
organization for a demonstration project for
high-risk adults under Laws 2007, chapter
54, article 1, section 19.
new text end

new text begin Subd. 4. new text end

new text begin Rental Assistance for Mentally Ill
new text end

new text begin 2,638,000
new text end
new text begin 2,638,000
new text end

new text begin For a rental housing assistance program for
persons with a mental illness or families with
an adult member with a mental illness under
Minnesota Statutes, section 462A.2097.
new text end

new text begin Subd. 5. new text end

new text begin Family Homeless Prevention
new text end

new text begin 7,465,000
new text end
new text begin 7,465,000
new text end

new text begin For the family homeless prevention and
assistance programs under Minnesota
Statutes, section 462A.204.
new text end

new text begin Subd. 6. new text end

new text begin Home Ownership Assistance Fund
new text end

new text begin 835,000
new text end
new text begin 835,000
new text end

new text begin For the home ownership assistance program
under Minnesota Statutes, section 462A.21,
subdivision 8.
new text end

new text begin Subd. 7. new text end

new text begin Affordable Rental Investment Fund
new text end

new text begin 8,646,000
new text end
new text begin 8,646,000
new text end

new text begin For the affordable rental investment fund
program under Minnesota Statutes, section
462A.21, subdivision 8b. The appropriation
is to finance the acquisition, rehabilitation,
and debt restructuring of federally assisted
rental property and for making equity
take-out loans under Minnesota Statutes,
section 462A.05, subdivision 39.
new text end

new text begin The owner of federally assisted rental
property must agree to participate in
the applicable federally assisted housing
program and to extend any existing
low-income affordability restrictions on the
housing for the maximum term permitted.
The owner must also enter into an agreement
that gives local units of government,
housing and redevelopment authorities,
and nonprofit housing organizations the
right of first refusal if the rental property
is offered for sale. Priority must be given
among comparable federally assisted rental
properties to properties with the longest
remaining term under an agreement for
federal assistance. Priority must also be
given among comparable rental housing
developments to developments that are or
will be owned by local government units, a
housing and redevelopment authority, or a
nonprofit housing organization.
new text end

new text begin The appropriation also may be used to finance
the acquisition, rehabilitation, and debt
restructuring of existing supportive housing
properties. For purposes of this subdivision,
"supportive housing" means affordable rental
housing with links to services necessary for
individuals, youth, and families with children
to maintain housing stability.
new text end

new text begin Subd. 8. new text end

new text begin Housing Rehabilitation
new text end

new text begin 4,287,000
new text end
new text begin 4,287,000
new text end

new text begin For the housing rehabilitation program
under Minnesota Statutes, section 462A.05,
subdivision 14, for rental housing
developments.
new text end

new text begin Subd. 9. new text end

new text begin Homeownership Education,
Counseling, and Training
new text end

new text begin 865,000
new text end
new text begin 865,000
new text end

new text begin For the homeownership education,
counseling, and training program under
Minnesota Statutes, section 462A.209.
new text end

new text begin Subd. 10. new text end

new text begin Capacity Building Grants
new text end

new text begin 250,000
new text end
new text begin 250,000
new text end

new text begin For nonprofit capacity building grants
under Minnesota Statutes, section 462A.21,
subdivision 3b.
new text end

Sec. 7. new text beginLABOR AND INDUSTRY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 22,782,000
new text end
new text begin $
new text end
new text begin 23,032,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 911,000
new text end
new text begin 911,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 20,871,000
new text end
new text begin 20,871,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,000,000
new text end
new text begin 1,250,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Workers' Compensation
new text end

new text begin 14,890,000
new text end
new text begin 14,890,000
new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

new text begin Subd. 3. new text end

new text begin Labor Standards and Apprenticeship
new text end

new text begin 1,911,000
new text end
new text begin 2,161,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 911,000
new text end
new text begin 911,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,000,000
new text end
new text begin 1,250,000
new text end

new text begin The appropriation from the workforce
development fund is for the apprenticeship
program under Minnesota Statutes, chapter
178, and includes $100,000 each year for
labor education and advancement program
grants.
new text end

new text begin The appropriation increase from the
workforce development fund is for the
apprenticeship program under Minnesota
Statutes, chapter 178, and includes $250,000
in fiscal year 2010 and $500,000 in fiscal
year 2011 to expand and promote registered
apprenticeship training in nonconstruction
trade programs. These amounts are added to
the agency's budget base.
new text end

new text begin The commissioner must not reduce any
funding available for prevailing wage
enforcement and must fill all positions when
vacancies become available.
new text end

new text begin Subd. 4. new text end

new text begin General Support
new text end

new text begin 5,981,000
new text end
new text begin 5,981,000
new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

Sec. 8. new text beginBUREAU OF MEDIATION
SERVICES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 1,683,000
new text end
new text begin $
new text end
new text begin 1,683,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Mediation Services
new text end

new text begin 1,583,000
new text end
new text begin 1,583,000
new text end

new text begin Subd. 3. new text end

new text begin Labor Management Cooperation
Grants
new text end

new text begin 100,000
new text end
new text begin 100,000
new text end

new text begin $100,000 the first year and $100,000
the second year are for grants to area
labor-management committees. Grants may
be awarded for a 12-month period beginning
July 1 of each year. Any unencumbered
balance remaining at the end of the first
year does not cancel but is available for the
second year.
new text end

Sec. 9. new text beginWORKERS' COMPENSATION
COURT OF APPEALS
new text end

new text begin $
new text end
new text begin 1,703,000
new text end
new text begin $
new text end
new text begin 1,703,000
new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

Sec. 10. new text beginMINNESOTA HISTORICAL
SOCIETY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 23,337,000
new text end
new text begin $
new text end
new text begin 23,221,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Education and Outreach
new text end

new text begin 13,122,000
new text end
new text begin 13,122,000
new text end

new text begin Subd. 3. new text end

new text begin Preservation and Access
new text end

new text begin 9,853,000
new text end
new text begin 9,853,000
new text end

new text begin Subd. 4. new text end

new text begin Fiscal Agent
new text end

new text begin (a) Minnesota International Center
new text end
new text begin 43,000
new text end
new text begin 43,000
new text end
new text begin (b) Minnesota Air National Guard Museum
new text end
new text begin 16,000
new text end
new text begin -0-
new text end
new text begin (c) Minnesota Military Museum
new text end
new text begin 100,000
new text end
new text begin -0-
new text end
new text begin (d) Farmamerica
new text end
new text begin 128,000
new text end
new text begin 128,000
new text end

new text begin (e) $75,000 the first year and $75,000 the
second year are for a grant to the city of
Eveleth to be used for the support of the
Hockey Hall of Fame Museum provided
that it continues to operate in the city. This
grant is in addition to and must not be
used to supplant funding under Minnesota
Statutes, section 298.28, subdivision 9c. This
appropriation is added to the society's budget
base.
new text end

new text begin (f) Balances Forward
new text end

new text begin Any unencumbered balance remaining in
this subdivision the first year does not cancel
but is available for the second year of the
biennium.
new text end

new text begin Subd. 5. new text end

new text begin Fund Transfer
new text end

new text begin The Minnesota Historical Society may
reallocate funds appropriated in and between
subdivisions 2 and 3 for any program
purposes and the appropriations are available
in either year of the biennium.
new text end

Sec. 11. new text beginBOARD OF THE ARTS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 9,303,000
new text end
new text begin $
new text end
new text begin 9,303,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Operations and Services
new text end

new text begin 651,000
new text end
new text begin 651,000
new text end

new text begin Subd. 3. new text end

new text begin Grants Program
new text end

new text begin 6,013,000
new text end
new text begin 6,013,000
new text end

new text begin Subd. 4. new text end

new text begin Regional Arts Councils
new text end

new text begin 2,639,000
new text end
new text begin 2,639,000
new text end

Sec. 12. new text beginHUMANITIES COMMISSION
new text end

new text begin $
new text end
new text begin 250,000
new text end
new text begin $
new text end
new text begin 250,000
new text end

Sec. 13. new text beginPUBLIC BROADCASTING
new text end

new text begin $
new text end
new text begin 2,515,000
new text end
new text begin $
new text end
new text begin 2,015,000
new text end

new text begin (a) $500,000 is for a grant to Minnesota
Public Radio to assist with conversion to a
digital broadcast signal. This is a onetime
appropriation.
new text end

new text begin (b) $1,161,000 the first year and $1,161,000
the second year are for matching grants for
public television.
new text end

new text begin (c) $200,000 the first year and $200,000
the second year are for public television
equipment grants. Equipment or matching
grant allocations shall be made after
considering the recommendations of the
Minnesota Public Television Association.
new text end

new text begin (d) $17,000 the first year and $17,000 the
second year are for grants to the Twin Cities
regional cable channel.
new text end

new text begin (e) $287,000 the first year and $287,000 the
second year are for community service grants
to public educational radio stations.
new text end

new text begin (f) $100,000 the first year and $100,000
the second year are for equipment grants to
public educational radio stations.
new text end

new text begin (g) The grants in paragraphs (e) and (f)
must be allocated after considering the
recommendations of the Association of
Minnesota Public Educational Radio Stations
under Minnesota Statutes, section 129D.14.
new text end

new text begin (h) $250,000 the first year and $250,000
the second year are for equipment grants to
Minnesota Public Radio, Inc.
new text end

new text begin (i) Any unencumbered balance remaining the
first year for grants to public television or
radio stations does not cancel and is available
for the second year.
new text end

Sec. 14. new text beginCOMMERCE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 18,642,000
new text end
new text begin $
new text end
new text begin 18,642,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 16,807,000
new text end
new text begin 16,807,000
new text end
new text begin Petroleum Cleanup
new text end
new text begin 1,084,000
new text end
new text begin 1,084,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 751,000
new text end
new text begin 751,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Financial Examinations
new text end

new text begin 6,637,000
new text end
new text begin 6,637,000
new text end

new text begin Subd. 3. new text end

new text begin Petroleum Tank Release Cleanup
Board
new text end

new text begin 1,084,000
new text end
new text begin 1,084,000
new text end

new text begin This appropriation is from the petroleum
tank release cleanup fund.
new text end

new text begin Subd. 4. new text end

new text begin Administrative Services
new text end

new text begin 4,300,000
new text end
new text begin 4,300,000
new text end

new text begin Subd. 5. new text end

new text begin Market Assurance
new text end

new text begin 6,621,000
new text end
new text begin 6,621,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 5,870,000
new text end
new text begin 5,870,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 751,000
new text end
new text begin 751,000
new text end

Sec. 15. new text beginBOARD OF ACCOUNTANCY
new text end

new text begin $
new text end
new text begin 505,000
new text end
new text begin $
new text end
new text begin 505,000
new text end

Sec. 16. new text beginBOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING,
LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN
new text end

new text begin $
new text end
new text begin 815,000
new text end
new text begin $
new text end
new text begin 815,000
new text end

Sec. 17. new text beginBOARD OF BARBER AND
COSMETOLOGIST EXAMINERS
new text end

new text begin $
new text end
new text begin 839,000
new text end
new text begin $
new text end
new text begin 839,000
new text end

Sec. 18. new text beginCOMBATIVE SPORTS
COMMISSION
new text end

new text begin new text end
new text begin $
new text end
new text begin 80,000
new text end
new text begin $
new text end
new text begin 80,000
new text end

Sec. 19. new text beginTRANSFERS
new text end

new text begin By June 30, 2010, the commissioner of
finance shall transfer $5,200,000, and by
June 30, 2011, and each year thereafter,
$5,050,000 of the unencumbered balance
in the workforce development fund to the
general fund.
new text end

new text begin By July 31, 2009, the commissioner of
finance shall transfer $500,000 from the
unexpended balance in the auto theft
prevention account to the general fund.
new text end

ARTICLE 2

EMPLOYMENT AND ECONOMIC DEVELOPMENT POLICY

Section 1.

Minnesota Statutes 2008, section 116J.435, subdivision 2, is amended to
read:


Subd. 2.

Definitions.

For purposes of this section:

(1) "local governmental unit" means a county, city, town, special district, new text beginpublic
higher education institution,
new text endor other political subdivision or public corporation;

(2) "governing body" means the council, board of commissioners, board of trustees,
new text begin board of regents, new text endor other body charged with governing a local governmental unit;

(3) "public infrastructure" means publicly owned physical infrastructure in this state,
including, but not limited to, wastewater collection and treatment systems, drinking water
systems, storm sewers, utility extensions, telecommunications infrastructure, streets,
roads, bridges, parking ramps, facilities that support basic science and clinical research,
and research infrastructure; and

(4) "eligible project" means a bioscience business development capital improvement
project in this state, including: manufacturing; technology; warehousing and distribution;
research and development; bioscience business incubator; agricultural bioprocessing; or
industrial, office, or research park development that would be used by a bioscience-based
business.

Sec. 2.

Minnesota Statutes 2008, section 116J.435, subdivision 3, is amended to read:


Subd. 3.

Grant program established.

(a) The commissioner shall make
competitive grants to local governmental units to acquire and prepare land on which
public infrastructure required to support an eligible project will be located, including
demolition of structures and remediation of any hazardous conditions on the land, or to
predesign, design, acquire, construct, furnish, and equip public infrastructure required to
support an eligible project. The local governmental unit receiving a grant must provide for
the remainder of the public infrastructure costsnew text begin from other sourcesnew text end.

(b) The amount of a grant may not exceed the lesser of the cost of the public
infrastructure or 50 percent of the sum of the cost of the public infrastructure plus the cost
of the completed eligible project.

(c) The purpose of the program is to keep or enhance jobs in the area, increase the
tax base, or to expand or create new economic development through the growth of new
bioscience businesses and organizations.

Sec. 3.

Minnesota Statutes 2008, section 116J.8731, subdivision 2, is amended to read:


Subd. 2.

Administration.

The commissioner shall administer the fund as part of
the Small Cities Development Block Grant Program. Funds shall be made available to
local communities and recognized Indian tribal governments in accordance with the rules
adopted for economic development grants in the small cities community development
block grant program, except that all units of general purpose local government are
eligible applicants for Minnesota investment funds. new text beginThe commissioner may also make
funds available within the department for eligible expenditures under section 116J.8731,
subdivision 3, clause (2).
new text endA home rule charter or statutory city, county, or town may loan
or grant money received from repayment of funds awarded under this section to a regional
development commission, other regional entity, or statewide community capital fund as
determined by the commissioner, to capitalize or to provide the local match required for
capitalization of a regional or statewide revolving loan fund.

Sec. 4.

Minnesota Statutes 2008, section 116J.8731, subdivision 3, is amended to read:


Subd. 3.

Eligible expenditures.

The money appropriated for this section may
be used to deleted text beginprovidedeleted text endnew text begin fund:
new text end

new text begin (1)new text end grants for infrastructure, loans, loan guarantees, interest buy-downs, and other
forms of participation with private sources of financing, provided that a loan to a private
enterprise must be for a principal amount not to exceed one-half of the cost of the project
for which financing is soughtdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) strategic investments in renewable energy market development, such as low
interest loans for renewable energy equipment manufacturing, training grants to support
renewable energy workforce, development of a renewable energy supply chain that
represents and strengthens the industry throughout the state, and external marketing to
garner more national and international investment into Minnesota's renewable sector.
Expenditures in external marketing for renewable energy market development are not
subject to the limitations in clause (1).
new text end

Sec. 5.

Minnesota Statutes 2008, section 248.07, subdivision 7, is amended to read:


Subd. 7.

Blind, vending stands and machines on governmental propertynew text begin;
liability limited
new text end.

new text begin(a) new text endNotwithstanding any other law, for the rehabilitation of blind persons
the commissioner shall have exclusive authority to establish and to operate vending
stands and vending machines in all buildings and properties owned or rented exclusively
by the Minnesota State Colleges and Universities at a state university, a community
college, a consolidated community technical college, or a technical college served by
the commissioner before January 1, 1996, or by any department or agency of the state
of Minnesota except the Department of Natural Resources properties operated directly
by the Division of State Parks and not subject to private leasing. deleted text beginThe merchandise to be
dispensed by such
deleted text end Vending stands and machines new text beginauthorized under this subdivision new text endmay
deleted text begin includedeleted text endnew text begin dispensenew text end nonalcoholic beverages, food, candies, tobacco, souvenirs, notions and
related itemsdeleted text begin. Such vending stands and vending machines herein authorized shalldeleted text end new text beginand
must
new text endbe operated on the same basis as other vending stands for the blind established and
supervised by the commissioner under federal law. The commissioner shall waive this
authority to displace any present private individual concessionaire in any state-owned or
rented building or property who is operating under a contract with a specific renewal or
termination date, until the renewal or termination date. With the consent of the governing
body of a governmental subdivision of the state, the commissioner may establish and
supervise vending stands and vending machines for the blind in any building or property
exclusively owned or rented by the governmental subdivision.

new text begin (b) The Department of Employment and Economic Development is not liable
under chapter 176 for any injury sustained by a blind vendor's employee or agent. The
Department of Employment and Economic Development, its officers, and its agents are
not liable for the acts or omissions of a blind vendor or of a blind vendor's employee or
agent that may result in the blind vendor's liability to third parties. The Department of
Employment and Economic Development, its officers, and its agents are not liable for
negligence based on any theory of liability for claims arising from the relationship created
under this subdivision with the blind vendor.
new text end

Sec. 6.

Minnesota Statutes 2008, section 268A.06, subdivision 1, is amended to read:


Subdivision 1.

Application.

Any city, town, county, nonprofit corporation,
regional treatment center, or any combination thereof, may apply to the commissioner for
assistance in establishing or operating a community rehabilitation facility. Application for
assistance deleted text beginshalldeleted text end new text beginmust new text endbe on forms prescribed by the commissioner. deleted text beginEach applicant shall
annually submit to the commissioner its plan and budget for the next fiscal year. No
deleted text end new text beginAn
new text endapplicant deleted text beginshall bedeleted text end new text beginis not new text endeligible for a grant deleted text beginhereunderdeleted text end new text beginunder this section new text endunless its deleted text beginplan
and budget
deleted text endnew text begin audited financial statements of the prior fiscal yearnew text end have been approved by
the commissioner.

ARTICLE 3

EMPLOYMENT AND ECONOMIC DEVELOPMENT TECHNICAL CHANGES

Section 1.

Minnesota Statutes 2008, section 15.75, subdivision 5, is amended to read:


Subd. 5.

Agreements with Department of Employment and Economic
Development.

The commissioner of employment and economic development may
enter into agreements with regional entities established under subdivision 4 to prepare
plans to ensure coordination of the department's business development, community
development, new text beginworkforce development, new text endand trade functions with programs of local units of
government and other public and private development agencies in the regions. The plans
will identify regional development priorities and serve as a guide for the implementation
of the department's programs in the regions.

Sec. 2.

Minnesota Statutes 2008, section 16B.54, subdivision 2, is amended to read:


Subd. 2.

Vehicles.

(a) The commissioner may direct an agency to make a transfer of
a passenger motor vehicle or truck currently assigned to it. The transfer must be made to
the commissioner for use in the central motor pool. The commissioner shall reimburse an
agency whose motor vehicles have been paid for with funds dedicated by the Constitution
for a special purpose and which are assigned to the central motor pool. The amount of
reimbursement for a motor vehicle is its average wholesale price as determined from the
midwest edition of the National Automobile Dealers Association official used car guide.

(b) To the extent that funds are available for the purpose, the commissioner may
purchase or otherwise acquire additional passenger motor vehicles and trucks necessary
for the central motor pool. The title to all motor vehicles assigned to or purchased or
acquired for the central motor pool is in the name of the Department of Administration.

(c) On the request of an agency, the commissioner may transfer to the central
motor pool any passenger motor vehicle or truck for the purpose of disposing of it. The
department or agency transferring the vehicle or truck must be paid for it from the motor
pool revolving account established by this section in an amount equal to two-thirds of the
average wholesale price of the vehicle or truck as determined from the midwest edition of
the National Automobile Dealers Association official used car guide.

(d) The commissioner shall provide for the uniform marking of all motor vehicles.
Motor vehicle colors must be selected from the regular color chart provided by the
manufacturer each year. The commissioner may further provide for the use of motor
vehicles without marking by:

(1) the governor;

(2) the lieutenant governor;

(3) the Division of Criminal Apprehension, the Division of Alcohol and Gambling
Enforcement, and arson investigators of the Division of Fire Marshal in the Department of
Public Safety;

(4) the Financial Institutions Division new text beginand investigative staff new text endof the Department
of Commerce;

(5) the Division of Disease Prevention and Control of the Department of Health;

(6) the State Lottery;

(7) criminal investigators of the Department of Revenue;

(8) state-owned community service facilities in the Department of Human Services;

deleted text begin (9) the investigative staff of the Department of Employment and Economic
Development;
deleted text end

deleted text begin (10)deleted text endnew text begin (9)new text end the Office of the Attorney General; and

deleted text begin (11)deleted text endnew text begin (10)new text end the investigative staff of the Gambling Control Board.

Sec. 3.

Minnesota Statutes 2008, section 84.94, subdivision 3, is amended to read:


Subd. 3.

Identification and classification.

The Department of Natural Resources,
with the cooperation of the state Geological Survey, deleted text beginDepartmentsdeleted text endnew text begin the Departmentnew text end of
Transportation, and deleted text beginEnergy, Planning and Developmentdeleted text endnew text begin the Department of Employment
and Economic Development
new text end, outside of the metropolitan area as defined in section
473.121, shall conduct a program of identification and classification of potentially valuable
publicly or privately owned aggregate lands located outside of urban or developed areas
where aggregate mining is restricted, without consideration of their present land use. The
program shall give priority to identification and classification in areas of the state where
urbanization or other factors are or may be resulting in a loss of aggregate resources to
development. Lands shall be classified as:

(1) identified resources, being those containing significant aggregate deposits;

(2) potential resources, being those containing potentially significant deposits and
meriting further evaluation; or

(3) subeconomic resources, being those containing no significant deposits.

As lands are classified, the information on the classification shall be transmitted to
each of the departments and agencies named in this subdivision, to the planning authority
of the appropriate county and municipality, and to the appropriate county engineer. The
county planning authority shall notify owners of land classified under this subdivision by
publication in a newspaper of general circulation in the county or by mail.

Sec. 4.

Minnesota Statutes 2008, section 116J.035, subdivision 6, is amended to read:


Subd. 6.

Receipt of gifts, moneynew text begin; appropriationnew text end.

new text begin(a) new text endThe commissioner maydeleted text begin
accept gifts, bequests, grants, payments for services, and other public and private money
to help finance the activities of the department.
deleted text endnew text begin:
new text end

new text begin (1) apply for, accept, and disburse gifts, bequests, grants, payments for services,
loans, or other property from the United States, the state, private foundations, or any
other source;
new text end

new text begin (2) enter into an agreement required for the gifts, grants, or loans; and
new text end

new text begin (3) hold, use, and dispose of its assets according to the terms of the gift, grant,
loan, or agreement.
new text end

new text begin (b) Money received by the commissioner under this subdivision must be deposited
in a separate account in the state treasury and invested by the State Board of Investment.
The amount deposited, including investment earnings, is appropriated to the commissioner
to carry out duties under this section.
new text end

Sec. 5.

Minnesota Statutes 2008, section 116J.401, subdivision 2, is amended to read:


Subd. 2.

Dutiesnew text begin; authorizations; limitationsnew text end.

new text begin(a) new text endThe commissioner of employment
and economic development shall:

(1) provide regional development commissions, the Metropolitan Council, and
units of local government with information, technical assistance, training, and advice on
using federal and state programs;

(2) receive and administer the Small Cities Community Development Block Grant
Program authorized by Congress under the Housing and Community Development Act of
1974, as amended;

(3) receive and administer the section 107 technical assistance program grants
authorized by Congress under the Housing and Community Development Act of 1974, as
amended;

(4) receive, administer, and supervise other state and federal grants and grant
programs for planning, community affairs, community development purposes,
employment and training services, and other state and federal programs assigned to the
department by law or by the governor in accordance with section 4.07;

(5) receive applications for state and federal grants and grant programs for planning,
community affairs, and community development purposes, and other state and federal
programs assigned to the department by law or by the governor in accordance with section
4.07;

(6) act as the agent of, and cooperate with, the federal government in matters of
mutual concern, including the administration of any federal funds granted to the state to
aid in the performance of functions of the commissioner;

(7) provide consistent, integrated employment and training services across the state;

(8) administer the Wagner-Peyser Act, the Workforce Investment Act, and other
federal employment and training programs;

(9) establish the standards for all employment and training services administered
under this chapter and chapters 116L, 248, 268, and 268A;

(10) administer the aspects of the Minnesota family investment program, general
assistance, and food stamps that relate to employment and training services, subject to the
contract under section 116L.86, subdivision 1;

(11) obtain reports from local service units and service providers for the purpose of
evaluating the performance of employment and training services;

(12) as requested, certify employment and training services, and decertify services
that fail to comply with performance criteria according to standards established by the
commissioner;

(13) develop standards for the contents and structure of the local service unit plans
and plans for Indian tribe employment and training services, review and comment on those
plans, and approve or disapprove the plans;

(14) supervise the county boards of commissioners, local service units, and any other
units of government designated in federal or state law as responsible for employment and
training programs;

(15) establish administrative standards and payment conditions for providers of
employment and training services;

(16) enter into agreements with Indian tribes as necessary to provide employment
and training services as appropriate funds become available;

(17) cooperate with the federal government and its employment and training
agencies in any reasonable manner as necessary to qualify for federal aid for employment
and training services and money;

(18) administer and supervise all forms of unemployment insurance provided for
under federal and state laws;

(19) provide current state and substate labor market information and forecasts, in
cooperation with other agencies;

(20) require all general employment and training programs that receive state funds
to make available information about opportunities for women in nontraditional careers
in the trades and technical occupations;

(21) consult with the Rehabilitation Council for the Blind on matters pertaining to
programs and services for the blind and visually impaired;

(22) enter into agreements with other departments of the state and local units of
government as necessary; deleted text beginand
deleted text end

