relating to state government; establishing and modifying certain grants and
programs; making technical changes; regulating certain activities and practices;
providing penalties; establishing working groups; regulating unemployment
insurance; regulating labor standards and wages; providing for licensing and
fees; amending Iron Range resources provisions; regulating certain facilities;
regulating certain boards and committees; modifying certain Housing Finance
Authority provisions; modifying Heritage Finance provisions; appropriating
money;amending Minnesota Statutes 2008, sections 15.75, subdivision 5;
16B.54, subdivision 2; 84.94, subdivision 3; 85.0146, subdivision 1; 89A.08,
subdivision 1; 115C.08, subdivision 4; 116J.035, subdivisions 1, 6; 116J.401,
subdivision 2; 116J.424; 116J.431, subdivisions 1, 2, 4, 6, by adding a
subdivision; 116J.435, subdivision 3; 116J.554, subdivision 1; 116J.555,
subdivision 1; 116J.68, subdivision 2; 116J.8731, subdivisions 2, 3; 116L.03,
subdivision 5; 116L.05, subdivision 5; 116L.20, subdivision 1; 116L.362,
subdivision 1; 116L.364, subdivision 3; 116L.871, subdivision 1; 116L.96;
116O.115, subdivisions 2, 4; 123A.08, subdivision 1; 124D.49, subdivision
3; 129D.13; 129D.14, subdivisions 4, 5, 6; 129D.155; 154.001; 154.19;
154.44, subdivision 1; 154.51; 160.276, subdivision 8; 177.30; 177.31; 177.32;
177.42, subdivision 6, by adding a subdivision; 177.43, subdivisions 3, 6a;
178.02, subdivision 2; 182.656, subdivision 3; 214.01, subdivision 3; 214.04,
subdivision 3; 216B.1612, subdivision 2; 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, subdivisions 1, 2; 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, 10, 11; 268.101,
subdivisions 1, 2; 268.103, subdivision 1, by adding a subdivision; 268.105,
subdivisions 1, 2, 3a, 4, 5; 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; 298.22, subdivisions 2, 5a, 6, 7, 8, 10, 11; 298.221; 298.2211, subdivision 3;
298.2213, subdivisions 4, 5; 298.2214, subdivision 1, by adding a subdivision;
298.223; 298.227; 298.28, subdivision 9d; 298.292, subdivision 2; 298.294;
298.296, subdivision 2; 298.2961; 298.297; 326B.33, subdivision 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; 462A.05, subdivisions 14, 14a; 469.169, subdivision
3; 469.201, subdivisions 2, 4, 6, 7, 10, 11, 12; 469.202; 469.203, subdivisions
1, 2, 4; 469.204, subdivision 1, by adding a subdivision; 469.205; 469.207,
subdivision 2; 580.07; Laws 1998, chapter 404, section 23, subdivision 6, as
amended; Laws 2007, chapter 135, article 1, section 16; proposing coding for
new law in Minnesota Statutes, chapters 90; 116J; 155A; 181; 268; 298; 326B;
repealing Minnesota Statutes 2008, sections 116J.402; 116J.413; 116J.431,
subdivision 5; 116J.58, subdivision 1; 116J.59; 116J.61; 116J.656; 116L.16;
116L.88; 116U.65; 176.135, subdivision 1b; 268.085, subdivision 14; 268.086,
subdivisions 1, 2, 3, 5, 6, 7, 8, 9; 469.203, subdivision 3; 469.204, subdivisions
2, 3; Minnesota Rules, part 1350.8300.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.17JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS
2.19 The amounts shown in this section summarize direct appropriations, by fund, made
2.20in this article.
|Section 1. JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.
2.28 The sums shown in the columns marked "Appropriations" are appropriated to the
2.29agencies and for the purposes specified in this article. The appropriations are from the
2.30general fund, or another named fund, and are available for the fiscal years indicated
2.31for each purpose. The figures "2010" and "2011" used in this article mean that the
2.32appropriations listed under them are available for the fiscal year ending June 30, 2010, or
2.33June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
2.34year 2011. "The biennium" is fiscal years 2010 and 2011.
|Sec. 2. JOBS AND ECONOMIC DEVELOPMENT.
||Available for the Year
||Ending June 30
|Sec. 3. DEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT
|Subdivision 1.Total Appropriation
3.8The amounts that may be spent for each
3.9purpose are specified in the following
|Appropriations by Fund
|Subd. 2.Business and Community
3.18(a) $700,000 each year is from the
3.19remediation fund for contaminated site
3.20cleanup and development grants under
3.21Minnesota Statutes, section 116J.554. This
3.22appropriation is available until expended.
3.23(b)(1) $150,000 each year is from the
3.24workforce development fund for a grant
3.25under Minnesota Statutes, section 116J.421,
3.26to the Rural Policy and Development
3.27Center at St. Peter, Minnesota. The grant
3.28shall be used for research and policy
3.29analysis on emerging economic and social
3.30issues in rural Minnesota, to serve as a
3.31policy resource center for rural Minnesota
3.32communities, to encourage collaboration
3.33across higher education institutions, to
3.34provide interdisciplinary team approaches
3.35to research and problem-solving in rural
4.1communities, and to administer overall
4.2operations of the center.
4.3(2) The grant shall be provided upon the
4.4condition that each state-appropriated
4.5dollar be matched with a nonstate dollar.
4.6Acceptable matching funds are nonstate
4.7contributions that the center has received and
4.8have not been used to match previous state
4.9grants. Any funds not spent the first year are
4.10available the second year.
4.11(c) $225,000 each year is from the general
4.12fund for a grant to WomenVenture for
4.13women's business development programs
4.14and for programs that encourage and assist
4.15women to enter nontraditional careers in the
4.16trades; manual and technical occupations;
4.17science, technology, engineering, and
4.18mathematics-related occupations; and green
4.19jobs. This appropriation may be matched
4.20dollar for dollar with any resources available
4.21from the federal government for these
4.22purposes with priority given to initiatives
4.23that have a goal of increasing by at least ten
4.24percent the number of women in occupations
4.25where women currently comprise less than 25
4.26percent of the workforce. The appropriation
4.27is available until expended.
4.28(d) $105,000 each year is from the general
4.29fund and $50,000 each year is from the
4.30workforce development fund for a grant to
4.31the Metropolitan Economic Development
4.32Association for continuing minority business
4.33development programs in the metropolitan
4.34area and for contract procurement support
4.35to businesses in northeast and southwest
5.1Minnesota. This appropriation must be used
5.2for the sole purpose of providing free or
5.3reduced fee business consulting services to
5.4minority entrepreneurs and contractors.
5.5(e) $50,000 each year is from the general
5.6fund for a grant to the Minnesota Inventors
5.7Congress, of which at least $5,000 must be
5.8used for youth inventors.
5.9(f)(1) $600,000 each year is from the general
5.10fund for a grant to BioBusiness Alliance
5.11of Minnesota for bioscience business
5.12development programs to promote and
5.13position the state as a global leader in
5.14bioscience business activities. This is a
5.15onetime appropriation. These funds may be
5.16used to create, recruit, retain, and expand
5.17biobusiness activity in Minnesota; implement
5.18the destination 2025 statewide plan; update
5.19a statewide assessment of the bioscience
5.20industry and the competitive position of
5.21Minnesota-based bioscience businesses
5.22relative to other states and other nations;
5.23and develop and implement business and
5.24scenario-planning models to create, recruit,
5.25retain, and expand biobusiness activity in
5.27(2) The BioBusiness Alliance must report
5.28each year by February 15 to the committees
5.29of the house of representatives and the senate
5.30having jurisdiction over bioscience industry
5.31activity in Minnesota on the use of funds;
5.32the number of bioscience businesses and
5.33jobs created, recruited, retained, or expanded
5.34in the state since the last reporting period;
5.35the competitive position of the biobusiness
6.1industry; and utilization rates and results of
6.2the business and scenario-planning models
6.3and outcomes resulting from utilization of
6.4the business and scenario-planning models.
6.5(g) Notwithstanding Minnesota Statutes,
6.6section 268.18, subdivision 2, $500,000 of
6.7funds collected for unemployment insurance
6.8administration under this subdivision is
6.9appropriated as follows: $250,000 to the city
6.10of Hugo for reimbursement of tornado relief
6.11efforts and $250,000 to Lake County for ice
6.13(h) $1,000,000 in the first year is from the
6.1421st Century Minerals Fund to the Board of
6.15Trustees of the Minnesota State Colleges
6.16and Universities for a grant to the Northeast
6.17Higher Education District for planning,
6.18design, and construction of classrooms and
6.19housing facilities for upper division students
6.20in the engineering program.
6.21(i)(1) $189,000 each year is appropriated
6.22from the general fund for grants of $63,000
6.23to eligible organizations each year to assist in
6.24the development of entrepreneurs and small
6.25businesses. Each state grant dollar must be
6.26matched with $1 of nonstate funds. Any
6.27balance in the first year does not cancel but is
6.28available in the second year.
6.29(2) Three grants must be awarded to
6.30continue or to develop a program. One
6.31grant must be awarded to the Riverbend
6.32Center for Entrepreneurial Facilitation
6.33in Blue Earth County, and two to other
6.34organizations serving Faribault and Martin
6.35Counties. Grant recipients must report to the
7.1commissioner by February 1 of each year
7.2that the organization receives a grant with the
7.3number of customers served; the number of
7.4businesses started, stabilized, or expanded;
7.5the number of jobs created and retained; and
7.6business success rates. The commissioner
7.7must report to the house of representatives
7.8and senate committees with jurisdiction
7.9over economic development finance on the
7.10effectiveness of these programs for assisting
7.11in the development of entrepreneurs and
|Appropriations by Fund
|Subd. 3.Workforce Development
7.18(a) $4,562,000 each year is from the general
7.19fund for the Minnesota job skills partnership
7.20program under Minnesota Statutes, sections
7.21116L.01 to 116L.17. If the appropriation for
7.22either year is insufficient, the appropriation
7.23for the other year is available. This
7.24appropriation is available until spent.
7.25(b) $8,800,000 each year is from the general
7.26fund for the state's vocational rehabilitation
7.27program under Minnesota Statutes, chapter
7.29(c) $5,986,000 each year is from the general
7.30fund for the state services for the blind
7.32(d) $2,380,000 each year is from the general
7.33fund for grants to centers for independent
7.34living under Minnesota Statutes, section
8.1(e) $350,000 each year is from the general
8.2fund and $105,000 each year is from the
8.3workforce development fund for a grant
8.4under Minnesota Statutes, section 116J.8747,
8.5to Twin Cities RISE! to provide training to
8.6hard-to-train individuals. Funds unexpended
8.7in the first year are available for expenditure
8.8in the second year.
8.9(f) $150,000 each year is from the general
8.10fund and $50,000 each year is from the
8.11workforce development fund for a grant
8.12to Northern Connections in Perham to
8.13implement and operate a pilot workforce
8.14program that provides one-stop supportive
8.15services to individuals as they transition into
8.17(g) $150,000 each year is from the general
8.18fund for a grant to Advocating Change
8.19Together for training, technical assistance,
8.20and resource materials for persons with
8.21developmental and mental illness disabilities.
8.22(h) $5,627,000 each year is from the general
8.23fund and $6,920,000 each year is from the
8.24workforce development fund for extended
8.25employment services for persons with severe
8.26disabilities or related conditions under
8.27Minnesota Statutes, section 268A.15. Of
8.28the general fund appropriation, $125,000
8.29each year is to supplement funds paid for
8.30wage incentives for the community support
8.31fund established in Minnesota Rules, part
8.33(i) $1,613,000 each year is from the general
8.34fund for grants to programs that provide
8.35employment support services to persons with
9.1mental illness under Minnesota Statutes,
9.2sections 268A.13 and 268A.14. Grants
9.3may be used for special projects for young
9.4people with mental illness transitioning from
9.5school to work and people with serious
9.6mental illness receiving services through
9.7a mental health court or civil commitment
9.8court. Special projects must demonstrate
9.10(j) $145,000 each year is from the general
9.11fund and $175,000 each year is from the
9.12workforce development fund for a grant
9.13under Minnesota Statutes, section 268A.03,
9.14to Rise, Inc. for the Minnesota Employment
9.15Center for People Who are Deaf or Hard of
9.16Hearing. Money not expended the first year
9.17is available the second year.
9.18(k) $50,000 each year is from the general
9.19fund and $250,000 each year is from the
9.20workforce development fund for a grant to
9.21Lifetrack Resources for its immigrant and
9.22refugee collaborative program, including
9.23those related to job-seeking skills and
9.24workplace orientation, intensive job
9.25development, functional work English, and
9.26on-site job coaching. This appropriation may
9.27also be used in Rochester.
9.28(l) $3,500,000 each year is from the
9.29workforce development fund for the
9.30Minnesota youth program under Minnesota
9.31Statutes, sections 116L.56 and 116L.561.
9.32(m) $1,375,000 each year is from the
9.33workforce development fund for the
9.34Opportunities Industrialization Center
10.1(n) $1,250,000 each year is from the
10.2workforce development fund for grants for
10.3the Minneapolis summer youth employment
10.4program. The grants shall be used to fund
10.5up to 500 jobs for youth each summer. Of
10.6this appropriation, $310,000 each year is for
10.7a grant to the learn-to-earn summer youth
10.8employment program. The commissioner
10.9shall establish criteria for awarding the
10.10grants. This appropriation is available in
10.11either year of the biennium and is available
10.13(o) $575,000 each year is from the workforce
10.14development fund for grants to fund summer
10.15youth employment in St. Paul. The grants
10.16shall be used to fund up to 500 jobs for
10.17youth each summer. The commissioner shall
10.18establish criteria for awarding the grants.
10.19This appropriation is available in either year
10.20of the biennium and is available until spent.
10.21(p) $1,000,000 each year is from the
10.22workforce development fund for the
10.23youthbuild program under Minnesota
10.24Statutes, sections 116L.361 to 116L.366.
10.25(q) $100,000 each year is from the
10.26workforce development fund for grants
10.27for the indigenous earthkeepers program
10.28for American Indian youth environmental
10.29education and training. Funds must be
10.30used to provide programming for up to
10.3180 American Indian youth ages 14 to 19.
10.32The indigenous earthkeepers program must
10.33use the environment, with native language
10.34as its primary core, to develop student
10.35academic skills and knowledge at Center
11.1School and Healthy Nations Program of the
11.2Minneapolis American Indian Center. The
11.3program must foster a sense of civic and
11.4environmental responsibility by providing
11.5youth the opportunity to serve on small,
11.6natural, and urban resource crews in the
11.7Twin Cities metropolitan area and outside of
11.8the metropolitan area. In addition, it must
11.9build the capacity of these youths to improve
11.10their lives in an indigenous-inspired and
11.11culturally relevant manner. At a minimum,
11.12the program curriculum must include water
11.13studies, identification of waterway cleanup
11.14sites, cleanup of waterways significant to
11.15indigenous culture and education, plant
11.16identification, gardening, and indigenous
11.17language components. This is a onetime
11.19(r) $340,000 each year is from the workforce
11.20development fund for grants to provide
11.21interpreters for a regional transition program
11.22that specializes in providing culturally
11.23appropriate transition services leading to
11.24employment for deaf, hard-of-hearing, and
11.26(s) The first $1,450,000 deposited in each
11.27year of the biennium into the contingent
11.28account created under Minnesota Statutes,
11.29section 268.199, shall be transferred
11.30before the closing of each fiscal year to
11.31the workforce development fund created
11.32under Minnesota Statutes, section 116L.20.
11.33Deposits in excess of $1,450,000 shall be
11.34transferred before the closing of each fiscal
11.35year to the general fund.
12.1(t) $75,000 each year is from the workforce
12.2development fund for a grant to the Ramsey
12.3County Workforce Investment Board for the
12.4development of the building lives program.
12.5This is a onetime appropriation.
12.6(u) $75,000 each year is from the workforce
12.7development fund for a grant to a nonprofit
12.8organization. The nonprofit organization
12.9must work on behalf of all licensed
12.10vendors to coordinate their efforts to
12.11respond to solicitations or other requests
12.12from private and governmental units as
12.13defined in Minnesota Statutes, section
12.14471.59, subdivision 1, in order to increase
12.15employment opportunities for persons with
12.16disabilities. This is a onetime appropriation.
12.17(v) $500,000 each year from the workforce
12.18development fund is for a grant to the
12.19Minnesota Alliance of Boys and Girls
12.20Clubs to administer a statewide project
12.21of youth job skills development. This
12.22project, which may have career guidance
12.23components, including health and life skills,
12.24is to encourage, train, and assist youth in
12.25job-seeking skills, workplace orientation,
12.26and job site knowledge through coaching.
12.27This grant requires a 25 percent match from
12.29(w) $100,000 in the first year is from the
12.30workforce development fund for a grant to the
12.31Southeast Asian Collaborative in Hennepin
12.32County for an intensive intervention
12.33transitional employment training project
12.34to move refugee and immigrant welfare
12.35recipients into unsubsidized employment
13.1leading to economic self-sufficiency. One
13.2of the five partners in the collaborative
13.3shall be chosen as the fiscal agent by the
13.4commissioner of employment and economic
13.5development. The primary effort must be
13.6on intensive employment skills training,
13.7including workplace English and overcoming
13.8cultural barriers, and on specialized training
13.9in fields of work which involve a credit-based
13.10curriculum. For recipients without a high
13.11school diploma or a GED, extra effort shall
13.12be made to help the recipient meet the ability
13.13to benefit test so the recipient can receive
13.14financial aid for further training. During
13.15the specialized training, efforts should be
13.16made to involve the recipients with an
13.17internship program and retention specialist.
13.18This appropriation is not available until the
13.19commissioner of finance has determined that
13.20at least an equal amount has been committed
13.21from nonstate funds.
13.22(x) $7,500,000 each year is from the
13.23workforce development fund for grants to
13.24establish two emergency employment pilot
13.25projects in counties with high unemployment
13.26rates. The grants may be used for wage
13.27subsidies of up to 50 percent of the wage
13.28paid. The maximum wage subsidy shall be
13.29$5 per hour. This is a onetime appropriation.
13.30(y) $1,000,000 each year is from reserve
13.31funds allocated to the Department of
13.32Employment and Economic Development
13.33under the American Recovery and
13.34Reinvestment Act, Public Law 115-5,
13.35for Workforce Investment Act adult and
13.36displaced worker programs for on-the-job
14.1training for eligible persons in counties
14.2with high unemployment. This is a onetime
14.4(z) $750,000 the first year is from the
14.5workforce development fund to Enterprise
14.6Minnesota, Inc. for the small business
14.7growth acceleration program established
14.8under Minnesota Statutes, section 116O.115.
14.9(aa) $150,000 each year is for a grant to the
14.10nonprofit organization selected to administer
14.11the demonstration project for high-risk adults
14.12under Laws 2007, chapter 54, article 1,
14.13section 19, in order to continue the project
14.14for a second biennium. This is a onetime
14.16(bb) Of the money available to Minnesota
14.17from the American Recovery and
14.18Reinvestment Act of 2009, Public Law
14.19111-5, and allocated to the Department of
14.20Employment and Economic Development for
14.21state employment programs, $250,000 is for
14.22a grant to Minnesota Diversified Industries
14.23to provide progressive development and
14.24employment opportunities in competitive
14.25business enterprises for people with
14.26disabilities. The appropriation in this section
14.27must be used to provide employee and
14.28program services eligible for funding under
14.29the American Recovery and Reinvestment
14.30Act. This appropriation is available until
14.31expended. No nonstate match is required for
14.33(cc) All Wagner-Peyser funds available to
14.34the state for job seeker services under the
14.35American Recovery and Reinvestment Act of
15.12009, Public Law 111-5, must be allocated to
15.2workforce development centers for universal
15.3job seeker services.
15.4(dd) All Workforce Investment Act
15.5discretionary funds available to the
15.6commissioner for workforce development
15.7under the American Recovery and
15.8Reinvestment Act of 2009, Public Law
15.9111-5, must first be allocated to replace
15.10reductions in state general fund or workforce
15.11development fund resources for employment
15.12and training or youth programs.
15.13The commissioner shall not use any
15.14unallocated discretionary funds available
15.15to the department under the American
15.16Recovery and Reinvestment Act, Public Law
15.17111-5, to hire full-time or part-time staff or
15.18enter into professional or technical contracts
15.19for any purpose other than administration
15.20of the unemployment insurance program
15.21or to provide direct services to job
15.22seekers, including assistance in filing for
|Appropriations by Fund
|Subd. 4.State-Funded Administration
15.26$100,000 the first year and $100,000 the
15.27second year are for the small community
15.28wastewater treatment program under
15.29Minnesota Statutes, chapter 446A. This
15.30appropriation is available until spent.
|Sec. 4. PUBLIC FACILITIES AUTHORITY
15.32(a) Of this amount, $12,000 each year is for a
15.33grant to the Upper Minnesota Film Office.
16.1(b) To develop maximum private sector
16.2involvement in tourism, $500,000 the first
16.3year and $500,000 the second year must
16.4be matched by Explore Minnesota Tourism
16.5from nonstate sources. Each $1 of state
16.6incentive must be matched with $3 of private
16.7sector funding. Cash match is defined as
16.8revenue to the state or documented cash
16.9expenditures directly expended to support
16.10Explore Minnesota Tourism programs. Up
16.11to one-half of the private sector contribution
16.12may be in-kind or soft match. The incentive
16.13in the first year shall be based on fiscal
16.14year 2009 private sector contributions. The
16.15incentive in the second year will be based on
16.16fiscal year 2010 private sector contributions.
16.17This incentive is ongoing.
16.18Funding for the marketing grants is available
16.19either year of the biennium. Unexpended
16.20grant funds from the first year are available
16.21in the second year.
16.22Unexpended money from the general fund
16.23appropriations made under this section
16.24does not cancel but must be placed in a
16.25special marketing account for use by Explore
16.26Minnesota Tourism for additional marketing
16.28(c) $325,000 the first year and $325,000 the
16.29second year are for the Minnesota Film and
16.30TV Board. The appropriation in each year
16.31is available only upon receipt by the board
16.32of $1 in matching contributions of money or
16.33in-kind contributions from nonstate sources
16.34for every $3 provided by this appropriation.
17.1(d) $650,000 the first year and $650,000
17.2the second year are appropriated for a grant
17.3to the Minnesota Film and TV Board for
17.4the film jobs production program under
17.5Minnesota Statutes, section 116U.26. These
17.6appropriations are available in either year
17.7of the biennium and are available until
|Sec. 5. EXPLORE MINNESOTA TOURISM
|Sec. 6. HOUSING FINANCE AGENCY
17.11The amounts that may be spent for each
17.12purpose are specified in the following
17.14This appropriation is for transfer to the
17.15housing development fund for the programs
17.16specified. Except as otherwise indicated, this
17.17transfer is part of the agency's permanent
|Subdivision 1.Total Appropriation
17.20For the economic development and housing
17.21challenge program under Minnesota Statutes,
17.22section 462A.33. Of this amount, $1,395,000
17.23each year shall be made available during the
17.24first 11 months of the fiscal year exclusively
17.25for housing projects for American Indians.
17.26Any funds not committed to housing projects
17.27for American Indians in the first 11 months
17.28of the fiscal year shall be available for any
17.29eligible activity under Minnesota Statutes,
17.31Base Adjustment. Beginning July 1, 2011,
17.32the base is reduced by $1,150,000.
|Subd. 2.Challenge Program
18.1For deposit in the housing trust fund account
18.2created under Minnesota Statutes, section
18.3462A.201, and used for the purposes
18.4provided in that section.
|Subd. 3.Housing Trust Fund
18.6For a rental housing assistance program for
18.7persons with a mental illness or families with
18.8an adult member with a mental illness under
18.9Minnesota Statutes, section
|Subd. 4.Rental Assistance for Mentally Ill
18.11For the family homeless prevention and
18.12assistance programs under Minnesota
|Subd. 5.Family Homeless Prevention
18.15For the home ownership assistance program
18.16under Minnesota Statutes, section 462A.21,
18.17subdivision 8. In fiscal years 2012 and 2013,
18.18the base shall be $885,000 each year.
|Subd. 6.Home Ownership Assistance Fund
18.20For the affordable rental investment fund
18.21program under Minnesota Statutes, section
18.22462A.21, subdivision 8b. The appropriation
18.23is to finance the acquisition, rehabilitation,
18.24and debt restructuring of federally assisted
18.25rental property and for making equity
18.26take-out loans under Minnesota Statutes,
18.27section 462A.05, subdivision 39.
18.28The owner of federally assisted rental
18.29property must agree to participate in
18.30the applicable federally assisted housing
18.31program and to extend any existing
18.32low-income affordability restrictions on the
18.33housing for the maximum term permitted.
18.34The owner must also enter into an agreement
19.1that gives local units of government,
19.2housing and redevelopment authorities,
19.3and nonprofit housing organizations the
19.4right of first refusal if the rental property
19.5is offered for sale. Priority must be given
19.6among comparable federally assisted rental
19.7properties to properties with the longest
19.8remaining term under an agreement for
19.9federal assistance. Priority must also be
19.10given among comparable rental housing
19.11developments to developments that are or
19.12will be owned by local government units, a
19.13housing and redevelopment authority, or a
19.14nonprofit housing organization.
19.15The appropriation also may be used to finance
19.16the acquisition, rehabilitation, and debt
19.17restructuring of existing supportive housing
19.18properties. For purposes of this subdivision,
19.19"supportive housing" means affordable rental
19.20housing with links to services necessary for
19.21individuals, youth, and families with children
19.22to maintain housing stability.
|Subd. 7.Affordable Rental Investment Fund
19.24For the housing rehabilitation program
19.25under Minnesota Statutes, section
19.26subdivision 14, for rental housing
|Subd. 8.Housing Rehabilitation
19.30For the homeownership education,
19.31counseling, and training program under
19.32Minnesota Statutes, section
|Subd. 9.Homeownership Education,
Counseling, and Training
20.1For nonprofit capacity building grants
20.2under Minnesota Statutes, section
|Subd. 10.Capacity Building Grants
20.6$1,500,000 of the amount unobligated
20.7and unencumbered in the disaster relief
20.8contingency fund under Minnesota Statutes,
20.9section 462A.21, subdivision 29, is
20.10transferred to the housing trust fund under
20.11Minnesota Statutes, section 462A.201, for
20.12grants for temporary rental assistance for
20.13families with children who are homeless and
20.14in need of or utilizing an emergency shelter
20.15facility. This is a onetime transfer and is not
20.16added to the agency's permanent budget base.
|Subd. 11.Transfer of Disaster Relief
20.19$250,000 in fiscal year 2010 and $250,000
20.20in fiscal year 2011 are appropriated from
20.21the general fund to the commissioner of the
20.22Housing Finance Agency for grants to the
20.23nonprofit organization selected to administer
20.24the demonstration project for high-risk adults
20.25under Laws 2007, chapter 54, article 1,
20.26section 19, in order to continue the project
20.27for a second biennium. This is a onetime
|Subd. 12.Demonstration Project for High-Risk
20.30$5,000 in fiscal year 2010 and $5,000 in
20.31fiscal year 2011 are for the commissioner of
20.32finance for administrative expenses under
|Sec. 7. Commissioner of Finance
|Sec. 8. DEPARTMENT OF LABOR AND
|Subdivision 1.Total Appropriation
21.11The amounts that may be spent for each
21.12purpose are specified in the following
|Appropriations by Fund
21.15This appropriation is from the workers'
21.17$200,000 each year is for grants to the
21.18Vinland Center for rehabilitation services.
