Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 206-H.F.No. 2386
An act relating to state government; merging the
Department of Economic Security and the Department of
Employment and Economic Development; making
corresponding technical and housekeeping changes;
amending Minnesota Statutes 2002, sections 3.922,
subdivision 10; 15.0591, subdivision 2; 116J.01,
subdivisions 4, 5; 116J.035, subdivision 2; 116J.551;
116J.64, subdivisions 4, 5, 7, 8, 9, by adding a
subdivision; 119A.46, subdivision 8; 144.9503,
subdivision 1; 171.321, subdivision 2; 181.73,
subdivision 1; 216C.10; 242.39, subdivision 3; 246.56,
subdivision 1; 256J.08, subdivision 52; 268.001;
268.0111, subdivision 4; 268.0122, subdivision 1;
268.29; 268.66, as amended; 268.665, as amended;
268.976, subdivision 2; 268A.01, subdivision 5;
Minnesota Statutes 2003 Supplement, sections 15.01;
15.057; 15.06, subdivision 1; 15A.0815, subdivision 2;
16C.05, subdivision 3; 116J.011; 116J.401; 116J.64,
subdivision 6; 116J.966, subdivision 1; 116J.980,
subdivision 1; 116J.994, subdivisions 9, 10; 116M.15,
subdivision 1; 248.07, subdivision 8; 256.482,
subdivision 1; 256C.233, subdivision 1; 268.014;
268.022, subdivision 1; 268.363; 462A.04, subdivisions
1, 4; proposing coding for new law in Minnesota
Statutes, chapters 116J; 268A; repealing Minnesota
Statutes 2002, sections 116J.036; 116J.414; 268.0111,
subdivisions 1, 2, 3a, 4a; 268.0121, subdivisions 1,
2; 268.0122, subdivisions 2, 5, 6; 268.027; 268.028;
268.26, subdivisions 2, 3; 268.361, subdivision 3;
268.3661; 268.551; 268.552; 268.56, subdivision 2;
268.561, subdivision 10; 268.61, subdivision 2;
268.65, subdivisions 1, 3, 4, 5; 268.666, subdivision
5; 268.89; 268.918; 268.95, subdivisions 1, 2, 3, 5;
Minnesota Statutes 2003 Supplement, sections 268.0122,
subdivision 3; 268.029; 268.26, subdivision 1; 268.65,
subdivision 2; 268.95, subdivision 4; 268.976,
subdivision 1; Laws 2001, chapter 175, section 49;
Minnesota Rules, parts 3300.0050; 3301.0180;
3301.0190; 3301.0200; 3301.0210; 3301.0220; 3301.0230;
3310.2903; 3310.2904; 3310.2905, subpart 1; 3310.2906;
3310.2907; 3310.2909; 3310.2918; 3315.0100; 3315.0202;
3315.0501, subparts 3, 4, 5; 3315.0510; 3315.0530,
subpart 1; 3315.0535; 3315.0545; 3315.0555, subpart 5;
3315.0915; 3315.0920; 3315.1005, subpart 2; 3315.1015;
3315.1301, subparts 3, 6; 3315.1305; 3315.1310;
3315.1650, subpart 1; 3315.2410; 3315.2610; 3315.2750;
3315.2810, subparts 1, 3; 3315.3220, subpart 4;
3320.0010; 3320.0020; 3320.0030; 7380.0200; 7380.0210;
7380.0220; 7380.0230; 7380.0240; 7380.0500; 7380.0510;
7380.0520; 7380.0530; 7380.0540; 7380.0550; 7380.0560;
7380.0570; 7380.0580; 7380.0581; 7380.0582; 7380.0600;
7380.0610; 7380.0620; 7380.0630; 7380.0640; 7380.0650;
7380.0800; 7380.0810; 7380.0820; 7380.0830; 7380.0840.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 3.922,
subdivision 10, is amended to read:
Subd. 10. [RULEMAKING.] Notwithstanding section 116J.64,
subdivision 7, or other law, the council does not have authority
to adopt, amend, or repeal rules or to adjudicate contested
cases or appeals. Rules adopted before July 1, 2001, may
continue in effect until amended or repealed by law.
Sec. 2. Minnesota Statutes 2003 Supplement, section 15.01,
is amended to read:
15.01 [DEPARTMENTS OF THE STATE.]
The following agencies are designated as the departments of
the state government: the Department of Administration; the
Department of Agriculture; the Department of Commerce; the
Department of Corrections; the Department of Education; the
Department of Economic Security; the Department of Employment
and Economic Development; the Department of Finance; the
Department of Health; the Department of Human Rights; the
Department of Labor and Industry; the Department of Military
Affairs; the Department of Natural Resources; the Department of
Employee Relations; the Department of Public Safety; the
Department of Human Services; the Department of Revenue; the
Department of Transportation; the Department of Veterans
Affairs; and their successor departments.
Sec. 3. Minnesota Statutes 2003 Supplement, section
15.057, is amended to read:
15.057 [PUBLICITY REPRESENTATIVES.]
No state department, bureau, or division, whether the same
operates on funds appropriated or receipts or fees of any nature
whatsoever, except the Department of Transportation, the
Department of Employment and Economic Development, the Game and
Fish Division, the Department of Economic Security, and the
State Agricultural Society shall use any of such funds for the
payment of the salary or expenses of a publicity
representative. The head of any such department, bureau, or
division shall be personally liable for funds used contrary to
this provision. This section shall not be construed, however,
as preventing any such department, bureau, or division from
sending out any bulletins or other publicity required by any
state law or necessary for the satisfactory conduct of the
business for which such department, bureau, or division was
created.
Sec. 4. Minnesota Statutes 2002, section 15.0591,
subdivision 2, is amended to read:
Subd. 2. [BODIES AFFECTED.] A member meeting the
qualifications in subdivision 1 must be appointed to the
following boards, commissions, advisory councils, task forces,
or committees:
(1) Advisory Council on Battered Women and Domestic Abuse;
(2) Advisory Task Force on the Use of State Facilities;
(3) Alcohol and Other Drug Abuse Advisory Council;
(4) Board of Examiners for Nursing Home Administrators;
(5) Board on Aging;
(6) Chiropractic Examiners Board;
(7) Consumer Advisory Council on Vocational Rehabilitation;
(8) (7) Council on Disability;
(9) (8) Council on Affairs of Chicano/Latino People;
(10) (9) Council on Black Minnesotans;
(11) (10) Dentistry Board;
(12) Department of Economic Security Advisory Council;
(13) (11) Higher Education Services Office;
(14) (12) Housing Finance Agency;
(15) (13) Indian Advisory Council on Chemical Dependency;
(16) (14) Medical Practice Board;
(17) (15) Medical Policy Directional Task Force on Mental
Health;
(18) Minnesota Employment and Economic Development Task
Force;
(19) (16) Minnesota State Arts Board;
(20) (17) Nursing Board;
(21) (18) Optometry Board;
(22) (19) Pharmacy Board;
(23) (20) Board of Physical Therapy;
(24) (21) Podiatry Board;
(25) (22) Psychology Board;
(26) (23) Veterans Advisory Committee.
Sec. 5. Minnesota Statutes 2003 Supplement, section 15.06,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] This section applies to
the following departments or agencies: the Departments of
Administration, Agriculture, Commerce, Corrections, Economic
Security, Education, Employee Relations, Employment and Economic
Development, Finance, Health, Human Rights, Labor and Industry,
Natural Resources, Public Safety, Human Services, Revenue,
Transportation, and Veterans Affairs; the Housing Finance and
Pollution Control Agencies; the Office of Commissioner of Iron
Range Resources and Rehabilitation; the Bureau of Mediation
Services; and their successor departments and agencies. The
heads of the foregoing departments or agencies are
"commissioners."