(23) establish and maintain administrative units necessary to perform administrative
functions common to all divisions of the departmentdeleted text begin.deleted text endnew text begin;
new text end

new text begin (24) investigate, study, and undertake ways and means of promoting and encouraging
the prosperous development and protection of the legitimate interest and welfare of
Minnesota business, industry, and commerce, within and outside the state;
new text end

new text begin (25) locate markets for manufacturers and processors and aid merchants in locating
and contacting markets;
new text end

new text begin (26) as necessary or useful for the proper execution of the powers and duties of the
commissioner in promoting and developing Minnesota business, industry, and commerce,
both within and outside the state, investigate and study conditions affecting Minnesota
business, industry, and commerce; collect and disseminate information; and engage in
technical studies, scientific investigations, statistical research, and educational activities;
new text end

new text begin (27) plan and develop an effective business information service both for the direct
assistance of business and industry of the state and for the encouragement of business and
industry outside the state to use economic facilities within the state;
new text end

new text begin (28) compile, collect, and develop periodically, or otherwise make available,
information relating to current business conditions;
new text end

new text begin (29) conduct or encourage research designed to further new and more extensive uses
of the natural and other resources of the state and designed to develop new products
and industrial processes;
new text end

new text begin (30) study trends and developments in the industries of the state and analyze the
reasons underlying the trends;
new text end

new text begin (31) study costs and other factors affecting successful operation of businesses within
the state;
new text end

new text begin (32) make recommendations regarding circumstances promoting or hampering
business and industrial development;
new text end

new text begin (33) serve as a clearing house for business and industrial problems of the state;
new text end

new text begin (34) advise small business enterprises regarding improved methods of accounting
and bookkeeping;
new text end

new text begin (35) cooperate with interstate commissions engaged in formulating and promoting
the adoption of interstate compacts and agreements helpful to business, industry, and
commerce;
new text end

new text begin (36) cooperate with other state departments and with boards, commissions, and
other state agencies in the preparation and coordination of plans and policies for the
development of the state and for the use and conservation of its resources insofar as the
use, conservation, and development may be appropriately directed or influenced by a
state agency;
new text end

new text begin (37) in connection with state, county, and municipal public works projects, assemble
and coordinate information relative to the status, scope, cost, and employment possibilities
and availability of materials, equipment, and labor, and recommend limitations on the
public works;
new text end

new text begin (38) gather current progress information with reference to public and private
works projects of the state and its political subdivisions with reference to conditions of
employment;
new text end

new text begin (39) inquire into and report to the governor, when requested by the governor, with
respect to any program of public state improvements and its financing; and request
and obtain information from other state departments or agencies as may be needed for
the report;
new text end

new text begin (40) study changes in population and current trends and prepare plans and suggest
policies for the development and conservation of the resources of the state;
new text end

new text begin (41) confer and cooperate with the executive, legislative, or planning authorities of
the United States, neighboring states and provinces, and the counties and municipalities
of neighboring states, for the purpose of bringing about a coordination between the
development of neighboring provinces, states, counties, and municipalities and the
development of this state;
new text end

new text begin (42) generally gather, compile, and make available statistical information relating to
business, trade, commerce, industry, transportation, communication, natural resources,
and other like subjects in this state, with authority to call upon other state departments for
statistical data and results obtained by them and to arrange and compile that statistical
information in a reasonable manner;
new text end

new text begin (43) publish documents and annually convene regional meetings to inform
businesses, local government units, assistance providers, and other interested persons of
changes in state and federal law related to economic development;
new text end

new text begin (44) annually convene conferences of providers of economic development-related
financial and technical assistance for the purposes of exchanging information on economic
development assistance, coordinating economic development activities, and formulating
economic development strategies;
new text end

new text begin (45) provide business with information on the economic benefits of energy
conservation and on the availability of energy conservation assistance;
new text end

new text begin (46) as part of the biennial budget process, prepare performance measures for each
business loan or grant program within the jurisdiction of the commissioner. Measures
include source of funds for each program, number of jobs proposed or promised at the
time of application and the number of jobs created, estimated number of jobs retained, the
average salary and benefits for the jobs resulting from the program, and the number of
projects approved;
new text end

new text begin (47) provide a continuous program of education for business people;
new text end

new text begin (48) publish, disseminate, and distribute information and statistics;
new text end

new text begin (49) promote and encourage the expansion and development of markets for
Minnesota products;
new text end

new text begin (50) promote and encourage the location and development of new businesses in the
state as well as the maintenance and expansion of existing businesses and for that purpose
cooperate with state and local agencies and individuals, both within and outside the state;
new text end

new text begin (51) advertise and disseminate information as to natural resources, desirable
locations, and other advantages for the purpose of attracting businesses to locate in this
state;
new text end

new text begin (52) aid the various communities in this state in attracting business to their
communities;
new text end

new text begin (53) advise and cooperate with municipal, county, regional, and other planning
agencies and planning groups within the state for the purpose of promoting coordination
between the state and localities as to plans and development in order to maintain a high
level of gainful employment in private profitable production and achieve commensurate
advancement in social and cultural welfare;
new text end

new text begin (54) coordinate the activities of statewide and local planning agencies, correlate
information secured from them and from state departments and disseminate information
and suggestions to the planning agencies;
new text end

new text begin (55) encourage and assist in the organization and functioning of local planning
agencies where none exist; and
new text end

new text begin (56) adopt measures calculated to promote public interest in and understanding of
the problems of planning and, to that end, may publish and distribute copies of any plan
or any report and may employ other means of publicity and education that will give full
effect to the provisions of sections 116J.58 to 116J.63.
new text end

new text begin (b) At the request of any governmental subdivision in paragraph (a), clause (53),
the commissioner may provide planning assistance, which includes but is not limited to
surveys, land use studies, urban renewal plans, technical services and other planning work
to any city or other municipality in the state or perform similar planning work in any
county, metropolitan, or regional area in the state. The commissioner must not perform
the planning work with respect to a metropolitan or regional area which is under the
jurisdiction for planning purposes of a county, metropolitan, regional, or joint planning
body, except at the request or with the consent of the respective county, metropolitan,
regional, or joint planning body.
new text end

new text begin (c) The commissioner is authorized to:
new text end

new text begin (1) receive and expend money from municipal, county, regional, and other planning
agencies;
new text end

new text begin (2) accept and disburse grants and other aids for planning purposes from the federal
government and from other public or private sources;
new text end

new text begin (3) utilize money received under clause (2) for the employment of consultants and
other temporary personnel to assist in the supervision or performance of planning work
supported by money other than state-appropriated money;
new text end

new text begin (4) enter into contracts with agencies of the federal government, units of local
government or combinations thereof, and with private persons that are necessary in the
performance of the planning assistance function of the commissioner; and
new text end

new text begin (5) assist any local government unit in filling out application forms for the federal
grants-in-aid.
new text end

new text begin (d) In furtherance of its planning functions, any city or town, however organized,
may expend money and contract with agencies of the federal government, appropriate
departments of state government, other local units of government, and with private
persons.
new text end

Sec. 6.

Minnesota Statutes 2008, section 116J.68, subdivision 2, is amended to read:


Subd. 2.

Duties.

The bureau shall:

deleted text begin (a)deleted text endnew text begin (1)new text end provide information and assistance with respect to all aspects of business
planning and business management related to the start-up, operation, or expansion of
a small business in Minnesota;

deleted text begin (b)deleted text endnew text begin (2)new text end refer persons interested in the start-up, operation, or expansion of a small
business in Minnesota to assistance programs sponsored by federal agencies, state
agencies, educational institutions, chambers of commerce, civic organizations, community
development groups, private industry associations, and other organizations deleted text beginor to the
business assistance referral system established by the Minnesota Project Outreach
Corporation
deleted text end;

deleted text begin (c)deleted text endnew text begin (3)new text end plan, develop, and implement a master file of information on small business
assistance programs of federal, state, and local governments, and other public and private
organizations so as to provide comprehensive, timely information to the bureau's clients;

deleted text begin (d)deleted text endnew text begin (4)new text end employ staff with adequate and appropriate skills and education and training
for the delivery of information and assistance;

deleted text begin (e)deleted text endnew text begin (5)new text end seek out and utilize, to the extent practicable, contributed expertise and
services of federal, state, and local governments, educational institutions, and other public
and private organizations;

deleted text begin (f)deleted text endnew text begin (6)new text end maintain a close and continued relationship with the director of the
procurement program within the Department of Administration so as to facilitate the
department's duties and responsibilities under sections 16C.16 to 16C.19 relating to the
small targeted group business and economically disadvantaged business program of the
state;

deleted text begin (g)deleted text endnew text begin (7)new text end develop an information system which will enable the commissioner and other
state agencies to efficiently store, retrieve, analyze, and exchange data regarding small
business development and growth in the state. All executive branch agencies of state
government and the secretary of state shall to the extent practicable, assist the bureau in
the development and implementation of the information system;

deleted text begin (h)deleted text endnew text begin (8)new text end establish and maintain a toll free telephone number so that all small business
persons anywhere in the state can call the bureau office for assistance. An outreach
program shall be established to make the existence of the bureau well known to its
potential clientele throughout the state. If the small business person requires a referral to
another provider the bureau may use the business assistance referral system established by
the Minnesota Project Outreach Corporation;

deleted text begin (i)deleted text endnew text begin (9)new text end conduct research and provide data as required by the state legislature;

deleted text begin (j)deleted text endnew text begin (10)new text end develop and publish material on all aspects of the start-up, operation, or
expansion of a small business in Minnesota;

deleted text begin (k)deleted text endnew text begin (11)new text end collect and disseminate information on state procurement opportunities,
including information on the procurement process;

deleted text begin (l)deleted text endnew text begin (12)new text end develop a public awareness program through the use of newsletters, personal
contacts, and electronic and print news media advertising about state assistance programs
for small businesses, including those programs specifically for socially disadvantaged
small business persons;

deleted text begin (m)deleted text endnew text begin (13)new text end enter into agreements with the federal government and other public and
private entities to serve as the statewide coordinator or host agency for the federal small
business development center program under United States Code, title 15, section 648; and

deleted text begin (n)deleted text endnew text begin (14)new text end assist providers in the evaluation of their programs and the assessment of
their service area needs. The bureau may establish model evaluation techniques and
performance standards for providers to use.

Sec. 7.

Minnesota Statutes 2008, section 116L.03, subdivision 5, is amended to read:


Subd. 5.

Terms.

The terms of appointed members shall be for four years deleted text beginexcept for
the initial appointments. The initial appointments of the governor shall have the following
terms: two members each for one, two, three, and four years
deleted text end. No member shall serve
more than two terms, and no person shall be appointed after December 31, 2001, for any
term that would cause that person to serve a total of more than eight years on the board.
Compensation for board members is as provided in section 15.0575, subdivision 3.

Sec. 8.

Minnesota Statutes 2008, section 116L.05, subdivision 5, is amended to read:


Subd. 5.

Use of workforce development funds.

After March 1 of any fiscal year,
the board may use workforce development funds for the purposes outlined in sections
new text begin 116L.02, new text end116L.04new text begin,new text end and 116L.10 to 116L.14, or to provide incumbent worker training
services under section 116L.18 if the following conditions have been met:

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

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

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

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

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

Sec. 9.

Minnesota Statutes 2008, section 116L.871, subdivision 1, is amended to read:


Subdivision 1.

Responsibility and certification.

(a) Unless prohibited by federal
law or otherwise determined by state law, a local service unit is responsible for the
delivery of employment and training services. deleted text beginAs of July 1, 1998,deleted text end Employment and
training services may be delivered by certified employment and training service providers.

(b) The local service unit's employment and training service provider must meet the
certification standards in this subdivision if the county requests that they be certified
to deliver any of the following employment and training services and programs: wage
subsidies; general assistance grant diversion; food stamp employment and training
programs; community work experience programs; and MFIP employment services.

(c) The commissioner shall certify a local service unit's service provider to provide
these employment and training services and programs if the commissioner determines
that the provider has:

(1) past experience in direct delivery of the programs specified in paragraph (b);

(2) staff capabilities and qualifications, including adequate staff to provide timely
and effective services to clients, and proven staff experience in providing specific services
such as assessments, career planning, job development, job placement, support services,
and knowledge of community services and educational resources;

(3) demonstrated effectiveness in providing services to public assistance recipients
and other economically disadvantaged clients; and

(4) demonstrated administrative capabilities, including adequate fiscal and
accounting procedures, financial management systems, participant data systems, and
record retention procedures.

(d) When the only service provider that meets the criterion in paragraph (c), clause
(1), has been decertified, according to subdivision 1a, in that local service unit, the
following criteria shall be substituted: past experience in direct delivery of multiple,
coordinated, nonduplicative services, including outreach, assessments, identification of
client barriers, employability development plans, and provision or referral to support
services.

Sec. 10.

Minnesota Statutes 2008, section 116L.96, is amended to read:


116L.96 DISPLACED HOMEMAKER PROGRAMS.

The commissioner of deleted text begineconomic securitydeleted text endnew text begin employment and economic developmentnew text end
may enter into arrangements with existing private or nonprofit organizations and agencies
with experience in dealing with displaced homemakers to provide counseling and
training services. The commissioner shall assist displaced homemakers in applying for
appropriate welfare programs and shall take welfare allowances received into account
in setting the stipend level. Income received as a stipend under these programs shall
be totally disregarded for purposes of determining eligibility for and the amount of a
general assistance grant.

Sec. 11.

Minnesota Statutes 2008, section 123A.08, subdivision 1, is amended to read:


Subdivision 1.

Outside sources for resources and services.

A center may accept:

(1) resources and services from postsecondary institutions serving center pupils;

(2) resources from deleted text beginJob Training Partnership Actdeleted text endnew text begin Workforce Investment Act of 1998,
Public Law 105-220
new text end programs, including funding for jobs skills training for various
groups and the percentage reserved for education;

(3) resources from the Department of Human Services and county welfare funding;

(4) resources from a local education and employment transitions partnership; or

(5) private resources, foundation grants, gifts, corporate contributions, and other
grants.

Sec. 12.

Minnesota Statutes 2008, section 124D.49, subdivision 3, is amended to read:


Subd. 3.

Local education and employment transitions systems.

A local education
and employment transitions partnership must assess the needs of employers, employees,
and learners, and develop a plan for implementing and achieving the objectives of a local
or regional education and employment transitions system. The plan must provide for a
comprehensive local system for assisting learners and workers in making the transition
from school to work or for retraining in a new vocational area. The objectives of a local
education and employment transitions system include:

(1) increasing the effectiveness of the educational programs and curriculum of
elementary, secondary, and postsecondary schools and the work site in preparing students
in the skills and knowledge needed to be successful in the workplace;

(2) implementing learner outcomes for students in grades kindergarten through 12
designed to introduce the world of work and to explore career opportunities, including
nontraditional career opportunities;

(3) eliminating barriers to providing effective integrated applied learning,
service-learning, or work-based curriculum;

(4) increasing opportunities to apply academic knowledge and skills, including
skills needed in the workplace, in local settings which include the school, school-based
enterprises, postsecondary institutions, the workplace, and the community;

(5) increasing applied instruction in the attitudes and skills essential for success in
the workplace, including cooperative working, leadership, problem-solving, and respect
for diversity;

(6) providing staff training for vocational guidance counselors, teachers, and other
appropriate staff in the importance of preparing learners for the transition to work, and in
methods of providing instruction that incorporate applied learning, work-based learning,
and service-learning experiences;

(7) identifying and enlisting local and regional employers who can effectively
provide work-based or service-learning opportunities, including, but not limited to,
apprenticeships, internships, and mentorships;

(8) recruiting community and workplace mentors including peers, parents, employers
and employed individuals from the community, and employers of high school students;

(9) identifying current and emerging educational, training, and employment needs of
the area or region, especially within industries with potential for job growth;

(10) improving the coordination and effectiveness of local vocational and job
training programs, including vocational education, adult basic education, tech prep,
apprenticeship, service-learning, youth entrepreneur, youth training and employment
programs administered by the commissioner of employment and economic development,
and local job training programs under the deleted text beginJob Training Partnership Act, United States
Code, title 29, section 1501, et seq.
deleted text endnew text begin Workforce Investment Act of 1998, Public Law
105-220
new text end;

(11) identifying and applying for federal, state, local, and private sources of funding
for vocational or applied learning programs;

(12) providing students with current information and counseling about career
opportunities, potential employment, educational opportunities in postsecondary
institutions, workplaces, and the community, and the skills and knowledge necessary to
succeed;

(13) providing educational technology, including interactive television networks
and other distance learning methods, to ensure access to a broad variety of work-based
learning opportunities;

(14) including students with disabilities in a district's vocational or applied learning
program and ways to serve at-risk learners through collaboration with area learning
centers under sections 123A.05 to 123A.09, or other alternative programs; and

(15) providing a warranty to employers, postsecondary education programs, and
other postsecondary training programs, that learners successfully completing a high school
work-based or applied learning program will be able to apply the knowledge and work
skills included in the program outcomes or graduation requirements. The warranty shall
require education and training programs to continue to work with those learners that need
additional skill development until they can demonstrate achievement of the program
outcomes or graduation requirements.

Sec. 13.

Minnesota Statutes 2008, section 160.276, subdivision 8, is amended to read:


Subd. 8.

Revenue.

The agreement may provide that the vendor pay a portion of
the gross revenues derived from advertising. These revenues must be paid to the state for
deposit in the safety rest area account established in section 160.2745. The commissioner
of transportation and director of deleted text beginthe Office ofdeleted text endnew text begin Explore Minnesotanew text end Tourism may enter into
an interagency agreement to define the distribution of the revenues generated in this
subdivision and subdivisions 2a and 3a.

Sec. 14.

Minnesota Statutes 2008, section 241.27, subdivision 1, is amended to read:


Subdivision 1.

Establishment of Minnesota correctional industries; MINNCOR
industries.

For the purpose of providing adequate, regular and suitable employment,
educational training, and to aid the inmates of state correctional facilities, the
commissioner of corrections may establish, equip, maintain and operate at any correctional
facility under the commissioner's control such industrial and commercial activities as may
be deemed necessary and suitable to the profitable employment, educational training and
development of proper work habits of the inmates of state correctional facilities. The
industrial and commercial activities authorized by this section are designated MINNCOR
industries and shall be for the primary purpose of sustaining and ensuring MINNCOR
industries' self-sufficiency, providing educational training, meaningful employment
and the teaching of proper work habits to the inmates of correctional facilities under
the control of the commissioner of corrections, and not solely as competitive business
ventures. The net profits from these activities shall be used for the benefit of the inmates
as it relates to education, self-sufficiency skills, and transition services and not to fund
non-inmate-related activities or mandates. Prior to the establishment of any industrial and
commercial activity, the commissioner of corrections may consult with representatives
of business, industry, organized labor, the state Department of Education, the state
Apprenticeship Council, the state Department of Labor and Industry, the Department of
Employment deleted text beginSecuritydeleted text endnew text begin and Economic Developmentnew text end, the Department of Administration,
and such other persons and bodies as the commissioner may feel are qualified to determine
the quantity and nature of the goods, wares, merchandise and services to be made or
provided, and the types of processes to be used in their manufacture, processing, repair,
and production consistent with the greatest opportunity for the reform and educational
training of the inmates, and with the best interests of the state, business, industry and labor.

The commissioner of corrections shall, at all times in the conduct of any industrial
or commercial activity authorized by this section, utilize inmate labor to the greatest
extent feasible, provided, however, that the commissioner may employ all administrative,
supervisory and other skilled workers necessary to the proper instruction of the inmates
and the profitable and efficient operation of the industrial and commercial activities
authorized by this section.

Additionally, the commissioner of corrections may authorize the director of any
correctional facility under the commissioner's control to accept work projects from outside
sources for processing, fabrication or repair, provided that preference shall be given to the
performance of such work projects for state departments and agencies.

Sec. 15.

Minnesota Statutes 2008, section 248.061, subdivision 3, is amended to read:


Subd. 3.

Eligible individual.

"Eligible individual" means an individual who is
eligible for library loan services through the Library of Congress and the deleted text beginState Library for
the Blind and Physically Handicapped
deleted text endnew text begin Minnesota Braille and Talking Book Librarynew text end under
Code of Federal Regulations, title 36, section 701.10, subsection (b).

Sec. 16.

Minnesota Statutes 2008, section 248.07, subdivision 8, is amended to read:


Subd. 8.

Use of revolving fund, licenses for operation of vending deleted text beginmachinesdeleted text endnew text begin
stands
new text end.

new text begin(a) new text endThe revolving fund created by Laws 1947, chapter 535, section 5, is continued
as provided in this subdivision and shall be known as the revolving fund for vocational
rehabilitation of the blind. It shall be used for the purchase of equipment and supplies
for establishing and operating of vending stands by blind persons. All income, receipts,
earnings, and federal deleted text begingrantsdeleted text endnew text begin vending machine incomenew text end due to the operation deleted text beginthereofdeleted text end new text beginof
vending stands operated under this subdivision
new text endshall also be paid into the fund. All interest
earned on money accrued in the fund must be credited to the fund by the commissioner of
finance. All equipment, supplies, and expenses for setting up these stands shall be paid
for from the fund.

new text begin (b) new text enddeleted text beginAuthority is hereby given todeleted text end The commissioner new text beginis authorized new text endto use the money
available in the revolving fund that originated as operational charges to individuals
licensed under this subdivision for the establishment, operation, and supervision of
vending stands by blind persons for the following purposes:

(1) purchase, upkeep and replacement of equipment;

(2) expenses incidental to the setting up of new stands and improvement of old
stands;

(3) reimbursement under section 15.059 to individual blind vending operators
for reasonable expenses incurred in attending supervisory meetings as called by the
commissioner and other expenditures for management services consistent with federal
law; and

(4) purchase of fringe benefits for blind vending operators and their employees such
as group health insurance, retirement program, vacation or sick leave assistance provided
that the purchase of any fringe benefit is approved by a majority vote of blind vending
operators licensed pursuant to this subdivision after the commissioner provides to each
blind vending operator information on all matters relevant to the fringe benefits. "Majority
vote" means a majority of blind vending operators voting. Fringe benefits shall be paid
only from assessments of operators for specific benefits, gifts to the fund for fringe benefit
purposes, and vending income which is not assignable to an individual stand.

new text begin (c) new text endMoney originally deposited as merchandise and supplies repayments by
individuals licensed under this subdivision may be expended for initial and replacement
stocks of supplies and merchandise. Money originally deposited from vending income on
federal property must be spent consistent with federal law.

new text begin (d) new text endAll other deposits may be used for the purchase of general liability insurance or
any other expense related to the operation and supervision of vending stands.

new text begin (e) new text endThe commissioner shall issue each license for the operation of a vending stand
or vending machine for an indefinite period but may terminate any license in the manner
provided. In granting licenses for new or vacated stands preference on the basis of
seniority of experience in operating stands under the control of the commissioner shall
be given to capable operators who are deemed competent to handle the enterprise under
consideration. Application of this preference shall not prohibit the commissioner from
selecting an operator from the community in which the stand is located.

Sec. 17.

Minnesota Statutes 2008, section 256J.626, subdivision 4, is amended to read:


Subd. 4.

County and tribal biennial service agreements.

(a) Effective January 1,
2004, and each two-year period thereafter, each county and tribe must have in place an
approved biennial service agreement related to the services and programs in this chapter.
In counties with a city of the first class with a population over 300,000, the county must
consider a service agreement that includes a jointly developed plan for the delivery of
employment services with the city. Counties may collaborate to develop multicounty,
multitribal, or regional service agreements.

(b) The service agreements will be completed in a form prescribed by the
commissioner. The agreement must include:

(1) a statement of the needs of the service population and strengths and resources
in the community;

(2) numerical goals for participant outcomes measures to be accomplished during
the biennial period. The commissioner may identify outcomes from section 256J.751,
subdivision 2
, as core outcomes for all counties and tribes;

(3) strategies the county or tribe will pursue to achieve the outcome targets.
Strategies must include specification of how funds under this section will be used and may
include community partnerships that will be established or strengthened;

(4) strategies the county or tribe will pursue under family stabilization services; and

(5) other items prescribed by the commissioner in consultation with counties and
tribes.

(c) The commissioner shall provide each county and tribe with information needed
to complete an agreement, including: (1) information on MFIP cases in the county or
tribe; (2) comparisons with the rest of the state; (3) baseline performance on outcome
measures; and (4) promising program practices.

(d) The service agreement must be submitted to the commissioner by October 15,
2003, and October 15 of each second year thereafter. The county or tribe must allow
a period of not less than 30 days prior to the submission of the agreement to solicit
comments from the public on the contents of the agreement.

(e) The commissioner must, within 60 days of receiving each county or tribal service
agreement, inform the county or tribe if the service agreement is approved. If the service
agreement is not approved, the commissioner must inform the county or tribe of any
revisions needed prior to approval.

deleted text begin (f) The service agreement in this subdivision supersedes the plan requirements
of section 116L.88.
deleted text end

Sec. 18.

Minnesota Statutes 2008, section 256J.66, subdivision 1, is amended to read:


Subdivision 1.

Establishing the on-the-job training program.

(a) County agencies
may develop on-the-job training programs for MFIP caregivers who are participating in
employment and training services. A county agency that chooses to provide on-the-job
training may make payments to employers for on-the-job training costs that, during the
period of the training, must not exceed 50 percent of the wages paid by the employer to
the participant. The payments are deemed to be in compensation for the extraordinary
costs associated with training participants under this section and in compensation for the
costs associated with the lower productivity of the participants during training.

(b) Provision of an on-the-job training program under the deleted text beginJob Training Partnership
Act
deleted text endnew text begin Workforce Investment Act of 1998, Public Law 105-220new text end, in and of itself, does not
qualify as an on-the-job training program under this section.

(c) new text beginEmployers must compensate new text endparticipants in on-the-job training deleted text beginshall be
compensated by the employer
deleted text end at the same rates, including periodic increases, as similarly
situated employees or trainees and in accordance with applicable law, but in no event less
than the federal or applicable state minimum wage, whichever is higher.

Sec. 19.

Minnesota Statutes 2008, section 469.169, subdivision 3, is amended to read:


Subd. 3.

Evaluation of applications.

new text begin(a) new text endThe commissioner shall review and
evaluate the applications submitted pursuant to subdivision 2 and shall determine whether
each area is eligible for designation as an enterprise zone. In determining whether an
area is eligible under section 469.168, subdivision 4, paragraph (a), if unemployment,
employment, income, or other necessary data are not available for the area from the
federal departments of labor or commerce or the state demographer, the commissioner
may rely upon other data submitted by the municipality if the commissioner determines it
is statistically reliable or accurate. The commissioner, together with the commissioner
of revenue, shall prepare an estimate of the amount of state tax revenue which will be
foregone for each application if the area is designated as a zone.

new text begin (b) new text endBy October 1 of each year, the commissioner shall submit to the Legislative
Advisory Commission a list of the areas eligible for designation as enterprise zones,
along with recommendations for designation and supporting documentation. In making
recommendations for designation, the commissioner shall consider and evaluate the
applications pursuant to the following criteria:

(1) the pervasiveness of poverty, unemployment, and general distress in the area;

(2) the extent of chronic abandonment, deterioration, or reduction in value of
commercial, industrial, or residential structures in the area and the extent of property
tax arrearages in the area;

(3) the prospects for new investment and economic development in the area with
the tax reductions proposed in the application relative to the state and local tax revenue
which would be foregone;

(4) the competing needs of other areas of the state;

(5) the municipality's proposed use of other state and federal development funds or
programs to increase the probability of new investment and development occurring;

(6) the extent to which the projected development in the zone will provide
employment to residents of the economic hardship area, and particularly individuals who
are unemployed or who are economically disadvantaged as defined in the federal deleted text beginJob
Training Partnership Act of 1982, Volume 96, Statutes at Large, page 1322
deleted text endnew text begin Workforce
Investment Act of 1998, Public Law 105-220
new text end;

(7) the funds available pursuant to subdivision 7; and

(8) other relevant factors that the commissioner specifies in the commissioner's
recommendations.

new text begin (c) new text endThe commissioner shall submit a separate list of the areas entitled to designation
as federally designated zones and border city zones along with recommendations for the
amount of funds to be allocated to each area.

Sec. 20. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 116J.58,
subdivision 2, as Minnesota Statutes, section 116J.035, subdivision 1a, and shall revise
statutory cross-references consistent with that renumbering.
new text end

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 116J.402; 116J.413; 116J.58, subdivision 1;
116J.59; 116J.61; 116J.656; 116L.16; 116L.88; and 116U.65,
new text end new text begin are repealed.
new text end

ARTICLE 4

UNEMPLOYMENT INSURANCE POLICY

Section 1.

Minnesota Statutes 2008, section 268.052, subdivision 2, is amended to read:


Subd. 2.

Election by state or political subdivision to be a taxpaying employer.

(a) The state or political subdivision may elect to be a taxpaying employer for any
calendar year if a notice of election is filed within 30 calendar days following January 1 of
that calendar year. Upon election, the state or political subdivision must be assigned the
new employer tax rate under section 268.051, subdivision 5, for the calendar year of the
election and new text beginunless or new text enduntil it qualifies for an experience rating under section 268.051,
subdivision 3
.