21.19Grants shall be distributed as the department
21.20refers injured workers to the Vinland Center
21.21for rehabilitation services.
|Subd. 2.Workers' Compensation
|Subd. 3.Labor Standards/Apprenticeship
21.27(a) The appropriation from the workforce
21.28development fund is for the apprenticeship
21.29program under Minnesota Statutes, chapter
21.30178, and includes $100,000 each year for
21.31labor education and advancement program
21.32grants and to expand and promote registered
21.33apprenticeship training in nonconstruction
22.1(b) $150,000 each year is from the workforce
22.2development fund for prevailing wage
22.4(c) $200,000 the first year and $200,000
22.5the second year are from the assigned risk
22.6safety account for independent contractor
22.7investigator services to ensure compliance
22.8with the state's independent contractor
22.9exemption certificate program under
22.10Minnesota Statutes, section 181.723.
|Appropriations by Fund
22.12This appropriation is from the workers'
|Subd. 4.General Support
|Sec. 9. BUREAU OF MEDIATION
22.17The amounts that may be spent for each
22.18purpose are specified in the following
|Subdivision 1.Total Appropriation
|Subd. 2.Mediation Services
22.23$100,000 each year is for grants to area labor
22.24management committees. Grants may be
22.25awarded for a 12-month period beginning
22.26July 1 each year. Any unencumbered balance
22.27remaining at the end of the first year does not
22.28cancel but is available for the second year.
|Subd. 3.Labor Management Cooperation
22.31This appropriation is from the workers'
|Sec. 10. WORKERS' COMPENSATION
COURT OF APPEALS
|Sec. 11. MINNESOTA HISTORICAL
23.4The amounts that may be spent for each
23.5purpose are specified in the following
|Subdivision 1.Total Appropriation
23.8Notwithstanding Minnesota Statutes, section
23.9138.668, the Minnesota Historical Society
23.10may not charge a fee for its general tours at
23.11the Capitol, but may charge fees for special
23.12programs other than general tours.
|Subd. 2.Education and Outreach
|Subd. 3.Preservation and Access
|Subd. 4.Fiscal Agent
|(a) Minnesota International Center
|(b) Minnesota Air National Guard Museum
|(c) Minnesota Military Museum
23.20Any unencumbered balance remaining in
23.21this subdivision the first year does not cancel
23.22but is available for the second year of the
23.24The general fund base for the Minnesota Air
23.25National Guard Museum in fiscal year 2012
23.27The general fund base for the Minnesota
23.28Military Museum in fiscal year 2012 is
|(e) Balances Forward
23.31The Minnesota Historical Society may
23.32reallocate funds appropriated in and between
24.1subdivisions 2 and 3 for any program
24.2purposes and the appropriations are available
24.3in either year of the biennium.
|Subd. 5.Fund Transfer
|Sec. 12. BOARD OF ACCOUNTANCY
|Sec. 13. BOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING,
GEOSCIENCE, AND INTERIOR DESIGN
|Sec. 14. BOARD OF BARBER AND
24.13The appropriation is to transition the
24.14commission to being a self-funded entity.
|Sec. 15. COMBATIVE SPORTS
24.17From the general fund to the Legislative
24.18Coordinating Commission under Minnesota
24.19Statutes, section 3.303, for fiscal year 2010
24.20for the economic development strategy
24.21working group established in article 2,
|Sec. 16. LEGISLATIVE COORDINATING
|Sec. 17. BOARD OF THE ARTS
24.25The amounts that may be spent for each
24.26purpose are specified in the following
|Subdivision 1.Total Appropriation
|Subd. 2.Operations and Services
|Subd. 3.Grants Program
|Subd. 4.Regional Arts Councils
|Sec. 18. MINNESOTA HUMANITIES
25.4(a) $1,161,000 the first year and $1,161,000
25.5the second year are for matching grants for
25.7(b) $200,000 the first year and $200,000
25.8the second year are for public television
25.9equipment grants. Equipment or matching
25.10grant allocations shall be made after
25.11considering the recommendations of the
25.12Minnesota Public Television Association.
25.13(c) $17,000 the first year and $17,000 the
25.14second year are for grants to the Twin Cities
25.15regional cable channel.
25.16(d) $287,000 the first year and $287,000 the
25.17second year are for community service grants
25.18to public educational radio stations.
25.19(e) $100,000 the first year and $100,000
25.20the second year are for equipment grants to
25.21public educational radio stations.
25.22(f) The grants in paragraphs (d) and (e)
25.23must be allocated after considering the
25.24recommendations of the Association of
25.25Minnesota Public Educational Radio Stations
25.26under Minnesota Statutes, section 129D.14.
25.27(g) $190,000 the first year and $190,000
25.28the second year are for equipment grants to
25.29Minnesota Public Radio, Inc.
25.30(h) Any unencumbered balance remaining
25.31the first year for grants to public television or
25.32radio stations does not cancel and is available
25.33for the second year.
|Sec. 19. PUBLIC BROADCASTING
Sec. 20. Laws 1998, chapter 404, section 23, subdivision 6, as amended by Laws 2002,
chapter 220, article 10, section 35, subdivision 6, is amended to read:
|Subd. 6.St. Paul RiverCentre Arena
This appropriation is from the general fund
to the commissioner of finance for a loan to
the city of St. Paul to demolish the existing
St. Paul RiverCentre Arena and to design,
construct, furnish, and equip a new arena.
This appropriation is not available until the
lessee to whom the city has leased the arena
has agreed to make rental or other payments
to the city under the terms set forth in this
subdivision. The loan is repayable solely
from and secured by the payments made
to the city by the lessee. The loan is not a
public debt and the full faith, credit, and
taxing powers of the city are not pledged for
of the loan
must be repaid to the commissioner, without
years from the date
of substantial completion of the arena in
accordance with the following schedule:
(1) no repayments are due in the first two
years from the date of substantial completion;
(2) in each of the years three to five, the
lessee must pay $1,250,000;
(3) in each of the years six to ten, the lessee
must pay $1,500,000; and
(4) in each of the years 11 to
, the lessee
must pay $2,000,000
26.32 (5) in year 14, the lessee must pay
27.1 (6) in year 15, the lessee must pay
27.2 $4,000,000; and
27.3 (7) in each of the years 16 to 20, the lessee
27.4 must pay $4,750,000.
(b) The commissioner must deposit the
repayments in the state treasury and credit
them to the general fund.
(c) The loan may not be made until the
commissioner has entered into an agreement
with the city of St. Paul identifying the rental
or other payments that will be made and
establishing the dates on and the amounts
in which the payments will be made to the
city and by the city to the commissioner. The
payments may include operating revenues
and additional payments to be made by the
lessee under agreements to be negotiated
between the commissioner, the city, and the
lessee. Those agreements may include, but
are not limited to, an agreement whereby the
lessee pledges to provide each year a letter
of credit sufficient to guarantee the payment
of the amount due for the next succeeding
year; an agreement whereby the lessee
agrees to maintain a net worth, certified each
year by a financial institution or accounting
firm satisfactory to the commissioner, that
is greater than the balance due under the
payment schedule in paragraph (a); and any
other agreements the commissioner may
deem necessary to ensure that the payments
are made as scheduled.
(d) The agreements must provide that the
failure of the lessee to make a payment due
to the city under the agreement is an event
of default under the lease between the city
and the lessee and that the state is entitled to
enforce the remedies of the lessor under the
lease in the event of default. Those remedies
must include, but need not be limited to, the
obligation of the lessee to pay the balance due
for the remainder of the payment schedule
in the event the lessee ceases to operate a
National Hockey League team in the arena.
(e) By January 1, 1999, the commissioner
shall report to the chair of the senate
committee on state government finance
and the chair of the house committee on
ways and means the terms of an agreement
between the lessee and the amateur sports
commission whereby the lessee agrees to
make the facilities of the arena available to
the commission on terms satisfactory to the
commission for amateur sports activities
consistent with the purposes of Minnesota
Statutes, chapter 240A, each year during the
time the loan is outstanding. The amateur
sports commission must negotiate in good
faith and may be required to pay no more
than actual out-of-pocket expenses for the
time it uses the arena. The agreement may
not become effective before February 1,
1999. During any calendar year after 1999
that an agreement under this paragraph is
not in effect and a payment is due under
the schedule, the lessee must pay to the
commissioner a penalty of $750,000 for that
year. If the amateur sports commission has
not negotiated in good faith, no penalty is
29.1EFFECTIVE DATE.This section is effective the day after the city of St. Paul
29.2issues up to $40,000,000 in bonds for a community ice facility as authorized in law.
29.4EMPLOYMENT AND ECONOMIC DEVELOPMENT-RELATED PROVISIONS
Section 1. Minnesota Statutes 2008, section 15.75, subdivision 5, is amended to read:
Subd. 5. Agreements with Department of Employment and Economic
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, workforce development,
and 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
(4) the Financial Institutions Division and investigative staff
of the Department
(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;
(9) the investigative staff of the Department of Employment and Economic
30.16 (10) (9)
the Office of the Attorney General; and
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,
Departments the Department
Energy, Planning and Development the Department of Employment
30.22and Economic Development
, outside of the metropolitan area as defined in section
, 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 115C.08, subdivision 4, is amended to read:
Subd. 4. Expenditures.
(a) Money in the fund may only be spent:
(1) to administer the petroleum tank release cleanup program established in this
(2) for agency administrative costs under sections
, and costs of corrective action taken by the agency under section
, including investigations;
(3) for costs of recovering expenses of corrective actions under section
(4) for training, certification, and rulemaking under sections
(5) for agency administrative costs of enforcing rules governing the construction,
installation, operation, and closure of aboveground and underground petroleum storage
(6) for reimbursement of the environmental response, compensation, and compliance
account under subdivision 5 and section
115B.26, subdivision 4
(7) for administrative and staff costs as set by the board to administer the petroleum
tank release program established in this chapter;
(8) for corrective action performance audits under section
(9) for contamination cleanup grants, as provided in paragraph (c); and
(10) to assess and remove abandoned underground storage tanks under section
and, if a release is discovered, to pay for the specific consultant and contractor
services costs necessary to complete the tank removal project, including, but not limited
to, excavation soil sampling, groundwater sampling, soil disposal, and completion of an
(b) Except as provided in paragraph (c), money in the fund is appropriated to the
board to make reimbursements or payments under this section.
(c) $6,200,000 is annually appropriated from the fund to the commissioner of
employment and economic development for contamination cleanup grants under section
. Of this amount, the commissioner may spend up to
for administration of the contamination cleanup grant program. The appropriation does
not cancel and is available until expended. The appropriation shall not be withdrawn from
the fund nor the fund balance reduced until the funds are requested by the commissioner
of employment and economic development. The commissioner shall schedule requests
for withdrawals from the fund to minimize the necessity to impose the fee authorized by
subdivision 2. Unless otherwise provided, the appropriation in this paragraph may be
(1) project costs at a qualifying site if a portion of the cleanup costs are attributable
to petroleum contamination or new and used tar and tar-like substances, including but not
32.5limited to bitumen and asphalt, but excluding bituminous or asphalt pavement, that consist
32.6primarily of hydrocarbons and are found in natural deposits in the earth or are distillates,
32.7fractions or residues from the processing of petroleum crude or petroleum products as
32.8defined in section 296A.01
(2) the costs of performing contamination investigation if there is a reasonable basis
to suspect the contamination is attributable to petroleum or new and used tar and tar-like
32.11substances, including but not limited to bitumen and asphalt, but excluding bituminous or
32.12asphalt pavement, that consist primarily of hydrocarbons and are found in natural deposits
32.13in the earth or are distillates, fractions, or residues from the processing of petroleum crude
32.14or petroleum products as defined in section 296A.01
Sec. 5. Minnesota Statutes 2008, section 116J.035, subdivision 1, is amended to read:
Subdivision 1. Powers.
(a) The commissioner may:
(1) apply for, receive, and expend money from municipal, county, regional, and
other government agencies;
(2) apply for, accept, and disburse grants and other aids from other public or private
(3) contract for professional services if such work or services cannot be satisfactorily
performed by employees of the department or by any other state agency;
(4) enter into interstate compacts to jointly carry out such research and planning with
other states or the federal government where appropriate;
(5) distribute informational material at no cost to the public upon reasonable request;
(6) enter into contracts necessary for the performance of the commissioner's duties
with federal, state, regional, metropolitan, local, and other agencies or units of government;
educational institutions, including the University of Minnesota. Contracts made pursuant
to this section shall not be subject to the competitive bidding requirements of chapter 16C.
(b) The commissioner may apply for, receive, and expend money made available
from federal or other sources for the purpose of carrying out the duties and responsibilities
of the commissioner pursuant to this chapter.
(c) All moneys received by the commissioner pursuant to this chapter shall be
deposited in the state treasury and, subject to section 3.3005,
are appropriated to the
commissioner for the purpose for which the moneys have been received. The money shall
not cancel and shall be available until expended.
Sec. 6. Minnesota Statutes 2008, section 116J.035, subdivision 6, is amended to read:
Subd. 6. Receipt of gifts, money; appropriation. (a)
The commissioner may
33.5 accept gifts, bequests, grants, payments for services, and other public and private money
33.6 to help finance the activities of the department.:
33.7(1) apply for, accept, and disburse gifts, bequests, grants, payments for services,
33.8loans, or other property from the United States, the state, private foundations, or any
33.10(2) enter into an agreement required for the gifts, grants, or loans; and
33.11(3) hold, use, and dispose of its assets according to the terms of the gift, grant,
33.12loan, or agreement.
33.13(b) Money received by the commissioner under this subdivision must be deposited
33.14in a separate account in the state treasury and invested by the State Board of Investment.
33.15The amount deposited, including investment earnings, is appropriated to the commissioner
33.16to carry out duties under this section.
Sec. 7. Minnesota Statutes 2008, section 116J.401, subdivision 2, is amended to read:
Subd. 2. Duties; authorizations; limitations. (a)
The 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
(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
(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
(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
(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
(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;
(23) establish and maintain administrative units necessary to perform administrative
functions common to all divisions of the department
35.10(24) investigate, study, and undertake ways and means of promoting and encouraging
35.11the prosperous development and protection of the legitimate interest and welfare of
35.12Minnesota business, industry, and commerce, within and outside the state;
35.13(25) locate markets for manufacturers and processors and aid merchants in locating
35.14and contacting markets;
35.15(26) as necessary or useful for the proper execution of the powers and duties of the
35.16commissioner in promoting and developing Minnesota business, industry, and commerce,
35.17both within and outside the state, investigate and study conditions affecting Minnesota
35.18business, industry, and commerce; collect and disseminate information; and engage in
35.19technical studies, scientific investigations, statistical research, and educational activities;
35.20(27) plan and develop an effective business information service both for the direct
35.21assistance of business and industry of the state and for the encouragement of business and
35.22industry outside the state to use economic facilities within the state;
35.23(28) compile, collect, and develop periodically, or otherwise make available,
35.24information relating to current business conditions;
35.25(29) conduct or encourage research designed to further new and more extensive uses
35.26of the natural and other resources of the state and designed to develop new products
35.27and industrial processes;
35.28(30) study trends and developments in the industries of the state and analyze the
35.29reasons underlying the trends;
35.30(31) study costs and other factors affecting successful operation of businesses within
35.32(32) make recommendations regarding circumstances promoting or hampering
35.33business and industrial development;
35.34(33) serve as a clearinghouse for business and industrial problems of the state;
35.35(34) advise small business enterprises regarding improved methods of accounting
36.1(35) cooperate with interstate commissions engaged in formulating and promoting
36.2the adoption of interstate compacts and agreements helpful to business, industry, and
36.4(36) cooperate with other state departments and with boards, commissions, and
36.5other state agencies in the preparation and coordination of plans and policies for the
36.6development of the state and for the use and conservation of its resources insofar as the
36.7use, conservation, and development may be appropriately directed or influenced by a
36.9(37) in connection with state, county, and municipal public works projects, assemble
36.10and coordinate information relative to the status, scope, cost, and employment possibilities
36.11and availability of materials, equipment, and labor and recommend limitations on the
36.13(38) gather current progress information with reference to public and private
36.14works projects of the state and its political subdivisions with reference to conditions of
36.16(39) inquire into and report to the governor, when requested by the governor, with
36.17respect to any program of public state improvements and its financing; and request
36.18and obtain information from other state departments or agencies as may be needed for
36.20(40) study changes in population and current trends and prepare plans and suggest
36.21policies for the development and conservation of the resources of the state;
36.22(41) confer and cooperate with the executive, legislative, or planning authorities of
36.23the United States, neighboring states and provinces, and the counties and municipalities
36.24of neighboring states, for the purpose of bringing about a coordination between the
36.25development of neighboring provinces, states, counties, and municipalities and the
36.26development of this state;
36.27(42) generally gather, compile, and make available statistical information relating to
36.28business, trade, commerce, industry, transportation, communication, natural resources,
36.29and other like subjects in this state, with authority to call upon other state departments for
36.30statistical data and results obtained by them and to arrange and compile that statistical
36.31information in a reasonable manner;
36.32(43) publish documents and annually convene regional meetings to inform
36.33businesses, local government units, assistance providers, and other interested persons of
36.34changes in state and federal law related to economic development;
36.35(44) annually convene conferences of providers of economic development-related
36.36financial and technical assistance for the purposes of exchanging information on economic
37.1development assistance, coordinating economic development activities, and formulating
37.2economic development strategies;
37.3(45) provide business with information on the economic benefits of energy
37.4conservation and on the availability of energy conservation assistance;
37.5(46) as part of the biennial budget process, prepare performance measures for each
37.6business loan or grant program within the jurisdiction of the commissioner. Measures
37.7include source of funds for each program, number of jobs proposed or promised at the
37.8time of application and the number of jobs created, estimated number of jobs retained, the
37.9average salary and benefits for the jobs resulting from the program, and the number of
37.11(47) provide a continuous program of education for business people;
37.12(48) publish, disseminate, and distribute information and statistics;
37.13(49) promote and encourage the expansion and development of markets for
37.15(50) promote and encourage the location and development of new businesses in the
37.16state as well as the maintenance and expansion of existing businesses and for that purpose
37.17cooperate with state and local agencies and individuals, both within and outside the state;
37.18(51) advertise and disseminate information as to natural resources, desirable
37.19locations, and other advantages for the purpose of attracting businesses to locate in this
37.21(52) aid the various communities in this state in attracting business to their
37.23(53) advise and cooperate with municipal, county, regional, and other planning
37.24agencies and planning groups within the state for the purpose of promoting coordination
37.25between the state and localities as to plans and development in order to maintain a high
37.26level of gainful employment in private profitable production and achieve commensurate
37.27advancement in social and cultural welfare;
37.28(54) coordinate the activities of statewide and local planning agencies, correlate
37.29information secured from them and from state departments and disseminate information
37.30and suggestions to the planning agencies;
37.31(55) encourage and assist in the organization and functioning of local planning
37.32agencies where none exist; and
37.33(56) adopt measures calculated to promote public interest in and understanding of
37.34the problems of planning and, to that end, may publish and distribute copies of any plan
37.35or any report and may employ other means of publicity and education that will give full
37.36effect to the provisions of sections 116J.58 to 116J.63.
38.1(b) At the request of any governmental subdivision in paragraph (a), clause (53),
38.2the commissioner may provide planning assistance, which includes but is not limited to
38.3surveys, land use studies, urban renewal plans, technical services and other planning
38.4work to any city or other municipality in the state or perform similar planning work in
38.5any county, metropolitan area, or regional area in the state. The commissioner must not
38.6perform the planning work with respect to a metropolitan or regional area which is under
38.7the jurisdiction for planning purposes of a county, metropolitan, regional, or joint planning
38.8body, except at the request or with the consent of the respective county, metropolitan,
38.9regional, or joint planning body.
38.10(c) The commissioner is authorized to:
38.11(1) receive and expend money from municipal, county, regional, and other planning
38.13(2) accept and disburse grants and other aids for planning purposes from the federal
38.14government and from other public or private sources;
38.15(3) utilize money received under clause (2) for the employment of consultants and
38.16other temporary personnel to assist in the supervision or performance of planning work
38.17supported by money other than state-appropriated money;
38.18(4) enter into contracts with agencies of the federal government, units of local
38.19government or combinations thereof, and with private persons that are necessary in the
38.20performance of the planning assistance function of the commissioner; and
38.21(5) assist any local government unit in filling out application forms for the federal
38.23(d) In furtherance of its planning functions, any city or town, however organized,
38.24may expend money and contract with agencies of the federal government, appropriate
38.25departments of state government, other local units of government, and with private
Sec. 8. Minnesota Statutes 2008, section 116J.431, subdivision 1, is amended to read:
Subdivision 1. Grant program established; purpose. (a)
The commissioner shall
make grants to counties or
cities to provide up to 50 percent of the capital costs of public
infrastructure necessary for an eligible economic development project. The county or
receiving a grant must provide for the remainder of the costs of the project, either in cash
or in kind. In-kind contributions may include the value of site preparation other than the
public infrastructure needed for the project.
For purposes of this section, "city" means a statutory or home rule charter city
38.35 located outside the metropolitan area, as defined in section
473.121, subdivision 2 .
39.1 "Public infrastructure" means publicly owned physical infrastructure necessary to
39.2 support economic development projects, including, but not limited to, sewers, water
39.3 supply systems, utility extensions, streets, wastewater treatment systems, stormwater
39.4 management systems, and facilities for pretreatment of wastewater to remove phosphorus.
The purpose of the grants made under this section
is to keep or enhance jobs in
the area, increase the tax base, or to expand or create new economic development.
39.7EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2008, section 116J.431, is amended by adding a subdivision
39.10 Subd. 1a. Definitions. (a) For purposes of this section, the following terms have
39.11the meanings given.
39.12(b) "City" means a statutory or home rule charter city located outside the
39.13metropolitan area, as defined in section
473.121, subdivision 2.
39.14(c) "County" means a county located outside the metropolitan area, as defined in
39.15section 473.121, subdivision 2.
39.16(d) "Public infrastructure" means publicly owned physical infrastructure necessary
39.17to support economic development projects, including, but not limited to, sewers, water
39.18supply systems, utility extensions, streets, wastewater treatment systems, storm water
39.19management systems, and facilities for pretreatment of wastewater to remove phosphorus.
39.20EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 10. Minnesota Statutes 2008, section 116J.431, subdivision 2, is amended to read:
Subd. 2. Eligible projects.
An economic development project for which a county or
city may be eligible to receive a grant under this section includes:
(3) warehousing and distribution;
(4) research and development;
(5) agricultural processing, defined as transforming, packaging, sorting, or grading
livestock or livestock products into goods that are used for intermediate or final
consumption, including goods for nonfood use; or
(6) industrial park development that would be used by any other business listed
in this subdivision.
39.33EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2008, section 116J.431, subdivision 4, is amended to read:
Subd. 4. Application.
(a) The commissioner must develop forms and procedures
for soliciting and reviewing applications for grants under this section. At a minimum, a
city must include in its application a resolution of the county or
certifying that the required local match is available. The commissioner must evaluate
complete applications for eligible projects using the following criteria:
(1) the project is an eligible project as defined under subdivision 2;
(2) the project will result in substantial public and private capital investment and
provide substantial economic benefit to the county or
city in which the project would
(3) the project is not relocating substantially the same operation from another
location in the state, unless the commissioner determines the project cannot be reasonably
accommodated within the county or
city in which the business is currently located, or the
business would otherwise relocate to another state; and
(4) the project will create or maintain full-time jobs.
(b) The determination of whether to make a grant for a site is within the discretion of
the commissioner, subject to this section. The commissioner's decisions and application of
the priorities are not subject to judicial review, except for abuse of discretion.
40.19EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 12. Minnesota Statutes 2008, section 116J.431, subdivision 6, is amended to read:
Subd. 6. Maximum grant amount.
A county or
city may receive no more than
$1,000,000 in two years for one or more projects.
40.23EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 13. 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 costs. The commissioner may waive
40.32the requirements related to an eligible project under subdivision 2 if a project would
41.1be eligible under this section but for the fact that its location requires infrastructure
41.2improvements to residential development.
(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. 14. [116J.438] MINNESOTA GREEN ENTERPRISE ASSISTANCE.
41.10(a) The commissioner of employment and economic development shall lead a
41.11multiagency project to advise, promote, market, and coordinate state agency collaboration
41.12on green enterprise and green economy projects, as defined in section 116J.437. The
41.13multiagency project must include the commissioners of employment and economic
41.14development, natural resources, agriculture, transportation, and commerce, and the
41.15director of the Pollution Control Agency. The project must involve collaboration with
41.16state agencies, local governments, and the business and agricultural communities. The
41.17objective of the project is to utilize existing state resources to expedite the delivery of
41.18grants, licenses, permits, and other state authorizations and approvals for green economy
41.19projects. The commissioner shall appoint a lead person to coordinate green enterprise
41.21(b) The commissioner of employment and economic development shall seek out
41.22and may appoint persons from the business community to assist the commissioner in
41.24(c) The commissioner may accept gifts, contributions, and in-kind services for the
41.25purposes of this section, under the authority provided in section 116J.035, subdivision
41.261. Any funds received must be placed in a special revenue account for the purposes of
41.28EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 15. Minnesota Statutes 2008, section 116J.554, subdivision 1, is amended to read:
Subdivision 1. Authority.
(a) The commissioner may make a grant to an applicant
development authority to pay for up to 75 percent of the project costs for a qualifying site.
(b) The commissioner may also make a grant to an applicant development authority
to pay up to 75 percent or $50,000, whichever is less, toward the cost of performing
contaminant investigations and the development of a response action plan for a qualifying
(c) The commissioner may also make a grant to an applicant to fill a site that would
represent more than 50 percent of the remaining land in a city suitable for industrial
development if it were properly filled.
(d) The determination of whether to make a grant for a qualifying site is within the
sole discretion of the commissioner, subject to the process provided by this section, and
available unencumbered money in the appropriation. The commissioner's decisions and
application of the priorities under section
are not subject to judicial review,
except for abuse of discretion.
(e) The total amount of money provided in grants under paragraph (b) may not
per fiscal year.
(f) In making grants under paragraph (b), the commissioner shall give priority to
applicants that have not received a grant under paragraph (a) or section
the year ending on the date of application.
42.16EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 16. Minnesota Statutes 2008, section 116J.555, subdivision 1, is amended to read:
Subdivision 1. Priorities.
(a) The legislature expects that applications for grants
will exceed the available appropriations and the agency will be able to provide grants to
only some of the applicant development authorities.
(b) If applications for grants for qualified sites exceed the available appropriations,
the agency shall make grants for sites that, in the commissioner's judgment, provide
the highest return in public benefits for the public costs incurred and that meet all the
requirements provided by law. In making this judgment, the commissioner shall consider
the following factors:
(1) the recommendations or ranking of projects by the commissioner of the Pollution
Control Agency regarding the potential threat to public health and the environment that
would be reduced or eliminated by completion of each of the response action plans;
(2) the potential increase in the property tax base of the local taxing jurisdictions,
considered relative to the fiscal needs of the jurisdictions, that will result from
developments that will occur because of completion of each of the response action plans;
(3) the social value to the community of the cleanup and redevelopment of the site,
including the importance of development of the proposed public facilities on each of
(4) the probability that each site will be cleaned up without use of government
money in the reasonably foreseeable future by considering but not limited to the current
market value of the site versus the cleanup cost;
(5) the amount of cleanup costs for each site; and
(6) the amount of the commitment of municipal or other local resources to pay for
the cleanup costs.
