1.1 	A bill for an act
1.2 	relating to construction codes; recodifying and modifying construction codes and 
1.3 	licensing provisions; modifying the State Building Code; providing penalties for 
1.4 	enforcement; instructing the revisor to change certain terms; making conforming 
1.5 	changes; amending Minnesota Statutes 2004, sections 16B.61, subdivision 2; 
1.6 	16B.63, subdivision 5; 16B.748; 144.99, subdivision 1; 175.16, subdivision 1; 
1.7 	183.44, subdivision 3; 214.01, subdivision 3; 214.04, subdivision 3; 299F.011, 
1.8 	subdivision 1; 326.241; 326.242, subdivision 9i; 326.243; 326.247; 326.42, 
1.9 	subdivision 1; 326.57, subdivision 1; 326.60, subdivision 3; 326.87, subdivision 
1.10 	1; 326.91, subdivision 1; 326.93; 327.20, subdivision 1; 327.35, subdivision 1; 
1.11 	327B.05, subdivision 1; Minnesota Statutes 2005 Supplement, sections 16B.04, 
1.12 	subdivision 2; 214.04, subdivision 1; proposing coding for new law as Minnesota 
1.13 	Statutes, chapter 326B; repealing Minnesota Statutes 2004, sections 183.52; 
1.14 	183.61, subdivisions 1, 3, 5, 6; 326.01, subdivision 6h; 326.242, subdivisions 9, 
1.15 	9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9j, 9k; 326.244, subdivision 6; 326.246; 326.2461; 
1.16 	326.51; 326.521; 327B.05, subdivisions 2, 3, 4, 5, 6; Minnesota Rules, parts 
1.17 	3800.2650; 3800.3580; 3800.3750; 3800.3835; 4715.5600; 4717.7000, subpart 
1.18 	1, item I.
1.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.20 	ARTICLE 1
1.21 	 REVISOR'S INSTRUCTION

1.22 	Section 1. REVISOR'S INSTRUCTION.
 1.23 	(a) In Minnesota Rules, parts 3800.3500 to 3800.3885, the revisor of statutes shall 
1.24 	change the terms "board" and "Board of Electricity" to "commissioner of labor and 
1.25 	industry."
1.26 	(b) In Minnesota Rules, parts 4715.0150 to 4715.6000, the revisor of statutes shall 
1.27 	change the terms "commissioner" and "commissioner of health" to the term "commissioner 
1.28 	of labor and industry"; and shall change the terms "department" and "Department of 
1.29 	Health" to "Department of Labor and Industry."
2.1 	(c) In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315, 
2.2 	1346, 1350, 1360, and 7672, the revisor of statutes shall:
2.3 	(1) change the term "commissioner of administration" to "commissioner of labor 
2.4 	and industry";
2.5 	(2) change the term "Department of Administration" to "Department of Labor and 
2.6 	Industry";
2.7 	(3) change the term "Department of Administration's Building Codes and Standards 
2.8 	Division" to "Department of Labor and Industry"; and
2.9 	(4) change the term "director of the Building Codes and Standards Division of the 
2.10 	Department of Administration" to "individual appointed by the commissioner of labor and 
2.11 	industry to administer the code."
2.12 	(d) In Minnesota Statutes, sections 326.01, subdivisions 2, 3, 4, 5, 6, 6a, 6b, 6c, and 
2.13 	6k; 326.242; 326.244; 326.2441; and 326.245, the revisor of statutes shall change the 
2.14 	terms "board," "Board of Electricity," and "State Board of Electricity" to "commissioner 
2.15 	of labor and industry."
2.16 	(e) In Minnesota Statutes, sections 326.37 to 326.45 and 326.57 to 326.65, the 
2.17 	revisor of statutes shall change the terms "commissioner," "commissioner of health," and 
2.18 	"state commissioner of health" to "commissioner of labor and industry," and shall change 
2.19 	the terms "department," "Department of Health," and "State Department of Health" to 
2.20 	"Department of Labor and Industry."
2.21 	(f) In Minnesota Statutes, sections 16B.59 to 16B.76, 326.992, 327.31 to 327.36, 
2.22 	and 327B.01 to 327B.12, the revisor of statutes shall change the terms "commissioner" 
2.23 	and "commissioner of administration" to "commissioner of labor and industry," and shall 
2.24 	change the terms "department" and "Department of Administration" to "Department 
2.25 	of Labor and Industry."
2.26 	(g) In Minnesota Statutes, sections 326.83 to 326.86 and 326.875 to 326.991, 
2.27 	the revisor of statutes shall change the terms "commissioner" and "commissioner 
2.28 	of commerce" to "commissioner of labor and industry," and shall change the terms 
2.29 	"department" and "Department of Commerce" to "Department of Labor and Industry."
2.30 	(h) In Minnesota Rules, part 3800.3840, the revisor of statutes shall change the term 
2.31 	"technical program committee" to "commissioner of labor and industry or designee."

