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CHAPTER 116L. WORKFORCE DEVELOPMENT

Table of Sections
SectionHeadnote
116L.001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.

JOB SKILLS PARTNERSHIP

116L.01DEFINITIONS.
116L.02JOB SKILLS PARTNERSHIP PROGRAM.
116L.03BOARD.
116L.04PARTNERSHIP POWER.
116L.05FUNDING.
116L.06HIRE EDUCATION LOAN PROGRAM.
116L.10HEALTH CARE AND HUMAN SERVICES WORKER PROGRAM.
116L.11DEFINITIONS.
116L.12FUNDING MECHANISM.
116L.13PROGRAM REQUIREMENTS.
116L.14CAREER ENHANCEMENT REQUIREMENTS.
116L.146EXPEDITED GRANT PROCESS.
116L.15SMALL EMPLOYER PROTECTION.
116L.16DISTANCE-WORK GRANTS.
116L.17STATE DISLOCATED WORKER PROGRAM.
116L.18SPECIAL INCUMBENT WORKER TRAINING GRANTS.

GENERALLY

116L.19DEFINITIONS.
116L.20WORKFORCE DEVELOPMENT FUND.
116L.30Renumbered 299A.73

PLANNING FOR YOUTH EMPLOYMENT

116L.361DEFINITIONS.
116L.362GRANTS.
116L.3625ADMINISTRATIVE COSTS.
116L.363ADVISORY COMMITTEE.
116L.364PROGRAM PURPOSE AND DESIGN.
116L.365HOUSING FOR HOMELESS.
116L.366REQUIREMENTS OF ORGANIZATIONS RECEIVING GRANTS.

MINNESOTA YOUTH PROGRAM

116L.56MINNESOTA YOUTH PROGRAM; DEFINITIONS.
116L.561MINNESOTA YOUTH PROGRAM.

JOB TRAINING

116L.60PURPOSE.
116L.61DEFINITIONS.
116L.62DISTRIBUTION AND USE OF STATE MONEY.
116L.63CRITERIA FOR DISTRIBUTION OF MONEY.
116L.64MONEY DISTRIBUTION.
116L.66FIRST SOURCE AGREEMENTS.
116L.665WORKFORCE DEVELOPMENT COUNCIL.
116L.666WORKFORCE SERVICE AREAS.
116L.86EMPLOYMENT AND TRAINING PROGRAMS.
116L.871LOCAL DELIVERY.
116L.872STATE FUNDING OF EMPLOYMENT AND TRAINING PROGRAMS.
116L.88LOCAL SERVICE UNIT PLANS.
116L.881INDIAN TRIBE PLANS.
116L.96DISPLACED HOMEMAKER PROGRAMS.
116L.976EARLY WARNING SYSTEM.
116L.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