The factors are not listed in a rank order of priority; rather the commissioner may
weigh each factor, depending upon the facts and circumstances, as the commissioner
considers appropriate. The commissioner may consider other factors that affect the net
return of public benefits for completion of the response action plan. The commissioner,
notwithstanding the listing of priorities and the goal of maximizing the return of public
benefits, shall make grants that distribute available money to sites both within and outside
of the metropolitan area. The commissioner shall provide a written statement of the
supporting reasons for each grant. Unless sufficient applications are not received for
qualifying sites outside of the metropolitan area, at least
percent of the money
provided as grants must be made for sites located outside of the metropolitan area.
43.17EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 17. Minnesota Statutes 2008, section 116J.68, subdivision 2, is amended to read:
Subd. 2. Duties.
The bureau shall:
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;
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
or to the
43.27 business assistance referral system established by the Minnesota Project Outreach
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;
employ staff with adequate and appropriate skills and education and training
for the delivery of information and assistance;
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;
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
relating to the
small targeted group business and economically disadvantaged business program of the
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;
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;
conduct research and provide data as required by the state legislature;
develop and publish material on all aspects of the start-up, operation, or
expansion of a small business in Minnesota;
collect and disseminate information on state procurement opportunities,
including information on the procurement process;
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;
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
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. 18. 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. The commissioner may also make funds
45.7available within the department for eligible expenditures under subdivision 3, clause
A 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. 19. 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
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 sought
45.20(2) strategic investments in renewable energy market development, such as low
45.21interest loans for renewable energy equipment manufacturing, training grants to support
45.22renewable energy workforce, development of a renewable energy supply chain that
45.23represents and strengthens the industry throughout the state, and external marketing to
45.24garner more national and international investment into Minnesota's renewable sector.
45.25Expenditures in external marketing for renewable energy market development are not
45.26subject to the limitations in clause (1).
Sec. 20. [116J.997] PROGRAM ACCOUNTABILITY REQUIREMENTS.
45.28 Subdivision 1. Accountability measurement. By October 1, 2009, the
45.29commissioner of employment and economic development shall develop a uniform
45.30accountability report for economic development or workforce-related programs funded in
45.31whole or in part by state or federal funds. The commissioner shall also develop a formula
45.32for measuring the return on investment for each program and a comparison of the return
45.33on investment of all programs funded in whole or in part by state or federal funds. The
45.34requirements of this section apply to programs administered directly by the commissioner
46.1or administered by other organizations under a grant made by the department. The report
46.2and formula required by this subdivision shall be submitted to the chairs of the committees
46.3of the house of representatives and senate having jurisdiction over economic development
46.4and workforce policy and finance by October 15, 2009, for review and comment.
46.5 Subd. 2. Report to the legislature. By December 31 of each even-numbered year
46.6the commissioner must report to the committees of the house of representatives and the
46.7senate having jurisdiction over economic development and workforce policy and finance
46.8the following information for each program subject to the requirements of subdivision 1:
46.9(1) the target population;
46.10(2) the number of jobs affected by the program, including the number of net new
46.11jobs created in the state and the average annual wage per job;
46.12(3) the number of individuals leaving the unemployment compensation program as
46.13a result of the program;
46.14(4) the number of individuals leaving the Minnesota Family Investment Program
46.15support as a result of the program;
46.16(5) the region of the state in which the program operated;
46.17(6) the amount of state or federal funds allocated to the program; and
46.18(7) the return on investment as calculated by the formula developed by the
46.20 Subd. 3. Report to the commissioner. Before receiving additional state funds, a
46.21recipient of a grant made by or through the department must report to the commissioner by
46.22September 1 of each even-numbered year on each of the clauses in subdivision 2 for each
46.23program it administers. The report must be in a format prescribed by the commissioner.
46.24Beginning November 1, 2009, the commissioner shall provide notice to grant
46.25applicants and recipients regarding the data collection and reporting requirements under
46.26this subdivision and must provide technical assistance to applicants and recipients to assist
46.27in complying with the requirements of this subdivision.
46.28 Subd. 4. Biennial budget request. The information collected and reported under
46.29subdivisions 2 and 3 shall be included in budgets submitted to the legislature under
46.31EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 21. 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
46.34 the initial appointments. The initial appointments of the governor shall have the following
46.35 terms: two members each for one, two, three, and four years
. 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. 22. 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
, or to provide incumbent worker training
services under section
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
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. 23. Minnesota Statutes 2008, section 116L.20, subdivision 1, is amended to read:
Subdivision 1. Determination and collection of special assessment.
(a) In addition
to amounts due from an employer under the Minnesota unemployment insurance program,
each employer, except an employer making reimbursements is liable for a special
assessment levied at the rate of
percent per year on all taxable wages, as defined in
268.035, subdivision 24, except that effective July 1, 2009, until June 30, 2011, the
47.30special assessment shall be levied at a rate of .14 percent per year on all taxable wages as
47.31defined in section
268.035, subdivision 24
. The assessment shall become due and be paid
by each employer on the same schedule and in the same manner as other amounts due
from an employer under section
268.051, subdivision 1
(b) The special assessment levied under this section shall be subject to the same
requirements and collection procedures as any amounts due from an employer under the
Minnesota unemployment insurance program.
Sec. 24. Minnesota Statutes 2008, section 116L.362, subdivision 1, is amended to read:
Subdivision 1. Generally.
(a) The commissioner shall make grants to eligible
organizations for programs to provide education and training services to targeted youth.
The purpose of these programs is to provide specialized training and work experience for
targeted youth who have not been served effectively by the current educational system.
The programs are to include a work experience component with work projects that
result in the rehabilitation, improvement, or construction of (1) residential units for the
(2) improvements to the energy efficiency and environmental health of
48.12residential units and other green jobs purposes; (3) facilities to support community garden
48.13projects; or (4)
education, social service, or health facilities which are owned by a public
agency or a private nonprofit organization.
(b) Eligible facilities must principally provide services to homeless or very low
income individuals and families, and include the following:
(1) Head Start or day care centers;
(2) homeless, battered women, or other shelters;
(3) transitional housing;
(4) youth or senior citizen centers;
(5) community health centers
48.22(6) community garden facilities.
Two or more eligible organizations may jointly apply for a grant. The commissioner
shall administer the grant program.
Sec. 25. Minnesota Statutes 2008, section 116L.364, subdivision 3, is amended to read:
Subd. 3. Work experience component.
A work experience component must be
included in each program. The work experience component must provide vocational skills
training in an industry where there is a viable expectation of job opportunities. A training
subsidy, living allowance, or stipend, not to exceed an amount equal to 100 percent of the
poverty line for a family of two as defined in United States Code, title 42, section 673,
paragraph (2), may be provided to program participants. The wage or stipend must be
provided to participants who are recipients of public assistance in a manner or amount
which will not reduce public assistance benefits. The work experience component must be
designed so that work projects result in (1) the expansion or improvement of residential
units for homeless persons and very low income families
, or ;
(2) improvements to the
49.2energy efficiency and environmental health of residential units; (3) facilities to support
49.3community garden projects; or (4)
rehabilitation, improvement, or construction of eligible
education, social service, or health facilities that principally serve homeless or very low
income individuals and families. Any work project must include direct supervision by
individuals skilled in each specific vocation. Program participants may earn credits
toward the completion of their secondary education from their participation in the work
Sec. 26. 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.
As of July 1, 1998,
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
Sec. 27. Minnesota Statutes 2008, section 116L.96, is amended to read:
50.4116L.96 DISPLACED HOMEMAKER PROGRAMS.
The commissioner of
economic security employment and economic development
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. 28. Minnesota Statutes 2008, section 116O.115, subdivision 2, is amended to read:
Subd. 2. Qualified company.
A company is qualified to receive assistance under
the small business growth acceleration program if
it the company
is a manufacturing
company or a manufacturing-related service company that employs
full-time equivalent employees.
Sec. 29. Minnesota Statutes 2008, section 116O.115, subdivision 4, is amended to read:
Subd. 4. Fund awards; use of funds.
(a) The corporation shall establish
procedures for determining which applicants for assistance under the small business
growth acceleration program will receive program funding. Funding shall be awarded
only to accelerate a qualified company's adoption of needed technology or business
improvements when the corporation concludes that it is unlikely the improvements could
be accomplished in any other way.
(b) The maximum amount of funds awarded to a qualified company under the small
business growth acceleration program for a particular project must not exceed
percent of the total cost of a project and must not under any circumstances exceed $25,000
during a calendar year. The corporation shall not award to a qualified company small
business growth acceleration program funds in excess of $50,000 per year.
(c) Any funds awarded to a qualified company under the small business growth
acceleration program must be used for business services and products that will enhance the
operation of the company. These business services and products must come either directly
from the corporation or from a network of expert providers identified and approved by
the corporation. No company receiving small business growth acceleration program
funds may use the funds for refinancing, overhead costs, new construction, renovation,
equipment, or computer hardware.
(d) Any funds awarded must be disbursed to the qualified company as reimbursement
documented according to requirements of the corporation.
51.6(e) Receipt of funds from an award under this section is contingent upon a
51.7contribution of funds by the qualified company to the project, as follows:
51.8(1) a company with under 50 employees must contribute one dollar for every three
51.9dollars of program assistance awarded;
51.10(2) a company with 50 to 100 employees must contribute one dollar for every one
51.11dollar of program assistance awarded; and
51.12(3) a company with 101 to 250 employees must contribute three dollars for every
51.13one dollar of program assistance awarded.
Sec. 30. 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
Job Training Partnership Act Workforce Investment Act of 1998,
51.18Public Law 105-220
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
Sec. 31. 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
(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
Job Training Partnership Act, United States
52.28 Code, title 29, section 1501, et seq. Workforce Investment Act of 1998, Public Law
(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
(13) providing educational technology, including interactive television networks
and other distance learning methods, to ensure access to a broad variety of work-based
(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
, 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. 32. 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
. The commissioner
of transportation and director of
the Office of Explore Minnesota
Tourism may enter into
an interagency agreement to define the distribution of the revenues generated in this
subdivision and subdivisions 2a and 3a.
Sec. 33. Minnesota Statutes 2008, section 241.27, subdivision 1, is amended to read:
Subdivision 1. Establishment of Minnesota correctional industries; MINNCOR
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
Security and Economic Development
, 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. 34. 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
State Library for
54.25 the Blind and Physically Handicapped Minnesota Braille and Talking Book Library
Code of Federal Regulations, title 36, section 701.10, subsection (b).
Sec. 35. Minnesota Statutes 2008, section 248.07, subdivision 7, is amended to read:
Subd. 7. Blind, vending stands and machines on governmental property;
54.29liability limited. (a)
Notwithstanding 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.
The merchandise to be
55.3 dispensed by such
Vending stands and machines authorized under this subdivision
nonalcoholic beverages, food, candies, tobacco, souvenirs, notions and
. Such vending stands and vending machines herein authorized shall and
be 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.
55.14(b) The Department of Employment and Economic Development is not liable
55.15under chapter 176 for any injury sustained by a blind vendor's employee or agent. The
55.16Department of Employment and Economic Development, its officers, and its agents are
55.17not liable for the acts or omissions of a blind vendor or of a blind vendor's employee or
55.18agent that may result in the blind vendor's liability to third parties. The Department of
55.19Employment and Economic Development, its officers, and its agents are not liable for
55.20negligence based on any theory of liability for claims arising from the relationship created
55.21under this subdivision with the blind vendor.
Sec. 36. Minnesota Statutes 2008, section 248.07, subdivision 8, is amended to read:
Subd. 8. Use of revolving fund, licenses for operation of vending
The 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
grants vending machine income
due to the operation
55.29vending stands operated under this subdivision
shall 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.
Authority is hereby given to (b)
The commissioner is authorized
to 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
(3) reimbursement under section
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
(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.
Money 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.
All 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.
The 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. 37. 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
, 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
(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.
(f) The service agreement in this subdivision supersedes the plan requirements
57.30 of section
Sec. 38. 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
Job Training Partnership
58.6 Act Workforce Investment Act of 1998, Public Law 105-220
, in and of itself, does not
qualify as an on-the-job training program under this section.
(c) Employers must compensate
participants in on-the-job training
58.9 compensated by the employer
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. 39. 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
be on forms prescribed by the commissioner.
Each applicant shall
58.17 annually submit to the commissioner its plan and budget for the next fiscal year. No An
shall be is not
eligible for a grant
hereunder under this section
58.19 and budget audited financial statements of the prior fiscal year
have been approved by
Sec. 40. Minnesota Statutes 2008, section 469.169, subdivision 3, is amended to read:
Subd. 3. Evaluation of applications. (a)
The 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.
By 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
59.16 Training Partnership Act of 1982, Volume 96, Statutes at Large, page 1322 Workforce
59.17Investment Act of 1998, Public Law 105-220
(7) the funds available pursuant to subdivision 7; and
(8) other relevant factors that the commissioner specifies in the commissioner's
The 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. 41. ECONOMIC DEVELOPMENT STRATEGY WORKING GROUP.
59.25(a) An 18-member bipartisan working group to develop an economic development
59.26strategy to guide job and business growth in Minnesota and to strengthen the state's
59.27economy is established. The working group consists of six members of the house of
59.28representatives and three members of the public appointed by the speaker of the house and
59.29six members of the senate and three members of the public appointed by the subcommittees
59.30on committees of the senate. The working group is responsible to review and analyze
59.31Minnesota's current economic development strategy and make recommendations on
59.32improvements according to this section. The Legislative Coordinating Commission under
59.33Minnesota Statutes, section 3.303, must provide staff support for the working group.
59.34(b) The working group must conduct an academic and practitioner led effort to:
60.1(1) perform best practices research on economic development principles to apply
60.3(2) assess Minnesota's current economic development strategies, including tax
60.4incentives and appropriation funded programs and grants to determine how well these
60.5strategies are working and how they compare to best practices;
60.6(3) develop a comprehensive strategy to move Minnesota's economy forward;
60.7(4) develop a set of benchmarks to measure Minnesota's investments in economic
60.8development strategies; and
60.9(5) recommend the best structure to govern and lead Minnesota's economic
60.11(c) Appointments to the working group shall be made by June 1, 2009, and the
60.12first meeting shall be convened no later than July 1, 2009. The task force shall elect
60.13a chair from among its members at the first meeting. The working group may contract
60.14for research studies and assistance necessary to fulfill its responsibilities. The working
60.15group must report to the committees of the legislature with responsibility for economic
60.16development by February 15, 2010.
Sec. 42. APPROPRIATION; GREEN ENTERPRISE ASSISTANCE.
60.18The remaining balance of the fiscal year 2009 special revenue fund appropriation for
60.19the Green Jobs Task Force under Laws 2008, chapter 363, article 6, section 3, subdivision
60.204, is transferred and appropriated to the commissioner of employment and economic
60.21development for the purposes of green enterprise assistance under Minnesota Statutes,
60.22section 116J.438. This appropriation is available until spent.
Sec. 43. REVISOR'S INSTRUCTION.
60.24The revisor of statutes shall renumber Minnesota Statutes, section 116J.58,
60.25subdivision 2, as Minnesota Statutes, section 116J.035, subdivision 1a, and shall revise
60.26statutory cross-references consistent with that renumbering.
Sec. 44. REPEALER.
60.28Minnesota Statutes 2008, sections 116J.402; 116J.413; 116J.431, subdivision 5;
60.29116J.58, subdivision 1; 116J.59; 116J.61; 116J.656; 116L.16; 116L.88; and 116U.65, are
60.31EFFECTIVE DATE.This section is effective the day following final enactment.
61.2UNEMPLOYMENT 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 unless or
until it qualifies for an experience rating under section
(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.
Upon election, the commissioner shall
61.15 establish a reimbursable account for the state or political subdivision. A termination of
61.16 election is allowed only if the state or political subdivision has, since the beginning of the
61.17 experience rating period under section
268.051, subdivision 3 , paid taxes equal to or more
61.18 than 125 percent of the unemployment benefits used in computing the experience rating. In
61.19 addition, any unemployment benefits paid after the experience rating period are transferred
61.20 to the new reimbursable account of the state or political subdivision. If the amount of taxes
61.21 paid since the beginning of the experience rating period exceeds 125 percent of the amount
61.22 of unemployment benefits paid during the experience rating period, that amount in excess
61.23 is applied against any unemployment benefits paid after the experience rating period.
(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
unless it elects to make reimbursements to the trust fund the amount of
unemployment benefits charged to its reimbursable account under section
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
62.10268.051, subdivision 5
, for the calendar year of the termination of election and unless or
until 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.
Upon election, the commissioner shall establish a reimbursable
62.15 account for the nonprofit organization. An election is allowed only if the nonprofit
62.16 organization has, since the beginning of the experience rating period under section
62.17 268.051, subdivision 3 , paid taxes equal to or more than 125 percent of the unemployment
62.18 benefits used in computing the experience rating. In addition, any unemployment benefits
62.19 paid after the experience rating period are transferred to the new reimbursable account
62.20 of the nonprofit organization. If the amount of taxes paid since the beginning of the
62.21 experience rating period exceeds 125 percent of the amount of unemployment benefits
62.22 paid during the experience rating period, that amount in excess is applied against any
62.23 unemployment benefits paid after the experience rating period.
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:
62.30268.066 CANCELLATION OF AMOUNTS DUE FROM AN EMPLOYER.
(a) The commissioner
cancel as uncollectible any amounts due from
an employer under this chapter or section
, 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
(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
that (1) are uncollectible due to death or bankruptcy, or
(2) the Collection Division of the
Department of Revenue under section
was unable to collect
, or (3).
The commissioner may cancel at any time any interest, penalties, or fees due
63.6from an employer, or any portions due, if the commissioner
determines that it is not in
the public interest to pursue collection of the amount due. This paragraph does not apply
63.8to unemployment insurance taxes or reimbursements due.
Sec. 4. Minnesota Statutes 2008, section 268.067, is amended to read:
(a) The commissioner may compromise in whole or in part any action, determination,
or decision that affects only an employer and not an applicant
, and that has occurred
63.13 during the prior 24 months
. This paragraph
may apply applies
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
63.17insurance tax or reimbursement
due from an employer under this chapter or section
(c) Any compromise involving an amount over
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.
(d) Any compromise must be in the best interest of the state of Minnesota.
Sec. 5. Minnesota Statutes 2008, section 268.069, subdivision 2, is amended to read:
Subd. 2. Unemployment benefits paid from state funds.
are paid from state funds and are not considered paid from any special insurance plan,
nor as paid by an employer. An application for unemployment benefits is not considered
a claim against an employer but is considered a request for unemployment benefits
from the trust fund. The commissioner has the responsibility for the proper payment of
unemployment benefits regardless of the level of interest or participation by an applicant or
an employer in any determination or appeal. An applicant's entitlement to unemployment
benefits must be determined based upon that information available
without regard to any
63.32 burden of proof,
and any agreement between an applicant and an employer is not binding
on the commissioner in determining an applicant's entitlement.
There is no presumption of
63.34 entitlement or nonentitlement to unemployment benefits.
Sec. 6. 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
Upon specific request of an applicant,
An application for unemployment benefits
may be backdated one calendar week before the Sunday of the week the application was
actually filed if the applicant requests the backdating at the time the application is filed
An application may be backdated only if the applicant
was unemployed throughout had
64.8no employment during
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) the applicant has not been paid any unemployment benefits on that benefit
a new application for unemployment benefits is filed and a new benefit account is
established at the time of the withdrawal
64.19 (2) the applicant has not served the nonpayable waiting week under section
, clause (5).
A determination or amended determination of eligibility or ineligibility issued
, that was
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
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
, an applicant may establish only one benefit account each 52
Sec. 7. 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
(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
268.035, subdivision 29
, clause (1).
65.14 If the pension, retirement, or annuity payment is paid in a lump sum,
an applicant is
not considered to have received
the lump-sum a
payment if (i)
the applicant immediately
deposits that payment in a qualified pension plan or account, or (ii) that payment is an
65.17early distribution for which the applicant paid an early distribution penalty under the
65.18Internal Revenue Code, United States Code, title 26, section 72(t)(1)
(b) This subdivision applies to all the weeks of payment. Payments under paragraph
clauses (1) and (2) clause (1)
, 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.
If the computation
65.28 of reduced unemployment benefits is not a whole dollar, it is rounded down to the next
65.29 lower whole dollar.
Sec. 8. 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 within 24
65.32months of the establishment of the benefit account
with respect to any week occurring
in the 104 weeks before the payment of the back pay during the benefit year
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
Sec. 9. 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
66.20 the labor market area
. 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.
(e) An applicant must have transportation throughout the labor market area to be
66.34 considered "available for suitable employment."
Sec. 10. 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:
(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
(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
able to work available for
268.085, subdivision 1
, that the commissioner
(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
availability being available
suitable employment under section
268.085, subdivision 1
, that the commissioner
(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
(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 for purposes of this clause is defined under section
Sec. 11. 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,
(2) refuses without good cause
an additional suitable job assignment offered, or (3) accepts employment with the client
68.35of the staffing service,
is considered to have quit employment with the staffing service.
69.1Accepting employment with the client of the staffing service meets the requirements of the
69.2exception to ineligibility under subdivision 1, clause (2)
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. 12. Minnesota Statutes 2008, section 268.103, is amended by adding a subdivision
69.16 Subd. 2a. Employer-agent appeals filed online. (a) If an agent files an appeal on
69.17behalf of an employer, the appeal must be filed online. The appeal must be filed through
69.18the electronic address provided on the determination being appealed. Use of another
69.19method of filing does not constitute an appeal. This paragraph does not apply to an
69.20employee filing an appeal on behalf of an employer.
69.21(b) All information requested when the appeal is filed must be supplied or the
69.22communication does not constitute an appeal.
Sec. 13. Minnesota Statutes 2008, section 268.18, subdivision 4a, is amended to read:
Subd. 4a. Court fees; collection fees.
(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.
69.32(c) If the Internal Revenue Service assesses the commissioner a fee for offsetting
69.33from a federal tax refund the amount of any fraud overpayment, including penalties and
69.34interest, the amount of the fee may be added to the total amount due. The offset amount
70.1must be put in the trust fund and that amount credited to the total amount due from the
Sec. 14. Minnesota Statutes 2008, section 268.186, is amended to read:
70.4268.186 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. An employer that
70.15fails to provide a weekly breakdown of money earned by an applicant upon request of the
70.16commissioner, information necessary for the detection of applicant fraud under section
70.17268.18, subdivision 2, may be assessed an administrative penalty of $100. Any notice
70.18requesting a weekly breakdown must clearly state that a $100 penalty may be assessed for
70.19failure to provide the information.
The penalty collected is credited to the
70.20 account to be used by the commissioner to ensure integrity in the administration of the
70.21 unemployment insurance program trust fund
(c) The commissioner may make summaries, compilations, photographs,
duplications, or reproductions of any records, or reports that the commissioner considers
advisable for the preservation of the information contained therein. Any summaries,
compilations, photographs, duplications, or reproductions is admissible in any proceeding
under this chapter. The commissioner may duplicate records, reports, summaries,
compilations, instructions, determinations, or any other written or recorded matter
pertaining to the administration of this chapter.
(d) Regardless of any law to the contrary, the commissioner may provide for the
destruction of any records, reports, or reproductions, or other papers that are no longer
necessary for the administration of this chapter, including any required audit. In addition,
the commissioner may provide for the destruction or disposition of any record, report,
or other paper from which the information has been electronically captured and stored,
or that has been photographed, duplicated, or reproduced.
Sec. 15. ENTREPRENEURSHIP FOR DISLOCATED WORKERS.
71.2 Subdivision 1. Authorization. Minnesota has been awarded a federal grant by the
71.3United States Department of Labor under the Project GATE (Growing America Through
71.4Entrepreneurship) program to assist certain dislocated workers in starting a business.
71.5Providing unemployment benefits while the dislocated worker is receiving services such
71.6as entrepreneurial training, business counseling, and technical assistance will assist in the
71.7success of this pilot project. In order to provide unemployment benefits, the commissioner
71.8of employment and economic development is authorized to waive the availability for
71.9suitable employment requirements of Minnesota Statutes, section 268.085, subdivision 1,
71.10as well as the earnings deductibility provisions of Minnesota Statutes, section 268.085,
71.11subdivision 5, for individuals enrolled in this pilot project.
71.12 Subd. 2. Limitations. A maximum of 500 applicants for unemployment benefits are
71.13authorized to receive a waiver.
71.14 Subd. 3. Expiration date. The authorization under subdivision 1 expires June
Sec. 16. EFFECTIVE DATE.
71.17Sections 1 to 6, 8 to 11, 13, and 14 are effective August 2, 2009, and apply to all
71.18department determinations and unemployment law judge decisions issued on or after that
71.19date. Section 11 is effective April 1, 2010, and applies to all department determinations
71.20and unemployment law judge decisions issued on or after that date. Section 7 is effective
71.21retroactively from December 1, 2008. Section 15 is effective the day following final
71.24UNEMPLOYMENT INSURANCE TECHNICAL CHANGES
Section 1. Minnesota Statutes 2008, section 268.031, is amended to read:
71.26268.031 STANDARD OF PROOF AND PRESUMPTION OF ELIGIBILITY.
71.27 Subdivision 1. Standard of proof.
All issues of fact under the Minnesota
Unemployment Insurance Law are determined by a preponderance of the evidence.
Preponderance of the evidence means evidence in substantiation of a fact that, when
71.30 weighed against the evidence opposing the fact, is more convincing and has a greater
71.31 probability of truth.
71.32 Subd. 2. Presumption of eligibility. An applicant is presumed to be eligible
71.33for unemployment benefits unless precluded by statute from receiving benefits. In
72.1determining eligibility or ineligibility for benefits, any statutory provision that would
72.2preclude an applicant from receiving benefits must be narrowly construed.
Sec. 2. [268.034] COMPUTATIONS OF MONEY ROUNDED DOWN.
72.4Computations of money required under this chapter that do not result in a whole
72.5dollar are rounded down to the next lower whole dollar, unless specifically provided
72.6otherwise by law.
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
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
Sec. 4. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision
73.9 Subd. 9a. Construction; independent contractor. For purposes of this chapter,
73.10section 181.723 determines whether a worker is an independent contractor or an employee
73.11when performing public or private sector commercial or residential building construction
73.12or improvement services.
Sec. 5. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision
73.15 Subd. 12c. Determination. "Determination" means a document sent to an applicant
73.16or employer by mail or electronic transmission that is an initial department ruling on a
73.17specific issue. All documents that are determinations under this chapter use that term in
73.18the title of the document and are appealable to an unemployment law judge under section
73.19268.105, subdivision 1.
Sec. 6. Minnesota Statutes 2008, section 268.035, subdivision 17, is amended to read:
Subd. 17. Filing; filed.