(b) An election is for a minimum period of two calendar years following the effective
date of the election and continue unless a notice terminating the election is filed not later
than 30 calendar days before the beginning of the calendar year. The termination is
effective at the beginning of the next calendar year. deleted text beginUpon election, the commissioner shall
establish a reimbursable account for the state or political subdivision. A termination of
election is allowed only if the state or political subdivision has, since the beginning of the
experience rating period under section 268.051, subdivision 3, paid taxes equal to or more
than 125 percent of the unemployment benefits used in computing the experience rating. In
addition, any unemployment benefits paid after the experience rating period are transferred
to the new reimbursable account of the state or political subdivision. If the amount of taxes
paid since the beginning of the experience rating period exceeds 125 percent of the amount
of unemployment benefits paid during the experience rating period, that amount in excess
is applied against any unemployment benefits paid after the experience rating period.
deleted text end

(c) The method of payments to the trust fund under subdivisions 3 and 4 applies to
all taxes paid by or due from the state or political subdivision that elects to be taxpaying
employers under this subdivision.

(d) A notice of election or a notice terminating election must be filed by electronic
transmission in a format prescribed by the commissioner.

Sec. 2.

Minnesota Statutes 2008, section 268.053, subdivision 1, is amended to read:


Subdivision 1.

Election.

(a) Any nonprofit organization that has employees in
covered employment must pay taxes on a quarterly basis in accordance with section
268.051 unless it elects to make reimbursements to the trust fund the amount of
unemployment benefits charged to its reimbursable account under section 268.047.

The organization may elect to make reimbursements for a period of not less than
two calendar years beginning with the date that the organization was determined to be an
employer with covered employment by filing a notice of election not later than 30 calendar
days after the date of the determination.

(b) Any nonprofit organization that makes an election will continue to be liable for
reimbursements until it files a notice terminating its election not later than 30 calendar
days before the beginning of the calendar year the termination is to be effective.

(c) A nonprofit organization that has been making reimbursements that files a notice
of termination of election must be assigned the new employer tax rate under section
268.051, subdivision 5, for the calendar year of the termination of election and new text beginunless or
new text enduntil it qualifies for an experience rating under section 268.051, subdivision 3.

(d) Any nonprofit organization that has been paying taxes may elect to make
reimbursements by filing no less than 30 calendar days before January 1 of any calendar
year a notice of election. deleted text beginUpon election, the commissioner shall establish a reimbursable
account for the nonprofit organization. An election is allowed only if the nonprofit
organization has, since the beginning of the experience rating period under section
268.051, subdivision 3, paid taxes equal to or more than 125 percent of the unemployment
benefits used in computing the experience rating. In addition, any unemployment benefits
paid after the experience rating period are transferred to the new reimbursable account
of the nonprofit organization. If the amount of taxes paid since the beginning of the
experience rating period exceeds 125 percent of the amount of unemployment benefits
paid during the experience rating period, that amount in excess is applied against any
unemployment benefits paid after the experience rating period.
deleted text end The election is not
terminable by the organization for that and the next calendar year.

(e) The commissioner may for good cause extend the period that a notice of election,
or a notice of termination, must be filed and may permit an election to be retroactive.

(f) A notice of election or notice terminating election must be filed by electronic
transmission in a format prescribed by the commissioner.

Sec. 3.

Minnesota Statutes 2008, section 268.066, is amended to read:


268.066 CANCELLATION OF AMOUNTS DUE FROM AN EMPLOYER.

(a) The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end cancel as uncollectible any amounts due from
an employer under this chapter or section 116L.20, that remain unpaid six years after
the amounts have been first determined due, except where the delinquent amounts are
secured by a notice of lien, a judgment, are in the process of garnishment, or are under a
payment plan.

(b) The commissioner may cancel at any time as uncollectible any amount due, or
any portion of an amount due, from an employer under this chapter or section 116L.20,
that (1) are uncollectible due to death or bankruptcy, new text beginor new text end(2) the Collection Division of the
Department of Revenue under section 16D.04 was unable to collectdeleted text begin, or (3)deleted text endnew text begin.new text end

new text begin (c) new text endThe commissioner new text beginmay cancel at any time any interest, penalties, or fees due
from an employer, or any portions due, if the commissioner
new text enddetermines that it is not in
the public interest to pursue collection of the amount due. new text beginThis paragraph does not apply
to unemployment insurance taxes or reimbursements due.
new text end

Sec. 4.

Minnesota Statutes 2008, section 268.067, is amended to read:


268.067 COMPROMISE.

(a) The commissioner may compromise in whole or in part any action, determination,
or decision that affects only an employer and not an applicantdeleted text begin, and that has occurred
during the prior 24 months
deleted text end. This paragraph deleted text beginmay applydeleted text endnew text begin appliesnew text end if it is determined by a court
of law, or a confession of judgment, that an applicant, while employed, wrongfully took
from the employer $500 or more in money or property.

(b) The commissioner may at any time compromise any deleted text beginamountdeleted text endnew text begin unemployment
insurance tax or reimbursement
new text end due from an employer under this chapter or section
116L.20.

(c) deleted text beginAny compromise involving an amount over $2,500 must be authorized by an
attorney licensed to practice law in Minnesota who is an employee of the department
designated by the commissioner for that purpose.
deleted text end

deleted text begin (d)deleted text end Any compromise must be in the best interest of the state of Minnesota.

Sec. 5.

Minnesota Statutes 2008, section 268.07, subdivision 3b, is amended to read:


Subd. 3b.

Limitations on applications and benefit accounts.

(a) An application for
unemployment benefits is effective the Sunday of the calendar week that the application
was filed. deleted text beginUpon specific request of an applicant,deleted text end An application for unemployment benefits
may be backdated one calendar week before the Sunday of the week the application was
actually filednew text begin if the applicant requests the backdating at the time the application is filednew text end.
An application may be backdated only if the applicant deleted text beginwas unemployed throughoutdeleted text endnew text begin had
no employment during
new text end the period of the backdating. If an individual attempted to file an
application for unemployment benefits, but was prevented from filing an application by
the department, the application is effective the Sunday of the calendar week the individual
first attempted to file an application.

(b) A benefit account established under subdivision 2 is effective the date the
application for unemployment benefits was effective.

(c) A benefit account, once established, may later be withdrawn only if:

(1) new text beginthe applicant has not been paid any unemployment benefits on that benefit
account; and
new text end

new text begin (2) new text enda new application for unemployment benefits is filed and a new benefit account is
established at the time of the withdrawaldeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (2) the applicant has not served the nonpayable waiting week under section 268.085,
subdivision 1
, clause (5).
deleted text end

A determination or amended determination new text beginof eligibility or ineligibility issued new text endunder
section 268.101, that was deleted text beginissueddeleted text endnew text begin sentnew text end before the withdrawal of the benefit account, remains
in effect and is not voided by the withdrawal of the benefit account. A determination of
ineligibility requiring subsequent earnings to satisfy the period of ineligibility under
section 268.095, subdivision 10, applies to the weekly unemployment benefit amount on
the new benefit account.

(d) An application for unemployment benefits is not allowed before the Sunday
following the expiration of the benefit year on a prior benefit account. Except as allowed
under paragraph deleted text begin(b)deleted text endnew text begin (c)new text end, an applicant may establish only one benefit account each 52
calendar weeks.

Sec. 6.

Minnesota Statutes 2008, section 268.085, subdivision 3, is amended to read:


Subd. 3.

Payments that delay unemployment benefits.

(a) An applicant is not
eligible to receive unemployment benefits for any week with respect to which the applicant
is receiving, has received, or has filed for payment, equal to or in excess of the applicant's
weekly unemployment benefit amount, in the form of:

(1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause
does not apply to (i) vacation pay paid upon a permanent separation from employment, or
(ii) vacation pay paid from a vacation fund administered by a union or a third party not
under the control of the employer;

(2) severance pay, bonus pay, sick pay, and any other payments, except earnings
under subdivision 5, and back pay under subdivision 6, paid by an employer because of,
upon, or after separation from employment, but only if the payment is considered wages at
the time of payment under section 268.035, subdivision 29; or

(3) pension, retirement, or annuity payments from any plan contributed to by a base
period employer including the United States government, except Social Security benefits
that are provided for in subdivision 4. The base period employer is considered to have
contributed to the plan if the contribution is excluded from the definition of wages under
section 268.035, subdivision 29, clause (1).

new text begin If the pension, retirement, or annuity payment is paid in a lump sum, new text endan applicant is
not considered to have received deleted text beginthe lump-sumdeleted text endnew text begin anew text end payment if new text begin(i)new text end the applicant immediately
deposits that payment in a qualified pension plan or accountnew text begin, or (ii) that payment is an
early distribution for which the applicant paid an early distribution penalty under the
Internal Revenue Code, United States Code, title 26, section 72(t)(1)
new text end.

(b) This subdivision applies to all the weeks of payment. Payments under paragraph
(a), deleted text beginclauses (1) and (2)deleted text endnew text begin clause (1)new text end, are applied to the period immediately following the last
day of employment. The number of weeks of payment is determined as follows:

(1) if the payments are made periodically, the total of the payments to be received is
divided by the applicant's last level of regular weekly pay from the employer; or

(2) if the payment is made in a lump sum, that sum is divided by the applicant's last
level of regular weekly pay from the employer.

(c) If the payment is less than the applicant's weekly unemployment benefit amount,
unemployment benefits are reduced by the amount of the payment. deleted text beginIf the computation
of reduced unemployment benefits is not a whole dollar, it is rounded down to the next
lower whole dollar.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and is retroactive to December 1, 2008.
new text end

Sec. 7.

Minnesota Statutes 2008, section 268.085, subdivision 6, is amended to read:


Subd. 6.

Receipt of back pay.

(a) Back pay received by an applicant new text beginwithin 24
months of the establishment of the benefit account
new text endwith respect to any week occurring
deleted text begin in the 104 weeks before the payment of the back paydeleted text endnew text begin during the benefit yearnew text end must be
deducted from unemployment benefits paid for that week.

If the back pay is not paid with respect to a specific period, the back pay must be
applied to the period immediately following the last day of employment.

(b) If the back pay is reduced by the amount of unemployment benefits that have
been paid, the amount of back pay withheld must be:

(1) paid by the employer to the trust fund within 30 calendar days and subject to the
same collection procedures that apply to past due taxes;

(2) applied to unemployment benefit overpayments resulting from the payment of
the back pay; and

(3) credited to the maximum amount of unemployment benefits available to the
applicant in a benefit year that includes the weeks for which back pay was deducted.

(c) Unemployment benefits paid the applicant must be removed from the
computation of the tax rate for taxpaying employers and removed from the reimbursable
account for nonprofit and government employers that have elected to be liable for
reimbursements in the calendar quarter the trust fund receives payment.

(d) Payments to the trust fund under this subdivision are considered as made by
the applicant.

Sec. 8.

Minnesota Statutes 2008, section 268.085, subdivision 15, is amended to read:


Subd. 15.

Available for suitable employment defined.

(a) "Available for suitable
employment" means an applicant is ready and willing to accept suitable employment deleted text beginin
the labor market area
deleted text end. The attachment to the work force must be genuine. An applicant
may restrict availability to suitable employment, but there must be no other restrictions,
either self-imposed or created by circumstances, temporary or permanent, that prevent
accepting suitable employment.

(b) To be considered "available for suitable employment," a student must be willing
to quit school to accept suitable employment.

(c) An applicant who is absent from the labor market area for personal reasons, other
than to search for work, is not "available for suitable employment."

(d) An applicant who has restrictions on the hours of the day or days of the week
that the applicant can or will work, that are not normal for the applicant's usual occupation
or other suitable employment, is not "available for suitable employment." An applicant
must be available for daytime employment, if suitable employment is performed during
the daytime, even though the applicant previously worked the night shift.

deleted text begin (e) An applicant must have transportation throughout the labor market area to be
considered "available for suitable employment."
deleted text end

Sec. 9.

Minnesota Statutes 2008, section 268.095, subdivision 1, is amended to read:


Subdivision 1.

Quit.

An applicant who quit employment is ineligible for all
unemployment benefits according to subdivision 10 except when new text begina preponderance of
the evidence shows
new text end:

(1) the applicant quit the employment because of a good reason caused by the
employer as defined in subdivision 3;

(2) the applicant quit the employment to accept other covered employment that
provided substantially better terms and conditions of employment, but the applicant did
not work long enough at the second employment to have sufficient subsequent earnings to
satisfy the period of ineligibility that would otherwise be imposed under subdivision 10
for quitting the first employment;

(3) the applicant quit the employment within 30 calendar days of beginning the
employment because the employment was unsuitable for the applicant;

(4) the employment was unsuitable for the applicant and the applicant quit to enter
reemployment assistance training;

(5) the employment was part time and the applicant also had full-time employment
in the base period, from which full-time employment the applicant separated because of
reasons for which the applicant was held not to be ineligible, and the wage credits from
the full-time employment are sufficient to meet the minimum requirements to establish a
benefit account under section 268.07;

(6) the applicant quit because the employer notified the applicant that the applicant
was going to be laid off because of lack of work within 30 calendar days. An applicant
who quit employment within 30 calendar days of a notified date of layoff because of lack
of work is ineligible for unemployment benefits through the end of the week that includes
the scheduled date of layoff;

(7) the applicant quit the employment because the applicant's serious illness or
injury made it medically necessary that the applicant quit, provided that the applicant
inform the employer of the serious illness or injury and request accommodation and no
reasonable accommodation is made available.

If the applicant's serious illness is chemical dependency, this exception does not
apply if the applicant was previously diagnosed as chemically dependent or had treatment
for chemical dependency, and since that diagnosis or treatment has failed to make
consistent efforts to control the chemical dependency.

This exception raises an issue of the applicant's being deleted text beginable to workdeleted text endnew text begin available for
suitable employment
new text end under section 268.085, subdivision 1, that the commissioner deleted text beginshalldeleted text endnew text begin
must
new text end determinedeleted text begin;deleted text endnew text begin.
new text end

(8) the applicant's loss of child care for the applicant's minor child caused the
applicant to quit the employment, provided the applicant made reasonable effort to obtain
other child care and requested time off or other accommodation from the employer and no
reasonable accommodation is available.

This exception raises an issue of the applicant's deleted text beginavailabilitydeleted text endnew text begin being availablenew text end for
suitable employment under section 268.085, subdivision 1, that the commissioner deleted text beginshalldeleted text endnew text begin
must
new text end determine; or

(9) domestic abuse of the applicant or the applicant's minor child, necessitated the
applicant's quitting the employment. Domestic abuse must be shown by one or more of
the following:

(i) a district court order for protection or other documentation of equitable relief
issued by a court;

(ii) a police record documenting the domestic abuse;

(iii) documentation that the perpetrator of the domestic abuse has been convicted
of the offense of domestic abuse;

(iv) medical documentation of domestic abuse; or

(v) written statement that the applicant or the applicant's minor child is a victim
of domestic abuse, provided by a social worker, member of the clergy, shelter worker,
attorney at law, or other professional who has assisted the applicant in dealing with the
domestic abuse.

Domestic abuse for purposes of this clause is defined under section 518B.01.

Sec. 10.

Minnesota Statutes 2008, section 268.095, subdivision 2, is amended to read:


Subd. 2.

Quit defined.

(a) A quit from employment occurs when the decision to end
the employment was, at the time the employment ended, the employee's.

(b) An employee who has been notified that the employee will be discharged in the
future, who chooses to end the employment while employment in any capacity is still
available, is considered to have quit the employment.

(c) An employee who seeks to withdraw a previously submitted notice of quitting is
considered to have quit the employment if the employer does not agree that the notice
may be withdrawn.

(d) An applicant who, within five calendar days after completion of a suitable
temporary job assignment from a staffing service employer, (1) fails without good cause
to affirmatively request an additional job assignment, deleted text beginordeleted text end (2) refuses without good cause
an additional suitable job assignment offered, new text beginor (3) accepts employment with the client
of the staffing service,
new text endis considered to have quit employmentnew text begin with the staffing service.
Accepting employment with the client of the staffing service meets the requirements of the
exception to ineligibility under subdivision 1, clause (2)
new text end.

This paragraph applies only if, at the time of beginning of employment with the
staffing service employer, the applicant signed and was provided a copy of a separate
document written in clear and concise language that informed the applicant of this
paragraph and that unemployment benefits may be affected.

For purposes of this paragraph, "good cause" is a reason that is significant and
would compel an average, reasonable worker, who would otherwise want an additional
temporary job assignment with the staffing service employer, (1) to fail to contact the
staffing service employer, or (2) to refuse an offered assignment.

For purposes of this paragraph, a "staffing service employer" is an employer whose
business involves employing individuals directly for the purpose of furnishing temporary
job assignment workers to clients of the staffing service.

Sec. 11.

Minnesota Statutes 2008, section 268.103, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Employer-agent appeals filed online. new text end

new text begin (a) If an agent files an appeal on
behalf of an employer, the appeal must be filed online. The appeal must be filed through
the electronic address provided on the determination being appealed. Use of another
method of filing does not constitute an appeal. This paragraph does not apply to an
employee filing an appeal on behalf of an employer.
new text end

new text begin (b) All information requested when the appeal is filed must be supplied or the
communication does not constitute an appeal.
new text end

Sec. 12.

Minnesota Statutes 2008, section 268.18, subdivision 4a, is amended to read:


Subd. 4a.

Court feesnew text begin; collection feesnew text end.

(a) If the commissioner is required to pay any
court fees in an attempt to enforce collection of overpaid unemployment benefits, penalties,
or interest, the commissioner may add the amount of the court fees to the total amount due.

(b) If an applicant who has been determined overpaid unemployment benefits
because of fraud seeks to have any portion of the debt discharged under the federal
bankruptcy code, and the commissioner files an objection in bankruptcy court to the
discharge, the commissioner may add the commissioner's cost of any court fees to the debt
if the bankruptcy court does not discharge the debt.

new text begin (c) If the Internal Revenue Service assesses the commissioner a fee for offsetting
from a federal tax refund the amount of any fraud overpayment, including penalties and
interest, the amount of the fee may be added to the total amount due. The offset amount
must be put in the trust fund and that amount credited to the total amount due from the
applicant.
new text end

Sec. 13.

Minnesota Statutes 2008, section 268.186, is amended to read:


268.186 RECORDS; AUDITS.

(a) Each employer must keep true and accurate records for the periods of time and
containing the information the commissioner may require by rule. For the purpose of
administering this chapter, the commissioner has the power to audit, examine, or cause to
be supplied or copied, any books, correspondence, papers, records, or memoranda that
are relevant, whether the books, correspondence, papers, records, or memoranda are the
property of or in the possession of the employer or any other person at any reasonable
time and as often as may be necessary.

(b) Any employer that refuses to allow an audit of its records by the department, or
that fails to make all necessary records available for audit in Minnesota upon request of
the commissioner, may be assessed an administrative penalty of $500. new text beginAn employer that
fails to provide a weekly breakdown of money earned by an applicant upon request of the
commissioner, information necessary for the detection of applicant fraud under section
268.18, subdivision 2, may be assessed an administrative penalty of $100. Any notice
requesting a weekly breakdown must clearly state that a $100 penalty may be assessed for
failure to provide the information.
new text end The penalty collected is credited to the deleted text beginadministration
account to be used by the commissioner to ensure integrity in the administration of the
unemployment insurance program
deleted text endnew text begin trust fundnew text end.

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

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

Sec. 14. new text beginENTREPRENEURSHIP FOR DISLOCATED WORKERS.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin Minnesota has been awarded a federal grant by the
United States Department of Labor under the Project GATE (Growing America Through
Entrepreneurship) program to assist certain dislocated workers in starting a business.
Providing unemployment benefits while the dislocated worker is receiving services such
as entrepreneurial training, business counseling, and technical assistance will assist in the
success of this pilot project. In order to provide unemployment benefits, the commissioner
of employment and economic development is authorized to waive the availability for
suitable employment requirements of Minnesota Statutes, section 268.085, subdivision 1,
as well as the earnings deductibility provisions of Minnesota Statutes, section 268.085,
subdivision 5, for individuals enrolled in this pilot project.
new text end

new text begin Subd. 2. new text end

new text begin Limitations. new text end

new text begin A maximum of 500 applicants for unemployment benefits are
authorized to receive a waiver.
new text end

new text begin Subd. 3. new text end

new text begin Expiration date. new text end

new text begin The authorization under subdivision 1 expires June
30, 2012.
new text end

Sec. 15. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 5, 7 to 11, 13, and 14 are effective August 2, 2009, and apply to all
department determinations and unemployment law judge decisions issued on or after that
date. Section 12 is effective April 1, 2010, and applies to all department determinations
and unemployment law judge decisions issued on or after that date. Sections 6 and 15
are effective the day following final enactment and section 6 is retroactive to December
1, 2008.
new text end

ARTICLE 5

UNEMPLOYMENT INSURANCE TECHNICAL CHANGES

Section 1.

Minnesota Statutes 2008, section 268.031, is amended to read:


268.031 STANDARD OF PROOF.

All issues of fact under the Minnesota Unemployment Insurance Law are determined
by a preponderance of the evidence. deleted text beginPreponderance of the evidence means evidence in
substantiation of a fact that, when weighed against the evidence opposing the fact, is more
convincing and has a greater probability of truth.
deleted text end

Sec. 2.

new text begin [268.034] COMPUTATIONS OF MONEY ROUNDED DOWN.
new text end

new text begin Computations of money required under this chapter that do not result in a whole
dollar are rounded down to the next lower whole dollar, unless specifically provided
otherwise by law.
new text end

Sec. 3.

Minnesota Statutes 2008, section 268.035, subdivision 2, is amended to read:


Subd. 2.

Agricultural employment.

"Agricultural employment" means services:

(1) on a farm, in the employ of any person or family farm corporation in connection
with cultivating the soil, or in connection with raising or harvesting any agricultural or
horticultural commodity, including the raising, shearing, feeding, caring for, training, and
management of livestock, bees, poultry, fur-bearing animals, and wildlife;

(2) in the employ of the owner or tenant or other operator of a farm, in connection
with the operation, management, conservation, improvement, or maintenance of the farm
and its tools and equipment, or in salvaging timber or clearing land of brush and other
debris left by a tornado-like storm, if the major part of the employment is performed
on a farm;

(3) in connection with the production or harvesting of any commodity defined as
an agricultural product in United States Code, title 7, section 1626 of the Agricultural
Marketing Act, or in connection with cotton ginning, or in connection with the operation
or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for
profit, used exclusively for supplying and storing water for farming purposes;

(4) in the employ of the operator of a farm in handling, planting, drying, packing,
packaging, processing, freezing, grading, storing, or delivering to storage or to market
or to a carrier for transportation to market, in its unmanufactured state, any agricultural
or horticultural commodity; but only if the operator produced more than one-half of
the commodity with respect to which the employment is performed, or in the employ
of a group of operators of farms or a cooperative organization of which the operators
are members, but only if the operators produced more than one-half of the commodity
with respect to which the employment is performed; however, this clause deleted text beginshalldeleted text end new text beginis new text endnot
deleted text begin bedeleted text end applicable to employment performed in connection with commercial canning or
commercial freezing or in connection with any agricultural or horticultural commodity
after its delivery to a terminal market for distribution for consumption; or

(5) on a farm operated for profit if the employment is not in the course of the
employer's trade or business.

For purposes of this subdivision, the term "farm" includes stock, dairy, poultry, fruit,
fur-bearing animals, and truck farms, plantations, ranches, nurseries, orchards, ranges,
greenhouses, or other similar structures used primarily for the raising of agricultural or
horticultural commodities.

Sec. 4.

Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision
to read:


new text begin Subd. 9a. new text end

new text begin Construction; independent contractor. new text end

new text begin For purposes of this chapter,
section 181.723 determines whether a worker is an independent contractor or an employee
when performing public or private sector commercial or residential building construction
or improvement services.
new text end

Sec. 5.

Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision
to read:


new text begin Subd. 12c. new text end

new text begin Determination. new text end

new text begin "Determination" means a document sent to an applicant
or employer by mail or electronic transmission that is an initial department ruling on a
specific issue. All documents that are determinations under this chapter use that term in
the title of the document and are appealable to an unemployment law judge under section
268.105, subdivision 1.
new text end

Sec. 6.

Minnesota Statutes 2008, section 268.035, subdivision 17, is amended to read:


Subd. 17.

Filing; filed.

"Filing" or "filed" means the new text beginpersonal new text enddelivery of deleted text beginany
document
deleted text endnew text begin an application, appeal, or other required actionnew text end to the commissioner or any of
the commissioner's agents, or deleted text beginthe depositing of the documentdeleted text end new text beginif done by mail, deposited
new text endin the United States mail properly addressed to the department with postage prepaid, in
which case deleted text beginthe documentdeleted text end new text beginit new text endis considered filed on the day indicated by the cancellation
mark of the United States Postal Service.

Ifdeleted text begin, where allowed,deleted text end an application, appeal, or other required action is made by
electronic transmission, it is considered filed on the day received by the department.

Sec. 7.

Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision
to read:


new text begin Subd. 20a. new text end

new text begin Preponderance of the evidence. new text end

new text begin "Preponderance of the evidence"
means evidence in substantiation of a fact that, when weighed against the evidence
opposing the fact, is more convincing and has a greater probability of truth.
new text end

Sec. 8.

Minnesota Statutes 2008, section 268.042, subdivision 3, is amended to read:


Subd. 3.

Election to have noncovered employment considered covered
employment.

(a) Any employer that has employment performed for it that is noncovered
employment under section 268.035, subdivision 20, may file with the commissioner, by
electronic transmission in a format prescribed by the commissioner, an election that all
new text begin employees in that class of new text endemployment, in one or more distinct establishments or places
of business, is considered covered employment for not less than two calendar years.
The commissioner has discretion on the approval of any election. Upon the approval of
the commissioner, sent by mail or electronic transmission, the employment constitutes
covered employment beginning the calendar quarter after the date of approval or
beginning a later calendar quarter if requested by the employer. The employment ceases to
be considered covered employment as of the first day of January of any calendar year only
if at least 30 calendar days before the first day of January the employer has filed with the
commissioner, by electronic transmission in a format prescribed by the commissioner, a
notice to that effect.

(b) The commissioner must terminate any election agreement under this subdivision
upon 30 calendar days' notice sent by mail or electronic transmission, if the employer is
delinquent on any taxes due or reimbursements due the trust fund.

Sec. 9.

Minnesota Statutes 2008, section 268.043, is amended to read:


268.043 DETERMINATIONS OF COVERAGE.

(a) The commissioner, upon the commissioner's own motion or upon application
of a person, deleted text beginshalldeleted text end new text beginmust new text enddetermine if that person is an employer or whether services
performed for it constitute employment and covered employment, or whether deleted text beginthedeleted text end new text beginany
new text endcompensation deleted text beginfor servicesdeleted text end constitutes wages, and notify the person of the determination.
The determination is final unless the persondeleted text begin,deleted text end new text beginfiles an appeal new text endwithin 20 calendar days
after deleted text beginsending of the determinationdeleted text end new text beginthe commissioner sends the determination new text endby mail
or electronic transmissiondeleted text begin, files an appealdeleted text end. Proceedings on the appeal are conducted in
accordance with section 268.105.

(b) No person may be initially determined an employer, or that services performed
for it were in employment or covered employment, for periods more than four years
before the year in which the determination is made, unless the commissioner finds that
there was fraudulent action to avoid liability under this chapter.