Sec. 6. Minnesota Statutes 2003 Supplement, section
15A.0815, subdivision 2, is amended to read:
Subd. 2. [GROUP I SALARY LIMITS.] The salaries for
positions in this subdivision may not exceed 95 percent of the
salary of the governor:
Commissioner of administration;
Commissioner of agriculture;
Commissioner of education;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of economic security;
Commissioner of employee relations;
Commissioner of finance;
Commissioner of health;
Executive director, Higher Education Services Office;
Commissioner, Housing Finance Agency;
Commissioner of human rights;
Commissioner of human services;
Executive director, State Board of Investment;
Commissioner of labor and industry;
Commissioner of natural resources;
Director of Office of Strategic and Long-Range Planning;
Commissioner, Pollution Control Agency;
Commissioner of public safety;
Commissioner of revenue;
Commissioner of employment and economic development;
Commissioner of transportation; and
Commissioner of veterans affairs.
Sec. 7. Minnesota Statutes 2003 Supplement, section
16C.05, subdivision 3, is amended to read:
Subd. 3. [EXCEPTION.] The requirements of subdivision 2 do
not apply to contracts of the Department of Employment and
Economic Security Development distributing state and federal
funds for the purpose of subcontracting the provision of program
services to eligible recipients. For these contracts, the
commissioner of employment and economic security development is
authorized to directly enter into agency contracts and encumber
available funds. For contracts distributing state or federal
funds pursuant to the federal Economic Dislocation and Worker
Adjustment Assistance Act, United States Code, title 29, section
1651 et seq., Workforce Investment Act, United States Code,
title 29, section 2911 et seq., or sections 268.9771, 268.978,
268.9781, and 268.9782 section 116L.17, the commissioner
of economic security employment and economic development in
consultation with the Job Skills Partnership Board is authorized
to directly enter into agency contracts with approval of the
Workforce Development Council and encumber available funds to
ensure a rapid response to the needs of dislocated workers. The
commissioner of employment and economic security development
shall adopt internal procedures to administer and monitor funds
distributed under these contracts. This exception also applies
to any contracts entered into by the commissioner of
education and the Jobs Skills Partnership Board that were
previously entered into by the commissioner of employment and
economic security development.
Sec. 8. Minnesota Statutes 2002, section 116J.01,
subdivision 4, is amended to read:
Subd. 4. [APPOINTMENT OF DEPUTY COMMISSIONER DIRECTOR OF
THE OFFICE OF TOURISM.] The deputy commissioner director of the
Office of Tourism shall be appointed by the governor.
The deputy commissioner director is under the supervision of the
commissioner and serves in the unclassified service.
Sec. 9. Minnesota Statutes 2002, section 116J.01,
subdivision 5, is amended to read:
Subd. 5. [DEPARTMENTAL ORGANIZATION.] (a) The commissioner
shall organize the department as provided in section 15.06.
(b) The commissioner may establish divisions and offices
within the department. The commissioner may employ four deputy
commissioners in the unclassified service. One deputy must
direct the Minnesota Trade Office and must be experienced and
knowledgeable in matters of international trade. One must
direct the Office of Tourism and be knowledgeable in matters of
tourism.
(c) The commissioner shall:
(1) employ assistants and other officers, employees, and
agents that the commissioner considers necessary to discharge
the functions of the commissioner's office;
(2) define the duties of the officers, employees, and
agents, and delegate to them any of the commissioner's powers,
duties, and responsibilities, subject to the commissioner's
control and under conditions prescribed by the commissioner.
(d) The commissioner shall ensure that there are at least
three trade employment and economic development officers in
state offices in nonmetropolitan areas of the state who will
work with local units of government on developing local trade
employment and economic development.
Sec. 10. Minnesota Statutes 2003 Supplement, section
116J.011, is amended to read:
116J.011 [MISSION.]
The mission of the Department of Employment and Economic
Development is to employ all of the available state government
resources to facilitate an economic environment that produces
net new job growth in excess of the national average, to improve
the quality of existing jobs, and to increase nonresident and
resident tourism revenues while improving the quality of the
state workforce. These actions will support the economic
success of Minnesota individuals, businesses, and communities by
providing opportunities for growth. It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) report to the legislature on the performance of agency
operations and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; and
(7) recommend to the legislature appropriate changes in law
necessary to carry out the mission and improve the performance
of the department.
Sec. 11. Minnesota Statutes 2002, section 116J.035,
subdivision 2, is amended to read:
Subd. 2. [RULES.] The commissioner may adopt rules
pursuant to chapter 14 as necessary to carry out the
commissioner's duties and responsibilities pursuant to this
chapter.
Sec. 12. Minnesota Statutes 2003 Supplement, section
116J.401, is amended to read:
116J.401 [POWERS AND DUTIES.]
The commissioner of employment and economic development
shall:
(1) provide regional development commissions, the
Metropolitan Council, and units of local government with
information, technical assistance, training, and advice on using
federal and state programs;
(2) receive and administer the Small Cities Community
Development Block Grant Program authorized by Congress under the
Housing and Community Development Act of 1974, as amended;
(3) receive and administer the section 107 technical
assistance program grants authorized by Congress under the
Housing and Community Development Act of 1974, as amended;
(4) receive and administer grants for the Minnesota Jail
Resource Center authorized by Congress under the Juvenile
Justice and Delinquency Prevention Act of 1974, as amended;
(5) receive and, 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; and
(6) (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 268.86, subdivision 2;
(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; and
(23) establish and maintain administrative units necessary
to perform administrative functions common to all divisions of
the department.
Sec. 13. Minnesota Statutes 2002, section 116J.551, is
amended to read:
116J.551 [CREATION OF ACCOUNT ACCOUNTS.]
Subdivision 1. [GRANT ACCOUNT.] A contaminated site
cleanup and development grant account is created in the general
fund. Money in the account may be used, as appropriated by law,
to make grants as provided in section 116J.554 and to pay for
the commissioner's costs in reviewing applications and making
grants.
Subd. 2. [REVOLVING LOAN ACCOUNT.] A revolving loan
account is created in a special revenue fund for the Minnesota
cleanup revolving loan fund, funded by the United States
Environmental Protection Agency. Money in the account may be
invested by the State Board of Investment. Money in the account
must be used to provide loans and grants in accordance with
section 116J.559 and the Brownfields Revitalization and
Environmental Restoration Act of 2001, Public Law 107-118, title
II, under the authority of the United States Environmental
Protection Agency, and to pay for the commissioner's cost in
reviewing applications and making loans and/or grants.
Sec. 14. [116J.559] [LOANS.]
The commissioner may provide loans and grants that meet the
criteria of the Brownfields Revitalization and Environmental
Restoration Act of 2001, Public Law 107-118, title II, under the
authority of the United States Environmental Protection Agency,
from the account established in section 116J.551, subdivision
2. The commissioner shall prioritize the projects pursuant to
section 116J.555.
Sec. 15. Minnesota Statutes 2002, section 116J.64,
subdivision 4, is amended to read:
Subd. 4. "Tribal council government" means the reservation
business committee, board of trustees, tribal council, federally
recognized tribal entity, or equivalent duly constituted tribal
authority.
Sec. 16. Minnesota Statutes 2002, section 116J.64,
subdivision 5, is amended to read:
Subd. 5. "Agency" means the Indian Affairs Council
Department of Employment and Economic Development.
Sec. 17. Minnesota Statutes 2002, section 116J.64, is
amended by adding a subdivision to read:
Subd. 5a. "Eligible organization" means any organization
approved by a tribal government to administer its portion of the
Indian business loan fund allotted to the tribal government.
Sec. 18. Minnesota Statutes 2003 Supplement, section
116J.64, subdivision 6, is amended to read:
Subd. 6. (a) The remaining 20 percent of the tax revenue
received by the county auditor under section 273.165,
subdivision 1, shall be remitted by the county auditor to the
commissioner of finance and shall be deposited in an account in
the special revenue fund. The account is established under the
jurisdiction and control of the agency, which may engage in a
business loan program for American Indians as that term is
defined in subdivision 2.
(b) The tribal councils governments or eligible
organization may administer the account, provided that, before
making any eligible loans, each tribal council government must
submit to the agency, for its review and approval, a plan for
that council's government's loan program which specifically
describes, as to that program, its content, the application and
reporting forms, utilization of money, administration,
operation, implementation, and other matters required by the
agency. The plan may provide for the tribal government to
contract with an eligible organization to administer its loan
program.