"Filing" or "filed" means the personal
73.22 document an application, appeal, or other required action
to the commissioner or any of
the commissioner's agents, or
the depositing of the document if done by mail, deposited
in the United States mail properly addressed to the department with postage prepaid, in
the document it
is considered filed on the day indicated by the cancellation
mark of the United States Postal Service.
, where allowed,
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
74.1 Subd. 20a. Preponderance of the evidence. "Preponderance of the evidence"
74.2means evidence in substantiation of a fact that, when weighed against the evidence
74.3opposing the fact, is more convincing and has a greater probability of truth.
Sec. 8. Minnesota Statutes 2008, section 268.042, subdivision 3, is amended to read:
Subd. 3. Election to have noncovered employment considered covered
(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
74.9employees in that class of
employment, 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:
74.23268.043 DETERMINATIONS OF COVERAGE.
(a) The commissioner, upon the commissioner's own motion or upon application
of a person,
determine if that person is an employer or whether services
performed for it constitute employment and covered employment, or whether
constitutes wages, and notify the person of the determination.
The determination is final unless the person
, files an appeal
within 20 calendar days
sending of the determination the commissioner sends the determination
or electronic transmission
, files an appeal
. Proceedings on the appeal are conducted in
accordance with section
(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
if 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
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
compromised canceled, in whole or
where good cause for late submission is found by
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.
In making computations under this subdivision, the amount of wage credits, if not a
76.2 whole dollar, must be computed to the nearest whole dollar.
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
. This exception applies
only to unemployment benefits paid for periods after the applicant's discharge from
(2) an applicant's discharge from that employment occurred because a law required
removal of the applicant from the position the applicant held;
(3) the employer is in the tourist or recreation industry and is in active operation of
76.15 business less than 15 calendar weeks each year and the applicant's wage credits from the
76.16 employer are less than 600 times the applicable state or federal minimum wage;
76.17 (4) (3)
the 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;
the 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;
the 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;
the 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
the 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;
the unemployment benefits were determined overpaid unemployment benefits
the 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
the trust fund was reimbursed for the unemployment benefits by the
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
(2) the state of Minnesota and political subdivisions that make reimbursements,
unless they elect to pay taxes as provided in section
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
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.
The tax amount computed, if not a whole dollar, is rounded down to the next
77.32 lower whole dollar.
If for any reason the wages on the wage detail report under section
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.
(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.
(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
assign 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
, if the successor's
experience rating assigned tax rate under subdivision 2
was lower than the predecessor's
experience rating assigned tax rate
at 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,
if an employer is a successor within the meaning of this subdivision. The commissioner
, after determining the issue of succession or nonsuccession, recompute the tax
rate under subdivision 6 of all employers affected. The commissioner
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
(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. (a)
person employer, and any applicant subject to section
79.28268.18, subdivision 2,
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.
If 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.
Costs and fees collected under this subdivision are credited to the administration
to be used by the commissioner to ensure integrity in the administration of the
80.3 unemployment insurance program
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
, except late fees under section
, 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.
Interest assessed, if not a whole dollar amount,
80.9 is rounded down to the next lower whole dollar.
Interest collected is credited to the
Interest may be compromised under section
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
, of $500 or more. A licensing authority that has received
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.
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
(2) the applicant has not been held ineligible for unemployment benefits under
because of a quit or discharge;
(3) the applicant has met all of the ongoing eligibility requirements under
(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
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
(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
examine 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
is known as the, which is a
81.13document separate and distinct from a document titled a determination of eligibility or
81.14determination of ineligibility issued under section 268.101, must be titled
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
, 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 of benefit account
must be promptly sent
to the applicant and all base period employers, by mail or electronic transmission.
81.26This subdivision does not apply to documents titled determinations of eligibility or
81.27determinations of ineligibility issued under section 268.101.
(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
81.34268.18, 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
82.2amount 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.
The state's maximum weekly unemployment benefit amount and an applicant's
82.16 weekly unemployment benefit amount and maximum amount of unemployment benefits
82.17 available is rounded down to the next lower whole dollar.
The state's maximum weekly
benefit amount, computed in accordance with section
268.035, subdivision 23
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
have sufficient wage credits to establish a benefit account under meet the
subdivision 2 and must have performed services in covered employment
after the effective date of the prior benefit account. The wages paid for
equal not less than be at least
eight times the weekly unemployment
benefit amount of the prior benefit account. Part of
purpose of reason for
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:
83.2268.084 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
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
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
an active benefit account and has
filed a continued request for
unemployment benefits for that week under section
(2) the week for which unemployment benefits are requested is in the applicant's
(3) the applicant was unemployed as defined in section
268.035, subdivision 26
(4) the applicant was
able to work and was
available for suitable employment
83.22 was actively seeking suitable employment as defined in subdivision 15
. The applicant's
weekly unemployment benefit amount is reduced one-fifth for each day the applicant
unable to work or is
unavailable for suitable employment.
If the computation of the
83.25 reduced unemployment benefits is not a whole dollar, it is rounded down to the next lower
83.26 whole dollar.
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) the applicant was actively seeking suitable employment as defined in subdivision
83.2916. This clause does not apply to an applicant who is in reemployment assistance training
83.30or who was on jury duty throughout the week;
the 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
the 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
(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
(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
court ordered court-ordered
community service. The applicant's weekly unemployment benefit amount is reduced
by one-fifth for each day the applicant is incarcerated or performing
. If the computation of the reduced unemployment
84.18 benefits is not a whole dollar, it is rounded down to the next lower whole dollar
(5) that the applicant fails or refuses to provide information on an issue of
ineligibility required under section
(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.
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
able to work available for
, as required under subdivision 1, clause
, is determined under
. 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.
If the effective date of the applicant's Social Security claim for old age benefits is,
85.19 or will be, after the start of the base period, there must be deducted from an applicant's
85.20 weekly unemployment benefit amount Unless paragraph (b) applies,
50 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 week must be deducted
85.23from an applicant's weekly unemployment benefit amount
the effective date all
of the applicant's wage credits were earned while the
85.25applicant was claiming
old age benefits
is before the start of the
85.26 base period
, there is no deduction from the applicant's weekly unemployment benefit
amount. The purpose of this paragraph is to ensure that an applicant who is claiming
85.28Social Security benefits has demonstrated a desire and ability to work.
An 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
unable to work and
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
(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
able to work and
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.
Information from the Social Security Administration is considered conclusive,
absent specific evidence showing that the information was erroneous.
(d) If the computation of the reduced unemployment benefits is not a whole dollar, it
86.16 is rounded down to the next lower whole dollar.
(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.
The resulting unemployment benefit, if not a whole dollar, is rounded down to the
86.29 next lower whole dollar.
(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
268.035, subdivision 29
, and any other compensation considered earned income
under state and federal law for income tax purposes.
Sec. 28. [268.0865] CONTINUED REQUEST FOR UNEMPLOYMENT
87.9 Subdivision 1. Continued request for unemployment benefits defined. A
87.10continued request for unemployment benefits is a certification by an applicant, done
87.11on a weekly basis, that the applicant is unemployed and meets the ongoing eligibility
87.12requirements for unemployment benefits under section
268.085. A continued request
87.13must include information on possible issues of ineligibility in accordance with section
87.14268.101, subdivision 1, paragraph (c).
87.15 Subd. 2. Filing continued requests for unemployment benefits. (a) The
87.16commissioner must designate to each applicant one of the following methods for filing a
87.18 (1) by electronic transmission under subdivision 3; or
87.19 (2) by mail under subdivision 4.
87.20 (b) The method designated by the commissioner is the only method allowed for
87.21filing a continued request by that applicant. An applicant may ask that the other allowed
87.22method be designated and the commissioner must consider inconvenience to the applicant
87.23as well as administrative capacity in determining whether to allow an applicant to change
87.24the designated method for filing a continued request for unemployment benefits.
87.25 Subd. 3. Continued request for unemployment benefits by electronic
87.26transmission. (a) A continued request for unemployment benefits by electronic
87.27transmission must be filed to that electronic mail address, telephone number, or Internet
87.28address prescribed by the commissioner for that applicant. In order to constitute a
87.29continued request, all information asked for, including information authenticating that the
87.30applicant is sending the transmission, must be provided in the format required. If all of the
87.31information asked for is not provided, the communication does not constitute a continued
87.32request for unemployment benefits.
87.33 (b) The electronic transmission communication must be filed on the date and during
87.34the time of day designated for the applicant for filing a continued request by electronic
88.1 (c) If the electronic transmission continued request is not filed on the date and
88.2during the time of day designated, a continued request by electronic transmission must be
88.3accepted if the applicant files the continued request by electronic transmission within two
88.4calendar weeks following the week in which the date designated occurred. If the continued
88.5request by electronic transmission is not filed within two calendar weeks following the
88.6week in which the date designated occurred, the electronic continued request will not be
88.7accepted and the applicant is ineligible for unemployment benefits for the period covered
88.8by the continued request, unless the applicant shows good cause for failing to file the
88.9continued request by electronic transmission within the time period required.
88.10 Subd. 4. Continued request for unemployment benefits by mail. (a) A
88.11continued request for unemployment benefits by mail must be on a form prescribed by
88.12the commissioner. The form, in order to constitute a continued request, must be totally
88.13completed and signed by the applicant. The form must be filed on the date required for
88.14the applicant for filing a continued request by mail, in an envelope with postage prepaid,
88.15and sent to the address designated.
88.16 (b) If the mail continued request for unemployment benefits is not filed on the date
88.17designated, a continued request must be accepted if the form is filed by mail within two
88.18calendar weeks following the week in which the date designated occurred. If the form
88.19is not filed within two calendar weeks following the week in which the date designated
88.20occurred, the form will not be accepted and the applicant is ineligible for unemployment
88.21benefits for the period covered by the continued request for unemployment benefits,
88.22unless the applicant shows good cause for failing to file the form by mail within the time
88.24 (c) If the applicant has been designated to file a continued request for unemployment
88.25benefits by mail, an applicant may submit the form by facsimile transmission on the day
88.26otherwise required for mailing, or within two calendar weeks following the week in which
88.27the date designated occurred. A form submitted by facsimile transmission must be sent
88.28only to the telephone number assigned for that purpose.
88.29 (d) An applicant who has been designated to file a continued request by mail may
88.30personally deliver a continued request form only to the location to which the form was
88.31otherwise designated to be mailed.
88.32 Subd. 5. Good cause defined. (a) "Good cause" for purposes of this section is a
88.33compelling substantial reason that would have prevented a reasonable person acting with
88.34due diligence from filing a continued request for unemployment benefits within the time
89.1 (b) "Good cause" does not include forgetfulness, loss of the continued request form
89.2if filing by mail, having returned to work, having an appeal pending, or inability to file a
89.3continued request for unemployment benefits by the method designated if the applicant
89.4was aware of the inability and did not make diligent effort to have the method of filing a
89.5continued request changed by the commissioner. "Good cause" does not include having
89.6previously made an attempt to file a continued request for unemployment benefits but
89.7where the communication was not considered a continued request because the applicant
89.8failed to submit all required information.
Sec. 29. 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
(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
canceled and cannot be used for purposes of a benefit account under section 268.07,
Sec. 30. Minnesota Statutes 2008, section 268.095, subdivision 11, is amended to read:
Subd. 11. Application.
(a) This section and
268.085, subdivision 13c
and this section
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 year
, except as provided for in subdivision 1, clause (5)
(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. 31. 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
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
(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,
within ten calendar days after sending of the notice,
as provided for under subdivision 2,
paragraph (b), may have on the employer under section
(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
. 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
(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
, 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. 32. Minnesota Statutes 2008, section 268.101, subdivision 2, is amended to read:
Subd. 2. Determination.
(a) The commissioner
determine 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 document titled a
determination 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
. 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
determine any issue of ineligibility raised by an
employer and send to the applicant and that employer, by mail or electronic transmission,
a document titled a
determination 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
If a base period employer:
(1) was not the applicant's most recent employer before the application for
(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) Subject to section 268.031,
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 source
, without regard to any
92.14 burden of proof
(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
(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 on an applicant
268.18, subdivision 2
(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
(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
. An issue of ineligibility for purposes of this section
includes any question of effect on an employer under section
(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
, only if the employer raised the issue of ineligibility.
Sec. 33. Minnesota Statutes 2008, section 268.103, subdivision 1, is amended to read:
Subdivision 1. In commissioner's discretion. (a)
93.3 the discretion to may
allow 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.
The commissioner may restrict the manner
, and conditions
which an appeal by electronic transmission may be filed.
93.8 hours, a specific
, or other conditions,
clearly set out on the determination or decision subject to appeal.
All information requested by the commissioner when an appeal is filed by
electronic transmission must be supplied or the communication does not constitute an
93.13(d) Subject to subdivision 2, this section applies to requests for reconsideration
93.14under section 268.105, subdivision 2.
Sec. 34. Minnesota Statutes 2008, section 268.105, subdivision 1, is amended to read:
Subdivision 1. Evidentiary hearing by unemployment law judge.
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, and
that a de novo due process evidentiary hearing will be scheduled
, and that the parties
93.20 have certain. The notice must set out the parties'
rights and responsibilities regarding the
hearing. The notice must explain that the facts will be determined by the unemployment
93.22law judge based upon a preponderance of the evidence. The notice must explain in clear
93.23and simple language the meaning of the term "preponderance of the evidence."
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
93.28 regard to any burden of proof
as an evidence gathering inquiry
and not an adversarial
. At the beginning of the hearing the unemployment law judge must fully
93.30explain how the hearing will be conducted, that the applicant has the right to request
93.31that the hearing be rescheduled so that documents or witnesses can be subpoenaed,
93.32that the facts will be determined based on a preponderance of the evidence, and, in
93.33clear and simple language, the meaning of the term "preponderance of the evidence."
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. An affidavit or written statement based on personal knowledge and signed
94.6under penalty of perjury is competent evidence of the facts contained in it; however, the
94.7veracity of statements contained within the document or the credibility of the witness
94.8making the statement may be disputed with other documents or testimony and production
94.9of such documents or testimony may be compelled by subpoena.
(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 the chief unemployment law judge, senior unemployment
94.27law judges who are supervisors, or
unemployment law judges. The commissioner
94.28must designate a chief unemployment law judge. The chief unemployment law judge
may transfer to another unemployment law judge any proceedings pending before an
unemployment law judge.
94.31(f) A full-time unemployment law judge hired after July 1, 2009, must be paid a
94.32salary of 75 percent of the salary set under section 15A.083, subdivision 7, for a workers'
94.33compensation judge. A full-time senior unemployment law judge hired after July 1, 2009,
94.34must be paid a salary of 80 percent of the salary set under section 15A.083, subdivision 7,
94.35for a workers' compensation judge. The chief unemployment law judge must be paid a
95.1salary of 85 percent of the salary set under section 15A.083, subdivision 7, for a workers'
Sec. 35. 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
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
findings of fact and
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
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
findings of fact and
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
findings of fact and
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
as provided for under subdivision 1 or applicable
96.23 rule by the chief unemployment law judge
(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. 36. 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
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, the applicant cannot be held ineligible for
unemployment benefits paid the applicant and it
is not considered an overpayment
of those unemployment benefits under section
268.18, subdivision 1
. The effect of the
97.15court's reversal is the application of section 268.047, subdivision 3, in computing the
97.16future tax rate of the employer.
(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. 37. 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
97.26The unemployment law judge must give full consideration to a request for a
97.27subpoena and must not unreasonably deny a request for a subpoena. If a subpoena request
97.28is initially denied, the unemployment law judge must, on the unemployment law judge's
97.29own motion, reconsider that request during the evidentiary hearing and rule on whether
97.30the request was properly denied. If the request was not properly denied, the evidentiary
97.31hearing must be continued for issuance of the subpoena.
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. 38. Minnesota Statutes 2008, section 268.105, subdivision 5, is amended to read:
Subd. 5. Use of evidence; data privacy.
(a) All testimony at any evidentiary
hearing conducted under subdivision 1 must be recorded. A copy of any recorded
testimony and exhibits offered or received into evidence at the hearing must, upon
request, be furnished to a party at no cost during the time period for filing a request for
reconsideration or while a request for reconsideration is pending.
(b) Regardless of any provision of law to the contrary, if recorded testimony and
exhibits received into evidence at the evidentiary hearing are not requested during the time
period for filing a request for reconsideration,
while a request for reconsideration is
pending, during the time for filing any appeal under subdivision 7, or during the pendency
that testimony and other evidence may later be made available only under a
district court order. A subpoena is not considered a district court order.
(c) Testimony obtained under subdivision 1, may not be used or considered for any
purpose, including impeachment, in any civil, administrative, or contractual proceeding,
except by a local, state, or federal human rights agency with enforcement powers, unless
the proceeding is initiated by the department.
Sec. 39. Minnesota Statutes 2008, section 268.115, subdivision 5, is amended to read:
Subd. 5. Maximum amount of extended unemployment benefits.
amount of extended unemployment benefits available to an applicant is 50 percent of the
maximum amount of regular unemployment benefits available in the benefit year
98.21 down to the next lower whole dollar
. 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
268.07, subdivision 2
, rounded down to the next lower whole dollar
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.
The benefit payment, if not a whole dollar must be
99.5 rounded down to the next lower whole dollar.
(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
(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
(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
deduct ten percent for federal income tax
, rounded down to the next lower
99.26 whole dollar
. If an applicant also elects to have Minnesota state income tax withheld, the
make an additional five percent deduction for state income
, rounded down to the next lower whole dollar
. Any amounts deducted or offset under
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
, or any
other section of this chapter, or (2) because of an appeal decision or order under section
, 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
as delinquent payments
100.12 from an employer allowed under state and federal law
(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.
(d) If under paragraph (b) or (c) the reduced unemployment benefits as a result of
100.20 a 50 percent offset is not a whole dollar amount, it is rounded down to the next lower
100.21 whole dollar.
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
make 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
assess a penalty equal to 40 percent of the amount fraudulently obtained. This
penalty is in addition to penalties under section
(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
(c) If the applicant fails to repay the unemployment benefits, penalty, and interest
assessed, the total due may be collected by the
as delinquent payments
101.3 from an employer allowed under state and federal law
. 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
for deterring, detecting, or collecting overpayments
(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
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 program, any federal unemployment insurance program, or
101.26assistance provided to any other state to administer that state's unemployment insurance
(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) any money credited to this account under this chapter;
any amounts received for losses sustained by this account or by reason of
damage to equipment or supplies; and
any 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.
(c) All money in this account must be spent for the purposes and in the amounts
102.9 found necessary by the United States Secretary of Labor for the proper and efficient
102.10 administration of the Minnesota unemployment insurance program.
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
or the Wagner-Peyser
is found by the United States Secretary of Labor to have been spent for purposes
, or in amounts in excess of, those necessary
for the proper administration of the
Minnesota unemployment insurance program,
the commissioner may replace the money
102.17 from the contingent account. If the money is not replaced from the contingent account,
102.18 it is the policy of this state that the money be replaced by money appropriated for that
102.19 purpose from the general funds of this state. If not replaced from the contingent account,
, 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:
102.23268.199 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
all money appropriated by the legislature,
all money collected under
this chapter that is required to be placed in this account
and any interest earned on the
account. All money in this
account is supplemental to all federal money available to the
102.29 commissioner. Money in this
account is appropriated
to the commissioner
to the commissioner
for administration of the Minnesota unemployment insurance
program unless otherwise appropriated by session law
(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.
On June 30 of each year, all amounts in
103.2 excess of $300,000 in this account must be paid over to the trust fund.
Sec. 48. Minnesota Statutes 2008, section 268.211, is amended to read:
103.4268.211 UNEMPLOYMENT INSURANCE BENEFITS TELEPHONE
The commissioner must ensure that
the any automated
telephone 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 unemployment
benefits or on
the status of a
claim benefit account
must have the option to speak on the telephone to a
specialist who can provide direct assistance or can direct the caller to the
or office that is able to respond to the caller's needs.
Sec. 49. REVISOR'S INSTRUCTION.
103.14In Minnesota Statutes, chapter 268, the revisor shall change "shall" to "must," except
103.15in Minnesota Statutes, sections 268.035 and 268.103.
Sec. 50. REPEALER.
103.17Minnesota Statutes 2008, sections 268.085, subdivision 14; and 268.086,
103.18subdivisions 1, 2, 3, 5, 6, 7, 8, and 9, are repealed.
Sec. 51. EFFECTIVE DATE.
103.20Sections 1 to 49 are effective August 2, 2009, and apply to all department
103.21determinations and unemployment law judge decisions issued on or after that date.
103.23LABOR STANDARDS AND WAGES
Section 1. Minnesota Statutes 2008, section 177.30, is amended to read:
103.25177.30 KEEPING RECORDS; PENALTY.
(a) Every employer subject to sections
must make and keep a
(1) the name, address, and occupation of each employee;
(2) the rate of pay, and the amount paid each pay period to each employee;
(3) the hours worked each day and each workweek by the employee;
(4) for each employer subject to sections
, and while performing
work on public works projects funded in whole or in part with state funds, the employer
104.3shall furnish under oath signed by an owner or officer of an employer to the contracting
104.4authority and the project owner every two weeks, a certified payroll report with respect
104.5to the wages and benefits paid each employee during the preceding weeks specifying for
104.6each employee: name; identifying number;
prevailing wage master job classification
of each employee working on the project for each hour; hours
worked each day; total
104.8hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net
104.9pay for week; dollars contributed per hour for each benefit, including name and address
104.10of administrator; benefit account number; and telephone number for health and welfare,
104.11vacation or holiday, apprenticeship training, pension, and other benefit programs
(5) other information the commissioner finds necessary and appropriate to enforce
. The records must be kept for three years in or near the
premises where an employee works except each employer subject to sections
, and while performing work on public works projects funded in whole or in part
with state funds, the records must be kept for three years after the contracting authority
has made final payment on the public works project.
(b) The commissioner may fine an employer up to $1,000 for each failure to
maintain records as required by this section. This penalty is in addition to any penalties
provided under section
177.32, subdivision 1
. In determining the amount of a civil penalty
under this subdivision, the appropriateness of such penalty to the size of the employer's
business and the gravity of the violation shall be considered.
Sec. 2. Minnesota Statutes 2008, section 177.31, is amended to read:
104.24177.31 POSTING OF LAW AND RULES; PENALTY.
Every employer subject to sections
must obtain and keep
a summary of those sections, approved by the department, and copies of any applicable
rules adopted under those sections, or a summary of the rules. The employer must post the
summaries in a conspicuous and accessible place in or about the premises in which any
person covered by sections
is employed. The department shall
furnish copies of the summaries and rules to employers without charge.
The commissioner may fine an employer up to $200 for each failure to comply with
this section. This penalty is in addition to any penalties provided by section
Sec. 3. Minnesota Statutes 2008, section 177.32, is amended to read:
Subdivision 1. Misdemeanors.
An employer who does any of the following is
guilty of a misdemeanor:
(1) hinders or delays the commissioner in the performance of duties required under
(2) refuses to admit the commissioner to the place of business or employment of the
employer, as required by section
177.27, subdivision 1
(3) repeatedly fails to make, keep, and preserve records as required by section
(4) falsifies any record;
(5) refuses to make any record available, or to furnish a sworn statement of the
record or any other information as required by section
(6) repeatedly fails to post a summary of sections
or a copy
or summary of the applicable rules as required by section
(7) pays or agrees to pay wages at a rate less than the rate required under sections
(8) refuses to allow adequate time from work as required by section
(9) otherwise violates any provision of sections
Subd. 2. Fine.
An employer shall be fined not less than $700 nor more than $3,000
if convicted of discharging or otherwise discriminating against any employee because:
(1) the employee has complained to the employer or to the department that wages
have not been paid in accordance with sections
(2) the employee has instituted or will institute a proceeding under or related to
(3) the employee has testified or will testify in any proceeding.
Sec. 4. Minnesota Statutes 2008, section 177.42, subdivision 6, is amended to read:
Subd. 6. Prevailing wage rate.
"Prevailing wage rate" means the hourly basic rate
of pay plus the contribution
for health and welfare benefits, vacation benefits, pension
105.30 benefits, and any other economic benefit
paid to or for
the largest number of workers
engaged in the same class of labor within the area
and for medical or hospital care,
105.32pensions on retirement or death, compensation for injuries or illness resulting from
105.33occupational activity, or insurance to provide any of the foregoing, for unemployment
105.34benefits, life insurance, disability and sickness insurance, or accident insurance, for
105.35vacation and holiday pay, for defraying the costs of apprenticeship or other similar
106.1programs, or for other bona fide fringe benefits, but only where the contractor or
106.2subcontractor is not required by other federal, state, or local law to provide any of those
106.3benefits, the amount of:
106.4(1) the rate of contribution irrevocably made by a contractor or subcontractor to a
106.5trustee or to a third person under a fund, plan, or program; and
106.6(2) the rate of costs to the contractor or subcontractor that may be reasonably
106.7anticipated in providing benefits to laborers and mechanics pursuant to an enforceable
106.8commitment to carry out a financially responsible plan or program which was
106.9communicated in writing to the laborers and mechanics affected.
106.10"Prevailing wage rate"
includes, for the purposes of section
, rental rates for
truck hire paid to those who own and operate the truck.
The prevailing wage rate may not be less than a reasonable and living wage.
Sec. 5. Minnesota Statutes 2008, section 177.42, is amended by adding a subdivision
106.15 Subd. 7. Employer. "Employer" means an individual, partnership, association,
106.16corporation, business trust, or other business entity that hires a laborer, worker, or
Sec. 6. Minnesota Statutes 2008, section 177.43, subdivision 3, is amended to read:
Subd. 3. Contract requirements.
The contract must specifically state the prevailing
wage rates, prevailing hours of labor, and hourly basic rates of pay. The contracting
106.21authority shall incorporate into its proposals and all contracts the applicable wage
106.22determinations for the contract along with contract language provided by the commissioner
106.23of labor and industry to notify the contractor and all subcontractors of the applicability of
106.24sections 177.41 to 177.44. Failure to incorporate the determination or provided contract
106.25language into the contracts shall make the contracting authority liable for making whole
106.26the contractor or subcontractor for any increases in the wages paid, including employment
106.27taxes and reasonable administrative costs based on the appropriate prevailing wage due to
106.28the laborers or mechanics working on the project.
The contract must also provide that
the contracting agency shall demand, and the contractor and subcontractor shall furnish
to the contracting agency, copies of any or all payrolls not more than 14 days after the
end of each pay period. The payrolls must contain all the data required by section
The contracting authority may examine all records relating to wages paid laborers or
mechanics on work to which sections
Sec. 7. Minnesota Statutes 2008, section 177.43, subdivision 6a, is amended to read:
Subd. 6a. Prevailing wage violations. (a) If an employer is found by the
107.3commissioner to have violated this section prior to the issuance of a compliance order
107.4under section 177.27, subdivision 4, the commissioner shall order the employer to cease
107.5and desist from engaging in the violative practice and to take affirmative steps that in
107.6the judgment of the commissioner will effectuate the purposes of the section or rule
107.7violated. The commissioner shall require any employer that has violated this section to
107.8pay the aggrieved parties back pay, less any amount actually paid to the employee by the
107.9employer, and, if the employer has repeatedly violated this section, for an additional equal
107.10amount as liquidated damages. For the purposes of this subdivision, "repeatedly" means
107.11to be found by the commissioner to have violated this section more than once within a
107.12two-year period. An employer who is found by the commissioner to have repeatedly or
107.13willfully violated this section is subject to a civil penalty of up to $1,000 for each violation
107.14for each employee. In determining the amount of a civil penalty under this subdivision,
107.15the appropriateness of the penalty to the size of the employer's business and the gravity of
107.16the violation shall be considered.
