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Minnesota Legislature

Office of the Revisor of Statutes

SF 2081

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:34pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19
2.20 2.21
2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30
2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 2.41 2.42
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 3.37 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 11.36 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 14.36 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 18.1 18.2 18.3 18.4 18.5 18.6
18.7 18.8 18.9 18.10
18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27
19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18
23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 23.35 23.36 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29
24.30 24.31 24.32 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12
25.13 25.14 25.15 25.16
25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23
26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31
27.1 27.2
27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7
28.8
28.9 28.10 28.11 28.12
28.13 28.14
28.15
28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27
28.28 28.29 28.30 28.31 29.1 29.2
29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10
29.11 29.12 29.13
29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22
29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25
30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11
31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34
32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14
32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 33.36 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 34.36 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 36.36 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24
37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 38.1 38.2 38.3 38.4
38.5
38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17
38.18
38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30
38.31
38.32 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17
39.18
39.19 39.20 39.21
39.22
39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 40.1 40.2 40.3 40.4 40.5 40.6
40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27
40.28
40.29 40.30 40.31 40.32 40.33 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15
41.16
41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16
42.17
42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10
43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26
44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 45.1 45.2 45.3 45.4
45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18
45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26
46.27
46.28 46.29 46.30 46.31 46.32 46.33 46.34
47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20
47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33
47.34 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20
48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 49.1 49.2 49.3
49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32
49.33 49.34 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8
50.9 50.10 50.11 50.12 50.13
50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8
51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18
51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35 52.36 53.1 53.2 53.3 53.4 53.5 53.6 53.7
53.8 53.9 53.10 53.11 53.12 53.13 53.14
53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15
54.16 54.17 54.18 54.19 54.20
54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15
55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 55.35 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23
56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23
57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 58.1 58.2 58.3 58.4
58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13
58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17
59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10
60.11 60.12 60.13 60.14 60.15 60.16
60.17 60.18 60.19 60.20
60.21 60.22 60.23 60.24
60.25
60.26 60.27
60.28 60.29 60.30 60.31 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22
61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21
62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 63.1 63.2
63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16
63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28
63.29 63.30 63.31 63.32 63.33 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25
64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25
65.26 65.27
65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14
66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32
66.33 66.34 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15
67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 68.36 69.1
69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28
69.29 69.30 69.31 69.32 69.33 70.1 70.2 70.3 70.4
70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18
70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16
71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31
71.32 71.33 71.34 72.1 72.2 72.3 72.4
72.5 72.6
72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18
72.19 72.20 72.21 72.22
72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22
73.23 73.24 73.25 73.26 73.27 73.28
73.29 73.30 73.31 73.32 73.33 74.1 74.2
74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11
74.12 74.13 74.14 74.15 74.16
74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 75.1 75.2 75.3
75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17
75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 76.1 76.2 76.3
76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16
76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29
77.30 77.31 77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15
78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 79.36 80.1 80.2 80.3 80.4
80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16
80.17 80.18 80.19 80.20 80.21 80.22 80.23
80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31
80.32 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12
81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 81.35 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12
82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 83.1 83.2 83.3 83.4
83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14
83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26
83.27 83.28 83.29 83.30 83.31 83.32 83.33 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20
84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9
85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28
85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34
86.35 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23
87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 87.35 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 88.35 88.36 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24
89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 90.1 90.2
90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10
90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 90.34 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31
91.32 91.33 91.34 91.35 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 92.35 92.36 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14
93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28
93.29 93.30 93.31 93.32 93.33 93.34 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 94.35 94.36 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9
95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 95.34 95.35 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 96.35
97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24
97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 97.35 98.1 98.2 98.3 98.4
98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20
98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28
98.29 98.30 98.31 98.32 98.33 99.1 99.2 99.3
99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17
99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 100.1 100.2
100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24
100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21
101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15
102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26
102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 103.1 103.2 103.3 103.4 103.5 103.6
103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16
103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30
103.31 103.32 103.33
104.1 104.2 104.3
104.4 104.5 104.6
104.7 104.8
104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19
104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 105.1 105.2 105.3 105.4 105.5
105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 105.34
106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11
106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 107.1 107.2 107.3
107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24
107.25 107.26 107.27 107.28 107.29
107.30 107.31 107.32 107.33 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12
108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32
108.33 108.34 108.35
109.1 109.2 109.3 109.4 109.5 109.6 109.7
109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25
110.26 110.27 110.28 110.29 110.30 110.31 110.32
110.33 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 111.35
112.1 112.2 112.3 112.4 112.5 112.6 112.7
112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19
112.20 112.21 112.22 112.23
112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16
113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25
113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16
114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30
114.31 114.32 114.33 114.34 115.1 115.2
115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17
115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28
115.29 115.30 115.31 115.32 115.33 116.1 116.2 116.3 116.4 116.5 116.6
116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14
116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26
116.27 116.28 116.29 116.30 116.31 116.32 116.33 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 117.35 117.36 118.1 118.2
118.3 118.4 118.5 118.6 118.7 118.8 118.9
118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23
118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 119.1 119.2 119.3
119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19
119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9
120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 120.35 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20
121.21 121.22
121.23 121.24
121.25 121.26
121.27 121.28 121.29 121.30 121.31 121.32 121.33 122.1 122.2 122.3 122.4 122.5
122.6 122.7 122.8 122.9
122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28
122.29 122.30 122.31 122.32 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19
123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28
123.29 123.30 123.31 123.32 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 124.35 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8
125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 126.1 126.2 126.3 126.4 126.5
126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 127.1 127.2 127.3 127.4 127.5 127.6
127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33
128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 128.35 128.36 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18
129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34 129.35 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8
130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 131.35 131.36 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 134.35 135.1 135.2 135.3 135.4 135.5 135.6 135.7
135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26
135.27 135.28 135.29 135.30 135.31 135.32 135.33 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10
136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18
136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33
137.1 137.2 137.3
137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 137.34 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14
138.15
138.16 138.17 138.18 138.19 138.20 138.21 138.22
138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32
138.33 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 139.34 139.35 139.36
140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 140.34 140.35 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8
141.9
141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20
141.21 141.22 141.23 141.24 141.25
141.26 141.27 141.28 141.29 141.30 141.31 141.32 142.1 142.2 142.3
142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 143.35 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 144.35 144.36 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10
145.11 145.12 145.13
145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 145.35 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22
146.23 146.24 146.25
146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21
147.22 147.23
147.24 147.25
147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 147.36 148.1 148.2 148.3
148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29
148.30 148.31 148.32
148.33 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30
149.31
149.32 149.33 149.34 149.35 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20
150.21 150.22 150.23 150.24 150.25 150.26 150.27
150.28 150.29 150.30 150.31 150.32 150.33 150.34 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18
151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 151.35 152.1 152.2 152.3 152.4
152.5
152.6 152.7 152.8 152.9 152.10
152.11
152.12 152.13 152.14 152.15 152.16 152.17 152.18
152.19
152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17
153.18
153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 153.34 154.1 154.2
154.3
154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20
154.21
154.22 154.23 154.24 154.25
154.26
154.27 154.28 154.29 154.30 154.31 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 155.35 155.36 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 156.35 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21
157.22
157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 157.34 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 158.35 158.36 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25
159.26
159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35
160.1
160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 160.35 161.1 161.2 161.3 161.4 161.5 161.6
161.7
161.8 161.9 161.10 161.11 161.12
161.13
161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 162.1 162.2 162.3
162.4
162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12
163.13
163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 164.35 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 165.34 165.35 165.36 166.1 166.2 166.3 166.4 166.5
166.6
166.7 166.8
166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17
166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 167.34 167.35 167.36 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22
168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 168.35 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 169.34 169.35 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 170.34 170.35 170.36 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15
171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 171.34 171.35 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21
172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 172.34 172.35 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8
173.9 173.10 173.11 173.12 173.13 173.14 173.15
173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20
174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33
174.34 175.1 175.2 175.3 175.4 175.5 175.6
175.7 175.8 175.9 175.10 175.11 175.12 175.13
175.14 175.15 175.16 175.17
175.18 175.19 175.20 175.21 175.22
175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29
176.30 176.31 176.32 176.33 176.34 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24
177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 177.33 177.34 177.35 178.1 178.2 178.3 178.4
178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32
178.33 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9
179.10 179.11 179.12 179.13 179.14 179.15 179.16
179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 180.1 180.2 180.3 180.4 180.5 180.6 180.7
180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31
180.32 180.33 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 181.34 181.35 181.36 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23
182.24 182.25 182.26
182.27 182.28 182.29 182.30 182.31 182.32 182.33 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30
183.31
183.32 183.33 183.34
184.1 184.2
184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18
184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27
184.28 184.29 184.30 184.31 184.32 184.33 185.1 185.2 185.3
185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13
185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24
185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32
186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10
186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18
186.19 186.20 186.21 186.22
186.23 186.24

A bill for an act
relating to state government; amending certain employment and economic
development provisions; establishing and modifying certain projects, grants,
and programs; making technical changes; regulating certain activities and
practices; defining terms; 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; requiring certain reports; appropriating money; amending Minnesota
Statutes 2008, sections 15.75, subdivision 5; 16B.54, subdivision 2; 16C.28,
by adding a subdivision; 41A.02, subdivision 17; 41A.036, subdivisions 4, 5;
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, subdivisions 1, 2, 3; 129D.14,
subdivisions 4, 5, 6; 129D.155; 154.001; 154.003; 154.19; 154.44, subdivision
1; 154.51; 160.16, by adding a subdivision; 160.276, subdivision 8; 177.27,
subdivision 4; 177.30; 177.31; 177.32; 177.42, subdivision 6, by adding a
subdivision; 177.43, subdivision 3; 178.02, subdivision 2; 181.723, by adding a
subdivision; 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; 270.97; 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, subdivisions 13,
19; 326B.46, subdivision 4; 326B.475, subdivisions 4, 7; 326B.49, subdivision
1; 326B.56, subdivision 4; 326B.58; 326B.815, subdivision 1; 326B.821,
subdivision 2; 326B.86, subdivision 1; 326B.885, subdivision 2; 326B.89,
subdivisions 3, 16; 326B.94, subdivision 4; 326B.972; 326B.986, subdivisions 2,
5, 8; 327B.04, subdivisions 7, 8, by adding a subdivision; 327C.03, by adding
a subdivision; 327C.095, subdivisions 12, 13; 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; proposing coding for new law in Minnesota
Statutes, chapters 1; 116J; 137; 155A; 161; 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;
129D.13, subdivision 4; 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:

ARTICLE 1

JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS

Section 1. new text beginJOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.
new text end

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

new text begin 2010
new text end
new text begin 2011
new text end
new text begin Total
new text end
new text begin General
new text end
new text begin $
new text end
new text begin 133,947,000
new text end
new text begin $
new text end
new text begin 133,136,000
new text end
new text begin $
new text end
new text begin 267,083,000
new text end
new text begin Workforce Development
new text end
new text begin 17,976,000
new text end
new text begin 17,876,000
new text end
new text begin 35,852,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end
new text begin 1,400,000
new text end
new text begin Workers' Compensation
new text end
new text begin 22,574,000
new text end
new text begin 22,574,000
new text end
new text begin 45,148,000
new text end
new text begin Total
new text end
new text begin $
new text end
new text begin 175,197,000
new text end
new text begin $
new text end
new text begin 174,286,000
new text end
new text begin $
new text end
new text begin 349,483,000
new text end