(c) All such programs plans must provide for a reasonable
balance in the distribution of money appropriated pursuant to
this section to make business loans between Indians residing on
and off the reservations within the state. Each tribal
government may allocate all, or a portion of, the funds in its
account to one or more other tribal governments for purposes of
making eligible loans. As a condition to the making of such
eligible loans, the tribal councils governments shall enter into
a loan agreement and other contractual arrangements with the
agency to carry out this chapter, and shall agree that all
official books and records relating to the business loan program
shall be subject to audit by the legislative auditor in the same
manner prescribed for agencies of state government.
(d) Whenever money is appropriated by the commissioner of
finance to the agency solely for the purposes in this
subdivision, the agency shall record in the Indian business loan
account the receipt and disbursement of the money and of the
income, gain and loss from the investment and reinvestment of
the money.
Sec. 19. Minnesota Statutes 2002, section 116J.64,
subdivision 7, is amended to read:
Subd. 7. (a) An Indian desiring a loan for the purpose of
starting a business enterprise, or expanding an existing
business, or for technical and management assistance, shall make
application to the Indian Affairs Council appropriate tribal
government. The Indian Affairs Council shall prescribe the
necessary forms and advise the prospective borrower as to the
conditions under which the application may be expected to
receive favorable consideration. The application shall be
forwarded to the appropriate tribal council eligible
organization, if it is participating in the program,
for approval or disapproval, and shall be consideration in
conformity with the plans submitted by said tribal councils
governments. The tribal government may approve the application
if it determines that the loan would advance the goals of the
Indian business loan program. If the tribal council government
is not participating in the program, the Indian Affairs Council
agency may directly administer approve or deny the loan
application.
(b) If the application is approved, the Indian Affairs
Council tribal government shall forward the application,
together with all relevant documents pertinent thereto, to the
commissioner of finance the agency, who shall draw cause a
warrant to be drawn in favor of the applicable tribal council or
the Indian Affairs Council government, or the agency, if it is
administering the loan, with appropriate notations identifying
the borrower. The tribal council or the Indian Affairs Council,
if it is administering the loan, shall thereafter reimburse
suppliers and vendors for purchases of equipment, real estate
and inventory made by the borrower pursuant to the conditions or
guidelines established by the Indian Affairs Council.
(c) The tribal council or the Indian Affairs
Council government, eligible organization, or the agency, if it
is administering the loan, shall maintain records of
transactions for each borrower in a manner consistent with good
accounting practice. Simple interest at two percent of the
amount of the debt owed shall be charged. The interest rate on
a loan shall be established by the tribal government or the
agency, but may be no less than two percent per annum nor more
than ten percent per annum. When any portion of a debt is
repaid, the tribal council or the Indian Affairs Council
government, eligible organization, or the agency, if it is
administering the loan, shall remit the amount so received plus
interest paid thereon to the commissioner of finance through the
Indian Affairs Council agency. The amount so received shall be
credited to the Indian business loan account. The tribal
council or the Indian Affairs Council, if it is administering
the loan, shall secure a fidelity bond from a surety company, in
favor of the commissioner of finance, in an amount equal to the
maximum amount to the credit of its loan account during the
fiscal year.
(d) On the placing of a loan, additional money equal to ten
percent of the total amount made available to any tribal council
or the Indian Affairs Council government, eligible organization,
or the agency, if it is administering the loan, for loans during
the fiscal year shall be paid to the council tribal government,
eligible organization, or the agency, prior to December 31 for
the purpose of financing administrative costs.
Sec. 20. Minnesota Statutes 2002, section 116J.64,
subdivision 8, is amended to read:
Subd. 8. Loans made under subdivision 7 shall be limited
to a period of 20 ten years, if made for the purpose of
financing nonreal estate purchases. Loans made for the purpose
of financing real estate purchases, where such real property is
to be used for nonresidential purposes only, shall be limited to
a period of 40 20 years, and shall be a lien on the real
property so acquired. Under no circumstances shall the state
take a position junior to third lien. In instances where it is
impossible or undesirable to secure a lien against real
property, the state may secure a lien against personal property
for an amount equal to, or greater than, the face value of the
loan to ensure that adequate collateral is provided.
Sec. 21. Minnesota Statutes 2002, section 116J.64,
subdivision 9, is amended to read:
Subd. 9. Any person misrepresenting facts regarding the
Indian ancestry of a prospective borrower for the purpose of
securing a loan under subdivision 7, whether such borrower be is
an individual, partnership or corporation, shall be guilty of a
gross misdemeanor.
Sec. 22. Minnesota Statutes 2003 Supplement, section
116J.966, subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] (a) The commissioner shall
promote, develop, and facilitate trade and foreign investment in
Minnesota. In furtherance of these goals, and in addition to
the powers granted by section 116J.035, the commissioner may:
(1) locate, develop, and promote international markets for
Minnesota products and services;
(2) arrange and lead trade missions to countries with
promising international markets for Minnesota goods, technology,
services, and agricultural products;
(3) promote Minnesota products and services at domestic and
international trade shows;
(4) organize, promote, and present domestic and
international trade shows featuring Minnesota products and
services;
(5) host trade delegations and assist foreign traders in
contacting appropriate Minnesota businesses and investments;
(6) develop contacts with Minnesota businesses and gather
and provide information to assist them in locating and
communicating with international trading or joint venture
counterparts;
(7) provide information, education, and counseling services
to Minnesota businesses regarding the economic, commercial,
legal, and cultural contexts of international trade;
(8) provide Minnesota businesses with international trade
leads and information about the availability and sources of
services relating to international trade, such as export
financing, licensing, freight forwarding, international
advertising, translation, and custom brokering;
(9) locate, attract, and promote foreign direct investment
and business development in Minnesota to enhance employment
opportunities in Minnesota;
(10) provide foreign businesses and investors desiring to
locate facilities in Minnesota information regarding sources of
governmental, legal, real estate, financial, and business
services;
(11) enter into contracts or other agreements with private
persons and public entities, including agreements to establish
and maintain offices and other types of representation in
foreign countries, to carry out the purposes of promoting
international trade and attracting investment from foreign
countries to Minnesota and to carry out this section, without
regard to section 16C.06; and
(12) market trade-related materials to businesses and
organizations, and the proceeds of which must be placed in a
special revolving account and are appropriated to the
commissioner to prepare and distribute trade-related materials.
(b) The programs and activities of the commissioner of
employment and economic development and the Minnesota Trade
Division may not duplicate programs and activities of the
commissioner of agriculture or the Minnesota World Trade Center.
(c) The commissioner shall notify the chairs of the senate
finance and house appropriations committees of each agreement
under this subdivision to establish and maintain an office or
other type of representation in a foreign country.
Sec. 23. Minnesota Statutes 2003 Supplement, section
116J.980, subdivision 1, is amended to read:
Subdivision 1. [DUTIES.] The Department of Employment and
Economic Development shall:
(1) be responsible for administering all state community
development and assistance programs, including the economic
recovery account, the outdoor recreation grant program, the
rural development programs, the Minnesota Public Facilities
Authority loan and grant programs, and the enterprise zone
program;
(2) be responsible for state administration of federally
funded community development and assistance programs, including
the small cities development grant program, the Minnesota
cleanup revolving loan fund program created under the
Brownfields Revitalization and Environmental Restoration Act of
2001, Public Law 107-118, title II, under the authority of the
United States Environmental Protection Agency, and land and
water conservation program programs;
(3) provide technical assistance to rural communities for
community development in cooperation with regional development
commissions;
(4) coordinate the development and review of state rural
development policies; and
(5) be responsible for coordinating community assistance
and development programs in cooperation with regional
development commissions.
Sec. 24. Minnesota Statutes 2003 Supplement, section
116J.994, subdivision 9, is amended to read:
Subd. 9. [COMPILATION AND SUMMARY REPORT.] The Department
of Employment and Economic Development must publish a
compilation and summary of the results of the reports for the
previous two calendar year years by August December 1 of 2004
and every other year thereafter. The reports of the government
agencies to the department and the compilation and summary
report of the department must be made available to the public.