JOB SKILLS PARTNERSHIP

116L.01 DEFINITIONS.
    Subdivision 1. Generally. For the purposes of sections 116L.01 to 116L.17, the terms
defined in this section have the meanings given them.
    Subd. 2. Partnership. "Partnership" means the Minnesota Job Skills Partnership created
by section 116L.02.
    Subd. 3. Board. "Board" means the partnership board created by section 116L.03.
    Subd. 4. Workforce development intermediaries. "Workforce development intermediaries"
means public, private, or nonprofit entities that provide employment services to low-income
individuals and have a demonstrated track record bringing together employers and workers,
private and public funding streams, and other stakeholders to implement pathways to career
advancement for low-income individuals. Entities may include, but are not limited to, nonprofit
organizations, educational institutions, or the administrative entity of a local workforce service
area.
History: 1983 c 334 s 1,7; 1987 c 384 art 13 s 27; 1987 c 386 art 10 s 8; 1987 c 401 s 36;
1989 c 335 art 1 s 270; 2001 c 7 s 30; 2004 c 257 s 1; 2007 c 135 art 2 s 12
116L.02 JOB SKILLS PARTNERSHIP PROGRAM.
(a) The Minnesota Job Skills Partnership program is created to act as a catalyst to bring
together employers with specific training needs with educational or other nonprofit institutions
which can design programs to fill those needs. The partnership shall work closely with employers
to prepare, train and place prospective or incumbent workers in identifiable positions as well
as assisting educational or other nonprofit institutions in developing training programs that
coincide with current and future employer requirements. The partnership shall provide grants to
educational or other nonprofit institutions for the purpose of training workers. A participating
business must match the grant-in-aid made by the Minnesota Job Skills Partnership. The match
may be in the form of funding, equipment, or faculty.
(b) The partnership program shall administer the health care and human services worker
training and retention program under sections 116L.10 to 116L.15.
(c) The partnership program is authorized to use funds to pay for training for individuals who
have incomes at or below 200 percent of the federal poverty line. The board may grant funds to
eligible recipients to pay for board-certified training. Eligible recipients of grants may include
public, private, or nonprofit entities that provide employment services to low-income individuals.
History: 1983 c 334 s 2,7; 1987 c 384 art 3 s 27; 1987 c 386 art 10 s 1,8; 1987 c 401 s 36;
1989 c 335 art 1 s 164,270; 1999 c 245 art 10 s 2; 2001 c 181 s 1; 2003 c 128 art 13 s 28
116L.03 BOARD.
    Subdivision 1. Members. The partnership shall be governed by a board of 12 directors.
    Subd. 2. Appointment. The Minnesota Job Skills Partnership Board consists of: seven
members appointed by the governor, the commissioner of employment and economic
development, the chancellor, or the chancellor's designee, of the Minnesota State Colleges and
Universities, the president, or the president's designee, of the University of Minnesota, and
two nonlegislator members, one appointed by the Subcommittee on Committees of the senate
Committee on Rules and Administration and one appointed by the speaker of the house. If the
chancellor or the president of the university makes a designation under this subdivision, the
designee must have experience in technical education. Four of the appointed members must
be members of the governor's Workforce Development Council, of whom two must represent
organized labor and two must represent business and industry. One of the appointed members
must be a representative of a nonprofit organization that provides workforce development or
job training services.
    Subd. 3. Qualifications. Members must have expertise in, and be representative of the
following fields of education, job skills training, labor, business, and government.
    Subd. 4. Chair. The chair shall be appointed by the governor.
    Subd. 5. Terms. The terms of appointed members shall be for four years except 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. 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.
    Subd. 6.[Repealed, 1987 c 386 art 10 s 7; 1987 c 401 s 39]
    Subd. 7. Offices. The Department of Employment and Economic Development shall provide
office space and staff to the Job Skills Partnership Board for the execution of its duties. The board
shall hire an executive director to assist in carrying out its duties.
    Subd. 8. Board meetings. (a) If compliance with section 13D.02 is impractical, the
Minnesota Job Skills Partnership Board may conduct a meeting of its members by telephone or
other electronic means so long as the following conditions are met:
(1) all members of the board participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
(2) members of the public present at the regular meeting location of the board can hear
clearly all discussion and testimony and all votes of members of the board and, if needed, receive
those services required by sections 15.44 and 15.441;
(3) at least one member of the board is physically present at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's vote on each issue can be identified
and recorded.
(b) Each member of the board participating in a meeting by telephone or other electronic
means is considered present at the meeting for purposes of determining a quorum and participating
in all proceedings.
(c) If telephone or other electronic means is used to conduct a meeting, the board, to the
extent practical, shall allow a person to monitor the meeting electronically from a remote location.
The board may require the person making such a connection to pay for documented marginal
costs that the board incurs as a result of the additional connection.
(d) If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board shall provide notice of the regular meeting location, of the fact that some
members may participate by telephone or other electronic means, and of the provisions of
paragraph (c). The timing and method of providing notice is governed by section 13D.04.
History: 1983 c 289 s 115 subd 1; 1983 c 334 s 3,7; 1984 c 544 s 84; 1984 c 642 s 3;
1Sp1985 c 14 art 9 s 5,75; 1986 c 444; 1987 c 312 art 1 s 26 subd 2; 1987 c 384 art 3 s 27; 1987
c 386 art 10 s 2-5,8; 1987 c 401 s 36; 1989 c 335 art 1 s 165,166,270; 1991 c 345 art 1 s 74;
1993 c 363 s 1,2; 1994 c 483 s 1; 1995 c 212 art 4 s 64; 1996 c 395 s 6,7; 1999 c 223 art 2 s
29; art 3 s 1,2; 1Sp2001 c 4 art 2 s 3; 1Sp2003 c 4 s 1; 2005 c 163 s 54; 1Sp2005 c 1 art 4
s 25; 2007 c 13 art 1 s 10
116L.04 PARTNERSHIP POWER.
    Subdivision 1. Partnership program. (a) The partnership program may provide grants-in-aid
to educational or other nonprofit educational institutions using the following guidelines:
(1) the educational or other nonprofit educational institution is a provider of training within
the state in either the public or private sector;
(2) the program involves skills training that is an area of employment need; and
(3) preference will be given to educational or other nonprofit training institutions which
serve economically disadvantaged people, minorities, or those who are victims of economic
dislocation and to businesses located in rural areas.
(b) A single grant to any one institution shall not exceed $400,000. A portion of a grant may
be used for preemployment training.
    Subd. 1a. Pathways program. The pathways program may provide grants-in-aid for
developing programs which assist in the transition of persons from welfare to work and assist
individuals at or below 200 percent of the federal poverty guidelines. The program is to be
operated by the board. The board shall consult and coordinate with program administrators at
the Department of Employment and Economic Development to design and provide services for
temporary assistance for needy families recipients.
    Pathways grants-in-aid may be awarded to educational or other nonprofit training institutions
or to workforce development intermediaries for education and training programs and services
supporting education and training programs that serve eligible recipients.
    Preference shall be given to projects that:
    (1) provide employment with benefits paid to employees;
    (2) provide employment where there are defined career paths for trainees;
    (3) pilot the development of an educational pathway that can be used on a continuing basis
for transitioning persons from welfare to work; and
    (4) demonstrate the active participation of Department of Employment and Economic
Development workforce centers, Minnesota State College and University institutions and other
educational institutions, and local welfare agencies.
    Pathways projects must demonstrate the active involvement and financial commitment of
private business. Pathways projects must be matched with cash or in-kind contributions on at
least a one-half-to-one ratio by participating private business.
    A single grant to any one institution shall not exceed $400,000. A portion of a grant may be
used for preemployment training.
    Subd. 2. Information. The board may collect and disseminate information concerning
areas of projected employment need. The board may also prepare and publish studies, organize
conferences, and conduct special projects which will increase knowledge and communication in
the areas of employment need, skills training, and education.
    Subd. 3.[Repealed, 1987 c 403 art 2 s 164]
    Subd. 4.[Repealed, 2004 c 257 s 12]
History: 1983 c 334 s 4,7; 1Sp1985 c 14 art 9 s 6; 1987 c 384 art 3 s 27; 1987 c 386 art
10 s 8; 1987 c 401 s 36; 1989 c 335 art 1 s 167,270; 1997 c 200 art 1 s 58,59; 1999 c 223 art
2 s 30; 2000 c 488 art 2 s 6; 2001 c 181 s 2; 1Sp2001 c 4 art 2 s 4; 2003 c 128 art 13 s 29,30;
2004 c 206 s 52; 2006 c 281 art 4 s 6,7; 2007 c 135 art 2 s 13
116L.05 FUNDING.
    Subdivision 1. Federal job training funds. The board may use federal job training program
moneys and is authorized to receive those funds.
    Subd. 2. Grants, gifts. The board may accept gifts and grants of any type from any source.
    Subd. 3. Use of funds. The Job Skills Partnership Board may use up to six percent of any
funds it receives, regardless of the source, for activities authorized under section 116L.04,
subdivision 2
.
    Subd. 4.[Repealed, 1Sp2005 c 1 art 4 s 124]
    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 116L.04, 116L.06,
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.
History: 1983 c 334 s 5,7; 1987 c 384 art 3 s 27; 1987 c 386 art 10 s 8; 1987 c 401 s 36; 1989
c 335 art 1 s 270; 1993 c 363 s 3; 1Sp2001 c 4 art 2 s 5; 2004 c 257 s 2; 1Sp2005 c 1 art 4 s 26
116L.06 HIRE EDUCATION LOAN PROGRAM.
    Subdivision 1. Fund uses. The Job Skills Partnership Board may make loans to Minnesota
employers to train persons for jobs in Minnesota. The loans must be used to train current and
prospective employees of an employer for specific jobs with the employer.
    Subd. 2. Loan process. The board shall establish a schedule and competitive process for
accepting loan applications. The board shall evaluate loan applications.
    Subd. 3. Loan priority. The board shall give priority to loans that provide training for
jobs that are permanent, provide health coverage and other fringe benefits, and have a career or
job path with prospects for wage increases.
    Subd. 4. Loan terms. Loans may be secured or unsecured, shall be for a term of no more
than five years, and shall bear no interest. The maximum amount of a loan is $250,000. A loan
origination fee of up to two percent of the principal of the loan may be charged. An employer
may have only one outstanding loan. The loans shall contain such other standard commercial
loan terms as the board deems appropriate.
    Subd. 5. Loan uses. Loans must be used by an employer to obtain the most effective training
available from public or private training institutions. An employer must document to the board
the process the employer has utilized to ensure that the proposed loan is used to acquire the most
cost-effective training and provide a training plan.
    Subd. 6. Packaging loans. The board may package a grant it makes under section 116L.04
with a loan under this section.
    Subd. 7. Loan repayments. Loan repayments and loan origination fees shall be retained
by the board for board programs.
History: 1997 c 200 art 1 s 60; 1999 c 223 art 2 s 31; 2001 c 181 s 3
116L.10 HEALTH CARE AND HUMAN SERVICES WORKER PROGRAM.
A health care and human services worker training and retention program is established to:
(1) alleviate critical worker shortages confronting specific geographical areas of the state,
specific health care and human services industries, or specific providers when employers are not
currently offering sufficient worker training and retention options and are unable to do so because
of the limited size of the employer, economic circumstances, or other limiting factors described in
the grant application and verified by the board; and
(2) increase opportunities for current and potential direct care employees to qualify for
advanced employment in the health care or human services fields through experience, training,
and education.
History: 1999 c 245 art 10 s 3
116L.11 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 116L.10 to 116L.15, the terms defined in
this section have the meanings given them unless the context clearly indicates otherwise.
    Subd. 2. Eligible employer. "Eligible employer" means a nursing facility, small rural
hospital, intermediate care facility for persons with developmental disability, waivered
services provider, home health services provider, personal care assistant services provider,
semi-independent living services provider, day training and habilitation services provider, or
similar provider of health care or human services.
    Subd. 3. Potential employee target groups. "Potential employee target groups" means high
school students, past and present recipients of Minnesota family investment program benefits,
immigrants, senior citizens, current health care and human services workers, and persons who
are underemployed or unemployed.
    Subd. 4. Qualifying consortium. "Qualifying consortium" means an entity that includes a
public or private institution of higher education and one eligible employer.
History: 1999 c 245 art 10 s 4; 1Sp2001 c 9 art 6 s 1; 2002 c 379 art 1 s 113; 2005 c 56 s 1
116L.12 FUNDING MECHANISM.
    Subdivision 1. Applications. A qualifying consortium shall apply to the board in the manner
specified by the board.
    Subd. 2.[Repealed, 1Sp2001 c 9 art 6 s 8]
    Subd. 3. Program targets. Applications for grants must describe targeted employers or types
of employers and must describe the specific critical work force shortage the program is designed
to alleviate. Programs may be limited geographically or be statewide. The application must
include verification that in the process of determining that a critical work force shortage exists
in the target area, the applicant has:
(1) consulted available data on worker shortages;
(2) conferred with other employers in the target area; and
(3) compared shortages in the target area with shortages at the regional or statewide level.
    Subd. 4. Grants. Within the limits of available appropriations, the board shall make grants
not to exceed $400,000 each to qualifying consortia to operate local, regional, or statewide training
and retention programs. Grants may be made from TANF funds, general fund appropriations,
and any other funding sources available to the board, provided the requirements of those funding
sources are satisfied. A portion of a grant may be used for preemployment training. Grant awards
must establish specific, measurable outcomes and timelines for achieving those outcomes.
    Subd. 5. Local match requirements. A consortium must satisfy the match requirements
established in section 116L.02, paragraph (a).
    Subd. 6. Ineligible worker categories. Grants shall not be made to alleviate shortages of
physicians, physician assistants, or advanced practice nurses.
    Subd. 7.[Repealed, 1Sp2001 c 9 art 6 s 8]
History: 1999 c 245 art 10 s 5; 1Sp2001 c 9 art 6 s 2,3; 2002 c 379 art 1 s 113; 2003 c
128 art 13 s 31; 2006 c 281 art 4 s 8
116L.13 PROGRAM REQUIREMENTS.
    Subdivision 1. Marketing and recruitment. A qualifying consortium must implement a
marketing and outreach strategy to recruit into the health care and human services fields persons
from one or more of the potential employee target groups. Recruitment strategies must include:
(1) a screening process to evaluate whether potential employees may be disqualified as the
result of a required background check or are otherwise unlikely to succeed in the position for
which they are being recruited; and
(2) a process for modifying course work to meet the training needs of non-English-speaking
persons, when appropriate.
    Subd. 2. Recruitment and retention incentives. Employer members of a consortium must
provide incentives to train and retain employees. These incentives may include, but are not
limited to:
(1) paid salary during initial training periods, but only if specifically approved by the
board, which must certify that the employer has not formerly paid employees during the initial
training period and is unable to do so because of the employer's limited size, financial condition,
or other factors;
(2) scholarship programs under which a specified amount is deposited into an educational
account for the employee for each hour worked, which may include contributions on behalf of an
employee to a Minnesota college savings plan account under chapter 136G;
(3) the provision of advanced education to employees so that they may qualify for advanced
positions in the health care or human services fields. This education may be provided at the
employer's site, at the site of a nearby employer, or at a local educational institution or other
site. Preference shall be given to grantees that offer flexible advanced training to employees at
convenient sites, allow workers time off with pay during the work day to participate, and provide
education at no cost to students or through employer-based scholarships that pay expenses prior to
the start of classes rather than upon completion;
(4) work maturity or soft skills training, adult basic education, English as a second language
instruction, and basic computer orientation for persons with limited previous attachment to the
work force due to a lack of these skills;
(5) child care subsidies during training or educational activities;
(6) transportation to training and education programs; and
(7) programs to coordinate efforts by employer members of the consortium to share staff
among employers where feasible, to pool employee and employer benefit contributions in order to
enhance benefit packages, and to coordinate education and training opportunities for staff in order
to increase the availability and flexibility of education and training programs.
    Subd. 3. Work hour limits. High school students participating in a training and retention