Sec. 2. new text beginJOBS AND ECONOMIC DEVELOPMENT.
new text end

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

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

Sec. 3. new text beginDEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 58,277,000
new text end
new text begin $
new text end
new text begin 57,877,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 40,630,000
new text end
new text begin 40,330,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end
new text begin Workforce
Development
new text end
new text begin 16,947,000
new text end
new text begin 16,847,000
new text end

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

new text begin Subd. 2. new text end

new text begin Business and Community
Development
new text end

new text begin 8,980,000
new text end
new text begin 8,980,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 7,941,000
new text end
new text begin 7,941,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end
new text begin Workforce
Development
new text end
new text begin 339,000
new text end
new text begin 339,000
new text end

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

new text begin (b) $200,000 each year is from the general
fund for a grant to WomenVenture for
women's business development programs
and for programs that encourage and assist
women to enter nontraditional careers in the
trades; manual and technical occupations;
science, technology, engineering, and
mathematics-related occupations; and green
jobs. This appropriation may be matched
dollar for dollar with any resources available
from the federal government for these
purposes with priority given to initiatives
that have a goal of increasing by at least ten
percent the number of women in occupations
where women currently comprise less than 25
percent of the workforce. The appropriation
is available until expended.
new text end

new text begin (c) $105,000 each year is from the general
fund and $50,000 each year is from the
workforce development fund for a grant to
the Metropolitan Economic Development
Association for continuing minority business
development programs in the metropolitan
area. This appropriation must be used for the
sole purpose of providing free or reduced
fee business consulting services to minority
entrepreneurs and contractors.
new text end

new text begin (d)(1) $500,000 each year is from the
general fund for a grant to BioBusiness
Alliance of Minnesota for bioscience
business development programs to promote
and position the state as a global leader
in bioscience business activities. This
appropriation is added to the department's
base. These funds may be used to create,
recruit, retain, and expand biobusiness
activity in Minnesota; implement the
destination 2025 statewide plan; update
a statewide assessment of the bioscience
industry and the competitive position of
Minnesota-based bioscience businesses
relative to other states and other nations;
and develop and implement business and
scenario-planning models to create, recruit,
retain, and expand biobusiness activity in
Minnesota.
new text end

new text begin (2) The BioBusiness Alliance must report
each year by February 15 to the committees
of the house of representatives and the senate
having jurisdiction over bioscience industry
activity in Minnesota on the use of funds;
the number of bioscience businesses and
jobs created, recruited, retained, or expanded
in the state since the last reporting period;
the competitive position of the biobusiness
industry; and utilization rates and results of
the business and scenario-planning models
and outcomes resulting from utilization of
the business and scenario-planning models.
new text end

new text begin (e)(1) Of the money available in the
Minnesota Investment Fund, Minnesota
Statutes, section 116J.8731, to the
commissioner of the Department of
Employment and Economic Development,
up to $3,000,000 is appropriated in fiscal year
2010 for a loan to an aircraft manufacturing
and assembly company, associated with the
aerospace industry, for equipment utilized
to establish an aircraft completion center
at the Minneapolis-St. Paul International
Airport. The finishing center must use the
state's vocational training programs designed
specifically for aircraft maintenance training,
and to the extent possible, work to recruit
employees from these programs. The center
must create at least 200 new manufacturing
jobs within 24 months of receiving the
loan, and create not less than 500 new
manufacturing jobs over a five-year period
in Minnesota.
new text end

new text begin (2) This loan is not subject to loan limitations
under Minnesota Statutes, section 116J.8731,
subdivision 5. Any match requirements
under Minnesota Statutes, section 116J.8731,
subdivision 3, may be made from current
resources. This is a onetime appropriation
and is effective the day following final
enactment.
new text end

new text begin (f) $65,000 each year is from the general
fund for a grant to the Minnesota Inventors
Congress, of which at least $6,500 must be
used for youth inventors.
new text end

new text begin (g) $200,000 the first year and $200,000 the
second year are for the Office of Science and
Technology. This is a onetime appropriation.
new text end

new text begin (h) $500,000 the first year and $500,000 the
second year are for a grant to Enterprise
Minnesota, Inc., for the small business
growth acceleration program under
Minnesota Statutes, section 116O.115. This
is a onetime appropriation and is available
until expended.
new text end

new text begin (i)(1) $100,000 each year is from the
workforce development fund for a grant
under Minnesota Statutes, section 116J.421,
to the Rural Policy and Development
Center at St. Peter, Minnesota. The grant
shall be used for research and policy
analysis on emerging economic and social
issues in rural Minnesota, to serve as a
policy resource center for rural Minnesota
communities, to encourage collaboration
across higher education institutions, to
provide interdisciplinary team approaches
to research and problem-solving in rural
communities, and to administer overall
operations of the center.
new text end

new text begin (2) The grant shall be provided upon the
condition that each state-appropriated
dollar be matched with a nonstate dollar.
Acceptable matching funds are nonstate
contributions that the center has received and
have not been used to match previous state
grants. Any funds not spent the first year are
available the second year.
new text end

new text begin (j) Notwithstanding Minnesota Statutes,
section 268.18, subdivision 2, $414,000 of
funds collected for unemployment insurance
administration under this subdivision is
appropriated as follows: $250,000 to Lake
County for ice storm damage; $64,000 is for
the city of Green Isle for reimbursement of
fire relief efforts and other expenses incurred
as a result of the fire in the city of Green Isle;
and $100,000 is to develop the construction
mitigation pilot program to make grants for
up to five projects statewide available to local
government units to mitigate the impacts of
transportation construction on local small
business. These are onetime appropriations
and are available until expended.
new text end

new text begin (k) Up to $10,000,000 is appropriated
from the Minnesota minerals 21st century
fund to the commissioner of Iron Range
resources and rehabilitation to make a grant
or forgivable loan to a manufacturer of
windmill blades at a facility to be located
within the taconite tax relief area defined in
Minnesota Statutes, section 273.134.
new text end

new text begin (l) $1,000,000 is appropriated from the
Minnesota minerals 21st century fund to
the Board of Trustees of the Minnesota
State Colleges and Universities for a grant
to the Northeast Higher Education District
for planning, design, and construction of
classrooms and housing facilities for upper
division students in the engineering program.
new text end

new text begin (m)(1) $189,000 each year is appropriated
from the workforce development fund for
grants of $63,000 to eligible organizations
each year to assist in the development of
entrepreneurs and small businesses. Each
state grant dollar must be matched with $1
of nonstate funds. Any balance in the first
year does not cancel but is available in the
second year.
new text end

new text begin (2) Three grants must be awarded to
continue or to develop a program. One
grant must be awarded to the Riverbend
Center for Entrepreneurial Facilitation
in Blue Earth County, and two to other
organizations serving Faribault and Martin
Counties. Grant recipients must report to the
commissioner by February 1 of each year
that the organization receives a grant with the
number of customers served; the number of
businesses started, stabilized, or expanded;
the number of jobs created and retained; and
business success rates. The commissioner
must report to the house of representatives
and senate committees with jurisdiction
over economic development finance on the
effectiveness of these programs for assisting
in the development of entrepreneurs and
small businesses.
new text end

new text begin Subd. 3. new text end

new text begin Workforce Development
new text end

new text begin 46,871,000
new text end
new text begin 46,471,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 30,263,000
new text end
new text begin 29,963,000
new text end
new text begin Workforce
Development
new text end
new text begin 16,608,000
new text end
new text begin 16,508,000
new text end

new text begin (a) $4,562,000 each year is from the general
fund for the Minnesota job skills partnership
program under Minnesota Statutes, sections
116L.01 to 116L.17. If the appropriation for
either year is insufficient, the appropriation
for the other year is available. This
appropriation is available until spent.
new text end

new text begin (b) $8,800,000 each year is from the general
fund for the state's vocational rehabilitation
program under Minnesota Statutes, chapter
268A.
new text end

new text begin (c) $5,986,000 each year is from the general
fund for the state services for the blind
activities.
new text end

new text begin (d) $2,380,000 each year is from the general
fund for grants to centers for independent
living under Minnesota Statutes, section
268A.11.
new text end

new text begin (e) $350,000 each year is from the general
fund and $105,000 each year is from the
workforce development fund for a grant
under Minnesota Statutes, section 116J.8747,
to Twin Cities RISE! to provide training to
hard-to-train individuals. Funds unexpended
in the first year are available for expenditure
in the second year.
new text end

new text begin (f) $150,000 each year is from the general
fund and $50,000 each year is from the
workforce development fund for a grant
to Northern Connections in Perham to
implement and operate a workforce program
that provides one-stop supportive services
to individuals as they transition into the
workforce.
new text end

new text begin (g) $100,000 each year is from the workforce
development fund for a grant to the Ramsey
County Workforce Investment Board for the
development of the building lives program.
This is a onetime appropriation.
new text end

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

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

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

new text begin (k) Of the money available to Minnesota from
the American Recovery and Reinvestment
Act of 2009, Public Law 111-5, and allocated
to the Department of Employment and
Economic Development for activities
authorized under Title 1 of the Rehabilitation
Act of 1973 as amended and Code of
Federal Regulations, title 34, part 361, of its
implementing regulations, $250,000 is for
a grant to Minnesota Diversified Industries,
Inc. to assist individuals with disabilities to
obtain employment outcomes as defined in
Code of Federal Regulations, title 34, part
361.5 (B) (16). Funds expended must be
used for activities allowed under section 103
(a) of the Rehabilitation Act and Code of
Federal Regulations, title 34, part 361.48.
new text end

new text begin (l) $1,613,000 each year is from the general
fund for grants to programs that provide
employment support services to persons with
mental illness under Minnesota Statutes,
sections 268A.13 and 268A.14. Grants
may be used for special projects for young
people with mental illness transitioning from
school to work and people with serious
mental illness receiving services through
a mental health court or civil commitment
court. Special projects must demonstrate
interagency collaboration. Up to $77,000
each year may be used for administrative
expenses.
new text end

new text begin (m) $75,000 each year is from the workforce
development fund for a grant to MN
WORKS!, a nonprofit organization. The
nonprofit organization must work on behalf
of all licensed vendors to coordinate their
efforts to respond to solicitations or other
requests from private and governmental
units as defined in Minnesota Statutes,
section 471.59, subdivision 1, in order
to increase employment opportunities for
persons with disabilities. This is a onetime
appropriation and is available in either year
of the biennium. Any funds unexpended in
the first year are available for expenditure in
the second year.
new text end

new text begin (n) $145,000 each year is from the general
fund and $175,000 each year is from the
workforce development fund for a grant
under Minnesota Statutes, section 268A.03,
to Rise, Inc. for the Minnesota Employment
Center for People Who are Deaf or Hard of
Hearing. Money not expended the first year
is available the second year.
new text end

new text begin (o) $100,000 each year is from the general
fund and $200,000 each year is from the
workforce development fund for a grant to
Lifetrack Resources for its immigrant and
refugee collaborative program, including
those related to job-seeking skills and
workplace orientation, intensive job
development, functional work English, and
on-site job coaching. This appropriation may
also be used in Rochester.
new text end

new text begin (p) $3,500,000 each year is from the
workforce development fund for the
Minnesota youth program under Minnesota
Statutes, sections 116L.56 and 116L.561.
new text end

new text begin (q) $1,375,000 each year is from the
workforce development fund for the
Opportunities Industrialization Center
programs.
new text end