Sec. 10.

Minnesota Statutes 2008, section 268.044, subdivision 2, is amended to read:


Subd. 2.

Failure to timely file report; late fees.

(a) Any employer that fails to
submit the quarterly wage detail report when due must pay a late fee of $10 per employee,
computed based upon the highest of:

(1) the number of employees reported on the last wage detail report submitted;

(2) the number of employees reported in the corresponding quarter of the prior
calendar year; or

(3) if no wage detail report has ever been submitted, the number of employees
listed at the time of employer registration.

The late fee is deleted text beginwaiveddeleted text end new text begincanceled new text endif the wage detail report is received within 30
calendar days after a demand for the report is sent to the employer by mail or electronic
transmission. A late fee assessed an employer may not be deleted text beginwaiveddeleted text end new text begincanceled new text endmore than
twice each 12 months. The amount of the late fee assessed may not be less than $250.

(b) If the wage detail report is not received in a manner and format prescribed by the
commissioner within 30 calendar days after demand is sent under paragraph (a), the late
fee assessed under paragraph (a) doubles and a renewed demand notice and notice of the
increased late fee will be sent to the employer by mail or electronic transmission.

(c) Late fees due under this subdivision may be deleted text begincompromiseddeleted text end new text begincanceled, in whole or
in part,
new text endunder section deleted text begin268.067deleted text end new text begin268.066 new text endwhere good cause for late submission is found by
the commissioner.

Sec. 11.

Minnesota Statutes 2008, section 268.047, subdivision 1, is amended to read:


Subdivision 1.

General rule.

Unemployment benefits paid to an applicant,
including extended and shared work benefits, will be used in computing the future
tax rate of a taxpaying base period employer or charged to the reimbursable account
of a base period nonprofit or government employer that has elected to be liable for
reimbursements except as provided in subdivisions 2 and 3. The amount of unemployment
benefits used in computing the future tax rate of taxpaying employers or charged to the
reimbursable account of a nonprofit or government employer that has elected to be liable
for reimbursements is the same percentage of the total amount of unemployment benefits
paid as the percentage of wage credits from the employer is of the total amount of wage
credits from all the applicant's base period employers.

deleted text begin In making computations under this subdivision, the amount of wage credits, if not a
whole dollar, must be computed to the nearest whole dollar.
deleted text end

Sec. 12.

Minnesota Statutes 2008, section 268.047, subdivision 2, is amended to read:


Subd. 2.

Exceptions for all employers.

Unemployment benefits paid will not be
used in computing the future tax rate of a taxpaying base period employer or charged to
the reimbursable account of a base period nonprofit or government employer that has
elected to be liable for reimbursements when:

(1) the applicant was discharged from the employment because of aggravated
employment misconduct as determined under section 268.095. This exception applies
only to unemployment benefits paid for periods after the applicant's discharge from
employment;

(2) an applicant's discharge from that employment occurred because a law required
removal of the applicant from the position the applicant held;

deleted text begin (3) the employer is in the tourist or recreation industry and is in active operation of
business less than 15 calendar weeks each year and the applicant's wage credits from the
employer are less than 600 times the applicable state or federal minimum wage;
deleted text end

deleted text begin (4)deleted text end new text begin(3) new text endthe employer provided regularly scheduled part-time employment to the
applicant during the applicant's base period and continues to provide the applicant with
regularly scheduled part-time employment during the benefit year of at least 90 percent
of the part-time employment provided in the base period, and is an involved employer
because of the applicant's loss of other employment. This exception terminates effective
the first week that the employer fails to meet the benefit year employment requirements.
This exception applies to educational institutions without consideration of the period
between academic years or terms;

deleted text begin (5)deleted text end new text begin(4) new text endthe employer is a fire department or firefighting corporation or operator
of a life-support transportation service, and continues to provide employment for the
applicant as a volunteer firefighter or a volunteer ambulance service personnel during the
benefit year on the same basis that employment was provided in the base period. This
exception terminates effective the first week that the employer fails to meet the benefit
year employment requirements;

deleted text begin (6)deleted text end new text begin(5) new text endthe applicant's unemployment from this employer was a direct result of
the condemnation of property by a governmental agency, a fire, flood, or act of nature,
where 25 percent or more of the employees employed at the affected location, including
the applicant, became unemployed as a result. This exception does not apply where the
unemployment was a direct result of the intentional act of the employer or a person acting
on behalf of the employer;

deleted text begin (7)deleted text end new text begin(6) new text endthe unemployment benefits were paid by another state as a result of the
transferring of wage credits under a combined wage arrangement provided for in section
268.131;

deleted text begin (8)deleted text end new text begin(7) new text endthe applicant stopped working because of a labor dispute at the applicant's
primary place of employment if the employer was not a party to the labor dispute;

deleted text begin (9)deleted text end new text begin(8) new text endthe unemployment benefits were determined overpaid unemployment benefits
under section 268.18;

deleted text begin (10)deleted text end new text begin(9) new text endthe applicant was employed as a replacement worker, for a period of six
months or longer, for an employee who is in the military reserve and was called for active
duty during the time the applicant worked as a replacement, and the applicant was laid off
because the employee returned to employment after active duty; or

deleted text begin (11)deleted text end new text begin(10) new text endthe trust fund was reimbursed for the unemployment benefits by the
federal government.

Sec. 13.

Minnesota Statutes 2008, section 268.051, subdivision 1, is amended to read:


Subdivision 1.

Payments.

(a) Unemployment insurance taxes and any special
assessments, fees, or surcharges accrue and become payable by each employer for each
calendar year on the taxable wages that the employer paid to employees in covered
employment, except for:

(1) nonprofit organizations that elect to make reimbursements as provided in section
268.053; and

(2) the state of Minnesota and political subdivisions that make reimbursements,
unless they elect to pay taxes as provided in section 268.052.

Each employer must pay taxes quarterly, at the employer's assigned tax rate under
subdivision 6, on the taxable wages paid to each employee. The commissioner must
compute the tax due from the wage detail report required under section 268.044 and notify
the employer of the tax due. The taxes and any special assessments, fees, or surcharges
must be paid to the trust fund and must be received by the department on or before the last
day of the month following the end of the calendar quarter.

(b) deleted text beginThe tax amount computed, if not a whole dollar, is rounded down to the next
lower whole dollar.
deleted text end

deleted text begin (c)deleted text end If for any reason the wages on the wage detail report under section 268.044 are
adjusted for any quarter, the commissioner must recompute the taxes due for that quarter
and assess the employer for any amount due or credit the employer as appropriate.

Sec. 14.

Minnesota Statutes 2008, section 268.051, subdivision 4, is amended to read:


Subd. 4.

Experience rating history transfer.

(a) When:

(1) a taxpaying employer acquires all of the organization, trade or business, or
workforce of another taxpaying employer; and

(2) there is 25 percent or more common ownership or there is substantially common
management or control between the predecessor and successor, the experience rating
history of the predecessor employer is transferred to the successor employer.

(b) When:

(1) a taxpaying employer acquires a portion, but less than all, of the organization,
trade or business, or workforce of another taxpaying employer; and

(2) there is 25 percent or more common ownership or there is substantially common
management or control between the predecessor and successor, the successor employer
acquires, as of the date of acquisition, the experience rating history attributable to the
portion it acquired, and the predecessor employer retains the experience rating history
attributable to the portion that it has retained. If the commissioner determines that
sufficient information is not available to substantiate that a distinct severable portion
was acquired and to assign the appropriate distinct severable portion of the experience
rating history, the commissioner deleted text beginshalldeleted text end new text beginmust new text endassign the successor employer that percentage
of the predecessor employer's experience rating history equal to that percentage of
the employment positions it has obtained, and the predecessor employer retains that
percentage of the experience rating history equal to the percentage of the employment
positions it has retained.

(c) The term "common ownership" for purposes of this subdivision includes
ownership by a spouse, parent, grandparent, child, grandchild, brother, sister, aunt, uncle,
niece, nephew, or first cousin, by birth or by marriage.

(d) Each successor employer that is subject to paragraph (a) or (b) must notify the
commissioner of the acquisition by electronic transmission, in a format prescribed by the
commissioner, within 30 calendar days of the date of acquisition. Any successor employer
that fails to notify the commissioner is subject to the penalties under section 268.184,
subdivision 1a
, if the successor's deleted text beginexperience ratingdeleted text end new text beginassigned tax rate under subdivision 2
or 5
new text endwas lower than the predecessor's deleted text beginexperience ratingdeleted text end new text beginassigned tax rate new text endat the time of
the acquisition. Payments made toward the penalties are credited to the administration
account to be used to ensure integrity in the unemployment insurance program.

(e) If the successor employer under paragraphs (a) and (b) had an experience rating
at the time of the acquisition, the transferred experience rating history of the predecessor
is combined with the successor's experience rating history for purposes of recomputing
a tax rate.

(f) If there has been a transfer of an experience rating history under paragraph (a) or
(b), employment with a predecessor employer is not considered to have been terminated if
similar employment is offered by the successor employer and accepted by the employee.

(g) The commissioner, upon notification of an employer, or upon the commissioner's
own motion if the employer fails to provide the required notification, deleted text beginshalldeleted text end new text beginmust new text enddetermine
if an employer is a successor within the meaning of this subdivision. The commissioner
deleted text begin shalldeleted text endnew text begin mustnew text end, after determining the issue of succession or nonsuccession, recompute the tax
rate under subdivision 6 of all employers affected. The commissioner deleted text beginshalldeleted text end new text beginmust new text endsend the
recomputed tax rate to all affected employers by mail or electronic transmission. Any
affected employer may appeal the recomputed tax rate in accordance with the procedures
in subdivision 6, paragraph (c).

(h) The "experience rating history" for purposes of this subdivision and subdivision
4a means the amount of unemployment benefits paid and the taxable wages that are being
used and would be used in computing the current and any future experience rating.

For purposes of this chapter, an "acquisition" means anything that results in the
obtaining by the successor employer, in any way or manner, of the organization, trade or
business, or workforce of the predecessor employer.

A "distinct severable portion" in paragraph (b) means a location or unit separately
identifiable within the employer's wage detail report under section 268.044.

(i) Regardless of the ownership, management, or control requirements of paragraph
(a), if there is an acquisition or merger of a publicly held corporation by or with another
publicly held corporation the experience rating histories of the corporations are combined
as of the date of acquisition or merger for the purpose of recomputing a tax rate.

Sec. 15.

Minnesota Statutes 2008, section 268.057, subdivision 4, is amended to read:


Subd. 4.

Costs.

new text begin(a) new text endAny person that fails to pay any amount when due under this
chapter is liable for any filing fees, recording fees, sheriff fees, costs incurred by referral
to any public or private collection agency, or litigation costs, including attorney fees,
incurred in the collection of the amounts due.

new text begin (b) new text endIf any tendered payment of any amount due is not honored when presented to
a financial institution for payment, any costs assessed the department by the financial
institution and a fee of $25 must be assessed to the person.

new text begin (c) new text endCosts and fees collected under this subdivision are credited to the administration
account deleted text beginto be used by the commissioner to ensure integrity in the administration of the
unemployment insurance program
deleted text end.

Sec. 16.

Minnesota Statutes 2008, section 268.057, subdivision 5, is amended to read:


Subd. 5.

Interest on amounts past due.

If any amounts due from an employer
under this chapter or section 116L.20, except late fees under section 268.044, are not
received on the date due the unpaid balance bears interest at the rate of one and one-half
percent per month or any part thereof. deleted text beginInterest assessed, if not a whole dollar amount,
is rounded down to the next lower whole dollar.
deleted text end Interest collected is credited to the
contingent account. deleted text beginInterest may be compromised under section 268.067.deleted text end

Sec. 17.

Minnesota Statutes 2008, section 268.0625, subdivision 1, is amended to read:


Subdivision 1.

Notice of debt to licensing authority.

The state of Minnesota or a
political subdivision may not issue, transfer, or renew, and must revoke a license for the
conduct of any profession, trade, or business, if the commissioner notifies the licensing
authority that the licensee, applicant, or employer owes any amount due under this chapter
or section 116L.20, of $500 or more. A licensing authority that has received deleted text beginsuchdeleted text end a notice
may issue, transfer, renew, or not revoke the license only if the licensing authority has
received a copy of the debt clearance certificate issued by the commissioner.

Sec. 18.

Minnesota Statutes 2008, section 268.069, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

The commissioner deleted text beginshalldeleted text end new text beginmust new text endpay unemployment
benefits from the trust fund to an applicant who has met each of the following requirements:

(1) the applicant has filed an application for unemployment benefits and established
a benefit account in accordance with section 268.07;

(2) the applicant has not been held ineligible for unemployment benefits under
section 268.095 because of a quit or discharge;

(3) the applicant has met all of the ongoing eligibility requirements under deleted text beginsectionsdeleted text end
new text begin section new text end268.085 deleted text beginand 268.086deleted text end;

(4) the applicant does not have an outstanding overpayment of unemployment
benefits, including any penalties or interest; and

(5) the applicant has not been held ineligible for unemployment benefits under
section 268.182 because of a false representation or concealment of facts.

Sec. 19.

Minnesota Statutes 2008, section 268.07, subdivision 1, is amended to read:


Subdivision 1.

Application for unemployment benefits; determination of benefit
account.

(a) An application for unemployment benefits may be filed in person, by mail,
or by electronic transmission as the commissioner may require. The applicant must be
unemployed at the time the application is filed and must provide all requested information
in the manner required. If the applicant is not unemployed at the time of the application
or fails to provide all requested information, the communication is not considered an
application for unemployment benefits.

(b) The commissioner deleted text beginshalldeleted text end new text beginmust new text endexamine each application for unemployment
benefits to determine the base period and the benefit year, and based upon all
the covered employment in the base period the commissioner shall determine the
weekly unemployment benefit amount available, if any, and the maximum amount of
unemployment benefits available, if any. The determination deleted text beginis known as thedeleted text endnew text begin, which is a
document separate and distinct from a document titled a determination of eligibility or
determination of ineligibility issued under section 268.101, must be titled
new text end determination of
benefit account. A determination of benefit account must be sent to the applicant and all
base period employers, by mail or electronic transmission.

(c) If a base period employer did not provide wage information for the applicant as
provided for in section 268.044, or provided erroneous information, the commissioner
may accept an applicant certification as to wage credits, based upon the applicant's records,
and issue a determination of benefit account.

(d) The commissioner may, at any time within 24 months from the establishment
of a benefit account, reconsider any determination of benefit account and make an
amended determination if the commissioner finds that the determination was incorrect
for any reason. An amended determination new text beginof benefit account new text endmust be promptly sent
to the applicant and all base period employers, by mail or electronic transmission.new text begin
This subdivision does not apply to documents titled determinations of eligibility or
determinations of ineligibility issued under section 268.101.
new text end

(e) If an amended determination of benefit account reduces the weekly
unemployment benefit amount or maximum amount of unemployment benefits available,
any unemployment benefits that have been paid greater than the applicant was entitled
is considered an overpayment of unemployment benefits. A determination or amended
determination issued under this section that results in an overpayment of unemployment
benefits must set out the amount of the overpayment and the requirement under section
268.18, subdivision 1, that the overpaid unemployment benefits must be repaid.

Sec. 20.

Minnesota Statutes 2008, section 268.07, subdivision 2, is amended to read:


Subd. 2.

Benefit account requirements and weekly unemployment benefit
amount and maximum amount of unemployment benefits.

(a) To establish a benefit
account, an applicant must have:

(1) high quarter wage credits of $1,000 or more; and

(2) wage credits, in other than the high quarter, of $250 or more.

(b) If an applicant has established a benefit account, the weekly unemployment
benefit amount available during the benefit year is the higher of:

(1) 50 percent of the applicant's average weekly wage during the base period, to a
maximum of 66-2/3 percent of the state's average weekly wage; or

(2) 50 percent of the applicant's average weekly wage during the high quarter, to a
maximum of 43 percent of the state's average weekly wage.

The applicant's average weekly wage under clause (1) is computed by dividing
the total wage credits by 52. The applicant's average weekly wage under clause (2) is
computed by dividing the high quarter wage credits by 13.

(c) deleted text beginThe state's maximum weekly unemployment benefit amount and an applicant's
weekly unemployment benefit amount and maximum amount of unemployment benefits
available is rounded down to the next lower whole dollar.
deleted text end The state's maximum weekly
benefit amount, computed in accordance with section 268.035, subdivision 23, applies
to a benefit account established effective on or after the last Sunday in October. Once
established, an applicant's weekly unemployment benefit amount is not affected by the last
Sunday in October change in the state's maximum weekly unemployment benefit amount.

(d) The maximum amount of unemployment benefits available on any benefit
account is the lower of:

(1) 33-1/3 percent of the applicant's total wage credits; or

(2) 26 times the applicant's weekly unemployment benefit amount.

Sec. 21.

Minnesota Statutes 2008, section 268.07, subdivision 3, is amended to read:


Subd. 3.

Second benefit account requirements.

To establish a second benefit
account following the expiration of a benefit year on a prior benefit account, an
applicant must deleted text beginhave sufficient wage credits to establish a benefit account underdeleted text end new text beginmeet the
requirements of
new text endsubdivision 2 and must have performed services in covered employment
after the effective date of the prior benefit account. The wages paid for deleted text beginthat employmentdeleted text end
new text begin those services new text endmust deleted text beginequal not less thandeleted text end new text beginbe at least new text endeight times the weekly unemployment
benefit amount of the prior benefit account. new text beginPart of new text endthe deleted text beginpurpose ofdeleted text end new text beginreason for new text endthis
subdivision is to prevent an applicant from establishing more than one benefit account as a
result of one loss of employment.

Sec. 22.

Minnesota Statutes 2008, section 268.084, is amended to read:


268.084 PERSONAL IDENTIFICATION NUMBER; PRESUMPTION.

(a) Each applicant must be issued a personal identification number (PIN) for the
purpose of filing continued requests for unemployment benefits, accessing information,
and engaging in other transactions with the department.

(b) If a PIN assigned to an applicant is used in the filing of a continued request for
unemployment benefits under section deleted text begin268.086deleted text endnew text begin 268.0865new text end or any other type of transaction,
the applicant is presumed to have been the individual using that PIN and presumed to have
received any unemployment benefit payment issued. This presumption may be rebutted
by a preponderance of the evidence showing that the applicant assigned the PIN was not
the individual who used that PIN in the transaction.

(c) The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end notify each applicant of this section.

Sec. 23.

Minnesota Statutes 2008, section 268.085, subdivision 1, is amended to read:


Subdivision 1.

Eligibility conditions.

An applicant may be eligible to receive
unemployment benefits for any week if:

(1) the applicant has deleted text beginan active benefit account and hasdeleted text end filed a continued request for
unemployment benefits for that week under section deleted text begin268.086deleted text endnew text begin 268.0865new text end;

(2) the week for which unemployment benefits are requested is in the applicant's
benefit year;

(3) the applicant was unemployed as defined in section 268.035, subdivision 26;

(4) the applicant was deleted text beginable to work and wasdeleted text end available for suitable employmentdeleted text begin, and
was actively seeking suitable employment
deleted text endnew text begin as defined in subdivision 15new text end. The applicant's
weekly unemployment benefit amount is reduced one-fifth for each day the applicant
is deleted text beginunable to work or isdeleted text end unavailable for suitable employment. deleted text beginIf the computation of the
reduced unemployment benefits is not a whole dollar, it is rounded down to the next lower
whole dollar.
deleted text end This clause does not apply to an applicant who is in reemployment assistance
training, or each day the applicant is on jury duty or serving as an election judge;

(5) new text beginthe applicant was actively seeking suitable employment as defined in subdivision
16. This clause does not apply to an applicant who is in reemployment assistance training
or who was on jury duty throughout the week;
new text end

new text begin (6) new text endthe applicant has served a nonpayable waiting period of one week that the
applicant is otherwise entitled to some amount of unemployment benefits. This clause
does not apply if the applicant would have been entitled to federal disaster unemployment
assistance because of a disaster in Minnesota, but for the applicant's establishment of a
benefit account under section 268.07; and

deleted text begin (6)deleted text end new text begin(7) new text endthe applicant has been participating in reemployment assistance services,
such as job search and resume writing classes, if the applicant has been determined in
need of reemployment assistance services by the commissioner, unless the applicant
has good cause for failing to participate.

Sec. 24.

Minnesota Statutes 2008, section 268.085, subdivision 2, is amended to read:


Subd. 2.

Not eligible.

An applicant is ineligible for unemployment benefits for
any week:

(1) that occurs before the effective date of a benefit account;

(2) that the applicant, at the beginning of the week, has an outstanding fraud
overpayment balance under section 268.18, subdivision 2, including any penalties and
interest;

(3) that occurs in a period when the applicant is a student in attendance at, or on
vacation from a secondary school including the period between academic years or terms;

(4) that the applicant is incarcerated or performing deleted text begincourt ordereddeleted text end new text begincourt-ordered
new text endcommunity service. The applicant's weekly unemployment benefit amount is reduced
by one-fifth for each day the applicant is incarcerated or performing deleted text begincourt ordereddeleted text end
new text begin court-ordered new text endcommunity servicedeleted text begin. If the computation of the reduced unemployment
benefits is not a whole dollar, it is rounded down to the next lower whole dollar
deleted text end;

(5) that the applicant fails or refuses to provide information on an issue of
ineligibility required under section 268.101;

(6) that the applicant is performing services 32 hours or more, in employment,
covered employment, noncovered employment, volunteer work, or self-employment
regardless of the amount of any earnings; or

(7) with respect to which the applicant is receiving, has received, or has filed an
application for unemployment benefits under any federal law or the law of any other
state. If the appropriate agency finally determines that the applicant is not entitled to the
unemployment benefits, this clause does not apply.

Sec. 25.

Minnesota Statutes 2008, section 268.085, subdivision 3a, is amended to read:


Subd. 3a.

Workers' compensation and disability insurance offset.

(a) An
applicant is not eligible to receive unemployment benefits for any week in which the
applicant is receiving or has received compensation for loss of wages equal to or in excess
of the applicant's weekly unemployment benefit amount under:

(1) the workers' compensation law of this state;

(2) the workers' compensation law of any other state or similar federal law; or

(3) any insurance or trust fund paid in whole or in part by an employer.

(b) This subdivision does not apply to an applicant who has a claim pending for
loss of wages under paragraph (a); however, before unemployment benefits may be paid
when a claim is pending, the issue of the applicant being deleted text beginable to workdeleted text endnew text begin available for
suitable employment
new text end, as required under subdivision 1, clause deleted text begin(2)deleted text endnew text begin (4)new text end, is determined under
section 268.101, subdivision deleted text begin3deleted text endnew text begin 2new text end. If the applicant later receives compensation as a result
of the pending claim, the applicant is subject to the provisions of paragraph (a) and the
unemployment benefits paid are subject to recoupment by the commissioner to the extent
that the compensation constitutes overpaid unemployment benefits.

(c) If the amount of compensation described under paragraph (a) for any week is
less than the applicant's weekly unemployment benefit amount, unemployment benefits
requested for that week are reduced by the amount of that compensation payment.

Sec. 26.

Minnesota Statutes 2008, section 268.085, subdivision 4, is amended to read:


Subd. 4.

Social Security benefits.

(a) Any applicant aged 62 or over is required
to state when filing an application for unemployment benefits and when filing continued
requests for unemployment benefits if the applicant is receiving, has filed for, or intends to
file for, primary Social Security old age benefits for any week during the benefit year.

deleted text begin If the effective date of the applicant's Social Security claim for old age benefits is,
or will be, after the start of the base period, there must be deducted from an applicant's
weekly unemployment benefit amount
deleted text end new text beginUnless paragraph (b) applies, new text end50 percent of the
weekly equivalent of the primary Social Security old age benefit the applicant has
received, has filed for, or intends to file for, with respect to that weeknew text begin must be deducted
from an applicant's weekly unemployment benefit amount
new text end.

new text begin (b) new text endIf deleted text beginthe effective datedeleted text end new text beginall new text endof the applicant's new text beginwage credits were earned while the
applicant was claiming
new text endSocial Security deleted text beginclaim fordeleted text end old age benefits deleted text beginis before the start of the
base period
deleted text end, there is no deduction from the applicant's weekly unemployment benefit
amount.new text begin The purpose of this paragraph is to ensure that an applicant who is claiming
Social Security benefits has demonstrated a desire and ability to work.
new text end

deleted text begin (b)deleted text end new text begin(c) new text endAn applicant who is receiving, has received, or has filed for primary Social
Security disability benefits for any week during the benefit year must be determined
deleted text begin unable to work anddeleted text end unavailable for suitable employment for that week, unless:

(1) the Social Security Administration approved the collecting of primary Social
Security disability benefits each month the applicant was employed during the base
period; or

(2) the applicant provides a statement from an appropriate health care professional
who is aware of the applicant's Social Security disability claim and the basis for that claim,
certifying that the applicant is deleted text beginable to work anddeleted text end available for suitable employment.

If an applicant meets the requirements of clause (1) there is no deduction from the
applicant's weekly benefit amount for any Social Security disability benefits. If only
clause (2) applies, then there must be deducted from the applicant's weekly unemployment
benefit amount 50 percent of the weekly equivalent of the primary Social Security
disability benefits the applicant is receiving, has received, or has filed for, with respect
to that week; provided, however, that if the Social Security Administration determines
that an individual is not entitled to receive primary Social Security disability benefits for
any week the applicant has applied for those benefits, the 50 percent deduction does not
apply to that week.

deleted text begin (c)deleted text end new text begin(d) new text endInformation from the Social Security Administration is considered conclusive,
absent specific evidence showing that the information was erroneous.

deleted text begin (d) If the computation of the reduced unemployment benefits is not a whole dollar, it
is rounded down to the next lower whole dollar.
deleted text end

(e) This subdivision does not apply to Social Security survivor benefits.

Sec. 27.

Minnesota Statutes 2008, section 268.085, subdivision 5, is amended to read:


Subd. 5.

Deductible earnings.

(a) If the applicant has earnings, including holiday
pay, with respect to any week, from employment, covered employment, noncovered
employment, self-employment, or volunteer work, equal to or in excess of the applicant's
weekly unemployment benefit amount, the applicant is ineligible for unemployment
benefits for that week.

(b) If the applicant has earnings, with respect to any week, that is less than
the applicant's weekly unemployment benefit amount, from employment, covered
employment, noncovered employment, self-employment, or volunteer work, 55 percent of
the earnings are deducted from the weekly unemployment benefit amount.

deleted text begin The resulting unemployment benefit, if not a whole dollar, is rounded down to the
next lower whole dollar.
deleted text end

(c) No deduction is made from an applicant's weekly unemployment benefit amount
for earnings from service in the National Guard or a United States military reserve unit or
from direct service as a volunteer firefighter or volunteer ambulance service personnel.
This exception to paragraphs (a) and (b) does not apply to on-call or standby pay provided
to a volunteer firefighter or volunteer ambulance service personnel. No deduction is made
for jury duty pay or for pay as an election judge.

(d) The applicant may report deductible earnings on continued requests for
unemployment benefits at the next lower whole dollar amount.

(e) Deductible earnings does not include any money considered a deductible
payment under subdivision 3, but includes all compensation considered wages under
section 268.035, subdivision 29, and any other compensation considered earned income
under state and federal law for income tax purposes.