program shall not be permitted to work more than 20 hours per week when school is in session.
    Subd. 4. Collective bargaining agreements. This section shall be implemented consistent
with existing collective bargaining agreements covering health care and human services
employees.
History: 1999 c 245 art 10 s 6; 1Sp2001 c 1 art 3 s 23; 1Sp2001 c 9 art 6 s 4; 2002 c
379 art 1 s 113
116L.14 CAREER ENHANCEMENT REQUIREMENTS.
All consortium members must work cooperatively to establish and maintain a career
ladder program under which direct care staff have the opportunity to advance along a career
development path that includes regular educational opportunities, coordination between job duties
and educational opportunities, and a planned series of promotions for which qualified employees
will be eligible. This section shall be implemented consistent with existing collective bargaining
agreements covering direct care staff.
History: 1999 c 245 art 10 s 7
116L.146 EXPEDITED GRANT PROCESS.
(a) The board may authorize grants not to exceed $50,000 each through an expedited grant
approval process to:
(1) eligible employers to provide training programs for up to 50 workers; or
(2) a public or private institution of higher education to:
(i) do predevelopment or curriculum development for training programs prior to submission
for program funding under section 116L.12;
(ii) convert an existing curriculum for distance learning through interactive television or
other communication methods; or
(iii) enable a training program to be offered when it would otherwise be canceled due to
an enrollment shortfall of one or two students when the program is offered in a health-related
field with a documented worker shortage and is part of a training program not exceeding two
years in length.
(b) The board shall develop application procedures and evaluation policies for grants made
under this section.
History: 1Sp2001 c 9 art 6 s 5; 2002 c 379 art 1 s 113
116L.15 SMALL EMPLOYER PROTECTION.
Grantees must guarantee that small employers, including licensed personal care assistant
organizations, be allowed to participate in consortium programs. The financial contribution
required from a small employer must be adjusted to reflect the employer's financial circumstances.
History: 1999 c 245 art 10 s 8
116L.16 DISTANCE-WORK GRANTS.
The Job Skills Partnership Board may make grants-in-aid for distance-work projects. The
purpose of the grants is to promote distance-work projects involving technology in rural areas and
may include a consortium of organizations partnering in the development of rural technology
industry. Grants may be used to identify and train rural workers in technology, act as a catalyst
to bring together employers and rural employees to perform distance work, and provide rural
workers with physical connections to telecommunications infrastructure, where necessary, in
order to be self-employed or employed from their homes or satellite offices. Grants must be made
according to sections 116L.02 and 116L.04, except that:
(1) the business match may include, but is not limited to, office space; additional management
or technology staff costs; start-up equipment costs such as telecommunications infrastructure,
additional software, or computer upgrades; consulting fees for implementation of distance-work
policies or identification and skill assessment of potential employees; and the joint financial
contribution of two or more businesses acting as a consortium;
(2) cash or in-kind contributions by partnering organizations may be used as a match;
(3) eligible grantees may be educational or nonprofit educational training organizations;
(4) grants-in-aid may be packaged with loans under section 116L.06, subdivision 6; and
(5) with respect to grants serving as a catalyst to bring together employers and rural
employees to perform distance work, the match must be at least one-to-two.
The board shall, to the extent there are sufficient applications, make grant awards to as
many parts of the state as possible. Subject to the requirement for geographic distribution of
grants, preference shall be given to grant applications that provide the most cost-effective training
proposals, that provide the best prospects for high-paying jobs with high retention rates, or that
are from more economically distressed rural areas or communities.
Grantees must meet reporting and evaluation requirements established by the board.
History: 2000 c 488 art 2 s 7; 1Sp2001 c 4 art 2 s 6
116L.17 STATE DISLOCATED WORKER PROGRAM.
    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have
the meanings given them in this subdivision.
    (b) "Commissioner" means the commissioner of employment and economic development.
    (c) "Dislocated worker" means an individual who is a resident of Minnesota at the time
employment ceased or was working in the state at the time employment ceased and:
    (1) has been permanently separated or has received a notice of permanent separation
from public or private sector employment and is eligible for or has exhausted entitlement to
unemployment benefits, and is unlikely to return to the previous industry or occupation;
    (2) has been long-term unemployed and has limited opportunities for employment or
reemployment in the same or a similar occupation in the area in which the individual resides,
including older individuals who may have substantial barriers to employment by reason of age;
    (3) has been terminated or has received a notice of termination of employment as a result of
a plant closing or a substantial layoff at a plant, facility, or enterprise;
    (4) has been self-employed, including farmers and ranchers, and is unemployed as a result
of general economic conditions in the community in which the individual resides or because
of natural disasters;
    (5) has been permanently separated from employment in a restaurant, bar, or lawful gambling
organization from October 1, 2007, to October 1, 2009, due to the implementation of any state
law prohibiting smoking; or
    (6) is a displaced homemaker. A "displaced homemaker" is an individual who has spent a
substantial number of years in the home providing homemaking service and (i) has been dependent
upon the financial support of another; and now due to divorce, separation, death, or disability of
that person, must find employment to self support; or (ii) derived the substantial share of support
from public assistance on account of dependents in the home and no longer receives such support.
    To be eligible under this clause, the support must have ceased while the worker resided in
Minnesota.
    (d) "Eligible organization" means a state or local government unit, nonprofit organization,
community action agency, business organization or association, or labor organization.
    (e) "Plant closing" means the announced or actual permanent shutdown of a single site of
employment, or one or more facilities or operating units within a single site of employment.
    (f) "Substantial layoff" means a permanent reduction in the workforce, which is not a result
of a plant closing, and which results in an employment loss at a single site of employment during
any 30-day period for at least 50 employees excluding those employees that work less than
20 hours per week.
    Subd. 2. Grants. The board shall make grants to workforce service areas or other eligible
organizations to provide services to dislocated workers as follows:
(a) The board shall allocate funds available for the purposes of this section in its discretion to
respond to substantial layoffs and plant closings.
(b) The board shall regularly allocate funds to provide services to individual dislocated
workers or small groups. The initial allocation for this purpose must be 50 percent of the deposits
and transfers into the workforce development fund, less any collection costs paid out of the
fund and any amounts appropriated by the legislature from the workforce development fund for
programs other than the state dislocated worker program.
(c) Following the initial allocation, the board may consider additional allocations to provide
services to individual dislocated workers. The board's decision to allocate additional funds
shall be based on relevant economic indicators including: the number of substantial layoffs to
date, notices of substantial layoffs for the remainder of the fiscal year, evidence of declining
industries, the number of permanently separated individuals applying for unemployment benefits
by workforce service area, and the number of individuals exhausting unemployment benefits by
workforce service area. The board must also consider expenditures of allocations to workforce
service areas under paragraph (b) made during the first two quarters of the fiscal year and federal
resources that have been or are likely to be allocated to Minnesota for the purposes of serving
dislocated workers affected by substantial layoffs or plant closings.
(d) The board may, in its discretion, allocate funds carried forward from previous years under
subdivision 9 for large, small, or individual layoffs.
    Subd. 3. Allocation of funds. The board, in consultation with local workforce investment
boards and local elected officials, shall develop a method of distributing funds to provide services
for dislocated workers who are dislocated as a result of small or individual layoffs. The method
shall reflect recent trends in the number of permanently separated individuals applying for
unemployment benefits in a given workforce service area. The board shall evaluate and adjust
obligations quarterly, based on a similar method.
    Subd. 4. Use of funds. Funds granted by the board under this section may be used for any
combination of the following, except as otherwise provided in this section:
(1) employment transition services such as developing readjustment plans for individuals;
outreach and intake; early readjustment; job or career counseling; testing; orientation; assessment
of skills and aptitudes; provision of occupational and labor market information; job placement
assistance; job search; job development; prelayoff assistance; relocation assistance; and programs
provided in cooperation with employers or labor organizations to provide early intervention in the
event of plant closings or substantial layoffs;
(2) support services, including assistance to help the participant relocate to employ
existing skills; out-of-area job search assistance; family care assistance, including child care;
commuting assistance; emergency housing and rental assistance; counseling assistance, including
personal and financial; health care; emergency health assistance; emergency financial assistance;
work-related tools and clothing; and other appropriate support services that enable a person to
participate in an employment and training program with the goal of reemployment;
(3) specific, short-term training to help the participant enhance current skills in a similar
occupation or industry; entrepreneurial training, customized training, or on-the-job training;
basic and remedial education to enhance current skills; and literacy and work-related English
training for non-English speakers; and
(4) long-term training in a new occupation or industry, including occupational skills training
or customized training in an accredited program recognized by one or more relevant industries.
Long-term training shall only be provided to dislocated workers whose skills are obsolete and
who have no other transferable skills likely to result in employment at a comparable wage rate.
Training shall only be provided for occupations or industries with reasonable expectations of job
availability based on the service provider's thorough assessment of local labor market information
where the individual currently resides or is willing to relocate.
    Subd. 5. Cost limitations. (a) Funds allocated to a grantee are subject to the following
cost limitations:
(1) no more than ten percent may be allocated for administration;
(2) at least 50 percent must be allocated for training assistance as provided in subdivision 4,
clause (4); and
(3) no more than 15 percent may be allocated for support services as provided in subdivision
4, clause (2).
(b) A waiver of the training assistance minimum in clause (4) may be sought, but no waiver
shall allow less than 30 percent of the grant to be spent on training assistance. A waiver of the
support services maximum in clause (2) may be sought, but no waiver shall allow more than 20
percent of the grant to be spent on support services. A waiver may be granted below the minimum
and above the maximum otherwise allowed by this paragraph if funds other than state funds
appropriated for the dislocated worker program are used to fund training assistance.
    Subd. 6. Performance standards. (a) The commissioner, in consultation with the board,
shall enter into contracts with local workforce investment boards, including the allocations
determined by the board in subdivision 3. Contracts shall also require local workforce investment
boards to report participant data to the commissioner regularly, in order to meet the requirements
of this subdivision. The commissioner shall also enter into contracts with eligible organizations
involved with substantial layoffs or plant closings. These contracts shall require the eligible
organizations to report participant data to the commissioner regularly, in order to meet the
requirements of this subdivision.
(b) The commissioner and the board shall jointly establish performance outcome measures
for all local workforce investment boards and eligible organizations involved with substantial
layoffs or plant closings. The commissioner may request additional information to calculate
these performance measures.
(c) The commissioner and the board, in consultation with local workforce investment boards
and eligible organizations involved with substantial layoffs or plant closings, shall establish
minimum standards for the performance measures described in paragraph (b).
(d) Local workforce investment boards may establish and report on additional performance
outcomes based on unique features of local labor markets and other geographic differences.
(e) The commissioner shall provide a report to the legislature by March 1 of each year on the
previous fiscal year's program performance using the data in paragraphs (b) and (d) and analysis
of whether local workforce investment boards and eligible organizations involved with substantial
layoffs or plant closings are meeting the minimum standards described in paragraph (c). The
commissioner shall inform any local workforce investment board or eligible organization that
does not meet minimum performance standards in a given year of their status.
    Subd. 7.[Repealed, 2004 c 257 s 12]
    Subd. 8. Administrative costs. No more than five percent of the funds appropriated to the
board for the purposes of this section may be spent by the board for its administrative costs.
    Subd. 9. Carryforward. Any funds not allocated, obligated, or expended in a fiscal year
shall be available for allocation, obligation, and expenditure in the following fiscal year.
    Subd. 10. Rapid response activities. The commissioner, in cooperation with local workforce
councils, shall be responsible for implementing the following rapid response activities:
(1) establishing on-site contact with employer and employee representatives within a short
period of time after becoming aware of a current or projected plant closing or substantial layoff
in order to:
(i) provide information on and facilitate access to available public programs and services; and
(ii) provide emergency assistance adapted to the particular closure or layoff;
(2) promoting the formation of a employee-management committee by providing:
(i) immediate assistance in the establishment of the employee-management committee;
(ii) technical advice and information on sources of assistance and liaison with other public
and private services and programs; and
(iii) assistance in the selection of worker representatives in the event no union is present;
(3) collecting and disseminating information related to economic dislocation, including
potential closings or layoffs, and all available resources with the state for dislocated workers;
(4) providing or obtaining appropriate financial and technical advice and liaison with
economic development agencies and other organizations to assist in efforts to avert dislocation;
(5) disseminating information throughout the state on the availability of services and
activities carried out by the dislocated worker unit; and
(6) assisting the local workforce council in developing its own coordinated response to a
plant closing or substantial layoff and access to state economic development assistance.
History: 1Sp2001 c 4 art 2 s 7; 2002 c 380 art 2 s 6; 2003 c 128 art 13 s 32-35; 2004 c 257
s 3-8; 2007 c 82 s 1; 2007 c 135 art 2 s 14
116L.18 SPECIAL INCUMBENT WORKER TRAINING GRANTS.
    Subdivision 1. Purpose. The purpose of the special incumbent worker training grants is to
expand opportunities for businesses and workers to gain new skills that are in demand in the
Minnesota economy. The board shall establish criteria for incumbent worker grants under this
section and may encourage creative training models, innovative partnerships, and expansion or
replication of promising practices.
    Subd. 2. Definitions. (a) For the purposes of this section, the following terms have the
meanings given them.
(b) "Incumbent worker" means an individual employed by a qualifying employer.
(c) "Qualifying employer" means a for-profit business or nonprofit organization in Minnesota
with at least one full-time paid employee. Public sector organizations are not considered
qualifying employers.
(d) "Eligible organization" has the meaning given in section 116L.17.
    Subd. 3. Amount of grants. A grant to an eligible organization may not exceed $400,000.
    Subd. 4. Matching funds. The board shall require matching funds from qualifying employers
in the form of funding, equipment, or faculty.
    Subd. 5. Use of funds. Eligible organizations shall use funds granted under this section for
direct training services to provide a measurable increase in the job-related skills of participating
incumbent workers. Eligible organizations may also provide basic assessment, counseling, and
preemployment training services requested by the qualifying employer. No funds may be used for
support services as described in section 116L.17, subdivision 4, clause (2).
    Subd. 6. Performance outcome measures. The board and the commissioner of employment
and economic development shall jointly develop performance outcome measures and standards
for this program. The commissioner and board shall consult with eligible organizations in
establishing standards. Measures at a minimum must include posttraining retention, promotion,
and wage increase. The board and commissioner shall provide a report to the legislature by March
1 of each year on the previous fiscal year's program performance. Eligible organizations must
provide performance data in a timely manner for the completion of this report.
History: 1Sp2005 c 1 art 4 s 27