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

new text begin (s) $750,000 each year is from the workforce
development fund for a grant to the
Minnesota Alliance of Boys and Girls
Clubs to administer a statewide project
of youth jobs skills development. This
project, which may have career guidance
components, including health and life skills,
is to encourage, train, and assist youth in
job-seeking skills, workplace orientation,
and job-site knowledge through coaching.
This grant requires a 25 percent match from
nonstate resources.
new text end

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

new text begin (u) $1,000,000 each year is from the
workforce development fund for the
youthbuild program under Minnesota
Statutes, sections 116L.361 to 116L.366.
new text end

new text begin (v) $100,000 each year is from the
workforce development fund for grants
for the indigenous earthkeepers program
for American Indian youth environmental
education and training. Funds must be
used to provide programming for up to
80 American Indian youth ages 14 to 19.
The indigenous earthkeepers program must
use the environment, with native language
as its primary core, to develop student
academic skills and knowledge at Center
School and Healthy Nations Program of the
Minneapolis American Indian Center. The
program must foster a sense of civic and
environmental responsibility by providing
youth the opportunity to serve on small,
natural, and urban resource crews in the
Twin Cities metropolitan area and outside of
the metropolitan area. In addition, it must
build the capacity of these youths to improve
their lives in an indigenous-inspired and
culturally relevant manner. At a minimum,
the program curriculum must include water
studies, identification of waterway cleanup
sites, cleanup of waterways significant to
indigenous culture and education, plant
identification, gardening, and indigenous
language components. This is a onetime
appropriation and is available until expended.
new text end

new text begin (w) $340,000 each year is from the workforce
development fund for grants to provide
interpreters for a regional transition program
that specializes in providing culturally
appropriate transition services leading to
employment for deaf, hard-of-hearing, and
deaf-blind students.
new text end

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

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

new text begin (z) $100,000 the first year is from the
workforce development fund for a grant to a
Southeast Asian mutual assistance nonprofit
organization for an intensive intervention
transitional employment training project
to move refugee and immigrant welfare
recipients into unsubsidized employment
leading to economic self-sufficiency. An
organization may apply for a grant in the form
and manner established by the commissioner
of employment and economic development.
The organization that is awarded the grant
must have experience providing the services
required under this paragraph. The primary
effort must be on intensive employment
skills training, including workplace English
and overcoming cultural barriers, and on
specialized training in fields of work which
involve a credit-based curriculum. For
recipients without a high school diploma or
a GED, extra effort shall be made to help
the recipient meet the ability to benefit test
so the recipient can receive financial aid
for further training. During the specialized
training, efforts should be made to involve
the recipients with an internship program
and retention specialist. This appropriation
is not available until the commissioner of
finance has determined that at least an equal
amount has been committed from nonstate
funds. This is a onetime appropriation and is
available until expended.
new text end

new text begin (aa) $1,000,000 each year is from reserve
funds allocated to the Department of
Employment and Economic Development
under the American Recovery and
Reinvestment Act of 2009, Public Law
111-5, for Workforce Investment Act
adult and displaced worker programs for
on-the-job training for eligible persons in
counties with high unemployment. This is a
onetime appropriation.
new text end

new text begin (bb)(1) $150,000 each year is from the
workforce development fund for a grant
to the nonprofit organization selected to
administer the demonstration project for
high-risk adults under Laws 2007, chapter
54, article 1, section 19, in order to continue
the project for a second biennium. This is a
onetime appropriation and is available until
expended.
new text end

new text begin (2) The commissioners of the Housing
Finance Agency and employment and
economic development are directed to work
with the commissioner of public safety
to seek federal stimulus money available
through the Office of Justice to continue the
demonstration project under Laws 2007,
chapter 54, article 1, section 19, at a level
sufficient to reduce the rate per participant.
new text end

new text begin (cc) All Wagner-Peyser funds available to
the state for job seeker services under the
American Recovery and Reinvestment Act of
2009, Public Law 111-5, must be allocated to
workforce development centers for universal
job seeker services.
new text end

new text begin (dd)(1) All Workforce Investment Act
discretionary funds available to the
commissioner for workforce development
under the American Recovery and
Reinvestment Act of 2009, Public Law
111-5, must first be allocated to replace
reductions in state general fund or workforce
development fund resources for employment
and training or youth programs.
new text end

new text begin (2) The commissioner shall not use any
unallocated discretionary funds available to
the department under the American Recovery
and Reinvestment Act, Public Law 111-5,
to hire full-time or part-time staff or enter
into professional or technical contracts for
any purpose other than administration of
the unemployment insurance program or to
provide services to job seekers, including
assistance in filing for unemployment
benefits.
new text end

new text begin Subd. 4. new text end

new text begin State-Funded Administration
new text end

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

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

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

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

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

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

new text begin $
new text end
new text begin 10,717,000
new text end
new text begin $
new text end
new text begin 10,717,000
new text end

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

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

new text begin (2) Funding for the marketing grants is
available either year of the biennium.
Unexpended grant funds from the first year
are available in the second year.
new text end

new text begin (3) Unexpended money from the general
fund appropriations made under this section
does not cancel but must be placed in a
special marketing account for use by Explore
Minnesota Tourism for additional marketing
activities.
new text end

new text begin (c) $325,000 the first year and $325,000 the
second year are for the Minnesota Film and
TV Board. The appropriation in each year
is available only upon receipt by the board
of $1 in matching contributions of money or
in-kind contributions from nonstate sources
for every $3 provided by this appropriation,
except that each year up to $50,000 is
available on July 1 even if the required
matching contribution has not been received
by that date.
new text end

new text begin (d) $1,225,000 the first year and $1,225,000
the second year are appropriated for a grant
to the Minnesota Film and TV Board for
the film jobs production program under
Minnesota Statutes, section 116U.26. These
appropriations are available in either year
of the biennium and are available until
expended.
new text end

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

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 43,384,000
new text end
new text begin $
new text end
new text begin 43,384,000
new text end

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

new text begin This appropriation is for transfer to the
housing development fund for the programs
specified. Except as otherwise indicated, this
transfer is part of the agency's permanent
budget base.
new text end

new text begin Subd. 2. new text end

new text begin Challenge Program
new text end

new text begin 7,393,000
new text end
new text begin 7,393,000
new text end

new text begin For the economic development and housing
challenge program under Minnesota Statutes,
section 462A.33. Of this amount, $1,395,000
each year shall be made available during the
first 11 months of the fiscal year exclusively
for housing projects for American Indians.
Any funds not committed to housing projects
for American Indians in the first 11 months
of the fiscal year shall be available for any
eligible activity under Minnesota Statutes,
section 462A.33. The base funding for this
program is $9,393,000 each year in the
2012-2013 biennium.
new text end

new text begin Subd. 3. new text end

new text begin Housing Trust Fund
new text end

new text begin 10,555,000
new text end
new text begin 10,555,000
new text end

new text begin For deposit in the housing trust fund account
created under Minnesota Statutes, section
462A.201, and used for the purposes
provided in that section. The base funding
for this program is $8,555,000 each year in
the 2012-2013 biennium.
new text end

new text begin Subd. 4. new text end

new text begin Rental Assistance for Mentally Ill
new text end

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

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

new text begin Subd. 5. new text end

new text begin Family Homeless Prevention
new text end

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

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

new text begin Subd. 6. new text end

new text begin Home Ownership Assistance Fund
new text end

new text begin 860,000
new text end
new text begin 860,000
new text end

new text begin For the home ownership assistance program
under Minnesota Statutes, section 462A.21,
subdivision 8. In fiscal years 2012 and 2013,
the base shall be $885,000 each year.
new text end

new text begin Subd. 7. new text end

new text begin Affordable Rental Investment Fund
new text end

new text begin 8,821,000
new text end
new text begin 8,821,000
new text end

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

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

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

new text begin (d) For the affordable rental investment fund
program under Minnesota Statutes, section
462A.21, subdivision 8b, in fiscal years 2012
and 2013, the base is $8,996,000 each year.
new text end

new text begin Subd. 8. new text end

new text begin Housing Rehabilitation
new text end

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

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

new text begin Subd. 9. new text end

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

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

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

new text begin Subd. 10. new text end

new text begin Capacity Building Grants
new text end

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

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

new text begin Subd. 11. new text end

new text begin Transfer of Disaster Relief
Contingency Funds
new text end

new text begin $1,500,000 of the amount unobligated
and unencumbered in the disaster relief
contingency fund under Minnesota Statutes,
section 462A.21, subdivision 29, is
transferred to the housing trust fund under
Minnesota Statutes, section 462A.201, for
grants for temporary rental assistance for
families with children who are homeless and
in need of or utilizing an emergency shelter
facility. This is a onetime transfer and is not
added to the agency's permanent budget base.
new text end

new text begin Subd. 12. new text end

new text begin Demonstration Project for High-Risk
Adults
new text end

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

new text begin $250,000 in fiscal year 2010 and $250,000
in fiscal year 2011 are appropriated from
the general fund to the commissioner of the
Housing Finance Agency for grants to the
nonprofit organization selected to administer
the demonstration project for high-risk adults
under Laws 2007, chapter 54, article 1,
section 19, in order to continue the project
for a second biennium. This is a onetime
appropriation.
new text end

Sec. 7. new text beginDEPARTMENT OF LABOR AND
INDUSTRY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 22,780,000
new text end
new text begin $
new text end
new text begin 22,780,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 880,000
new text end
new text begin 880,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 20,871,000
new text end
new text begin 20,871,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,029,000
new text end
new text begin 1,029,000
new text end