The commissioner must coordinate the production of reports
so that useful comparisons across time periods and across
grantors can be made. The commissioner may add other
information to the report as the commissioner deems necessary to
evaluate business subsidies. Among the information in the
summary and compilation report, the commissioner must include:
(1) total amount of subsidies awarded in each development
region of the state;
(2) distribution of business subsidy amounts by size of the
business subsidy;
(3) distribution of business subsidy amounts by time
category;
(4) distribution of subsidies by type and by public
purpose;
(5) percent of all business subsidies that reached their
goals;
(6) percent of business subsidies that did not reach their
goals by two years from the benefit date;
(7) total dollar amount of business subsidies that did not
meet their goals after two years from the benefit date;
(8) percent of subsidies that did not meet their goals and
that did not receive repayment;
(9) list of recipients that have failed to meet the terms
of a subsidy agreement in the past five years and have not
satisfied their repayment obligations;
(10) number of part-time and full-time jobs within separate
bands of wages; and
(11) benefits paid within separate bands of wages.
Sec. 25. Minnesota Statutes 2003 Supplement, section
116J.994, subdivision 10, is amended to read:
Subd. 10. [COMPILATION.] The Department of Employment and
Economic Development must publish a compilation of granting
agencies' criteria policies adopted in the previous two calendar
years by August December 1 of 2004 and every other year
thereafter.
Sec. 26. Minnesota Statutes 2003 Supplement, section
116M.15, subdivision 1, is amended to read:
Subdivision 1. [CREATION; MEMBERSHIP.] The Urban
Initiative Board is created and consists of the commissioners
commissioner of employment and economic development and economic
security, the chair of the Metropolitan Council, and eight
members from the general public appointed by the governor. Six
of the public members must be representatives from minority
business enterprises. No more than four of the public members
may be of one gender. All public members must be experienced in
business or economic development.
Sec. 27. Minnesota Statutes 2002, section 119A.46,
subdivision 8, is amended to read:
Subd. 8. [TESTING AND EVALUATION.] (a) Testing of the
environment is not necessary by swab teams whose work is
assigned by the commissioner of health or a designated board of
health under section 144.9504. The commissioner of health or
designated board of health must share the analytical testing
data collected on each residence for purposes of secondary
prevention under section 144.9504 with the swab team workers in
order to provide constructive feedback on their work and to the
commissioner for the purposes set forth in paragraph (c).
(b) For purposes of primary prevention evaluation, the
following samples must be collected: pretesting and posttesting
of one noncarpeted floor dust lead sample and a notation of the
extent and location of bare soil and of deteriorated lead-based
paint. The analytical testing data collected on each residence
for purposes of primary prevention under section 144.9503 must
be shared with the swab team workers in order to provide
constructive feedback on their work and to the commissioner for
the purposes set forth in paragraph (c).
(c) The commissioner of health must establish a program in
cooperation with the commissioner to collect appropriate data as
required under paragraphs (a) and (b), in order to conduct an
ongoing evaluation of swab team services for primary and
secondary prevention. Within the limits of available
appropriations, the commissioner of health must conduct or
contract with the commissioner, on up to 1,000 residences which
have received primary or secondary prevention swab team
services, a postremediation evaluation, on at least a quarterly
basis for a period of at least two years for each residence.
The evaluation must note the condition of the paint within the
residence, the extent of bare soil on the grounds, and collect
and analyze one noncarpeted floor dust lead sample. The data
collected must be evaluated to determine the efficacy of
providing swab team services as a method of reducing lead
exposure in young children. In evaluating this data, the
commissioner of health must consider city size, community
location, historic traffic flow, soil lead level of the property
by area or census tract, distance to industrial point sources
that emit lead, season of the year, age of the housing, age and
number of children living at the residence, the presence of pets
that move in and out of the residence, and other relevant
factors as the commissioner of health may determine. This
evaluation of the swab team program may be paid from amounts
appropriated to the Department of Economic Security for
providing swab team services.
Sec. 28. Minnesota Statutes 2002, section 144.9503,
subdivision 1, is amended to read:
Subdivision 1. [PRIMARY PREVENTION PROGRAM.] The
commissioner shall develop and maintain a primary prevention
program to reduce lead exposure in young children and pregnant
women. A board of health serving a city of the first class
shall determine areas at high risk for toxic lead exposure
before doing primary prevention lead hazard reduction
activities. The program shall provide primary prevention lead
education materials, promote primary prevention swab team
services in cooperation with the commissioner of economic
security or housing finance, provide lead cleanup equipment and
material grants as funding allows, monitor regulated lead work,
and develop and maintain lead-safe practices in cooperation with
the commissioner of administration.
Sec. 29. Minnesota Statutes 2002, section 171.321,
subdivision 2, is amended to read:
Subd. 2. [RULES.] (a) The commissioner of public safety
shall prescribe rules governing the physical qualifications of
school bus drivers and tests required to obtain a school bus
endorsement. The rules must provide that an applicant for a
school bus endorsement or renewal is exempt from the physical
qualifications and medical examination required to operate a
school bus upon providing evidence of being medically examined
and certified within the preceding 24 months as physically
qualified to operate a commercial motor vehicle, pursuant to
Code of Federal Regulations, title 49, part 391, subpart E, or
rules of the commissioner of transportation incorporating those
federal regulations. The commissioner shall accept physical
examinations for school bus drivers conducted by medical
examiners authorized as provided by Code of Federal Regulations,
title 49, chapter 3, part 391, subpart E.
(b) The commissioner of public safety, in conjunction with
the commissioner of economic security education, shall adopt
rules prescribing a training program for Head Start bus
drivers. The program must provide for initial classroom and
behind-the-wheel training, and annual in-service training. The
program must provide training in defensive driving, human
relations, emergency and accident procedures, vehicle
maintenance, traffic laws, and use of safety equipment. The
program must provide that the training will be conducted by the
contract operator for a Head Start agency, the Head Start
grantee, a licensed driver training school, or by another person
or entity approved by both commissioners.
Sec. 30. Minnesota Statutes 2002, section 181.73,
subdivision 1, is amended to read:
Subdivision 1. Any person, association, organization, or
other group employing five or more persons, full time, part time
or otherwise, who come within the definition of recruited
migrant laborers as hereafter defined and who are employed or
are recruited to be employed in the processing of agricultural
produce other than as field labor, shall provide at its expense
health care insurance during the period of employment or for
illness or injury incurred while employed. Such health care
insurance shall be in accordance with such rules as the
commissioner of economic security labor and industry may
prescribe by rule for each such recruited migrant laborer who is
not a resident of Minnesota and who does not have health care
insurance meeting the requirements of the rules promulgated by
the commissioner of economic security labor and industry.
Sec. 31. Minnesota Statutes 2002, section 216C.10, is
amended to read:
216C.10 [COMMISSIONER POWERS.]
(a) The commissioner may:
(1) adopt rules under chapter 14 as necessary to carry out
the purposes of sections 216C.05 to 216C.30;
(2) make all contracts under sections 216C.05 to 216C.30
and do all things necessary to cooperate with the United States
government, and to qualify for, accept, and disburse any grant
intended for the administration of sections 216C.05 to 216C.30;
(3) provide on-site technical assistance to units of local
government in order to enhance local capabilities for dealing
with energy problems;
(4) administer for the state, energy programs under federal
law, regulations, or guidelines, except for the low-income home
energy assistance program and low-income weatherization programs
administered by the Department of Economic Security, and
coordinate the programs and activities with other state
agencies, units of local government, and educational
institutions;
(5) develop a state energy investment plan with yearly
energy conservation and alternative energy development goals,
investment targets, and marketing strategies;
(6) perform market analysis studies relating to
conservation, alternative and renewable energy resources, and
energy recovery;
(7) assist with the preparation of proposals for innovative
conservation, renewable, alternative, or energy recovery
projects;
(8) manage and disburse funds made available for the
purpose of research studies or demonstration projects related to
energy conservation or other activities deemed appropriate by
the commissioner;
(9) intervene in certificate of need proceedings before the
Public Utilities Commission;
(10) collect fees from recipients of loans, grants, or
other financial aid from money received from litigation or
settlement of alleged violations of federal petroleum-pricing
regulations, which fees must be used to pay the department's
costs in administering those financial aids; and
(11) collect fees from proposers and operators of
conservation and other energy-related programs that are
reviewed, evaluated, or approved by the department, other than
proposers that are political subdivisions or community or
nonprofit organizations, to cover the department's cost in
making the reviewal, evaluation, or approval and in developing
additional programs for others to operate.