Sec. 28.

new text begin [268.0865] CONTINUED REQUEST FOR UNEMPLOYMENT
BENEFITS.
new text end

new text begin Subdivision 1. new text end

new text begin Continued request for unemployment benefits defined. new text end

new text begin A
continued request for unemployment benefits is a certification by an applicant, done
on a weekly basis, that the applicant is unemployed and meets the ongoing eligibility
requirements for unemployment benefits under section 268.085. A continued request
must include information on possible issues of ineligibility in accordance with section
268.101, subdivision 1, paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Filing continued requests for unemployment benefits. new text end

new text begin (a) The
commissioner must designate to each applicant one of the following methods for filing a
continued request:
new text end

new text begin (1) by electronic transmission under subdivision 3; or
new text end

new text begin (2) by mail under subdivision 4.
new text end

new text begin (b) The method designated by the commissioner is the only method allowed for
filing a continued request by that applicant. An applicant may ask that the other allowed
method be designated and the commissioner must consider inconvenience to the applicant
as well as administrative capacity in determining whether to allow an applicant to change
the designated method for filing a continued request for unemployment benefits.
new text end

new text begin Subd. 3. new text end

new text begin Continued request for unemployment benefits by electronic
transmission.
new text end

new text begin (a) A continued request for unemployment benefits by electronic
transmission must be filed to that electronic mail address, telephone number, or Internet
address prescribed by the commissioner for that applicant. In order to constitute a
continued request, all information asked for, including information authenticating that the
applicant is sending the transmission, must be provided in the format required. If all of the
information asked for is not provided, the communication does not constitute a continued
request for unemployment benefits.
new text end

new text begin (b) The electronic transmission communication must be filed on the date and during
the time of day designated for the applicant for filing a continued request by electronic
transmission.
new text end

new text begin (c) If the electronic transmission continued request is not filed on the date and
during the time of day designated, a continued request by electronic transmission must be
accepted if the applicant files the continued request by electronic transmission within two
calendar weeks following the week in which the date designated occurred. If the continued
request by electronic transmission is not filed within two calendar weeks following the
week in which the date designated occurred, the electronic continued request will not be
accepted and the applicant is ineligible for unemployment benefits for the period covered
by the continued request, unless the applicant shows good cause for failing to file the
continued request by electronic transmission within the time period required.
new text end

new text begin Subd. 4. new text end

new text begin Continued request for unemployment benefits by mail. new text end

new text begin (a) A
continued request for unemployment benefits by mail must be on a form prescribed by
the commissioner. The form, in order to constitute a continued request, must be totally
completed and signed by the applicant. The form must be filed on the date required for
the applicant for filing a continued request by mail, in an envelope with postage prepaid,
and sent to the address designated.
new text end

new text begin (b) If the mail continued request for unemployment benefits is not filed on the date
designated, a continued request must be accepted if the form is filed by mail within two
calendar weeks following the week in which the date designated occurred. If the form
is not filed within two calendar weeks following the week in which the date designated
occurred, the form will not be accepted and the applicant is ineligible for unemployment
benefits for the period covered by the continued request for unemployment benefits,
unless the applicant shows good cause for failing to file the form by mail within the time
period required.
new text end

new text begin (c) If the applicant has been designated to file a continued request for unemployment
benefits by mail, an applicant may submit the form by facsimile transmission on the day
otherwise required for mailing, or within two calendar weeks following the week in which
the date designated occurred. A form submitted by facsimile transmission must be sent
only to the telephone number assigned for that purpose.
new text end

new text begin (d) An applicant who has been designated to file a continued request by mail may
personally deliver a continued request form only to the location to which the form was
otherwise designated to be mailed.
new text end

new text begin Subd. 5. new text end

new text begin Good cause defined. new text end

new text begin (a) "Good cause" for purposes of this section is a
compelling substantial reason that would have prevented a reasonable person acting with
due diligence from filing a continued request for unemployment benefits within the time
periods required.
new text end

new text begin (b) Good cause does not include forgetfulness, loss of the continued request form if
filing by mail, having returned to work, having an appeal pending, or inability to file a
continued request for unemployment benefits by the method designated if the applicant
was aware of the inability and did not make diligent effort to have the method of filing
a continued request changed by the commissioner. Good cause does not include having
previously made an attempt to file a continued request for unemployment benefits but
where the communication was not considered a continued request because the applicant
failed to submit all required information.
new text end

Sec. 29.

Minnesota Statutes 2008, section 268.095, subdivision 4, is amended to read:


Subd. 4.

Discharge.

An applicant who was discharged from employment by an
employer is ineligible for all unemployment benefits according to subdivision 10 only
ifnew text begin a preponderance of the evidence showsnew text end:

(1) the applicant was discharged because of employment misconduct as defined
in subdivision 6; or

(2) the applicant was discharged because of aggravated employment misconduct as
defined in subdivision 6a.

Sec. 30.

Minnesota Statutes 2008, section 268.095, subdivision 10, is amended to read:


Subd. 10.

Ineligibility duration.

(a) Ineligibility from the payment of all
unemployment benefits under subdivisions 1 and 4 is for the duration of the applicant's
unemployment and until the end of the calendar week that the applicant had total earnings
in subsequent covered employment of eight times the applicant's weekly unemployment
benefit amount.

(b) Ineligibility imposed under subdivisions 1 and 4 begins on the Sunday of the
week that the applicant became separated from employment.

(c) In addition to paragraph (a), if the applicant was discharged from employment
because of aggravated employment misconduct, wage credits from that employment are
cancelednew text begin and cannot be used for purposes of a benefit account under section 268.07,
subdivision 2
new text end.

Sec. 31.

Minnesota Statutes 2008, section 268.095, subdivision 11, is amended to read:


Subd. 11.

Application.

(a) new text beginThis section and new text endsection 268.085, subdivision 13c,
deleted text begin and this sectiondeleted text end apply to all covered employment, full time or part time, temporary or of
limited duration, permanent or of indefinite duration, that occurred in Minnesota during
the base period, the period between the end of the base period and the effective date of the
benefit account, or the benefit yeardeleted text begin, except as provided for in subdivision 1, clause (5)deleted text end.

(b) Paragraph (a) also applies to employment covered under an unemployment
insurance program of any other state or established by an act of Congress.

Sec. 32.

Minnesota Statutes 2008, section 268.101, subdivision 1, is amended to read:


Subdivision 1.

Notification.

(a) In an application for unemployment benefits, each
applicant must report the name and the reason for no longer working for the applicant's
most recent employer, as well as the names of all employers and the reasons for no
longer working for all employers during the six calendar months before the date of the
application. If the reason reported for no longer working for any of those employers is
other than a layoff because of lack of work, that raises an issue of ineligibility that the
department must determine. An applicant must report any offers of employment refused
during the eight calendar weeks before the date of the application for unemployment
benefits and the name of the employer that made the offer. An applicant's failure to report
the name of an employer, or giving an incorrect reason for no longer working for an
employer, or failing to disclose an offer of employment that was refused, is a violation of
section 268.182, subdivision 2.

In an application, the applicant must also provide all information necessary to
determine the applicant's eligibility for unemployment benefits under this chapter. If the
applicant fails or refuses to provide information necessary to determine the applicant's
eligibility for unemployment benefits, the applicant is ineligible for unemployment
benefits under section 268.085, subdivision 2, until the applicant provides this required
information.

(b) Upon establishment of a benefit account under section 268.07, subdivision 2,
the commissioner shall notify, by mail or electronic transmission, all employers the
applicant was required to report on the application and all base period employers and
determined successors to those employers under section 268.051, subdivision 4, in order
to provide the employer an opportunity to raise, in a manner and format prescribed by the
commissioner, any issue of ineligibility. An employer must be informed of the effect that
failure to raise an issue of ineligibility as a result of a quit or discharge of the applicant,
deleted text begin within ten calendar days after sending of the notice,deleted text end as provided for under subdivision 2,
paragraph (b), may have on the employer under section 268.047.

(c) Each applicant must report any employment, and loss of employment, and offers
of employment refused, during those weeks the applicant filed continued requests for
unemployment benefits under section deleted text begin268.086deleted text endnew text begin 268.0865new text end. Each applicant who stops filing
continued requests during the benefit year and later begins filing continued requests during
that same benefit year must report the name of any employer the applicant worked for
during the period between the filing of continued requests and the reason the applicant
stopped working for the employer. The applicant must report any offers of employment
refused during the period between the filing of continued requests for unemployment
benefits. Those employers from which the applicant has reported a loss of employment
under this paragraph must be notified by mail or electronic transmission and provided an
opportunity to raise, in a manner prescribed by the commissioner, any issue of ineligibility.
An employer must be informed of the effect that failure to raise an issue of ineligibility as
a result of a quit or a discharge of the applicant may have on the employer under section
268.047.

(d) The purpose for requiring the applicant to report the name of employers and the
reason for no longer working for those employers, or offers of employment refused, under
paragraphs (a) and (c) is for the commissioner to obtain information from an applicant
raising all issues that may result in the applicant being ineligible for unemployment
benefits under section 268.095, because of a quit or discharge, or the applicant being
ineligible for unemployment benefits under section 268.085, subdivision 13c. If the
reason given by the applicant for no longer working for an employer is other than a layoff
because of lack of work, that raises an issue of ineligibility and the applicant is required,
as part of the determination process under subdivision 2, paragraph (a), to state all the
facts about the cause for no longer working for the employer, if known. If the applicant
fails or refuses to provide any required information, the applicant is ineligible for
unemployment benefits under section 268.085, subdivision 2, until the applicant provides
this required information.

Sec. 33.

Minnesota Statutes 2008, section 268.101, subdivision 2, is amended to read:


Subd. 2.

Determination.

(a) The commissioner deleted text beginshalldeleted text end new text beginmust new text enddetermine any issue
of ineligibility raised by information required from an applicant under subdivision 1,
paragraph (a) or (c), and send to the applicant and any involved employer, by mail or
electronic transmission, a new text begindocument titled a new text enddetermination of eligibility or a determination
of ineligibility, as is appropriate. The determination on an issue of ineligibility as a result
of a quit or a discharge of the applicant must state the effect on the employer under section
268.047. A determination must be made in accordance with this paragraph even if a
notified employer has not raised the issue of ineligibility.

(b) The commissioner deleted text beginshalldeleted text end new text beginmust new text enddetermine any issue of ineligibility raised by an
employer and send to the applicant and that employer, by mail or electronic transmission,
a new text begindocument titled a new text enddetermination of eligibility or a determination of ineligibility as is
appropriate. The determination on an issue of ineligibility as a result of a quit or discharge
of the applicant must state the effect on the employer under section 268.047.

If a base period employer:

(1) was not the applicant's most recent employer before the application for
unemployment benefits;

(2) did not employ the applicant during the six calendar months before the
application for unemployment benefits; and

(3) did not raise an issue of ineligibility as a result of a quit or discharge of the
applicant within ten calendar days of notification under subdivision 1, paragraph (b);

then any exception under section 268.047, subdivisions 2 and 3, begins the Sunday two
weeks following the week that the issue of ineligibility as a result of a quit or discharge of
the applicant was raised by the employer.

A communication from an employer must specifically set out why the applicant
should be determined ineligible for unemployment benefits for that communication to be
considered to have raised an issue of ineligibility for purposes of this section. A statement
of "protest" or a similar term without more information does not constitute raising an issue
of ineligibility for purposes of this section.

(c) An issue of ineligibility is determined based upon that information required of
an applicant, any information that may be obtained from an applicant or employer, and
information from any other sourcedeleted text begin, without regard to any burden of proofdeleted text end.

(d) Regardless of the requirements of this subdivision, the commissioner is not
required to send to an applicant a copy of the determination where the applicant has
satisfied a period of ineligibility because of a quit or a discharge under section 268.095,
subdivision 10
.

(e) The commissioner may issue a determination on an issue of ineligibility at any
time within 24 months from the establishment of a benefit account based upon information
from any source, even if the issue of ineligibility was not raised by the applicant or an
employer. This paragraph does not prevent the imposition of a penalty new text beginon an applicant
new text endunder section 268.18, subdivision 2, or 268.182.

(f) A determination of eligibility or determination of ineligibility is final unless an
appeal is filed by the applicant or notified employer within 20 calendar days after sending.
The determination must contain a prominent statement indicating the consequences of not
appealing. Proceedings on the appeal are conducted in accordance with section 268.105.

(g) An issue of ineligibility required to be determined under this section includes
any question regarding the denial or allowing of unemployment benefits under this chapter
except for issues under section 268.07. An issue of ineligibility for purposes of this section
includes any question of effect on an employer under section 268.047.

(h) Except for issues of ineligibility as a result of a quit or discharge of the applicant,
the employer will be (1) sent a copy of the determination of eligibility or a determination
of ineligibility, or (2) considered an involved employer for purposes of an appeal under
section 268.105, only if the employer raised the issue of ineligibility.

Sec. 34.

Minnesota Statutes 2008, section 268.103, subdivision 1, is amended to read:


Subdivision 1.

In commissioner's discretion.

new text begin(a) new text endThe commissioner deleted text beginshall have
the discretion to
deleted text end new text beginmay new text endallow an appeal to be filed by electronic transmission. If the
commissioner allows an appeal to be filed by electronic transmission, that must be clearly
set out on the determination or decision subject to appeal.

new text begin (b) new text endThe commissioner may restrict the mannerdeleted text begin,deleted text end new text beginand new text endformatdeleted text begin, and conditionsdeleted text end under
which an appeal by electronic transmission may be filed. deleted text beginAnydeleted text end Restrictions deleted text beginasdeleted text end to deleted text begindays,
hours,
deleted text endnew text begin a specificnew text end telephone numberdeleted text begin,deleted text endnew text begin ornew text end electronic addressdeleted text begin, or other conditions,deleted text end must be
clearly set out on the determination or decision subject to appeal.

new text begin (c) new text endAll information requested by the commissioner when an appeal is filed by
electronic transmission must be supplied or the communication does not constitute an
appeal.

new text begin (d) This section applies to requests for reconsideration under section 268.105,
subdivision 2.
new text end

Sec. 35.

Minnesota Statutes 2008, section 268.105, subdivision 1, is amended to read:


Subdivision 1.

Evidentiary hearing by unemployment law judge.

(a) Upon
a timely appeal having been filed, the department must send, by mail or electronic
transmission, a notice of appeal to all involved parties that an appeal has been filed, new text beginandnew text end
that a de novo due process evidentiary hearing will be scheduleddeleted text begin, and that the parties
have
deleted text enddeleted text begincertaindeleted text endnew text begin. The notice must set out the parties'new text end rights and responsibilities regarding the
hearing. new text beginThe notice must explain that the matter will be decided by the unemployment
law judge based upon a preponderance of the evidence. The notice must explain in clear
and simple language the meaning of the term "preponderance of the evidence."
new text end The
department must set a time and place for a de novo due process evidentiary hearing and
send notice to any involved applicant and any involved employer, by mail or electronic
transmission, not less than ten calendar days before the date of the hearing.

(b) The evidentiary hearing is conducted by an unemployment law judge deleted text beginwithoutdeleted text end
deleted text begin regard to any burden of proofdeleted text end as an evidence gathering inquiry deleted text beginand not an adversarialdeleted text end
deleted text begin proceedingdeleted text end. new text beginAt the beginning of the hearing the unemployment law judge must fully
explain how the hearing will be conducted, that the matter will be decided upon a
preponderance of the evidence, and, in clear and simple language, the meaning of the
term "preponderance of the evidence."
new text end The unemployment law judge must ensure that
all relevant facts are clearly and fully developed. The department may adopt rules on
evidentiary hearings. The rules need not conform to common law or statutory rules of
evidence and other technical rules of procedure. The department has discretion regarding
the method by which the evidentiary hearing is conducted. A report of any employee of
the department, except a determination, made in the regular course of the employee's
duties, is competent evidence of the facts contained in it.

(c) After the conclusion of the hearing, upon the evidence obtained, the
unemployment law judge must make findings of fact and decision and send those, by mail
or electronic transmission, to all involved parties. When the credibility of an involved
party or witness testifying in an evidentiary hearing has a significant effect on the outcome
of a decision, the unemployment law judge must set out the reason for crediting or
discrediting that testimony. The unemployment law judge's decision is final unless a
request for reconsideration is filed under subdivision 2.

(d) Regardless of paragraph (c), if the appealing party fails to participate in the
evidentiary hearing, the unemployment law judge has the discretion to dismiss the appeal
by summary order. By failing to participate, the appealing party is considered to have
failed to exhaust available administrative remedies unless the appealing party files a
request for reconsideration under subdivision 2 and establishes good cause for failing to
participate in the evidentiary hearing under subdivision 2, paragraph (d). Submission
of a written statement does not constitute participation. The applicant must participate
personally and appearance solely by a representative does not constitute participation.

(e) Only employees of the department who are attorneys licensed to practice law
in Minnesota may serve as new text beginthe chief unemployment law judge, senior unemployment
law judges who are supervisors, or
new text endunemployment law judges. The commissioner
new text begin must designate a chief unemployment law judge. The chief unemployment law judge
new text endmay transfer to another unemployment law judge any proceedings pending before an
unemployment law judge.

Sec. 36.

Minnesota Statutes 2008, section 268.105, subdivision 2, is amended to read:


Subd. 2.

Request for reconsideration.

(a) Any involved applicant, involved
employer, or the commissioner may, within 20 calendar days of the sending of the
unemployment law judge's decision under subdivision 1, file a request for reconsideration
asking the unemployment law judge to reconsider that decision. Section 268.103 applies
to a request for reconsideration. If a request for reconsideration is timely filed, the
unemployment law judge must issue an order:

(1) modifying the findings of fact and decision issued under subdivision 1;

(2) setting aside the deleted text beginfindings of fact anddeleted text end decision issued under subdivision 1 and
directing that an additional evidentiary hearing be conducted under subdivision 1; or

(3) affirming the findings of fact and decision issued under subdivision 1.

(b) Upon a timely request for reconsideration having been filed, the department must
send a notice, by mail or electronic transmission, to all involved parties that a request for
reconsideration has been filed. The notice must inform the involved parties:

(1) of the opportunity to provide comment on the request for reconsideration, and
the right under subdivision 5 to obtain a copy of any recorded testimony and exhibits
offered or received into evidence at the evidentiary hearing;

(2) that providing specific comments as to a perceived factual or legal error in the
decision, or a perceived error in procedure during the evidentiary hearing, will assist the
unemployment law judge in deciding the request for reconsideration;

(3) of the right to obtain any comments and submissions provided by the other
involved party regarding the request for reconsideration; and

(4) of the provisions of paragraph (c) regarding additional evidence.

This paragraph does not apply if paragraph (d) is applicable.

(c) In deciding a request for reconsideration, the unemployment law judge must not,
except for purposes of determining whether to order an additional evidentiary hearing,
consider any evidence that was not submitted at the evidentiary hearing conducted under
subdivision 1.

The unemployment law judge must order an additional evidentiary hearing if an
involved party shows that evidence which was not submitted at the evidentiary hearing:
(1) would likely change the outcome of the decision and there was good cause for not
having previously submitted that evidence; or (2) would show that the evidence that was
submitted at the evidentiary hearing was likely false and that the likely false evidence had
an effect on the outcome of the decision.

(d) If the involved applicant or involved employer who filed the request for
reconsideration failed to participate in the evidentiary hearing conducted under subdivision
1, an order setting aside the deleted text beginfindings of fact anddeleted text end decision and directing that an additional
evidentiary hearing be conducted must be issued if the party who failed to participate had
good cause for failing to do so. In the notice that a request for reconsideration has been
filed, the party who failed to participate must be informed of the requirement, and provided
the opportunity, to show good cause for failing to participate. If the unemployment
law judge determines that good cause for failure to participate has not been shown, the
unemployment law judge must state that in the order issued under paragraph (a).

Submission of a written statement at the evidentiary hearing under subdivision 1
does not constitute participation for purposes of this paragraph.

All involved parties must be informed of this paragraph with the notice of appeal
and notice of hearing provided for in subdivision 1.

"Good cause" for purposes of this paragraph is a reason that would have prevented a
reasonable person acting with due diligence from participating at the evidentiary hearing.

(e) A request for reconsideration must be decided by the unemployment law judge
who issued the deleted text beginfindings of fact anddeleted text end decision under subdivision 1 unless that unemployment
law judge: (1) is no longer employed by the department; (2) is on an extended or indefinite
leave; (3) has been disqualified from the proceedings on the judge's own motion; or (4)
has been removed from the proceedings deleted text beginas provided for under subdivision 1 or applicable
rule
deleted text endnew text begin by the chief unemployment law judgenew text end.

(f) The unemployment law judge must send to any involved applicant or involved
employer, by mail or electronic transmission, the order issued under this subdivision. An
order modifying the previously issued findings of fact and decision or an order affirming
the previously issued findings of fact and decision is the final department decision on the
matter and is final and binding on the involved applicant and involved employer unless
judicial review is sought under subdivision 7.

Sec. 37.

Minnesota Statutes 2008, section 268.105, subdivision 3a, is amended to read:


Subd. 3a.

Decisions.

(a) If an unemployment law judge's decision or order
allows unemployment benefits to an applicant, the unemployment benefits must be paid
regardless of any request for reconsideration or any appeal to the Minnesota Court of
Appeals having been filed.

(b) If an unemployment law judge's decision or order modifies or reverses a
determination, or prior decision of the unemployment law judge, allowing unemployment
benefits to an applicant, any benefits paid in accordance with the determination, or
prior decision of the unemployment law judge, is considered an overpayment of those
unemployment benefits. A decision or order issued under this section that results in an
overpayment of unemployment benefits must set out the amount of the overpayment and
the requirement under section 268.18, subdivision 1, that the overpaid unemployment
benefits must be repaid.

(c) If an unemployment law judge's order under subdivision 2 allows unemployment
benefits to an applicant under section 268.095 because of a quit or discharge and the
unemployment law judge's decision is reversed by the Minnesota Court of Appeals or
the Supreme Court of Minnesota, new text beginthe applicant cannot be held ineligible for new text endany new text beginof
the
new text endunemployment benefits paid the applicant new text beginand it new text endis not considered an overpayment
of those unemployment benefits under section 268.18, subdivision 1.new text begin The effect of the
court's reversal is the application of section 268.047, subdivision 3, in computing the
future tax rate of the employer.
new text end

(d) If an unemployment law judge, under subdivision 2, orders the taking of
additional evidence, the unemployment law judge's prior decision must continue to be
enforced until new findings of fact and decision are made by the unemployment law judge.

Sec. 38.

Minnesota Statutes 2008, section 268.105, subdivision 4, is amended to read:


Subd. 4.

Oaths; subpoenas.

An unemployment law judge has authority to
administer oaths and affirmations, take depositions, and issue subpoenas to compel the
attendance of witnesses and the production of documents and other personal property
considered necessary as evidence in connection with the subject matter of an evidentiary
hearing.

new text begin The unemployment law judge must give full consideration to a request for a
subpoena and must not unreasonably deny a request for a subpoena. If a subpoena request
is initially denied, the unemployment law judge must, on the unemployment law judge's
own motion, reconsider that request during the evidentiary hearing and rule on whether
the request was properly denied. If the request was not properly denied, the evidentiary
hearing must be continued for issuance of the subpoena.
new text end The subpoenas are enforceable
through the district court in Ramsey County. Witnesses subpoenaed, other than an involved
applicant or involved employer or officers and employees of an involved employer, must
be paid by the department the same witness fees as in a civil action in district court.

Sec. 39.

Minnesota Statutes 2008, section 268.115, subdivision 5, is amended to read:


Subd. 5.

Maximum amount of extended unemployment benefits.

The maximum
amount of extended unemployment benefits available to an applicant is 50 percent of the
maximum amount of regular unemployment benefits available in the benefit yeardeleted text begin, rounded
down to the next lower whole dollar
deleted text end. If the total rate of unemployment computed under
subdivision 1, clause (2)(ii), equaled or exceeded eight percent, the maximum amount
of extended unemployment benefits available is 80 percent of the maximum amount of
regular unemployment benefits available in the benefit year.

Sec. 40.

Minnesota Statutes 2008, section 268.125, subdivision 5, is amended to read:


Subd. 5.

Maximum amount of unemployment benefits.

The maximum amount
of additional unemployment benefits available in the applicant's benefit year is one-half
of the applicant's maximum amount of regular unemployment benefits available under
section 268.07, subdivision 2deleted text begin, rounded down to the next lower whole dollardeleted text end. Extended
unemployment benefits paid and unemployment benefits paid under any federal law other
than regular unemployment benefits must be deducted from the maximum amount of
additional unemployment benefits available.

Sec. 41.

Minnesota Statutes 2008, section 268.135, subdivision 4, is amended to read:


Subd. 4.

Weekly benefit amount.

(a) An applicant who is eligible for shared work
benefits is paid an amount equal to the regular weekly unemployment benefit amount
multiplied by the nearest full percentage of reduction of the applicant's regular weekly
hours of work as set in the plan. deleted text beginThe benefit payment, if not a whole dollar must be
rounded down to the next lower whole dollar.
deleted text end

(b) The deductible earnings provisions of section 268.085, subdivision 5, must not
apply to earnings from the shared work employer of an applicant eligible for shared work
benefits unless the resulting amount would be less than the regular weekly unemployment
benefit amount the applicant would otherwise be eligible for without regard to shared
work benefits.

(c) An applicant is not eligible for shared work benefits for any week that
employment is performed for the shared work employer in excess of the reduced hours
set forth in the plan.

Sec. 42.

Minnesota Statutes 2008, section 268.145, subdivision 1, is amended to read:


Subdivision 1.

Notification.

(a) Upon filing an application for unemployment
benefits, the applicant must be informed that:

(1) unemployment benefits are subject to federal and state income tax;

(2) there are requirements for filing estimated tax payments;

(3) the applicant may elect to have federal income tax withheld from unemployment
benefits;

(4) if the applicant elects to have federal income tax withheld, the applicant may, in
addition, elect to have Minnesota state income tax withheld; and

(5) at any time during the benefit year the applicant may change a prior election.

(b) If an applicant elects to have federal income tax withheld, the commissioner
deleted text begin shalldeleted text end new text beginmust new text enddeduct ten percent for federal income taxdeleted text begin, rounded down to the next lower
whole dollar
deleted text end. If an applicant also elects to have Minnesota state income tax withheld, the
commissioner deleted text beginshalldeleted text end new text beginmust new text endmake an additional five percent deduction for state income
taxdeleted text begin, rounded down to the next lower whole dollardeleted text end. Any amounts deducted or offset under
sections 268.155, 268.18, and 268.184 have priority over any amounts deducted under this
section. Federal income tax withholding has priority over state income tax withholding.

(c) An election to have income tax withheld may not be retroactive and only applies
to unemployment benefits paid after the election.

Sec. 43.

Minnesota Statutes 2008, section 268.18, subdivision 1, is amended to read:


Subdivision 1.

Nonfraud overpayment.

(a) Any applicant who (1) because of a
determination or amended determination issued under section 268.07 or 268.101, or any
other section of this chapter, or (2) because of an appeal decision or order under section
268.105, has received any unemployment benefits that the applicant was held not entitled
to, must promptly repay the unemployment benefits to the trust fund.

(b) If the applicant fails to repay the unemployment benefits overpaid, the
commissioner may offset from any future unemployment benefits otherwise payable the
amount of the overpayment. Except when the overpayment resulted because the applicant
failed to report deductible earnings or deductible or benefit delaying payments, no single
offset may exceed 50 percent of the amount of the payment from which the offset is made.
The overpayment may also be collected by the deleted text beginsamedeleted text end methods deleted text beginas delinquent paymentsdeleted text endnew text begin
allowed under state and federal law
new text end deleted text beginfrom an employerdeleted text end.