2.32 	ARTICLE 2
2.33 	CONSTRUCTION CODES AND LICENSING

2.34 	Section 1. Minnesota Statutes 2004, section 299F.011, subdivision 1, is amended to 
2.35 	read:
3.1 		Subdivision 1.Uniform Fire Code rulemaking authority. The commissioner of 
3.2 	public safety through the Division of Fire Marshal may labor and industry, in consultation 
3.3 	with the fire marshal, shall promulgate a Uniform Fire Code and make amendments 
3.4 	thereto in accordance with the Administrative Procedure Act in chapter 14. The code and 
3.5 	its amendments shall conform insofar as practicable to model fire codes generally accepted 
3.6 	and in use throughout the United States, with consideration given to existing statewide 
3.7 	specialty codes presently in use in the state of Minnesota. Statewide specialty codes and 
3.8 	model codes with necessary modifications may be adopted by reference in accordance 
3.9 	with section  14.07, subdivision 4. 

3.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.11 	Sec. 2. [326B.01] DEFINITIONS.
3.12 		Subdivision 1.Scope. The definitions in this section apply to chapter 326B.
3.13 		Subd. 2.ASME. "ASME" means the American Society of Mechanical Engineers.
3.14 		Subd. 3.Commissioner. "Commissioner" means the commissioner of labor 
3.15 	and industry or a duly designated representative of the commissioner who is either an 
3.16 	employee of the Department of Labor and Industry or a person working under contract 
3.17 	with the department.
3.18 		Subd. 4.Department. "Department" means the Department of Labor and Industry.
3.19 		Subd. 5.Day. "Day" means calendar day unless otherwise provided.
3.20 		Subd. 6.Individual. "Individual" means a human being.
3.21 		Subd. 7.Person. "Person" means any individual, limited liability company, 
3.22 	corporation, partnership, incorporated or unincorporated association, sole proprietorship, 
3.23 	joint stock company, or any other legal or commercial entity.

3.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.25 	Sec. 3. [326B.02] POWERS.
3.26 		Subdivision 1.Transfer of responsibilities. The responsibilities of the 
3.27 	commissioner of administration relating to the state building code, sections 16B.59 to 
3.28 	16B.76; construction of low-cost manufactured home park storm shelters, section 327.205; 
3.29 	manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory 
3.30 	warranties in connection with the sale of dwellings and home improvement work, chapter 
3.31 	327A, are transferred under section 15.039 to the commissioner of labor and industry as 
3.32 	amended. The responsibilities of the commissioner of health relating to the state plumbing 
3.33 	code and licensing, sections 16B.61, 144.122, paragraph (f), 144.99 to 144.993, and 326.37 
4.1 	to 326.45, and water conditioning contractors and installers, sections 144.122, paragraph 
4.2 	(f), 144.99 to 144.993, and 326.57 to 326.65, are transferred under section 15.039 to the 
4.3 	commissioner of labor and industry as amended. The responsibilities of the commissioner 
4.4 	of commerce relating to residential contractors, residential remodelers, residential roofers, 
4.5 	manufactured home installers, and the contractor's recovery fund under sections 45.027 to 
4.6 	45.23 and 326.83 to 326.992 are transferred under section 15.039 to the commissioner of 
4.7 	labor and industry as amended. The responsibilities of the Board of Electricity relating 
4.8 	to the state electrical code and licensing, sections 16B.61 and 326.241 to 326.248, are 
4.9 	transferred under section 15.039 to the commissioner of labor and industry as amended.
4.10 		Subd. 2.Definition of responsibilities. For purposes of subdivision 1, 
4.11 	responsibilities include powers, duties, rights, obligations, and other authority imposed by 
4.12 	law on the commissioner and the department.
4.13 		Subd. 3.State fire marshal cooperation. The state fire marshal shall work with the 
4.14 	commissioner to improve the delivery of services to the public through the coordination 
4.15 	of services and utilization of technology.
4.16 		Subd. 4.General rulemaking authority. The commissioner may, under the 
4.17 	rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt, 
4.18 	amend, suspend, and repeal rules relating to the commissioner's responsibilities.

4.19 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.20 	ARTICLE 3
4.21 	ENFORCEMENT

4.22 	Section 1. [326B.081] DEFINITIONS.
4.23 		Subdivision 1.Application. For purposes of sections 326B.081 to 326B.085, the 
4.24 	terms defined in this section have the meanings given them.
4.25 		Subd. 2.Administrative order. "Administrative order" means an order issued 
4.26 	under section 326B.082, subdivision 7.
4.27 		Subd. 3.Applicable law. "Applicable law" means the provisions of sections 
4.28 	45.027 to 45.23, 326.241 to 326.248, 326.37 to 326.521, 326.57 to 326.65, 326.83 to 
4.29 	326.992, 326B.084, 327.205, 327.31 to 327.36, and 327B.01 to 327B.12, and chapters 
4.30 	183 and 327B, and all rules, orders, stipulation agreements, settlements, compliance 
4.31 	agreements, licenses, registrations, certificates, and permits adopted, issued, or enforced 
4.32 	by the department under sections 45.027 to 45.23, 326.241 to 326.248, 326.37 to 326.521, 
4.33 	326.57 to 326.65, 326.83 to 326.992, 326B.084, 327.205, 327.31 to 327.36, or 327B.01 to 
4.34 	327B.12, or chapter 183 or 327B.