(b) Notwithstanding any other law, the commissioner is
designated the state agent to apply for, receive, and accept
federal or other funds made available to the state for the
purposes of sections 216C.05 to 216C.30.
Sec. 32. Minnesota Statutes 2002, section 242.39,
subdivision 3, is amended to read:
Subd. 3. [COOPERATION; TYPES OF PROGRAMS.] The
commissioner of corrections shall work with the commissioner of
natural resources, the commissioner of economic security public
safety, local government and nonprofit agencies, educational
institutions, and the courts to design and develop suitable
juvenile restitution grant programs. Programs must provide
services to communities, including but not necessarily limited
to, park maintenance, recycling, and other related work.
Eligible juveniles may earn monetary restitution on behalf of a
victim or perform a service for the victim. Work performed by
eligible juveniles must not result in the displacement of
currently employed full- or part-time workers or workers on
seasonal layoff or layoff from a substantially equivalent
position, including partial displacement such as reduction in
hours of nonovertime work, wages, or other employment benefits.
Any monetary restitution earned by an eligible juvenile must
either be forwarded to the victim or held in an account for the
benefit of the victim.
Sec. 33. Minnesota Statutes 2002, section 246.56,
subdivision 1, is amended to read:
Subdivision 1. [THERAPEUTIC WORK ACTIVITIES.] The
commissioner of human services is hereby authorized to
establish, subject to the approval of the commissioner of
economic security, work activity programs for the purpose of
providing therapeutic work activities for regional treatment
center patients with mental illness and regional treatment
center residents with mental retardation. Work activity
programs may be established for the provision of services and
for the manufacture, processing and repairing of goods, wares,
and merchandise. Work activity programs may be located on the
grounds of the regional treatment center or at work sites in the
community. In establishing services the commissioner shall
cooperate with existing agencies to avoid duplication of
available services to the extent feasible.
Sec. 34. Minnesota Statutes 2003 Supplement, section
248.07, subdivision 8, is amended to read:
Subd. 8. [USE OF REVOLVING FUND, LICENSES FOR OPERATION OF
VENDING MACHINES.] The revolving fund created by Laws 1947,
chapter 535, section 5, is continued as provided in this
subdivision and shall be known as the revolving fund for
vocational rehabilitation of the blind. It shall be used for
the purchase of equipment and supplies for establishing and
operating of vending stands by blind persons. All income,
receipts, earnings, and federal grants due to the operation
thereof shall also be paid into the fund. All interest earned
on money accrued in the fund must be credited to the fund by the
commissioner of finance. All equipment, supplies, and expenses
for setting up these stands shall be paid for from the fund.
Authority is hereby given to the commissioner to use the money
available in the revolving fund that originated as operational
charges to individuals licensed under this subdivision for the
establishment, operation, and supervision of vending stands by
blind persons for the following purposes: (1) purchase, upkeep
and replacement of equipment; (2) expenses incidental to the
setting up of new stands and improvement of old 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.
Money originally deposited as merchandise and supplies
repayments by individuals licensed under this subdivision may be
expended for initial and replacement stocks of supplies and
merchandise. Money originally deposited from vending income on
federal property must be spent consistent with federal law.
All other deposits may be used for the purchase of general
liability insurance or any other expense related to the
operation and supervision of vending stands.
The commissioner shall issue each license for the operation
of a vending stand or vending machine for an indefinite period
but may terminate any license in the manner provided. In
granting licenses for new or vacated stands preference on the
basis of seniority of experience in operating stands under the
control of the commissioner shall be given to capable operators
who are deemed competent to handle the enterprise under
consideration. Application of this preference shall not
prohibit the commissioner from selecting an operator from the
community in which the stand is located.
Sec. 35. Minnesota Statutes 2003 Supplement, section
256.482, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; MEMBERS.] There is hereby
established the Council on Disability which shall consist of 21
members appointed by the governor. Members shall be appointed
from the general public and from organizations which provide
services for persons who have a disability. A majority of
council members shall be persons with a disability or parents or
guardians of persons with a disability. There shall be at least
one member of the council appointed from each of the state
development regions. The commissioners of the Departments of
Education, Human Services, Health, Economic Security, and Human
Rights and the directors of the Division of Rehabilitation
Services and State Services for the Blind in the Department of
Employment and Economic Development or their designees shall
serve as ex officio members of the council without vote. In
addition, the council may appoint ex officio members from other
bureaus, divisions, or sections of state departments which are
directly concerned with the provision of services to persons
with a disability.
Notwithstanding the provisions of section 15.059, each
member of the council appointed by the governor shall serve a
three-year term and until a successor is appointed and
qualified. The compensation and removal of all members shall be
as provided in section 15.059. The governor shall appoint a
chair of the council from among the members appointed from the
general public or who are persons with a disability or their
parents or guardians. Vacancies shall be filled by the
authority for the remainder of the unexpired term.
Sec. 36. Minnesota Statutes 2003 Supplement, section
256C.233, subdivision 1, is amended to read:
Subdivision 1. [DEAF AND HARD-OF-HEARING DIVISION.] The
commissioners of human services, education, employment and
economic security development, and health shall create a
distinct and separate organizational unit to be known as the
Deaf and Hard-of-Hearing Services Division to address the
developmental, social, educational, and occupational needs of
deaf, deaf-blind, and hard-of-hearing persons through a
statewide network of collaborative services and by coordinating
the promulgation of public policies, regulations, legislation,
and programs affecting deaf, deaf-blind, and hard-of-hearing
persons. An interdepartmental management team shall supervise
advise the activities of the Deaf and Hard-of-Hearing Services
Division. The commissioner of human services shall coordinate
the work of the interagency management team and receive
legislative appropriations for the division.
Sec. 37. Minnesota Statutes 2002, section 256J.08,
subdivision 52, is amended to read:
Subd. 52. [LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM OR
LIHEAP.] "Low-income home energy assistance program" or "LIHEAP"
means the program authorized under United States Code, title 42,
chapter 94, subchapter II, sections 8621 to 8629, and
administered by the Minnesota Department of Economic
Security Commerce.
Sec. 38. Minnesota Statutes 2002, section 268.001, is
amended to read:
268.001 [CITATION; ECONOMIC SECURITY UNEMPLOYMENT INSURANCE
LAW.]
This chapter shall be known and may be cited as the
"Minnesota Economic Security Unemployment Insurance Law."
Sec. 39. Minnesota Statutes 2002, section 268.0111,
subdivision 4, is amended to read:
Subd. 4. [EMPLOYMENT AND TRAINING SERVICES.] "Employment
and training services" means programs, activities, and services
related to job training, job placement, and job creation
including job service programs, Job Training
Partnership Workforce Investment Act programs, wage subsidies,
job search, counseling, case management, community work
experience programs, displaced homemaker programs, disadvantaged
job training programs, grant diversion, youth employment
programs, conservation corps, apprenticeship programs, community
development corporations, economic development programs,
workforce development services to employers, and opportunities
industrialization centers.
Sec. 40. Minnesota Statutes 2002, section 268.0122,
subdivision 1, is amended to read:
Subdivision 1. [STATE AGENCY.] The commissioner of
employment and economic security development is designated the
"state agency" as defined by United States Code, title 29,
section 49c, the Wagner-Peyser Act, as amended through December
31, 1984.
Sec. 41. Minnesota Statutes 2003 Supplement, section
268.014, is amended to read:
268.014 [COOPERATION WITH OTHER STATE AGENCIES.]
To effectively coordinate job training and placement
services with future job needs of the state the commissioner
shall maintain close liaison, coordination and cooperation with
the commissioner of employment and economic development and any
other state agency involved in employment issues affecting the
state.