(c) If an applicant has been overpaid unemployment benefits under the law of
another state, because of a reason other than fraud, and that state certifies that the applicant
is liable under its law to repay the unemployment benefits and requests the commissioner
to recover the overpayment, the commissioner may offset from future unemployment
benefits otherwise payable the amount of overpayment, except that no single offset may
exceed 50 percent of the amount of the payment from which the offset is made.

deleted text begin (d) If under paragraph (b) or (c) the reduced unemployment benefits as a result of
a 50 percent offset is not a whole dollar amount, it is rounded down to the next lower
whole dollar.
deleted text end

Sec. 44.

Minnesota Statutes 2008, section 268.18, subdivision 2, is amended to read:


Subd. 2.

Overpayment because of fraud.

(a) Any applicant who receives
unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose
any material fact, or who makes a false statement or representation without a good faith
belief as to the correctness of the statement or representation, has committed fraud. After
the discovery of facts indicating fraud, the commissioner deleted text beginshalldeleted text end new text beginmust new text endmake a determination
that the applicant obtained unemployment benefits by fraud and that the applicant must
promptly repay the unemployment benefits to the trust fund. In addition, the commissioner
deleted text begin shalldeleted text end new text beginmust new text endassess a penalty equal to 40 percent of the amount fraudulently obtained. This
penalty is in addition to penalties under section 268.182.

(b) Unless the applicant files an appeal within 20 calendar days after the sending
of the determination of overpayment by fraud to the applicant by mail or electronic
transmission, the determination is final. Proceedings on the appeal are conducted in
accordance with section 268.105.

(c) If the applicant fails to repay the unemployment benefits, penalty, and interest
assessed, the total due may be collected by the deleted text beginsamedeleted text end methods deleted text beginas delinquent payments
from an employer
deleted text endnew text begin allowed under state and federal lawnew text end. A determination of overpayment
by fraud must state the methods of collection the commissioner may use to recover the
overpayment. Money received in repayment of fraudulently obtained unemployment
benefits, penalties, and interest is first applied to the unemployment benefits overpaid, then
to the penalty amount due, then to any interest due. 62.5 percent of the payments made
toward the penalty are credited to the contingent account and 37.5 percent credited to the
administration account deleted text beginfor deterring, detecting, or collecting overpaymentsdeleted text end.

(d) If an applicant has been overpaid unemployment benefits under the law of
another state because of fraud and that state certifies that the applicant is liable to repay
the unemployment benefits and requests the commissioner to recover the overpayment,
the commissioner may offset from future unemployment benefits otherwise payable the
amount of overpayment.

(e) Unemployment benefits paid for weeks more than four years before the date of a
determination of overpayment by fraud issued under this subdivision are not considered
overpaid unemployment benefits.

Sec. 45.

Minnesota Statutes 2008, section 268.196, subdivision 1, is amended to read:


Subdivision 1.

Administration account.

(a) There is created in the state treasury a
special account to be known as the administration account. All money that is deposited
deleted text begin or paiddeleted text end into this account is continuously available to the commissioner for expenditure to
administer the Minnesota unemployment insurance program, and does not lapse at any
time. The administration account consists of:

(1) all money received from the federal government to administer the Minnesota
unemployment insurance programnew text begin, any federal unemployment insurance program, or
assistance provided to any other state to administer that state's unemployment insurance
program
new text end;

(2) five percent of any money recovered on overpaid unemployment benefits as
provided for in section 268.194, subdivision 1, clause (7), which must be used for
deterring, detecting, and collecting overpaid unemployment benefits;

(3) any money received as compensation for services or facilities supplied to the
federal government or any other state;

(4) new text beginany money credited to this account under this chapter;
new text end

new text begin (5) new text endany amounts received for losses sustained by this account or by reason of
damage to equipment or supplies; and

deleted text begin (5)deleted text end new text begin(6) new text endany proceeds from the sale or disposition of any equipment or supplies that
may no longer be necessary for the proper administration of those sections.

(b) All money in this account must be deposited, administered, and disbursed in the
same manner and under the same conditions and requirements as are provided by law for
the other special accounts in the state treasury. The commissioner of finance, as treasurer
and custodian of this account, is liable for the faithful performance of duties in connection
with this account.

deleted text begin (c) All money in this account must be spent for the purposes and in the amounts
found necessary by the United States Secretary of Labor for the proper and efficient
administration of the Minnesota unemployment insurance program.
deleted text end

Sec. 46.

Minnesota Statutes 2008, section 268.196, subdivision 2, is amended to read:


Subd. 2.

State to replace money wrongfully used.

If any money received under
United States Code, title 42, section 501 of the Social Security Act deleted text beginor the Wagner-Peyser
Act,
deleted text end is found by the United States Secretary of Labor to have been spent for purposes
other thandeleted text begin, or in amounts in excess of, those necessarydeleted text end for the proper administration of the
Minnesota unemployment insurance program, deleted text beginthe commissioner may replace the money
from the contingent account. If the money is not replaced from the contingent account,
it is the policy of this state that the money be replaced by money appropriated for that
purpose from the general funds of this state. If not replaced from the contingent account,
deleted text end
the commissioner deleted text beginshalldeleted text endnew text begin mustnew text end, at the earliest opportunity, submit to the legislature a request
for the appropriation of that amount.

Sec. 47.

Minnesota Statutes 2008, section 268.199, is amended to read:


268.199 CONTINGENT ACCOUNT.

(a) There is created in the state treasury a special account, to be known as the
contingent account, that does not lapse nor revert to any other fund or account. This
account consists of deleted text beginall money appropriated by the legislature,deleted text end all money collected under
this chapter that is required to be placed in this accountdeleted text begin,deleted text end and any interest earned on the
account. All money in this deleted text beginaccount is supplemental to all federal money available to the
commissioner. Money in this
deleted text end account is appropriated deleted text beginto the commissionerdeleted text end and deleted text beginisdeleted text end available
deleted text begin to the commissionerdeleted text end for administration of the Minnesota unemployment insurance
programnew text begin unless otherwise appropriated by session lawnew text end.

(b) All money in this account must be deposited, administered, and disbursed in the
same manner and under the same conditions and requirements as is provided by law for
the other special accounts in the state treasury. deleted text beginOn June 30 of each year, all amounts in
excess of $300,000 in this account must be paid over to the trust fund.
deleted text end

Sec. 48.

Minnesota Statutes 2008, section 268.211, is amended to read:


268.211 UNEMPLOYMENT INSURANCE BENEFITS TELEPHONE
SYSTEM.

The commissioner must ensure that deleted text beginthedeleted text end new text beginany automated new text endtelephone system used
for unemployment insurance benefits provides an option for any caller to speak to an
unemployment insurance specialist. An individual who calls any of the publicized
telephone numbers seeking information about applying for new text beginunemployment new text endbenefits or on
the status of a deleted text beginclaimdeleted text end new text beginbenefit account new text endmust have the option to speak on the telephone to a
specialist who can provide direct assistance or can direct the caller to the deleted text beginpersondeleted text end new text beginindividual
new text endor office that is able to respond to the caller's needs.

Sec. 49. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes, chapter 268, the revisor shall change "shall" to "must," except
in Minnesota Statutes, sections 268.035 and 268.103.
new text end

Sec. 50. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 268.085, subdivision 14; and 268.086, new text end new text begin are
repealed.
new text end

Sec. 51. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 50 are effective August 2, 2009, and apply to all department
determinations and unemployment law judge decisions issued on or after that date.
new text end

ARTICLE 6

IRON RANGE RESOURCES

Section 1.

Minnesota Statutes 2008, section 116J.424, is amended to read:


116J.424 IRON RANGE RESOURCES AND REHABILITATION BOARD
CONTRIBUTION.

The commissioner of the Iron Range Resources and Rehabilitation Board with
approval deleted text beginof the boarddeleted text endnew text begin by at least seven Iron Range Resources and Rehabilitation Board
members,
new text end shall provide an equal match for any loan or equity investment made for a
facility located in the tax relief area defined in section 273.134, paragraph (b), by the
Minnesota minerals 21st century fund created by section 116J.423. The match may be
in the form of a loan or equity investment, notwithstanding whether the fund makes a
loan or equity investment. The state shall not acquire an equity interest because of an
equity investment or loan by the board and the board at its sole discretion shall decide
what interest it acquires in a project. The commissioner of employment and economic
development may require a commitment from the board to make the match prior to
disbursing money from the fund.

Sec. 2.

new text begin [298.217] IRON RANGE RESOURCES AND REHABILITATION;
EARLY SEPARATION INCENTIVE PROGRAM AUTHORIZATION.
new text end

new text begin (a) Notwithstanding any law to the contrary, the commissioner of Iron Range
resources and rehabilitation, in consultation with the commissioner of finance, may offer a
targeted early separation incentive program for employees of the commissioner who have
attained the age of 60 years or who have received credit for at least 30 years of allowable
service under the provisions of chapter 352.
new text end

new text begin (b) The early separation incentive program may include one or more of the following:
new text end

new text begin (1) employer-paid postseparation health, medical, and dental insurance until age
65; and
new text end

new text begin (2) cash incentives that may, but are not required to be, used to purchase additional
years of service credit through the Minnesota State Retirement System, to the extent that
the purchases are otherwise authorized by law.
new text end

new text begin (c) The commissioner of iron range resources and rehabilitation shall establish
eligibility requirements for employees to receive an incentive.
new text end

new text begin (d) The commissioner of iron range resources and rehabilitation, consistent with the
established program provisions under paragraph (b), and with the eligibility requirements
under paragraph (c), may designate specific programs or employees as eligible to be
offered the incentive program.
new text end

new text begin (e) Acceptance of the offered incentive must be voluntary on the part of the
employee and must be in writing. The incentive may only be offered at the sole discretion
of the commissioner of iron range resources and rehabilitation.
new text end

new text begin (f) The cost of the incentive is payable solely by funds made available to the
commissioner of iron range resources and rehabilitation by law, but only on prior approval
of the expenditures by a majority of the Iron Range Resources and Rehabilitation Board.
new text end

new text begin (g) This section and section 298.218 are repealed June 30, 2011.
new text end

Sec. 3.

new text begin [298.218] APPLICATION OF OTHER LAWS.
new text end

new text begin Unilateral implementation of section 298.217 by the commissioner of iron range
resources and rehabilitation is not an unfair labor practice under chapter 179A.
new text end

Sec. 4.

Minnesota Statutes 2008, section 298.22, subdivision 2, is amended to read:


Subd. 2.

Iron Range Resources and Rehabilitation Board.

There is hereby
created the Iron Range Resources and Rehabilitation Board, consisting of 13 members,
five of whom are state senators appointed by the Subcommittee on Committees of the
Rules Committee of the senate, and five of whom are representatives, appointed by the
speaker of the house. The remaining members shall be appointed one each by the senate
majority leader, the speaker of the house, and the governor and must be nonlegislators
who reside in a taconite assistance area as defined in section 273.1341. The members shall
be appointed in January of every odd-numbered year, except that the initial nonlegislator
members shall be appointed by July 1, 1999, and shall serve until January of the next
odd-numbered year. Vacancies on the board shall be filled in the same manner as the
original members were chosen. At least a majority of the legislative members of the board
shall be elected from state senatorial or legislative districts in which over 50 percent
of the residents reside within a taconite assistance area as defined in section 273.1341.
All expenditures and projects made by the commissioner of Iron Range resources and
rehabilitation shall be consistent with the priorities established in subdivision 8 and shall
first be submitted to the Iron Range Resources and Rehabilitation Board for approvalnew text begin of
expenditures and projects for rehabilitation purposes as provided by this section, and
the method, manner, and time of payment of all funds proposed to be disbursed,
new text end by deleted text begina
majority of the board of expenditures and projects for rehabilitation purposes as provided
by this section, and the method, manner, and time of payment of all funds proposed to be
disbursed shall be first approved or disapproved by the board
deleted text endnew text begin at least seven Iron Range
Resources and Rehabilitation Board members
new text end. The board shall biennially make its report
to the governor and the legislature on or before November 15 of each even-numbered
year. The expenses of the board shall be paid by the state from the funds raised pursuant to
this section. Members of the board who are legislators may be reimbursed for expenses
in the manner provided in sections 3.099, subdivision 1, and 3.101, and may receive per
diem payments during the interims between legislative sessions in the manner provided
in section 3.099, subdivision 1. Members of the board who are not legislators may
receive per diem payments and be reimbursed for expenses at the lowest rate provided
for legislative members.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2008, section 298.22, subdivision 5a, is amended to read:


Subd. 5a.

Forest trust.

The commissioner, upon the affirmative vote deleted text beginof a majority
of the members of the board,
deleted text endnew text begin of at least seven Iron Range Resources and Rehabilitation
Board members,
new text end may purchase forest lands in the taconite assistance area defined in under
section 273.1341 with funds specifically authorized for the purchase. The acquired forest
lands must be held in trust for the benefit of the citizens of the taconite assistance area
as the Iron Range Miners' Memorial Forest. The forest trust lands shall be managed and
developed for recreation and economic development purposes. The commissioner, upon
the affirmative vote deleted text beginof a majority of the members of the board,deleted text endnew text begin of at least seven Iron Range
Resources and Rehabilitation Board members,
new text end may sell forest lands purchased under this
subdivision if the board finds that the sale advances the purposes of the trust. Proceeds
derived from the management or sale of the lands and from the sale of timber or removal
of gravel or other minerals from these forest lands shall be deposited into an Iron Range
Miners' Memorial Forest account that is established within the state financial accounts.
Funds may be expended from the account upon approval deleted text beginof a majority of the members
of the board
deleted text endnew text begin by at least seven Iron Range Resources and Rehabilitation Board members,new text end
to purchase, manage, administer, convey interests in, and improve the forest lands. By
deleted text begin majoritydeleted text endnew text begin an affirmativenew text end vote deleted text beginof the members of the board,deleted text endnew text begin of at least seven Iron Range
Resources and Rehabilitation Board members,
new text end money in the Iron Range Miners' Memorial
Forest account may be transferred into the corpus of the Douglas J. Johnson economic
protection trust fund established under sections 298.291 to 298.294. The property acquired
under the authority granted by this subdivision and income derived from the property or
the operation or management of the property are exempt from taxation by the state or its
political subdivisions while held by the forest trust.

Sec. 6.

Minnesota Statutes 2008, section 298.22, subdivision 6, is amended to read:


Subd. 6.

Private entity participation.

The board may acquire an equity interest in
any project for which it provides funding. The commissioner may establish, participate in
the management of, and dispose of the assets of charitable foundationsnew text begin, nonprofit limited
liability companies,
new text end and nonprofit corporations associated with any project for which it
provides funding, including specifically, but without limitation, a corporation within the
meaning of section 317A.011, subdivision 6.

Sec. 7.

Minnesota Statutes 2008, section 298.22, subdivision 7, is amended to read:


Subd. 7.

Project area development authority.

(a) In addition to the other powers
granted in this section and other law and notwithstanding any limitations contained in
subdivision 5, the commissioner, for purposes of fostering economic development and
tourism within the Giants Ridge Recreation Area or the Ironworld Discovery Center area,
may spend any money made available to the agency under section 298.28 to acquire real
or personal property or interests therein by gift, purchase, or lease and may convey by
lease, sale, or other means of conveyance or commitment any or all property interests
owned or administered by the commissioner within such areas.

(b) In furtherance of development of the Giants Ridge Recreation Area or the
Ironworld Discovery Center area, the commissioner may establish and participate in
charitable foundationsnew text begin, nonprofit limited liability companies,new text end and nonprofit corporations,
including a corporation within the meaning of section 317A.011, subdivision 6.

(c) The term "Giants Ridge recreation area" refers to an economic development
project area established by the commissioner in furtherance of the powers delegated in this
section within St. Louis County in the deleted text beginwesterndeleted text endnew text begin followingnew text end portions of the town of White and
deleted text begin indeleted text end the deleted text begineastern portion of the westerly, adjacent, unorganized township.deleted text endnew text begin city of Biwabik:
new text end

new text begin Township 59, North, Range 15 West, Sections 7,8, 17-20 and 29-32;
new text end

new text begin Township 59 North, Range 16 West, Sections 12,13, 24, 25, and 36;
new text end

new text begin Township 58 North, Range 16 West, Section 1; and
new text end

new text begin Township 58 North, Range 15 West, Sections 5 and 6.
new text end

(d) The term "Ironworld Discovery Center area" refers to an economic development
and tourism promotion project area established by the commissioner in furtherance
of the powers delegated in this section within St. Louis County in the south portion of
the town of Balkan.

Sec. 8.

Minnesota Statutes 2008, section 298.22, subdivision 8, is amended to read:


Subd. 8.

Spending priority.

In making or approving any expenditures on programs
or projects, the commissioner and the board shall give the highest priority to programs
and projects that target relief to those areas of the taconite assistance area as defined in
section 273.1341, that have the largest percentages of job losses and population losses
directly attributable to the economic downturn in the taconite industry since the 1980s.
The commissioner and the board shall compare the 1980 population and employment
figures with the 2000 population and employment figures, and shall specifically consider
the job losses in 2000 and 2001 resulting from the closure of LTV Steel Mining Company,
in making or approving expenditures consistent with this subdivision, as well as the areas
of residence of persons who suffered job loss for which relief is to be targeted under this
subdivision. The commissioner may lease, for a term not exceeding 50 years and upon
the terms determined by the commissioner and approved by deleted text beginthe boarddeleted text endnew text begin at least seven Iron
Range Resources and Rehabilitation Board members
new text end, surface and mineral interests owned
or acquired by the state of Minnesota acting by and through the office of the commissioner
of Iron Range resources and rehabilitation within those portions of the taconite assistance
area affected by the closure of the LTV Steel Mining Company facility near Hoyt Lakes.
The payments and royalties from these leases must be deposited into the fund established
in section 298.292. This subdivision supersedes any other conflicting provisions of law
and does not preclude the commissioner and the board from making expenditures for
programs and projects in other areas.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2008, section 298.22, subdivision 10, is amended to read:


Subd. 10.

Sale or privatization of functions.

The commissioner of Iron Range
resources and rehabilitation may not sell or privatize the Ironworld Discovery Center or
Giants Ridge Golf and Ski Resort without prior approval by deleted text begina majority vote of the boarddeleted text endnew text begin at
least seven Iron Range Resources and Rehabilitation Board members
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2008, section 298.22, subdivision 11, is amended to read:


Subd. 11.

Budgeting.

The commissioner of Iron Range resources and rehabilitation
shall annually prepare a budget for operational expenditures, programs, and projects, and
submit it to the Iron Range Resources and Rehabilitation Board and the governor deleted text beginfor
approval
deleted text end. After the budget is approved by deleted text beginthe boarddeleted text endnew text begin at least seven Iron Range Resources
and Rehabilitation Board members
new text end and the governor, the commissioner may spend money
in accordance with the approved budget.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2008, section 298.221, is amended to read:


298.221 RECEIPTS FROM CONTRACTS; APPROPRIATION.

(a) Except as provided in paragraph (c), all money paid to the state of Minnesota
pursuant to the terms of any contract entered into by the state under authority of section
298.22 and any fees which may, in the discretion of the commissioner of Iron Range
resources and rehabilitation, be charged in connection with any project pursuant to that
section as amended, shall be deposited in the state treasury to the credit of the Iron Range
Resources and Rehabilitation Board account in the special revenue fund and are hereby
appropriated for the purposes of section 298.22.

(b) Notwithstanding section 16A.013, merchandise may be accepted by the
commissioner of the Iron Range Resources and Rehabilitation Board for payment of
advertising contracts if the commissioner determines that the merchandise can be used
for special event prizes or mementos at facilities operated by the board. Nothing in this
paragraph authorizes the commissioner or a member of the board to receive merchandise
for personal use.

(c) All fees charged by the commissioner in connection with public use of the
state-owned ski and golf facilities at the Giants Ridge Recreation Area and all other
revenues derived by the commissioner from the operation or lease of those facilities
and from the lease, sale, or other disposition of undeveloped lands at the Giants Ridge
Recreation Area must be deposited into an Iron Range Resources and Rehabilitation
Board account that is created within the state enterprise fund. All funds deposited in the
enterprise fund account are appropriated to the commissioner to be expended, subject
to approval deleted text beginof a majority of the board,deleted text endnew text begin by at least seven Iron Range Resources and
Rehabilitation Board members,
new text end as follows:

(1) to pay costs associated with the construction, equipping, operation, repair, or
improvement of the Giants Ridge Recreation Area facilities or lands;

(2) to pay principal, interest and associated bond issuance, reserve, and servicing
costs associated with the financing of the facilities; and

(3) to pay the costs of any other project authorized under section 298.22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2008, section 298.2211, subdivision 3, is amended to read:


Subd. 3.

Project approval.

All projects authorized by this section shall be
submitted by the commissioner to the Iron Range Resources and Rehabilitation Boarddeleted text begin,
which shall recommend approval or disapproval or modification of the projects
deleted text endnew text begin for
approval by at least seven Iron Range Resources and Rehabilitation Board members
new text end.
Prior to the commencement of a project involving the exercise by the commissioner of
any authority of sections 469.174 to 469.179, the governing body of each municipality in
which any part of the project is located and the county board of any county containing
portions of the project not located in an incorporated area shall by majority vote approve
or disapprove the project. Any projectdeleted text begin, as sodeleted text end approved by deleted text beginthe boarddeleted text endnew text begin at least seven Iron
Range Resources and Rehabilitation Board members
new text end and the applicable governing bodies,
if any, together with detailed information concerning the project, its costs, the sources of
its funding, and the amount of any bonded indebtedness to be incurred in connection
with the project, shall be transmitted to the governor, who shall approve, disapprove, or
return the proposal for additional consideration within 30 days of receipt. No project
authorized under this section shall be undertaken, and no obligations shall be issued and
no tax increments shall be expended for a project authorized under this section until the
project has been approved by the governor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2008, section 298.2213, subdivision 4, is amended to read:


Subd. 4.

Project approval.

The board and commissioner shall by August 1 each
year prepare a list of projects to be funded from the money appropriated in this section
with necessary supporting information including descriptions of the projects, plans, and
cost estimates. A project must not be approved by the board unless it finds that:

(1) the project will materially assist, directly or indirectly, the creation of additional
long-term employment opportunities;

(2) the prospective benefits of the expenditure exceed the anticipated costs; and

(3) in the case of assistance to private enterprise, the project will serve a sound
business purpose.

Each project must be approved by deleted text begina majority of thedeleted text endnew text begin at least sevennew text end Iron Range
Resources and Rehabilitation Board members and the commissioner of Iron Range
resources and rehabilitation. The list of projects must be submitted to the governor,
who shall, by November 15 of each year, approve, disapprove, or return for further
consideration, each project. The money for a project may be spent only upon approval of
the project by the governor. The board may submit supplemental projects for approval at
any time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2008, section 298.2214, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Per diem. new text end

new text begin Members of the committee may be reimbursed for expenses
in the manner provided in section 298.22, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2008, section 298.223, is amended to read:


298.223 TACONITE AREA ENVIRONMENTAL PROTECTION FUND.

Subdivision 1.

Creation; purposes.

A fund called the taconite environmental
protection fund is created for the purpose of reclaiming, restoring and enhancing those
areas of northeast Minnesota located within the taconite assistance area defined in section
273.1341, that are adversely affected by the environmentally damaging operations
involved in mining taconite and iron ore and producing iron ore concentrate and for the
purpose of promoting the economic development of northeast Minnesota. The taconite
environmental protection fund shall be used for the following purposes:

(a) to initiate investigations into matters the Iron Range Resources and Rehabilitation
Board determines are in need of study and which will determine the environmental
problems requiring remedial action;

(b) reclamation, restoration, or reforestation of mine lands not otherwise provided
for by state law;

(c) local economic development projects but only if those projects are approved
by deleted text beginthe board,deleted text endnew text begin at least seven Iron Range Resources and Rehabilitation Board members,new text end
and public works, including construction of sewer and water systems located within the
taconite assistance area defined in section 273.1341;

(d) monitoring of mineral industry related health problems among mining
employeesdeleted text begin.deleted text endnew text begin;
new text end

new text begin (e) local public works projects under section 298.227, paragraph (c); and
new text end

new text begin (f) local public works projects as provided under this paragraph. The following
amounts shall be distributed in 2009:
new text end

new text begin (1) .4651 cent per ton to the city of Aurora for street repair and renovation;
new text end

new text begin (2) .4264 cent per ton to the city of Biwabik for street and utility infrastructure
improvements to the south side industrial site;
new text end

new text begin (3) .6460 cent per ton to the city of Buhl for street repair;
new text end

new text begin (4) 1.0336 cents per ton to the city of Hoyt Lakes for public utility improvements;
new text end

new text begin (5) 1.1628 cents per ton to the city of Eveleth for water and sewer infrastructure
upgrades;
new text end

new text begin (6)1.0336 cents per ton to the city of Gilbert for water and sewer infrastructure
upgrades;
new text end

new text begin (7) .7752 cent per ton to the city of Mountain Iron for water and sewer infrastructure;
new text end

new text begin (8) 1.2920 cents per ton to the city of Virginia for utility upgrades and accessibility
modifications for the miners' memorial;
new text end

new text begin (9) .6460 cent per ton to the town of White for Highway 135 road upgrades;
new text end

new text begin (10) 1.9380 cents per ton to the city of Hibbing for public infrastructure projects;
new text end

new text begin (11) 1.1628 cents per ton to the city of Chisholm for water and sewer repair;
new text end

new text begin (12) .6460 cent per ton to the town of Balkan for community center repairs;
new text end

new text begin (13) .9044 cent per ton to the city of Babbitt for city garage construction;
new text end

new text begin (14) .5168 cent per ton to the city of Cook for replacement of a water tower;
new text end

new text begin (15) .5168 cent per ton to the city of Ely for reconstruction of 2nd Avenue West;
new text end

new text begin (16) .6460 cent per ton to the city of Tower for water infrastructure upgrades;
new text end

new text begin (17) .1292 cent per ton to the city of Orr for water infrastructure upgrades;
new text end

new text begin (18) .1292 cent per ton to the city of Silver Bay for emergency cleanup;
new text end

new text begin (19) .3230 cent per ton to Lake County for trail construction;
new text end

new text begin (20) .1292 cent per ton to Cook County for construction of tennis courts in Grand
Marais;
new text end

new text begin (21) .3101 cent per ton to the city of Two Harbors for water infrastructure
improvements;
new text end

new text begin (22) .1938 cent per ton for land acquisition for phase one of Cook Airport project;
new text end

new text begin (23) 1.0336 cents per ton to the city of Coleraine for water and sewer improvements
along Gayley Avenue;
new text end

new text begin (24) .3876 cent per ton to the city of Marble for construction of a city administration
facility;
new text end

new text begin (25) .1292 cent per ton to the city of Calumet for repairs at city hall and the
community center;
new text end

new text begin (26) .6460 cent per ton to the city of Nashwauk for electrical infrastructure upgrades;
new text end

new text begin (27) 1.0336 cents per ton to the city of Keewatin for water and sewer upgrades
along Depot Street;
new text end

new text begin (28) .2584 cent per ton to the city of Aitkin for water, sewer, street, and gutter
improvements;
new text end

new text begin (29) 1.1628 cents per ton to the city of Grand Rapids for water and sewer
infrastructure upgrades at Pokegema Golf Course and Park Place;
new text end

new text begin (30) .1809 cent per ton to the city of Grand Rapids for water and sewer upgrades for
1st Avenue from River Road to 3rd Street SE; and
new text end

new text begin (31) .9044 cent per ton to the city of Cohasset for upgrades to the railroad crossing at
Highway 2 and County Road 62.
new text end

Subd. 2.