Upon issuing a compliance order to an employer pursuant to section
, for violation of sections
, the commissioner shall issue
a withholding order to the contracting authority ordering the contracting authority to
withhold payment of sufficient sum to the prime or general contractor on the project
to satisfy the back wages assessed or otherwise cure the violation, and the contracting
authority must withhold the sum ordered until the compliance order has become a final
order of the commissioner and has been fully paid or otherwise resolved by the employer.
During an investigation of a violation of sections
commissioner reasonably determines is likely to result in the finding of a violation of
and the issuance of a compliance order pursuant to section
107.27177.27, subdivision 4
, the commissioner may notify the contracting authority of the
determination and the amount expected to be assessed and the contracting authority shall
give the commissioner 90 days' prior notice of the date the contracting authority intends to
make final payment.
Sec. 8. [181.305] MINING EQUIPMENT OPERATORS, HOURS.
107.32 Subdivision 1. Required hours. No employer may require an employee to operate
107.33mining equipment or other mobile equipment used in the mining process for more than
107.3416 cumulative hours following eight consecutive hours off duty. "Mining equipment or
108.1other mobile equipment" includes but is not limited to haul trucks, off-road dump trucks,
108.2front-end loaders, graders, or plows. Nothing in this subdivision shall:
108.3(1) prohibit an employee from working longer than 16 cumulative hours on duty
108.4if they so desire; or
108.5(2) supersede the terms of a valid collective bargaining agreement.
108.6 Subd. 2. Penalties. An employer who violates this section is guilty of a
108.7misdemeanor and is liable to an employee for injuries sustained in consequence of the
108.9EFFECTIVE DATE.This section if effective the day following final enactment.
Sec. 9. [181.986] REQUIRED EQUIPMENT AND APPAREL.
108.11 Notwithstanding any other law or rule to the contrary, a public employer is
108.12prohibited from purchasing or acquiring, furnishing, or requiring an employee to purchase
108.13or acquire for wear or use while on duty, any of the following items if the item is not
108.14manufactured in the United States of America:
108.15 (1) any uniform or other item of wearing apparel over which an employee has no
108.16discretion in selecting except for selecting the proper size; or
108.17 (2) safety equipment or protective accessories.
108.18 Preference must be given to purchases from manufacturers who pay an average
108.19annual income, including wages and benefits, equal to at least 150 percent of the federal
108.20poverty guideline adjusted for a family size of four. For purposes of this section, "public
108.21employer" means a county, home rule charter or statutory city, town, school district,
108.22metropolitan or regional agency, public corporation, political subdivision, special district
108.23as defined in section 6.465, subdivision 3, municipal fire department, independent
108.24nonprofit firefighting corporation, the University of Minnesota, the Minnesota State
108.25Colleges and Universities, and the state of Minnesota and its agencies.
108.26EFFECTIVE DATE.This section is effective January 1, 2010.
Section 1. [326B.153] BUILDING PERMIT FEES.
108.30 Subdivision 1. Building permits. (a) Fees for building permits submitted as
108.31required in section 326B.106 include:
108.32(1) the fee as set forth in the fee schedule in paragraph (b) or as adopted by a
109.1(2) the surcharge required by section 326B.148.
109.2(b) The total valuation and fee schedule is:
109.3(1) $1 to $500, $29.50;
109.4(2) $501 to $2,000, $28 for the first $500 plus $3.70 for each additional $100 or
109.5fraction thereof, to and including $2,000;
109.6(3) $2,001 to $25,000, $83.50 for the first $2,000 plus $16.55 for each additional
109.7$1,000 or fraction thereof, to and including $25,000;
109.8(4) $25,001 to $50,000, $464.15 for the first $25,000 plus $12 for each additional
109.9$1,000 or fraction thereof, to and including $50,000;
109.10(5) $50,001 to $100,000, $764.15 for the first $50,000 plus $8.45 for each additional
109.11$1,000 or fraction thereof, to and including $100,000;
109.12(6) $100,001 to $500,000, $1,186.65 for the first $100,000 plus $6.75 for each
109.13additional $1,000 or fraction thereof, to and including $500,000;
109.14(7) $500,001 to $1,000,000, $3,886.65 for the first $500,000 plus $5.50 for each
109.15additional $1,000 or fraction thereof, to and including $1,000,000; and
109.16(8) $1,000,001 and up, $6,636.65 for the first $1,000,000 plus $4.50 for each
109.17additional $1,000 or fraction thereof.
109.18(c) Other inspections and fees are:
109.19(1) inspections outside of normal business hours (minimum charge two hours),
109.20$63.25 per hour;
109.21(2) reinspection fees, $63.25 per hour;
109.22(3) inspections for which no fee is specifically indicated (minimum charge one-half
109.23hour), $63.25 per hour; and
109.24(4) additional plan review required by changes, additions, or revisions to approved
109.25plans (minimum charge one-half hour), $63.25 per hour.
109.26(d) If the actual hourly cost to the jurisdiction under paragraph (c) is greater than
109.27$63.25, then the greater rate shall be paid. Hourly cost includes supervision, overhead,
109.28equipment, hourly wages, and fringe benefits of the employees involved.
109.29 Subd. 2. Plan review. Fees for the review of building plans, specifications, and
109.30related documents submitted as required by section 326B.106 must be paid based on 65
109.31percent of the building permit fee required in subpart 1.
109.32 Subd. 3. Surcharge. Surcharge fees are required for permits issued on all buildings
109.33including public buildings and state-licensed facilities as required by section 326B.148.
109.34 Subd. 4. Distribution. (a) This subdivision establishes the fee distribution between
109.35the state and municipalities contracting for plan review and inspection of public buildings
109.36and state-licensed facilities.
110.1(b) If plan review and inspection services are provided by the state building official,
110.2all fees for those services must be remitted to the state.
110.3(c) If plan review services are provided by the state building official and inspection
110.4services are provided by a contracting municipality:
110.5(1) the state shall charge 75 percent of the plan review fee required by the state's fee
110.6schedule in this part; and
110.7(2) the municipality shall charge 25 percent of the plan review fee required by the
110.8municipality's adopted fee schedule, for orientation to the plans, in addition to the permit
110.9and other customary fees charged by the municipality.
110.10(d) If plan review and inspection services are provided by the contracting
110.11municipality, all fees for those services must be remitted to the municipality according to
110.12their adopted fee schedule.
Sec. 2. Minnesota Statutes 2008, section 326B.33, subdivision 19, is amended to read:
Subd. 19. License, registration, and renewal fees; expiration.
revoked or suspended under this chapter, all licenses issued or renewed under this section
expire on the date specified in this subdivision. Master licenses expire March 1 of each
odd-numbered year after issuance or renewal. Electrical contractor licenses expire March
1 of each even-numbered year after issuance or renewal. Technology system contractor
licenses expire August 1 of each even-numbered year after issuance or renewal. All
other personal licenses expire two years from the date of original issuance and every two
years thereafter. Registrations of unlicensed individuals expire one year from the date of
original issuance and every year thereafter.
(b) Fees for application and examination, and for the original issuance and each
subsequent renewal, are:
(1) For each personal license application and examination: $35;
(2) For original issuance and each subsequent renewal of:
Class A Master or master special electrician, including master elevator constructor:
$40 per year;
Class B Master: $25 per year;
Power Limited Technician: $15 per year;
Class A Journeyman, Class B Journeyman, Installer, Elevator Constructor, Lineman,
or Maintenance Electrician other than master special electrician: $15 per year;
Contractor: $100 per year;
Unlicensed individual registration: $15 per year.
(c) If any new license is issued in accordance with this subdivision for less than two
years, the fee for the license shall be prorated on an annual basis.
(d) A license fee may not be refunded after a license is issued or renewed. However,
if the fee paid for a license was not prorated in accordance with this subdivision, the
amount of the overpayment shall be refunded.
(e) Any contractor who seeks reissuance of a license after it has been revoked or
suspended under this chapter shall submit a reissuance fee of $100 before the license is
(f) The fee for the issuance of each duplicate license is $15.
111.10 (g) (f)
An individual or contractor who fails to renew a license before 30 days after
the expiration or registration of the license must submit a late fee equal to one year's
license fee in addition to the full renewal fee. Fees for renewed licenses or registrations
are not prorated. An individual or contractor that fails to renew a license or registration by
the expiration date is unlicensed until the license or registration is renewed.
Sec. 3. Minnesota Statutes 2008, section 326B.46, subdivision 4, is amended to read:
Subd. 4. Fee. (a)
Each person giving bond to the state under subdivision 2 shall pay
an annual a
bond registration fee of $40 for one year or $80 for two years
111.18(b) The commissioner shall in a manner determined by the commissioner, without
111.19the need for any rulemaking under chapter 14, phase in the bond registration from one year
111.20to two years so that the expiration of bond registration corresponds with the expiration of
111.21the license issued under section 326B.49, subdivision 1, or 326B.475.
Sec. 4. Minnesota Statutes 2008, section 326B.475, subdivision 4, is amended to read:
Subd. 4. Renewal; use period for license. (a)
A restricted master plumber and
restricted journeyman plumber license must be renewed
for as long as that
licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
restricted journeyman plumber license within 12 months after the expiration date will
result in permanent forfeiture of the restricted master plumber and restricted journeyman
111.29(b) The commissioner shall in a manner determined by the commissioner, without
111.30the need for any rulemaking under chapter 14, phase in the renewal of restricted master
111.31plumber and restricted journeyman plumber licenses from one year to two years. By
111.32June 30, 2011, all restricted master plumber and restricted journeyman plumber licenses
111.33shall be two-year licenses.
Sec. 5. Minnesota Statutes 2008, section 326B.475, subdivision 7, is amended to read:
Subd. 7. Fee.
fee for the restricted master plumber and
restricted journeyman plumber licenses is the same fee as for a master or journeyman
plumber license, respectively.
Sec. 6. Minnesota Statutes 2008, section 326B.49, subdivision 1, is amended to read:
Subdivision 1. Application. (a)
Applications for plumber's license shall be made to
the commissioner, with fee. Unless the applicant is entitled to a renewal, the applicant
shall be licensed by the commissioner only after passing a satisfactory examination
developed and administered by the commissioner, based upon rules adopted by the
Plumbing Board, showing fitness. Examination fees for both journeyman and master
plumbers shall be $50 for each examination. Upon being notified of having successfully
passed the examination for original license the applicant shall submit an application,
with the license fee herein provided. The license fee for each initial
plumber's license shall be
. The license fee for each initial
journeyman plumber's license shall be
The commissioner may by rule prescribe
112.16 for the expiration and renewal of licenses.
112.17(b) All initial master and journeyman plumber's licenses shall be effective for more
112.18than one calendar year and shall expire on December 31 of the year after the year in which
112.19the application is made. The license fee for each renewal master plumber's license shall be
112.20$120 for one year or $240 for two years. The license fee for each renewal journeyman
112.21plumber's license shall be $55 for one year or $110 for two years. The commissioner
112.22shall in a manner determined by the commissioner, without the need for any rulemaking
112.23under chapter 14, phase in the renewal of master and journeyman plumber's licenses from
112.24one year to two years. By June 30, 2011, all renewed master and journeyman plumber's
112.25licenses shall be two-year licenses.
Any licensee who does not renew a license within two years after the license
expires is no longer eligible for renewal. Such an individual must retake and pass the
examination before a new license will be issued. A journeyman or master plumber who
submits a license renewal application after the time specified in rule but within two years
after the license expired must pay all past due renewal fees plus a late fee of $25.
Sec. 7. Minnesota Statutes 2008, section 326B.56, subdivision 4, is amended to read:
Subd. 4. Fee. (a)
The commissioner shall collect a $40 bond registration fee for
112.33one year or $80 for two years
from each applicant for issuance or renewal of a water
conditioning contractor or installer license who elects to proceed under subdivisions
1 and 2.
113.3(b) The commissioner shall in a manner determined by the commissioner, without
113.4the need for any rulemaking under chapter 14, phase in the bond registration from one year
113.5to two years so that the expiration of bond registration corresponds with the expiration of
113.6the license issued under section 326B.55.
Sec. 8. Minnesota Statutes 2008, section 326B.58, is amended to read:
Examination fees for both water conditioning contractors and water conditioning
installers shall be $50 for each examination. Each initial
water conditioning contractor
and installer license shall be effective for more than one calendar year and
shall expire on
December 31 of the year
for which it was issued after the year in which the application
. The license fee for each initial water conditioning contractor's license shall be
, except that the license fee shall be
if the application is submitted
during the last three months of the calendar year. The license fee for each renewal water
conditioning contractor's license shall be $70 for one year or $140 for two years
license fee for each initial water conditioning installer license shall be
that the license fee shall be
if the application is submitted during the last
three months of the calendar year. The license fee for each renewal water conditioning
installer license shall be $35 for one year or $70 for two years
113.21(b) The commissioner shall in a manner determined by the commissioner, without
113.22the need for any rulemaking under chapter 14, phase in the renewal of water conditioning
113.23contractor and installer licenses from one year to two years. By June 30, 2011, all renewed
113.24water conditioning contractor and installer licenses shall be two-year licenses.
commissioner may by rule prescribe for the expiration and renewal of licenses.
Any licensee who does not renew a license within two years after the license
expires is no longer eligible for renewal. Such an individual must retake and pass the
examination before a new license will be issued. A water conditioning contractor or water
conditioning installer who submits a license renewal application after the time specified
in rule but within two years after the license expired must pay all past due renewal fees
plus a late fee of $25.
Sec. 9. Minnesota Statutes 2008, section 326B.815, subdivision 1, is amended to read:
Subdivision 1. Licensing fee. (a)
The licensing fee for persons licensed pursuant
, except for manufactured home installers, is
114.1 year $200 for a two-year period
. The licensing fee for manufactured home installers under
is $300 for a three-year period.
114.3(b) All initial licenses, except for manufactured home installer licenses, shall be
114.4effective for two years and shall expire on March 31 of the year after the year in which the
114.5application is made. The license fee for each renewal of a residential contractor, residential
114.6remodeler, or residential roofer license shall be $100 for one year and $200 for two years.
114.7(c) The commissioner shall in a manner determined by the commissioner, without
114.8the need for any rulemaking under chapter 14, phase in the renewal of residential
114.9contractor, residential remodeler, and residential roofer licenses from one year to two
114.10years. By June 30, 2011, all renewed residential contractor, residential remodeler, and
114.11residential roofer licenses shall be two-year licenses.
Sec. 10. Minnesota Statutes 2008, section 326B.821, subdivision 2, is amended to read:
Subd. 2. Hours.
A qualifying person of a licensee must provide proof of completion
hours of continuing education per
year two-year licensure period
regulated industry in which the licensee is licensed.
Credit may not be earned if the licensee has previously obtained credit for the same
course as either a student or instructor during the same licensing period.
Sec. 11. Minnesota Statutes 2008, section 326B.86, subdivision 1, is amended to read:
Subdivision 1. Bond.
(a) Licensed manufactured home installers and licensed
residential roofers must post a surety bond in the name of the licensee with the
commissioner, conditioned that the applicant shall faithfully perform the duties and
in all things comply with all laws, ordinances, and rules pertaining to the license or
permit applied for and all contracts entered into. The
bond must be continuous
and maintained for so long as the licensee remains licensed. The aggregate liability of
the surety on the bond to any and all persons, regardless of the number of claims made
against the bond, may not exceed the amount of the bond. The bond may be canceled as
to future liability by the surety upon 30 days' written notice mailed to the commissioner
by regular mail.
(b) A licensed residential roofer must post a bond of at least $15,000.
(c) A licensed manufactured home installer must post a bond of at least $2,500.
Bonds issued under sections
are not state bonds or contracts
for purposes of sections
16C.05, subdivision 2
Sec. 12. Minnesota Statutes 2008, section 326B.885, subdivision 2, is amended to read:
Annual Renewal period. Any license issued or renewed after August
115.2 1, 1993, must be renewed annually except for (a) Residential contractor, residential
115.3remodeler, and residential roofer licenses shall have a renewal period of two years. The
115.4commissioner shall in a manner determined by the commissioner, without the need for any
115.5rulemaking under chapter 14, phase in the renewal of residential contractor, residential
115.6remodeler, and residential roofer licenses from one year to two years. By June 30, 2011,
115.7all renewed residential contractor, residential remodeler, and residential roofer licenses
115.8shall be two-year licenses.
A manufactured home installer's license
shall have a renewal period of
three years, effective for all renewals and new licenses issued after December 31, 2008.
Sec. 13. Minnesota Statutes 2008, section 326B.89, subdivision 3, is amended to read:
Subd. 3. Fund fees.
In addition to any other fees, a person who applies for or
renews a license under sections
shall pay a fee to the fund. The
person shall pay, in addition to the appropriate application or renewal fee, the following
additional fee that shall be deposited in the fund. The amount of the fee shall be based on
the person's gross annual receipts for the person's most recent fiscal year preceding the
application or renewal, on the following scale:
|Gross Annual Receipts
|$1,000,000 to $5,000,000
Sec. 14. Minnesota Statutes 2008, section 326B.89, subdivision 16, is amended to read:
Subd. 16. Additional assessment.
If the balance in the fund is at any time less
than the commissioner determines is necessary to carry out the purposes of this section,
every licensee, when renewing a license, shall pay, in addition to the annual renewal
fee and the fee set forth in subdivision 3, an assessment not to exceed
commissioner shall set the amount of assessment based on a reasonable determination
of the amount that is necessary to restore a balance in the fund adequate to carry out the
purposes of this section.
Sec. 15. Minnesota Statutes 2008, section 326B.94, subdivision 4, is amended to read:
Subd. 4. Examinations, licensing.
The commissioner shall develop and administer
an examination for all masters of boats carrying passengers for hire on the inland waters of
the state as to their qualifications and fitness. If found qualified and competent to perform
their duties as a master of a boat carrying passengers for hire, they shall be issued a license
authorizing them to act as such on the inland waters of the state.
The license shall be
116.3 renewed annually. All initial master's licenses shall be for two years. The commissioner
116.4shall in a manner determined by the commissioner, without the need for any rulemaking
116.5under chapter 14, phase in the renewal of master's licenses from one year to two years.
116.6By June 30, 2011, all renewed master's licenses shall be two-year licenses.
Fees for the
original issue and renewal of the license authorized under this section shall be pursuant to
326B.986, subdivision 2
Sec. 16. Minnesota Statutes 2008, section 326B.972, is amended to read:
116.10326B.972 LICENSE REQUIREMENT.
(a) To operate a boiler, steam engine, or turbine an individual must have received a
license for the grade covering that boiler, steam engine, or turbine.
The license must be
116.13 renewed annually, except as provided Except for licenses described
and except for provisional licenses described in paragraphs (d) to (g)
116.15(1) all initial licenses shall be for two years;
116.16(2) the commissioner shall in a manner determined by the commissioner, without
116.17the need for any rulemaking under chapter 14, phase in the renewal of licenses from
116.18one year to two years; and
116.19(3) by June 30, 2011, all licenses shall be two-year licenses.
(b) For purposes of sections
, "operation" does not include
monitoring of an automatic boiler, either through on premises inspection of the boiler or
by remote electronic surveillance, provided that no operations are performed upon the
boiler other than emergency shut down in alarm situations.
(c) No individual under the influence of illegal drugs or alcohol may operate a boiler,
steam engine, or turbine or monitor an automatic boiler.
(d) The commissioner may issue a provisional license to allow an employee of a
high pressure boiler plant to operate boilers greater than 500 horsepower at only that
boiler plant if:
(1) the boiler plant has a designated chief engineer in accordance with Minnesota
Rules, part 5225.0410;
(2) the boiler plant employee holds a valid license as a second-class engineer,
Grade A or B;
(3) the chief engineer in charge of the boiler plant submits an application to the
commissioner on a form prescribed by the commissioner to elicit information on whether
the requirements of this paragraph have been met;
(4) the chief engineer in charge of the boiler plant and an authorized representative
of the owner of the boiler plant both sign the application for the provisional license;
(5) the owner of the boiler plant has a documented training program with examination
for boilers and equipment at the boiler plant to train and test the boiler plant employee; and
(6) if the application were to be granted, the total number of provisional licenses
for employees of the boiler plant would not exceed the total number of properly licensed
first-class engineers and chief engineers responsible for the safe operation of the boilers
at the boiler plant.
(e) A public utility, cooperative electric association, generation and transmission
cooperative electric association, municipal power agency, or municipal electric utility
that employs licensed boiler operators who are subject to an existing labor contract may
use a provisional licensee as an operator only if using the provisional licensee does not
violate the labor contract.
(f) Each provisional license expires 36 months after the date of issuance unless
revoked less than 36 months after the date of issuance. A provisional license may not be
(g) The commissioner may issue no more than two provisional licenses to any
individual within a four-year period.
Sec. 17. Minnesota Statutes 2008, section 326B.986, subdivision 2, is amended to read:
Subd. 2. Fee amounts; master's.
The license and application fee for
a an initial
master's license is
if the applicant possesses a valid, unlimited, current
United States Coast Guard master's license. The
of fee for
license is $20 for one year or $40 for two years
The annual renewal
If the renewal fee is
paid later than 30 days after expiration
is $35. The fee for replacement of a current, valid
117.25 license is $20, then a late fee of $15 will be added to the renewal fee
Sec. 18. Minnesota Statutes 2008, section 326B.986, subdivision 5, is amended to read:
Subd. 5. Boiler engineer license fees. (a)
For the following licenses, the
nonrefundable license and application fee is:
(1) chief engineer's license,
(2) first class engineer's license,
(3) second class engineer's license,
(4) special engineer's license,
(5) traction or hobby boiler engineer's license, $50; and
(6) provisional license, $50.
An engineer's license, except a provisional license, may be renewed upon
application and payment of
an annual a
renewal fee of $20 for one year or $40 for two
The annual renewal,
If the renewal fee is
paid later than 30 days after expiration,
is $35. The fee for replacement of a current, valid license is $20 then a late fee of $15
118.5will be added to the renewal fee
Sec. 19. Minnesota Statutes 2008, section 326B.986, subdivision 8, is amended to read:
Subd. 8. Certificate of competency.
The fee for issuance of the original state
of Minnesota certificate of competency for inspectors is
$50. This fee is waived $85
118.9for inspectors who did not pay the examination fee or $35
for inspectors who paid
the examination fee. All initial certificates of competency shall be effective for more
118.11than one calendar year and shall expire on December 31 of the year after the year in
118.12which the application is made. The commissioner shall in a manner determined by the
118.13commissioner, without the need for any rulemaking under chapter 14, phase in the renewal
118.14of certificates of competency from one calendar year to two calendar years. By June 30,
118.152011, all renewed certificates of competency shall be valid for two calendar years.
renewal of the state of Minnesota certificate of competency is $35 for one
118.17year or $70 for two years
, and is due
January 1 of each year. The fee for replacement of a
118.18 current, valid license is $35 the day after the certificate expires
Sec. 20. Minnesota Statutes 2008, section 327B.04, subdivision 7, is amended to read:
Fees; Licenses; when granted.
Each application for a license or license
renewal must be accompanied by a fee in an amount established by
the commissioner by
118.22 rule pursuant to section
327B.10 subdivision 7a
. The fees shall be set in an amount which
over the fiscal biennium will produce revenues approximately equal to the expenses which
the commissioner expects to incur during that fiscal biennium while administering and
. The commissioner shall grant or deny a license
application or a renewal application within 60 days of its filing. If the license is granted,
the commissioner shall license the applicant as a dealer or manufacturer for the remainder
calendar year licensure period
. Upon application by the licensee, the commissioner
shall renew the license for a two year period, if:
the renewal application satisfies the requirements of subdivisions 3 and 4;
the renewal applicant has made all listings, registrations, notices and reports
required by the commissioner during the preceding
year licensure period
the renewal applicant has paid all fees owed pursuant to sections
and all taxes, arrearages, and penalties owed to the state.
Sec. 21. Minnesota Statutes 2008, section 327B.04, is amended by adding a
subdivision to read:
119.3 Subd. 7a. Fees. (a) Fees for licenses issued pursuant to this section are as follows:
119.4(1) initial dealer license for principal location, $400;
119.5(2) initial dealer license for subagency location, $80;
119.6(3) dealer license biennial renewal, principal location, $400; dealer subagency
119.7location biennial renewal, $160, which must coincide with the principal license date;
119.8(4) initial limited dealer license, $200;
119.9(5) change of bonding company, $10;
119.10(6) reinstatement of bond after cancellation notice has been received, $10;
119.11(7) checks returned without payment, $15; and
119.12(8) change of address, $10.
119.13(b) All initial limited dealer licenses shall be effective for more than one calendar
119.14year and shall expire on December 31 of the year after the year in which the application
119.16(c) The license fee for each renewed limited dealer license shall be $100 for one
119.17year and $200 for two years. The commissioner shall in a manner determined by the
119.18commissioner, without the need for any rulemaking under chapter 14, phase in the renewal
119.19of limited dealer licenses from one year to two years. By June 30, 2011, all renewed
119.20limited dealer licenses shall be two-year licenses.
119.21(d) All fees are nonrefundable.
Sec. 22. Minnesota Statutes 2008, section 327B.04, subdivision 8, is amended to read:
Subd. 8. Limited dealer's license.
The commissioner shall issue a limited dealer's
license to an owner of a manufactured home park authorizing the licensee as principal
only to engage in the sale, offering for sale, soliciting, or advertising the sale of used
manufactured homes located in the owned manufactured home park. The licensee must
be the title holder of the homes and may engage in no more than ten sales
119.28during each year of the two-year licensure period
. An owner may, upon payment of the
applicable fee and compliance with this subdivision, obtain a separate license for each
owned manufactured home park and is entitled to sell up to
homes per license
provided that only one limited dealer license may be issued for each park. The
license shall be issued after:
(1) receipt of an application on forms provided by the commissioner containing
the following information:
(i) the identity of the applicant;
(ii) the name under which the applicant will be licensed and do business in this state;
(iii) the name and address of the owned manufactured home park, including a copy
of the park license, serving as the basis for the issuance of the license;
(iv) the name, home, and business address of the applicant;
(v) the name, address, and telephone number of one individual that is designated
by the applicant to receive all communications and cooperate with all inspections and
investigations of the commissioner pertaining to the sale of manufactured homes in the
manufactured home park owned by the applicant;
(vi) whether the applicant or its designated individual has been convicted of a crime
within the previous ten years that is either related directly to the business for which the
license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a
judgment in a civil action involving fraud, misrepresentation, or conversion within the
previous five years or has had any government license or permit suspended or revoked
as a result of an action brought by a federal or state governmental agency in this or any
other state within the last five years; and
(vii) the applicant's qualifications and business history, including whether the
applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has
any unsatisfied court judgments outstanding against it or them;
(2) payment of
a $100 annual the license
fee established by subdivision 7a
(3) provision of a surety bond in the amount of $5,000. A separate surety bond
must be provided for each limited license.
The applicant need not comply with section
327B.04, subdivision 4
, paragraph (e).