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

new text begin Subd. 2. new text end

new text begin Workers' Compensation
new text end

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

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

new text begin $200,000 each year is for grants to the
Vinland Center for rehabilitation services.
Grants shall be distributed as the department
refers injured workers to the Vinland Center
for rehabilitation services.
new text end

new text begin Subd. 3. new text end

new text begin Labor Standards/Apprenticeship
new text end

new text begin 1,909,000
new text end
new text begin 1,909,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 880,000
new text end
new text begin 880,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,029,000
new text end
new text begin 1,029,000
new text end

new text begin (a) $879,000 each year is appropriated from
the workforce development fund for the
apprenticeship program under Minnesota
Statutes, chapter 178, and includes
$100,000 each year for labor education and
advancement program grants and to expand
and promote registered apprenticeship
training in nonconstruction trade programs.
new text end

new text begin (b) $150,000 each year is from the workforce
development fund for prevailing wage
enforcement.
new text end

new text begin (c) $200,000 the first year and $200,000
the second year are from the assigned risk
safety account for independent contractor
investigator services to ensure compliance
with the state's independent contractor
exemption certificate program under
Minnesota Statutes, section 181.723.
new text end

new text begin Subd. 4. new text end

new text begin General Support
new text end

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

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

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

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

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

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

new text begin Subd. 2. new text end

new text begin Mediation Services
new text end

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

new text begin Subd. 3. new text end

new text begin Labor Management Cooperation
Grants
new text end

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

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

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

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

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

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

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 23,037,000
new text end
new text begin $
new text end
new text begin 22,921,000
new text end

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

new text begin Subd. 2. new text end

new text begin Education and Outreach
new text end

new text begin 12,972,000
new text end
new text begin 12,972,000
new text end

new text begin Notwithstanding Minnesota Statutes, section
138.668, the Minnesota Historical Society
may not charge a fee for its general tours at
the Capitol, but may charge fees for special
programs other than general tours.
new text end

new text begin Subd. 3. new text end

new text begin Preservation and Access
new text end

new text begin 9,703,000
new text end
new text begin 9,703,000
new text end

new text begin Subd. 4. new text end

new text begin Fiscal Agent
new text end

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

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

new text begin (f) Balances Forward
new text end

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

new text begin Subd. 5. new text end

new text begin Fund Transfer
new text end

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

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

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 8,624,000
new text end
new text begin $
new text end
new text begin 8,624,000
new text end

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

new text begin Subd. 2. new text end

new text begin Operations and Services
new text end

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

new text begin Subd. 3. new text end

new text begin Grants Program
new text end

new text begin 5,515,000
new text end
new text begin 5,515,000
new text end

new text begin Subd. 4. new text end

new text begin Regional Arts Councils
new text end

new text begin 2,458,000
new text end
new text begin 2,458,000
new text end

Sec. 12. new text beginMINNESOTA HUMANITIES
CENTER
new text end

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

Sec. 13. new text beginPUBLIC BROADCASTING
new text end

new text begin $
new text end
new text begin 2,295,000
new text end
new text begin $
new text end
new text begin 2,015,000
new text end

new text begin (a) The appropriations under this section are
to the commissioner of administration for the
purposes specified.
new text end

new text begin (b) $280,000 is for a grant to Minnesota
Public Radio to assist with conversion to a
digital broadcast signal. This is a onetime
appropriation.
new text end

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

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

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

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

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

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

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

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

Sec. 14. new text beginBOARD OF ACCOUNTANCY
new text end

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

Sec. 15. new text beginBOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING,
LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN
new text end

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

Sec. 16. new text beginBOARD OF COSMETOLOGIST
EXAMINERS
new text end

new text begin $
new text end
new text begin 691,000
new text end
new text begin $
new text end
new text begin 651,000
new text end

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

new text begin $
new text end
new text begin 193,000
new text end
new text begin $
new text end
new text begin 188,000
new text end

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

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

new text begin This is a onetime appropriation. The
Combative Sports Commission expires on
July 1, 2011, unless the commissioner of
finance determines that the commission's
projected expenditures for the fiscal biennium
ending June 30, 2013, will not exceed the
commission's projected revenues for the
fiscal biennium ending June 30, 2013, from
fees and penalties authorized in Minnesota
Statutes 2008, chapter 341.
new text end

Sec. 19. new text beginTRANSFERS
new text end

new text begin By June 30, 2010, the commissioner of
finance shall transfer $2,500,000, and by June
30, 2011, $2,500,000 of the unencumbered
balance in the workforce development fund
to the general fund.
new text end

Sec. 20. new text beginLEGISLATIVE COORDINATING
COMMISSION
new text end

new text begin $
new text end
new text begin 70,000
new text end
new text begin $
new text end
new text begin 0
new text end

new text begin From the general fund to the Legislative
Coordinating Commission under Minnesota
Statutes, section 3.303, for fiscal year 2010
for the economic development strategy
working group established in article 2,
section 41.
new text end

ARTICLE 2

EMPLOYMENT 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
Development.

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

Sec. 2.

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


Subd. 2.

Vehicles.

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

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

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

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

(1) the governor;

(2) the lieutenant governor;

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

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

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

(6) the State Lottery;

(7) criminal investigators of the Department of Revenue;

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

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

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

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

Sec. 3.

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


Subd. 3.

Identification and classification.

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

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

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

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

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

Sec. 4.

Minnesota Statutes 2008, section 116J.035, subdivision 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
sources;

(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;
and

(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 andnew text begin, subject to section 3.3005,new text end 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. 5.

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


Subd. 6.

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

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

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

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

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

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

Sec. 6.

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


Subd. 2.

Dutiesnew text begin; authorizations; limitationsnew text end.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 7.

Minnesota Statutes 2008, section 116J.431, subdivision 1, is amended to read:


Subdivision 1.

Grant program establishednew text begin; purposenew text end.

new text begin(a) new text endThe commissioner shall
make grants to new text begincounties or new text endcities to provide up to 50 percent of the capital costs of public
infrastructure necessary for an eligible economic development project. The new text begincounty or new text endcity
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.

deleted text begin For purposes of this section, "city" means a statutory or home rule charter city
located outside the metropolitan area, as defined in section 473.121, subdivision 2.
deleted text end

deleted text begin "Public infrastructure" means publicly owned physical infrastructure necessary to
support economic development projects, including, but not limited to, sewers, water
supply systems, utility extensions, streets, wastewater treatment systems, stormwater
management systems, and facilities for pretreatment of wastewater to remove phosphorus.
deleted text end

new text begin (b) new text endThe purpose of the grantsnew text begin made under this sectionnew text end is to keep or enhance jobs in
the area, increase the tax base, or to expand or create new economic development.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2008, section 116J.431, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "City" means a statutory or home rule charter city located outside the
metropolitan area, as defined in section 473.121, subdivision 2.
new text end

new text begin (c) "County" means a county located outside the metropolitan area, as defined in
section 473.121, subdivision 2.
new text end

new text begin (d) "Public infrastructure" means publicly owned physical infrastructure necessary
to support economic development projects, including, but not limited to, sewers, water
supply systems, utility extensions, streets, wastewater treatment systems, storm water
management systems, and facilities for pretreatment of wastewater to remove phosphorus.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2008, section 116J.431, subdivision 2, is amended to read:


Subd. 2.

Eligible projects.

An economic development project for which a new text begincounty or
new text endcity may be eligible to receive a grant under this section includes:

(1) manufacturing;

(2) technology;

(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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2008, section 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
new text begin county or new text endcity must include in its application a resolution of the new text begincounty or new text endcity council
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 new text begincounty or new text endcity in which the project would
be located;

(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 new text begincounty or new text endcity 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2008, section 116J.431, subdivision 6, is amended to read:


Subd. 6.

Maximum grant amount.

A new text begincounty or new text endcity may receive no more than
$1,000,000 in two years for one or more projects.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2008, section 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. new text beginThe commissioner may waive
the requirements related to an eligible project under subdivision 2 if a project would
be eligible under this section but for the fact that its location requires infrastructure
improvements to residential development.
new text end

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

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

Sec. 13.

new text begin [116J.438] MINNESOTA GREEN ENTERPRISE ASSISTANCE.
new text end

new text begin (a) The commissioner of employment and economic development in consultation
with the commissioner of commerce, shall lead a multiagency project to advise,
promote, market, and coordinate state agency collaboration on green enterprise and
green economy projects, as defined in section 116J.437. The multiagency project must
include the commissioners of employment and economic development, natural resources,
agriculture, transportation, and commerce, and the Pollution Control Agency. The
project must involve collaboration with the chairs and ranking minority members of
legislative committees overseeing energy policy and energy finance, state agencies,
local governments, representatives from business and agriculture, and other interested
stakeholders. The objective of the project is to utilize existing state resources to expedite
the delivery of grants, licenses, permits, and other state authorizations and approvals for
green economy projects. The commissioner shall appoint a lead person to coordinate
green enterprise assistance activities.
new text end

new text begin (b) The commissioner of employment and economic development shall seek out and
may select persons from the business community to assist the commissioner in project
activities.
new text end

new text begin (c) The commissioner may accept gifts, contributions, and in-kind services for the
purposes of this section, under the authority provided in section 116J.035, subdivision
1. Any funds received must be placed in a special revenue account for the purposes of
this section.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

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
site.

(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 116J.555 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
exceed deleted text begin$250,000deleted text end new text begin$500,000 new text endper 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 473.252 during
the year ending on the date of application.

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2008, section 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
the sites;

(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 deleted text begin25deleted text endnew text begin 35new text end percent of the money
provided as grants must be made for sites located outside of the metropolitan area.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

new text begin [116J.6581] MINNESOTA SCIENCE AND TECHNOLOGY
ECONOMIC DEVELOPMENT PROJECT.
new text end

new text begin (a) The commissioner of employment and economic development shall lead a
public-private project with science and technology experts from public, academic, and
private sectors to advise state agency collaboration to design, coordinate, and administer a
strategic science and technology program for the state designed to promote the welfare of
the people of the state, maximize the economic growth of the state, and create and retain
jobs in the state's industrial base through enhancement of Minnesota's:
new text end

new text begin (1) high technology research and development capabilities;
new text end

new text begin (2) product and process innovation and commercialization;
new text end

new text begin (3) high technology manufacturing capabilities;
new text end

new text begin (4) science and technology business environment; and
new text end

new text begin (5) science and technology workforce preparation.
new text end

new text begin (b) Project membership shall consist of science and technology experts from
public, academic, and private sectors. A member must have a background in science or
technology in order to serve on the project. The project members shall consist of at least
13 members as follows:
new text end

new text begin (1) a representative of the University of Minnesota;
new text end

new text begin (2) a representative of Minnesota State Colleges and Universities;
new text end

new text begin (3) the chief executive officer of Mayo Clinic or a designee; and
new text end

new text begin (4) six chief executive officers or designees from science- or technology-oriented
companies and four representatives from science- and technology-oriented trade
organizations.
new text end

new text begin (c) The commissioner of employment and economic development must report
by January 15, 2010, to the legislative committees having jurisdiction over science
and technology and economic development policy and finance on the activities of the
project and must recommend changes or additions to its organization, including specific
recommendations for necessary legislation.
new text end

Sec. 17.

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


Subd. 2.

Duties.

The bureau shall:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 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. new text beginThe commissioner may also make funds
available within the department for eligible expenditures under subdivision 3, clause
(2).
new text endA home rule charter or statutory city, county, or town may loan or grant money
received from repayment of funds awarded under this section to a regional development
commission, other regional entity, or statewide community capital fund as determined by
the commissioner, to capitalize or to provide the local match required for capitalization of
a regional or statewide revolving loan fund.