Administration.

(a) The taconite area environmental protection fund shall
be administered by the commissioner of the Iron Range Resources and Rehabilitation
Board. The commissioner shall by September 1 of each year submit to the board a list
of projects to be funded from the taconite area environmental protection fund, with such
supporting information including description of the projects, plans, and cost estimates as
may be necessary.

(b) Each year no less than one-half of the amounts deposited into the taconite
environmental protection fund must be used for public works projects, including
construction of sewer and water systems, as specified under subdivision 1, paragraph (c).
The Iron Range Resources and Rehabilitation Board with deleted text begina majority vote of the members,deleted text endnew text begin
approval by at least seven Iron Range Resources and Rehabilitation Board members,
new text end may
waive the requirements of this paragraph.

(c) Upon approval by deleted text begina majority of the members of the Iron Range Resources and
Rehabilitation Board,
deleted text endnew text begin at least seven Iron Range Resources and Rehabilitation Board
members,
new text end the list of projects approved under this subdivision shall be submitted to the
governor by November 1 of each year. By December 1 of each year, the governor shall
approve or disapprove, or return for further consideration, each project. Funds for a
project may be expended only upon approval of the project by deleted text beginthe boarddeleted text endnew text begin at least seven Iron
Range Resources and Rehabilitation Board members,
new text end and governor. The commissioner
may submit supplemental projects to the board and governor for approval at any time.

Subd. 3.

Appropriation.

There is annually appropriated to the commissioner of Iron
Range resources and rehabilitation taconite area environmental protection funds necessary
to carry out approved projects and programs and the funds necessary for administration of
this section. Annual administrative costs, not including detailed engineering expenses for
the projects, shall not exceed five percent of the amount annually expended from the fund.

Funds for the purposes of this section are provided by section 298.28, subdivision
11
, relating to the taconite area environmental protection fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2008, section 298.227, is amended to read:


298.227 TACONITE ECONOMIC DEVELOPMENT FUND.

(a) An amount equal to that distributed pursuant to each taconite producer's taxable
production and qualifying sales under section 298.28, subdivision 9a, shall be held by
the Iron Range Resources and Rehabilitation Board in a separate taconite economic
development fund for each taconite and direct reduced ore producer. Money from the
fund for each producer shall be released by the commissioner after review by a joint
committee consisting of an equal number of representatives of the salaried employees and
the nonsalaried production and maintenance employees of that producer. The District 11
director of the United States Steelworkers of America, on advice of each local employee
president, shall select the employee members. In nonorganized operations, the employee
committee shall be elected by the nonsalaried production and maintenance employees.
The review must be completed no later than six months after the producer presents a
proposal for expenditure of the funds to the committee. The funds held pursuant to this
section may be released only for workforce development and associated public facility
improvement, or for acquisition of plant and stationary mining equipment and facilities
for the producer or for research and development in Minnesota on new mining, or
taconite, iron, or steel production technology, but only if the producer provides a matching
expenditure to be used for the same purpose of at least 50 percent of the distribution based
on 14.7 cents per ton beginning with distributions in 2002. Effective for proposals for
expenditures of money from the fund beginning May 26, 2007, the commissioner may
not release the funds before the next scheduled meeting of the board. If new text beginnew text enddeleted text beginthe board rejectsdeleted text end
a proposed expenditurenew text begin is not approved by at least seven Iron Range Resources and
Rehabilitation Board members
new text end, the funds must be deposited in the Taconite Environmental
Protection Fund under sections 298.222 to 298.225. If a producer uses money which has
been released from the fund prior to May 26, 2007 to procure haulage trucks, mobile
equipment, or mining shovels, and the producer removes the piece of equipment from the
taconite tax relief area defined in section 273.134 within ten years from the date of receipt
of the money from the fund, a portion of the money granted from the fund must be repaid
to the taconite economic development fund. The portion of the money to be repaid is 100
percent of the grant if the equipment is removed from the taconite tax relief area within 12
months after receipt of the money from the fund, declining by ten percent for each of the
subsequent nine years during which the equipment remains within the taconite tax relief
area. If a taconite production facility is sold after operations at the facility had ceased, any
money remaining in the fund for the former producer may be released to the purchaser of
the facility on the terms otherwise applicable to the former producer under this section. If
a producer fails to provide matching funds for a proposed expenditure within six months
after the commissioner approves release of the funds, the funds are available for release to
another producer in proportion to the distribution provided and under the conditions of
this section. Any portion of the fund which is not released by the commissioner within
one year of its deposit in the fund shall be divided between the taconite environmental
protection fund created in section 298.223 and the Douglas J. Johnson economic protection
trust fund created in section 298.292 for placement in their respective special accounts.
Two-thirds of the unreleased funds shall be distributed to the taconite environmental
protection fund and one-third to the Douglas J. Johnson economic protection trust fund.

(b) new text begin(1) new text endNotwithstanding the requirements of paragraph (a), setting the amount of
distributions and the review process, an amount equal to ten cents per taxable ton of
production in 2007, for distribution in 2008 only, that would otherwise be distributed
under paragraph (a), may be used for a loan for the cost of construction of a biomass
energy facility. This amount must be deducted from the distribution under paragraph (a)
for which a matching expenditure by the producer is not required. The granting of the loan
is subject to approval by deleted text beginthe Iron Range Resources and Rehabilitation Boarddeleted text endnew text begin at least seven
Iron Range Resources and Rehabilitation Board members
new text end; interest must be payable on the
loan at the rate prescribed in section 298.2213, subdivision 3.

new text begin (2) new text endRepayments of the loan and interest must be deposited in the deleted text beginnortheast Minnesota
economic development
deleted text end new text begin taconite environment protection new text endfund deleted text beginestablished in section
298.2213
deleted text endnew text begin under sections 298.222 through 298.225new text end. If a loan is not made under this
paragraph by July 1, 2009, the amount that had been made available for the loan under this
paragraph must be transferred to the deleted text beginnortheast Minnesota economic developmentdeleted text end new text begintaconite
environment protection
new text endfundnew text begin under sections 298.222 through 298.225new text end.

new text begin (3) new text endMoney distributed in 2008 to the fund established under this section that exceeds
ten cents per ton is available to qualifying producers under paragraph (a) on a pro rata
basis.

If 2008 H.F. No. 1812 is enacted and includes a provision that amends this section
in a manner that is different from the amendment in this section, the amendment in this
section supersedes the amendment in 2008 H.F. No. 1812, notwithstanding section 645.26.

new text begin (c) Repayment or transfer of money to the taconite environmental protection fund
under paragraph (b), clause (2) must be allocated by the Iron Range Resources and
Rehabilitation Board for public works projects in house legislative districts in the same
proportion as taxable tonnage of production in 2007 in each house legislative district, for
distribution in 2008, bears to total taxable tonnage of production in 2007, for distribution
in 2008. Not withstanding any other law to the contrary, expenditures under this paragraph
do not require approval by the governor. For purposes of this paragraph, house legislative
districts mean the legislative districts in existence on the effective date of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2008, section 298.28, subdivision 9d, is amended to read:


Subd. 9d.

Iron Range higher education account.

Five cents per taxable ton must
be allocated to the Iron Range Resources and Rehabilitation Board to be deposited in
an Iron Range higher education account that is hereby created, to be used for higher
education programs conducted at educational institutions in the taconite assistance area
defined in section 273.1341. The Iron Range Higher Education committee under section
298.2214new text begin,new text end and the Iron Range Resources and Rehabilitation Boardnew text begin by an affirmative vote
of at least seven Iron Range Resources and Rehabilitation Board members,
new text end must approve
new text beginnew text end all expenditures from the account.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18.

Minnesota Statutes 2008, section 298.292, subdivision 2, is amended to read:


Subd. 2.

Use of money.

Money in the Douglas J. Johnson economic protection trust
fund may be used for the following purposes:

(1) to provide loans, loan guarantees, interest buy-downs and other forms of
participation with private sources of financing, but a loan to a private enterprise shall be
for a principal amount not to exceed one-half of the cost of the project for which financing
is sought, and the rate of interest on a loan to a private enterprise shall be no less than the
lesser of eight percent or an interest rate three percentage points less than a full faith
and credit obligation of the United States government of comparable maturity, at the
time that the loan is approved;

(2) to fund reserve accounts established to secure the payment when due of the
principal of and interest on bonds issued pursuant to section 298.2211;

(3) to pay in periodic payments or in a lump-sum payment any or all of the interest
on bonds issued pursuant to chapter 474 for the purpose of constructing, converting,
or retrofitting heating facilities in connection with district heating systems or systems
utilizing alternative energy sources;

(4) to invest in a venture capital fund or enterprise that will provide capital to other
entities that are engaging in, or that will engage in, projects or programs that have the
purposes set forth in subdivision 1. No investments may be made in a venture capital fund
or enterprise unless at least two other unrelated investors make investments of at least
$500,000 in the venture capital fund or enterprise, and the investment by the Douglas
J. Johnson economic protection trust fund may not exceed the amount of the largest
investment by an unrelated investor in the venture capital fund or enterprise. For purposes
of this subdivision, an "unrelated investor" is a person or entity that is not related to
the entity in which the investment is made or to any individual who owns more than 40
percent of the value of the entity, in any of the following relationships: spouse, parent,
child, sibling, employee, or owner of an interest in the entity that exceeds ten percent of
the value of all interests in it. For purposes of determining the limitations under this
clause, the amount of investments made by an investor other than the Douglas J. Johnson
economic protection trust fund is the sum of all investments made in the venture capital
fund or enterprise during the period beginning one year before the date of the investment
by the Douglas J. Johnson economic protection trust fund; and

(5) to purchase forest land in the taconite assistance area defined in section 273.1341
to be held and managed as a public trust for the benefit of the area for the purposes
authorized in section 298.22, subdivision 5a. Property purchased under this section may
be sold by the commissioner upon approval deleted text beginby a majority vote of the boarddeleted text endnew text begin by at least
seven Iron Range Resources and Rehabilitation Board members
new text end. The net proceeds must
be deposited in the trust fund for the purposes and uses of this section.

Money from the trust fund shall be expended only in or for the benefit of the taconite
assistance area defined in section 273.1341.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

new text begin [298.2931] TRANSFER OF FUNDS.
new text end

new text begin The amount deposited in the fund in 2009 in repayment of a loan for the Mesaba
Nugget project at the Erie Mining site in Hoyt Lakes shall be transferred to the taconite
environmental protection fund and deposited in a special account to be used as provided
under section 298.223, subdivision 1, paragraph (f).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2008, section 298.294, is amended to read:


298.294 INVESTMENT OF FUND.

new text begin (a) new text endThe trust fund established by section 298.292 shall be invested pursuant to law
by the State Board of Investment and the net interest, dividends, and other earnings arising
from the investments shall be transferrednew text begin, except as provided in paragraph (b),new text end on the first
day of each month to the trust and shall be included and become part of the trust fund.
The amounts transferred, including the interest, dividends, and other earnings earned
prior to July 13, 1982, together with the additional amount of $10,000,000 for fiscal year
1983, which is appropriated April 21, 1983, are appropriated from the trust fund to the
commissioner of Iron Range resources and rehabilitation for deposit in a separate account
for expenditure for the purposes set forth in section 298.292. Amounts appropriated
pursuant to this section shall not cancel but shall remain available unless expended.

new text begin (b) For fiscal years 2010 and 2011 only, $1,000,000 of the net interest, dividends
and other earnings under paragraph (a) shall be transferred to a special account. Funds in
the special account are available for loans or grants to businesses with priority given to
businesses with 25 or fewer employees. Funds may be used for wage subsidies of up to
$5 per hour or other activities that will create additional jobs in the taconite assistance
area under section 273.1341. To qualify for a grant or loan, a business must be currently
operating, have been operating for one year immediately prior to its application for a loan
or grant, and its corporate headquarters must be located in the taconite assistance area.
Expenditures from the special account must be approved by at least seven Iron Range
Resources and Rehabilitation Board members.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 21.

Minnesota Statutes 2008, section 298.296, subdivision 2, is amended to read:


Subd. 2.

Expenditure of funds.

(a) Before January 1, 2028, funds may be expended
on projects and for administration of the trust fund only from the net interest, earnings,
and dividends arising from the investment of the trust at any time, including net interest,
earnings, and dividends that have arisen prior to July 13, 1982, plus $10,000,000 made
available for use in fiscal year 1983, except that any amount required to be paid out of the
trust fund to provide the property tax relief specified in Laws 1977, chapter 423, article
X, section 4, and to make school bond payments and payments to recipients of taconite
production tax proceeds pursuant to section 298.225, may be taken from the corpus of
the trust.

(b) Additionally, upon recommendation by the board, up to $13,000,000 from the
corpus of the trust may be made available for use as provided in subdivision 4, and up to
$10,000,000 from the corpus of the trust may be made available for use as provided in
section 298.2961.

(c) Additionally, an amount equal to 20 percent of the value of the corpus of the trust
on May 18, 2002, not including the funds authorized in paragraph (b), plus the amounts
made available under section 298.28, subdivision 4, and Laws 2002, chapter 377, article
8, section 17, may be expended on projects. Funds may be expended for projects under
this paragraph only if the project:

(1) is for the purposes established under section 298.292, subdivision 1, clause
(1) or (2); and

(2) is approved by the board upon an affirmative vote of at least ten of its members.

No money made available under this paragraph or paragraph (d) can be used for
administrative or operating expenses of the Iron Range Resources and Rehabilitation
Board or expenses relating to any facilities owned or operated by the board on May 18,
2002.

(d) Upon recommendation by a unanimous vote of all members of the board,
amounts in addition to those authorized under paragraphs (a), (b), and (c) may be
expended on projects described in section 298.292, subdivision 1.

(e) Annual administrative costs, not including detailed engineering expenses for the
projects, shall not exceed five percent of the net interest, dividends, and earnings arising
from the trust in the preceding fiscal year.

(f) Principal and interest received in repayment of loans made pursuant to this
section, and earnings on other investments made under section 298.292, subdivision 2,
clause (4), shall be deposited in the state treasury and credited to the trust. These receipts
are appropriated to the board for the purposes of sections 298.291 to 298.298.

(g) Additionally, notwithstanding section 298.293, uponnew text begin thenew text end affirmative vote
deleted text begin of a majority of the members of the board,deleted text endnew text begin of at least seven Iron Range Resources and
Rehabilitation Board members,
new text end money from the corpus of the trust may be expanded to
purchase forest lands within the taconite assistance area as provided in sections 298.22,
subdivision 5a, and 298.292, subdivision 2, clause (5).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22.

Minnesota Statutes 2008, section 298.2961, is amended to read:


298.2961 PRODUCER GRANTS.

Subdivision 1.

Appropriation.

(a) $10,000,000 is appropriated from the Douglas
J. Johnson economic protection trust fund to a special account in the taconite area
environmental protection fund for grants to producers on a project-by-project basis as
provided in this section.

(b) The proceeds of the tax designated under section 298.28, subdivision 9b, are
appropriated for grants to producers on a project-by-project basis as provided in this
section.

Subd. 2.

Projects; approval.

(a) Projects funded must be for:

(1) environmentally unique reclamation projects; or

(2) pit or plant repairs, expansions, or modernizations other than for a value added
iron products plant.

(b) To be proposed by the board, a project must be approved by at least eight Iron
Range Resources and Rehabilitation Board members. The money for a project may
be spent only upon approval of the project by the governor. The board may submit
supplemental projects for approval at any time.

(c) The board may require that it receive an equity percentage in any project to
which it contributes under this section.

Subd. 3.

Redistribution.

(a) If a taconite production facility is sold after operations
at the facility had ceased, any money remaining in the taconite environmental fund for the
former producer may be released to the purchaser of the facility on the terms otherwise
applicable to the former producer under this section.

(b) Any portion of the taconite environmental fund that is not released by the
commissioner within three years of its deposit in the taconite environmental fund shall be
divided between the taconite environmental protection fund created in section 298.223
and the Douglas J. Johnson economic protection trust fund created in section 298.292 for
placement in their respective special accounts. Two-thirds of the unreleased funds must be
distributed to the taconite environmental protection fund and one-third to the Douglas J.
Johnson economic protection trust fund.

Subd. 4.

Grant and loan fund.

(a) A fund is established to receive distributions
under section 298.28, subdivision 9b, and to make grants or loans as provided in this
subdivision. Any grant or loan made under this subdivision must be approved by deleted text begina majority
of the members of the Iron Range Resources and Rehabilitation Board,
deleted text endnew text begin at least seven Iron
Range Resources and Rehabilitation Board members,
new text end established under section 298.22.

(b) Distributions received in calendar year 2005 are allocated to the city of Virginia
for improvements and repairs to the city's steam heating system.

(c) Distributions received in calendar year 2006 are allocated to a project of the
public utilities commissions of the cities of Hibbing and Virginia to convert their electrical
generating plants to the use of biomass products, such as wood.

(d) Distributions received in calendar year 2007 must be paid to the city of Tower to
be used for the East Two Rivers project in or near the city of Tower.

(e) For distributions received in 2008, the first $2,000,000 of the 2008 distribution
must be paid to St. Louis County for deposit in its county road and bridge fund to be
used for relocation of St. Louis County Road 715, commonly referred to as Pike River
Road. The remainder of the 2008 distribution must be paid to St. Louis County for a
grant to the city of Virginia for connecting sewer and water lines to the St. Louis County
maintenance garage on Highway 135, further extending the lines to interconnect with the
city of Gilbert's sewer and water lines. All distributions received in 2009 and subsequent
years are allocated for projects under section 298.223, subdivision 1.

Subd. 5.

Public works and local economic development fund.

For distributions in
2007 only, a special fund is established to receive 38.4 cents per ton that otherwise would
be allocated under section 298.28, subdivision 6. The following amounts are allocated to
St. Louis County acting as the fiscal agent for the recipients for the specific purposes:

(1) 13.4 cents per ton for the Central Iron Range Sanitary Sewer District for
construction of a combined wastewater facility and notwithstanding section 298.28,
subdivision 11, paragraph (a), or any other law, interest accrued on this money while held
by St. Louis County shall also be distributed to the recipient;

(2) six cents per ton to the city of Eveleth to redesign and design and construct
improvements to renovate its water treatment facility;

(3) one cent per ton for the East Range Joint Powers Board to acquire land for and to
design a central wastewater collection and treatment system;

(4) 0.5 cents per ton to the city of Hoyt Lakes to repair Leeds Road;

(5) 0.7 cents per ton to the city of Virginia to extend Eighth Street South;

(6) 0.7 cents per ton to the city of Mountain Iron to repair Hoover Road;

(7) 0.9 cents per ton to the city of Gilbert for alley repairs between Michigan and
Indiana Avenues and for repayment of a loan to the Minnesota Department of Employment
and Economic Development;

(8) 0.4 cents per ton to the city of Keewatin for a new city well;

(9) 0.3 cents per ton to the city of Grand Rapids for planning for a fire and hazardous
materials center;

(10) 0.9 cents per ton to Aitkin County Growth for an economic development
project for peat harvesting;

(11) 0.4 cents per ton to the city of Nashwauk to develop a comprehensive city plan;

(12) 0.4 cents per ton to the city of Taconite for development of a city comprehensive
plan;

(13) 0.3 cents per ton to the city of Marble for water and sewer infrastructure;

(14) 0.8 cents per ton to Aitkin County for improvements to the Long Lake
Environmental Learning Center;

(15) 0.3 cents per ton to the city of Coleraine for the Coleraine Technology Center;

(16) 0.5 cents per ton to the Economic Development Authority of the city of Grand
Rapids for planning for the North Central Research and Technology Laboratory;

(17) 0.6 cents per ton to the city of Bovey for sewer and water extension;

(18) 0.3 cents per ton to the city of Calumet for infrastructure improvements; and

(19) ten cents per ton to the commissioner of Iron Range Resources and
Rehabilitation for deposit in a Highway 1 Corridor Account established by the
commissioner, to be distributed by the commissioner to any of the cities of Babbitt, Cook,
Ely, or Tower, for economic development projects approved by deleted text beginthe Iron Range Resources
and Rehabilitation Board
deleted text endnew text begin at least seven Iron Range Resources and Rehabilitation Board
members
new text end; notwithstanding section 298.28, subdivision 11, paragraph (a), or any other law,
interest accrued on this money while held by St. Louis County or the commissioner
shall also be distributed to the recipient.

new text begin Subd. 6. new text end

new text begin Renewable energy. new text end

new text begin For distributions in 2009 only, a special account is
established in the taconite environmental protection fund to receive 15.5 cents per ton that
otherwise would be allocated under section 298.28, subdivision 6. The funds are available
for cooperative projects between the Iron Range Resources and Rehabilitation Board and
local governments for renewable energy initiatives.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 7

DEBT MANAGEMENT SERVICES

Section 1.

Minnesota Statutes 2008, section 45.011, subdivision 1, is amended to read:


Subdivision 1.

Scope.

As used in chapters 45 to 83, 155A, 332, 332A, new text begin332B,
new text end345, and 359, and sections 325D.30 to 325D.42, 326B.802 to 326B.885, and 386.61 to
386.78, unless the context indicates otherwise, the terms defined in this section have
the meanings given them.

Sec. 2.

Minnesota Statutes 2008, section 46.04, subdivision 1, is amended to read:


Subdivision 1.

General.

The commissioner of commerce, referred to in chapters 46
to 59Adeleted text begin,deleted text end and deleted text beginchapterdeleted text end 332Adeleted text begin,deleted text endnew text begin and 332Bnew text end as the commissioner, is vested with all the powers,
authority, and privileges which, prior to the enactment of Laws 1909, chapter 201, were
conferred by law upon the public examiner, and shall take over all duties in relation to
state banks, savings banks, trust companies, savings associations, and other financial
institutions within the state which, prior to the enactment of chapter 201, were imposed
upon the public examiner. The commissioner of commerce shall exercise a constant
supervision, either personally or through the examiners herein provided for, over the
books and affairs of all state banks, savings banks, trust companies, savings associations,
credit unions, industrial loan and thrift companies, and other financial institutions doing
business within this state; and shall, through examiners, examine each financial institution
at least once every 24 calendar months. In satisfying this examination requirement, the
commissioner may accept reports of examination prepared by a federal agency having
comparable supervisory powers and examination procedures. With the exception of
industrial loan and thrift companies which do not have deposit liabilities and licensed
regulated lenders, it shall be the principal purpose of these examinations to inspect and
verify the assets and liabilities of each and so far investigate the character and value of
the assets of each institution as to determine with reasonable certainty that the values are
correctly carried on its books. Assets and liabilities shall be verified in accordance with
methods of procedure which the commissioner may determine to be adequate to carry out
the intentions of this section. It shall be the further purpose of these examinations to
assess the adequacy of capital protection and the capacity of the institution to meet usual
and reasonably anticipated deposit withdrawals and other cash commitments without
resorting to excessive borrowing or sale of assets at a significant loss, and to investigate
each institution's compliance with applicable laws and rules. Based on the examination
findings, the commissioner shall make a determination as to whether the institution
is being operated in a safe and sound manner. None of the above provisions limits the
commissioner in making additional examinations as deemed necessary or advisable. The
commissioner shall investigate the methods of operation and conduct of these institutions
and their systems of accounting, to ascertain whether these methods and systems are
in accordance with law and sound banking principles. The commissioner may make
requirements as to records as deemed necessary to facilitate the carrying out of the
commissioner's duties and to properly protect the public interest. The commissioner may
examine, or cause to be examined by these examiners, on oath, any officer, director,
trustee, owner, agent, clerk, customer, or depositor of any financial institution touching
the affairs and business thereof, and may issue, or cause to be issued by the examiners,
subpoenas, and administer, or cause to be administered by the examiners, oaths. In
case of any refusal to obey any subpoena issued under the commissioner's direction,
the refusal may at once be reported to the district court of the district in which the bank
or other financial institution is located, and this court shall enforce obedience to these
subpoenas in the manner provided by law for enforcing obedience to subpoenas of the
court. In all matters relating to official duties, the commissioner of commerce has the
power possessed by courts of law to issue subpoenas and cause them to be served and
enforced, and all officers, directors, trustees, and employees of state banks, savings banks,
trust companies, savings associations, and other financial institutions within the state,
and all persons having dealings with or knowledge of the affairs or methods of these
institutions, shall afford reasonable facilities for these examinations, make returns and
reports to the commissioner of commerce as the commissioner may require; attend and
answer, under oath, the commissioner's lawful inquiries; produce and exhibit any books,
accounts, documents, and property as the commissioner may desire to inspect, and in all
things aid the commissioner in the performance of duties.

Sec. 3.

Minnesota Statutes 2008, section 46.05, is amended to read:


46.05 SUPERVISION OVER FINANCIAL INSTITUTIONS.

Every state bank, savings bank, trust company, savings association, debt management
services provider, new text begindebt settlement services provider, new text endand other financial institutions shall
be at all times under the supervision and subject to the control of the commissioner
of commerce. If, and whenever in the performance of duties, the commissioner finds
it necessary to make a special investigation of any financial institution under the
commissioner's supervision, and other than a complete examination, the commissioner
shall make a charge therefor to include only the necessary costs thereof. Such a fee shall
be payable to the commissioner on the commissioner's making a request for payment.

Sec. 4.

Minnesota Statutes 2008, section 46.131, subdivision 2, is amended to read:


Subd. 2.

Assessment authority.

Each bank, trust company, savings bank, savings
association, regulated lender, industrial loan and thrift company, credit union, motor
vehicle sales finance company, debt management services providernew text begin, debt settlement
services provider,
new text end and insurance premium finance company organized under the laws of
this state or required to be administered by the commissioner of commerce shall pay
into the state treasury its proportionate share of the cost of maintaining the Department
of Commerce.

Sec. 5.

Minnesota Statutes 2008, section 325E.311, subdivision 6, is amended to read:


Subd. 6.

Telephone solicitation.

"Telephone solicitation" means any voice
communication over a telephone line for the purpose of encouraging the purchase or
rental of, or investment in, property, goods, or services, whether the communication is
made by a live operator, through the use of an automatic dialing-announcing device as
defined in section 325E.26, subdivision 2, or by other means. Telephone solicitation
does not include communications:

(1) to any residential subscriber with that subscriber's prior express invitation or
permission; or

(2) by or on behalf of any person or entity with whom a residential subscriber has a
prior or current business or personal relationship.

Telephone solicitation also does not include communications if the caller is identified by a
caller identification service and the call is:

(i) by or on behalf of an organization that is identified as a nonprofit organization
under state or federal law, unless the organization is a debt management services provider
defined in section 332A.02new text begin or a debt settlement services provider defined in section
332B.02
new text end;

(ii) by a person soliciting without the intent to complete, and who does not in
fact complete, the sales presentation during the call, but who will complete the sales
presentation at a later face-to-face meeting between the solicitor who makes the call
and the prospective purchaser; or

(iii) by a political party as defined under section 200.02, subdivision 6.

Sec. 6.

Minnesota Statutes 2008, section 332A.02, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Advertise. new text end

new text begin "Advertise" means to solicit business through any means or
medium.
new text end

Sec. 7.

Minnesota Statutes 2008, section 332A.02, subdivision 5, is amended to read:


Subd. 5.

Controlling or affiliated party.