5.1 		Subd. 4.Document or documents. "Document" or "documents" includes papers; 
5.2 	books; records; memoranda; data; contracts; drawings; graphs; charts; photographs; 
5.3 	digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails; 
5.4 	invoices; bills; notes; and calendars maintained in any form or manner.
5.5 		Subd. 5.Final. "Final" when used to describe any order issued under section 
5.6 	326B.082 means that:
5.7 	(1) no request for hearing in connection with the order was filed in the manner and 
5.8 	within the time provided by section 326B.082; 
5.9 	(2) all requests for hearing have been withdrawn;
5.10 	(3) a settlement agreement in connection with the order has been signed by all 
5.11 	the parties; or
5.12 	(4) after the filing of a request for hearing, an order has been issued by the 
5.13 	commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been 
5.14 	pursued or forgone.
5.15 		Subd. 6.Licensing order. "Licensing order" means an order issued under section 
5.16 	326B.082, subdivision 12, paragraph (a).
5.17 		Subd. 7.Minimum qualifications. "Minimum qualifications" means the 
5.18 	educational, experience, fee, examination, application, and other eligibility requirements 
5.19 	that an applicant must meet in order to obtain a license, registration, certificate, or 
5.20 	permit under the applicable law. For an applicant that is not an individual, the minimum 
5.21 	qualifications include the requirement that an employee or other individual associated 
5.22 	with the applicant hold a license.
5.23 		Subd. 8.Stop order. "Stop order" means an order issued under section 326B.082, 
5.24 	subdivision 10.

5.25 	Sec. 2. [326B.082] ENFORCEMENT.
5.26 		Subdivision 1.Remedies available. The commissioner may enforce all applicable 
5.27 	law under this section. The commissioner may use any enforcement provision in this 
5.28 	section, including the assessment of penalties, against a person required to hold a license, 
5.29 	registration, certificate, or permit under the applicable law based on conduct that would 
5.30 	provide grounds for action against a licensee, registrant, certificate holder, or permit 
5.31 	holder under the applicable law. The use of an enforcement provision in this section 
5.32 	shall not preclude the use of any other enforcement provision in this section or otherwise 
5.33 	provided by law.
5.34 		Subd. 2.Access to information and property; subpoenas. (a) In order to carry out 
5.35 	the purposes of the applicable law, the commissioner may:
6.1 	(1) administer oaths and affirmations, certify official acts, interview, question, take 
6.2 	oral or written statements, and take depositions;
6.3 	(2) request, examine, take possession of, test, sample, measure, photograph, record, 
6.4 	and copy any documents, apparatus, devices, equipment, or materials;
6.5 	(3) at a time and place indicated by the commissioner, request persons to appear 
6.6 	before the commissioner to give testimony and produce documents, apparatus, devices, 
6.7 	equipment, or materials;
6.8 	(4) issue subpoenas to compel persons to appear before the commissioner to give 
6.9 	testimony and produce documents, apparatus, devices, equipment, or materials; and
6.10 	(5) with or without notice, enter without delay upon any property, public or private, 
6.11 	for the purpose of taking any action authorized under this subdivision or the applicable 
6.12 	law, including obtaining information, taking steps to remedy violations, or conducting 
6.13 	surveys, inspections, or investigations.
6.14 	(b) Persons requested by the commissioner to give testimony or produce documents, 
6.15 	apparatus, devices, equipment, or materials shall respond within the time and in the manner 
6.16 	specified by the commissioner. If no time to respond is specified in the request, then a 
6.17 	response shall be submitted within 30 days of the commissioner's service of the request.
6.18 	(c) Upon the refusal or anticipated refusal of a property owner, lessee, property 
6.19 	owner's representative, or lessee's representative to permit the commissioner's entry 
6.20 	onto the property as provided in paragraph (a), the commissioner may apply for 
6.21 	an administrative inspection order in the Ramsey County District Court or, at the 
6.22 	commissioner's discretion, in the district court in the county in which the property is 
6.23 	located. The commissioner may anticipate that a property owner will refuse entry if 
6.24 	the property owner or the property owner's representative has refused to permit entry 
6.25 	on a prior occasion or has informed the commissioner that entry will be refused. Upon 
6.26 	showing of administrative probable cause by the commissioner, the district court shall 
6.27 	issue an administrative inspection order that compels the property owner to permit the 
6.28 	commissioner to enter the property for the purposes specified in paragraph (a). 
6.29 	(d) Upon the application of the commissioner, a district court shall treat the failure of 
6.30 	any person to obey a subpoena lawfully issued by the commissioner under this subdivision 
6.31 	as a contempt of court.