Sec. 42. Minnesota Statutes 2003 Supplement, section
268.022, subdivision 1, is amended to read:
Subdivision 1. [DETERMINATION AND COLLECTION OF SPECIAL
ASSESSMENT.] (a) In addition to all other taxes, assessments,
and payment obligations under chapter 268 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 one-tenth
of one percent per year until June 30, 2000, and
seven-hundredths of one percent per year on and after July 1,
2000, on all taxable wages, as defined in section 268.035,
subdivision 24. The assessment shall become due and be paid by
each employer to the department on the same schedule and in the
same manner as other taxes amounts due from an employer under
section 268.051, subdivision 1.
(b) The special assessment levied under this section shall
not affect the computation of any other taxes, assessments, or
payment obligations due under this chapter be subject to the
same requirements and collection procedures as any amounts due
from an employer under the Minnesota unemployment insurance
program.
Sec. 43. Minnesota Statutes 2002, section 268.29, is
amended to read:
268.29 [JUVENILE JUSTICE PROGRAM.]
The governor shall designate the Department of Economic
Security Public Safety as the sole agency responsible for
supervising the preparation and administration of the state plan
for juvenile justice required by the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended.
The governor shall designate the Juvenile Justice Advisory
Committee as the supervisory board for the Department of
Economic Security Public Safety with respect to preparation and
administration of the state plan and award of grants.
The governor shall appoint members to the Juvenile Justice
Advisory Committee in accordance with the membership
requirements of the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended. Section 15.059, subdivision 3, governs
the compensation of the members.
Sec. 44. Minnesota Statutes 2003 Supplement, section
268.363, is amended to read:
268.363 [ADVISORY COMMITTEE.]
A 13-member 12-member advisory committee is established as
provided under section 15.059 to assist the commissioner in
selecting eligible organizations to receive program grants and
evaluating the final reports of each
organization. Notwithstanding section 15.059, the advisory
committee shall not expire before June 30, 1995. Members of the
committee may be reimbursed for expenses but may not receive any
other compensation for service on the committee. The advisory
committee consists of representatives of the commissioners of
education, human services, and employment and economic
security development; a representative of the chancellor of the
Minnesota State Colleges and Universities; a representative of
the commissioner of the Housing Finance Agency; the director of
the Office of Jobs Policy; and seven public members appointed by
the governor. Each of the following groups must be represented
by a public member experienced in working with targeted youth:
labor organizations, local educators, community groups,
consumers, local housing developers, youth between the ages of
16 and 24 who have a period of homelessness, and other homeless
persons. At least three of the public members must be from
outside of the metropolitan area as defined in section 473.121,
subdivision 2. The commissioner may provide staff to the
advisory committee to assist it in carrying out its purpose.
Sec. 45. Minnesota Statutes 2002, section 268.66, as
amended by Laws 2003, First Special Session chapter 4, section
1, is amended to read:
268.66 [FIRST SOURCE AGREEMENTS.]
Subdivision 1. [LIST OF VACANCIES.] A business or private
enterprise receiving grants or loans from the state in amounts
over $200,000 a year shall as part of the grant or loan agree to
list any vacant or new positions with the job services of the
commissioner of economic security or the local service
units state workforce centers.
Subd. 2. [GRANT AND LOAN AGREEMENTS.] The commissioner of
employment and economic development shall incorporate the
provisions of this section into grant and loan agreements and
assist the commissioner of economic security and the local
service units to promote private sector listings with job
services and to evaluate their effect on employers and
individuals who are referred.
Sec. 46. Minnesota Statutes 2002, section 268.665, as
amended by Laws 2003, chapter 130, section 12, and Laws 2003,
First Special Session chapter 4, section 1, is amended to read:
268.665 [WORKFORCE DEVELOPMENT COUNCIL.]
Subdivision 1. [CREATION.] The governor's Workforce
Development Council is created under the authority of the Job
Training Partnership Act, United States Code, title 29, section
1501 Workforce Investment Act, United States Code, title 29,
section 2911, et seq. Local workforce development councils are
authorized under the Job Training Partnership Act, United States
Code, title 29, section 1501 and the one stop career center
system Workforce Investment Act. The governor's Workforce
Development Council serves as Minnesota's Workforce Investment
Board for the purposes of the federal Workforce Investment Act.
Subd. 2. [MEMBERSHIP.] The governor's Workforce
Development Council is composed of 33 31 members appointed by
the governor. The members may be removed pursuant to section
15.059. In selecting the representatives of the council, the
governor shall ensure that 50 percent of the members come from
nominations provided by local workforce councils. Local
education representatives shall come from nominations provided
by local education to employment partnerships. The 33 31
members shall represent the following sectors:
(a) State agencies: the following individuals shall serve
on the council:
(1) commissioner of the Minnesota Department of Employment
and Economic Security Development;
(2) commissioner of the Minnesota Department of
Education; and
(3) commissioner of the Minnesota Department of Human
Services; and
(4) commissioner of the Minnesota Department of Employment
and Economic Development.
(b) Business and industry: six individuals shall represent
the business and industry sectors of Minnesota.
(c) Organized labor: six individuals shall represent labor
organizations of Minnesota.
(d) Community-based organizations: four individuals shall
represent community-based organizations of Minnesota.
Community-based organizations are defined by the Job Training
Partnership Workforce Investment Act as private nonprofit
organizations that are representative of communities or
significant segments of communities and that provide job
training services, agencies serving youth, agencies serving
individuals with disabilities, agencies serving displaced
homemakers, union-related organizations, and employer-related
nonprofit organizations and organizations serving nonreservation
Indians and tribal governments have demonstrated expertise and
effectiveness in the field of workforce investment and may
include entities that provide job training services, serve
youth, serve individuals with disabilities, serve displaced
homemakers, union-related organizations, employer-related
nonprofit organizations, and organizations serving
nonreservation Indians and tribal governments.
(e) Education: six individuals shall represent the
education sector of Minnesota as follows:
(1) one individual shall represent local public secondary
education;
(2) one individual shall have expertise in design and
implementation of school-based service-learning;
(3) one individual shall represent postsecondary
education leadership of the University of Minnesota;
(4) one individual shall represent secondary/postsecondary
vocational institutions;
(5) the chancellor of the Board of Trustees of the
Minnesota State Colleges and Universities; and
(6) one individual shall have expertise in agricultural
education.
(f) Other: two individuals shall represent other
constituencies including:
(1) units of local government; and
(2) applicable state or local programs.
The speaker and the minority leader of the house of
representatives shall each appoint a representative to serve as
an ex officio member of the council. The majority and minority
leaders of the senate shall each appoint a senator to serve as
an ex officio member of the council. After January 1, 1997, the
Minnesota director of the Corporation for National Service shall
also serve as an ex officio member.
(g) Appointment: each member shall be appointed for a term
of three years from the first day of January or July immediately
following their appointment. Elected officials shall forfeit
their appointment if they cease to serve in elected office.
(h) Members of the council are compensated as provided in
section 15.059, subdivision 3.
Subd. 3. [PURPOSE; DUTIES.] The governor's Workforce
Development Council shall replace the governor's Job Training
Council and assume all of its requirements, duties, and
responsibilities, under the Job Training Partnership Act, United
States Code, title 29, section 1501, et seq Workforce Investment
Act. Additionally, the Workforce Development Council shall
assume the following duties and responsibilities:
(a) Coordinate the development, implementation, and
evaluation of the statewide education and employment transitions
system under section 124D.46. Beginning January 1, 1997, the
council shall also coordinate the development, implementation,
and evaluation of the Minnesota youth services programs under
sections 124D.39 to 124D.44, and the National and Community
Services Act of 1993, United States Code, title 42, section
12501, et seq.