"Controlling or affiliated party" means
any person new text beginor entity that controls or is controlled, new text enddirectly or indirectly deleted text begincontrolling,
controlled by
deleted text end, or new text beginis new text endunder common control with another person.new text begin Controlling or affiliated
party includes, but is not limited to, employees, officers, independent contractors,
corporations, partnerships, and limited liability corporations.
new text end

Sec. 8.

Minnesota Statutes 2008, section 332A.02, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Creditor. new text end

new text begin "Creditor" means any party:
new text end

new text begin (1) named by the debtor as a creditor in the debt management services plan or debt
management services agreement;
new text end

new text begin (2) that acquires or holds the debt; or
new text end

new text begin (3) to whom interactions with the debt management services is assigned in relation
to the debt listed in the debt management services plan or debt management services
agreement.
new text end

Sec. 9.

Minnesota Statutes 2008, section 332A.02, subdivision 8, is amended to read:


Subd. 8.

Debt management services provider.

"Debt management services
provider" means any person offering or providing debt management services to a debtor
domiciled in this state, regardless of whether or not a fee is charged for the services and
regardless of whether the person maintains a physical presence in the state. This term
new text begin includes any person to whom duties under a debt management services agreement or
debt management services plan are delegated, and
new text enddoes not include services performed
by the following when engaged in the regular course of their respective businesses and
professions:

(1) attorneys at law, escrow agents, accountants, broker-dealers in securities;

(2) state or national banks, new text begincredit unions,new text end trust companies, savings associations,
title insurance companies, insurance companies, and all other lending institutions duly
authorized to transact business in Minnesotadeleted text begin, provided no fee is charged for the servicedeleted text end;

(3) persons who, as employees on a regular salary or wage of an employer not
engaged in the business of debt management, perform credit services for their employer;

(4) public officers acting in their official capacities and persons acting as a debt
management services provider pursuant to court order;

(5) any person while performing services incidental to the dissolution, winding up,
or liquidation of a partnership, corporation, or other business enterprise;

(6) the state, its political subdivisions, public agencies, and their employees;

(7) deleted text begincredit unions anddeleted text end collection agencies, provided deleted text beginno fee is charged for the servicedeleted text end
new text begin that the services are provided to a creditornew text end;

(8) "qualified organizations" designated as representative payees for purposes of the
Social Security and Supplemental Security Income Representative Payee System and the
federal Omnibus Budget Reconciliation Act of 1990, Public Law 101-508;

(9) accelerated mortgage payment providers. "Accelerated mortgage payment
providers" are persons who, after satisfying the requirements of sections 332.30 to
332.303, receive funds to make mortgage payments to a lender or lenders, on behalf
of mortgagors, in order to exceed regularly scheduled minimum payment obligations
under the terms of the indebtedness. The term does not include: (i) persons or entities
described in clauses (1) to (8); (ii) mortgage lenders or servicers, industrial loan and
thrift companies, or regulated lenders under chapter 56; or (iii) persons authorized to
make loans under section 47.20, subdivision 1. For purposes of this clause and sections
332.30 to 332.303, "lender" means the original lender or that lender's assignee, whichever
is the current mortgage holder;

(10) trustees, guardians, and conservators; and

(11) debt settlement new text beginservices new text endproviders.

Sec. 10.

Minnesota Statutes 2008, section 332A.02, subdivision 9, is amended to read:


Subd. 9.

Debt management services.

"Debt management services" means the
provision of any deleted text beginone or more of the followingdeleted text end services deleted text beginin connection with debt incurred
primarily for personal, family, or household services:
deleted text end

deleted text begin (1) managing the financial affairs of an individual by distributing income or money
to the individual's creditors;
deleted text end

deleted text begin (2) receiving funds for the purpose of distributing the funds among creditors in
payment or partial payment of obligations of a debtor; or
deleted text end

deleted text begin (3) adjusting, prorating, pooling, or liquidating the indebtedness of a debtordeleted text endnew text begin whereby
a debt management services provider assists in managing the financial affairs of a debtor
by distributing periodic payments to the debtor's creditors from funds that the debt
management services provider receives from the debtor and where the primary purpose
of the services is to effect repayment of debt incurred primarily for personal, family, or
household services
new text end.

Any person so engaged or holding out as so engaged is deemed to be engaged in the
provision of debt management services regardless of whether or not a fee is charged for
such services.

Sec. 11.

Minnesota Statutes 2008, section 332A.02, subdivision 10, is amended to read:


Subd. 10.

Debtor.

"Debtor" means the person for whom the debt deleted text beginprorating service
is
deleted text endnew text begin management services arenew text end performed.

Sec. 12.

Minnesota Statutes 2008, section 332A.02, subdivision 13, is amended to read:


Subd. 13.

Debt settlement new text beginservices new text endprovider.

"Debt settlement new text beginservices new text endprovider"
deleted text begin means any person engaging in or holding out as engaging in the business of negotiating,
adjusting, or settling debt incurred primarily for personal, family, or household purposes
without holding or receiving the debtor's funds or personal property and without paying
the debtor's funds to, or distributing the debtor's property among, creditors
deleted text endnew text begin has the
meaning given in section 332B.02, subdivision 11
new text end. deleted text beginThe term shall not include persons
deleted text enddeleted text beginlisted in subdivision 8, clauses (1) to (10).
deleted text end

Sec. 13.

Minnesota Statutes 2008, section 332A.04, subdivision 6, is amended to read:


Subd. 6.

Right of action on bond.

If the registrant has failed to account to a debtor
or distribute to the debtor's creditors the amounts required by this chapter deleted text beginanddeleted text endnew text begin, or has
failed to perform any of the services promised in
new text end the debt management services agreement
deleted text begin between the debtor and registrantdeleted text end, new text beginthe registrant is in default. new text endThe debtor or the debtor's
legal representative or receiver, the commissioner, or the attorney general, shall have, in
addition to all other legal remedies, a right of action in the name of the debtor on the bond
or the security given under this section, for loss suffered by the debtor, not exceeding the
face amount of the bond or security, and without the necessity of joining the registrant
in the suit or actionnew text begin based on the defaultnew text end.

Sec. 14.

Minnesota Statutes 2008, section 332A.08, is amended to read:


332A.08 DENIAL OF REGISTRATION.

The commissioner, with notice to the applicant by certified mail sent to the address
listed on the application, may deny an application for a registration upon finding that
the applicant:

(1) has submitted an application required under section 332A.04 that contains
incorrect, misleading, incomplete, or materially untrue information. An application is
incomplete if it does not include all the information required in section 332A.04;

(2) has failed to pay any fee or pay or maintain any bond required by this chapter,
or failed to comply with any order, decision, or finding of the commissioner made under
and within the authority of this chapter;

(3) has violated any provision of this chapter or any rule or direction lawfully made
by the commissioner under and within the authority of this chapter;

(4) or any controlling or affiliated party has ever been convicted of a crime or found
civilly liable for an offense involving moral turpitude, including forgery, embezzlement,
obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any
other similar offense or violation, or any violation of a federal or state law or regulation
in connection with activities relating to the rendition of debt management services or
any consumer fraud, false advertising, deceptive trade practices, or similar consumer
protection law;

(5) has had a registration or license previously revoked or suspended in this state or
any other state or the applicant or licensee has been permanently or temporarily enjoined
by any court of competent jurisdiction from engaging in or continuing any conduct or
practice involving any aspect of the debt management services provider business; or
any controlling or affiliated party has been an officer, director, manager, or shareholder
owning more than a ten percent interest in a debt management services provider whose
registration has previously been revoked or suspended in this state or any other state, or
who has been permanently or temporarily enjoined by any court of competent jurisdiction
from engaging in or continuing any conduct or practice involving any aspect of the debt
management services provider business;

(6) has made any false statement or representation to the commissioner;

(7) is insolvent;

(8) refuses to fully comply with an investigation or examination of the debt
management services provider by the commissioner;

(9) has improperly withheld, misappropriated, or converted any money or properties
received in the course of doing business;

(10) has failed to have a trust account with an actual cash balance equal to or greater
than the sum of the escrow balances of each debtor's account;

(11) has defaulted in making payments to creditors on behalf of debtors as required
by agreements between the provider and debtor; deleted text beginor
deleted text end

(12) has used fraudulent, coercive, or dishonest practices, or demonstrated
incompetence, untrustworthiness, or financial irresponsibility in this state or elsewherenew text begin; or
new text end

new text begin (13) has been shown to have engaged in a pattern of failing to perform the services
promised
new text end.

Sec. 15.

Minnesota Statutes 2008, section 332A.10, is amended to read:


332A.10 WRITTEN DEBT MANAGEMENT SERVICES AGREEMENT.

Subdivision 1.

Written agreement required.

new text begin(a) new text endA debt management services
provider may not perform any debt management services or receive any money related
to a debt management services plan until the provider has obtained a debt management
services agreement that contains all terms of the agreement between the debt management
services provider and the debtor.

new text begin (b)new text end A debt management services agreement mustnew text begin:new text end

new text begin (1) new text endbe in writing, dated, and signed by the debt management services provider and
the debtornew text begin;
new text end

new text begin (2) conspicuously indicate whether or not the debt management services provider
is registered with the Minnesota Department of Commerce and include any registration
number; and
new text end

new text begin (3) be written in the debtor's primary language if the debt management services
provider advertised in that language
new text end.

new text begin (c) new text endThe registrant must furnish the debtor with a copy of the signed contract upon
execution.

Subd. 2.

Actions prior to written agreement.

No person may provide debt
management services for a debtor new text beginor execute a debt management services agreement
new text endunless the person first has:

(1) provided the debtor individualized counseling and educational information
that, at a minimum, addresses managing household finances, managing credit and debt,
budgeting, and personal savings strategies;

(2) prepared in writing and provided to the debtor, in a form that the debtor may
keep, an individualized financial analysis and a proposed debt management services
plan listing the debtor's known debts with specific recommendations regarding actions
the debtor should take to reduce or eliminate the amount of the debts, including written
disclosure that debt management services are not suitable for all debtors and that there are
other ways, including bankruptcy, to deal with indebtedness;

(3) made a determination supported by an individualized financial analysis that the
debtor can reasonably meet the requirements of the proposed debt management services
plan and that there is a net tangible benefit to the debtor of entering into the proposed debt
management services plan; deleted text beginand
deleted text end

(4) prepared, in a form the debtor may keep, a written list identifying all known
creditors of the debtor that the provider reasonably expects to participate in the plan
and the creditors, including secured creditors, that the provider reasonably expects not
to participatenew text begin; and
new text end

new text begin (5) disclosed, in addition to the written disclosure on the agreement required under
subdivision 1, whether or not the debt management services provider is registered with the
Minnesota Department of Commerce and any registration number
new text end.

Subd. 3.

Required deleted text begintermsdeleted text endnew text begin provisionsnew text end.

(a) Each debt management services
agreement must contain the following deleted text begintermsdeleted text endnew text begin provisionsnew text end, which must be disclosed
prominently and clearly in bold print on the front page of the agreement, segregated by
bold lines from all other information on the page:

(1) the new text beginorigination new text endfee amount to be paid by the debtor and whether new text beginall or a portion
of
new text endthe deleted text begininitialdeleted text endnew text begin originationnew text end fee deleted text beginamountdeleted text end is refundable or nonrefundable;

(2) the monthly fee amount or percentage to be paid by the debtor; and

(3) the total amount of fees reasonably anticipated to be paid by the debtor over
the term of the agreement.

(b) Each debt management services agreement must also contain the following:

(1) a disclosure that if the amount of debt owed is increased by interest, late fees,
over the limit fees, and other amounts imposed by the creditors, the length of the debt
management services agreement will be extended and remain in force and that the total
dollar charges agreed upon may increase at the rate agreed upon in the original contract
agreement;

(2) a prominent statement describing the terms upon which the debtor may cancel
the contract as set forth in section 332A.11;

(3) a detailed description of all services to be performed by the debt management
services provider for the debtor;

(4) the debt management services provider's refund policy; and

(5) the debt management services provider's principal business address and the name
and address of its agent in this state authorized to receive service of process.

Subd. 4.

Prohibited terms.

The following terms shall not be included in the debt
management services agreement:

(1) a hold harmless clause;

(2) a confession of judgment, or a power of attorney to confess judgment against the
debtor or appear as the debtor in any judicial proceeding;

(3) a waiver of the right to a jury trial, if applicable, in any action brought by
or against a debtor;

(4) an assignment of or an order for payment of wages or other compensation for
services;

(5) a provision in which the debtor agrees not to assert any claim or defense arising
out of the debt management services agreement;

(6) a waiver of any provision of this chapter or a release of any obligation required
to be performed on the part of the debt management services provider; or

(7) a mandatory arbitration new text beginor choice of law new text endclause.

Subd. 5.

New debt management services agreements; modification of existing
agreements.

(a) Separate and additional debt management services agreements that
comply with this chapter may be entered into by the debt management services provider
and the debtor provided that no additional deleted text begininitialdeleted text endnew text begin originationnew text end fee may be charged by the
debt management services provider.

(b) Any modification of an existing debt management services agreement, including
any increase in the number or amount of debts included in the debt management deleted text beginservicedeleted text endnew text begin
services agreement
new text end, must be in writing and signed by both parties, except that the signature
of the debtor is not required if:

(1) a creditor is added to or deleted from a debt management services agreement
at the request of the debtor or a debtor voluntarily increases the amount of a payment,
provided the debt management services provider must provide an updated payment
schedule to the debtor within seven days; or

(2) the payment amount to a creditor in the agreement increases by $10 or less
and the total payment amount to all creditors increases a total of $20 or less as a result
of incorrect or incomplete information provided by the debtor regarding the amount of
debt owed a creditor, provided the debt management services provider must notify the
debtor of the increase within seven days.

No fees, charges, or other consideration may be demanded from the debtor for
the modification, other than an increase in the amount of the monthly maintenance fee
established in the original debt management services agreement.

Sec. 16.

Minnesota Statutes 2008, section 332A.11, subdivision 2, is amended to read:


Subd. 2.

Notice of debtor's right to cancel.

A debt management services
agreement must contain, on its face, in an easily readable deleted text begintypefacedeleted text endnew text begin typenew text end immediately
adjacent to the space for signature by the debtor, the following notice: "Right To Cancel:
You have the right to cancel this contract at any time on ten days' written notice."

Sec. 17.

Minnesota Statutes 2008, section 332A.14, is amended to read:


332A.14 PROHIBITIONS.

deleted text begin A registrantdeleted text endnew text begin (a) No debt management services providernew text end shall deleted text beginnotdeleted text end:

(1) purchase from a creditor any obligation of a debtor;

(2) use, threaten to use, seek to have used, or seek to have threatened the use of any
legal process, including but not limited to garnishment and repossession of personal
property, against any debtor while the debt management services agreement between the
registrant and the debtor remains executory;

(3) advisenew text begin, counsel, or encouragenew text end a debtor to stop paying a creditor deleted text beginuntil a debt
management services plan is in place
deleted text endnew text begin, or imply, infer, encourage, or in any other way
indicate, that it is advisable to stop paying a creditor
new text end;

new text begin (4) sanction or condone the act by a debtor of ceasing payments or imply, infer,
or in any manner indicate that the act of ceasing payments is advisable or beneficial to
the debtor;
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end require as a condition of performing debt management services the purchase
of any services, stock, insurance, commodity, or other property or any interest therein
either by the debtor or the registrant;

deleted text begin (5)deleted text endnew text begin (6)new text end compromise any debts unless the prior written approval of the debtor has
been obtained to such compromise and unless such compromise inures solely to the
benefit of the debtor;

deleted text begin (6)deleted text endnew text begin (7)new text end receive from any debtor as security or in payment of any fee a promissory
note or other promise to pay or any mortgage or other security, whether as to real or
personal property;

deleted text begin (7)deleted text endnew text begin (8)new text end lend money or provide credit to any debtor if any interest or fee is charged,
or directly or indirectly collect any fee for referring, advising, procuring, arranging, or
assisting a consumer in obtaining any extension of credit or other debtor service from a
lender or debt management services provider;

deleted text begin (8)deleted text endnew text begin (9)new text end structure a debt management services agreement that would result in negative
amortization of any debt in the plan;

deleted text begin (9)deleted text endnew text begin (10)new text end engage in any unfair, deceptive, or unconscionable act or practice in
connection with any service provided to any debtor;

deleted text begin (10)deleted text endnew text begin (11)new text end offer, pay, or give any material cash fee, gift, bonus, premium, reward, or
other compensation to any person for referring any prospective customer to the registrant
or for enrolling a debtor in a debt management services plan, or provide any other
incentives for employees or agents of the debt management services provider to induce
debtors to enter into a debt management services plan;

deleted text begin (11)deleted text endnew text begin (12)new text end receive any cash, fee, gift, bonus, premium, reward, or other compensation
from any person other than the debtor or a person on the debtor's behalf in connection
with activities as a registrant, provided that this paragraph does not apply to a registrant
which is a bona fide nonprofit corporation duly organized under chapter 317A or under
the similar laws of another state;

deleted text begin (12)deleted text endnew text begin (13)new text end enter into a contract with a debtor unless a thorough written budget analysis
indicates that the debtor can reasonably meet the requirements of the financial adjustment
plan and will be benefited by the plan;

deleted text begin (13)deleted text endnew text begin (14)new text end in any way charge or purport to charge or provide any debtor credit
insurance in conjunction with any contract or agreement involved in the debt management
services plan;

deleted text begin (14)deleted text endnew text begin (15)new text end operate or employ a person who is an employee or owner of a collection
agency or process-serving business; or

deleted text begin (15)deleted text endnew text begin (16)new text end solicit, demand, collect, require, or attempt to require payment of a sum
that the registrant states, discloses, or advertises to be a voluntary contribution new text beginto a debt
management services provider or designee
new text endfrom the debtor.

Sec. 18.

new text begin [332B.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Unless a different meaning is clearly indicated by the context,
for the purposes of this chapter, the terms defined in this section have the meanings given
them.
new text end

new text begin Subd. 2. new text end

new text begin Advertise. new text end

new text begin "Advertise" means to solicit business through any means or
medium.
new text end

new text begin Subd. 3. new text end

new text begin Aggregate debt. new text end

new text begin "Aggregate debt" means the total of principal and interest
that is owed by the debtor to the creditors at the time of execution of the debt settlement
agreement.
new text end

new text begin Subd. 4. new text end

new text begin Attorney general. new text end

new text begin "Attorney general" means the attorney general of the
state of Minnesota.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of commerce.
new text end

new text begin Subd. 6. new text end

new text begin Controlling or affiliated party. new text end

new text begin "Controlling or affiliated party" means
any person or entity that controls or is controlled, directly or indirectly, or is under
common control with another person. Controlling or affiliated party includes, but is not
limited to, employees, officers, independent contractors, corporations, partnerships, and
limited liability corporations.
new text end

new text begin Subd. 7. new text end

new text begin Creditor. new text end

new text begin "Creditor" means any party:
new text end

new text begin (1) named by the debtor as a creditor in the debt settlement services plan or debt
settlement services agreement;
new text end

new text begin (2) that acquires or holds the debt; or
new text end

new text begin (3) to whom interactions with the debt settlement services is assigned in relation to
the debt listed in the debt settlement services plan or debt settlement services agreement.
new text end

new text begin Subd. 8. new text end

new text begin Debt settlement services. new text end

new text begin "Debt settlement services" means any one or
more of the following activities:
new text end

new text begin (1) offering to provide advice, or offering to act or acting as an intermediary between
a debtor and one or more of the debtor's creditors, where the primary purpose of the
advice or action is to obtain a settlement for less than the full amount of debt, whether
in principal, interest, fees, or other charges, incurred primarily for personal, family, or
household purposes including, but not limited to, offering debt negotiation, debt reduction,
or debt relief services; or
new text end

new text begin (2) advising, encouraging, assisting, or counseling a debtor to accumulate funds in
an account for future payment of a reduced amount of debt to one or more of the debtor's
creditors.
new text end

new text begin Any person so engaged or holding out as so engaged is deemed to be engaged in
the provision of debt settlement services, regardless of whether or not a fee is charged for
such services.
new text end

new text begin Subd. 9. new text end

new text begin Debt settlement services agreement. new text end

new text begin "Debt settlement services
agreement" means the written contract between the debt settlement services provider
and the debtor.
new text end

new text begin Subd. 10. new text end

new text begin Debt settlement services plan. new text end

new text begin "Debt settlement services plan" means
the debtor's individualized package of debt settlement services set forth in the debt
settlement services agreement.
new text end

new text begin Subd. 11. new text end

new text begin Debt settlement services provider. new text end

new text begin "Debt settlement services provider"
means any person offering or providing debt settlement services to a debtor domiciled
in this state, regardless of whether or not a fee is charged for the services and regardless
of whether the person maintains a physical presence in the state. The term includes any
person to whom duties under a debt management agreement or debt management plan are
delegated, a lead generator, or any other person acting as an intermediary or referral agent
between a debtor and an entity actually providing debt settlement services. The term shall
not include persons listed in section 332A.02, subdivision 8, clauses (1) to (10).
new text end

new text begin Subd. 12. new text end

new text begin Lead generator. new text end

new text begin "Lead generator" means a person that solicits debtors
to engage in debt settlement through mail, in-person, or electronic Web site-based
solicitation or any other means.
new text end

new text begin Subd. 13. new text end

new text begin Person. new text end

new text begin "Person" means an individual, firm, partnership, association,
or corporation.
new text end

new text begin Subd. 14. new text end

new text begin Registrant. new text end

new text begin "Registrant" means any person registered by the
commissioner pursuant to this chapter and, where used in conjunction with an act or
omission required or prohibited by this chapter, shall mean any person performing debt
settlement services.
new text end

Sec. 19.

new text begin [332B.03] REQUIREMENT OF REGISTRATION.
new text end

new text begin On or after August 1, 2009, it is unlawful for any person, whether or not located
in this state, to operate as a debt settlement services provider or provide debt settlement
services including, but not limited to, offering, advertising, or executing or causing to be
executed any debt settlement services or debt settlement services agreement, except as
authorized by law, without first becoming registered as provided in this chapter. Debt
settlement services providers may continue to provide debt settlement services without
complying with this chapter to those debtors who entered into a contract to participate
in a debt settlement services plan prior to August 1, 2009, but may not enter into a debt
settlement services agreement with a debt on or after August 1, 2009, without complying
with this chapter.
new text end

Sec. 20.

new text begin [332B.04] REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Form. new text end

new text begin Application for registration to operate as a debt settlement
services provider in this state must be made in writing to the commissioner, under oath, in
the form prescribed by the commissioner, and must contain:
new text end

new text begin (1) the full name of each principal of the entity applying;
new text end

new text begin (2) the address, which must not be a post office box, and the telephone number and,
if applicable, the e-mail address, of the applicant;
new text end

new text begin (3) consent to the jurisdiction of the courts of this state;
new text end

new text begin (4) the name and address of the registered agent authorized to accept service of
process on behalf of the applicant or appointment of the commissioner as the applicant's
agent for purposes of accepting service of process;
new text end

new text begin (5) disclosure of:
new text end

new text begin (i) whether any controlling or affiliated party has ever been convicted of a crime
or found civilly liable for an offense involving moral turpitude, including forgery,
embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to
defraud, or any other similar offense or violation, or any violation of a federal or state
law or regulation in connection with activities relating to the rendition of debt settlement
services or involving any consumer fraud, false advertising, deceptive trade practices, or
similar consumer protection law;
new text end

new text begin (ii) any judgments, private or public litigation, tax liens, written complaints,
administrative actions, or investigations by any government agency against the applicant
or any officer, director, manager, or shareholder owning more than five percent interest
in the applicant, unresolved or otherwise, filed or otherwise commenced within the
preceding ten years;
new text end

new text begin (iii) whether the applicant or any person employed by the applicant has had a record
of having defaulted in the payment of money collected for others, including the discharge
of debts through bankruptcy proceedings; and
new text end

new text begin (iv) whether the applicant's license or registration to provide debt settlement services
in any other state has ever been revoked or suspended;
new text end

new text begin (6) a copy of the applicant's standard debt settlement services agreement that the
applicant intends to execute with debtors;
new text end

new text begin (7) proof of accreditation; and
new text end

new text begin (8) any other information and material as the commissioner may require.
new text end

new text begin The commissioner may, for good cause shown, temporarily waive any requirement
of this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Term and scope of registration. new text end

new text begin A registration is effective until 11:59
p.m. on December 31 of the year for which the application for registration is filed or until
it is surrendered by the registrant or revoked or suspended by the commissioner. The
registration is limited solely to the business of providing debt settlement services.
new text end

new text begin Subd. 3. new text end

new text begin Fees; bond. new text end

new text begin An applicant for registration as a debt settlement services
provider must comply with the requirements of section 332A.04, subdivisions 3, 4, and 5.
new text end

new text begin Subd. 4. new text end

new text begin Right of action on bond. new text end

new text begin If the registrant has failed to account to a debtor,
or has failed to perform any of the services promised, the registrant is in default. The
debtor or the debtor's legal representative or receiver, the commissioner, or the attorney
general, shall have, in addition to all other legal remedies, a right of action in the name of
the debtor on the bond or the security given under this section, for loss suffered by the
debtor, not exceeding the face amount of the bond or security, and without the necessity of
joining the registrant in the suit or action based on the default.
new text end

new text begin Subd. 5. new text end

new text begin Registrant list. new text end

new text begin The commissioner must maintain a list of registered debt
settlement services providers. The list must be made available to the public in written
form upon request and on the Department of Commerce Web site.
new text end

new text begin Subd. 6. new text end

new text begin Renewal of registration. new text end

new text begin Each year, each registrant under the provisions
of this chapter must not, more than 60 nor less than 30 days before its registration is to
expire, apply to the commissioner for renewal of its registration on a form prescribed by
the commissioner. The application must be signed by the registrant under penalty of
perjury, contain current information on all matters required in the original application, and
be accompanied by a payment of $250. The registrant must maintain a continuous surety
bond that satisfies the requirements of section 332A.04, subdivision 4. The renewal is
effective for one year. The commissioner may, for good cause shown, temporarily waive
any requirement of this section.
new text end

Sec. 21.

new text begin [332B.05] DENIAL, SUSPENSION, REVOCATION, OR
NONRENEWAL OF REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Denial. new text end

new text begin The commissioner, with notice to the applicant by certified
mail sent to the address listed on the application, may deny an application for a registration
for any of the reasons specified under section 332A.08.
new text end

new text begin Subd. 2. new text end

new text begin Suspension, revocation, or nonrenewal. new text end

new text begin The commissioner may suspend,
revoke, or refuse to renew any registration issued under this chapter, or may levy a civil
penalty under section 45.027, or any combination of actions, if the debt settlement services
provider or any controlling or affiliated person has committed any act or omission for
which the commissioner could have refused to issue an initial registration.
new text end

new text begin Subd. 3. new text end

new text begin Procedure. new text end

new text begin Suspension, revocation, or nonrenewal must be upon notice
and under the conditions prescribed in section 332A.09, subdivision 1. Upon issuance of
an order suspending, revoking, or refusing to renew a registration, the commissioner:
new text end

new text begin (1) shall follow the procedure established in section 332A.09, subdivision 2; and
new text end

new text begin (2) may follow the procedure specified in section 332A.09, subdivision 3, concerning
the appointment of a receiver for funds of sanctioned registrants.
new text end

Sec. 22.

new text begin [332B.06] WRITTEN DEBT SETTLEMENT SERVICES AGREEMENT;
DISCLOSURES; TRUST ACCOUNT.
new text end

new text begin Subdivision 1. new text end