6.32 		Subd. 3.Service. Unless otherwise specified, service of a document on a person 
6.33 	under this section or section 326B.083 may be by mail, by personal service, or in 
6.34 	accordance with any consent to service filed with the commissioner. Service by mail shall 
6.35 	be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart 
7.1 	2. Personal service shall be accomplished in the manner provided in Minnesota Rules, 
7.2 	part 1400.5550, subpart 3.
7.3 		Subd. 4.Fax transmission. Whenever this section or section 326B.083 permits a 
7.4 	request for reconsideration or request for hearing to be faxed to the commissioner, the 
7.5 	fax cannot exceed 15 pages in length. The request will be considered timely if the fax is 
7.6 	received by the commissioner, at the fax number identified by the commissioner in the 
7.7 	order or notice of violation, no later than 4:30 p.m. on the last day permitted for faxing 
7.8 	the request. Where the quality or authenticity of the request is at issue, the commissioner 
7.9 	may require the original request to be filed. Where the commissioner has not identified 
7.10 	quality or authenticity as an issue and the request has been faxed in accordance with this 
7.11 	subdivision, the person faxing the request does not need to provide the original request to 
7.12 	the commissioner.
7.13 		Subd. 5.Time computation. In computing any period of time prescribed or allowed 
7.14 	by this section, the day of the act, event, or default from which the designated period of 
7.15 	time begins to run shall not be included. The last day of the period so computed shall be 
7.16 	included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs 
7.17 	until the end of the next day which is not a Saturday, Sunday, or legal holiday.
7.18 		Subd. 6.Notices of violation. (a) The commissioner may issue a notice of violation 
7.19 	to any person who has committed a violation of the applicable law. The notice of violation 
7.20 	must state a summary of the facts that constitute the violation and the applicable law 
7.21 	violated. The notice of violation may require the person to correct the violation. If 
7.22 	correction is required, the notice of violation must state the time by which the violation 
7.23 	must be corrected.
7.24 	(b) The commissioner shall issue the notice of violation by:
7.25 	(1) serving the notice of violation on the property owner or on the person who 
7.26 	committed the violation; or
7.27 	(2) posting the notice of violation at the address where the violation occurred.
7.28 	(c) If the person to whom the commissioner has issued the notice of violation 
7.29 	believes that the information contained in the notice is in error, the person may request 
7.30 	that the commissioner reconsider the parts of the notice that are alleged to be in error. The 
7.31 	request for reconsideration must be in writing and must be served on or faxed to the 
7.32 	commissioner at the address or fax number specified in the notice of violation on or before 
7.33 	the tenth day after the commissioner issues the notice of violation. The date on which a 
7.34 	request for reconsideration is served by mail shall be the postmark date on the envelope in 
7.35 	which the request for reconsideration is mailed. The request for reconsideration must:
7.36 	(1) specify which parts of the notice of violation are alleged to be in error;
8.1 	(2) explain why they are in error; and 
8.2 	(3) provide documentation to support the allegation of error.
8.3 	The commissioner must respond in writing to requests made under this paragraph 
8.4 	within 15 days after receiving a request. A request for reconsideration does not stay any 
8.5 	obligation to correct as set forth in the notice of violation. After reviewing the request for 
8.6 	reconsideration, the commissioner may affirm, modify, or rescind the notice of violation. 
8.7 	The commissioner's disposition of a request for reconsideration is final and may not be 
8.8 	reviewed by any court or agency.
8.9 		Subd. 7.Administrative orders; correction; assessment of monetary penalties.
 8.10 	(a) The commissioner may issue an administrative order to any person who has committed 
8.11 	a violation of the applicable law. The commissioner shall serve the administrative order 
8.12 	on the person. The administrative order may include a requirement that the violation be 
8.13 	corrected, may require the person to cease and desist from committing the violation, and 
8.14 	may include an assessment of monetary penalties. The procedures in section 326B.083 
8.15 	must be followed when issuing administrative orders. Except as provided in paragraph (b), 
8.16 	the commissioner may issue to each person a monetary penalty of up to $10,000 for each 
8.17 	violation of applicable law committed by that person. The commissioner may specify in 
8.18 	the order that some or all of the monetary penalty will be forgiven if the person who is 
8.19 	subject to the order demonstrates to the commissioner before the 31st day after the order 
8.20 	is issued that the person has corrected the violation or has developed a correction plan 
8.21 	acceptable to the commissioner.
8.22 	(b) If the commissioner issues an administrative order for failure to correct a 
8.23 	violation by the deadline stated in a final administrative order issued under paragraph (a), 
8.24 	then each day after the deadline during which the violation remains uncorrected is a 
8.25 	separate violation for purposes of calculating the maximum penalty amount.
8.26 	(c) If the commissioner issues an administrative order to a corporation, the 
8.27 	persons subject to the order include all owners and officers of the corporation. For any 
8.28 	administrative order issued under this section, the naming of a corporation as a person 
8.29 	subject to the order constitutes the naming of the owners and officers as persons subject 
8.30 	to the order, and service of the administrative order on the corporation shall constitute 
8.31 	service upon the owners and officers.