The holding of a limited dealer's license does not satisfy the requirement contained in
327B.04, subdivision 4
, paragraph (e), for the licensee or salespersons with respect
to obtaining a dealer license. The commissioner may, upon application for a renewal of
a license, require only a verification that copies of sales documents have been retained
and payment of
a $100 the
renewal fee established by subdivision 7a
. "Sales documents"
mean only the safety feature disclosure form defined in section
327C.07, subdivision 3a
title of the home, financing agreements, and purchase agreements.
The license holder shall, upon request of the commissioner, make available for
inspection during business hours sales documents required to be retained under this
Sec. 23. REPEALER.
120.34Minnesota Rules, part 1350.8300, is repealed.
Section 1. Minnesota Statutes 2008, section 85.0146, subdivision 1, is amended to read:
Subdivision 1. Advisory council created.
The Cuyuna Country State Recreation
Area Citizens Advisory Council is established. Notwithstanding section 15.059, the
121.6council does not expire.
Membership on the advisory council shall include:
(1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers
(2) a representative of the Croft Mine Historical Park Joint Powers Board;
(3) a designee of the Cuyuna Range Mineland Reclamation Committee who has
worked as a miner in the local area;
(4) a representative of the Crow Wing County Board;
(5) an elected state official;
(6) a representative of the Grand Rapids regional office of the Department of Natural
(7) a designee of the Iron Range Resources and Rehabilitation Board;
(8) a designee of the local business community selected by the area chambers of
(9) a designee of the local environmental community selected by the Crow Wing
County District 5 commissioner;
(10) a designee of a local education organization selected by the Crosby-Ironton
(11) a designee of one of the recreation area user groups selected by the Cuyuna
Range Chamber of Commerce; and
(12) a member of the Cuyuna Country Heritage Preservation Society.
Sec. 2. Minnesota Statutes 2008, section 89A.08, subdivision 1, is amended to read:
Subdivision 1. Establishment.
The council shall appoint a Forest Resources
Research Advisory Committee. Notwithstanding section 15.059, the council does not
The committee must consist of representatives of:
(1) the College of Natural Resources, University of Minnesota;
(2) the Natural Resources Research Institute, University of Minnesota;
(3) the department;
(4) the North Central Forest Experiment Station, United States Forest Service; and
(5) other organizations as deemed appropriate by the council.
Sec. 3. [90.43] DUTY TO MAINTAIN WOOD PRODUCTS FACILITY.
122.2The owner or operator of a wood products facility shall maintain the facility in
122.3salable operating condition for at least two years after it permanently discontinues
122.4operation of the facility to ensure that public and utility investments in the facility are
122.5protected and that the facility's tax and other obligations to state and local governments
122.6and other residents of Minnesota created by contract or otherwise are satisfied. These
122.7obligations include, in addition to any other obligations, any obligation created by "the
122.8relief payment for timber sale permits" program created by Laws 2007, chapter 57, article
122.91, section 158. Specifically, and in addition to other obligations on an owner or operator,
122.10this section prohibits the permanent removal from the facility of equipment necessary for
122.11the facility's operation during the two-year period. The requirements of this section are
122.12enforceable on all owners and operators and successors of owners and operators and shall
122.13be enforced by the state in any action brought by the state or others, including actions in
122.14bankruptcy. The attorney general shall bring an action to prevent a violation or threatened
122.15violation of this section. For the purpose of this section, "wood products facility" means a
122.16lumber or other company facility that employed more than 100 employees at the facility
122.17at any time in the five-year period immediately prior to discontinuing operations, had
122.18permits to harvest timber used in that operation, and manufactured products derived
122.19from wood at the facility.
122.20EFFECTIVE DATE.This section is effective the day following final enactment
122.21and applies retroactively to the discontinuance of operation occurring on or after January
Sec. 4. Minnesota Statutes 2008, section 154.001, is amended to read:
122.24154.001 BOARD OF BARBER
AND COSMETOLOGIST EXAMINERS
122.26 Subdivision 1. Definition. For the purposes of this chapter, "board" means the
122.27Board of Barber Examiners.
122.28 Subd. 2. Board of Barber Examiners.
(a) A Board of Barber
Examiners is established to consist of three barber members
, three cosmetologist members,
and one public member, as defined in section
, appointed by the governor.
(b) The barber members shall be persons who have practiced as registered barbers in
this state for at least five years immediately prior to their appointment; shall be graduates
from the 12th grade of a high school or have equivalent education, and shall have
knowledge of the matters to be taught in registered barber schools, as set forth in section
. One of the barber members shall be a member of, or recommended by, a union of
journeymen barbers that has existed at least two years, and one barber member shall be a
member of, or recommended by, a professional organization of barbers.
(c) All cosmetologist members must be currently licensed in the field of cosmetology
123.5 in Minnesota, have practiced in the licensed occupation for at least five years immediately
123.6 prior to their appointment, be graduates from the 12th grade of high school or have
123.7 equivalent education, and have knowledge of sections
154.54 and Minnesota
123.8 Rules, chapters 2642 and 2644. The cosmetologist members shall be members of,
123.9 or recommended by, a professional organization of cosmetologists, manicurists, or
123.11 (d) Subd. 3. Membership terms. (a)
Membership terms, compensation of
members, removal of members, the filling of membership vacancies, and fiscal year and
reporting requirements shall be as provided in sections
. The provision of
staff, administrative services and office space; the review and processing of complaints;
the setting of board fees; and other provisions relating to board operations shall be as
provided in chapter 214.
Members appointed to fill vacancies caused by death, resignation, or removal
shall serve during the unexpired term of their predecessors.
(f) The barber members of the board shall separately oversee administration,
123.20 enforcement, and regulation of, and adoption of rules under, sections
123.21 154.003 ,
154.21 , and
154.26 . The cosmetologist
123.22 members of the board shall separately oversee administration, enforcement, and regulation
123.23 of, and adoption of rules under, sections
154.54 . Staff hired by the board,
123.24 including inspectors, shall serve both professions.
Sec. 5. Minnesota Statutes 2008, section 154.19, is amended to read:
Each of the following constitutes a misdemeanor:
(1) The violation of any of the provisions of section
(2) Permitting any person in one's employ, supervision, or control to practice as a
registered barber or registered apprentice unless that person has a certificate of registration
as a registered barber or registered apprentice;
(3) Obtaining or attempting to obtain a certificate of registration for money other
than the required fee, or any other thing of value, or by fraudulent misrepresentation;
(4) Practicing or attempting to practice by fraudulent misrepresentation;
(5) The willful failure to display a certificate of registration as required by section
(6) The use of any room or place for barbering which is also used for residential or
business purposes, except the sale of hair tonics, lotions, creams, cutlery, toilet articles,
cigars, tobacco, candies in original package, and such commodities as are used and sold in
barber shops, and except that shoeshining and an agency for the reception and delivery of
laundry, or either, may be conducted in a barber shop without the same being construed
as a violation of this section, unless a substantial partition of ceiling height separates the
portion used for residential or business purposes, and where a barber shop is situated in a
residence, poolroom, confectionery, store, restaurant, garage, clothing store, liquor store,
hardware store, or soft drink parlor, there must be an outside entrance leading into the
barber shop independent of any entrance leading into such business establishment, except
that this provision as to an outside entrance shall not apply to barber shops in operation at
the time of the passage of this section and except that a barber shop and beauty parlor may
be operated in conjunction, without the same being separated by partition of ceiling height;
(7) The failure or refusal of any barber or other person in charge of any barber shop,
or any person in barber schools or colleges doing barber service work, to use separate
and clean towels for each customer or patron, or to discard and launder each towel after
once being used;
(8) The failure or refusal by any barber or other person in charge of any barber shop
or barber school or barber college to supply clean hot and cold water in such quantities as
may be necessary to conduct such shop, or the barbering service of such school or college,
in a sanitary manner, or the failure or refusal of any such person to have water and sewer
connections from such shop, or barber school or college, with municipal water and sewer
systems where the latter are available for use, or the failure or refusal of any such person
to maintain a receptacle for hot water of a capacity of not less than five gallons;
(9) For the purposes of
124.28 154.19 to
154.21 , and
154.26 this section
, barbers, students, apprentices, or
the proprietor or manager of a barber shop, or barber school or barber college, shall be
responsible for all violations of the sanitary provisions of
124.31 154.003 ,
154.21 , and
154.26 this section
, and if
any barber shop, or barber school or barber college, upon inspection, shall be found to be
in an unsanitary condition, the person making such inspection shall immediately issue an
order to place the barber shop, or barber school, or barber college, in a sanitary condition,
in a manner and within a time satisfactory to the Board of Barber and Cosmetologist
Examiners, and for the failure to comply with such order the board shall immediately
file a complaint for the arrest of the persons upon whom the order was issued, and any
registered barber who shall fail to comply with the rules adopted by the Board of Barber
and Cosmetologist Examiners, with the approval of the state commissioner of health, or
the violation or commission of any of the offenses described in this section and
154.161, subdivision 4, paragraph (a)
, clauses (1),
, (5), (6), (7),
125.6 (8), (9) to (12)
and of clauses (1), (2), (3), (4), (5), (6), (7), (8), and (9) of this section,
shall be fined not less than $10 or imprisoned for ten days and not more than $100 or
imprisoned for 90 days.
Sec. 6. Minnesota Statutes 2008, section 154.44, subdivision 1, is amended to read:
Subdivision 1. Schedule.
The fee schedule for licensees is as follows:
(a) Three-year license fees:
(1) cosmetologist, manicurist, esthetician, $90 for each initial license, and $60 for
(2) instructor, manager, $120 for each initial license, and $90 for each renewal;
(3) salon, $130 for each initial license, and $100 for each renewal; and
(4) school, $1,500.
(1) reinspection fee, variable;
(2) manager with lapsed practitioner, $25;
125.20(3) expired cosmetologist, manicurist, esthetician, manager, school manager, and
125.21instructor license, $45; and
125.22(4) expired salon or school license, $50
(c) Administrative fees:
(1) certificate of identification, $20;
(2) school original application, $150;
125.26(3) name change, $20;
125.27(4) letter of license verification, $30;
125.28(5) duplicate license, $20; and
125.29(6) processing fee, $10
(d) All fees established in this subdivision must be paid to the executive secretary
of the board. The executive secretary of the board shall deposit the fees in the general
fund in the state treasury.
Sec. 7. Minnesota Statutes 2008, section 154.51, is amended to read:
126.1 Subdivision 1. Proceedings.
The provisions of section
154.161 apply to the
126.2 administration of sections
154.54 . If the board, or a complaint committee if
126.3authorized by the board, has a reasonable basis for believing that a person has engaged in
126.4or is about to engage in a violation of a statute, rule, or order that the board has adopted
126.5or issued or is empowered to enforce, the board or complaint committee may proceed as
126.6provided in subdivision 2 or 3. Except as otherwise provided in this section, all hearings
126.7must be conducted in accordance with the Administrative Procedure Act.
126.8 Subd. 2. Legal actions. (a) When necessary to prevent an imminent violation of a
126.9statute, rule, or order that the board has adopted or issued or is empowered to enforce, the
126.10board, or a complaint committee if authorized by the board, may bring an action in the
126.11name of the state in the District Court of Ramsey County in which jurisdiction is proper to
126.12enjoin the act or practice and to enforce compliance with the statute, rule, or order. On a
126.13showing that a person has engaged in or is about to engage in an act or practice that
126.14constitutes a violation of a statute, rule, or order that the board has adopted or issued
126.15or is empowered to enforce, the court shall grant a permanent or temporary injunction,
126.16restraining order, or other appropriate relief.
126.17(b) For purposes of injunctive relief under this subdivision, irreparable harm exists
126.18when the board shows that a person has engaged in or is about to engage in an act or
126.19practice that constitutes violation of a statute, rule, or order that the board has adopted or
126.20issued or is empowered to enforce.
126.21(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person
126.22from criminal prosecution by a competent authority, or from action by the board under
126.23subdivision 3, 4, 5, or 6 with respect to the person's license or registration, or application
126.24for examination, license, registration, or renewal.
126.25 Subd. 3. Cease and desist orders. (a) The board, or complaint committee if
126.26authorized by the board, may issue and have served upon an unlicensed or unregistered
126.27person, or a holder of a license or registration, an order requiring the person to cease and
126.28desist from an act or practice that constitutes a violation of a statute, rule, or order that
126.29the board has adopted or issued or is empowered to enforce. The order must (1) give
126.30reasonable notice of the rights of the person named in the order to request a hearing,
126.31and (2) state the reasons for the entry of the order. No order may be issued under this
126.32subdivision until an investigation of the facts has been conducted under section
126.33(b) Service of the order under this subdivision is effective when the order is
126.34personally served on the person or counsel of record, or served by certified mail to the
126.35most recent address provided to the board for the person or counsel of record.
127.1(c) The board must hold a hearing under this subdivision not later than 30 days after
127.2the board receives the request for the hearing, unless otherwise agreed between the board,
127.3or complaint committee if authorized by the board, and the person requesting the hearing.
127.4(d) Notwithstanding any rule to the contrary, the administrative law judge must issue
127.5a report within 30 days of the close of the contested case hearing. Within 30 days after
127.6receiving the report and subsequent exceptions and argument, the board shall issue a
127.7further order vacating, modifying, or making permanent the cease and desist order. If no
127.8hearing is requested within 30 days of service of the order, the order becomes final and
127.9remains in effect until modified or vacated by the board.
127.10 Subd. 4. Licensing and registration actions. (a) With respect to a person who is a
127.11holder of or applicant for a license or registration under this chapter, the board may by
127.12order deny, refuse to renew, suspend, temporarily suspend, or revoke the application,
127.13license, or registration, censure or reprimand the person, refuse to permit the person to
127.14sit for examination, or refuse to release the person's examination grades, if the board
127.15finds that such an order is in the public interest and that, based on a preponderance of the
127.16evidence presented, the person has:
127.17(1) violated a statute, rule, or order that the board has adopted or issued or is
127.18empowered to enforce;
127.19(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, whether
127.20or not the conduct or acts relate to the practice of a profession regulated by this chapter, if
127.21the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's
127.22ability or fitness to engage in the practice of the profession;
127.23(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate
127.24incompetence, or are otherwise in violation of the standards in the rules of the board,
127.25where the conduct or acts relate to the practice of a profession regulated by this chapter;
127.26(4) employed fraud or deception in obtaining a license, registration, renewal, or
127.27reinstatement, or in passing all or a portion of the examination;
127.28(5) had a license, registration, right to examine, or other similar authority revoked in
127.30(6) failed to meet any requirement for issuance or renewal of the person's license
127.32(7) practiced in a profession regulated by this chapter while having an infectious or
127.34(8) advertised by means of false or deceptive statements;
127.35(9) demonstrated intoxication or indulgence in the use of drugs, including but not
127.36limited to narcotics as defined in section
152.01 or in United States Code, title 26, section
128.14731, barbiturates, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants,
128.2stimulants, or tranquilizers;
128.3(10) demonstrated unprofessional conduct or practice;
128.4(11) permitted an employee or other person under the person's supervision or control
128.5to practice as a licensee, registrant, or instructor of a profession regulated by this chapter
128.6unless that person has (i) a current license or registration issued by the board, (ii) a
128.7temporary apprentice permit, or (iii) a temporary permit as an instructor of a profession
128.8regulated by the board;
128.9(12) practices, offered to practice, or attempted to practice by misrepresentation;
128.10(13) failed to display a license or registration as required by rules adopted by the
128.12(14) used any room or place of practice of a profession regulated by the board that
128.13is also used for any other purpose, or used any room or place of practice of a profession
128.14regulated by the board that violates the board's rules governing sanitation;
128.15(15) failed to use separate and clean towels for each customer or patron, or to discard
128.16and launder each towel after being used once;
128.17(16) in the case of a licensee, registrant, or other person in charge of any school or
128.18place of practice of a profession regulated by the board, (i) failed to supply in a sanitary
128.19manner clean hot and cold water in quantities necessary to conduct the service or practice
128.20of the profession regulated by the board, (ii) failed to have water and sewer connections
128.21from the place of practice or school with municipal water and sewer systems where they
128.22are available for use, or (iii) failed or refused to maintain a receptacle for hot water of a
128.23capacity of at least five gallons;
128.24(17) refused to permit the board to make an inspection permitted or required by this
128.25chapter, or failed to provide the board or the attorney general on behalf of the board
128.26with any documents or records they request;
128.27(18) failed promptly to renew a license or registration when remaining in practice,
128.28pay the required fee, or issue a worthless check;
128.29(19) failed to supervise an apprentice, or permitted the practice of a profession
128.30regulated by the board by a person not registered or licensed with the board or not holding
128.31a temporary permit;
128.32(20) refused to serve a customer because of race, color, creed, religion, disability,
128.33national origin, or sex;
128.34(21) failed to comply with a provision of chapter 141 or a provision of another
128.35chapter that relates to schools; or
129.1(22) with respect to temporary suspension orders, has committed an act, engaged
129.2in conduct, or committed practices that the board, or complaint committee if authorized
129.3by the board, has determined may result or may have resulted in an immediate threat
129.4to the public.
129.5(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a
129.6condition of continued licensure or registration, termination of suspension, reinstatement
129.7of licensure or registration, examination, or release of examination results, require that
129.9(1) submit to a quality review of the person's ability, skills, or quality of work,
129.10conducted in a manner and by a person or entity that the board determines; or
129.11(2) completes to the board's satisfaction continuing education as the board requires.
129.12(c) Service of an order under this subdivision is effective if the order is served in
129.13person, or is served by certified mail to the most recent address provided to the board by
129.14the licensee, registrant, applicant, or counsel of record. The order must state the reason
129.15for the entry of the order.
129.16(d) Except as provided in subdivision 5, paragraph (c), all hearings under this
129.17subdivision must be conducted in accordance with the Administrative Procedure Act.
129.18 Subd. 5. Temporary suspension. (a) When the board, or complaint committee if
129.19authorized by the board, issues a temporary suspension order, the suspension provided for
129.20in the order is effective on service of a written copy of the order on the licensee, registrant,
129.21or counsel of record. The order must specify the statute, rule, or order violated by the
129.22licensee or registrant. The order remains in effect until the board issues a final order in the
129.23matter after a hearing, or on agreement between the board and the licensee or registrant.
129.24(b) An order under this subdivision may (1) prohibit the licensee or registrant from
129.25engaging in the practice of a profession regulated by the board in whole or in part, as the
129.26facts require, and (2) condition the termination of the suspension on compliance with a
129.27statute, rule, or order that the board has adopted or issued or is empowered to enforce.
129.28The order must state the reasons for entering the order and must set forth the right to
129.29a hearing as provided in this subdivision.
129.30(c) Within ten days after service of an order under this subdivision, the licensee or
129.31registrant may request a hearing in writing. The board must hold a hearing before its own
129.32members within five working days of the request for a hearing. The sole issue at the
129.33hearing must be whether there is a reasonable basis to continue, modify, or terminate the
129.34temporary suspension. The hearing is not subject to the Administrative Procedure Act.
129.35Evidence presented to the board or the licensee or registrant may be in affidavit form only.
129.36The licensee, registrant, or counsel of record may appear for oral argument.
130.1(d) Within five working days after the hearing, the board shall issue its order and, if
130.2the order continues the suspension, shall schedule a contested case hearing within 30 days
130.3of the issuance of the order. Notwithstanding any rule to the contrary, the administrative
130.4law judge shall issue a report within 30 days after the closing of the contested case hearing
130.5record. The board shall issue a final order within 30 days of receiving the report.
130.6 Subd. 6. Violations; penalties; costs. (a) The board may impose a civil penalty of
130.7up to $2,000 per violation on a person who violates a statute, rule, or order that the board
130.8has adopted or issued or is empowered to enforce.
130.9(b) In addition to any penalty under paragraph (a), the board may impose a fee
130.10to reimburse the board for all or part of the cost of (1) the proceedings resulting in
130.11disciplinary action authorized under this section, (2) the imposition of a civil penalty under
130.12paragraph (a), or (3) the issuance of a cease and desist order. The board may impose a
130.13fee under this paragraph when the board shows that the position of the person who has
130.14violated a statute, rule, or order that the board has adopted or issued or is empowered to
130.15enforce is not substantially justified unless special circumstances make such a fee unjust,
130.16notwithstanding any rule to the contrary. Costs under this paragraph include, but are not
130.17limited to, the amount paid by the board for services from the Office of Administrative
130.18Hearings, attorney fees, court reporter costs, witness costs, reproduction of records, board
130.19members' compensation, board staff time, and expenses incurred by board members and
130.21(c) All hearings under this subdivision must be conducted in accordance with the
130.22Administrative Procedure Act.
130.23 Subd. 7. Reinstatement. Upon petition of the former or suspended licensee or
130.24registrant, the board may reinstate a suspended, revoked, or surrendered license or
130.25registration. The board may in its sole discretion place any conditions on reinstatement of
130.26a suspended, revoked, or surrendered license or registration that it finds appropriate and
130.27necessary to ensure that the purposes of this chapter are met. No license or registration
130.28may be reinstated until the former licensee or registrant has completed at least one-half
130.29of the suspension period.
Sec. 8. [155A.20] BOARD OF COSMETOLOGIST EXAMINERS CREATED;
130.32(a) A Board of Cosmetologist Examiners is established to consist of three
130.33cosmetologist members and one public member, as defined in section 214.02, appointed
130.34by the governor.
131.1(b) All cosmetologist members must be currently licensed in the field of cosmetology
131.2in Minnesota, have practiced in the licensed occupation for at least five years immediately
131.3prior to their appointment, be graduates from grade 12 of high school or have equivalent
131.4education, and have knowledge of sections
154.54 and Minnesota Rules, chapters
131.52105 and 2110. The cosmetologist members shall be members of, or recommended by, a
131.6professional organization of cosmetologists, manicurists, or estheticians.
131.7(c) Membership terms, compensation of members, removal of members, the filling
131.8of membership vacancies, and fiscal year and reporting requirements shall be as provided
214.09. The provision of staff, administrative services, and office
131.10space; the review and processing of complaints; the setting of board fees; and other
131.11provisions relating to board operations shall be as provided in chapter 214.
131.12(d) Members appointed to fill vacancies caused by death, resignation, or removal
131.13shall serve during the unexpired term of their predecessors.
Sec. 9. Minnesota Statutes 2008, section 178.02, subdivision 2, is amended to read:
Subd. 2. Terms.
The board shall not
The terms, compensation, and
removal of appointed members shall be as provided in section
Sec. 10. Minnesota Statutes 2008, section 182.656, subdivision 3, is amended to read:
Subd. 3. Meetings
; expiration of council.
A majority of the council members
constitutes a quorum. The council shall meet at the call of its chair, or upon request of any
six members. A tape recording of the meeting with the tape being retained for a one-year
period will be available upon the request and payment of costs to any interested party. The
council shall expire and the terms, compensation, and removal of members shall be as
provided in section
, except that the council shall not expire
before June 30, 2003
Sec. 11. Minnesota Statutes 2008, section 214.01, subdivision 3, is amended to read:
Subd. 3. Non-health-related licensing board.
board" means the Board of Teaching established pursuant to section
, the Board
of Barber Examiners established pursuant to section
, the Board of Cosmetologist
131.28Examiners established pursuant to section 155A.20,
the Board of Assessors established
pursuant to section
, the Board of Architecture, Engineering, Land Surveying,
Landscape Architecture, Geoscience, and Interior Design established pursuant to section
, the Private Detective and Protective Agent Licensing Board established pursuant
, the Board of Accountancy established pursuant to section
the Peace Officer Standards and Training Board established pursuant to section
Sec. 12. Minnesota Statutes 2008, section 214.04, subdivision 3, is amended to read:
Subd. 3. Officers; staff.
The executive director of each health-related board and
the executive secretary of each non-health-related board shall be the chief administrative
officer for the board but shall not be a member of the board. The executive director or
executive secretary shall maintain the records of the board, account for all fees received
by it, supervise and direct employees servicing the board, and perform other services as
directed by the board. The executive directors, executive secretaries, and other employees
of the following boards shall be hired by the board, and the executive directors or executive
secretaries shall be in the unclassified civil service, except as provided in this subdivision:
(2) Medical Practice;
(6) Architecture, Engineering, Land Surveying, Landscape Architecture,
Geoscience, and Interior Design;
(7) Barber Examiners;
Cosmetology Cosmetologist Examiners
(10) Peace Officer Standards and Training;
(11) Social Work;
(12) Marriage and Family Therapy;
(13) Dietetics and Nutrition Practice;
(14) Licensed Professional Counseling; and
(15) Combative Sports Commission.
The executive directors or executive secretaries serving the boards are hired by those
boards and are in the unclassified civil service, except for part-time executive directors
or executive secretaries, who are not required to be in the unclassified service. Boards
not requiring full-time executive directors or executive secretaries may employ them on
a part-time basis. To the extent practicable, the sharing of part-time executive directors
or executive secretaries by boards being serviced by the same department is encouraged.
Persons providing services to those boards not listed in this subdivision, except executive
directors or executive secretaries of the boards and employees of the attorney general, are
classified civil service employees of the department servicing the board. To the extent
practicable, the commissioner shall ensure that staff services are shared by the boards
being serviced by the department. If necessary, a board may hire part-time, temporary
employees to administer and grade examinations.
Sec. 13. Minnesota Statutes 2008, section 216B.1612, subdivision 2, is amended to
Subd. 2. Definitions.
(a) The terms used in this section have the meanings given
them in this subdivision.
(b) "C-BED tariff" or "tariff" means a community-based energy development tariff.
(c) "Qualifying owner" means:
(1) a Minnesota resident;
(2) a limited liability company that is organized under chapter 322B and that is made
up of members who are Minnesota residents;
(3) a Minnesota nonprofit organization organized under chapter 317A;
(4) a Minnesota cooperative association organized under chapter 308A or 308B,
including a rural electric cooperative association or a generation and transmission
cooperative on behalf of and at the request of a member distribution utility;
(5) a Minnesota political subdivision or local government including, but not limited
to, a municipal electric utility, or a municipal power agency on behalf of and at the request
of a member distribution utility, the office of the commissioner of Iron Range resources
a county, statutory or home rule charter city, town, school district, or
public or private higher education institution or any other local or regional governmental
organization such as a board, commission, or association; or
(6) a tribal council.
(d) "Net present value rate" means a rate equal to the net present value of the
nominal payments to a project divided by the total expected energy production of the
project over the life of its power purchase agreement.
(e) "Standard reliability criteria" means:
(1) can be safely integrated into and operated within the utility's grid without causing
any adverse or unsafe consequences; and
(2) is consistent with the utility's resource needs as identified in its most recent
resource plan submitted under section
(f) "Renewable" refers to a technology listed in section
216B.1691, subdivision 1
(g) "Community-based energy development project" or "C-BED project" means a
new renewable energy project that either as a stand-alone project or part of a partnership
under subdivision 8:
(1) has no single qualifying owner owning more than 15 percent of a C-BED wind
energy project unless: (i) the C-BED wind energy project consists of only one or two
turbines; or (ii) the qualifying owner is a public entity listed under paragraph (c), clause
(5), that is not a municipal utility;
(2) demonstrates that at least 51 percent of the gross revenues from a power
purchase agreement over the life of the project will flow to qualifying owners and other
local entities; and
(3) has a resolution of support adopted by the county board of each county in which
the project is to be located, or in the case of a project located within the boundaries of a
reservation, the tribal council for that reservation.