(b) Review the provision of services and the use of funds
and resources under applicable federal human resource programs
and advise the governor on methods of coordinating the provision
of services and the use of funds and resources consistent with
the laws and regulations governing the programs. For purposes
of this section, applicable federal and state human resource
programs mean the:
(1) Job Training Partnership Act, United States Code, title
29, section 1501 Workforce Investment Act, United States Code,
title 29, section 2911, et seq.;
(2) Carl D. Perkins Vocational and Applied Technology
Education Act, United States Code, title 20, section 2301, et
seq.;
(3) National and Community Service Act of 1993, United
States Code, title 42, section 12501, et seq.;
(4) Adult Education Act, United States Code, title 20,
section 1201, et seq.;
(5) (4) Wagner-Peyser Act, United States Code, title 29,
section 49;
(6) Social Security Act, title IV, part F, (JOBS), United
States Code, title 42, section 681, et seq. (5) Personal
Responsibility and Work Opportunities Act of 1996 (TANF);
(7) (6) Food Stamp Act of 1977, United States Code, title
7, section 6(d)(4), Food Stamp Employment and Training Program,
United States Code, title 7, section 2015(d)(4); and
(8) (7) programs defined in section 268.0111, subdivision 5
; and
(9) School to Work Opportunity Act of 1994, Public Law
103-239.
Additional federal and state programs and resources can be
included within the scope of the council's duties if recommended
by the governor after consultation with the council.
(c) (b) Review federal, state, and local education,
postsecondary, job skills training, and youth employment
programs, and make recommendations to the governor and the
legislature for establishing an integrated seamless system for
providing education, service-learning, and work skills
development services to learners and workers of all ages.
(d) (c) Advise the governor on the development and
implementation of statewide and local performance standards and
measures relating to applicable federal human resource programs
and the coordination of performance standards and measures among
programs.
(e) Develop program guidelines and recommend grant approval
procedures to the Department of Education for grants to local
education and employment transition partnerships, including
implementation grants under section 124D.46, grants for youth
apprenticeship programs under section 124D.47, and youth
employer grants; and
(1) coordinate implementation of the education and
employment transitions system under section 124D.46;
(2) (d) promote education and employment transitions
programs and knowledge and skills of entrepreneurship among
employers, workers, youth, and educators, and encourage
employers to provide meaningful work-based learning
opportunities;
(3) (e) evaluate and identify exemplary education and
employment transitions programs and provide technical assistance
to local partnerships to replicate the programs throughout the
state;
(4) establish a performance-based quality assurance system
for consistent statewide evaluation of the performance of the
education and employment transitions system at both the state
and local level;
(5) conduct an annual review of each local education and
employment transitions partnership to ensure it adequately meets
the quality assurance standards established as part of the state
quality assurance system;
(6) develop the methods to assess local partnership
effectiveness;
(7) annually publish a report on the findings of the
evaluations of each local education transitions partnership;
(8) promote knowledge and skills of entrepreneurship among
students in kindergarten through grade 12 by sharing information
about the ways new business development contributes to a strong
economy.
(f) Advise the governor on methods to evaluate applicable
federal human resource programs.
(g) Sponsor appropriate studies to identify human
investment needs in Minnesota and recommend to the governor
goals and methods for meeting those needs.
(h) Recommend to the governor goals and methods for the
development and coordination of a human resource system in
Minnesota.
(i) Examine federal and state laws, rules, and regulations
to assess whether they present barriers to achieving the
development of a coordinated human resource system.
(j) Recommend to the governor and to the federal government
changes in state or federal laws, rules, or regulations
concerning employment and training programs that present
barriers to achieving the development of a coordinated human
resource system.
(k) Recommend to the governor and to the federal government
waivers of laws and regulations to promote coordinated service
delivery.
(l) Sponsor appropriate studies and prepare and recommend
to the governor a strategic plan which details methods for
meeting Minnesota's human investment needs and for developing
and coordinating a state human resource system.
Subd. 3a. [EXECUTIVE COMMITTEE DUTIES.] The executive
committee must, with advice and input of local workforce
councils and other stakeholders as appropriate, develop
performance standards for the state workforce centers. By
January 15, 2002, and each odd-numbered year thereafter, the
executive committee shall submit a report to the senate and
house committees with jurisdiction over workforce development
programs regarding the performance and outcomes of the workforce
centers. The report must provide recommendations regarding
workforce center funding levels and sources, program changes,
and administrative changes.
Subd. 4. [SUBCOMMITTEES.] The governor's workforce
development council shall appoint an advisory subcommittee the
majority of whose members shall represent business and industry
to advise the council on the establishment of the statewide
education and employment transitions system. The chair of the
Workforce Development Council may establish subcommittees in
order to carry out the duties and responsibilities of the
council.
Subd. 5. [STAFFING.] The Department of Employment and
Economic Security Development must provide staff support to the
Minnesota Workforce Development Council. The Department of
Economic Security and the Department of Education shall jointly
staff the Education and Employment Transitions Subcommittee and
its activity with the full council. The support includes
professional, technical, and clerical staff necessary to perform
the duties assigned to the Workforce Development Council. The
council may ask for assistance from other units of state
government as it requires in order to fulfill its duties and
responsibilities.
Subd. 6. [EXPIRATION.] The council expires immediately if
it is no longer required by federal law as a condition of
receiving federal funding, or if there is no federal funding for
the human resource programs within the scope of the council's
duties.
Sec. 47. Minnesota Statutes 2002, section 268.976,
subdivision 2, is amended to read:
Subd. 2. [NOTICE.] (a) The commissioner shall encourage
those business establishments considering a decision to effect a
plant closing, substantial layoff, or relocation of operations
located in this state to give notice of that decision as early
as possible to the commissioner, the employees of the affected
establishment, any employee organization representing the
employees, and the local government unit in which the affected
establishment is located. This notice shall be in addition to
any notice required under the Worker Adjustment and Retraining
Notification Act, United States Code, title 29, section 2101.
(b) Notwithstanding section 268.975, subdivision 6, For
purposes of this section, "plant closing" means the announced or
actual permanent or temporary shutdown of a single site of
employment, or one or more facilities or operating units within
a single site of employment, if the shutdown results in an
employment loss at the single site of employment during any
30-day period for 50 or more employees excluding employees who
work less than 20 hours per week.
Sec. 48. Minnesota Statutes 2002, section 268A.01,
subdivision 5, is amended to read:
Subd. 5. [PERSON WITH A DISABILITY.] "Person with a
disability" means a person who because of a substantial
physical, mental, or emotional disability requires special
services in order to enjoy the benefits of society an
"individual with a disability" as defined in the federal
Rehabilitation Act of 1973, as amended.
Sec. 49. [268A.085] [REHABILITATION FACILITY BOARDS.]
Subdivision 1. [APPOINTMENT; MEMBERSHIP.] Every city,
town, county, nonprofit corporation, or combination thereof
establishing a rehabilitation facility shall appoint a
rehabilitation facility board of no fewer than nine members
before becoming eligible for the assistance provided by sections
268A.06 to 268A.15. When any city, town, or county singly
establishes such a rehabilitation facility, the board shall be
appointed by the chief executive officer of the city or the
chair of the governing board of the county or town. When any
combination of cities, towns, counties, or nonprofit
corporations establishes a rehabilitation facility, the chief
executive officers of the cities, nonprofit corporations, and
the chairs of the governing bodies of the counties or towns
shall appoint the board. If a nonprofit corporation singly
establishes a rehabilitation facility, the corporation shall
appoint the board of directors. Membership on a board shall be
representative of the community served and shall include a
person with a disability. One-third to one-half of the board
shall be representative of industry or business. The remaining
members should be representative of lay associations for persons
with a disability, labor, the general public, and education,
welfare, medical, and health professions. Nothing in sections
268A.06 to 268A.15 shall be construed to preclude the
appointment of elected or appointed public officials or members
of the board of directors of the sponsoring nonprofit
corporation to the board, so long as the representation
described above is preserved. If a county establishes an
extended employment program and manages the program with county
employees, the governing board shall be the county board of
commissioners, and other provisions of this chapter pertaining
to membership on the governing board do not apply.