8.32 	(d) Upon the application of the commissioner, a district court shall treat the failure 
8.33 	of any person to complete any correction required in a final administrative order lawfully 
8.34 	issued by the commissioner under this subdivision as a contempt of court.
8.35 		Subd. 8.Hearings related to administrative orders. (a) Within 30 days after the 
8.36 	commissioner serves an administrative order or within 20 days after the commissioner 
9.1 	serves notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the person 
9.2 	subject to an administrative order may request an expedited hearing, using the procedures 
9.3 	of Minnesota Rules, parts 1400.8510 to 1400.8612, to review the commissioner's 
9.4 	action. The request for hearing must be in writing and must be served on or faxed to the 
9.5 	commissioner at the address or fax number specified in the order. If the person does 
9.6 	not request a hearing or if the person's written request for hearing is not served on or 
9.7 	faxed to the commissioner on or before the 30th day after the commissioner served the 
9.8 	administrative order or the 20th day after the commissioner served the notice under section 
9.9 	326B.083, subdivision 3, paragraph (b), clause (3), the order will become a final order of 
9.10 	the commissioner and will not be subject to review by any court or agency. The date on 
9.11 	which a request for hearing is served by mail shall be the postmark date on the envelope in 
9.12 	which the request for hearing is mailed. The hearing request must specifically state the 
9.13 	reasons for seeking review of the order. The person to whom the order is issued and the 
9.14 	commissioner are the parties to the expedited hearing. The commissioner must notify the 
9.15 	person to whom the order is issued of the time and place of the hearing at least 15 days 
9.16 	before the hearing. The expedited hearing must be held within 45 days after a request for 
9.17 	hearing has been filed with the commissioner unless the parties agree to a later date.
9.18 	(b) All written arguments must be submitted within ten days following the close of 
9.19 	the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 
9.20 	1400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in 
9.21 	consultation with the agency, adopt rules specifically applicable to cases under this section.
9.22 	(c) The administrative law judge shall issue a report making findings of fact, 
9.23 	conclusions of law, and a recommended order to the commissioner within 30 days 
9.24 	following the close of the record.
9.25 	(d) If the administrative law judge makes a finding that the hearing was requested 
9.26 	solely for purposes of delay or that the hearing request was frivolous, the commissioner 
9.27 	may add to the amount of the penalty the costs charged to the department by the Office of 
9.28 	Administrative Hearings for the hearing.
9.29 	(e) If a hearing has been held, the commissioner shall not issue a final order until 
9.30 	at least five days after the date of the administrative law judge's report. Any person 
9.31 	aggrieved by the administrative law judge's report may, within those five days, serve 
9.32 	written comments to the commissioner on the report and the commissioner shall consider 
9.33 	the comments. The commissioner's final order may be appealed in the manner provided in 
9.34 	sections 14.63 to 14.69.
9.35 		Subd. 9.Injunctive relief. In addition to any other remedy provided by law, the 
9.36 	commissioner may bring an action for injunctive relief in the Ramsey County District 
10.1 	Court or, at the commissioner's discretion, in the district court in the county in which a 
10.2 	violation of the applicable law has occurred or is about to occur to enjoin the violation. 
10.3 	A temporary restraining order and other injunctive relief shall be granted by the district 
10.4 	court whenever it appears that any person has engaged in or is about to engage in any act, 
10.5 	conduct, or practice constituting a violation of the applicable law. The commissioner shall 
10.6 	not be required to show irreparable harm.
10.7 		Subd. 10.Stop orders. (a) Whenever based on an inspection or investigation 
10.8 	it appears to the commissioner that a person has committed or is about to commit an 
10.9 	act, conduct, or practice that violates the applicable law, the commissioner may issue to 
10.10 	the person a stop order requiring the person to cease and desist from committing the 
10.11 	act, conduct, or practice.
10.12 	(b) Whenever based on an inspection or investigation it appears to the commissioner 
10.13 	that a condition exists on real property that violates the applicable law, the commissioner 
10.14 	may issue a stop order to the owner or lessee of the real property to correct the condition 
10.15 	that is in violation.
10.16 	(c) The commissioner shall issue the stop work order by:
10.17 	(1) serving the order on the person who has committed or is about to commit the 
10.18 	violation;
10.19 	(2) posting the order at the location where the violation was committed or is about to 
10.20 	be committed or where the violating condition exists; or
10.21 	(3) serving the order on any owner or lessee of the real property where the violating 
10.22 	condition exists.
10.23 	(d) A stop order shall:
10.24 	(1) describe the act, conduct, or practice committed or about to be committed, or the 
10.25 	condition, and include a reference to the applicable law that the act, conduct, practice, or 
10.26 	condition violates or would violate; and
10.27 	(2) provide notice that any person aggrieved by the stop order may request a hearing 
10.28 	as provided in paragraph (e).