134.11EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 14. Minnesota Statutes 2008, section 298.2213, subdivision 5, is amended to read:
Subd. 5. Advisory committees.
Before submission to the board of a proposal for a
project for expenditure of money appropriated under this section, the commissioner of Iron
Range resources and rehabilitation shall appoint a technical advisory committee consisting
of at least seven persons who are knowledgeable in areas related to the objectives of
the proposal. If the project involves investment in a scientific research proposal, at
least four of the committee members must be knowledgeable in the specific scientific
research area relating to the project. Members of the committees must be compensated as
provided in section
15.059, subdivision 3
. The board shall not act on a proposal until it
has received the evaluation and recommendations of the technical advisory committee.
134.22Notwithstanding section 15.059, the committees do not expire.
Sec. 15. Minnesota Statutes 2008, section 298.2214, subdivision 1, is amended to read:
Subdivision 1. Creation of committee; purpose.
A committee is created to
advise the commissioner of Iron Range resources and rehabilitation on providing higher
education programs in the taconite assistance area defined in section
committee is subject to section
15.059 but does not expire
Sec. 16. Minnesota Statutes 2008, section 298.297, is amended to read:
134.29298.297 ADVISORY COMMITTEES.
Before submission of a project to the board, the commissioner of Iron Range
resources and rehabilitation shall appoint a technical advisory committee consisting of
one or more persons who are knowledgeable in areas related to the objectives of the
proposal. Members of the committees shall be compensated as provided in section
. The board shall not act on a proposal until it has received the evaluation
and recommendations of the technical advisory committee or until 15 days have elapsed
since the proposal was transmitted to the advisory committee, whichever occurs first.
135.5Notwithstanding section 15.059, the committees do not expire.
Sec. 17. Laws 2007, chapter 135, article 1, section 16, is amended to read:
The commissioner of labor and industry shall
135.9 transfer $1,627,000 by June 30, 2008, and
135.10 $1,515,000 by June 30, 2009, and each year
135.11 thereafter, from the construction code fund to
135.12 the general fund.
Of the balance remaining in Laws 2005, First
Special Session chapter 1, article 3, section
2, subdivision 2, for the methamphetamine
laboratory cleanup revolving loan fund,
$100,000 is for transfer to the small
community wastewater treatment account
established in Minnesota Statutes, section
135.20446A.075, subdivision 1
Sec. 18. TRANSFER OF AUTHORITY AND STAFF.
135.22 Subdivision 1. Transfer of authority. (a) The responsibilities of the Board of
135.23Barber and Cosmetologist Examiners covered in Minnesota Statutes 2008, sections
135.24154.001 to 154.26, are transferred under Minnesota Statutes, section 15.039, to the Board
135.25of Barber Examiners.
135.26(b) The responsibilities of the Board of Barber and Cosmetologist Examiners
135.27covered in Minnesota Statutes 2008, sections 154.40 to 154.54, are transferred under
135.28Minnesota Statutes, section 15.039, to the Board of Cosmetologist Examiners.
135.29 Subd. 2. Rulemaking. Rulemaking authority pursuant to Minnesota Statutes
135.302008, sections 154.001 to 154.26, of the Board of Barber and Cosmetologist Examiners
135.31is transferred to the Board of Barber Examiners. Rulemaking authority pursuant to
135.32Minnesota Statutes 2008, sections 154.40 to 154.54, of the Board of Barber and
135.33Cosmetologist Examiners is transferred to the Board of Cosmetologist Examiners. All
136.1rules adopted by the Board of Barber and Cosmetologist Examiners in Minnesota Rules,
136.2chapter 2100, remain in effect and shall be enforced until amended or repealed according
136.3to law by the Board of Barber Examiners. All rules adopted by the Board of Barber
136.4and Cosmetologist Examiners in Minnesota Rules, chapters 2105 and 2110, remain in
136.5effect and shall be enforced until amended or repealed according to law by the Board of
136.7 Subd. 3. Transfer of board members. The board members serving in unexpired
136.8terms appointed to the Board of Barber and Cosmetologist Examiners pursuant to
136.9Minnesota Statutes 2008, section 154.001, paragraph (b), shall be appointed to serve the
136.10remainder of their terms as members of the Board of Barber Examiners, notwithstanding
136.11the requirements of Minnesota Statutes, section 154.001, subdivision 2. The board
136.12members serving in unexpired terms appointed to the Board of Barber and Cosmetologist
136.13Examiners pursuant to Minnesota Statutes 2008, section 154.001, paragraph (c), shall be
136.14appointed to serve the remainder of their terms as members of the Board of Cosmetologist
136.15Examiners, notwithstanding the requirements of Minnesota Statutes, section 155A.20.
136.16 Subd. 4. Transfer of staff. (a) The staff of the Board of Barber and Cosmetologist
136.17Examiners is transferred to the Board of Barber Examiners and the Board of Cosmetologist
136.18Examiners under Minnesota Statutes, section 15.039, according to the requirements of
136.19paragraph (b). In addition to any other protection, no employee shall suffer job loss,
136.20have a salary reduced, or have employment benefits reduced as a result of the transfer
136.21of authority from the Board of Barber and Cosmetologist Examiners recommended or
136.22mandated by this section. No action taken after January 1, 2010, shall be considered a
136.23result of the transfer of authority for the purposes of this section.
136.24(b) On or before June 1, 2009, the Board of Barber and Cosmetologist Examiners
136.25must designate to which board each employee will transfer to under paragraph (a), and the
136.26board must notify each affected employee of the designation in writing.
136.27 Subd. 5. Exemption from hiring freeze. Notwithstanding any law, policy, or
136.28executive order that restricts the hiring of new employees or institutes a hiring freeze, the
136.29Board of Barber Examiners and the Board of Cosmetologist Examiners may hire staff
136.30necessary to accomplish their statutory duties. This exemption expires on December
136.32EFFECTIVE DATE.This section is effective July 1, 2009, except that the
136.33requirements of subdivision 4, paragraph (b), are effective the day following final
Sec. 19. COMMISSIONER OF FINANCE TO ALLOCATE FUNDS.
137.1The commissioner of finance shall allocate the 2010 and 2011 appropriations to the
137.2Board of Barber and Cosmetologist Examiners between the Board of Barber Examiners
137.3and the Board of Cosmetologist Examiners in a ratio that each organization received
137.4when it was separate.
Sec. 20. REVISOR'S INSTRUCTION.
137.6(a) The revisor of statutes shall delete "Board of Barber and Cosmetologist
137.7Examiners" and substitute "board" or "Board of Barber Examiners," as appropriate,
137.8wherever it appears in Minnesota Statutes, sections 154.001 to 154.26, and Minnesota
137.9Rules, chapter 2100.
137.10(b) The revisor of statutes shall delete "Board of Barber and Cosmetologist
137.11Examiners" and substitute "board" or "Board of Cosmetologist Examiners," as appropriate,
137.12wherever it appears in Minnesota Statutes, sections 154.40 to 154.54, and Minnesota
137.13Rules, chapters 2105 and 2110.
137.14(c) The revisor of statutes shall renumber each section of Minnesota Statutes listed
137.15in column A with the number listed in column B. The revisor shall also make necessary
137.16cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
Sec. 21. REPEALER.
137.36Minnesota Statutes 2008, section 176.135, subdivision 1b, is repealed.
138.2IRON RANGE RESOURCES
Section 1. Minnesota Statutes 2008, section 116J.424, is amended to read:
138.4116J.424 IRON RANGE RESOURCES AND REHABILITATION BOARD
The commissioner of the Iron Range Resources and Rehabilitation Board with
of the board by at least seven Iron Range Resources and Rehabilitation Board
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
. 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. [298.217] IRON RANGE RESOURCES AND REHABILITATION;
138.18EARLY SEPARATION INCENTIVE PROGRAM AUTHORIZATION.
138.19(a) Notwithstanding any law to the contrary, the commissioner of Iron Range
138.20resources and rehabilitation, in consultation with the commissioner of management and
138.21budget, may offer a targeted early separation incentive program for employees of the
138.22commissioner who have attained the age of 60 years or who have received credit for at
138.23least 30 years of allowable service under the provisions of chapter 352.
138.24(b) The early separation incentive program may include one or more of the following:
138.25(1) employer-paid postseparation health, medical, and dental insurance until age
138.27(2) cash incentives that may, but are not required to be, used to purchase additional
138.28years of service credit through the Minnesota State Retirement System, to the extent that
138.29the purchases are otherwise authorized by law.
138.30(c) The commissioner of Iron Range resources and rehabilitation shall establish
138.31eligibility requirements for employees to receive an incentive.
138.32(d) The commissioner of Iron Range resources and rehabilitation, consistent with the
138.33established program provisions under paragraph (b), and with the eligibility requirements
139.1under paragraph (c), may designate specific programs or employees as eligible to be
139.2offered the incentive program.
139.3(e) Acceptance of the offered incentive must be voluntary on the part of the
139.4employee and must be in writing. The incentive may only be offered at the sole discretion
139.5of the commissioner of Iron Range resources and rehabilitation.
139.6(f) The cost of the incentive is payable solely by funds made available to the
139.7commissioner of Iron Range resources and rehabilitation by law, but only on prior approval
139.8of the expenditures by a majority of the Iron Range Resources and Rehabilitation Board.
139.9(g) This section and section 298.218 are repealed June 30, 2011.
Sec. 3. [298.218] APPLICATION OF OTHER LAWS.
139.11Unilateral implementation of section 298.217 by the commissioner of Iron Range
139.12resources and rehabilitation is not an unfair labor practice under chapter 179A.
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
. 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
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 approval of
139.30expenditures and projects for rehabilitation purposes as provided by this section, and
139.31the method, manner, and time of payment of all funds proposed to be disbursed,
139.32 majority of the board of expenditures and projects for rehabilitation purposes as provided
139.33 by this section, and the method, manner, and time of payment of all funds proposed to be
139.34 disbursed shall be first approved or disapproved by the board at least seven Iron Range
140.1Resources and Rehabilitation Board members
. 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
, subdivision 1, and
, and may receive per
diem payments during the interims between legislative sessions in the manner provided
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.
140.10EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2008, section 298.22, subdivision 5a, is amended to read:
Subd. 5a. Forest trust.
The commissioner, upon the affirmative vote
of a majority
140.13 of the members of the board, of at least seven Iron Range Resources and Rehabilitation
may purchase forest lands in the taconite assistance area defined in under
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
of a majority of the members of the board, of at least seven Iron Range
140.20Resources and Rehabilitation Board members,
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
of a majority of the members
140.26 of the board by at least seven Iron Range Resources and Rehabilitation Board members,
to purchase, manage, administer, convey interests in, and improve the forest lands. By
majority an affirmative
of the members of the board, of at least seven Iron Range
140.29Resources and Rehabilitation Board members,
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
. 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 foundations, nonprofit limited
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
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 foundations, nonprofit limited liability companies,
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
portions of the town of White and
eastern portion of the westerly, adjacent, unorganized township. city of Biwabik:
141.25Township 59 North, Range 15 West, Sections 7, 8, 17-20 and 29-32;
141.26Township 59 North, Range 16 West, Sections 12, 13, 24, 25, and 36;
141.27Township 58 North, Range 16 West, Section 1; and
141.28Township 58 North, Range 15 West, Sections 5 and 6.
"Ironworld Discovery Center area"
refers to means
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
, 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
the board at least seven Iron
142.13Range Resources and Rehabilitation Board members
, 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
. 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.
142.21EFFECTIVE DATE.This section is effective the day following final enactment.
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
a majority vote of the board at
142.26least seven Iron Range Resources and Rehabilitation Board members
142.27EFFECTIVE DATE.This section is effective the day following final enactment.
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
. After the budget is approved by
the board at least seven Iron Range Resources
143.1and Rehabilitation Board members
and the governor, the commissioner may spend money
in accordance with the approved budget.
143.3EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2008, section 298.221, is amended to read:
143.5298.221 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
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
(b) Notwithstanding section
, 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
of a majority of the board, by at least seven Iron Range Resources and
143.27Rehabilitation Board members,
(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
143.33EFFECTIVE DATE.This section is effective the day following final enactment.
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 Board
144.4 which shall recommend approval or disapproval or modification of the projects for
144.5approval by at least seven Iron Range Resources and Rehabilitation Board members
Prior to the commencement of a project involving the exercise by the commissioner of
any authority of sections
, 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 project
, as so
the board at least seven Iron
144.11Range Resources and Rehabilitation Board members
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.
144.19EFFECTIVE DATE.This section is effective the day following final enactment.
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
Each project must be approved by
a majority of the at least seven
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
145.3EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 14. Minnesota Statutes 2008, section 298.2214, is amended by adding a
subdivision to read:
145.6 Subd. 6. Per diem. Members of the committee may be reimbursed for expenses
145.7in the manner provided in section 298.22, subdivision 2.
145.8EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 15. Minnesota Statutes 2008, section 298.223, is amended to read:
145.10298.223 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
, 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:
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;
reclamation, restoration, or reforestation of mine lands not otherwise
provided for by state law;
local economic development projects but only if those projects are approved
the board, at least seven Iron Range Resources and Rehabilitation Board members,
and public works, including construction of sewer and water systems located within the
taconite assistance area defined in section
monitoring of mineral industry related health problems among mining
145.29(5) local public works projects under section 298.227, paragraph (c); and
145.30(6) local public works projects as provided under this clause. The following amounts
145.31shall be distributed in 2009 based upon the taxable tonnage of production in 2008:
145.32(i) .4651 cents per ton to the city of Aurora for street repair and renovation;
146.1(ii) .4264 cent per ton to the city of Biwabik for street and utility infrastructure
146.2improvements to the south side industrial site;
146.3(iii) .6460 cent per ton to the city of Buhl for street repair;
146.4(iv) 1.0336 cents per ton to the city of Hoyt Lakes for public utility improvements;
146.5(v) 1.1628 cents per ton to the city of Eveleth for water and sewer infrastructure
146.7(vi) 1.0336 cents per ton to the city of Gilbert for water and sewer infrastructure
146.9(vii) .7752 cent per ton to the city of Mountain Iron for water and sewer
146.11(viii) 1.2920 cents per ton to the city of Virginia for utility upgrades and accessibility
146.12modifications for the miners' memorial;
146.13(ix) .6460 cent per ton to the town of White for Highway 135 road upgrades;
146.14(x) 1.9380 cents per ton to the city of Hibbing for public infrastructure projects;
146.15(xi) 1.1628 cents per ton to the city of Chisholm for water and sewer repair;
146.16(xii) .6460 cent per ton to the town of Balkan for community center repairs;
146.17(xiii) .9044 cent per ton to the city of Babbitt for city garage construction;
146.18(xiv) .5168 cent per ton to the city of Cook for replacement of a water tower;
146.19(xv) .5168 cent per ton to the city of Ely for reconstruction of 2cnd Avenue West;
146.20(xvi) .6460 cent per ton to the city of Tower for water infrastructure upgrades;
146.21(xvii) .1292 cent per ton to the city of Orr for water infrastructure upgrades;
146.22(xviii) .1292 cent per ton to the city of Silver Bay for emergency cleanup;
146.23(xvix) .3230 cent per ton to Lake County for trail construction;
146.24(xx) .1292 cent per ton to Cook County for construction of tennis courts in Grand
146.26(xxi) .3101 cent per ton to the city of Two Harbors for water infrastructure
146.28(xxii) .1938 cent per ton for land acquisition for phase one of Cook Airport project;
146.29(xxiii) 1.0336 cents per ton to the city of Coleraine for water and sewer
146.30improvements along Gayley Avenue;
146.31(xxiv) .3876 cent per ton to the city of Marble for construction of a city
146.33(xxv) .1292 cent per ton to the city of Calumet for repairs at city hall and the
146.35(xxvi) .6460 cent per ton to the city of Nashwauk for electrical infrastructure
147.1(xxvii) 1.0336 cents per ton to the city of Keewatin for water and sewer upgrades
147.2along Depot Street;
147.3(xxviii) .2584 cent per ton to the city of Aitkin for water, sewer, street, and gutter
147.5(xxix) 1.1628 cents per ton to the city of Grand Rapids for water and sewer
147.6infrastructure upgrades at Pokegema Golf Course and Park Place;
147.7(xxx) .1809 cent per ton to the city of Grand Rapids for water and sewer upgrades
147.8for 1st Avenue from River Road to 3rd Street SE; and
147.9(xxxi) .9044 cent per ton to the city of Cohasset for upgrades to the railroad crossing
147.10at Highway 2 and County Road 62.
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,
. The Iron Range Resources and Rehabilitation Board with
a majority vote of
147.21 the members, approval by at least seven Iron Range Resources and Rehabilitation Board
may waive the requirements of this paragraph.
(c) Upon approval by
a majority of the members of the Iron Range Resources and
147.24 Rehabilitation Board, at least seven Iron Range Resources and Rehabilitation Board
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
the board at least seven Iron Range
147.29Resources and Rehabilitation Board members,
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
, relating to the taconite area environmental protection fund.
148.3EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 16. Minnesota Statutes 2008, section 298.227, is amended to read:
148.5298.227 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
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
the board rejects
a proposed expenditure is not approved by at least seven Iron Range Resources and
148.27Rehabilitation Board members
, the funds must be deposited in the Taconite Environmental
Protection Fund under sections
. 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
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
and the Douglas J. Johnson economic protection
trust fund created in section
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.
Notwithstanding 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
the Iron Range Resources and Rehabilitation Board at least seven
149.22Iron Range Resources and Rehabilitation Board members
; interest must be payable on the
loan at the rate prescribed in section
Repayments of the loan
and interest must be deposited in the
northeast Minnesota economic development taconite
established in section
298.2213 under sections 298.222 to
. 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
northeast Minnesota economic development taconite environment protection
149.29sections 298.222 to 298.225
Money 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
149.35(c) Repayment or transfer of money to the taconite environmental protection fund
149.36under paragraph (b), item (ii), must be allocated by the Iron Range Resources and
150.1Rehabilitation Board for public works projects in house legislative districts in the same
150.2proportion as taxable tonnage of production in 2007 in each house legislative district, for
150.3distribution in 2008, bears to total taxable tonnage of production in 2007, for distribution
150.4in 2008. Not withstanding any other law to the contrary, expenditures under this paragraph
150.5do not require approval by the governor. For purposes of this paragraph, "house legislative
150.6districts" means the legislative districts in existence on the effective date of this section.
150.7EFFECTIVE DATE.This section is effective the day following final enactment.
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
. The Iron Range Higher Education committee under section
and the Iron Range Resources and Rehabilitation Board by an affirmative vote
150.15of at least seven Iron Range Resources and Rehabilitation Board members,
all expenditures from the account.
150.17EFFECTIVE DATE.This section is effective the day following final enactment.
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
(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
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
by a majority vote of the board by at least
151.21seven Iron Range Resources and Rehabilitation Board members
. 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
151.25EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 19. [298.2931] TRANSFER OF FUNDS.
151.27The amount deposited in the Douglas J. Johnson Economic Protection Trust Fund
151.28in 2009 in repayment of a loan for the Mesabi Nugget, LLC project at Silver Bay shall
151.29be transferred to the taconite environmental protection fund and deposited in a special
151.30account to be used as provided under section 298.223, subdivision 1, clause (6).
151.31EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 20. Minnesota Statutes 2008, section 298.294, is amended to read:
151.33298.294 INVESTMENT OF FUND.
The trust fund established by section
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 transferred, except as provided in paragraph (b),
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
. Amounts appropriated
pursuant to this section shall not cancel but shall remain available unless expended.
152.11(b) For fiscal years 2010 and 2011 only, $1,000,000 of the net interest, dividends,
152.12and other earnings under paragraph (a) shall be transferred to a special account. Funds in
152.13the special account are available for loans or grants to businesses, with priority given to
152.14businesses with 25 or fewer employees. Funds may be used for wage subsidies of up to $5
152.15per hour or other activities that will create additional jobs in the taconite assistance area
152.16under section 273.1341. Expenditures from the special account must be approved by at
152.17least seven Iron Range Resources and Rehabilitation Board members.
152.18(c) To qualify for a grant or loan, a business must be currently operating and have
152.19been operating for one year immediately prior to its application for a loan or grant, and its
152.20corporate headquarters must be located in the taconite assistance area.
152.21EFFECTIVE DATE.This section is effective the day following final enactment.
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
, may be taken from the corpus of
(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
(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
(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,
(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
(g) Additionally, notwithstanding section
, upon the
of a majority of the members of the board, of at least seven Iron Range Resources and
153.25Rehabilitation Board members,
money from the corpus of the trust may be expanded to
purchase forest lands within the taconite assistance area as provided in sections
subdivision 5a, and
298.292, subdivision 2
, clause (5).
153.28EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 22. Minnesota Statutes 2008, section 298.2961, is amended to read:
153.30298.2961 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
appropriated for grants to producers on a project-by-project basis as provided in this
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
and the Douglas J. Johnson economic protection trust fund created in section
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
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
154.28 of the members of the Iron Range Resources and Rehabilitation Board, at least seven Iron
154.29Range Resources and Rehabilitation Board members,
established under section
(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
, subdivision 1.
Subd. 5. Public works and local economic development fund.
For distributions in
2007 only, a special fund is established to receive
cents per ton that otherwise would
be allocated under section
, subdivision 6. The following amounts are allocated to
St. Louis County acting as the fiscal agent for the recipients for the specific purposes:
cents per ton for the Central Iron Range Sanitary Sewer District for
construction of a combined wastewater facility and notwithstanding section
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
(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
(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
the Iron Range Resources
156.12 and Rehabilitation Board at least seven Iron Range Resources and Rehabilitation Board
; 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.
156.16 Subd. 6. Renewable energy. For distributions in 2009 only, a special account is
156.17established in the taconite environmental protection fund to receive 15.5 cents per ton that
156.18otherwise would be allocated under section
298.28, subdivision 6. The funds are available
156.19for cooperative projects between the Iron Range Resources and Rehabilitation Board and
156.20local governments for renewable energy initiatives.
156.21EFFECTIVE DATE.This section is effective the day following final enactment.
156.23HOUSING FINANCE AGENCY
Section 1. Minnesota Statutes 2008, section 327C.03, is amended by adding a
subdivision to read:
156.26 Subd. 6. Payment to the Minnesota manufactured home relocation trust fund.
156.27In the event a park owner has been assessed under section 327C.095, subdivision 12,
156.28paragraph (c), the park owner may collect the $12 annual payment required by section
156.29327C.095, subdivision 12, for participation in the relocation trust fund, as a lump sum
156.30or, along with monthly lot rent, a fee of no more than $1 per month to cover the cost of
156.31participating in the relocation trust fund. The $1 fee must be separately itemized and
156.32clearly labeled "Minnesota manufactured home relocation trust fund."
Sec. 2. Minnesota Statutes 2008, section 327C.095, subdivision 12, is amended to read:
Subd. 12. Payment to the Minnesota manufactured home relocation trust fund.
(a) If a manufactured home owner is required to move due to the conversion of all or a
portion of a manufactured home park to another use, the closure of a park, or cessation
of use of the land as a manufactured home park, the manufactured park owner shall,
upon the change in use, pay to the commissioner of finance for deposit in the Minnesota
manufactured home relocation trust fund under section
, the lesser amount of the
actual costs of moving or purchasing the manufactured home approved by the neutral
third party and paid by the Minnesota Housing Finance Agency under subdivision 13,
paragraph (a) or (e), or $3,250 for each single section manufactured home, and $6,000 for
each multisection manufactured home, for which a manufactured home owner has made
application for payment of relocation costs under subdivision 13, paragraph (c). The
manufactured home park owner shall make payments required under this section to the
Minnesota manufactured home relocation trust fund within 60 days of receipt of invoice
from the neutral third party.
(b) A manufactured home park owner is not required to make the payment prescribed
under paragraph (a), nor is a manufactured home owner entitled to compensation under
subdivision 13, paragraph (a) or (e), if:
(1) the manufactured home park owner relocates the manufactured home owner to
another space in the manufactured home park or to another manufactured home park at
the park owner's expense;
(2) the manufactured home owner is vacating the premises and has informed the
manufactured home park owner or manager of this prior to the mailing date of the closure
statement under subdivision 1;
(3) a manufactured home owner has abandoned the manufactured home, or the
manufactured home owner is not current on the monthly lot rental, personal property
, or has failed to pay the annual $12 payments to the Minnesota manufactured home
157.27 relocation trust fund when due
(4) the manufactured home owner has a pending eviction action for nonpayment of
lot rental amount under section
, which was filed against the manufactured home
owner prior to the mailing date of the closure statement under subdivision 1, and the writ
of recovery has been ordered by the district court;
(5) the conversion of all or a portion of a manufactured home park to another use,
the closure of a park, or cessation of use of the land as a manufactured home park is the
result of a taking or exercise of the power of eminent domain by a governmental entity
or public utility; or
(6) the owner of the manufactured home is not a resident of the manufactured home
park, as defined in section
327C.01, subdivision 9
, or the owner of the manufactured home
is a resident, but came to reside in the manufactured home park after the mailing date of
the closure statement under subdivision 1.
Owners of manufactured homes who rent lots in a manufactured home park shall
158.6 make annual payments to the park owner, to be deposited in the Minnesota manufactured
158.7 home relocation trust fund under section
462A.35 , in the amount of $12 per year, per
158.8 manufactured home, payable on August 15 of each year. On or before July 15 of each
158.9 year, the commissioner of finance shall prepare and post on the department's Web site a
158.10 generic invoice and cover letter explaining the purpose of the Minnesota manufactured
158.11 home relocation trust fund, the obligation of each manufactured home owner to make an
158.12 annual $12 payment into the fund, the due date, and the need to pay to the park owner for
158.13 collection, and a warning, in 14-point font, that if the annual payments are not made when
158.14 due, the manufactured home owner will not be eligible for compensation from the fund if
158.15 the manufactured home park closes. The park owner shall receive, record, and commingle
158.16 the payments and forward the payments to the commissioner of finance by September
158.17 15 of each year, with a summary by the park owner, certifying the name, address, and
158.18 payment amount of each remitter, and noting the names and address of manufactured home
158.19 owners who did not pay the $12 annual payment, sent to both the commissioner of finance
158.20 and the commissioner of the Minnesota Housing Finance Agency. The commissioner of
158.21 finance shall deposit the payments in the Minnesota manufactured home relocation trust
158.22 fund. The commissioner of finance shall annually assess each manufactured home park
158.23owner by mail the total amount of $12 for each licensed lot in their park, payable on
158.24or before September 15 of each year. The commissioner of finance shall deposit the
158.25payments in the Minnesota manufactured home relocation trust fund. On or before July
158.2615 of each year, the commissioner of finance shall prepare and distribute to park owners
158.27a letter explaining the collection, an invoice for all licensed lots, and a sample form for
158.28the park owners to collect information on which park residents have been accounted for.
158.29The park owner may recoup the cost of the assessment with a monthly fee of no more
158.30than $1 collected from park residents together with monthly lot rent as provided in section
158.31327C.03, subdivision 1. Park owners may adjust payment for lots in their park that are
158.32vacant or otherwise not eligible for contribution to the trust fund under section 327C.095,
158.33subdivision 12, paragraph (b), and deduct from the assessment, accordingly.
(d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
159.2attorney fees, court costs, and disbursements.