Sec. 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 deleted text beginprovidedeleted text endnew text begin fund:
new text end

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

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

Sec. 20.

new text begin [116J.997] PROGRAM ACCOUNTABILITY REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Accountability measurement. new text end

new text begin By October 1, 2009, the
commissioner of employment and economic development shall develop a uniform
accountability report for economic development or workforce related programs funded in
whole or in part by state or federal funds. The commissioner shall also develop a formula
for measuring the return on investment for each program and a comparison of the return
on investment of all programs funded in whole or in part by state or federal funds. The
requirements of this section apply to programs administered directly by the commissioner
or administered by other employment organizations under a grant made by the department.
The report and formula required by this subdivision shall be submitted to the chairs and
ranking minority members of the committees of the house of representatives and senate
having jurisdiction over economic development and workforce policy and finance by
October 15, 2009, for review and comment.
new text end

new text begin Subd. 2. new text end

new text begin Report to the legislature. new text end

new text begin By December 31 of each even-numbered
year the commissioner must report to the chairs and the ranking minority members of
the committees of the house of representatives and the senate having jurisdiction over
economic development and workforce policy and finance the following information for
each program subject to the requirements of subdivision 1:
new text end

new text begin (1) the target population;
new text end

new text begin (2) the number of jobs affected by the program, including the number of net new
jobs created in the state and the average annual wage per job;
new text end

new text begin (3) the number of individuals leaving the unemployment compensation program as
a result of the program;
new text end

new text begin (4) the number of individuals leaving the Minnesota Family Investment Program
support as a result of the program;
new text end

new text begin (5) the region of the state in which the program operated;
new text end

new text begin (6) the amount of state or federal funds allocated to the program;
new text end

new text begin (7) the return on investment as calculated by the formula developed by the
commissioner; and
new text end

new text begin (8) the dollar amount and percentage of the total grant used for administrative
expenses.
new text end

new text begin Subd. 3. new text end

new text begin Report to the commissioner. new text end

new text begin A recipient of a grant made by or through
the department must report to the commissioner by September 1 of each even-numbered
year on each of the items in subdivision 2 for each program it administers. The report
must be in a format prescribed by the commissioner.
new text end

new text begin Beginning November 1, 2009, the commissioner shall provide notice to grant
applicants and recipients regarding the data collection and reporting requirements under
this subdivision and must provide technical assistance to applicants and recipients to assist
in complying with the requirements of this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Biennial budget request. new text end

new text begin The information collected and reported under
subdivisions 2 and 3 shall be included in budgets submitted to the legislature under
section 16A.11.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 21.

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


Subd. 5.

Terms.

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

Sec. 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
new text begin 116L.02, new text end116L.04new text begin,new text end and 116L.10 to 116L.14, or to provide incumbent worker training
services under section 116L.18 if the following conditions have been met:

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

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

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

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

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

Sec. 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 .10 percent per year on all taxable wages, as defined in
section 268.035, subdivision 24new text begin, except that effective July 1, 2009, until June 30, 2011, the
special assessment shall be levied at a rate of .12 percent per year on all taxable wages as
defined in section 268.035, subdivision 24
new text end. 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
homelessdeleted text begin, ordeleted text endnew text begin;new text end (2) new text beginimprovements to the energy efficiency and environmental health of
residential units and other green jobs purposes; (3) facilities to support community garden
projects; or (4)
new text endeducation, 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; deleted text beginand
deleted text end

(5) community health centersdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (6) community garden facilities.
new text end

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 familiesdeleted text begin, or deleted text endnew text begin; new text end(2)new text begin improvements to the
energy efficiency and environmental health of residential units; (3) facilities to support
community garden projects; or (4)
new text end 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
experience component.

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. deleted text beginAs of July 1, 1998,deleted text end Employment and
training services may be delivered by certified employment and training service providers.

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

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

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

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

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

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

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

Sec. 27.

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


116L.96 DISPLACED HOMEMAKER PROGRAMS.

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

Sec. 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 deleted text beginitdeleted text endnew text begin the companynew text end is a manufacturing
company or a manufacturing-related service company that employs deleted text begin100deleted text endnew text begin 250new text end or fewer
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 deleted text begin50deleted text endnew text begin 75new text end
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.

new text begin (e) Receipt of funds from an award under this section is contingent upon a
contribution of funds by the qualified company to the project, as follows:
new text end

new text begin (1) a company with under 50 employees must contribute one dollar for every three
dollars of program assistance awarded;
new text end

new text begin (2) a company with 50 to 100 employees must contribute one dollar for every one
dollar of program assistance awarded; and
new text end

new text begin (3) a company with 101 to 250 employees must contribute three dollars for every
one dollar of program assistance awarded.
new text end

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

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

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

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

Sec. 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
for diversity;

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

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

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

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

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

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

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

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

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

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

Sec. 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 160.2745. The commissioner
of transportation and director of deleted text beginthe Office ofdeleted text endnew text begin Explore Minnesotanew text end Tourism may enter into
an interagency agreement to define the distribution of the revenues generated in this
subdivision and subdivisions 2a and 3a.

Sec. 33.

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


Subdivision 1.

Establishment of Minnesota correctional industries; MINNCOR
industries.

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

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

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

Sec. 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 deleted text beginState Library for
the Blind and Physically Handicapped
deleted text endnew text begin Minnesota Braille and Talking Book Librarynew text end under
Code of Federal Regulations, title 36, section 701.10, subsection (b).

Sec. 35.

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


Subd. 7.

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

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

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

Sec. 36.

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


Subd. 8.

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

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

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

(1) purchase, upkeep and replacement of equipment;

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

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

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

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

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

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

Sec. 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 256J.751,
subdivision 2
, as core outcomes for all counties and tribes;

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

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

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

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

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

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

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

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

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

Sec. 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
assistance deleted text beginshalldeleted text end new text beginmust new text endbe on forms prescribed by the commissioner. deleted text beginEach applicant shall
annually submit to the commissioner its plan and budget for the next fiscal year. No
deleted text end new text beginAn
new text endapplicant deleted text beginshall bedeleted text end new text beginis not new text endeligible for a grant deleted text beginhereunderdeleted text end new text beginunder this section new text endunless its deleted text beginplan
and budget
deleted text endnew text begin audited financial statements of the prior fiscal yearnew text end have been approved by
the commissioner.

Sec. 40.

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


Subd. 3.

Evaluation of applications.

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

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

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

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

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

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

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

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

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

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

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

Sec. 41. new text beginECONOMIC DEVELOPMENT STRATEGY WORKING GROUP.
new text end

new text begin (a) An 18-member bipartisan working group with members from all geographic
areas of the state to develop an economic development strategy to guide job and business
growth in Minnesota and to strengthen the state's economy is established. The working
group consists of six members of the house of representatives and three members of the
public appointed by the speaker of the house and six members of the senate and three
members of the public appointed by the subcommittee on committees of the senate.
The working group is responsible to review and analyze Minnesota's current economic
development strategy and make recommendations on improvements according to this
section. The Legislative Coordinating Commission under Minnesota Statutes, section
3.303, must provide staff support for the working group.
new text end

new text begin (b) The working group must conduct an academic and practitioner led effort to:
new text end

new text begin (1) perform best practices research on economic development principles to apply
to Minnesota;
new text end

new text begin (2) assess Minnesota's current economic development strategies, including tax
incentives and appropriation funded programs and grants to determine how well these
strategies are working and how they compare to best practices;
new text end

new text begin (3) develop a comprehensive strategy to move Minnesota's economy forward;
new text end

new text begin (4) develop a set of benchmarks to measure Minnesota's investments in economic
development strategies; and
new text end

new text begin (5) recommend the best structure to govern and lead Minnesota's economic
development strategy.
new text end

new text begin (c) Appointments to the working group shall be made by June 1, 2009, and the
first meeting shall be convened no later than July 1, 2009. The task force shall elect
a chair from among its members at the first meeting. The working group may contract
for research studies and assistance necessary to fulfill its responsibilities. The working
group must report to the committees of the legislature with responsibility for economic
development by February 15, 2010.
new text end

Sec. 42. new text beginAPPROPRIATION; GREEN ENTERPRISE ASSISTANCE.
new text end

new text begin The remaining balance of the fiscal year 2009 special revenue fund appropriation for
the Green Jobs Task Force under Laws 2008, chapter 363, article 6, section 3, subdivision
4, is transferred and appropriated to the commissioner of employment and economic
development for the purposes of green enterprise assistance under Minnesota Statutes,
section 116J.438. This appropriation is available until spent.
new text end

Sec. 43. new text beginREVISOR'S INSTRUCTION.
new text end

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

Sec. 44. new text begin REPEALER.
new text end

new text begin 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; and 116U.65,
new text end new text begin are
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

UNEMPLOYMENT INSURANCE POLICY

Section 1.

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


Subd. 2.

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

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

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

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

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

Sec. 2.

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


Subdivision 1.

Election.

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

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

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

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

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

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

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

Sec. 3.

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


268.066 CANCELLATION OF AMOUNTS DUE FROM AN EMPLOYER.

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

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

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

Sec. 4.

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


268.067 COMPROMISE.

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

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

(c) Any compromise involving an amount over deleted text begin$2,500deleted text end new text begin$10,000 new text endmust 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.

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

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

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

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

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

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

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

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

Sec. 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; or

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 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 new text beginwithin 24
months of the establishment of the benefit account
new text endwith respect to any week occurring
deleted text begin in the 104 weeks before the payment of the back paydeleted text endnew text begin during the benefit yearnew text end must be
deducted from unemployment benefits paid for that week.

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

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

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

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

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

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

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

Sec. 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 deleted text beginin
the labor market area
deleted text end. The attachment to the work force must be genuine. An applicant
may restrict availability to suitable employment, but there must be no other restrictions,
either self-imposed or created by circumstances, temporary or permanent, that prevent
accepting suitable employment.

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

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

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

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

Sec. 10.

new text begin [268.088] BENEFITS PAID DURING CERTAIN VOLUNTARY
UNEMPLOYMENT.
new text end

new text begin (a) An applicant who elects to become temporarily unemployed in order to avoid
the layoff of another employee with the applicant's employer due to lack of work is
not ineligible for benefits under the leave of absence provisions of section 268.085,
subdivision 13a, nor ineligible under the quit provisions of section 268.095, if:
new text end

new text begin (1) the election is authorized under a collective bargaining agreement or written
employer policy;
new text end

new text begin (2) the employer has accepted the applicant's election;
new text end

new text begin (3) the employer provides a written certification that is provided to the department
that the applicant's election prevented another employee with the employer from being
laid off due to lack of work; and
new text end

new text begin (4) both the applicant and the employer, at the time of the election, expect the
applicant's unemployment from the employer to be temporary.
new text end

new text begin (b) In addition to the requirements of paragraph (a), for unemployment benefits to be
payable, an applicant must meet all the other benefit eligibility requirements under this
chapter, including being available for suitable employment with a different employer.
new text end

Sec. 11.

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 268.07;

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

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

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

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

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

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

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

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

(ii) a police record documenting the domestic abuse;

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

(iv) medical documentation of domestic abuse; or

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

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

Sec. 12.