10.29 	(e) Within 30 days after the commissioner issues a stop order, any person aggrieved 
10.30 	by the order may request an expedited hearing, using the procedures of Minnesota Rules, 
10.31 	parts 1400.8510 to 1400.8612, to review the commissioner's action. The request for 
10.32 	hearing must be in writing and must be served on or faxed to the commissioner at the 
10.33 	address or fax number specified in the order. If the person does not request a hearing or 
10.34 	if the person's written request for hearing is not served on or faxed to the commissioner 
10.35 	on or before the 30th day after the commissioner issued the stop work order, the order 
10.36 	will become a final order of the commissioner and will not be subject to review by any 
11.1 	court or agency. The date on which a request for hearing is mailed is the postmark date 
11.2 	on the envelope in which the request for hearing is mailed. The hearing request must 
11.3 	specifically state the reasons for seeking review of the order. The person who requested 
11.4 	the hearing and the commissioner are the parties to the expedited hearing. The hearing 
11.5 	shall be commenced within ten days after the commissioner receives the request for 
11.6 	hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 
11.7 	1400.8612, as modified by this subdivision. The administrative law judge shall issue a 
11.8 	report containing findings of fact, conclusions of law, and a recommended order within 
11.9 	ten days after the conclusion of the hearing. Any party aggrieved by the administrative 
11.10 	law judge's report shall have five days after the date of the administrative law judge's 
11.11 	report to submit exceptions and argument to the commissioner. Within 15 days after 
11.12 	receiving the administrative law judge's report, the commissioner shall issue an order 
11.13 	vacating, modifying, or making permanent the stop order. The commissioner and the 
11.14 	person requesting the hearing may by agreement lengthen any time periods described in 
11.15 	this paragraph. The Office of Administrative Hearings may, in consultation with the 
11.16 	agency, adopt rules specifically applicable to cases under this subdivision.
11.17 	(f) A stop work order issued under this subdivision shall be in effect until it is 
11.18 	modified or vacated by the commissioner or an appellate court. The administrative hearing 
11.19 	provided by this subdivision and any appellate judicial review as provided in chapter 14 
11.20 	shall constitute the exclusive remedy for any person aggrieved by a stop order.
11.21 	(g) Upon the application of the commissioner, a district court shall treat the failure 
11.22 	of any person to obey a final stop order lawfully issued by the commissioner under this 
11.23 	subdivision as a contempt of court.
11.24 		Subd. 11.Licensing orders; grounds; reapplication. (a) The commissioner may 
11.25 	deny a permit, license, registration, or certificate if the applicant does not meet or fails 
11.26 	to maintain the minimum qualifications for holding the permit, license, registration, or 
11.27 	certificate, or has any unresolved violations or unpaid fees or penalties related to the 
11.28 	activity for which the permit, license, registration, or certificate was issued.
11.29 	(b) The commissioner may condition the grant of a permit, license, registration, or 
11.30 	certificate on a demonstration by the applicant that actions required by the applicable law 
11.31 	have been taken, or may place conditions on or issue a limited permit, license, registration, 
11.32 	or certificate.
11.33 	(c) The commissioner may deny, suspend, limit, place conditions on, or revoke 
11.34 	a permit, license, registration, or certificate, or censure the person holding the permit, 
11.35 	license, registration, or certificate, for:
11.36 	(1) committing one or more violations of the applicable law;
12.1 	(2) submitting false or misleading information to the state in connection with 
12.2 	activities for which the permit, license, registration, or certificate is issued, or in 
12.3 	connection with the application for the permit, license, registration, or certificate;
12.4 	(3) allowing the alteration or use of one's own permit, license, registration, or 
12.5 	certificate by another person;
12.6 	(4) within the previous five years, conviction of a crime in connection with activities 
12.7 	for which the permit, license, registration, or certificate was issued;
12.8 	(5) violating a final administrative order issued under subdivision 7 or a final stop 
12.9 	order issued under subdivision 10;
12.10 	(6) failing to cooperate with a commissioner's request to give testimony, to produce 
12.11 	documents, things, apparatus, devices, equipment, or materials, or to access property 
12.12 	under subdivision 2;
12.13 	(7) retaliating in any manner against any employee or person who is questioned by, 
12.14 	cooperates with, or provides information to the commissioner or an employee or agent 
12.15 	authorized by the commissioner who seeks access to property or things under subdivision 
12.16 	2;
12.17 	(8) engaging in any fraudulent, deceptive, or dishonest act or practice; or
12.18 	(9) the applicant's, permit holder's, licensee's, registrant's, or certificate holder's 
12.19 	incompetence, untrustworthiness, or financial irresponsibility in the conduct of that 
12.20 	person's affairs, including but not limited to the performance of work in connection with 
12.21 	the permit, license, registration, or certificate.
12.22 	(d) If the commissioner revokes a person's permit, license, registration, or certificate 
12.23 	under paragraph (c), the person is prohibited from making a new application for the 
12.24 	same type of permit, license, registration, or certificate for at least two years after the 
12.25 	effective date of the revocation. The commissioner may, as a condition of reapplication, 
12.26 	require the applicant to obtain a bond or comply with additional reasonable conditions 
12.27 	of permitting, licensing, registration, or certification that the commissioner considers 
12.28 	necessary to protect the public. 