Sec. 3. Minnesota Statutes 2008, section 462A.05, subdivision 14, is amended to read:
Subd. 14. Rehabilitation loans.
It may agree to purchase, make, or otherwise
participate in the making, and may enter into commitments for the purchase, making, or
participation in the making, of eligible loans for rehabilitation, with terms and conditions
159.7as the agency deems advisable,
to persons and families of low and moderate income, and
to owners of existing residential housing for occupancy by such persons and families,
for the rehabilitation of existing residential housing owned by them. The loans may be
insured or uninsured and may be made with security, or may be unsecured, as the agency
deems advisable. The loans may be in addition to or in combination with long-term
eligible mortgage loans under subdivision 3. They may be made in amounts sufficient
to refinance existing indebtedness secured by the property, if refinancing is determined
by the agency to be necessary to permit the owner to meet the owner's housing cost
without expending an unreasonable portion of the owner's income thereon. No loan for
rehabilitation shall be made unless the agency determines that the loan will be used
primarily to make the housing more desirable to live in, to increase the market value of the
housing, for compliance with state, county or municipal building, housing maintenance,
fire, health or similar codes and standards applicable to housing, or to accomplish energy
conservation related improvements. In unincorporated areas and municipalities not
having codes and standards, the agency may, solely for the purpose of administering
the provisions of this chapter, establish codes and standards. Except for accessibility
improvements under this subdivision and subdivisions 14a and 24, clause (1), no secured
loan for rehabilitation of any owner-occupied
property shall be made in an amount which,
with all other existing indebtedness secured by the property, would exceed 110 percent
of its market value, as determined by the agency. No loan under this subdivision for the
159.27rehabilitation of owner-occupied housing
shall be denied solely because the loan will not
be used for placing the owner-occupied
residential housing in full compliance with all
state, county, or municipal building, housing maintenance, fire, health, or similar codes
and standards applicable to housing. Rehabilitation loans shall be made only when the
agency determines that financing is not otherwise available, in whole or in part, from
private lenders upon equivalent terms and conditions. Accessibility rehabilitation loans
authorized under this subdivision may be made to eligible persons and families without
limitations relating to the maximum incomes of the borrowers if:
(1) the borrower or a member of the borrower's family requires a level of care
provided in a hospital, skilled nursing facility, or intermediate care facility for persons
with developmental disabilities;
(2) home care is appropriate; and
(3) the improvement will enable the borrower or a member of the borrower's family
to reside in the housing.
The agency may waive any requirement that the housing units in a residential housing
development be rented to persons of low and moderate income if the development consists
of four or less dwelling units, one of which is occupied by the owner.
Sec. 4. Minnesota Statutes 2008, section 462A.05, subdivision 14a, is amended to read:
Subd. 14a. Rehabilitation loans; existing owner occupied residential housing.
It may make loans to persons and families of low and moderate income to rehabilitate
or to assist in rehabilitating existing residential housing owned and occupied by those
persons or families. No loan shall be made unless the agency determines that the loan
will be used primarily for rehabilitation work necessary for health or safety, essential
accessibility improvements, or to improve the energy efficiency of the dwelling. No
loan for rehabilitation of owner occupied residential housing shall be denied solely
because the loan will not be used for placing the residential housing in full compliance
with all state, county or municipal building, housing maintenance, fire, health or similar
codes and standards applicable to housing. The amount of any loan shall not exceed the
lesser of (a) a maximum loan amount determined under rules adopted by the agency
not to exceed
, or (b) the actual cost of the work performed, or (c) that
portion of the cost of rehabilitation which the agency determines cannot otherwise be
paid by the person or family without the expenditure of an unreasonable portion of the
income of the person or family. Loans made in whole or in part with federal funds may
exceed the maximum loan amount to the extent necessary to comply with federal lead
abatement requirements prescribed by the funding source. In making loans, the agency
shall determine the circumstances under which and the terms and conditions under which
all or any portion of the loan will be repaid and shall determine the appropriate security
for the repayment of the loan. Loans pursuant to this subdivision may be made with
or without interest or periodic payments.
Sec. 5. Minnesota Statutes 2008, section 469.201, subdivision 2, is amended to read:
Subd. 2. City.
a city of the first class as defined in section
160.34 a city of the second class that is designated as an economically depressed area by the
161.1 United States Department of Commerce any statutory or home rule charter city, town, or
. For each city, a port authority, housing and redevelopment authority, or other
agency or instrumentality, the jurisdiction of which is the territory of the city, is included
within the meaning of city.
Sec. 6. Minnesota Statutes 2008, section 469.201, subdivision 4, is amended to read:
Subd. 4. City matching money.
(a) "City matching money" means the money of a
city specified in a targeted
revitalization program. The sources of city matching money
(1) money from the general fund or a special fund of a city used to implement a
(2) money paid or repaid to a city from the proceeds of a grant that a city has
received from the federal government, a profit or nonprofit corporation, or another entity
or individual, that is to be used to implement a targeted
(3) tax increments received by a city under sections
or other law,
if eligible, to be spent in the targeted
(4) the greater of the fair market value or the cost to the city of acquiring land,
buildings, equipment, or other real or personal property that a city contributes, grants,
leases, or loans to a profit or nonprofit corporation or other entity or individual, in
connection with the implementation of a targeted
(5) city money to be used to acquire, install, reinstall, repair, or improve the
infrastructure facilities of a targeted
(6) money contributed by a city to pay issuance costs, fund bond reserves, or to
otherwise provide financial support for revenue bonds or obligations issued by a city for a
project or program related to the implementation of a targeted
(7) money derived from fees received by a city in connection with its community
development activities that are to be used in implementing a targeted
(8) money derived from the apportionment to the city under section
special law, and expended in a targeted
for an activity related to
(9) administrative expenses of the city that are incurred in connection with the
planning, implementation, or reporting requirements of sections
(b) City matching money does not include:
(1) city money used to provide a service or to exercise a function that is ordinarily
provided throughout the city, unless an increased level of the service or function is
to be provided in a targeted
in accordance with a targeted
(2) the proceeds of bonds issued by the city under chapter 462C or 469 and payable
solely from repayments made by one or more nongovernmental persons in consideration
for the financing provided by the bonds; or
(3) money given by the state to fund any part of the targeted
Sec. 7. Minnesota Statutes 2008, section 469.201, subdivision 6, is amended to read:
Subd. 6. Housing activities.
"Housing activities" include any work or undertaking
to provide housing and related services and amenities primarily for persons and families of
low or moderate income. This work or undertaking may include the planning of buildings
and improvements; the acquisition of real property,
which may be needed
162.12to address vacancies, foreclosures, and preservation of housing now
or in the future
162.13 housing purposes and the;
of any existing improvements; activities to address
162.14lead abatement, energy efficiencies, or other activities related to the health of a building
and the construction, reconstruction, alteration, and repair of new and existing buildings.
Housing activities also include the provision of a housing rehabilitation and energy
improvement loan and grant program with respect to any residential property located
within the targeted
, the cost of relocation relating to acquiring
property for housing activities, and programs authorized by chapter 462C.
Sec. 8. Minnesota Statutes 2008, section 469.201, subdivision 7, is amended to read:
Subd. 7. Lost unit.
"Lost unit" means a rental housing unit that has been vacant
162.22for more than six months or has been condemned for code violations,
that is lost as a
result of revitalization activities because it is demolished, converted to an owner-occupied
unit that is not a cooperative, or converted to a nonresidential use, or because the gross
rent to be charged exceeds 125 percent of the gross rent charged for the unit six months
before the start of rehabilitation.
Sec. 9. Minnesota Statutes 2008, section 469.201, subdivision 10, is amended to read:
Subd. 10. Targeted
" means an area including one or more census tracts, as determined and
measured by the Bureau of Census of the United States Department of Commerce, that
a city council determines in a resolution adopted under section
469.202, subdivision 1
meets the criteria of section
469.202, subdivision 2
, and any additional area designated
469.202, subdivision 3
Sec. 10. Minnesota Statutes 2008, section 469.201, subdivision 11, is amended to read:
Subd. 11. Targeted
neighborhood community money.
money" means the money designated in the targeted
revitalization program to
be used to implement the targeted
Sec. 11. Minnesota Statutes 2008, section 469.201, subdivision 12, is amended to read:
Subd. 12. Targeted
neighborhood community revitalization and financing
revitalization and financing program,"
"revitalization program," or "program" means the targeted
revitalization and financing program adopted in accordance with section
Sec. 12. Minnesota Statutes 2008, section 469.202, is amended to read:
163.11469.202 DESIGNATION OF TARGETED
Subdivision 1. City authority.
A city may by resolution designate a
within its borders after adopting detailed findings that the
meet the eligibility requirements in subdivision 2
Subd. 2. Eligibility requirements for targeted
area within a city is eligible for designation as a targeted
of the following
(a) The area had an unemployment rate that was twice the unemployment rate for
the Minneapolis and Saint Paul standard metropolitan statistical area as determined by
the most recent federal decennial census.
(b) The median household income in the area was no more than
half 80 percent of
the median household income for the Minneapolis and Saint Paul standard metropolitan
statistical area as determined by the most recent federal decennial census.
(c) The area is characterized by residential dwelling units in need of substantial
rehabilitation. An area qualifies under this paragraph if 25 percent or more of the
residential dwelling units are in substandard condition as determined by the city, or if 70
percent or more of the residential dwelling units in the area were built before
determined by the most recent federal decennial census.
163.31(d) The area is characterized by having a disproportionate number of vacant
163.32residential buildings and mortgage foreclosures. An area qualifies under this paragraph
163.33if it has either:
163.34(1) a foreclosure rate of at least 1.5 percent in 2008; or
164.1(2) a foreclosure rate in 2008 in the city or in a zip code area of the city that is at
164.2least 50 percent higher than the average foreclosure rate in the metropolitan area, as
164.3defined in section 473.121, subdivision 2. For purposes of this paragraph, "foreclosure
164.4rate" means the number of foreclosures, as indicated by sheriff sales records, divided by
164.5the number of households in the city in 2007.
Subd. 3. Additional area eligible for inclusion in targeted
(a) A city may add to the area designated as a targeted
under subdivision 2 additional area extending up to four contiguous city
blocks in all directions from the designated targeted
. For the
purpose of this subdivision, "city block" has the meaning determined by the city; or
(b) The city may enlarge the targeted
to include portions
of a census tract that is contiguous to a targeted
, provided that
the city council first determines the additional area satisfies
criteria in subdivision 2.
Sec. 13. Minnesota Statutes 2008, section 469.203, subdivision 1, is amended to read:
Subdivision 1. Requirements.
For each targeted
which a city requests state financial assistance under section
, the city must
prepare a comprehensive revitalization and financing program that includes the following:
(1) the revitalization objectives of the city for the targeted
(2) the specific activities or means by which the city intends to pursue and implement
the revitalization objectives;
(3) the extent to which the activities identified in clause (2) will benefit low-
and moderate-income families, will alleviate the blighted condition of the targeted
, or will otherwise assist in the revitalization of the targeted
(4) a statement of the intended outcomes to be achieved by implementation of the
revitalization program, how the outcomes will be measured both qualitatively and
quantitatively, and the estimated time over which they will occur; and
(5) a financing program and budget that identifies the financial resources necessary
to implement the targeted
revitalization program, including:
(i) the estimated total cost to implement the targeted
(ii) the estimated cost to implement each activity in the revitalization program
identified in clause (2);
(iii) the estimated amount of financial resources that will be available from all
sources other than from the appropriation available under section
the revitalization program, including the amount of private investment expected to result
from the use of public money in the targeted
(iv) the estimated amount of the appropriation available under section
will be necessary to implement the targeted
(v) a description of the activities identified in the targeted
revitalization program for
which the state appropriation will be committed or spent; and
(vi) a statement of how the city intends to meet the requirement for a financial
contribution from city matching money
in accordance with section
469.204, subdivision 3
Sec. 14. Minnesota Statutes 2008, section 469.203, subdivision 2, is amended to read:
Subd. 2. Targeted
neighborhood community participation in preparing
A city requesting state financial assistance under section
a process to involve the residents of targeted
in the development, drafting, and implementation of the targeted
revitalization program. The process shall include the use of a citizen participation
process established by the city. A description of the process must be included in the
program. The process to involve residents of the targeted
must include at least one public
hearing. The city of Minneapolis shall establish the
165.18 community-based process as outlined in subdivision 3. The city of St. Paul shall use
165.19 the same community-based process the city used in planning, developing, drafting, and
165.20 implementing the revitalization program required under Laws 1987, chapter 386, article 6,
165.21 section 6. The city of Duluth shall use the same citizen participation process the city used
165.22 in planning, developing, and implementing the federal funded community development
165.23 program meeting in the targeted community
Sec. 15. Minnesota Statutes 2008, section 469.203, subdivision 4, is amended to read:
Subd. 4. City approval of program.
(a) Before or after
adoption of a revitalization
program under paragraph (b), the city must submit a preliminary program to the
commissioner and the Minnesota Housing Finance Agency for their comments.
165.28 may not adopt the revitalization program until comments have been received from the
165.29 state agencies or 30 days have elapsed without response after the program was sent to
Comments received by the city from the state agencies within
the 30-day period 30
165.31days after submission of the preliminary program
must be responded to in writing by the
before adoption of the program by the city
(b) The city may adopt a targeted
only after holding a public
165.34 hearing after the program has been prepared. Notice of the hearing must be provided in a
166.1 newspaper of general circulation in the city and in the most widely circulated community
166.2 newspaper in the targeted neighborhoods not less than ten days nor more than 30 days
166.3 before the date of the hearing subject to any local public notification requirements
166.4and consistent with citizen participation process established for identifying targeted
(c) A certification by the city that a targeted
revitalization program has been
approved by the city council for the targeted
must be provided
to the commissioner together with a copy of the program. A copy of the program must
also be provided to the Minnesota Housing Finance Agency
and the commissioner of
166.10 employment and economic development
(d) A targeted
revitalization program for the city may be modified at any time by
the city council after a public hearing, notice of which is published in a newspaper of
general circulation in the city
and in the targeted neighborhood
at least ten days nor
more than 30 days before the date of the hearing. If the city council determines that the
proposed modification is a significant modification to the program originally certified
under paragraph (c), the city council shall implement the targeted
approval and certification process of this subdivision for the proposed modification.
Sec. 16. Minnesota Statutes 2008, section 469.204, subdivision 1, is amended to read:
Subdivision 1. Payment of state money.
Upon receipt from a city of a certification
that a revitalization program has been adopted or modified, the commissioner shall, within
30 days, pay to the city the amount of state money identified as necessary to implement
the revitalization program or program modification. State money may be paid to the
city only to the extent that the appropriation limit for the city
specified in subdivision 2
is not exceeded. Once the state money has been paid to the city, it becomes targeted
money for use by the city in accordance with an adopted
revitalization program and subject only to the restrictions on its use in sections
Sec. 17. Minnesota Statutes 2008, section 469.204, is amended by adding a subdivision
166.30 Subd. 4. Revolving fund. A targeted community revitalization revolving fund
166.31is established in the state treasury. The fund consists of all money appropriated to the
166.32commissioner for the purposes of sections 469.201 to 469.207 and all proceeds received
166.33by the commissioner as the result of housing activities related to a targeted community
Sec. 18. Minnesota Statutes 2008, section 469.205, is amended to read:
167.2469.205 CITY POWERS; USES OF TARGETED
Subdivision 1. Consolidation of existing powers in targeted
A city may exercise any of its corporate powers within a targeted
. Those powers shall include, but not be limited to, all of
the powers enumerated and granted to any city by chapters 462C, 469, and 474A. For
the purposes of sections
, a targeted
considered an industrial development district. A city may exercise the powers of sections
in conjunction with, and in addition to, exercising the powers granted
and chapter 462C, in order to promote and assist housing
construction and rehabilitation within a targeted
. For the
purposes of section
462C.02, subdivision 9
, a targeted
considered a "targeted area."
Subd. 2. Grants and loans.
In addition to the authority granted by other law, a city
may make grants, loans, and other forms of public assistance to individuals, for-profit and
nonprofit corporations, and other organizations to implement a targeted
program. The public assistance must contain the terms the city considers proper to
implement a targeted
Subd. 3. Eligible uses of targeted
neighborhood community money.
The city may
money for any purpose authorized by subdivision
1 or 2, except that an amount equal to at least 50 percent of the state payment under section
made to the city must be used for housing activities. Use of
money must be authorized in a targeted
Sec. 19. Minnesota Statutes 2008, section 469.207, subdivision 2, is amended to read:
Subd. 2. Annual report.
A city that begins to implement a revitalization program
in a calendar year must, by March 1 of the succeeding calendar year, provide a detailed
report on the revitalization program or programs being implemented in the city. The report
must describe the status of the program implementation and analyze whether the intended
outcomes identified in section
469.203, subdivision 1
, clause (4), are being achieved. The
report must include at least the following:
(1) the number of housing units, including lost units, removed, created, lost,
replaced, relocated, and assisted as a result of the program. The level of rent of the units
and the income of the households affected must be included in the report;
(2) the number and type of commercial establishments removed, created, and
assisted as a result of a revitalization program. The report must include information
regarding the number of new jobs created by category, whether the jobs are full time or
part time, and the salary or wage levels of both new and expanded jobs in the affected
(3) a description of a statement of the cost of the public improvement projects that
are part of the program and the number of jobs created for each $20,000 of money spent
on commercial projects and applicable public improvement projects;
(4) the increase in the tax capacity for the city as a result of the assistance to
commercial and housing assistance; and
(5) the amount of private investment that is a result of the use of public money
in a targeted
The report must be submitted to the commissioner, the Minnesota housing finance
agency, and the legislative audit commission, and must be available to the public.
Sec. 20. Minnesota Statutes 2008, section 580.07, is amended to read:
168.17 Subdivision 1. Postponement by mortgagee.
The sale may be postponed, from
time to time, by the party conducting the foreclosure, by inserting a notice of the
postponement, as soon as practicable, in the newspaper in which the original advertisement
was published, at the expense of the party requesting the postponement. The notice shall
be published only once.
168.22 Subd. 2. Postponement by mortgagor or owner. (a) If all or a part of the property
168.23to be sold is classified as homestead under section 273.124 and contains one to four
168.24dwelling units, the mortgagor or owner may postpone the sale to the first date that is not
168.25a Saturday, Sunday, or legal holiday and is five months after the originally scheduled
168.26date of sale in the manner provided in this subdivision. To postpone a foreclosure sale
168.27pursuant to this subdivision, at any time after the first publication of the notice of mortgage
168.28foreclosure sale under section 580.03 but at least 15 days prior to the scheduled sale date
168.29specified in that notice, the mortgagor shall: (1) execute a sworn affidavit in the form set
168.30forth in subdivision 3, (2) record the affidavit in the office of each county recorder and
168.31registrar of titles where the mortgage was recorded, and (3) file with the sheriff conducting
168.32the sale and deliver to the attorney foreclosing the mortgage, a copy of the recorded
168.33affidavit, showing the date and office in which the affidavit was recorded. Recording of
168.34the affidavit and postponement of the foreclosure sale pursuant to this subdivision shall
168.35automatically reduce the mortgagor's redemption period under section 580.23 to five
169.1weeks. The postponement of a foreclosure sale pursuant to this subdivision does not
169.2require any change in the contents of the notice of sale, service of the notice of sale if the
169.3occupant was served with the notice of sale prior to postponement under this subdivision,
169.4or publication of the notice of sale if publication was commenced prior to postponement
169.5under this subdivision, notwithstanding the service and publication time periods specified
169.6in section 580.03, but the sheriff's certificate of sale shall indicate the actual date of the
169.7foreclosure sale and the actual length of the mortgagor's redemption period. No notice
169.8of postponement need be published. An affidavit complying with subdivision 3 shall be
169.9prima facie evidence of the facts stated therein, and shall be entitled to be recorded. The
169.10right to postpone a foreclosure sale pursuant to this subdivision may be exercised only
169.11once, regardless whether the mortgagor reinstates the mortgage prior to the postponed
169.12mortgage foreclosure sale.
169.13(b) If the automatic stay under United States Code, title 11, section 362, applies
169.14to the mortgage foreclosure after a mortgagor or owner requests postponement of the
169.15sheriff's sale under this section, then when the automatic stay is no longer applicable, the
169.16mortgagor's or owner's election to shorten the redemption period to five weeks under this
169.17section remains applicable to the mortgage foreclosure.
169.18 Subd. 3. Affidavit form. The affidavit referred to in subdivision 2 shall be in
169.19substantially the following form and shall contain all of the following information.
169.20STATE OF ______________
169.21COUNTY OF ______________
169.22 ________________________________________ (whether one or more, "Owner"),
169.23being first duly sworn on oath, states as follows:
169.24 1. (He is) (She is) (They are) the owner(s) or mortgagor(s) of the real property (the
169.25"Property") situated in __________ (Name of) County, Minnesota, legally described in the
169.26attached published Notice of Mortgage Foreclosure Sale (the "Notice"), and make this
169.27affidavit for the purpose of postponing the foreclosure sale of the Property pursuant to
169.28Minnesota Statutes, section 580.07, subdivision 2, for five months from the date scheduled
169.29in the attached Notice.
169.30 2. The Property is classified as homestead under Minnesota Statutes, section
169.31273.124, is occupied by Owner as a homestead, and is improved with not more than
169.32four dwelling units.
169.33 3. Owner has elected to shorten Owner's redemption period from any foreclosure
169.34sale of the Property to five weeks in exchange for the postponement of the foreclosure
169.35sale for five months.
170.1___________________________________________ (signature(s) of owner)
170.2Signed and sworn to (or affirmed) before me on .......... (date) by ................ (name(s)
170.3of person(s) making statement).
170.4___________________________________________ (signature of notary public)
170.6EFFECTIVE DATE.This section is effective one month after the date of final
170.7enactment, and applies to foreclosure sales scheduled to occur on or after said effective
Sec. 21. REPEALER.
170.10Minnesota Statutes 2008, sections 469.203, subdivision 3; and 469.204, subdivisions
170.112 and 3, are repealed.
Section 1. Minnesota Statutes 2008, section 129D.13, is amended to read:
Subdivision 1. Distribution.
The commissioner shall distribute the money provided
Annually the commissioner shall make block
grants which shall be distributed in equal amounts to public stations for operational costs.
The commissioner shall allocate money appropriated for the purposes of sections
in such a manner that each eligible public station receives a block grant. In
addition, the commissioner shall make matching grants to public stations. Matching grants
shall be used for operational costs and shall be allocated using the procedure developed
for distribution of state money under this section for grants made in fiscal year 1979. No
station's matching grant in any fiscal year shall exceed the amount of Minnesota-based
contributions received by that station in the previous fiscal year. Grants made pursuant to
this subdivision may only be given to those federally licensed stations that are certified as
eligible for community service grants through the Corporation for Public Broadcasting.
170.28Grant funds not expended by a station during the first year of the biennium do not cancel
170.29and may be carried over into the second fiscal year.
Subd. 2. Exclusions from contribution amount.
In calculating the amount of
contributions received by a public station pursuant to subdivision 1, there shall be
excluded: contributions, whether monetary or in kind, from the Corporation for Public
Broadcasting; tax generated funds, including payments by public or private elementary
and secondary schools; that portion of any foundation or corporation donation in excess
from any one contributor in
a calendar the previous station fiscal
contributions from any source if made for the purpose of capital expenditures; and
contributions from all sources based outside the state.
Subd. 3. Report.
station receiving a grant shall
by July 1 annually by August 1
to the commissioner the purposes for which the money
was used in the past
year and the anticipated use of the money in the next
year. This report shall be submitted along with a new grant request submission.
171.10 shall be certified by an independent auditor or a certified public accountant.
If the report
is not submitted
by September 1
, the commissioner
may withhold from the educational
171.12 station 45 percent of the amount to which it was entitled based upon the contribution of
171.13 the previous fiscal year, and
may redistribute that money to other educational stations.
Subd. 4. Program categories and funding programs. The Board of the Arts
171.15 may develop program categories and funding programs in television, film and other
171.16 public media.
Sec. 2. Minnesota Statutes 2008, section 129D.14, subdivision 4, is amended to read:
Subd. 4. Application.
To be eligible for a grant under this section, a licensee
shall submit an application to the commissioner
within the deadline prescribed by the
171.20 commissioner according to state grant policies
. Each noncommercial radio station
receiving a grant shall report annually
within the deadline prescribed
by August 1 to
commissioner the purposes for which the money was used in the past
year and the
anticipated use of the money for the next
year. This report shall be submitted along
171.24with a new grant request submission.
If the application and report are not submitted within
the deadline prescribed by the commissioner, the grant may be redistributed to the other
noncommercial radio stations eligible for a grant under this section.
Sec. 3. Minnesota Statutes 2008, section 129D.14, subdivision 5, is amended to read:
Subd. 5. State community service block grants.
(a) The commissioner shall
determine eligibility for block grants and the allocation of block grant money on the basis
of audited financial records of the station to receive the block grant funds for the station's
fiscal year preceding the year in which the grant is made, as well as on the basis of the
other requirements set forth in this section. The commissioner shall annually distribute
block grants equally to all stations that comply with the eligibility requirements and for
which a licensee applies for a block grant. Grant funds not expended by a station during
172.1the first year of the biennium do not cancel and may be carried over into the second fiscal
The commissioner may promulgate rules to implement this section.
(b) A station may use grant money under this section for any radio station expenses.
Sec. 4. Minnesota Statutes 2008, section 129D.14, subdivision 6, is amended to read:
Subd. 6. Audit.
A station that receives a grant under this section shall have an
audit of its financial records made by an independent auditor or Corporation for Public
Broadcasting accepted audit
at the end of for
it received the grant.
The audit shall include a review of station promotion, operation, and management and an
172.9 analysis of the station's use of the grant money.
A copy of the most recent
audit shall be
filed with the commissioner.
If neither is available,
The commissioner may accept a letter
of negative assurance from an independent auditor or a certified public accountant.
Sec. 5. Minnesota Statutes 2008, section 129D.155, is amended to read:
172.13129D.155 REPAYMENT OF FUNDS.
State funds distributed to public television or noncommercial radio stations and used
to purchase equipment assets must be repaid to the state, without interest, if the assets
purchased with these funds are sold within five years
or otherwise converted to a person
other than a nonprofit or municipal corporation. The amount due to the state shall be the
net amount realized from the sale of the assets, but shall not exceed the amount of state
funds advanced for the purchase of the asset.
Public television and noncommercial radio
172.20 stations receiving state funds must report biennially to the legislature on the location and
172.21 usage of assets purchased with state funds.
Sec. 6. COLOCATION REPORT.
172.23 The Management Analysis Division of the Department of Finance must study and
172.24report to the legislature by January 15, 2010, on possible colocation of the offices of the
172.25Council on Black Minnesotans, the Council on Affairs of Chicano/Latino People, the
172.26Council on Asian-Pacific Minnesotans, and the metropolitan area office of the Indian
172.27Affairs Council. The report must include analysis of potential cost savings, when those
172.28savings could be realized, and the effect of potential colocation on operations of the
Sec. 7. REVISOR'S INSTRUCTION.
173.1 In Minnesota Statutes, the revisor of statutes shall change the term "commission" to
173.2"center" wherever the term appears as part of or in reference to "Minnesota Humanities