GENERALLY

116L.19 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 116L.19 to
116L.976.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of employment and
economic development.
    Subd. 3. Department. "Department" means the Department of Employment and Economic
Development.
    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, Workforce Investment Act programs, 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, workforce development
services to employers, and opportunities industrialization centers.
    Subd. 5. Income maintenance and support services. "Income maintenance and support
services" means programs through which the state or its subdivisions provide direct financial or
in-kind support to unemployed or underemployed persons, including unemployment benefits, the
Minnesota family investment program, general assistance, food stamps or food support, energy
assistance, disability determinations, and child care. Income maintenance and support services
do not include medical assistance, aging services, social services, community social services,
mental health services, or services for the emotionally disturbed, the developmentally disabled, or
residents of nursing homes.
    Subd. 6. Indian tribe. For purposes of employment and training services, "Indian tribe"
means a tribe, band, nation, or other organized group or community of Indians that is recognized
as eligible for the special programs and services provided by the United States to Indians because
of their status as Indians, and for which a reservation exists as is consistent with Public Law
100-485, as amended.
    Subd. 7. Local service unit. "Local service unit" means a county, counties operating under a
joint powers agreement, one or more counties and one or more cities of the first class operating
under a joint powers agreement, or a city of the first class.
    Subd. 8. Public assistance. "Public assistance" means the Minnesota family investment
program and general assistance.
    Subd. 9. Service provider. "Service provider" means a public, private, or nonprofit agency
that is capable of providing or administrating one or more of the employment and training services
or income maintenance and support services.
History: 1Sp1985 c 14 art 9 s 38; 1987 c 403 art 2 s 128; 1988 c 689 art 2 s 219; 1989 c
282 art 5 s 121,122; 1990 c 568 art 4 s 61; 1994 c 483 s 1; 1994 c 488 s 8; 1997 c 66 s 1; 1997 c
85 art 4 s 24,25; 1999 c 107 s 66; 1999 c 159 s 117,118; 2000 c 343 s 4; 2001 c 79 s 2; 1Sp2003 c
14 art 1 s 106; 2004 c 206 s 39,52; 2004 c 257 s 9; 2005 c 56 s 1
116L.20 WORKFORCE DEVELOPMENT FUND.
    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 24.
The assessment shall become due and be paid by each employer on the same schedule and in the
same manner as other amounts due from an employer under section 268.051, subdivision 1.
    (b) The special assessment levied under this section shall be subject to the same requirements
and collection procedures as any amounts due from an employer under the Minnesota
unemployment insurance program.
    Subd. 2. Disbursement of special assessment funds. (a) The money collected under this
section shall be deposited in the state treasury and credited to the workforce development fund to
provide for employment and training programs. The workforce development fund is created as a
special account in the state treasury.
(b) All money in the fund not otherwise appropriated or transferred is appropriated to the Job
Skills Partnership Board for the purposes of section 116L.17 and as provided for in paragraph (d).
The board must act as the fiscal agent for the money and must disburse that money for the purposes
of section 116L.17, not allowing the money to be used for any other obligation of the state. All
money in the workforce development fund shall 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, except that all interest or net income resulting from the
investment or deposit of money in the fund shall accrue to the fund for the purposes of the fund.
(c) Reimbursement for costs related to collection of the special assessment shall be in an
amount negotiated between the commissioner and the United States Department of Labor.
(d) If the board determines that the conditions of section 116L.05, subdivision 5, have been
met, the board may use funds for the purposes outlined in sections 116L.04, 116L.06, and 116L.10
to 116L.14, or to provide incumbent worker training services under section 116L.18.
History: 1990 c 568 art 6 s 1,4; 1990 c 612 s 17; 1991 c 292 art 3 s 33,41; 1993 c 369 s
78,79; 1994 c 483 s 1; 1997 c 66 s 2,80; 1999 c 223 art 3 s 3; 2001 c 7 s 53; 1Sp2001 c 4 art 2
s 22; 1Sp2003 c 3 art 2 s 20; 2004 c 183 s 86; 2004 c 206 s 42,52; 1Sp2005 c 1 art 4 s 28,29;
2007 c 135 art 2 s 15
116L.30 [Renumbered 299A.73]

PLANNING FOR YOUTH EMPLOYMENT

116L.361 DEFINITIONS.
    Subdivision 1. Terms. For the purposes of sections 116L.361 to 116L.366, the following
terms have the meanings given them.
    Subd. 2. Advisory committee. "Advisory committee" means the committee established
in section 116L.363.
    Subd. 3. Eligible organization. "Eligible organization" means a public agency or a nonprofit
organization that can demonstrate an ability to implement a program for education and training
services provided to targeted youth. Eligible organizations may include local jurisdictions, public
school districts, private nonsectarian schools, postsecondary educational institutes, alternative
schools, community groups, and labor organizations.
    Subd. 4. Program. "Program" means the services and activities performed or contracted for
by an eligible organization for which a grant has been received or for which a grant application
has been submitted to the commissioner.
    Subd. 5. Homeless individual. "Homeless individual" or "homeless person" means:
(1) an individual who lacks a fixed, regular, and adequate nighttime residence; and
(2) an individual who has a primary nighttime residence that is:
(i) a supervised publicly or privately operated shelter or dwelling designed to provide
temporary living accommodations;
(ii) an institution that provides a temporary residence for individuals intended to be
institutionalized; or
(iii) a public or private place not designed for, or ordinarily used as, a regular sleeping
accommodation for humans.
The term "homeless individual" does not include any individual imprisoned or otherwise
detained under federal or state law.
    Subd. 6. Targeted youth. "Targeted youth" means at-risk persons who are at least 16 years
of age but not older than 24 years of age, are eligible for the high school graduation incentive
program under section 124D.68, subdivision 2, or are economically disadvantaged as defined in
United States Code, title 29, section 1503, and are part of one of the following groups:
(1) persons who are not attending any school and have not received a secondary school
diploma or its equivalent; or
(2) persons currently enrolled in a traditional or alternative school setting or a GED program
and who, in the opinion of an official of the school, are in danger of dropping out of the school.
    Subd. 7. Very low income. "Very low income" means incomes that are at or less than 50
percent of the area median income, adjusted for family size, as estimated by the Department of
Housing and Urban Development.
History: 1988 c 686 art 3 s 1; 1989 c 328 art 7 s 1,2; 1991 c 345 art 2 s 47; 1993 c 369 s
80,81; 1994 c 483 s 1; 1997 c 7 art 1 s 107; 1998 c 397 art 11 s 3; 2004 c 206 s 52
116L.362 GRANTS.
    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 homeless, or (2) education, social service, or health
facilities which are owned by a public agency or a private nonprofit organization.
(b) Eligible facilities must principally provide services to homeless or very low income
individuals and families, and include the following:
(1) Head Start or day care centers;
(2) homeless, battered women, or other shelters;
(3) transitional housing;
(4) youth or senior citizen centers; and
(5) community health centers.
Two or more eligible organizations may jointly apply for a grant. The commissioner shall
administer the grant program.
    Subd. 2. Grant applications; awards. Interested eligible organizations must apply to
the commissioner for the grants. The advisory committee must review the applications and
provide to the commissioner a list of recommended eligible organizations that the advisory
committee determines meet the requirements for receiving a grant. The total grant award for any
program may not exceed $150,000 per year. In awarding grants, the advisory committee and the
commissioner must give priority to:
(1) continuing and expanding effective programs by providing grant money to organizations
that are operating or have operated a successful program that meets the program purposes under
section 116L.364; and
(2) distributing programs throughout the state through start-up grants for programs in areas
that are not served by an existing program.
To receive a grant under this section, the eligible organization must match the grant money
with at least an equal amount of nonstate money. The commissioner must verify that the eligible
organization has matched the grant money. Nothing in this subdivision shall prevent an eligible
organization from applying for and receiving grants for more than one program. A grant received
by an eligible organization from the federal Youthbuild Project under United States Code, title
42, section 5091, is nonstate money and may be used to meet the state match requirement.
State grant money awarded under this section may be used by grantee organizations for match
requirements of a federal Youthbuild Project.
History: 1988 c 686 art 3 s 2; 1989 c 328 art 7 s 3; 1992 c 376 art 5 s 1; 1993 c 369 s
82; 2000 c 488 art 2 s 18; 2004 c 206 s 52
116L.3625 ADMINISTRATIVE COSTS.
The commissioner may use up to five percent of the biennial appropriation for Youthbuild
from the general fund to pay costs incurred by the department in administering Youthbuild
during the biennium.
History: 1997 c 200 art 1 s 65; 2004 c 206 s 52
116L.363 ADVISORY COMMITTEE.
A 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. 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 development; a representative of the chancellor of the Minnesota State Colleges
and Universities; a representative of the commissioner of the Housing Finance Agency; 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.
History: 1988 c 686 art 3 s 3; 1990 c 375 s 3; 1993 c 132 s 5; 1993 c 369 s 83; 1994 c 483 s
1; 1Sp1995 c 3 art 16 s 13; 1996 c 339 s 6; 1996 c 395 s 18; 2003 c 130 s 12; 2004 c 206 s 44,52
116L.364 PROGRAM PURPOSE AND DESIGN.
    Subdivision 1. Program purpose. The grants awarded under section 116L.362 are for a
youth employment and training program directed at targeted youth who are likely to be at risk
of not completing their high school education. Each program must include education, work
experience, job skills, and leadership training and peer support components. Each participant
must be offered counseling and other services to identify and overcome problems that might
interfere with successfully completing the program.
    Subd. 2. Education component. A program must contain an education component that
requires program participants to complete their secondary education in a traditional public or
private secondary school, a suitable alternative school setting, or a GED program. Program
participants must be working toward the completion of their secondary education or literacy
advancement.
    Subd. 3. Work experience component. A work experience component must be included
in each program. The work experience component must provide vocational skills training in
an industry where there is a viable expectation of job opportunities. A training subsidy, living
allowance, or stipend, not to exceed an amount equal to 100 percent of the poverty line for
a family of two as defined in United States Code, title 42, section 673, paragraph (2), may be
provided to program participants. The wage or stipend must be provided to participants who are
recipients of public assistance in a manner or amount which will not reduce public assistance
benefits. The work experience component must be designed so that work projects result in (1)
the expansion or improvement of residential units for homeless persons and very low income
families, or (2) 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.
    Subd. 4. Job readiness skills component. A job readiness skills component must comprise
at least 20 percent of each program. The component must provide program participants with job
search skills, placement assistance, and other job readiness skills to ensure that participants will
have an understanding of the building trades, unions, self-employment, and other employment
opportunities and be able to compete in the employment market.
    Subd. 5. Leadership training and peer support component. Each program must provide
participants with meaningful opportunities to develop leadership skills such as decision making,
problem solving, and negotiating. The program must encourage participants to develop strong
peer group ties that support their mutual pursuit of skills and values.
History: 1988 c 686 art 3 s 4; 1989 c 328 art 7 s 4; 1992 c 376 art 5 s 2; 1993 c 369
s 84-86; 2004 c 206 s 52
116L.365 HOUSING FOR HOMELESS.
    Subdivision 1. Priority for housing. Any residential or transitional housing units that
become available through a work project that is part of the program described in section 116L.364
must be allocated in the following order:
(1) homeless targeted youth who have participated in constructing, rehabilitating, or
improving the unit;
(2) homeless families with at least one dependent;
(3) other homeless individuals;
(4) other very low income families and individuals; and
(5) families or individuals that receive public assistance and that do not qualify in any
other priority group.
    Subd. 2. Acquisition of housing units. The eligible organization receiving a grant under
section 116L.362 shall acquire property or buildings for the construction or rehabilitation of
residential units at the lowest possible cost. Possible sources of property and funding include
the federal Department of Housing and Urban Development, Farmers Home Administration,
Minnesota Housing Finance Agency, and the local housing authority.
    Subd. 3. Management of residential units. The program must address how to manage these
residential units, including the source of financing for the maintenance costs of the buildings.
Any management plan must include the participation of the residents and local established
neighborhood groups.
History: 1988 c 686 art 3 s 5; 1989 c 328 art 7 s 5; 1992 c 376 art 5 s 3; 1993 c 369 s
87; 2004 c 206 s 52
116L.366 REQUIREMENTS OF ORGANIZATIONS RECEIVING GRANTS.
An organization that is awarded a grant shall prepare and submit an annual report to the
commissioner by September 1 of each year. The report must include a discussion of the following:
(1) the process used for encouraging the participation of the targeted youth in the geographic
area surrounding the organization receiving the grant;
(2) the support services and social services that targeted youth received under the program.
Services may include client needs assessment, preemployment skills such as basic job skills and
behavior, and intermediate needs such as education and chemical dependency treatment;
(3) the type and degree of work experience that program participants received, including real
work experience in both vocational and nonvocational settings;
(4) the amount of training subsidy or stipend that each participant received while
participating in the work experience component. The subsidy or stipend must reflect prevailing
wage and benefits standards appropriate for preapprenticeship training unless a participant's
receipt of public assistance is affected. The subsidy or stipend should be structured to include
incentives for progress toward increasing job skills and completing secondary education;
(5) the means of providing the necessary job readiness skills to program participants who
have completed the work experience and educational components of the program so they have the
ability to compete in the job market. These job search skills may include skills assessment, job
search and selection, application preparation and assistance in preparing for job interviews;
(6) the methods used to assist in placing program participants in suitable employment. The
methods should include means of involving state government, businesses, labor organizations,
community groups, and local jurisdictions in assisting in the placement;
(7) the process used for evaluating the program, including the necessary data elements
collected from program participants after they have completed the program for monitoring the
success of the program;
(8) the method used to maximize parental involvement in the program;
(9) the existing public and private programs that were utilized by the program to avoid
duplication of services;
(10) the regional characteristics that affected the operation of the program in the specific
region where the organization is located;
(11) the means of addressing the special needs of priority groups of targeted youth, including:
(i) persons who are responsible for at least one dependent;
(ii) persons who are pregnant;
(iii) persons who are or have been subject to any stage of the criminal justice system and
who may benefit from receiving employment and training services in overcoming barriers to
employment resulting from a record of arrest or conviction;
(iv) persons receiving income maintenance services and social services, including chemical
dependency treatment, vocational rehabilitation services, and protection services;
(v) persons who reside on a farm who personally derive or whose family derives a substantial
portion of their income from farming, lack nonfarm work skills, or have limited access to
vocational education or work experience opportunities;
(vi) homeless youth; and
(vii) minors who that are not financially dependent on a parent or a guardian;
(12) costs for each of the components of the program; and
(13) the identification of the funding sources other than state appropriations that were used to
support the program.
History: 1988 c 686 art 3 s 6; 1989 c 328 art 7 s 6; 2004 c 206 s 52

MINNESOTA YOUTH PROGRAM

116L.56 MINNESOTA YOUTH PROGRAM; DEFINITIONS.
    Subdivision 1. Scope. For the purposes of this section and section 116L.561, the terms
defined in this section have the meanings given them.
    Subd. 2. Eligible applicant. "Eligible applicant" means an individual who is between the
ages of 14 and 21 and economically disadvantaged.
An at-risk youth who is classified as a family of one is deemed economically disadvantaged.
For purposes of eligibility determination the following individuals are considered at risk:
(1) a pregnant or parenting youth;
(2) a youth with limited English proficiency;
(3) a potential or actual school dropout;
(4) a youth in an offender or diversion program;
(5) a public assistance recipient or a recipient of group home services;
(6) a youth with disabilities including learning disabilities;
(7) a chemically dependent youth or child of drug or alcohol abusers;
(8) a homeless or runaway youth;
(9) a youth with basic skills deficiency;
(10) a youth with an educational attainment of one or more levels below grade level
appropriate to age; or
(11) a foster child.
    Subd. 3. Employer. "Employer" means a private or public employer.
History: 1994 c 483 s 1; 1994 c 632 art 4 s 66; 2004 c 206 s 52
116L.561 MINNESOTA YOUTH PROGRAM.
    Subdivision 1. Purpose. The Minnesota youth program is established to:
(1) improve the employability of eligible applicants through exposure to public or private
sector work;
(2) enhance the basic educational skills of eligible applicants;
(3) encourage the completion of high school or equivalency;
(4) assist eligible applicants to enter employment, school-to-work transition programs, the
military, or postsecondary education or training;
(5) enhance the citizenship skills of eligible applicants through community service and
service-learning; and
(6) provide educational, career, and life skills counseling.
    Subd. 2. Wage rate. The rate of pay for Minnesota youth program positions with public,
private nonprofit, and private for-profit employers is the minimum wage. Employers may use
their own funds to increase the participants' hourly wage rates. Youths designated as supervisors
may be paid at a higher level to be determined by the local contractor.
    Subd. 3. Employment contracts. The commissioner may enter into arrangements with
existing public and private nonprofit organizations and agencies with experience in administering
youth employment programs for the purpose of providing employment opportunities for eligible
applicants in furtherance of this section and section 116L.56. The Department of Employment
and Economic Development shall retain ultimate responsibility for the administration of this
employment program.
    Subd. 4. Contract administration. Preference shall be given to local contractors with
experience in administering youth employment and training programs and those who have
demonstrated efforts to coordinate state and federal youth programs locally.
    Subd. 5. Allocation formula. Seventy percent of Minnesota youth program funds must be
allocated based on the county's share of economically disadvantaged youth. The remaining 30
percent must be allocated based on the county's share of population ages 14 to 21.
    Subd. 6. Allowable cost categories. Of the total allocation, up to 15 percent may be used
for administrative purposes and the remainder may be used for a combination of training and
participant support activities.
    Subd. 7. Reports. Each contractor shall report to the commissioner on a quarterly basis in a
format to be determined by the commissioner.
Data collected on individuals under this subdivision are private data on individuals as
defined in section 13.02, subdivision 12, except that summary data may be provided under section
13.05, subdivision 7.
    Subd. 8. Part-time employment. Wages and subsidies under this section may be paid
for part-time employment.
    Subd. 9. Layoffs; worker reductions. An employer may not lay off, terminate, or reduce the
working hours of an employee for the purpose of hiring an individual with funds provided by this
section. An employer may not hire an individual with funds available under this section if any
other individual is laid off from the same or a substantially equivalent job.
History: 1994 c 483 s 1; 1994 c 632 art 4 s 67; 1Sp1995 c 3 art 4 s 30; 2004 c 206 s 52;
2005 c 112 art 2 s 41

JOB TRAINING

116L.60 PURPOSE.
It is the purpose of sections 116L.60 to 116L.64 to provide financial assistance for
comprehensive job training and related services for economically disadvantaged, unemployed,
and underemployed individuals through opportunities industrialization centers.
History: 1983 c 312 art 6 s 1; 2004 c 206 s 52
116L.61 DEFINITIONS.
    Subdivision 1. Scope. When used in sections 116L.60 to 116L.64 the terms in this section
have the meanings given them.
    Subd. 2. Council. "Council" means the Minnesota State Council of the Opportunities
Industrialization Centers of America.
    Subd. 3. Economically disadvantaged. "Economically disadvantaged" means an individual
who meets the criteria for an economically disadvantaged person established by rule by the
commissioner.
    Subd. 4. Underemployed. "Underemployed" means an individual:
(a) Working part time but seeking full-time work; or
(b) Working full time but receiving wages below the greater of:
(1) the poverty level determined in accordance with criteria established by the Department of
Employment and Economic Development; or
(2) 70 percent of the lower living standard income level as determined by the United States
Bureau of Labor Statistics.
    Subd. 5. Unemployed. "Unemployed" means an individual who is without a job, and who
wants and is available for work.
History: 1983 c 312 art 6 s 2; 1Sp1985 c 14 art 9 s 75; 1994 c 483 s 1; 2004 c 206 s 52;
2005 c 112 art 2 s 41
116L.62 DISTRIBUTION AND USE OF STATE MONEY.
The commissioner shall distribute the money appropriated for:
(a) comprehensive job training and related services or job opportunities programs for
economically disadvantaged, unemployed, and underemployed individuals, including persons of
limited English speaking ability, through opportunities industrialization centers; and
(b) the establishment and operation in Minnesota of these centers.
Comprehensive job training and related services include: recruitment, counseling,
remediation, motivational prejob training, vocational training, job development, job placement,
and other appropriate services enabling individuals to secure and retain employment at their
maximum capacity.
History: 1983 c 312 art 6 s 3; 2004 c 206 s 52
116L.63 CRITERIA FOR DISTRIBUTION OF MONEY.
The commissioner, with the advice of the council, shall establish criteria for the distribution
of state money for the purpose of section 116L.62. The criteria shall include requirements that:
(a) the program receiving state assistance:
(1) involve residents in the area to be served by the program in the planning and operation
of the program; and
(2) involve the business community in the area to be served by the program in its
development and operation;
(b) the distribution of assistance among areas within the state be equitable, with priority
being given to areas with high unemployment or underemployment;
(c) financial assistance under sections 116L.60 to 116L.64 to any program may not exceed
25 percent of the cost of the program including costs of administration; and
(d) a program receiving financial assistance has adequate internal administrative controls,
accounting procedures, personnel standards, evaluation procedures, availability of in-service
training and technical assistance programs, and other policies necessary to promote the effective
use of state money.
The commissioner may make a distribution in excess of the limit prescribed in clause (c) if
the commissioner determines that the excess distribution is necessary to further the objectives
of sections 116L.60 and 116L.62.
History: 1983 c 312 art 6 s 4; 2004 c 206 s 52
116L.64 MONEY DISTRIBUTION.
The commissioner may make a distribution of money directly to a program, or make a
distribution subject to conditions that ensure use consistent with the distribution and utilization of
money under federal legislation regarding job training and related services.
History: 1983 c 312 art 6 s 5; 2004 c 206 s 52
116L.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 state workforce centers.
    Subd. 2. Grant and loan agreements. The commissioner shall incorporate the provisions of
this section into grant and loan agreements.
History: 1Sp1985 c 14 art 9 s 47; 1987 c 312 art 1 s 26 subd 2; 1994 c 483 s 1; 1Sp2003 c
4 s 1; 2004 c 206 s 45,52
116L.665 WORKFORCE DEVELOPMENT COUNCIL.
    Subdivision 1. Creation. The governor's Workforce Development Council is created under
the authority of the Workforce Investment Act, United States Code, title 29, section 2801, et seq.
Local workforce development councils are authorized under the 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
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 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 Development;
(2) commissioner of the Minnesota Department of Education; and
(3) commissioner of the Minnesota Department of Human Services.
(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 Workforce
Investment Act as private nonprofit organizations that are representative of communities or
significant segments of communities and that 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 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.
(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. 2a. Council meetings. (a) If compliance with section 13D.02 is impractical, the
Governor's Workforce Development Council may conduct a meeting of its members by telephone
or other electronic means so long as the following conditions are met:
(1) all members of the council participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
(2) members of the public present at the regular meeting location of the council can hear
clearly all discussion and testimony and all votes of members of the council and, if needed,
receive those services required by sections 15.44 and 15.441;
(3) at least one member of the council is physically present at the regular meeting location;
and
(4) all votes are conducted by roll call, so each member's vote on each issue can be identified
and recorded.
(b) Each member of the council participating in a meeting by telephone or other electronic
means is considered present at the meeting for purposes of determining a quorum and participating
in all proceedings.
(c) If telephone or other electronic means is used to conduct a meeting, the council, to the
extent practical, shall allow a person to monitor the meeting electronically from a remote location.
The council may require the person making such a connection to pay for documented marginal
costs that the council incurs as a result of the additional connection.
(d) If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the council shall provide notice of the regular meeting location, of the fact that some
members may participate by telephone or other electronic means, and of the provisions of
paragraph (c). The timing and method of providing notice is governed by section 13D.04.
    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 Workforce Investment Act. Additionally, the Workforce Development Council shall
assume the following duties and responsibilities:
(a) 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) 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) Adult Education Act, United States Code, title 20, section 1201, et seq.;
(4) Wagner-Peyser Act, United States Code, title 29, section 49;
(5) Personal Responsibility and Work Opportunities Act of 1996 (TANF);
(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
(7) programs defined in section 116L.19, subdivision 5.
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.
(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 and work skills development
services to learners and workers of all ages.
(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.
(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;
(e) Evaluate and identify exemplary education and employment transitions programs and
provide technical assistance to local partnerships to replicate the programs throughout the state.
(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. 4. 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. 5. Subcommittees. The chair of the Workforce Development Council may establish
subcommittees in order to carry out the duties and responsibilities of the council.
    Subd. 6. Staffing. The Department of Employment and Economic Development must
provide staff support to the Minnesota Workforce Development 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. 7. Expiration. The council expires if there is no federal funding for the human
resource programs within the scope of the council's duties.
History: 1995 c 131 s 1; 1Sp1995 c 3 art 16 s 13; 1996 c 395 s 18; 1Sp1997 c 4 art 3 s 19;
1998 c 397 art 11 s 3; 1998 c 398 art 3 s 9,10; 2001 c 79 s 4; 1Sp2001 c 4 art 2 s 24; 2003 c 130 s
12; 1Sp2003 c 4 s 1; 2004 c 206 s 46,52; 2005 c 163 s 55; 2007 c 13 art 3 s 11
116L.666 WORKFORCE SERVICE AREAS.
    Subdivision 1. Designation of workforce service areas. For the purpose of administering
federal, state, and local employment and training services, the commissioner shall designate the
geographic boundaries for workforce service areas in Minnesota.
    The commissioner shall approve a request to be a workforce service area from:
    (1) a home rule charter or statutory city with a population of 200,000 or more or a county
with a population of 200,000 or more; or
    (2) a consortium of contiguous home rule charter or statutory cities or counties with an
aggregate population of 200,000 or more that serves a substantial part of one or more labor
markets.
    The commissioner may approve a request to be a workforce service area from a home
rule charter or statutory city or a county or a consortium of contiguous home rule charter or
statutory cities or counties, without regard to population, that serves a substantial portion of
a labor market area.
    The commissioner shall make a final designation of workforce service areas within the state
after consulting with local elected officials and the governor's Workforce Development Council.
Existing service delivery areas designated under the federal Job Training Partnership Act shall be
initially designated as workforce service areas providing that no other petitions are submitted
by local elected officials.
    The commissioner may redesignate workforce service areas, upon the advice of the affected
local elected officials, no more frequently than every two years. These redesignations must be
made not later than four months before the beginning of a program year.
    Subd. 2. Creation of local workforce councils. A local workforce council must be
established in each workforce service area, designated according to subdivision 1.
    Subd. 3. Membership on local workforce councils. In workforce service areas representing
only one home rule charter or statutory city or a county, the chief elected official must appoint
members to the council. In workforce service areas representing two or more home rule charter or
statutory cities or counties, the chief elected officials of the home rule charter or statutory cities
or counties must appoint members to the council, in accordance with an agreement entered into
by such units of general local government.
A council shall include as members:
(1) representatives of the private sector, who must constitute a majority of the membership
of the council and who are owners of business concerns, chief executives or chief operating
officers of nongovernmental employers, or other private sector executives who have substantial
management or policy responsibility;
(2) at least two representatives of organized labor;
(3) representatives of the area workforce and community-based organizations, who shall
constitute not less than 15 percent of the membership of the council; and
(4) representatives of each of the following:
(i) educational agencies that are representative of all educational agencies within the
workforce service area;
(ii) vocational rehabilitation agencies;
(iii) public assistance agencies;
(iv) economic development agencies; and
(v) public employment service agencies.
The chair of each local workforce council shall be selected from among the members of the
council who are representatives of the private sector.
Private sector representatives on the local workforce council shall be selected from among
individuals nominated by general purpose business organizations, such as local chambers of
commerce, in the workforce service area.
Education representatives on the local workforce council shall be selected from among
individuals nominated by secondary and postsecondary educational institutions within the
workforce service area.
Organized labor representatives on the local workforce council shall be selected from
individuals recommended by recognized state and local labor federations, organizations, or
councils. If the state or local labor federations, organizations, or councils fail to nominate a
sufficient number of individuals to meet the labor representation requirements, individual workers
may be included on the local workforce council to complete the labor representation.
The commissioner must certify a local workforce council if the commissioner determines
that its composition and appointments are consistent with this subdivision.
    Subd. 4. Purpose; duties of local workforce council. The local workforce council is
responsible for providing policy guidance for, and exercising oversight with respect to, activities
conducted by local workforce centers in partnership with the local unit or units of general local
government within the workforce service area and with the commissioner.
A local workforce center is a location where federal, state, and local employment and
training services are provided to job seekers and employers.
A local workforce council, in accordance with an agreement or agreements with the
appropriate chief elected official or officials and the commissioner, shall:
(1) determine procedures for the development of the local workforce service area plan. The
procedures may provide for the preparation of all or any part of the plan:
(i) by the council;
(ii) by any unit of general local or state government in the workforce service area, or by
an agency of that unit; or
(iii) by any other methods or institutions as may be provided in the agreement;
(2) select the recipients for local grants and an administrator of the local workforce service
area plan. These may be the same entity or separate entities and must be chosen from among
the following:
(i) the council;
(ii) a unit of general local or state government in its workforce service area, or an agency of
that unit;
(iii) a nonprofit organization or corporation; or
(iv) any other agreed upon entity;
(3) jointly plan for local collaborative activities including the transition of public assistance
recipients to employment in the public or private sectors;
(4) provide on-site review and oversight of program performance;
(5) establish local priorities for service and target populations;
(6) ensure nonduplication of services and a unified service delivery system within the
workforce service area;
(7) ensure that local workforce centers provide meeting space, free of charge, for meetings of
displaced homemaker programs, established under section 116L.96; and
(8) nominate individuals to the governor to consider for membership on the governor's
Workforce Development Council.
History: 1997 c 118 s 1; 1999 c 223 art 2 s 38; 2004 c 206 s 52; 1Sp2005 c 1 art 4 s 30;
2007 c 135 art 2 s 16
116L.86 EMPLOYMENT AND TRAINING PROGRAMS.
    Subdivision 1. Interagency agreements. By October 1, 1987, the commissioner and the
commissioner of human services shall enter into a written contract for the design, delivery, and
administration of employment and training services for applicants for or recipients of food stamps,
the Minnesota family investment program, and general assistance. The contract must address:
(1) specific roles and responsibilities of each department;
(2) assignment and supervision of staff for interagency activities including any necessary
interagency employee mobility agreements under the administrative procedures of the Department
of Employee Relations;
(3) mechanisms for determining the conditions under which individuals participate in
services, their rights and responsibilities while participating, and the standards by which the
services must be administered;
(4) procedures for providing technical assistance to local service units, Indian tribes, and
employment and training service providers;
(5) access to appropriate staff for ongoing development and interpretation of policy, rules,
and program standards;
(6) procedures for reimbursing appropriate agencies for administrative expenses; and
(7) procedures for accessing available federal funds.
    Subd. 2. Coordination. In developing employment and training services, the commissioner
shall identify and incorporate, to the extent possible, money from both federal and state income
maintenance, employment and training, and educational programs.
    Subd. 3. Inventory, referral, and intake services. The commissioner of employment and
economic development, in cooperation with the commissioner of human services, shall develop
an inventory, referral, and intake system. The system must provide for coordinated delivery
of employment and training and income maintenance support services, efficient client referral
among programs and services, reduction of duplicate data collection, coordinated program intake
by local agencies, and effective evaluation of employment and training services. The system
must, at a minimum, include the following:
(1) a listing of all available public and private employment and training services, income
maintenance and support services, and vocationally directed education and training programs;
(2) the capability to assess client needs and match those needs with employment
opportunities, education and training programs, and employment and training and income
maintenance and support services, and to refer the client to the appropriate employer, educational
institution, or service provider;
(3) a coordinated intake procedure for employment and training services, and income
maintenance and support services;
(4) access to a statewide database for client tracking and program evaluation; and
(5) internal security measures to protect private data from unauthorized access.
In developing the system, the commissioner shall consult with the public postsecondary
educational systems, local agencies, employment and training service providers, and client
and employer representatives. The system must be available in each local agency or service
provider delivering programs administered by the commissioner of employment and economic
development or the commissioner of human services. Access by intake workers, state agency
personnel, clients, and any other system users to information contained in the system must
conform with all applicable federal and state data privacy requirements.
History: 1Sp1985 c 14 art 9 s 66; 1987 c 403 art 3 s 53; 1988 c 689 art 2 s 222; 1989 c
282 art 5 s 125; 1990 c 568 art 4 s 72,73; 1994 c 483 s 1; 1997 c 85 art 4 s 30; 1999 c 159 s
122; 2004 c 206 s 52
116L.871 LOCAL DELIVERY.
    Subdivision 1. Responsibility and certification. (a) Unless prohibited by federal law
or otherwise determined by state law, a local service unit is responsible for the delivery of
employment and training services. As of July 1, 1998, 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.
    Subd. 2. Decertification. (a) The department, on its own initiative, or at the request of the
local service unit, shall begin decertification processes for employment and training service
providers who:
(1) no longer meet one or more of the certification standards;
(2) are delivering services in a manner that does not comply with the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, or relevant state law
after corrective actions have been cited, technical assistance has been provided, and a reasonable
period of time for remedial action has been provided; or
(3) are not complying with other state and federal laws or policy which are necessary for
effective delivery of services.
(b) The initiating of decertification processes shall not result in decertification of the service
provider unless and until adequate fact-finding and investigation has been performed by the
department.
    Subd. 3. Enforcement. The local service units shall provide for the enforcement of
employment and training requirements for appropriate recipients of public assistance, and
must include provisions for enforcing the requirements in any contracts with providers under
subdivision 1.
History: 1Sp1985 c 9 art 2 s 103; 1Sp1985 c 14 art 9 s 67; 1987 c 403 art 2 s 143; art 3 s
55-57; 1989 c 282 art 5 s 126; 1990 c 568 art 4 s 74-76; 1993 c 306 s 17; 1994 c 483 s 1; 1997 c
85 art 4 s 31; 1999 c 159 s 123; 2001 c 79 s 5,6; 2004 c 206 s 52
116L.872 STATE FUNDING OF EMPLOYMENT AND TRAINING PROGRAMS.
    Subdivision 1. Available money. The commissioner and local service units are not required
to provide employment and training services that exceed the levels permitted by available federal,
state, and local funds subject to the requirements or limitations of each program.
    Subd. 2. Maintenance of effort. A local service unit shall certify to the commissioner
that it has not reduced funds from other federal, state, and county sources which would, in the
absence of this section, have been available for employment and training services and child
care services and related administrative costs.
History: 1Sp1985 c 14 art 9 s 68; 2004 c 206 s 52
116L.88 LOCAL SERVICE UNIT PLANS.
(a) By April 15, 1999, and by April 15 of each second year thereafter, local service units
shall prepare and submit to the commissioner a plan that covers the next two state fiscal years.
At least 30 days prior to submission of the plan, the local service unit shall solicit comments
from the public on the contents of the proposed plan. The commissioner shall notify each local
service unit within 60 days of receipt of its plan that the plan has been approved or disapproved.
The plan must include:
(1) a statement of objectives for the employment and training services the local service
unit administers;
(2) the establishment of job placement and job retention goals, the establishment of public
assistance caseload reduction goals, and the strategies and programs that will be used to achieve
these goals;
(3) a statement of whether the goals from the preceding year were met and an explanation if
the local service unit failed to meet the goals;
(4) the amount proposed to be allocated to each employment and training service;
(5) the proposed types of employment and training services the local service unit plans
to utilize;
(6) a description of how the local service unit will use funds provided under chapter 256J
to meet the requirements of that chapter. The description must include what services will be
provided, per service expenditures, an estimate of how many employment and training slots the
local service unit will provide, how many dollars the local service unit will provide per slot per
provider, how many participants per slot, an estimate of the ratio of participants per job counselor,
and proposed uses for any residual funds not included in slot allocations to providers;
(7) a report on the use of wage subsidies, grant diversions, community investment programs,
and other services administered under this chapter;
(8) a performance review of the employment and training service providers delivering
employment and training services for the local service unit;
(9) a copy of any contract between the local service unit and an employment and training
service provider including expected outcomes and service levels for public assistance clients;
(10) a copy of any other agreements between educational institutions, family support
services, and child care providers; and
(11) a description of how the local service unit ensures compliance with section 256J.06,
requiring community involvement in the administration of MFIP.
(b) In counties with a city of the first class, the county and the city shall develop and submit a
joint plan. The plan may not be submitted until agreed to by both the city and the county. The plan
must provide for the direct allocation of employment and training money to the city and the county
unless waived by either. If the county and the city cannot concur on a plan, the commissioner
shall resolve their dispute. In counties in which a federally recognized Indian tribe is operating an
employment and training program under an agreement with the commissioner of human services,
the plan must provide that the county will coordinate its employment and training programs,
including developing a system for referrals, sanctions, and the provision of supporting services
such as access to child care funds and transportation with programs operated by the Indian tribe.
The plan may not be given final approval by the commissioner until the tribal unit and county
have submitted written agreement on these provisions in the plan. If the county and Indian tribe
cannot agree on these provisions, the local service unit shall notify the commissioner of economic
security and the commissioners of economic security and human services shall resolve the dispute.
(c) The commissioner may withhold the distribution of employment and training money
from a local service unit that does not submit a plan to the commissioner by the date set by this
section, and shall withhold the distribution of employment and training money from a local
service unit whose plan has been disapproved by the commissioner until an acceptable amended
plan has been submitted.
(d) Beginning April 15, 1992, and by April 15 of each second year thereafter, local service
units must prepare and submit to the commissioner an interim year plan update that deals with
performance in that state fiscal year and changes anticipated for the second year of the biennium.
The update must include information about employment and training programs addressed in the
local service unit's two-year plan and shall be completed in accordance with criteria established
by the commissioner.
History: 1Sp1985 c 14 art 9 s 69; 1987 c 403 art 2 s 144; art 3 s 58; 1989 c 282 art 5 s 127;
1990 c 568 art 4 s 77; 1994 c 483 s 1; 1998 c 407 art 6 s 110; 2001 c 79 s 7; 2004 c 206 s 52
116L.881 INDIAN TRIBE PLANS.
(a) The commissioner, in consultation with the commissioner of human services, shall review
and comment on Indian tribe plans submitted to the commissioner for provision of employment
and training services. Beginning April 15, 1991, and by April 15 of each second year thereafter,
the Indian tribe shall prepare and submit to the commissioner a plan that covers the next two state
fiscal years. Beginning April 15, 1992, and by April 15 of each second year thereafter, the Indian
tribe shall prepare and submit to the commissioner an interim year plan update that deals with
performance during the past state fiscal year and that covers changes anticipated for the second
year of the biennium. The commissioner shall notify the Indian tribe of approval or disapproval of
the plans and updates for existing programs within 60 days of submission.
(b) A plan for a new tribal program must be submitted at least 45 days before the program
is to commence. The commissioner shall approve or disapprove the plan for new programs
within 30 days of receipt.
(c) The tribal plan and update must contain information that has been established by the
commissioner and the commissioner of human services for the tribal employment and training
service program.
(d) The commissioner may recommend to the commissioner of human services withholding
the distribution of employment and training money from a tribe whose plan or update is
disapproved by the commissioner or a tribe that does not submit a plan or update by the date
established in this section.
History: 1989 c 282 art 5 s 128; 1990 c 568 art 4 s 78; 2004 c 206 s 52
116L.96 DISPLACED HOMEMAKER PROGRAMS.
The commissioner of economic security 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.
History: 1973 c 254; 1977 c 428 s 8; 1977 c 430 s 25; 1Sp1985 c 14 art 9 s 75; 1994 c
483 s 1; 2004 c 206 s 52
116L.976 EARLY WARNING SYSTEM.
    Subdivision 1. 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) 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.
    Subd. 2. Employer responsibility. An employer providing notice of a plant closing,
substantial layoff, or relocation of operations under the Worker Adjustment and Retraining
Notification Act, United States Code, title 29, section 2101, or under subdivision 1 must report
to the commissioner the names, addresses, and occupations of the employees who will be or
have been terminated.
History: 1989 c 282 art 2 s 178; 1993 c 369 s 102; 1994 c 488 s 8; 1999 c 107 s 66; 2000
c 343 s 4; 2001 c 175 s 50; 1Sp2001 c 4 art 2 s 41; 2002 c 380 art 2 s 20; 1Sp2003 c 4 s 1;
2004 c 206 s 47,52