12.29 	(e) If a permit, license, registration, or certificate expires, or is surrendered, 
12.30 	withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may 
12.31 	institute a proceeding under this subdivision within two years after the permit, license, 
12.32 	registration, or certificate was last effective and enter a revocation or suspension order as 
12.33 	of the last date on which the permit, license, registration, or certificate was in effect.
12.34 		Subd. 12.Issuance of licensing orders; hearings related to licensing orders. 
 12.35 	(a) If the commissioner determines that a permit, license, registration, or certificate 
12.36 	should be conditioned, limited, suspended, revoked, or denied under subdivision 11, 
13.1 	or that the permit holder, licensee, registrant, or certificate holder should be censured 
13.2 	under subdivision 11, then the commissioner shall serve on the person an order denying, 
13.3 	conditioning, limiting, suspending, or revoking the person's permit, license, registration, 
13.4 	or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
13.5 	(b) Any order issued under paragraph (a) that is based in whole or in part on the 
13.6 	violation of any applicable law may include an assessment of monetary penalties and may 
13.7 	require the person to cease and desist from committing the violation. The monetary penalty 
13.8 	may be up to $10,000 for each violation of applicable law committed by the person. The 
13.9 	procedures in section 326B.083 must be followed when issuing orders under paragraph 
13.10 	(a). If the commissioner issues an order under paragraph (a) to a corporation, the persons 
13.11 	subject to the order include all owners and officers of the corporation. For any order issued 
13.12 	under paragraph (a), the naming of a corporation as a person subject to the order constitutes 
13.13 	the naming of the owners and officers as persons subject to the order, and service of the 
13.14 	order on the corporation shall constitute service upon the owners and officers.
13.15 	(c) The permit holder, licensee, registrant, certificate holder, or applicant on whom 
13.16 	the commissioner serves an order under paragraph (a) shall have 30 days after service of 
13.17 	the order to request a hearing. The request for hearing must be in writing and must be 
13.18 	served on or faxed to the commissioner at the address or fax number specified in the order 
13.19 	on or before the 30th day after service of the order. If the person does not request a hearing 
13.20 	or if the person's written request for hearing is not served on or faxed to the commissioner 
13.21 	on or before the 30th day after service of the order, the order shall become a final order of 
13.22 	the commissioner and will not be subject to review by any court or agency. The date on 
13.23 	which a request for hearing is served by mail shall be the postmark date on the envelope in 
13.24 	which the request for hearing is mailed. If the person submits to the commissioner a timely 
13.25 	request for hearing, a contested case hearing shall be held in accordance with chapter 14.
13.26 	(d) Paragraph (c) does not apply to summary suspension under subdivision 13.
13.27 		Subd. 13.Summary suspension. In any case where the commissioner has 
13.28 	issued an order to revoke or suspend a license, registration, certificate, or permit under 
13.29 	subdivision 12, the commissioner may summarily suspend the person's permit, license, 
13.30 	registration, or certificate before the order becomes final. The commissioner shall issue 
13.31 	a summary suspension order only when the safety of life or property is threatened 
13.32 	or to prevent the commission of fraudulent, deceptive, or dishonest acts against the 
13.33 	public. The summary suspension shall not affect the deadline for submitting a request 
13.34 	for hearing under subdivision 12. If the commissioner summarily suspends a person's 
13.35 	permit, license, registration, or certificate, a timely request for hearing submitted under 
13.36 	subdivision 12 shall also be considered a timely request for hearing on continuation of 
14.1 	the summary suspension. If the commissioner summarily suspends a person's permit, 
14.2 	license, registration, or certificate under this subdivision and the person submits a timely 
14.3 	request for a hearing, then a hearing on continuation of the summary suspension must be 
14.4 	held within ten days after the commissioner receives the request for hearing unless the 
14.5 	parties agree to a later date.
14.6 		Subd. 14.Plan for assessing penalties. The commissioner may prepare a plan for 
14.7 	assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall 
14.8 	provide a 30-day period for public comment on any such plan. Penalties assessed by the 
14.9 	commissioner in accordance with the plan shall be presumed reasonable.
14.10 		Subd. 15.Effect on other laws. Nothing in this section shall be construed to limit 
14.11 	the application of other state or federal laws, including specifically but not exclusively 
14.12 	section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a 
14.13 	permit, license, registration, or certificate issued by the commissioner.
14.14 		Subd. 16.Misdemeanor penalties. Except as otherwise provided by law, a person 
14.15 	who violates an applicable law is guilty of a misdemeanor.
14.16 		Subd. 17.Revocation and suspension of license. If a person fails to pay a penalty 
14.17 	owed under this section or section 326B.083, the commissioner may revoke or deny any 
14.18 	or all licenses, permits, certificates, and registrations issued by the department.