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


Subd. 2.

Quit defined.

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

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

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

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

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

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

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

Sec. 13.

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


new text begin Subd. 2a. new text end

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

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

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

Sec. 14.

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


Subd. 4a.

Court feesnew text begin; collection feesnew text end.

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

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

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

Sec. 15.

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


268.186 RECORDS; AUDITS.

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

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

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

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

Sec. 16. new text beginENTREPRENEURSHIP FOR DISLOCATED WORKERS.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

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

new text begin Subd. 2. new text end

new text begin Limitations. new text end

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

new text begin Subd. 3. new text end

new text begin Expiration date. new text end

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

Sec. 17. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 6, 8 to 12, 14, and 15 are effective August 2, 2009, and apply to all
department determinations and unemployment law judge decisions issued on or after that
date. Section 13 is effective April 1, 2010, and applies to all department determinations
and unemployment law judge decisions issued on or after that date. Section 7 is effective
retroactively from December 1, 2008. Section 16 is effective the day following final
enactment.
new text end

ARTICLE 4

UNEMPLOYMENT INSURANCE TECHNICAL CHANGES

Section 1.

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


268.031 STANDARD OF PROOF.

new text begin Subdivision 1. new text end

new text begin Standard of proof. new text end

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

new text begin Subd. 2. new text end

new text begin Statutory application. new text end

new text begin This chapter is remedial in nature and must be
applied in favor of awarding unemployment benefits. Any legal conclusion that results in
an applicant being ineligible for unemployment benefits must be fully supported by the
facts. In determining eligibility or ineligibility for benefits, any statutory provision that
would preclude an applicant from receiving benefits must be narrowly construed.
new text end

Sec. 2.

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

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

Sec. 3.

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


Subd. 2.

Agricultural employment.

"Agricultural employment" means services:

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

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

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

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

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

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

Sec. 4.

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


new text begin Subd. 9a. new text end

new text begin Construction; independent contractor. new text end

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

Sec. 5.

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


new text begin Subd. 12c. new text end

new text begin Determination. new text end

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

Sec. 6.

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


Subd. 17.

Filing; filed.

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

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

Sec. 7.

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


new text begin Subd. 20a. new text end

new text begin Preponderance of the evidence. new text end

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

Sec. 8.

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


Subd. 3.

Election to have noncovered employment considered covered
employment.

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

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

Sec. 9.

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


268.043 DETERMINATIONS OF COVERAGE.

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

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

Sec. 10.

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


Subd. 2.

Failure to timely file report; late fees.

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

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

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

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

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

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

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

Sec. 11.

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


Subdivision 1.

General rule.

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

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

Sec. 12.

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


Subd. 2.

Exceptions for all employers.

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 13.

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


Subdivision 1.

Payments.

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

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

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

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

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

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

Sec. 14.

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


Subd. 4.

Experience rating history transfer.

(a) When:

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

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

(b) When:

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

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

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

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

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

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

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

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

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

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

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

Sec. 15.

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


Subd. 4.

Costs.

new text begin(a) new text endAny deleted text beginpersondeleted text endnew text begin employer, and any applicant subject to section
268.18, subdivision 2,
new text end that fails to pay any amount when due under this chapter is liable
for any filing fees, recording fees, sheriff fees, costs incurred by referral to any public
or private collection agency, or litigation costs, including attorney fees, incurred in the
collection of the amounts due.

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

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

Sec. 16.

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


Subd. 5.

Interest on amounts past due.

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

Sec. 17.

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


Subdivision 1.

Notice of debt to licensing authority.

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

Sec. 18.

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


Subdivision 1.

Requirements.

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

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

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

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

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

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

Sec. 19.

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


Subdivision 1.

Application for unemployment benefits; determination of benefit
account.

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

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

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

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

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

Sec. 20.

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


Subd. 2.

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 21.

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


Subd. 3.

Second benefit account requirements.

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

Sec. 22.

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


268.084 PERSONAL IDENTIFICATION NUMBER; PRESUMPTION.

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

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

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

Sec. 23.

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


Subdivision 1.

Eligibility conditions.

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

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

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

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

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

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

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

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

Sec. 24.

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


Subd. 2.

Not eligible.

An applicant is ineligible for unemployment benefits for
any week:

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

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

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

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

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

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

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

Sec. 25.

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


Subd. 3a.

Workers' compensation and disability insurance offset.

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

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

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

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

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

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

Sec. 26.

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


Subd. 4.

Social Security benefits.

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

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

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

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

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

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

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

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

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

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

Sec. 27.

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


Subd. 5.

Deductible earnings.

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

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

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

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

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

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

Sec. 28.

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

new text begin Subdivision 1. new text end

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

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

new text begin Subd. 2. new text end

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

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

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

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

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

new text begin Subd. 3. new text end

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

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

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

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

new text begin Subd. 4. new text end

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

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

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

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

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

new text begin Subd. 5. new text end

new text begin Good cause defined. new text end

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

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

Sec. 29.

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


Subd. 10.

Ineligibility duration.

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

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

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

Sec. 30.

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


Subd. 11.

Application.

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

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

Sec. 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
section 268.182, subdivision 2.

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

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

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

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

Sec. 32.

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


Subd. 2.

Determination.

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

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

If a base period employer:

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

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

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

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

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

(c) new text beginSubject to section 268.031, new text endan issue of ineligibility is determined based upon
that information required of an applicant, any information that may be obtained from an
applicant or employer, and information from any other sourcedeleted text begin, without regard to any
burden of proof
deleted text end.

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

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

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

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

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

Sec. 33.

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


Subdivision 1.

In commissioner's discretion.

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

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

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

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

Sec. 34.

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


Subdivision 1.

Evidentiary hearing by unemployment law judge.

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

(b) The evidentiary hearing is conducted by an unemployment law judge deleted text beginwithout
regard to any burden of proof
deleted text end as an evidence gathering inquiry deleted text beginand not an adversarial
proceeding
deleted text end. new text beginAt the beginning of the hearing the unemployment law judge must fully
explain how the hearing will be conducted, that the applicant has the right to request
that the hearing be rescheduled so that documents or witnesses can be subpoenaed,
that the facts will be determined based on a preponderance of the evidence, and, in
clear and simple language, the meaning of the term "preponderance of the evidence."
new text end
The unemployment law judge must ensure that all relevant facts are clearly and fully
developed. The department may adopt rules on evidentiary hearings. The rules need
not conform to common law or statutory rules of evidence and other technical rules of
procedure. The department has discretion regarding the method by which the evidentiary
hearing is conducted. A report of any employee of the department, except a determination,
made in the regular course of the employee's duties, is competent evidence of the facts
contained in it. new text beginAn affidavit or written statement based on personal knowledge and signed
under penalty of perjury is competent evidence of the facts contained in it; however, the
veracity of statements contained within the document or the credibility of the witness
making the statement may be disputed with other documents or testimony and production
of such documents or testimony may be compelled by subpoena.
new text end

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

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

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

Sec. 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 268.103 applies
to a request for reconsideration. If a request for reconsideration is timely filed, the
unemployment law judge must issue an order:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 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
hearing.

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

Sec. 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, deleted text beginordeleted text end while a request for reconsideration is
pending,new text begin during the time for filing any appeal under subdivision 7, or during the pendency
thereof,
new text end 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.

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

Sec. 40.

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


Subd. 5.

Maximum amount of unemployment benefits.

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

Sec. 41.

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


Subd. 4.

Weekly benefit amount.

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

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

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

Sec. 42.

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


Subdivision 1.

Notification.

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

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

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

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

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

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

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

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

Sec. 43.

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


Subdivision 1.

Nonfraud overpayment.

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

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

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

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

Sec. 44.

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


Subd. 2.

Overpayment because of fraud.

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

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

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

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

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

Sec. 45.

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


Subdivision 1.

Administration account.

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

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

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

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

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

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

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

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

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

Sec. 46.

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


Subd. 2.

State to replace money wrongfully used.

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

Sec. 47.

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


268.199 CONTINGENT ACCOUNT.

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

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

Sec. 48.

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


268.211 UNEMPLOYMENT INSURANCE BENEFITS TELEPHONE
SYSTEM.

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

Sec. 49. new text beginUNEMPLOYMENT LAW JUDGES.
new text end

new text begin It is in the public interest, as well as the interest of applicants and employees, that
an unemployment law judge conducting contested unemployment insurance hearings
should be an experienced attorney with a background in civil, criminal, or administrative
proceedings. An unemployment law judge should have a level of skill equal to that of a
workers' compensation judge. In order to recruit and retain individuals with the appropriate
skills, the pay of an unemployment law judge should be commensurate with that of a
workers' compensation judge, but should also take into account the less formal nature of
an unemployment insurance hearing. Before October 1, 2009, the commissioner of finance
is directed, in consultation with the deputy commissioner of employment and economic
development and the chief unemployment law judge, to determine and implement the
appropriate pay level, with no more than two pay steps, for unemployment law judges,
giving consideration only to the pay level provided to workers' compensation judges, but
taking into account the less formal nature of an unemployment insurance hearing.
new text end

Sec. 50. new text beginREVISOR'S INSTRUCTION.
new text end

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

Sec. 51. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 268.085, subdivision 14; and 268.086,
subdivisions 1, 2, 3, 5, 6, 7, 8, and 9,
new text end new text begin are repealed.
new text end

Sec. 52. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 48 and 50 are effective August 2, 2009, and apply to all department
determinations and unemployment law judge decisions issued on or after that date.
new text end

ARTICLE 5

LABOR STANDARDS AND WAGES; LICENSING AND FEES

Section 1.

Minnesota Statutes 2008, section 16C.28, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Contract awards. new text end

new text begin When prevailing wage laws apply, an agency shall not
be liable for costs under section 177.43, subdivision 3, if it has included language in its
contracts which requires vendors and contractors to comply with prevailing wage laws
and the contract also contains the following elements:
new text end

new text begin (1) a description of the prevailing wage laws and a citation to relevant statutes;
new text end

new text begin (2) contact details for further information from the Department of Labor and
Industry; and
new text end

new text begin (3) a statement of contractor and subcontractor liability for failure to adhere to
prevailing wage laws.
new text end

Sec. 2.

Minnesota Statutes 2008, section 177.27, subdivision 4, is amended to read:


Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, 181.275, subdivision 2a, and
181.79, or with any rule promulgated under section 177.28. new text beginThe commissioner shall
issue an order requiring an employer to comply with sections 177.41 to 177.435 if the
violation is repeated. For purposes of this subdivision only, a violation is repeated if
at any time during the two years that preceded the date of violation, the commissioner
issued an order to the employer for violation of sections 177.41 to 177.435 and the order
is final or the commissioner and the employer have entered into a settlement agreement
that required the employer to pay back wages that were required by sections 177.41 to
177.435.
new text endThe department shall serve the order upon the employer or the employer's
authorized representative in person or by certified mail at the employer's place of business.
An employer who wishes to contest the order must file written notice of objection to the
order with the commissioner within 15 calendar days after being served with the order.
A contested case proceeding must then be held in accordance with sections 14.57 to
14.69. If, within 15 calendar days after being served with the order, the employer fails
to file a written notice of objection with the commissioner, the order becomes a final
order of the commissioner.