Subd. 2. [DUTIES.] Subject to the provisions of sections
268A.06 to 268A.15 and the rules of the department, each
rehabilitation facility board shall:
(1) review and evaluate the need for extended employment
programs offered by the rehabilitation facility provided under
sections 268A.06 to 268A.15;
(2) recruit and promote local financial support for
extended employment programs from private sources including:
the United Way; business, industrial, and private foundations;
voluntary agencies; and other lawful sources, and promote public
support for municipal and county appropriations;
(3) promote, arrange, and implement working agreements with
other educational and social service agencies, both public and
private, and any other allied agencies; and
(4) when an extended employment program offered by the
rehabilitation facility is certified, act as the administrator
of the rehabilitation facility and its programs for purposes of
this chapter.
Sec. 50. Minnesota Statutes 2003 Supplement, section
462A.04, subdivision 1, is amended to read:
Subdivision 1. [CREATION; MEMBERS.] There is created a
public body corporate and politic to be known as the "Minnesota
Housing Finance Agency," which shall perform the governmental
functions and exercise the sovereign powers delegated to it in
this chapter in furtherance of the public policies and purposes
declared in section 462A.02. The agency shall consist of the
commissioner of employment and economic development, state
auditor, and five six public members appointed by the governor
with advice and consent of the senate. No more than two three
public members shall reside in the area of jurisdiction of the
Metropolitan Council as provided in section 473.123, subdivision
1, and no more than one public member shall reside in any one of
the development regions established under the provisions of
sections 462.381 to 462.396. Each member shall hold office
until a successor has been appointed and has qualified. A
certificate of appointment or reappointment of any member shall
be conclusive evidence of the due and proper appointment of the
member.
Sec. 51. Minnesota Statutes 2003 Supplement, section
462A.04, subdivision 4, is amended to read:
Subd. 4. [CHAIRS.] The chair of the board of directors
shall be designated by the governor from among the public
members appointed. The vice-chair of the board shall be the
commissioner of employment and economic development.
Sec. 52. [REVISOR INSTRUCTION.]
(a) The revisor of statutes shall substitute "employment
and economic development" for "economic security" when the
reference refers to the department or commissioner in Minnesota
Statutes, sections 3C.12; 4.045; 10A.01; 13.32; 13.43; 13.46;
13.47; 13.475; 13.791; 14.03; 14.3691; 15.39; 16B.181; 16B.54;
16C.10; 16C.15; 116C.772; 116L.04; 119A.04; 119A.15; 119B.011;
124D.375; 124D.49; 124D.52; 125A.023; 125A.28; 125A.59;
144.0525; 145.9266; 176.011; 176.102; 176.181; 176.186; 176.291;
176.361; 245.4705; 245.696; 245.697; 245.771; 248.07; 252.33;
252.431; 256.482; 256.998; 256C.26; 256C.28; 256D.02; 256D.051;
256J.49; 256J.51; 256J.61; 256J.645; 256J.751; 268.035,
subdivisions 8a and 12a; 268.86; 268A.01; 268A.02; 268A.07;
268A.11; 268A.13; 268A.14; 268A.15; 270A.09; 290.92; 363A.06;
363A.20; 375.552; 469.301; 474A.045; 480A.06; 480A.09; 517.08;
518.551; 518.5513; 523.24; and 611A.202.
(b) The revisor of statutes shall substitute "unemployment
insurance" for "reemployment insurance" in Minnesota Statutes,
section 356.50.
(c) The revisor of statutes shall substitute "unemployment
insurance" for "unemployment compensation" in Minnesota
Statutes, sections 116J.993; 256B.0952; 256B.421; 256D.051; and
299C.69.
(d) The revisor of statutes shall substitute "unemployment
insurance program" for "unemployment insurance program and job
service" in Minnesota Statutes, chapter 268.
(e) The revisor of statutes shall substitute "knowingly"
for "intentionally" in Minnesota Statutes, chapter 268.
(f) The revisor of statutes shall substitute
"rehabilitation services" for "Division of Rehabilitation
Services" when referring to the Department of Employment and
Economic Development operating unit in Minnesota Statutes,
sections 176.102, subdivision 10; 268A.03; 268A.11; and 268A.15.
(g) The revisor of statutes shall substitute "employment
and economic development" for "trade and economic development"
when referring to the department or commissioner of employment
and economic development in Minnesota Statutes, sections
469.005; 473.351; and 473.608.
(h) The revisor of statutes shall change the title of
Minnesota Statutes, chapter 116L, to "Workforce Development."
(i) The revisor of statutes shall renumber each section of
Minnesota Statutes specified in column A with the number set
forth in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
Column A Column B
268.0111, subds. 4 to 9 116L.19, subds. 4 to 9
268.0121, subd. 3 116J.01, subd. 6
268.0121, subd. 4 116J.035, subd. 4
268.0121, subd. 5 116J.035, subd. 5
268.0122, subd. 1 116J.401, subd. 2
268.0122, subd. 4 116J.035, subd. 4
268.0122, subd. 7 116J.401, subd. 3
268.0124 116J.0124
268.0125 116J.0125
268.014 116J.014
268.022 116L.20
268.29 299A.72
268.30 116L.30
268.361 116L.361
268.362 116L.362
268.3625 116L.3625
268.363 116L.363
268.364 116L.364
268.365 116L.365
268.366 116L.366
268.56 116L.56
268.561 116L.561
268.60 116L.60
268.61 116L.61
268.62 116L.62
268.63 116L.63
268.64 116L.64
268.66 116L.66
268.665 116L.665
268.666 116L.666
268.86 116L.86
268.871 116L.871
268.872 116L.872
268.88 116L.88
268.881 116L.881
268.9165 119A.545
268.96 116L.96
268.976 116L.976
Sec. 53. [REPEALER.]
Subdivision 1. [MINNESOTA STATUTES.] Minnesota Statutes
2002, sections 116J.036; 116J.414; 268.0111, subdivisions 1, 2,
3a, and 4a; 268.0121, subdivisions 1 and 2; 268.0122,
subdivisions 2, 5, and 6; 268.027; 268.028; 268.26, subdivisions
2 and 3; 268.361, subdivision 3; 268.3661; 268.551; 268.552;
268.56, subdivision 2; 268.561, subdivision 10; 268.61,
subdivision 2; 268.65, subdivisions 1, 3, 4, and 5; 268.666,
subdivision 5; 268.89; 268.918; and 268.95, subdivisions 1, 2,
3, and 5, are repealed. Minnesota Statutes 2003 Supplement,
sections 268.0122, subdivision 3; 268.029; 268.26, subdivision
1; 268.65, subdivision 2; 268.95, subdivision 4; and 268.976,
subdivision 1, are repealed.
Subd. 2. [LAWS.] Laws 2001, chapter 175, section 49, is
repealed.
Subd. 3. [MINNESOTA RULES.] Minnesota Rules, parts
3300.0050; 3301.0180; 3301.0190; 3301.0200; 3301.0210;
3301.0220; 3301.0230; 3310.2903; 3310.2904; 3310.2905, subpart
1; 3310.2906; 3310.2907; 3310.2909; 3310.2918; 3315.0100;
3315.0202; 3315.0501, subparts 3, 4, and 5; 3315.0510;
3315.0530, subpart 1; 3315.0535; 3315.0545; 3315.0555, subpart
5; 3315.0915; 3315.0920; 3315.1005, subpart 2; 3315.1015;
3315.1301, subparts 3 and 6; 3315.1305; 3315.1310; 3315.1650,
subpart 1; 3315.2410; 3315.2610; 3315.2750; 3315.2810, subparts
1 and 3; 3315.3220, subpart 4; 3320.0010; 3320.0020; 3320.0030;
7380.0200; 7380.0210; 7380.0220; 7380.0230; 7380.0240;
7380.0500; 7380.0510; 7380.0520; 7380.0530; 7380.0540;
7380.0550; 7380.0560; 7380.0570; 7380.0580; 7380.0581;
7380.0582; 7380.0600; 7380.0610; 7380.0620; 7380.0630;
7380.0640; 7380.0650; 7380.0800; 7380.0810; 7380.0820;
7380.0830; and 7380.0840, are repealed.
Sec. 54. [EFFECTIVE DATE.]
Sections 1 to 53 are effective the day following final
enactment.
Presented to the governor May 14, 2004
Signed by the governor May 18, 2004, 3:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes