1.1                          A bill for an act 
  1.2             relating to state government; merging the Department 
  1.3             of Economic Security and the Department of Employment 
  1.4             and Economic Development; making corresponding 
  1.5             technical and housekeeping changes; amending Minnesota 
  1.6             Statutes 2002, sections 3.922, subdivision 10; 
  1.7             15.0591, subdivision 2; 116J.01, subdivisions 4, 5; 
  1.8             116J.035, subdivision 2; 116J.551; 116J.64, 
  1.9             subdivisions 4, 5, 7, 8, 9, by adding a subdivision; 
  1.10            116L.01, subdivision 1; 116L.05, subdivision 4; 
  1.11            119A.46, subdivision 8; 144.9503, subdivision 1; 
  1.12            171.321, subdivision 2; 181.73, subdivision 1; 
  1.13            216C.10; 242.39, subdivision 3; 246.56, subdivision 1; 
  1.14            256J.08, subdivision 52; 268.001; 268.0111, 
  1.15            subdivision 4; 268.0122, subdivision 1; 268.29; 
  1.16            268.66, as amended; 268.665, as amended; 268.976, 
  1.17            subdivision 2; 268A.01, subdivisions 5, 13; Minnesota 
  1.18            Statutes 2003 Supplement, sections 15.01; 15.057; 
  1.19            15.06, subdivision 1; 15A.0815, subdivision 2; 16C.05, 
  1.20            subdivision 3; 116J.011; 116J.401; 116J.64, 
  1.21            subdivision 6; 116J.966, subdivision 1; 116J.980, 
  1.22            subdivision 1; 116J.994, subdivisions 9, 10; 116L.03, 
  1.23            subdivision 7; 116M.15, subdivision 1; 248.07, 
  1.24            subdivision 8; 256.482, subdivision 1; 256C.233, 
  1.25            subdivision 1; 268.014; 268.022, subdivision 1; 
  1.26            268.363; Laws 2003, chapter 128, article 10, section 
  1.27            2, subdivisions 1, 3; proposing coding for new law in 
  1.28            Minnesota Statutes, chapters 116J; 116L; 268A; 
  1.29            repealing Minnesota Statutes 2002, sections 116J.036; 
  1.30            116J.414; 116L.04, subdivision 4; 268.0111, 
  1.31            subdivisions 1, 2, 3a, 4a; 268.0121, subdivisions 1, 
  1.32            2; 268.0122, subdivisions 2, 5, 6; 268.027; 268.028; 
  1.33            268.029; 268.26, subdivisions 2, 3; 268.361, 
  1.34            subdivision 3; 268.3661; 268.551; 268.552; 268.56, 
  1.35            subdivision 2; 268.561, subdivision 10; 268.61, 
  1.36            subdivision 2; 268.65, subdivisions 1, 3, 4, 5; 
  1.37            268.666, subdivision 5; 268.89; 268.918; 268.95; 
  1.38            Minnesota Statutes 2003 Supplement, sections 268.0122, 
  1.39            subdivision 3; 268.26, subdivision 1; 268.65, 
  1.40            subdivision 2; 268.95, subdivision 4; 268.976, 
  1.41            subdivision 1; Laws 2001, chapter 175, section 49; 
  1.42            Minnesota Rules, parts 3300.0050; 3301.0180; 
  1.43            3301.0190; 3301.0200; 3301.0210; 3301.0220; 3301.0230; 
  1.44            3310.2903; 3310.2904; 3310.2905, subpart 1; 3310.2906; 
  1.45            3310.2907; 3310.2909; 3310.2918; 3315.0100; 3315.0202; 
  1.46            3315.0501, subparts 3, 4, 5; 3315.0510; 3315.0530, 
  2.1             subpart 1; 3315.0535; 3315.0545; 3315.0555, subpart 5; 
  2.2             3315.0915; 3315.0920; 3315.1005, subpart 2; 3315.1015; 
  2.3             3315.1301, subparts 3, 6; 3315.1305; 3315.1310; 
  2.4             3315.1650, subpart 1; 3315.2410; 3315.2610; 3315.2750; 
  2.5             3315.2810, subparts 1, 3; 3315.3220, subpart 4; 
  2.6             3320.0010; 3320.0020; 3320.0030; 7380.0200; 7380.0210; 
  2.7             7380.0220; 7380.0230; 7380.0240; 7380.0500; 7380.0510; 
  2.8             7380.0520; 7380.0530; 7380.0540; 7380.0550; 7380.0560; 
  2.9             7380.0570; 7380.0580; 7380.0581; 7380.0582; 7380.0600; 
  2.10            7380.0610; 7380.0620; 7380.0630; 7380.0640; 7380.0650; 
  2.11            7380.0800; 7380.0810; 7380.0820; 7380.0830; 7380.0840. 
  2.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.13     Section 1.  Minnesota Statutes 2002, section 3.922, 
  2.14  subdivision 10, is amended to read: 
  2.15     Subd. 10.  [RULEMAKING.] Notwithstanding section 116J.64, 
  2.16  subdivision 7, or other law, the council does not have authority 
  2.17  to adopt, amend, or repeal rules or to adjudicate contested 
  2.18  cases or appeals.  Rules adopted before July 1, 2001, may 
  2.19  continue in effect until amended or repealed by law. 
  2.20     Sec. 2.  Minnesota Statutes 2003 Supplement, section 15.01, 
  2.21  is amended to read: 
  2.22     15.01 [DEPARTMENTS OF THE STATE.] 
  2.23     The following agencies are designated as the departments of 
  2.24  the state government:  the Department of Administration; the 
  2.25  Department of Agriculture; the Department of Commerce; the 
  2.26  Department of Corrections; the Department of Education; the 
  2.27  Department of Economic Security; the Department of Employment 
  2.28  and Economic Development; the Department of Finance; the 
  2.29  Department of Health; the Department of Human Rights; the 
  2.30  Department of Labor and Industry; the Department of Military 
  2.31  Affairs; the Department of Natural Resources; the Department of 
  2.32  Employee Relations; the Department of Public Safety; the 
  2.33  Department of Human Services; the Department of Revenue; the 
  2.34  Department of Transportation; the Department of Veterans 
  2.35  Affairs; and their successor departments. 
  2.36     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  2.37  15.057, is amended to read: 
  2.38     15.057 [PUBLICITY REPRESENTATIVES.] 
  2.39     No state department, bureau, or division, whether the same 
  2.40  operates on funds appropriated or receipts or fees of any nature 
  2.41  whatsoever, except the Department of Transportation, the 
  3.1   Department of Employment and Economic Development, the Game and 
  3.2   Fish Division, the Department of Economic Security, and the 
  3.3   State Agricultural Society shall use any of such funds for the 
  3.4   payment of the salary or expenses of a publicity 
  3.5   representative.  The head of any such department, bureau, or 
  3.6   division shall be personally liable for funds used contrary to 
  3.7   this provision.  This section shall not be construed, however, 
  3.8   as preventing any such department, bureau, or division from 
  3.9   sending out any bulletins or other publicity required by any 
  3.10  state law or necessary for the satisfactory conduct of the 
  3.11  business for which such department, bureau, or division was 
  3.12  created. 
  3.13     Sec. 4.  Minnesota Statutes 2002, section 15.0591, 
  3.14  subdivision 2, is amended to read: 
  3.15     Subd. 2.  [BODIES AFFECTED.] A member meeting the 
  3.16  qualifications in subdivision 1 must be appointed to the 
  3.17  following boards, commissions, advisory councils, task forces, 
  3.18  or committees:  
  3.19     (1) Advisory Council on Battered Women and Domestic Abuse; 
  3.20     (2) Advisory Task Force on the Use of State Facilities; 
  3.21     (3) Alcohol and Other Drug Abuse Advisory Council; 
  3.22     (4) Board of Examiners for Nursing Home Administrators; 
  3.23     (5) Board on Aging; 
  3.24     (6) Chiropractic Examiners Board; 
  3.25     (7) Consumer Advisory Council on Vocational Rehabilitation; 
  3.26     (8) (7) Council on Disability; 
  3.27     (9) (8) Council on Affairs of Chicano/Latino People; 
  3.28     (10) (9) Council on Black Minnesotans; 
  3.29     (11) (10) Dentistry Board; 
  3.30     (12) Department of Economic Security Advisory Council; 
  3.31     (13) (11) Higher Education Services Office; 
  3.32     (14) (12) Housing Finance Agency; 
  3.33     (15) (13) Indian Advisory Council on Chemical Dependency; 
  3.34     (16) (14) Medical Practice Board; 
  3.35     (17) (15) Medical Policy Directional Task Force on Mental 
  3.36  Health; 
  4.1      (18) Minnesota Employment and Economic Development Task 
  4.2   Force; 
  4.3      (19) (16) Minnesota State Arts Board; 
  4.4      (20) (17) Nursing Board; 
  4.5      (21) (18) Optometry Board; 
  4.6      (22) (19) Pharmacy Board; 
  4.7      (23) (20) Board of Physical Therapy; 
  4.8      (24) (21) Podiatry Board; 
  4.9      (25) (22) Psychology Board; 
  4.10     (26) (23) Veterans Advisory Committee. 
  4.11     Sec. 5.  Minnesota Statutes 2003 Supplement, section 15.06, 
  4.12  subdivision 1, is amended to read: 
  4.13     Subdivision 1.  [APPLICABILITY.] This section applies to 
  4.14  the following departments or agencies:  the Departments of 
  4.15  Administration, Agriculture, Commerce, Corrections, Economic 
  4.16  Security, Education, Employee Relations, Employment and Economic 
  4.17  Development, Finance, Health, Human Rights, Labor and Industry, 
  4.18  Natural Resources, Public Safety, Human Services, Revenue, 
  4.19  Transportation, and Veterans Affairs; the Housing Finance and 
  4.20  Pollution Control Agencies; the Office of Commissioner of Iron 
  4.21  Range Resources and Rehabilitation; the Bureau of Mediation 
  4.22  Services; and their successor departments and agencies.  The 
  4.23  heads of the foregoing departments or agencies are 
  4.24  "commissioners." 
  4.25     Sec. 6.  Minnesota Statutes 2003 Supplement, section 
  4.26  15A.0815, subdivision 2, is amended to read: 
  4.27     Subd. 2.  [GROUP I SALARY LIMITS.] The salaries for 
  4.28  positions in this subdivision may not exceed 95 percent of the 
  4.29  salary of the governor:  
  4.30     Commissioner of administration; 
  4.31     Commissioner of agriculture; 
  4.32     Commissioner of education; 
  4.33     Commissioner of commerce; 
  4.34     Commissioner of corrections; 
  4.35     Commissioner of economic security; 
  4.36     Commissioner of employee relations; 
  5.1      Commissioner of finance; 
  5.2      Commissioner of health; 
  5.3      Executive director, Higher Education Services Office; 
  5.4      Commissioner, Housing Finance Agency; 
  5.5      Commissioner of human rights; 
  5.6      Commissioner of human services; 
  5.7      Executive director, State Board of Investment; 
  5.8      Commissioner of labor and industry; 
  5.9      Commissioner of natural resources; 
  5.10     Director of Office of Strategic and Long-Range Planning; 
  5.11     Commissioner, Pollution Control Agency; 
  5.12     Commissioner of public safety; 
  5.13     Commissioner of revenue; 
  5.14     Commissioner of employment and economic development; 
  5.15     Commissioner of transportation; and 
  5.16     Commissioner of veterans affairs. 
  5.17     Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  5.18  16C.05, subdivision 3, is amended to read: 
  5.19     Subd. 3.  [EXCEPTION.] The requirements of subdivision 2 do 
  5.20  not apply to contracts of the Department of Employment and 
  5.21  Economic Security Development distributing state and federal 
  5.22  funds for the purpose of subcontracting the provision of program 
  5.23  services to eligible recipients.  For these contracts, the 
  5.24  commissioner of employment and economic security development is 
  5.25  authorized to directly enter into agency contracts and encumber 
  5.26  available funds.  For contracts distributing state or federal 
  5.27  funds pursuant to the federal Economic Dislocation and Worker 
  5.28  Adjustment Assistance Act, United States Code, title 29, section 
  5.29  1651 et seq., Workforce Investment Act, United States Code, 
  5.30  title 29, section 2911 et seq., or sections 268.9771, 268.978, 
  5.31  268.9781, and 268.9782 section 116L.17, the commissioner of 
  5.32  economic security Job Skills Partnership Board is authorized to 
  5.33  directly enter into agency contracts with approval of the 
  5.34  Workforce Development Council and encumber available funds to 
  5.35  ensure a rapid response to the needs of dislocated workers.  The 
  5.36  commissioner of employment and economic security development 
  6.1   shall adopt internal procedures to administer and monitor funds 
  6.2   distributed under these contracts.  This exception also applies 
  6.3   to any contracts entered into by the commissioner of 
  6.4   education and the Jobs Skills Partnership Board that were 
  6.5   previously entered into by the commissioner of employment and 
  6.6   economic security development. 
  6.7      Sec. 8.  Minnesota Statutes 2002, section 116J.01, 
  6.8   subdivision 4, is amended to read: 
  6.9      Subd. 4.  [APPOINTMENT OF DEPUTY COMMISSIONER DIRECTOR OF 
  6.10  THE OFFICE OF TOURISM.] The deputy commissioner director of the 
  6.11  Office of Tourism shall be appointed by the governor.  
  6.12  The deputy commissioner director is under the supervision of the 
  6.13  commissioner and serves in the unclassified service. 
  6.14     Sec. 9.  Minnesota Statutes 2002, section 116J.01, 
  6.15  subdivision 5, is amended to read: 
  6.16     Subd. 5.  [DEPARTMENTAL ORGANIZATION.] (a) The commissioner 
  6.17  shall organize the department as provided in section 15.06.  
  6.18     (b) The commissioner may establish divisions and offices 
  6.19  within the department.  The commissioner may employ four deputy 
  6.20  commissioners in the unclassified service.  One deputy must 
  6.21  direct the Minnesota Trade Office and must be experienced and 
  6.22  knowledgeable in matters of international trade.  One must 
  6.23  direct the Office of Tourism and be knowledgeable in matters of 
  6.24  tourism.  
  6.25     (c) The commissioner shall: 
  6.26     (1) employ assistants and other officers, employees, and 
  6.27  agents that the commissioner considers necessary to discharge 
  6.28  the functions of the commissioner's office; 
  6.29     (2) define the duties of the officers, employees, and 
  6.30  agents, and delegate to them any of the commissioner's powers, 
  6.31  duties, and responsibilities, subject to the commissioner's 
  6.32  control and under conditions prescribed by the commissioner.  
  6.33     (d) The commissioner shall ensure that there are at least 
  6.34  three trade employment and economic development officers in 
  6.35  state offices in nonmetropolitan areas of the state who will 
  6.36  work with local units of government on developing local trade 
  7.1   employment and economic development. 
  7.2      Sec. 10.  Minnesota Statutes 2003 Supplement, section 
  7.3   116J.011, is amended to read: 
  7.4      116J.011 [MISSION.] 
  7.5      The mission of the Department of Employment and Economic 
  7.6   Development is to employ all of the available state government 
  7.7   resources to facilitate an economic environment that produces 
  7.8   net new job growth in excess of the national average, to improve 
  7.9   the quality of existing jobs, and to increase nonresident and 
  7.10  resident tourism revenues support the economic success of 
  7.11  individuals, businesses, and communities by providing 
  7.12  opportunities for growth.  It is part of the department's 
  7.13  mission that within the department's resources the commissioner 
  7.14  shall endeavor to: 
  7.15     (1) prevent the waste or unnecessary spending of public 
  7.16  money; 
  7.17     (2) use innovative fiscal and human resource practices to 
  7.18  manage the state's resources and operate the department as 
  7.19  efficiently as possible; 
  7.20     (3) coordinate the department's activities wherever 
  7.21  appropriate with the activities of other governmental agencies; 
  7.22     (4) use technology where appropriate to increase agency 
  7.23  productivity, improve customer service, increase public access 
  7.24  to information about government, and increase public 
  7.25  participation in the business of government; 
  7.26     (5) utilize constructive and cooperative labor-management 
  7.27  practices to the extent otherwise required by chapters 43A and 
  7.28  179A; 
  7.29     (6) report to the legislature on the performance of agency 
  7.30  operations and the accomplishment of agency goals in the 
  7.31  agency's biennial budget according to section 16A.10, 
  7.32  subdivision 1; and 
  7.33     (7) recommend to the legislature appropriate changes in law 
  7.34  necessary to carry out the mission and improve the performance 
  7.35  of the department. 
  7.36     Sec. 11.  Minnesota Statutes 2002, section 116J.035, 
  8.1   subdivision 2, is amended to read: 
  8.2      Subd. 2.  [RULES.] The commissioner may adopt rules 
  8.3   pursuant to chapter 14 as necessary to carry out the 
  8.4   commissioner's duties and responsibilities pursuant to this 
  8.5   chapter.  
  8.6      Sec. 12.  Minnesota Statutes 2003 Supplement, section 
  8.7   116J.401, is amended to read: 
  8.8      116J.401 [POWERS AND DUTIES.] 
  8.9      The commissioner of employment and economic development 
  8.10  shall:  
  8.11     (1) provide regional development commissions, the 
  8.12  Metropolitan Council, and units of local government with 
  8.13  information, technical assistance, training, and advice on using 
  8.14  federal and state programs; 
  8.15     (2) receive and administer the Small Cities Community 
  8.16  Development Block Grant Program authorized by Congress under the 
  8.17  Housing and Community Development Act of 1974, as amended; 
  8.18     (3) receive and administer the section 107 technical 
  8.19  assistance program grants authorized by Congress under the 
  8.20  Housing and Community Development Act of 1974, as amended; 
  8.21     (4) receive and administer grants for the Minnesota Jail 
  8.22  Resource Center authorized by Congress under the Juvenile 
  8.23  Justice and Delinquency Prevention Act of 1974, as amended; 
  8.24     (5) receive and, administer, and supervise other state and 
  8.25  federal grants and grant programs for planning, community 
  8.26  affairs, community development purposes, employment and training 
  8.27  services and other state and federal programs assigned to the 
  8.28  department by law or by the governor in accordance with section 
  8.29  4.07; and 
  8.30     (6) (5) receive applications for state and federal grants 
  8.31  and grant programs for planning, community affairs, and 
  8.32  community development purposes, and other state and federal 
  8.33  programs assigned to the department by law or by the governor in 
  8.34  accordance with section 4.07.; 
  8.35     (6) act as the agent of, and cooperate with, the federal 
  8.36  government in matters of mutual concern, including the 
  9.1   administration of any federal funds granted to the state to aid 
  9.2   in the performance of functions of the commissioner; 
  9.3      (7) provide consistent, integrated employment and training 
  9.4   services across the state; 
  9.5      (8) administer the Wagner-Peyser Act, the Workforce 
  9.6   Investment Act, and other federal employment and training 
  9.7   programs; 
  9.8      (9) establish the standards for all employment and training 
  9.9   services administered under this chapter and chapters 116L, 248, 
  9.10  268, and 268A; 
  9.11     (10) administer the aspects of the Minnesota family 
  9.12  investment program, general assistance, and food stamps that 
  9.13  relate to employment and training services, subject to the 
  9.14  contract under section 268.86, subdivision 2; 
  9.15     (11) obtain reports from local service units and service 
  9.16  providers for the purpose of evaluating the performance of 
  9.17  employment and training services; 
  9.18     (12) as requested, certify employment and training 
  9.19  services, and decertify services that fail to comply with 
  9.20  performance criteria according to standards established by the 
  9.21  commissioner; 
  9.22     (13) develop standards for the contents and structure of 
  9.23  the local service unit plans and plans for Indian tribe 
  9.24  employment and training services, review and comment on those 
  9.25  plans, and approve or disapprove the plans; 
  9.26     (14) supervise the county boards of commissioners, local 
  9.27  service units, and any other units of government designated in 
  9.28  federal or state law as responsible for employment and training 
  9.29  programs; 
  9.30     (15) establish administrative standards and payment 
  9.31  conditions for providers of employment and training services; 
  9.32     (16) enter into agreements with Indian tribes as necessary 
  9.33  to provide employment and training services as appropriate funds 
  9.34  become available; 
  9.35     (17) cooperate with the federal government and its 
  9.36  employment and training agencies in any reasonable manner as 
 10.1   necessary to qualify for federal aid for employment and training 
 10.2   services and money; 
 10.3      (18) administer and supervise all forms of unemployment 
 10.4   insurance provided for under federal and state laws: 
 10.5      (19) provide current state and substate labor market 
 10.6   information and forecasts, in cooperation with other agencies; 
 10.7      (20) require all general employment and training programs 
 10.8   that receive state funds to make available information about 
 10.9   opportunities for women in nontraditional careers in the trades 
 10.10  and technical occupations; 
 10.11     (21) consult with the rehabilitation council for the blind 
 10.12  on matters pertaining to programs and services for the blind and 
 10.13  visually impaired; 
 10.14     (22) enter into agreements with other departments of the 
 10.15  state and local units of government as necessary; and 
 10.16     (23) establish and maintain administrative units necessary 
 10.17  to perform administrative functions common to all divisions of 
 10.18  the department. 
 10.19     Sec. 13.  Minnesota Statutes 2002, section 116J.551, is 
 10.20  amended to read: 
 10.21     116J.551 [CREATION OF ACCOUNT ACCOUNTS.] 
 10.22     Subdivision 1.  [GRANT ACCOUNT.] A contaminated site 
 10.23  cleanup and development grant account is created in the general 
 10.24  fund.  Money in the account may be used, as appropriated by law, 
 10.25  to make grants as provided in section 116J.554 and to pay for 
 10.26  the commissioner's costs in reviewing applications and making 
 10.27  grants. 
 10.28     Subd. 2.  [REVOLVING LOAN ACCOUNT.] A revolving loan 
 10.29  account is created in the general fund for the Minnesota cleanup 
 10.30  revolving loan fund, funded by the United States Environmental 
 10.31  Protection Agency.  Money in the account may be invested by the 
 10.32  State Board of Investment.  Money in the account must be used to 
 10.33  provide loans and grants in accordance with section 116J.559 and 
 10.34  the Brownfields Revitalization and Environmental Restoration Act 
 10.35  of 2001, Public Law 107-118, title II, under the authority of 
 10.36  the United States Environmental Protection Agency, and to pay 
 11.1   for the commissioner's cost in reviewing applications and making 
 11.2   loans and/or grants. 
 11.3      Sec. 14.  [116J.559] [LOANS.] 
 11.4      The commissioner may provide loans and grants that meet the 
 11.5   criteria of the Brownfields Revitalization and Environmental 
 11.6   Restoration Act of 2001, Public Law 107-118, title II, under the 
 11.7   authority of the United States Environmental Protection Agency, 
 11.8   from the account established in section 116J.551, subdivision 
 11.9   2.  The commissioner shall prioritize the projects pursuant to 
 11.10  section 116J.555. 
 11.11     Sec. 15.  Minnesota Statutes 2002, section 116J.64, 
 11.12  subdivision 4, is amended to read: 
 11.13     Subd. 4.  "Tribal council government" means the reservation 
 11.14  business committee, board of trustees, tribal council, federally 
 11.15  recognized tribal entity, or equivalent duly constituted tribal 
 11.16  authority. 
 11.17     Sec. 16.  Minnesota Statutes 2002, section 116J.64, 
 11.18  subdivision 5, is amended to read: 
 11.19     Subd. 5.  "Agency" means the Indian Affairs Council 
 11.20  Department of Employment and Economic Development.  
 11.21     Sec. 17.  Minnesota Statutes 2002, section 116J.64, is 
 11.22  amended by adding a subdivision to read: 
 11.23     Subd. 5a.  "Eligible organization" means any organization 
 11.24  approved by a tribal government to administer its portion of the 
 11.25  Indian business loan fund allotted to the tribal government. 
 11.26     Sec. 18.  Minnesota Statutes 2003 Supplement, section 
 11.27  116J.64, subdivision 6, is amended to read: 
 11.28     Subd. 6.  (a) The remaining 20 percent of the tax revenue 
 11.29  received by the county auditor under section 273.165, 
 11.30  subdivision 1, shall be remitted by the county auditor to the 
 11.31  commissioner of finance and shall be deposited in an account in 
 11.32  the special revenue fund.  The account is established under the 
 11.33  jurisdiction and control of the agency, which may engage in a 
 11.34  business loan program for American Indians as that term is 
 11.35  defined in subdivision 2.  
 11.36     (b) The tribal councils governments or eligible 
 12.1   organization may administer the account, provided that, before 
 12.2   making any eligible loans, each tribal council government must 
 12.3   submit to the agency, for its review and approval, a plan for 
 12.4   that council's government's loan program which specifically 
 12.5   describes, as to that program, its content, the application and 
 12.6   reporting forms, utilization of money, administration, 
 12.7   operation, implementation, and other matters required by the 
 12.8   agency.  The plan may provide for the tribal government to 
 12.9   contract with an eligible organization to administer its loan 
 12.10  program.  
 12.11     (c) All such programs plans must provide for a reasonable 
 12.12  balance in the distribution of money appropriated pursuant to 
 12.13  this section to make business loans between Indians residing on 
 12.14  and off the reservations within the state.  Each tribal 
 12.15  government may allocate all, or a portion of, the funds in its 
 12.16  account to one or more other tribal governments for purposes of 
 12.17  making eligible loans.  As a condition to the making of such 
 12.18  eligible loans, the tribal councils governments shall enter into 
 12.19  a loan agreement and other contractual arrangements with the 
 12.20  agency to carry out this chapter, and shall agree that all 
 12.21  official books and records relating to the business loan program 
 12.22  shall be subject to audit by the legislative auditor in the same 
 12.23  manner prescribed for agencies of state government.  
 12.24     (d) Whenever money is appropriated by the commissioner of 
 12.25  finance to the agency solely for the purposes in this 
 12.26  subdivision, the agency shall record in the Indian business loan 
 12.27  account the receipt and disbursement of the money and of the 
 12.28  income, gain and loss from the investment and reinvestment of 
 12.29  the money.  
 12.30     Sec. 19.  Minnesota Statutes 2002, section 116J.64, 
 12.31  subdivision 7, is amended to read: 
 12.32     Subd. 7.  (a) An Indian desiring a loan for the purpose of 
 12.33  starting a business enterprise, or expanding an existing 
 12.34  business, or for technical and management assistance, shall make 
 12.35  application to the Indian Affairs Council appropriate tribal 
 12.36  government.  The Indian Affairs Council shall prescribe the 
 13.1   necessary forms and advise the prospective borrower as to the 
 13.2   conditions under which the application may be expected to 
 13.3   receive favorable consideration.  The application shall be 
 13.4   forwarded to the appropriate tribal council eligible 
 13.5   organization, if it is participating in the program, 
 13.6   for approval or disapproval, and shall be consideration in 
 13.7   conformity with the plans submitted by said tribal councils 
 13.8   governments.  The tribal government may approve the application 
 13.9   if it determines that the loan would advance the goals of the 
 13.10  Indian business loan program.  If the tribal council government 
 13.11  is not participating in the program, the Indian Affairs Council 
 13.12  agency may directly administer approve or deny the loan 
 13.13  application.  
 13.14     (b) If the application is approved, the Indian Affairs 
 13.15  Council tribal government shall forward the application, 
 13.16  together with all relevant documents pertinent thereto, to the 
 13.17  commissioner of finance the agency, who shall draw cause a 
 13.18  warrant to be drawn in favor of the applicable tribal council or 
 13.19  the Indian Affairs Council government, or the agency, if it is 
 13.20  administering the loan, with appropriate notations identifying 
 13.21  the borrower.  The tribal council or the Indian Affairs Council, 
 13.22  if it is administering the loan, shall thereafter reimburse 
 13.23  suppliers and vendors for purchases of equipment, real estate 
 13.24  and inventory made by the borrower pursuant to the conditions or 
 13.25  guidelines established by the Indian Affairs Council.  
 13.26     (c) The tribal council or the Indian Affairs 
 13.27  Council government, eligible organization, or the agency, if it 
 13.28  is administering the loan, shall maintain records of 
 13.29  transactions for each borrower in a manner consistent with good 
 13.30  accounting practice.  Simple interest at two percent of the 
 13.31  amount of the debt owed shall be charged.  The interest rate on 
 13.32  a loan shall be established by the tribal government or the 
 13.33  agency, but may be no less than two percent per annum nor more 
 13.34  than ten percent per annum.  When any portion of a debt is 
 13.35  repaid, the tribal council or the Indian Affairs Council 
 13.36  government, eligible organization, or the agency, if it is 
 14.1   administering the loan, shall remit the amount so received plus 
 14.2   interest paid thereon to the commissioner of finance through the 
 14.3   Indian Affairs Council agency.  The amount so received shall be 
 14.4   credited to the Indian business loan account.  The tribal 
 14.5   council or the Indian Affairs Council, if it is administering 
 14.6   the loan, shall secure a fidelity bond from a surety company, in 
 14.7   favor of the commissioner of finance, in an amount equal to the 
 14.8   maximum amount to the credit of its loan account during the 
 14.9   fiscal year.  
 14.10     (d) On the placing of a loan, additional money equal to ten 
 14.11  percent of the total amount made available to any tribal council 
 14.12  or the Indian Affairs Council government, eligible organization, 
 14.13  or the agency, if it is administering the loan, for loans during 
 14.14  the fiscal year shall be paid to the council tribal government, 
 14.15  eligible organization, or the agency, prior to December 31 for 
 14.16  the purpose of financing administrative costs. 
 14.17     Sec. 20.  Minnesota Statutes 2002, section 116J.64, 
 14.18  subdivision 8, is amended to read: 
 14.19     Subd. 8.  Loans made under subdivision 7 shall be limited 
 14.20  to a period of 20 ten years, if made for the purpose of 
 14.21  financing nonreal estate purchases.  Loans made for the purpose 
 14.22  of financing real estate purchases, where such real property is 
 14.23  to be used for nonresidential purposes only, shall be limited to 
 14.24  a period of 40 20 years, and shall be a lien on the real 
 14.25  property so acquired.  Under no circumstances shall the state 
 14.26  take a position junior to third lien.  In instances where it is 
 14.27  impossible or undesirable to secure a lien against real 
 14.28  property, the state may secure a lien against personal property 
 14.29  for an amount equal to, or greater than, the face value of the 
 14.30  loan to ensure that adequate collateral is provided. 
 14.31     Sec. 21.  Minnesota Statutes 2002, section 116J.64, 
 14.32  subdivision 9, is amended to read: 
 14.33     Subd. 9.  Any person misrepresenting facts regarding the 
 14.34  Indian ancestry of a prospective borrower for the purpose of 
 14.35  securing a loan under subdivision 7, whether such borrower be is 
 14.36  an individual, partnership or corporation, shall be guilty of a 
 15.1   gross misdemeanor. 
 15.2      Sec. 22.  Minnesota Statutes 2003 Supplement, section 
 15.3   116J.966, subdivision 1, is amended to read: 
 15.4      Subdivision 1.  [GENERALLY.] (a) The commissioner shall 
 15.5   promote, develop, and facilitate trade and foreign investment in 
 15.6   Minnesota.  In furtherance of these goals, and in addition to 
 15.7   the powers granted by section 116J.035, the commissioner may:  
 15.8      (1) locate, develop, and promote international markets for 
 15.9   Minnesota products and services; 
 15.10     (2) arrange and lead trade missions to countries with 
 15.11  promising international markets for Minnesota goods, technology, 
 15.12  services, and agricultural products; 
 15.13     (3) promote Minnesota products and services at domestic and 
 15.14  international trade shows; 
 15.15     (4) organize, promote, and present domestic and 
 15.16  international trade shows featuring Minnesota products and 
 15.17  services; 
 15.18     (5) host trade delegations and assist foreign traders in 
 15.19  contacting appropriate Minnesota businesses and investments; 
 15.20     (6) develop contacts with Minnesota businesses and gather 
 15.21  and provide information to assist them in locating and 
 15.22  communicating with international trading or joint venture 
 15.23  counterparts; 
 15.24     (7) provide information, education, and counseling services 
 15.25  to Minnesota businesses regarding the economic, commercial, 
 15.26  legal, and cultural contexts of international trade; 
 15.27     (8) provide Minnesota businesses with international trade 
 15.28  leads and information about the availability and sources of 
 15.29  services relating to international trade, such as export 
 15.30  financing, licensing, freight forwarding, international 
 15.31  advertising, translation, and custom brokering; 
 15.32     (9) locate, attract, and promote foreign direct investment 
 15.33  and business development in Minnesota to enhance employment 
 15.34  opportunities in Minnesota; 
 15.35     (10) provide foreign businesses and investors desiring to 
 15.36  locate facilities in Minnesota information regarding sources of 
 16.1   governmental, legal, real estate, financial, and business 
 16.2   services; 
 16.3      (11) enter into contracts or other agreements with private 
 16.4   persons and public entities, including agreements to establish 
 16.5   and maintain offices and other types of representation in 
 16.6   foreign countries, to carry out the purposes of promoting 
 16.7   international trade and attracting investment from foreign 
 16.8   countries to Minnesota and to carry out this section, without 
 16.9   regard to section 16C.06; and 
 16.10     (12) market trade-related materials to businesses and 
 16.11  organizations, and the proceeds of which must be placed in a 
 16.12  special revolving account and are appropriated to the 
 16.13  commissioner to prepare and distribute trade-related materials.  
 16.14     (b) The programs and activities of the commissioner of 
 16.15  employment and economic development and the Minnesota Trade 
 16.16  Division may not duplicate programs and activities of the 
 16.17  commissioner of agriculture or the Minnesota World Trade Center. 
 16.18     (c) The commissioner shall notify the chairs of the senate 
 16.19  finance and house appropriations committees of each agreement 
 16.20  under this subdivision to establish and maintain an office or 
 16.21  other type of representation in a foreign country. 
 16.22     Sec. 23.  Minnesota Statutes 2003 Supplement, section 
 16.23  116J.980, subdivision 1, is amended to read: 
 16.24     Subdivision 1.  [DUTIES.] The Department of Employment and 
 16.25  Economic Development shall:  
 16.26     (1) be responsible for administering all state community 
 16.27  development and assistance programs, including the economic 
 16.28  recovery account, the outdoor recreation grant program, the 
 16.29  rural development programs, the Minnesota Public Facilities 
 16.30  Authority loan and grant programs, and the enterprise zone 
 16.31  program; 
 16.32     (2) be responsible for state administration of federally 
 16.33  funded community development and assistance programs, including 
 16.34  the small cities development grant program, the Minnesota 
 16.35  cleanup revolving loan fund program created under the 
 16.36  Brownfields Revitalization and Environmental Restoration Act of 
 17.1   2001, Public Law 107-118, title II, under the authority of the 
 17.2   United States Environmental Protection Agency, and land and 
 17.3   water conservation program programs; 
 17.4      (3) provide technical assistance to rural communities for 
 17.5   community development in cooperation with regional development 
 17.6   commissions; 
 17.7      (4) coordinate the development and review of state rural 
 17.8   development policies; and 
 17.9      (5) be responsible for coordinating community assistance 
 17.10  and development programs in cooperation with regional 
 17.11  development commissions. 
 17.12     Sec. 24.  Minnesota Statutes 2003 Supplement, section 
 17.13  116J.994, subdivision 9, is amended to read: 
 17.14     Subd. 9.  [COMPILATION AND SUMMARY REPORT.] The Department 
 17.15  of Employment and Economic Development must publish a 
 17.16  compilation and summary of the results of the reports for the 
 17.17  previous two calendar year years by August December 1 of 2004 
 17.18  and every other year thereafter.  The reports of the government 
 17.19  agencies to the department and the compilation and summary 
 17.20  report of the department must be made available to the public. 
 17.21     The commissioner must coordinate the production of reports 
 17.22  so that useful comparisons across time periods and across 
 17.23  grantors can be made.  The commissioner may add other 
 17.24  information to the report as the commissioner deems necessary to 
 17.25  evaluate business subsidies.  Among the information in the 
 17.26  summary and compilation report, the commissioner must include: 
 17.27     (1) total amount of subsidies awarded in each development 
 17.28  region of the state; 
 17.29     (2) distribution of business subsidy amounts by size of the 
 17.30  business subsidy; 
 17.31     (3) distribution of business subsidy amounts by time 
 17.32  category; 
 17.33     (4) distribution of subsidies by type and by public 
 17.34  purpose; 
 17.35     (5) percent of all business subsidies that reached their 
 17.36  goals; 
 18.1      (6) percent of business subsidies that did not reach their 
 18.2   goals by two years from the benefit date; 
 18.3      (7) total dollar amount of business subsidies that did not 
 18.4   meet their goals after two years from the benefit date; 
 18.5      (8) percent of subsidies that did not meet their goals and 
 18.6   that did not receive repayment; 
 18.7      (9) list of recipients that have failed to meet the terms 
 18.8   of a subsidy agreement in the past five years and have not 
 18.9   satisfied their repayment obligations; 
 18.10     (10) number of part-time and full-time jobs within separate 
 18.11  bands of wages; and 
 18.12     (11) benefits paid within separate bands of wages.  
 18.13     Sec. 25.  Minnesota Statutes 2003 Supplement, section 
 18.14  116J.994, subdivision 10, is amended to read: 
 18.15     Subd. 10.  [COMPILATION.] The Department of Employment and 
 18.16  Economic Development must publish a compilation of granting 
 18.17  agencies' criteria policies adopted in the previous two calendar 
 18.18  years by August December 1 of 2004 and every other year 
 18.19  thereafter. 
 18.20     Sec. 26.  Minnesota Statutes 2002, section 116L.01, 
 18.21  subdivision 1, is amended to read: 
 18.22     Subdivision 1.  [GENERALLY.] For the purposes of this 
 18.23  chapter sections 116L.01 to 116L.17, the terms defined in this 
 18.24  section have the meanings given them. 
 18.25     Sec. 27.  Minnesota Statutes 2003 Supplement, section 
 18.26  116L.03, subdivision 7, is amended to read: 
 18.27     Subd. 7.  [OFFICES.] The Department of Employment and 
 18.28  Economic Development shall provide office space and staff to the 
 18.29  Job Skills Partnership Board for the execution of its duties.  
 18.30  The board shall hire an executive director to assist in carrying 
 18.31  out its duties. 
 18.32     Sec. 28.  Minnesota Statutes 2002, section 116L.05, 
 18.33  subdivision 4, is amended to read: 
 18.34     Subd. 4.  [LEGISLATIVE RECOMMENDATIONS.] By January 15 of 
 18.35  each odd-numbered year, the board must submit recommendations to 
 18.36  the house and senate committees with jurisdiction over workforce 
 19.1   development programs, regarding modifications to, or elimination 
 19.2   of, existing workforce development programs under the board's 
 19.3   oversight and the potential implementation of new programs.  The 
 19.4   recommendations must include recommendations regarding funding 
 19.5   levels and sources.  
 19.6      Sec. 29.  [116L.19] [DEFINITIONS.] 
 19.7      Subdivision 1.  [APPLICABILITY.] The definitions in this 
 19.8   section apply to sections 116L.19 to 116L.976. 
 19.9      Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
 19.10  commissioner of employment and economic development. 
 19.11     Subd. 3.  [DEPARTMENT.] "Department" means the Department 
 19.12  of Employment and Economic Development. 
 19.13     Sec. 30.  Minnesota Statutes 2003 Supplement, section 
 19.14  116M.15, subdivision 1, is amended to read: 
 19.15     Subdivision 1.  [CREATION; MEMBERSHIP.] The Urban 
 19.16  Initiative Board is created and consists of the commissioners 
 19.17  commissioner of employment and economic development and economic 
 19.18  security, the chair of the Metropolitan Council, and eight 
 19.19  members from the general public appointed by the governor.  Six 
 19.20  of the public members must be representatives from minority 
 19.21  business enterprises.  No more than four of the public members 
 19.22  may be of one gender.  All public members must be experienced in 
 19.23  business or economic development. 
 19.24     Sec. 31.  Minnesota Statutes 2002, section 119A.46, 
 19.25  subdivision 8, is amended to read: 
 19.26     Subd. 8.  [TESTING AND EVALUATION.] (a) Testing of the 
 19.27  environment is not necessary by swab teams whose work is 
 19.28  assigned by the commissioner of health or a designated board of 
 19.29  health under section 144.9504.  The commissioner of health or 
 19.30  designated board of health must share the analytical testing 
 19.31  data collected on each residence for purposes of secondary 
 19.32  prevention under section 144.9504 with the swab team workers in 
 19.33  order to provide constructive feedback on their work and to the 
 19.34  commissioner for the purposes set forth in paragraph (c). 
 19.35     (b) For purposes of primary prevention evaluation, the 
 19.36  following samples must be collected:  pretesting and posttesting 
 20.1   of one noncarpeted floor dust lead sample and a notation of the 
 20.2   extent and location of bare soil and of deteriorated lead-based 
 20.3   paint.  The analytical testing data collected on each residence 
 20.4   for purposes of primary prevention under section 144.9503 must 
 20.5   be shared with the swab team workers in order to provide 
 20.6   constructive feedback on their work and to the commissioner for 
 20.7   the purposes set forth in paragraph (c). 
 20.8      (c) The commissioner of health must establish a program in 
 20.9   cooperation with the commissioner to collect appropriate data as 
 20.10  required under paragraphs (a) and (b), in order to conduct an 
 20.11  ongoing evaluation of swab team services for primary and 
 20.12  secondary prevention.  Within the limits of available 
 20.13  appropriations, the commissioner of health must conduct or 
 20.14  contract with the commissioner, on up to 1,000 residences which 
 20.15  have received primary or secondary prevention swab team 
 20.16  services, a postremediation evaluation, on at least a quarterly 
 20.17  basis for a period of at least two years for each residence.  
 20.18  The evaluation must note the condition of the paint within the 
 20.19  residence, the extent of bare soil on the grounds, and collect 
 20.20  and analyze one noncarpeted floor dust lead sample.  The data 
 20.21  collected must be evaluated to determine the efficacy of 
 20.22  providing swab team services as a method of reducing lead 
 20.23  exposure in young children.  In evaluating this data, the 
 20.24  commissioner of health must consider city size, community 
 20.25  location, historic traffic flow, soil lead level of the property 
 20.26  by area or census tract, distance to industrial point sources 
 20.27  that emit lead, season of the year, age of the housing, age and 
 20.28  number of children living at the residence, the presence of pets 
 20.29  that move in and out of the residence, and other relevant 
 20.30  factors as the commissioner of health may determine.  This 
 20.31  evaluation of the swab team program may be paid from amounts 
 20.32  appropriated to the Department of Economic Security for 
 20.33  providing swab team services. 
 20.34     Sec. 32.  Minnesota Statutes 2002, section 144.9503, 
 20.35  subdivision 1, is amended to read: 
 20.36     Subdivision 1.  [PRIMARY PREVENTION PROGRAM.] The 
 21.1   commissioner shall develop and maintain a primary prevention 
 21.2   program to reduce lead exposure in young children and pregnant 
 21.3   women.  A board of health serving a city of the first class 
 21.4   shall determine areas at high risk for toxic lead exposure 
 21.5   before doing primary prevention lead hazard reduction 
 21.6   activities.  The program shall provide primary prevention lead 
 21.7   education materials, promote primary prevention swab team 
 21.8   services in cooperation with the commissioner of economic 
 21.9   security or housing finance, provide lead cleanup equipment and 
 21.10  material grants as funding allows, monitor regulated lead work, 
 21.11  and develop and maintain lead-safe practices in cooperation with 
 21.12  the commissioner of administration. 
 21.13     Sec. 33.  Minnesota Statutes 2002, section 171.321, 
 21.14  subdivision 2, is amended to read: 
 21.15     Subd. 2.  [RULES.] (a) The commissioner of public safety 
 21.16  shall prescribe rules governing the physical qualifications of 
 21.17  school bus drivers and tests required to obtain a school bus 
 21.18  endorsement.  The rules must provide that an applicant for a 
 21.19  school bus endorsement or renewal is exempt from the physical 
 21.20  qualifications and medical examination required to operate a 
 21.21  school bus upon providing evidence of being medically examined 
 21.22  and certified within the preceding 24 months as physically 
 21.23  qualified to operate a commercial motor vehicle, pursuant to 
 21.24  Code of Federal Regulations, title 49, part 391, subpart E, or 
 21.25  rules of the commissioner of transportation incorporating those 
 21.26  federal regulations.  The commissioner shall accept physical 
 21.27  examinations for school bus drivers conducted by medical 
 21.28  examiners authorized as provided by Code of Federal Regulations, 
 21.29  title 49, chapter 3, part 391, subpart E. 
 21.30     (b) The commissioner of public safety, in conjunction with 
 21.31  the commissioner of economic security education, shall adopt 
 21.32  rules prescribing a training program for Head Start bus 
 21.33  drivers.  The program must provide for initial classroom and 
 21.34  behind-the-wheel training, and annual in-service training.  The 
 21.35  program must provide training in defensive driving, human 
 21.36  relations, emergency and accident procedures, vehicle 
 22.1   maintenance, traffic laws, and use of safety equipment.  The 
 22.2   program must provide that the training will be conducted by the 
 22.3   contract operator for a Head Start agency, the Head Start 
 22.4   grantee, a licensed driver training school, or by another person 
 22.5   or entity approved by both commissioners. 
 22.6      Sec. 34.  Minnesota Statutes 2002, section 181.73, 
 22.7   subdivision 1, is amended to read: 
 22.8      Subdivision 1.  Any person, association, organization, or 
 22.9   other group employing five or more persons, full time, part time 
 22.10  or otherwise, who come within the definition of recruited 
 22.11  migrant laborers as hereafter defined and who are employed or 
 22.12  are recruited to be employed in the processing of agricultural 
 22.13  produce other than as field labor, shall provide at its expense 
 22.14  health care insurance during the period of employment or for 
 22.15  illness or injury incurred while employed.  Such health care 
 22.16  insurance shall be in accordance with such rules as the 
 22.17  commissioner of economic security may prescribe by rule for each 
 22.18  such recruited migrant laborer who is not a resident of 
 22.19  Minnesota and who does not have health care insurance meeting 
 22.20  the requirements of the rules promulgated by the commissioner of 
 22.21  economic security. 
 22.22     Sec. 35.  Minnesota Statutes 2002, section 216C.10, is 
 22.23  amended to read: 
 22.24     216C.10 [COMMISSIONER POWERS.] 
 22.25     (a) The commissioner may: 
 22.26     (1) adopt rules under chapter 14 as necessary to carry out 
 22.27  the purposes of sections 216C.05 to 216C.30; 
 22.28     (2) make all contracts under sections 216C.05 to 216C.30 
 22.29  and do all things necessary to cooperate with the United States 
 22.30  government, and to qualify for, accept, and disburse any grant 
 22.31  intended for the administration of sections 216C.05 to 216C.30; 
 22.32     (3) provide on-site technical assistance to units of local 
 22.33  government in order to enhance local capabilities for dealing 
 22.34  with energy problems; 
 22.35     (4) administer for the state, energy programs under federal 
 22.36  law, regulations, or guidelines, except for the low-income home 
 23.1   energy assistance program and low-income weatherization programs 
 23.2   administered by the Department of Economic Security, and 
 23.3   coordinate the programs and activities with other state 
 23.4   agencies, units of local government, and educational 
 23.5   institutions; 
 23.6      (5) develop a state energy investment plan with yearly 
 23.7   energy conservation and alternative energy development goals, 
 23.8   investment targets, and marketing strategies; 
 23.9      (6) perform market analysis studies relating to 
 23.10  conservation, alternative and renewable energy resources, and 
 23.11  energy recovery; 
 23.12     (7) assist with the preparation of proposals for innovative 
 23.13  conservation, renewable, alternative, or energy recovery 
 23.14  projects; 
 23.15     (8) manage and disburse funds made available for the 
 23.16  purpose of research studies or demonstration projects related to 
 23.17  energy conservation or other activities deemed appropriate by 
 23.18  the commissioner; 
 23.19     (9) intervene in certificate of need proceedings before the 
 23.20  Public Utilities Commission; 
 23.21     (10) collect fees from recipients of loans, grants, or 
 23.22  other financial aid from money received from litigation or 
 23.23  settlement of alleged violations of federal petroleum-pricing 
 23.24  regulations, which fees must be used to pay the department's 
 23.25  costs in administering those financial aids; and 
 23.26     (11) collect fees from proposers and operators of 
 23.27  conservation and other energy-related programs that are 
 23.28  reviewed, evaluated, or approved by the department, other than 
 23.29  proposers that are political subdivisions or community or 
 23.30  nonprofit organizations, to cover the department's cost in 
 23.31  making the reviewal, evaluation, or approval and in developing 
 23.32  additional programs for others to operate. 
 23.33     (b) Notwithstanding any other law, the commissioner is 
 23.34  designated the state agent to apply for, receive, and accept 
 23.35  federal or other funds made available to the state for the 
 23.36  purposes of sections 216C.05 to 216C.30. 
 24.1      Sec. 36.  Minnesota Statutes 2002, section 242.39, 
 24.2   subdivision 3, is amended to read: 
 24.3      Subd. 3.  [COOPERATION; TYPES OF PROGRAMS.] The 
 24.4   commissioner of corrections shall work with the commissioner of 
 24.5   natural resources, the commissioner of economic security public 
 24.6   safety, local government and nonprofit agencies, educational 
 24.7   institutions, and the courts to design and develop suitable 
 24.8   juvenile restitution grant programs.  Programs must provide 
 24.9   services to communities, including but not necessarily limited 
 24.10  to, park maintenance, recycling, and other related work.  
 24.11  Eligible juveniles may earn monetary restitution on behalf of a 
 24.12  victim or perform a service for the victim.  Work performed by 
 24.13  eligible juveniles must not result in the displacement of 
 24.14  currently employed full- or part-time workers or workers on 
 24.15  seasonal layoff or layoff from a substantially equivalent 
 24.16  position, including partial displacement such as reduction in 
 24.17  hours of nonovertime work, wages, or other employment benefits.  
 24.18  Any monetary restitution earned by an eligible juvenile must 
 24.19  either be forwarded to the victim or held in an account for the 
 24.20  benefit of the victim. 
 24.21     Sec. 37.  Minnesota Statutes 2002, section 246.56, 
 24.22  subdivision 1, is amended to read: 
 24.23     Subdivision 1.  [THERAPEUTIC WORK ACTIVITIES.] The 
 24.24  commissioner of human services is hereby authorized to 
 24.25  establish, subject to the approval of the commissioner of 
 24.26  economic security, work activity programs for the purpose of 
 24.27  providing therapeutic work activities for regional treatment 
 24.28  center patients with mental illness and regional treatment 
 24.29  center residents with mental retardation.  Work activity 
 24.30  programs may be established for the provision of services and 
 24.31  for the manufacture, processing and repairing of goods, wares, 
 24.32  and merchandise.  Work activity programs may be located on the 
 24.33  grounds of the regional treatment center or at work sites in the 
 24.34  community.  In establishing services the commissioner shall 
 24.35  cooperate with existing agencies to avoid duplication of 
 24.36  available services to the extent feasible. 
 25.1      Sec. 38.  Minnesota Statutes 2003 Supplement, section 
 25.2   248.07, subdivision 8, is amended to read: 
 25.3      Subd. 8.  [USE OF REVOLVING FUND, LICENSES FOR OPERATION OF 
 25.4   VENDING MACHINES.] The revolving fund created by Laws 1947, 
 25.5   chapter 535, section 5, is continued as provided in this 
 25.6   subdivision and shall be known as the revolving fund for 
 25.7   vocational rehabilitation of the blind.  It shall be used for 
 25.8   the purchase of equipment and supplies for establishing and 
 25.9   operating of vending stands by blind persons.  All income, 
 25.10  receipts, earnings, and federal grants due to the operation 
 25.11  thereof shall also be paid into the fund.  All interest earned 
 25.12  on money accrued in the fund must be credited to the fund by the 
 25.13  commissioner of finance.  All equipment, supplies, and expenses 
 25.14  for setting up these stands shall be paid for from the fund.  
 25.15  Authority is hereby given to the commissioner to use the money 
 25.16  available in the revolving fund that originated as operational 
 25.17  charges to individuals licensed under this subdivision for the 
 25.18  establishment, operation, and supervision of vending stands by 
 25.19  blind persons for the following purposes:  (1) purchase, upkeep 
 25.20  and replacement of equipment; (2) expenses incidental to the 
 25.21  setting up of new stands and improvement of old stands; (3) 
 25.22  reimbursement under section 15.059 to individual blind vending 
 25.23  operators for reasonable expenses incurred in attending 
 25.24  supervisory meetings as called by the commissioner and other 
 25.25  expenditures for management services consistent with federal 
 25.26  law; and (4) purchase of fringe benefits for blind vending 
 25.27  operators and their employees such as group health insurance, 
 25.28  retirement program, vacation or sick leave assistance provided 
 25.29  that the purchase of any fringe benefit is approved by a 
 25.30  majority vote of blind vending operators licensed pursuant to 
 25.31  this subdivision after the commissioner provides to each blind 
 25.32  vending operator information on all matters relevant to the 
 25.33  fringe benefits.  "Majority vote" means a majority of blind 
 25.34  vending operators voting.  Fringe benefits shall be paid only 
 25.35  from assessments of operators for specific benefits, gifts to 
 25.36  the fund for fringe benefit purposes, and vending income which 
 26.1   is not assignable to an individual stand. 
 26.2      Money originally deposited as merchandise and supplies 
 26.3   repayments by individuals licensed under this subdivision may be 
 26.4   expended for initial and replacement stocks of supplies and 
 26.5   merchandise.  Money originally deposited from vending income on 
 26.6   federal property must be spent consistent with federal law. 
 26.7      All other deposits may be used for the purchase of general 
 26.8   liability insurance or any other expense related to the 
 26.9   operation and supervision of vending stands. 
 26.10     The commissioner shall issue each license for the operation 
 26.11  of a vending stand or vending machine for an indefinite period 
 26.12  but may terminate any license in the manner provided.  In 
 26.13  granting licenses for new or vacated stands preference on the 
 26.14  basis of seniority of experience in operating stands under the 
 26.15  control of the commissioner shall be given to capable operators 
 26.16  who are deemed competent to handle the enterprise under 
 26.17  consideration.  Application of this preference shall not 
 26.18  prohibit the commissioner from selecting an operator from the 
 26.19  community in which the stand is located.  
 26.20     Sec. 39.  Minnesota Statutes 2003 Supplement, section 
 26.21  256.482, subdivision 1, is amended to read: 
 26.22     Subdivision 1.  [ESTABLISHMENT; MEMBERS.] There is hereby 
 26.23  established the Council on Disability which shall consist of 21 
 26.24  members appointed by the governor.  Members shall be appointed 
 26.25  from the general public and from organizations which provide 
 26.26  services for persons who have a disability.  A majority of 
 26.27  council members shall be persons with a disability or parents or 
 26.28  guardians of persons with a disability.  There shall be at least 
 26.29  one member of the council appointed from each of the state 
 26.30  development regions.  The commissioners of the Departments of 
 26.31  Education, Human Services, Health, Economic Security, and Human 
 26.32  Rights and the directors of the Division of Rehabilitation 
 26.33  Services and State Services for the Blind in the Department of 
 26.34  Employment and Economic Development or their designees shall 
 26.35  serve as ex officio members of the council without vote.  In 
 26.36  addition, the council may appoint ex officio members from other 
 27.1   bureaus, divisions, or sections of state departments which are 
 27.2   directly concerned with the provision of services to persons 
 27.3   with a disability.  
 27.4      Notwithstanding the provisions of section 15.059, each 
 27.5   member of the council appointed by the governor shall serve a 
 27.6   three-year term and until a successor is appointed and 
 27.7   qualified.  The compensation and removal of all members shall be 
 27.8   as provided in section 15.059.  The governor shall appoint a 
 27.9   chair of the council from among the members appointed from the 
 27.10  general public or who are persons with a disability or their 
 27.11  parents or guardians.  Vacancies shall be filled by the 
 27.12  authority for the remainder of the unexpired term.  
 27.13     Sec. 40.  Minnesota Statutes 2003 Supplement, section 
 27.14  256C.233, subdivision 1, is amended to read: 
 27.15     Subdivision 1.  [DEAF AND HARD-OF-HEARING DIVISION.] The 
 27.16  commissioners of human services, education, employment and 
 27.17  economic security development, and health shall create a 
 27.18  distinct and separate organizational unit to be known as the 
 27.19  Deaf and Hard-of-Hearing Services Division to address the 
 27.20  developmental, social, educational, and occupational needs of 
 27.21  deaf, deaf-blind, and hard-of-hearing persons through a 
 27.22  statewide network of collaborative services and by coordinating 
 27.23  the promulgation of public policies, regulations, legislation, 
 27.24  and programs affecting deaf, deaf-blind, and hard-of-hearing 
 27.25  persons.  An interdepartmental management team shall supervise 
 27.26  advise the activities of the Deaf and Hard-of-Hearing Services 
 27.27  Division.  The commissioner of human services shall coordinate 
 27.28  the work of the interagency management team and receive 
 27.29  legislative appropriations for the division. 
 27.30     Sec. 41.  Minnesota Statutes 2002, section 256J.08, 
 27.31  subdivision 52, is amended to read: 
 27.32     Subd. 52.  [LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM OR 
 27.33  LIHEAP.] "Low-income home energy assistance program" or "LIHEAP" 
 27.34  means the program authorized under United States Code, title 42, 
 27.35  chapter 94, subchapter II, sections 8621 to 8629, and 
 27.36  administered by the Minnesota Department of Economic 
 28.1   Security Commerce. 
 28.2      Sec. 42.  Minnesota Statutes 2002, section 268.001, is 
 28.3   amended to read: 
 28.4      268.001 [CITATION; ECONOMIC SECURITY UNEMPLOYMENT INSURANCE 
 28.5   LAW.] 
 28.6      This chapter shall be known and may be cited as the 
 28.7   "Minnesota Economic Security Unemployment Insurance Law." 
 28.8      Sec. 43.  Minnesota Statutes 2002, section 268.0111, 
 28.9   subdivision 4, is amended to read: 
 28.10     Subd. 4.  [EMPLOYMENT AND TRAINING SERVICES.] "Employment 
 28.11  and training services" means programs, activities, and services 
 28.12  related to job training, job placement, and job creation 
 28.13  including job service programs, Job Training 
 28.14  Partnership Workforce Investment Act programs, wage subsidies, 
 28.15  job search, counseling, case management, community work 
 28.16  experience programs, displaced homemaker programs, disadvantaged 
 28.17  job training programs, grant diversion, youth employment 
 28.18  programs, conservation corps, apprenticeship programs, community 
 28.19  development corporations, economic development programs, 
 28.20  workforce development services to employers, and opportunities 
 28.21  industrialization centers. 
 28.22     Sec. 44.  Minnesota Statutes 2002, section 268.0122, 
 28.23  subdivision 1, is amended to read: 
 28.24     Subdivision 1.  [STATE AGENCY.] The commissioner of 
 28.25  employment and economic security development is designated the 
 28.26  "state agency" as defined by United States Code, title 29, 
 28.27  section 49c, the Wagner-Peyser Act, as amended through December 
 28.28  31, 1984.  
 28.29     Sec. 45.  Minnesota Statutes 2003 Supplement, section 
 28.30  268.014, is amended to read: 
 28.31     268.014 [COOPERATION WITH OTHER STATE AGENCIES.] 
 28.32     To effectively coordinate job training and placement 
 28.33  services with future job needs of the state the commissioner 
 28.34  shall maintain close liaison, coordination and cooperation with 
 28.35  the commissioner of employment and economic development and any 
 28.36  other state agency involved in employment issues affecting the 
 29.1   state. 
 29.2      Sec. 46.  Minnesota Statutes 2003 Supplement, section 
 29.3   268.022, subdivision 1, is amended to read: 
 29.4      Subdivision 1.  [DETERMINATION AND COLLECTION OF SPECIAL 
 29.5   ASSESSMENT.] (a) In addition to all other taxes, assessments, 
 29.6   and payment obligations under chapter 268 amounts due from an 
 29.7   employer under the Minnesota unemployment insurance program, 
 29.8   each employer, except an employer making reimbursements is 
 29.9   liable for a special assessment levied at the rate of one-tenth 
 29.10  of one percent per year until June 30, 2000, and 
 29.11  seven-hundredths of one percent per year on and after July 1, 
 29.12  2000, on all taxable wages, as defined in section 268.035, 
 29.13  subdivision 24.  The assessment shall become due and be paid by 
 29.14  each employer to the department on the same schedule and in the 
 29.15  same manner as other taxes amounts due from an employer under 
 29.16  section 268.051, subdivision 1. 
 29.17     (b) The special assessment levied under this section shall 
 29.18  not affect the computation of any other taxes, assessments, or 
 29.19  payment obligations due under this chapter be subject to the 
 29.20  same requirements and collection procedures as any amounts due 
 29.21  from an employer under the Minnesota unemployment insurance 
 29.22  program. 
 29.23     Sec. 47.  Minnesota Statutes 2002, section 268.29, is 
 29.24  amended to read: 
 29.25     268.29 [JUVENILE JUSTICE PROGRAM.] 
 29.26     The governor shall designate the Department of Economic 
 29.27  Security Public Safety as the sole agency responsible for 
 29.28  supervising the preparation and administration of the state plan 
 29.29  for juvenile justice required by the Juvenile Justice and 
 29.30  Delinquency Prevention Act of 1974, as amended. 
 29.31     The governor shall designate the Juvenile Justice Advisory 
 29.32  Committee as the supervisory board for the Department of 
 29.33  Economic Security Public Safety with respect to preparation and 
 29.34  administration of the state plan and award of grants.  
 29.35     The governor shall appoint members to the Juvenile Justice 
 29.36  Advisory Committee in accordance with the membership 
 30.1   requirements of the Juvenile Justice and Delinquency Prevention 
 30.2   Act of 1974, as amended.  Section 15.059, subdivision 3, governs 
 30.3   the compensation of the members. 
 30.4      Sec. 48.  Minnesota Statutes 2003 Supplement, section 
 30.5   268.363, is amended to read: 
 30.6      268.363 [ADVISORY COMMITTEE.] 
 30.7      A 13-member 12-member advisory committee is established as 
 30.8   provided under section 15.059 to assist the commissioner in 
 30.9   selecting eligible organizations to receive program grants and 
 30.10  evaluating the final reports of each 
 30.11  organization.  Notwithstanding section 15.059, the advisory 
 30.12  committee shall not expire before June 30, 1995.  Members of the 
 30.13  committee may be reimbursed for expenses but may not receive any 
 30.14  other compensation for service on the committee.  The advisory 
 30.15  committee consists of representatives of the commissioners of 
 30.16  education, human services, and employment and economic 
 30.17  security development; a representative of the chancellor of the 
 30.18  Minnesota State Colleges and Universities; a representative of 
 30.19  the commissioner of the Housing Finance Agency; the director of 
 30.20  the Office of Jobs Policy; and seven public members appointed by 
 30.21  the governor.  Each of the following groups must be represented 
 30.22  by a public member experienced in working with targeted youth:  
 30.23  labor organizations, local educators, community groups, 
 30.24  consumers, local housing developers, youth between the ages of 
 30.25  16 and 24 who have a period of homelessness, and other homeless 
 30.26  persons.  At least three of the public members must be from 
 30.27  outside of the metropolitan area as defined in section 473.121, 
 30.28  subdivision 2.  The commissioner may provide staff to the 
 30.29  advisory committee to assist it in carrying out its purpose. 
 30.30     Sec. 49.  Minnesota Statutes 2002, section 268.66, as 
 30.31  amended by Laws 2003, First Special Session chapter 4, section 
 30.32  1, is amended to read: 
 30.33     268.66 [FIRST SOURCE AGREEMENTS.] 
 30.34     Subdivision 1.  [LIST OF VACANCIES.] A business or private 
 30.35  enterprise receiving grants or loans from the state in amounts 
 30.36  over $200,000 a year shall as part of the grant or loan agree to 
 31.1   list any vacant or new positions with the job services of the 
 31.2   commissioner of economic security or the local service 
 31.3   units state workforce centers. 
 31.4      Subd. 2.  [GRANT AND LOAN AGREEMENTS.] The commissioner of 
 31.5   employment and economic development shall incorporate the 
 31.6   provisions of this section into grant and loan agreements and 
 31.7   assist the commissioner of economic security and the local 
 31.8   service units to promote private sector listings with job 
 31.9   services and to evaluate their effect on employers and 
 31.10  individuals who are referred. 
 31.11     Sec. 50.  Minnesota Statutes 2002, section 268.665, as 
 31.12  amended by Laws 2003, chapter 130, section 12, and Laws 2003, 
 31.13  First Special Session chapter 4, section 1, is amended to read: 
 31.14     268.665 [WORKFORCE DEVELOPMENT COUNCIL.] 
 31.15     Subdivision 1.  [CREATION.] The governor's Workforce 
 31.16  Development Council is created under the authority of the Job 
 31.17  Training Partnership Act, United States Code, title 29, section 
 31.18  1501 Workforce Investment Act, United States Code, title 29, 
 31.19  section 2911, et seq.  Local workforce development councils are 
 31.20  authorized under the Job Training Partnership Act, United States 
 31.21  Code, title 29, section 1501 and the one stop career center 
 31.22  system Workforce Investment Act.  The governor's Workforce 
 31.23  Development Council serves as Minnesota's Workforce Investment 
 31.24  Board for the purposes of the federal Workforce Investment Act. 
 31.25     Subd. 2.  [MEMBERSHIP.] The governor's Workforce 
 31.26  Development Council is composed of 33 31 members appointed by 
 31.27  the governor.  The members may be removed pursuant to section 
 31.28  15.059.  In selecting the representatives of the council, the 
 31.29  governor shall ensure that 50 percent of the members come from 
 31.30  nominations provided by local workforce councils.  Local 
 31.31  education representatives shall come from nominations provided 
 31.32  by local education to employment partnerships.  The 33 31 
 31.33  members shall represent the following sectors:  
 31.34     (a) State agencies:  the following individuals shall serve 
 31.35  on the council:  
 31.36     (1) commissioner of the Minnesota Department of Employment 
 32.1   and Economic Security Development; 
 32.2      (2) commissioner of the Minnesota Department of 
 32.3   Education; and 
 32.4      (3) commissioner of the Minnesota Department of Human 
 32.5   Services; and 
 32.6      (4) commissioner of the Minnesota Department of Employment 
 32.7   and Economic Development. 
 32.8      (b) Business and industry:  six individuals shall represent 
 32.9   the business and industry sectors of Minnesota. 
 32.10     (c) Organized labor:  six individuals shall represent labor 
 32.11  organizations of Minnesota. 
 32.12     (d) Community-based organizations:  four individuals shall 
 32.13  represent community-based organizations of Minnesota.  
 32.14  Community-based organizations are defined by the Job Training 
 32.15  Partnership Workforce Investment Act as private nonprofit 
 32.16  organizations that are representative of communities or 
 32.17  significant segments of communities and that provide job 
 32.18  training services, agencies serving youth, agencies serving 
 32.19  individuals with disabilities, agencies serving displaced 
 32.20  homemakers, union-related organizations, and employer-related 
 32.21  nonprofit organizations and organizations serving nonreservation 
 32.22  Indians and tribal governments have demonstrated expertise and 
 32.23  effectiveness in the field of workforce investment. 
 32.24     (e) Education:  six individuals shall represent the 
 32.25  education sector of Minnesota as follows:  
 32.26     (1) one individual shall represent local public secondary 
 32.27  education; 
 32.28     (2) one individual shall have expertise in design and 
 32.29  implementation of school-based service-learning; 
 32.30     (3) one individual shall represent postsecondary 
 32.31  education leadership of the University of Minnesota; 
 32.32     (4) one individual shall represent secondary/postsecondary 
 32.33  vocational institutions; 
 32.34     (5) the chancellor of the Board of Trustees of the 
 32.35  Minnesota State Colleges and Universities; and 
 32.36     (6) one individual shall have expertise in agricultural 
 33.1   education. 
 33.2      (f) Other:  two individuals shall represent other 
 33.3   constituencies including: 
 33.4      (1) units of local government; and 
 33.5      (2) applicable state or local programs. 
 33.6      The speaker and the minority leader of the house of 
 33.7   representatives shall each appoint a representative to serve as 
 33.8   an ex officio member of the council.  The majority and minority 
 33.9   leaders of the senate shall each appoint a senator to serve as 
 33.10  an ex officio member of the council.  After January 1, 1997, the 
 33.11  Minnesota director of the Corporation for National Service shall 
 33.12  also serve as an ex officio member.  
 33.13     (g) Appointment:  each member shall be appointed for a term 
 33.14  of three years from the first day of January or July immediately 
 33.15  following their appointment.  Elected officials shall forfeit 
 33.16  their appointment if they cease to serve in elected office.  
 33.17     (h) Members of the council are compensated as provided in 
 33.18  section 15.059, subdivision 3. 
 33.19     Subd. 3.  [PURPOSE; DUTIES.] The governor's Workforce 
 33.20  Development Council shall replace the governor's Job Training 
 33.21  Council and assume all of its requirements, duties, and 
 33.22  responsibilities, under the Job Training Partnership Act, United 
 33.23  States Code, title 29, section 1501, et seq Workforce Investment 
 33.24  Act.  Additionally, the Workforce Development Council shall 
 33.25  assume the following duties and responsibilities:  
 33.26     (a) Coordinate the development, implementation, and 
 33.27  evaluation of the statewide education and employment transitions 
 33.28  system under section 124D.46.  Beginning January 1, 1997, the 
 33.29  council shall also coordinate the development, implementation, 
 33.30  and evaluation of the Minnesota youth services programs under 
 33.31  sections 124D.39 to 124D.44, and the National and Community 
 33.32  Services Act of 1993, United States Code, title 42, section 
 33.33  12501, et seq.  
 33.34     (b) Review the provision of services and the use of funds 
 33.35  and resources under applicable federal human resource programs 
 33.36  and advise the governor on methods of coordinating the provision 
 34.1   of services and the use of funds and resources consistent with 
 34.2   the laws and regulations governing the programs.  For purposes 
 34.3   of this section, applicable federal and state human resource 
 34.4   programs mean the: 
 34.5      (1) Job Training Partnership Act, United States Code, title 
 34.6   29, section 1501 Workforce Investment Act, United States Code, 
 34.7   title 29, section 2911, et seq.; 
 34.8      (2) Carl D. Perkins Vocational and Applied Technology 
 34.9   Education Act, United States Code, title 20, section 2301, et 
 34.10  seq.; 
 34.11     (3) National and Community Service Act of 1993, United 
 34.12  States Code, title 42, section 12501, et seq.; 
 34.13     (4) Adult Education Act, United States Code, title 20, 
 34.14  section 1201, et seq.; 
 34.15     (5) (4) Wagner-Peyser Act, United States Code, title 29, 
 34.16  section 49; 
 34.17     (6) Social Security Act, title IV, part F, (JOBS), United 
 34.18  States Code, title 42, section 681, et seq. (5) Personal 
 34.19  Responsibility and Work Opportunities Act of 1996 (TANF); 
 34.20     (7) (6) Food Stamp Act of 1977, United States Code, title 
 34.21  7, section 6(d)(4), Food Stamp Employment and Training Program, 
 34.22  United States Code, title 7, section 2015(d)(4); and 
 34.23     (8) (7) programs defined in section 268.0111, subdivision 5 
 34.24  ; and 
 34.25     (9) School to Work Opportunity Act of 1994, Public Law 
 34.26  103-239.  
 34.27     Additional federal and state programs and resources can be 
 34.28  included within the scope of the council's duties if recommended 
 34.29  by the governor after consultation with the council. 
 34.30     (c) (b) Review federal, state, and local education, 
 34.31  postsecondary, job skills training, and youth employment 
 34.32  programs, and make recommendations to the governor and the 
 34.33  legislature for establishing an integrated seamless system for 
 34.34  providing education, service-learning, and work skills 
 34.35  development services to learners and workers of all ages. 
 34.36     (d) (c) Advise the governor on the development and 
 35.1   implementation of statewide and local performance standards and 
 35.2   measures relating to applicable federal human resource programs 
 35.3   and the coordination of performance standards and measures among 
 35.4   programs.  
 35.5      (e) Develop program guidelines and recommend grant approval 
 35.6   procedures to the Department of Education for grants to local 
 35.7   education and employment transition partnerships, including 
 35.8   implementation grants under section 124D.46, grants for youth 
 35.9   apprenticeship programs under section 124D.47, and youth 
 35.10  employer grants; and 
 35.11     (1) coordinate implementation of the education and 
 35.12  employment transitions system under section 124D.46; 
 35.13     (2) (d) promote education and employment transitions 
 35.14  programs and knowledge and skills of entrepreneurship among 
 35.15  employers, workers, youth, and educators, and encourage 
 35.16  employers to provide meaningful work-based learning 
 35.17  opportunities; 
 35.18     (3) (e) evaluate and identify exemplary education and 
 35.19  employment transitions programs and provide technical assistance 
 35.20  to local partnerships to replicate the programs throughout the 
 35.21  state; 
 35.22     (4) establish a performance-based quality assurance system 
 35.23  for consistent statewide evaluation of the performance of the 
 35.24  education and employment transitions system at both the state 
 35.25  and local level; 
 35.26     (5) conduct an annual review of each local education and 
 35.27  employment transitions partnership to ensure it adequately meets 
 35.28  the quality assurance standards established as part of the state 
 35.29  quality assurance system; 
 35.30     (6) develop the methods to assess local partnership 
 35.31  effectiveness; 
 35.32     (7) annually publish a report on the findings of the 
 35.33  evaluations of each local education transitions partnership; 
 35.34     (8) promote knowledge and skills of entrepreneurship among 
 35.35  students in kindergarten through grade 12 by sharing information 
 35.36  about the ways new business development contributes to a strong 
 36.1   economy. 
 36.2      (f) Advise the governor on methods to evaluate applicable 
 36.3   federal human resource programs.  
 36.4      (g) Sponsor appropriate studies to identify human 
 36.5   investment needs in Minnesota and recommend to the governor 
 36.6   goals and methods for meeting those needs.  
 36.7      (h) Recommend to the governor goals and methods for the 
 36.8   development and coordination of a human resource system in 
 36.9   Minnesota.  
 36.10     (i) Examine federal and state laws, rules, and regulations 
 36.11  to assess whether they present barriers to achieving the 
 36.12  development of a coordinated human resource system. 
 36.13     (j) Recommend to the governor and to the federal government 
 36.14  changes in state or federal laws, rules, or regulations 
 36.15  concerning employment and training programs that present 
 36.16  barriers to achieving the development of a coordinated human 
 36.17  resource system. 
 36.18     (k) Recommend to the governor and to the federal government 
 36.19  waivers of laws and regulations to promote coordinated service 
 36.20  delivery. 
 36.21     (l) Sponsor appropriate studies and prepare and recommend 
 36.22  to the governor a strategic plan which details methods for 
 36.23  meeting Minnesota's human investment needs and for developing 
 36.24  and coordinating a state human resource system. 
 36.25     Subd. 3a.  [EXECUTIVE COMMITTEE DUTIES.] The executive 
 36.26  committee must, with advice and input of local workforce 
 36.27  councils and other stakeholders as appropriate, develop 
 36.28  performance standards for the state workforce centers.  By 
 36.29  January 15, 2002, and each odd-numbered year thereafter, the 
 36.30  executive committee shall submit a report to the senate and 
 36.31  house committees with jurisdiction over workforce development 
 36.32  programs regarding the performance and outcomes of the workforce 
 36.33  centers.  The report must provide recommendations regarding 
 36.34  workforce center funding levels and sources, program changes, 
 36.35  and administrative changes.  
 36.36     Subd. 4.  [SUBCOMMITTEES.] The governor's workforce 
 37.1   development council shall appoint an advisory subcommittee the 
 37.2   majority of whose members shall represent business and industry 
 37.3   to advise the council on the establishment of the statewide 
 37.4   education and employment transitions system.  The chair of the 
 37.5   Workforce Development Council may establish subcommittees in 
 37.6   order to carry out the duties and responsibilities of the 
 37.7   council.  
 37.8      Subd. 5.  [STAFFING.] The Department of Employment and 
 37.9   Economic Security Development must provide staff support to the 
 37.10  Minnesota Workforce Development Council.  The Department of 
 37.11  Economic Security and the Department of Education shall jointly 
 37.12  staff the Education and Employment Transitions Subcommittee and 
 37.13  its activity with the full council.  The support includes 
 37.14  professional, technical, and clerical staff necessary to perform 
 37.15  the duties assigned to the Workforce Development Council.  The 
 37.16  council may ask for assistance from other units of state 
 37.17  government as it requires in order to fulfill its duties and 
 37.18  responsibilities.  
 37.19     Subd. 6.  [EXPIRATION.] The council expires immediately if 
 37.20  it is no longer required by federal law as a condition of 
 37.21  receiving federal funding, or if there is no federal funding for 
 37.22  the human resource programs within the scope of the council's 
 37.23  duties. 
 37.24     Sec. 51.  Minnesota Statutes 2002, section 268.976, 
 37.25  subdivision 2, is amended to read: 
 37.26     Subd. 2.  [NOTICE.] (a) The commissioner shall encourage 
 37.27  those business establishments considering a decision to effect a 
 37.28  plant closing, substantial layoff, or relocation of operations 
 37.29  located in this state to give notice of that decision as early 
 37.30  as possible to the commissioner, the employees of the affected 
 37.31  establishment, any employee organization representing the 
 37.32  employees, and the local government unit in which the affected 
 37.33  establishment is located.  This notice shall be in addition to 
 37.34  any notice required under the Worker Adjustment and Retraining 
 37.35  Notification Act, United States Code, title 29, section 2101. 
 37.36     (b) Notwithstanding section 268.975, subdivision 6, For 
 38.1   purposes of this section, "plant closing" means the announced or 
 38.2   actual permanent or temporary shutdown of a single site of 
 38.3   employment, or one or more facilities or operating units within 
 38.4   a single site of employment, if the shutdown results in an 
 38.5   employment loss at the single site of employment during any 
 38.6   30-day period for 50 or more employees excluding employees who 
 38.7   work less than 20 hours per week. 
 38.8      Sec. 52.  Minnesota Statutes 2002, section 268A.01, 
 38.9   subdivision 5, is amended to read: 
 38.10     Subd. 5.  [PERSON WITH A DISABILITY.] "Person with a 
 38.11  disability" means a person who because of a substantial 
 38.12  physical, mental, or emotional disability requires special 
 38.13  services in order to enjoy the benefits of society an 
 38.14  "individual with a disability" as defined in the federal 
 38.15  Rehabilitation Act of 1973, as amended. 
 38.16     Sec. 53.  Minnesota Statutes 2002, section 268A.01, 
 38.17  subdivision 13, is amended to read: 
 38.18     Subd. 13.  [SUPPORTED EMPLOYMENT.] "Supported 
 38.19  employment" means employment of a person with a disability so 
 38.20  severe that the person needs ongoing training and support to get 
 38.21  and keep a job in which: 
 38.22     (1) the person engages in paid work in a position removed 
 38.23  from the service vendor's site where individuals without 
 38.24  disabilities who do not require public subsidies also may be 
 38.25  employed; 
 38.26     (2) public funds are necessary to provide ongoing training 
 38.27  and support services throughout the period of the person's 
 38.28  employment; and 
 38.29     (3) the person has the opportunity for social interaction 
 38.30  with individuals who do not have disabilities and who are not 
 38.31  paid caregivers is defined by the federal Rehabilitation Act of 
 38.32  1973, as amended.  For the extended employment program, 
 38.33  supported employment must also be paid work in a position 
 38.34  removed from the service vendor's site where individuals without 
 38.35  disabilities who do not require public subsidies may also be 
 38.36  employed. 
 39.1      Sec. 54.  [268A.085] [REHABILITATION FACILITY BOARDS.] 
 39.2      Subdivision 1.  [APPOINTMENT; MEMBERSHIP.] Every city, 
 39.3   town, county, nonprofit corporation, or combination thereof 
 39.4   establishing a rehabilitation facility shall appoint a 
 39.5   rehabilitation facility board of no fewer than nine members 
 39.6   before becoming eligible for the assistance provided by sections 
 39.7   268A.06 to 268A.15.  When any city, town, or county singly 
 39.8   establishes such a rehabilitation facility, the board shall be 
 39.9   appointed by the chief executive officer of the city or the 
 39.10  chair of the governing board of the county or town.  When any 
 39.11  combination of cities, towns, counties, or nonprofit 
 39.12  corporations establishes a rehabilitation facility, the chief 
 39.13  executive officers of the cities, nonprofit corporations, and 
 39.14  the chairs of the governing bodies of the counties or towns 
 39.15  shall appoint the board.  If a nonprofit corporation singly 
 39.16  establishes a rehabilitation facility, the corporation shall 
 39.17  appoint the board of directors.  Membership on a board shall be 
 39.18  representative of the community served and shall include a 
 39.19  person with a disability.  One-third to one-half of the board 
 39.20  shall be representative of industry or business.  The remaining 
 39.21  members should be representative of lay associations for persons 
 39.22  with a disability, labor, the general public, and education, 
 39.23  welfare, medical, and health professions.  Nothing in sections 
 39.24  268A.06 to 268A.15 shall be construed to preclude the 
 39.25  appointment of elected or appointed public officials or members 
 39.26  of the board of directors of the sponsoring nonprofit 
 39.27  corporation to the board, so long as the representation 
 39.28  described above is preserved.  If a county establishes an 
 39.29  extended employment program and manages the program with county 
 39.30  employees, the governing board shall be the county board of 
 39.31  commissioners, and other provisions of this chapter pertaining 
 39.32  to membership on the governing board do not apply. 
 39.33     Subd. 2.  [DUTIES.] Subject to the provisions of sections 
 39.34  268A.06 to 268A.15 and the rules of the department, each 
 39.35  rehabilitation facility board shall: 
 39.36     (1) review and evaluate the need for extended employment 
 40.1   programs offered by the rehabilitation facility provided under 
 40.2   sections 268A.06 to 268A.15; 
 40.3      (2) recruit and promote local financial support for 
 40.4   extended employment programs from private sources including:  
 40.5   the United Way; business, industrial, and private foundations; 
 40.6   voluntary agencies; and other lawful sources, and promote public 
 40.7   support for municipal and county appropriations; 
 40.8      (3) promote, arrange, and implement working agreements with 
 40.9   other educational and social service agencies, both public and 
 40.10  private, and any other allied agencies; and 
 40.11     (4) when an extended employment program offered by the 
 40.12  rehabilitation facility is certified, act as the administrator 
 40.13  of the rehabilitation facility and its programs for purposes of 
 40.14  this chapter. 
 40.15     Sec. 55.  Laws 2003, chapter 128, article 10, section 2, 
 40.16  subdivision 1, is amended to read: 
 40.17  Subdivision 1.  Total 
 40.18  Appropriation                     $   67,659,000 $   64,429,000
 40.19                Summary by Fund
 40.20  General              57,219,000    54,819,000
 40.21  Petroleum Tank
 40.22  Cleanup                 750,000       -0-    
 40.23  Environmental Fund      700,000       700,000
 40.24  Workforce Development
 40.25  Fund                  8,750,000     8,670,000
 40.26  Special Revenue         240,000       240,000
 40.27  The amounts that may be spent from this 
 40.28  appropriation for each program are 
 40.29  specified in the following 
 40.30  subdivisions.  During the second year 
 40.31  no more than $22 per square foot may be 
 40.32  spent from this appropriation on the 
 40.33  monthly rent for any leased office 
 40.34  space. 
 40.35     Sec. 56.  Laws 2003, chapter 128, article 10, section 2, 
 40.36  subdivision 3, is amended to read: 
 40.37  Subd. 3.  Minnesota Trade   
 40.38  Office                                 2,187,000      2,187,000 
 40.39  Of this amount, $127,000 the first year 
 40.40  is for a onetime transfer to the 
 40.41  department of agriculture for the 
 40.42  purposes of agricultural trade 
 40.43  promotion.  During the second year no 
 40.44  more than $16,667 per month, and 
 41.1   $200,000 for the year, may be spent on 
 41.2   leased office space for the Minnesota 
 41.3   Trade Office. 
 41.4      Sec. 57.  [REVISOR INSTRUCTION.] 
 41.5      (a) The revisor of statutes shall substitute "employment 
 41.6   and economic development" for "economic security" when the 
 41.7   reference refers to the department or commissioner in Minnesota 
 41.8   Statutes, sections 3C.12; 4.045; 10A.01; 13.32; 13.43; 13.46; 
 41.9   13.47; 13.475; 13.791; 14.03; 14.3691; 15.39; 16B.181; 16B.54; 
 41.10  16C.10; 16C.15; 116C.772; 116L.04; 119A.04; 119A.15; 119B.011; 
 41.11  124D.375; 124D.49; 124D.52; 125A.023; 125A.28; 125A.59; 
 41.12  144.0525; 145.9266; 176.011; 176.102; 176.181; 176.186; 176.291; 
 41.13  176.361; 245.4705; 245.696; 245.697; 245.771; 248.07; 252.33; 
 41.14  252.431; 256.482; 256.998; 256C.26; 256C.28; 256D.02; 256D.051; 
 41.15  256J.49; 256J.51; 256J.61; 256J.645; 256J.751; 268.035, 
 41.16  subdivisions 8a and 12a; 268.86; 268A.01; 268A.02; 268A.07; 
 41.17  268A.11; 268A.13; 268A.14; 268A.15; 270A.09; 290.92; 363A.06; 
 41.18  363A.20; 375.552; 469.301; 474A.045; 480A.06; 480A.09; 517.08; 
 41.19  518.551; 518.5513; 523.24; and 611A.202. 
 41.20     (b) The revisor of statutes shall substitute "unemployment 
 41.21  insurance" for "reemployment insurance" in Minnesota Statutes, 
 41.22  section 356.50. 
 41.23     (c) The revisor of statutes shall substitute "unemployment 
 41.24  insurance" for "unemployment compensation" in Minnesota 
 41.25  Statutes, sections 116J.993; 256B.0952; 256B.421; 256D.051; and 
 41.26  299C.69. 
 41.27     (d) The revisor of statutes shall substitute "unemployment 
 41.28  insurance program" for "unemployment insurance program and job 
 41.29  service" in Minnesota Statutes, chapter 268. 
 41.30     (e) The revisor of statutes shall substitute "knowingly" 
 41.31  for "intentionally" in Minnesota Statutes, chapter 268. 
 41.32     (f) The revisor of statutes shall substitute 
 41.33  "rehabilitation services" for "Division of Rehabilitation 
 41.34  Services" when referring to the Department of Employment and 
 41.35  Economic Development operating unit in Minnesota Statutes, 
 41.36  sections 176.102, subdivision 10; 268A.03; 268A.11; and 268A.15. 
 41.37     (g) The revisor of statutes shall substitute "employment 
 42.1   and economic development" for "trade and economic development" 
 42.2   when referring to the department or commissioner of employment 
 42.3   and economic development in Minnesota Statutes, sections 
 42.4   469.005; 473.351; and 473.608. 
 42.5      (h) The revisor of statutes shall change the title of 
 42.6   Minnesota Statutes, chapter 116L, to "Workforce Development." 
 42.7      (i) The revisor of statutes shall renumber each section of 
 42.8   Minnesota Statutes specified in column A with the number set 
 42.9   forth in column B.  The revisor shall also make necessary 
 42.10  cross-reference changes consistent with the renumbering. 
 42.11      Column A                         Column B
 42.12      268.0111, subds. 4 to 9          116L.19, subds. 4 to 9
 42.13      268.0121, subd. 3                116J.01, subd. 6
 42.14      268.0121, subd. 4                116J.035, subd. 4
 42.15      268.0121, subd. 5                116J.035, subd. 5
 42.16      268.0122, subd. 1                116J.401, subd. 2
 42.17      268.0122, subd. 4                116J.035, subd. 4
 42.18      268.0122, subd. 7                116J.401, subd. 3
 42.19      268.0124                         116J.0124
 42.20      268.0125                         116J.0125
 42.21      268.014                          116J.014
 42.22      268.022                          116L.20
 42.23      268.29                           299A.72
 42.24      268.30                           116L.30
 42.25      268.361                          116L.361
 42.26      268.362                          116L.362
 42.27      268.3625                         116L.3625
 42.28      268.363                          116L.363
 42.29      268.364                          116L.364
 42.30      268.365                          116L.365
 42.31      268.366                          116L.366
 42.32      268.56                           116L.56
 42.33      268.561                          116L.561
 42.34      268.60                           116L.60
 42.35      268.61                           116L.61
 42.36      268.62                           116L.62
 43.1       268.63                           116L.63
 43.2       268.64                           116L.64
 43.3       268.66                           116L.66
 43.4       268.665                          116L.665
 43.5       268.666                          116L.666
 43.6       268.86                           116L.86
 43.7       268.871                          116L.871
 43.8       268.872                          116L.872
 43.9       268.88                           116L.88
 43.10      268.881                          116L.881
 43.11      268.9165                         119A.545
 43.12      268.96                           116L.96
 43.13      268.976                          116L.976
 43.14     Sec. 58.  [REPEALER.] 
 43.15     Subdivision 1.  [MINNESOTA STATUTES.] Minnesota Statutes 
 43.16  2002, sections 116J.036; 116J.414; 116L.04, subdivision 4; 
 43.17  268.0111, subdivisions 1, 2, 3a, and 4a; 268.0121, subdivisions 
 43.18  1 and 2; 268.0122, subdivisions 2, 5, and 6; 268.027; 268.028; 
 43.19  268.029; 268.26, subdivisions 2 and 3; 268.361, subdivision 3; 
 43.20  268.3661; 268.551; 268.552; 268.56, subdivision 2; 268.561, 
 43.21  subdivision 10; 268.61, subdivision 2; 268.65, subdivisions 1, 
 43.22  3, 4, and 5; 268.666, subdivision 5; 268.89; 268.918; and 
 43.23  268.95, are repealed.  Minnesota Statutes 2003 Supplement, 
 43.24  sections 268.0122, subdivision 3; 268.26, subdivision 1; 268.65, 
 43.25  subdivision 2; 268.95, subdivision 4; and 268.976, subdivision 
 43.26  1, are repealed. 
 43.27     Subd. 2.  [LAWS.] Laws 2001, chapter 175, section 49, is 
 43.28  repealed. 
 43.29     Subd. 3.  [MINNESOTA RULES.] Minnesota Rules, parts 
 43.30  3300.0050; 3301.0180; 3301.0190; 3301.0200; 3301.0210; 
 43.31  3301.0220; 3301.0230; 3310.2903; 3310.2904; 3310.2905, subpart 
 43.32  1; 3310.2906; 3310.2907; 3310.2909; 3310.2918; 3315.0100; 
 43.33  3315.0202; 3315.0501, subparts 3, 4, and 5; 3315.0510; 
 43.34  3315.0530, subpart 1; 3315.0535; 3315.0545; 3315.0555, subpart 
 43.35  5; 3315.0915; 3315.0920; 3315.1005, subpart 2; 3315.1015; 
 43.36  3315.1301, subparts 3 and 6; 3315.1305; 3315.1310; 3315.1650, 
 44.1   subpart 1; 3315.2410; 3315.2610; 3315.2750; 3315.2810, subparts 
 44.2   1 and 3; 3315.3220, subpart 4; 3320.0010; 3320.0020; 3320.0030; 
 44.3   7380.0200; 7380.0210; 7380.0220; 7380.0230; 7380.0240; 
 44.4   7380.0500; 7380.0510; 7380.0520; 7380.0530; 7380.0540; 
 44.5   7380.0550; 7380.0560; 7380.0570; 7380.0580; 7380.0581; 
 44.6   7380.0582; 7380.0600; 7380.0610; 7380.0620; 7380.0630; 
 44.7   7380.0640; 7380.0650; 7380.0800; 7380.0810; 7380.0820; 
 44.8   7380.0830; and 7380.0840, are repealed. 
 44.9      Sec. 59.  [EFFECTIVE DATE.] 
 44.10     Sections 1 to 58 are effective the day following final 
 44.11  enactment.