Sec. 3.

Minnesota Statutes 2008, section 177.30, is amended to read:


177.30 KEEPING RECORDS; PENALTY.

(a) Every employer subject to sections 177.21 to 177.44 must make and keep a
record of:

(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 177.41 to 177.44, and while performing
work on public works projects funded in whole or in part with state funds, the new text beginemployer
shall furnish under oath signed by an owner or officer of an employer to the contracting
authority and the project owner every two weeks, a certified payroll report with respect
to the wages and benefits paid each employee during the preceding weeks specifying for
each employee: name; identifying number;
new text endprevailing wage master job classification
deleted text begin of each employee working on the project for each hourdeleted text endnew text begin; hoursnew text end workednew text begin each day; total
hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net
pay for week; dollars contributed per hour for each benefit, including name and address
of administrator; benefit account number; and telephone number for health and welfare,
vacation or holiday, apprenticeship training, pension, and other benefit programs
new text end; and

(5) other information the commissioner finds necessary and appropriate to enforce
sections 177.21 to deleted text begin177.35deleted text endnew text begin 177.435new text end. The records must be kept for three years in or near the
premises where an employee works except each employer subject to sections 177.41 to
177.44, 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. 4.

Minnesota Statutes 2008, section 177.31, is amended to read:


177.31 POSTING OF LAW AND RULES; PENALTY.

Every employer subject to sections 177.21 to deleted text begin177.35deleted text end new text begin177.44 new text endmust 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 177.21 to deleted text begin177.35deleted text end new text begin177.44 new text endis 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 177.32,
subdivision 1
.

Sec. 5.

Minnesota Statutes 2008, section 177.32, is amended to read:


177.32 PENALTIES.

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
sections 177.21 to deleted text begin177.35deleted text endnew text begin 177.435new text end;

(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
177.30;

(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 177.27;

(6) repeatedly fails to post a summary of sections 177.21 to deleted text begin177.35deleted text endnew text begin 177.44new text end or a copy
or summary of the applicable rules as required by section 177.31;

(7) pays or agrees to pay wages at a rate less than the rate required under sections
177.21 to deleted text begin177.35deleted text endnew text begin 177.44new text end;

(8) refuses to allow adequate time from work as required by section 177.253; or

(9) otherwise violates any provision of sections 177.21 to deleted text begin177.35deleted text endnew text begin 177.44new text end.

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 177.21 to deleted text begin177.35deleted text endnew text begin 177.435new text end;

(2) the employee has instituted or will institute a proceeding under or related to
sections 177.21 to deleted text begin177.35deleted text endnew text begin 177.435new text end; or

(3) the employee has testified or will testify in any proceeding.

Sec. 6.

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 deleted text beginfor health and welfare benefits, vacation benefits, pension
benefits, and any other economic benefit
deleted text end paid to new text beginor for new text endthe largest number of workers
engaged in the same class of labor within the area deleted text beginanddeleted text endnew text begin for medical or hospital care,
pensions on retirement or death, compensation for injuries or illness resulting from
occupational activity, or insurance to provide any of the foregoing, for unemployment
benefits, life insurance, disability and sickness insurance, or accident insurance, for
vacation and holiday pay, for defraying the costs of apprenticeship or other similar
programs, or for other bona fide fringe benefits, but only where the contractor or
subcontractor is not required by other federal, state, or local law to provide any of those
benefits, the amount of:
new text end

new text begin (1) the rate of contribution irrevocably made by a contractor or subcontractor to a
trustee or to a third person under a fund, plan, or program; and
new text end

new text begin (2) the rate of costs to the contractor or subcontractor that may be reasonably
anticipated in providing benefits to laborers and mechanics pursuant to an enforceable
commitment to carry out a financially responsible plan or program which was
communicated in writing to the laborers and mechanics affected.
new text end

new text begin "Prevailing wage rate"new text end includes, for the purposes of section 177.44, 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. 7.

Minnesota Statutes 2008, section 177.42, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Employer. new text end

new text begin "Employer" means an individual, partnership, association,
corporation, business trust, or other business entity that hires a laborer, worker, or
mechanic.
new text end

Sec. 8.

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. new text beginThe contracting
authority shall incorporate into its proposals and all contracts the applicable wage
determinations for the contract along with contract language provided by the commissioner
of labor and industry to notify the contractor and all subcontractors of the applicability of
sections 177.41 to 177.44. Failure to incorporate the determination or provided contract
language into the contracts shall make the contracting authority liable for making whole
the contractor or subcontractor for any increases in the wages paid, including employment
taxes and reasonable administrative costs based on the appropriate prevailing wage due to
the laborers or mechanics working on the project.
new text endThe 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 177.30.
The contracting authority may examine all records relating to wages paid laborers or
mechanics on work to which sections 177.41 to 177.44 apply.

Sec. 9.

new text begin [181.986] REQUIRED EQUIPMENT AND APPAREL.
new text end

new text begin (a) Notwithstanding any other law or rule to the contrary, a public employer is
prohibited from knowingly purchasing or acquiring, furnishing, or requiring an employee
to purchase or acquire for wear or use while on duty, any of the following items if the item
is not manufactured in the United States of America:
new text end

new text begin (1) any uniform or other item of wearing apparel over which an employee has no
discretion in selecting except for selecting the proper size; or
new text end

new text begin (2) safety equipment or protective accessories.
new text end

new text begin (b) Preference must be given to purchases from manufacturers who pay an average
annual income, including wages and benefits, equal to at least 150 percent of the federal
poverty guideline adjusted for a family size of four. For purposes of this section, "public
employer" means a county, home rule charter or statutory city, town, school district,
metropolitan or regional agency, public corporation, political subdivision, special district
as defined in section 6.465, subdivision 3, municipal fire department, independent
nonprofit firefighting corporation, the University of Minnesota, the Minnesota State
Colleges and Universities, and the state of Minnesota and its agencies.
new text end

new text begin (c) Notwithstanding paragraph (a), a public employer may purchase or acquire,
furnish, or require an employee to purchase or acquire items listed in paragraph (a)
manufactured outside of the United States if similar items are not manufactured or
available for purchase in the United States.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010, or upon expiration
of valid contracts for such equipment and apparel entered into by public employers prior
to June 1, 2009, whichever is later.
new text end

Sec. 10.

Minnesota Statutes 2008, section 270.97, is amended to read:


270.97 DEPOSIT OF REVENUES.

The commissioner shall deposit all revenues derived from the tax, interest, and
penalties received from the county in the contaminated site cleanup and development
account in the general fundnew text begin and is annually appropriated to the commissioner of the
Department of Employment and Economic Development, for the purposes of section
116J.551
new text end.

Sec. 11.

new text begin [326B.153] BUILDING PERMIT FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Building permits. new text end

new text begin (a) Fees for building permits submitted as
required in section 326B.106 include:
new text end

new text begin (1) the fee as set forth in the fee schedule in paragraph (b) or as adopted by a
municipality; and
new text end

new text begin (2) the surcharge required by section 326B.148.
new text end

new text begin (b) The total valuation and fee schedule is:
new text end

new text begin (1) $1 to $500, $29.50;
new text end

new text begin (2) $501 to $2,000, $28 for the first $500 plus $3.70 for each additional $100 or
fraction thereof, to and including $2,000;
new text end

new text begin (3) $2,001 to $25,000, $83.50 for the first $2,000 plus $16.55 for each additional
$1,000 or fraction thereof, to and including $25,000;
new text end

new text begin (4) $25,001 to $50,000, $464.15 for the first $25,000 plus $12 for each additional
$1,000 or fraction thereof, to and including $50,000;
new text end

new text begin (5) $50,001 to $100,000, $764.15 for the first $50,000 plus $8.45 for each additional
$1,000 or fraction thereof, to and including $100,000;
new text end

new text begin (6) $100,001 to $500,000, $1,186.65 for the first $100,000 plus $6.75 for each
additional $1,000 or fraction thereof, to and including $500,000;
new text end

new text begin (7) $500,001 to $1,000,000, $3,886.65 for the first $500,000 plus $5.50 for each
additional $1,000 or fraction thereof, to and including $1,000,000; and
new text end

new text begin (8) $1,000,001 and up, $6,636.65 for the first $1,000,000 plus $4.50 for each
additional $1,000 or fraction thereof.
new text end

new text begin (c) Other inspections and fees are:
new text end

new text begin (1) inspections outside of normal business hours (minimum charge two hours),
$63.25 per hour;
new text end

new text begin (2) reinspection fees, $63.25 per hour;
new text end

new text begin (3) inspections for which no fee is specifically indicated (minimum charge one-half
hour), $63.25 per hour; and
new text end

new text begin (4) additional plan review required by changes, additions, or revisions to approved
plans (minimum charge one-half hour), $63.25 per hour.
new text end

new text begin (d) If the actual hourly cost to the jurisdiction under paragraph (c) is greater than
$63.25, then the greater rate shall be paid. Hourly cost includes supervision, overhead,
equipment, hourly wages, and fringe benefits of the employees involved.
new text end

new text begin Subd. 2. new text end

new text begin Plan review. new text end

new text begin Fees for the review of building plans, specifications, and
related documents submitted as required by section 326B.106 must be paid based on 65
percent of the building permit fee required in subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Surcharge. new text end

new text begin Surcharge fees are required for permits issued on all buildings
including public buildings and state licensed facilities as required by section 326B.148.
new text end

new text begin Subd. 4. new text end

new text begin Distribution. new text end

new text begin (a) This subdivision establishes the fee distribution between
the state and municipalities contracting for plan review and inspection of public buildings
and state licensed facilities.
new text end

new text begin (b) If plan review and inspection services are provided by the state building official,
all fees for those services must be remitted to the state.
new text end

new text begin (c) If plan review services are provided by the state building official and inspection
services are provided by a contracting municipality:
new text end

new text begin (1) the state shall charge 75 percent of the plan review fee required by the state's
fee schedule in subdivision 2; and
new text end

new text begin (2) the municipality shall charge 25 percent of the plan review fee required by the
municipality's adopted fee schedule, for orientation to the plans, in addition to the permit
and other customary fees charged by the municipality.
new text end

new text begin (d) If plan review and inspection services are provided by the contracting
municipality, all fees for those services must be remitted to the municipality in accordance
with their adopted fee schedule.
new text end

Sec. 12.

Minnesota Statutes 2008, section 326B.33, subdivision 13, is amended to read:


Subd. 13.

Registration of unlicensed individuals.

Unlicensed individuals
performing electrical work for a contractor or employer shall register with the department
in the manner prescribed by the commissioner. Experience credit for electrical work
performed in Minnesota after January 1, deleted text begin2008deleted text endnew text begin 2009new text end, by an applicant for a license identified
in this section shall not be granted where the applicant has not registered with or is not
licensed by the department.

Sec. 13.

Minnesota Statutes 2008, section 326B.33, subdivision 19, is amended to read:


Subd. 19.

License, registration, and renewal fees; expiration.

(a) Unless
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
reinstated.

(f) deleted text beginThe fee for the issuance of each duplicate license is $15.
deleted text end

deleted text begin (g)deleted text end 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. 14.

Minnesota Statutes 2008, section 326B.46, subdivision 4, is amended to read:


Subd. 4.

Fee.

new text begin(a)new text end Each person giving bond to the state under subdivision 2 shall pay
the department deleted text beginan annualdeleted text end new text begina new text endbond registration fee of $40new text begin for one year or $80 for two yearsnew text end.

new text begin (b) The commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the bond registration from one year
to two years so that the expiration of bond registration corresponds with the expiration of
the license issued under section 326B.475 or 326B.49, subdivision 1.
new text end

Sec. 15.

Minnesota Statutes 2008, section 326B.475, subdivision 4, is amended to read:


Subd. 4.

Renewal; use period for license.

new text begin(a) new text endA restricted master plumber and
restricted journeyman plumber license must be renewed deleted text beginannuallydeleted text end 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
plumber license.

new text begin (b) The commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the renewal of restricted master
plumber and restricted journeyman plumber licenses from one year to two years. By
June 30, 2011, all restricted master plumber and restricted journeyman plumber licenses
shall be two-year licenses.
new text end

Sec. 16.

Minnesota Statutes 2008, section 326B.475, subdivision 7, is amended to read:


Subd. 7.

Fee.

The deleted text beginannualdeleted text endnew text begin renewalnew text end 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. 17.

Minnesota Statutes 2008, section 326B.49, subdivision 1, is amended to read:


Subdivision 1.

Application.

new text begin(a) new text endApplications 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 deleted text beginand renewaldeleted text end master
plumber's license shall be deleted text begin$120deleted text endnew text begin $240new text end. The license fee for each initial deleted text beginand renewaldeleted text end
journeyman plumber's license shall be deleted text begin$55deleted text endnew text begin $110new text end. deleted text beginThe commissioner may by rule prescribe
for the expiration and renewal of licenses.
deleted text end

new text begin (b) All initial master and journeyman plumber's licenses shall be effective for more
than one calendar year and shall expire on December 31 of the year after the year in which
the application is made. The license fee for each renewal master plumber's license shall be
$120 for one year or $240 for two years. The license fee for each renewal journeyman
plumber's license shall be $55 for one year or $110 for two years. The commissioner
shall in a manner determined by the commissioner, without the need for any rulemaking
under chapter 14, phase in the renewal of master and journeyman plumber's licenses from
one year to two years. By June 30, 2011, all renewed master and journeyman plumber's
licenses shall be two-year licenses.
new text end

new text begin (c) new text endAny 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. 18.

Minnesota Statutes 2008, section 326B.56, subdivision 4, is amended to read:


Subd. 4.

Fee.

new text begin(a) new text endThe commissioner shall collect a $40 bond registration fee new text beginfor
one year or $80 for two years
new text endfrom each applicant for issuance or renewal of a water
conditioning contractor or installer license who elects to proceed under subdivisions
1 and 2.

new text begin (b) The commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the bond registration from one year
to two years so that the expiration of bond registration corresponds with the expiration of
the license issued under section 326B.55.
new text end

Sec. 19.

Minnesota Statutes 2008, section 326B.58, is amended to read:


326B.58 FEES.

new text begin (a) new text endExamination fees for both water conditioning contractors and water conditioning
installers shall be $50 for each examination. Each new text begininitial new text endwater conditioning contractor
and installer license new text beginshall be effective for more than one calendar year and new text endshall expire on
December 31 of the year deleted text beginfor which it was issueddeleted text endnew text begin after the year in which the application
is made
new text end. The license fee for each initial water conditioning contractor's license shall be
deleted text begin $70deleted text endnew text begin $140new text end, except that the license fee shall be deleted text begin$35deleted text endnew text begin $105new text end 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 $70new text begin for one year or $140 for two yearsnew text end. The
license fee for each initial water conditioning installer license shall be deleted text begin$35deleted text endnew text begin $70new text end, except
that the license fee shall be deleted text begin$17.50deleted text endnew text begin $52.50new text end 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 $35new text begin for one year or $70 for two yearsnew text end.

new text begin (b) The commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the renewal of water conditioning
contractor and installer licenses from one year to two years. By June 30, 2011, all renewed
water conditioning contractor and installer licenses shall be two-year licenses.
new text endThe
commissioner may by rule prescribe for the expiration and renewal of licenses.

new text begin (c) new text endAny 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. 20.

Minnesota Statutes 2008, section 326B.815, subdivision 1, is amended to read:


Subdivision 1.

Licensing fee.

new text begin(a) new text endThe licensing fee for persons licensed pursuant
to sections 326B.802 to 326B.885, except for manufactured home installers, is deleted text begin$100 per
year
deleted text endnew text begin $200 for a two-year periodnew text end. The licensing fee for manufactured home installers under
section 327B.041 is $300 for a three-year period.

new text begin (b) All initial licenses, except for manufactured home installer licenses, shall be
effective for two years and shall expire on March 31 of the year after the year in which the
application is made. The license fee for each renewal of a residential contractor, residential
remodeler, or residential roofer license shall be $100 for one year and $200 for two years.
new text end

new text begin (c) The commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the renewal of residential
contractor, residential remodeler, and residential roofer licenses from one year to two
years. By June 30, 2011, all renewed residential contractor, residential remodeler, and
residential roofer licenses shall be two-year licenses.
new text end

Sec. 21.

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
of deleted text beginsevendeleted text endnew text begin 14new text end hours of continuing education per deleted text beginyeardeleted text endnew text begin two-year licensure periodnew text end in the
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. 22.

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 deleted text beginannualdeleted text end 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 326B.802 to 326B.885 are not state bonds or contracts
for purposes of sections 8.05 and 16C.05, subdivision 2.

Sec. 23.

Minnesota Statutes 2008, section 326B.885, subdivision 2, is amended to read:


Subd. 2.

deleted text beginAnnualdeleted text end Renewalnew text begin periodnew text end.

deleted text beginAny license issued or renewed after August
1, 1993, must be renewed annually except for
deleted text end new text begin(a) A residential contractor, residential
remodeler, and residential roofer license shall have a renewal period of two years. The
commissioner shall in a manner determined by the commissioner, without the need for any
rulemaking under chapter 14, phase in the renewal of residential contractor, residential
remodeler, and residential roofer licenses from one year to two years. By June 30, 2011,
all renewed residential contractor, residential remodeler, and residential roofer licenses
shall be two-year licenses.
new text end

new text begin (b) new text endA manufactured home installer's license deleted text beginwhichdeleted text end shall have a renewal period of
three years, effective for all renewals and new licenses issued after December 31, 2008.

Sec. 24.

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 326B.802 to 326B.885 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:

Fee
Gross Annual Receipts
deleted text begin $160 deleted text end new text begin $320
new text end
under $1,000,000
deleted text begin $210 deleted text end new text begin $420
new text end
$1,000,000 to $5,000,000
deleted text begin $260 deleted text end new text begin $520
new text end
over $5,000,000

Sec. 25.

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 deleted text begin$100deleted text endnew text begin $200new text end. The
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. 26.

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. deleted text beginThe license shall be
renewed annually.
deleted text endnew text begin All initial master's licenses shall be for two years. The commissioner
shall in a manner determined by the commissioner, without the need for any rulemaking
under chapter 14, phase in the renewal of master's licenses from one year to two years.
By June 30, 2011, all renewed master's licenses shall be two-year licenses.
new text end Fees for the
original issue and renewal of the license authorized under this section shall be pursuant to
section 326B.986, subdivision 2.

Sec. 27.

Minnesota Statutes 2008, section 326B.972, is amended to read:


326B.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. deleted text beginThe license must be
renewed annually, except as provided
deleted text endnew text begin Except for licenses describednew text end in section 326B.956
and except for provisional licenses described in paragraphs (d) to (g)new text begin;
new text end

new text begin (1) all initial licenses shall be for two years;
new text end

new text begin (2) the commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the renewal of licenses from
one year to two years; and
new text end

new text begin (3) by June 30, 2011, all licenses shall be two-year licensesnew text end.

(b) For purposes of sections 326B.952 to 326B.998, "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
renewed.

(g) The commissioner may issue no more than two provisional licenses to any
individual within a four-year period.

Sec. 28.

Minnesota Statutes 2008, section 326B.986, subdivision 2, is amended to read:


Subd. 2.

Fee amounts; master's.

The license and application fee for deleted text beginadeleted text endnew text begin an initialnew text end
master's license is deleted text begin$50deleted text endnew text begin $70new text end, or deleted text begin$20deleted text endnew text begin $40new text end if the applicant possesses a valid, unlimited, current
United States Coast Guard master's license. The deleted text beginannualdeleted text end renewal deleted text beginofdeleted text endnew text begin fee fornew text end a master's
license is $20new text begin for one year or $40 for two yearsnew text end. deleted text beginThe annual renewaldeleted text end Ifnew text begin the renewal fee isnew text end
paid later than 30 days after expiration deleted text beginis $35. The fee for replacement of a current, valid
license is $20
deleted text endnew text begin, then a late fee of $15 will be added to the renewal feenew text end.

Sec. 29.

Minnesota Statutes 2008, section 326B.986, subdivision 5, is amended to read:


Subd. 5.

Boiler engineer license fees.

new text begin(a) new text endFor the following licenses, the
nonrefundable license and application fee is:

(1) chief engineer's license, deleted text begin$50deleted text endnew text begin $70new text end;

(2) first class engineer's license, deleted text begin$50deleted text endnew text begin $70new text end;

(3) second class engineer's license, deleted text begin$50deleted text endnew text begin $70new text end;

(4) special engineer's license, deleted text begin$20deleted text endnew text begin $40new text end;

(5) traction or hobby boiler engineer's license, $50; and

(6) provisional license, $50.

new text begin (b) new text endAn engineer's license, except a provisional license, may be renewed upon
application and payment of deleted text beginan annualdeleted text endnew text begin anew text end renewal fee of $20new text begin for one year or $40 for two
years
new text end. deleted text beginThe annual renewal,deleted text end If new text beginthe renewal fee is new text endpaid later than 30 days after expiration,
deleted text begin is $35. The fee for replacement of a current, valid license is $20deleted text endnew text begin then a late fee of $15
will be added to the renewal fee
new text end.

Sec. 30.

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 deleted text begin$50. This fee is waiveddeleted text end new text begin$85
for inspectors who did not pay the examination fee or $35
new text endfor inspectors who paid
the examination fee. new text beginAll initial certificates of competency shall be effective for more
than one calendar year and shall expire on December 31 of the year after the year in
which the application is made. The commissioner shall in a manner determined by the
commissioner, without the need for any rulemaking under chapter 14, phase in the renewal
of certificates of competency from one calendar year to two calendar years. By June 30,
2011, all renewed certificates of competency shall