14.19 	Sec. 3. [326B.083] AMOUNT OF PENALTY; CONTENTS OF 
14.20 	ADMINISTRATIVE AND LICENSING ORDERS. 
14.21 		Subdivision 1.Amount of penalty; considerations. In determining the amount of 
14.22 	a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall 
14.23 	consider the factors described in section 14.045, subdivision 3.
14.24 		Subd. 2.Contents of administrative order and licensing order. (a) An 
14.25 	administrative order and a licensing order must include:
14.26 	(1) a summary of the facts that constitute the violation or violations;
14.27 	(2) a reference to the applicable law that has been violated; and
14.28 	(3) a statement of the person's right to request a hearing.
14.29 	(b) An administrative order may include a requirement that the violation be 
14.30 	corrected. If the order includes a requirement that the violation be corrected, then the 
14.31 	order must include, in addition to any statements required under paragraphs (a) and (c), 
14.32 	the deadline by which the violation must be corrected.
14.33 	(c) An administrative order or a licensing order may assess monetary penalties. If 
14.34 	the order assesses monetary penalties, then the order must include, in addition to any 
14.35 	statements required under paragraphs (a) and (b):
15.1 	(1) a statement of the amount of the monetary penalty imposed;
15.2 	(2) a statement that, when the order becomes final, the commissioner may file and 
15.3 	enforce the unpaid portion of a penalty as a judgment in district court without further 
15.4 	notice or additional proceedings; and
15.5 	(3) if the order is an administrative order, a statement of the amount of the penalty, 
15.6 	if any, that will be forgiven if the person who is subject to the order demonstrates to the 
15.7 	commissioner before the 31st day after the order is served that the person has corrected 
15.8 	the violation or has developed a correction plan acceptable to the commissioner.
15.9 		Subd. 3.Penalty. (a) If an administrative order includes a penalty assessment, then 
15.10 	the penalty is due and payable on the date the administrative order becomes final unless 
15.11 	some or all of the penalty is forgivable. If a licensing order includes a penalty assessment, 
15.12 	then the penalty is due and payable on the date the licensing order becomes final.
15.13 	(b) This paragraph applies if an administrative order includes a penalty assessment 
15.14 	and all or a portion of the penalty is forgivable.
15.15 	(1) If any portion of the penalty is not forgivable, that portion of the penalty is due 
15.16 	and payable ten days after the date the administrative order becomes final.
15.17 	(2) The commissioner shall forgive the forgivable portion of the penalty if the 
15.18 	commissioner determines that the violation has been corrected within the time set by 
15.19 	the order or the person to whom the order was issued has developed a correction plan 
15.20 	acceptable to the commissioner within the time set by the order.
15.21 	(3) If the commissioner determines that the person to whom the order was issued 
15.22 	has failed to correct the violation within the time set by the order or has failed to develop 
15.23 	a correction plan acceptable to the commissioner within the time set by the order, then 
15.24 	the forgivable portion of the penalty is due and payable ten days after the commissioner 
15.25 	serves notice of the determination on the person or on the date the administrative order 
15.26 	becomes final, whichever is later.
15.27 	(c) This paragraph applies if an administrative order or a licensing order includes a 
15.28 	penalty assessment and if the person subject to the order has requested a hearing. The 
15.29 	administrative law judge may not recommend a change in the amount of the penalty if 
15.30 	the penalty was assessed in accordance with a plan prepared under section 326B.082, 
15.31 	subdivision 14. If the commissioner has not prepared a plan under section 326B.082, 
15.32 	subdivision 14, then the administrative law judge may not recommend a change in the 
15.33 	amount of the penalty unless the administrative law judge determines that, based on the 
15.34 	factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
16.1 	(d) The assessment of a penalty does not preclude the use of other enforcement 
16.2 	provisions, under which penalties are not assessed, in connection with the violation for 
16.3 	which the penalty was assessed.

16.4 	Sec. 4. [326B.084] FALSE INFORMATION.
16.5 	A person subject to any of the requirements in the applicable law may not make a 
16.6 	false material statement, representation, or certification in; omit material information 
16.7 	from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan, 
16.8 	or other document required under the applicable law.

16.9 	Sec. 5. [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES.
16.10 	In any action brought by the commissioner for enforcement of an order issued 
16.11 	under section 326B.082 for injunctive relief, or to compel performance pursuant to the 
16.12 	applicable law, if the state finally prevails, the state, in addition to other penalties provided 
16.13 	by law, may be allowed an amount determined by the court to be the reasonable value of 
16.14 	all or part of the litigation expenses incurred by the state. In determining the amount of 
16.15 	the litigation expenses to be allowed, the court shall give consideration to the economic 
16.16 	circumstances of the defendant.

16.17 	ARTICLE 4
16.18 	BUILDING CODE

16.19 	Section 1. Minnesota Statutes 2005 Supplement, section 16B.04, subdivision 2, is 
16.20 	amended to read:
16.21 		Subd. 2.Powers and duties, general. Subject to other provisions of this chapter, 
16.22 	the commissioner is authorized to:
16.23 	(1) supervise, control, review, and approve all state contracts and purchasing;
16.24 	(2) provide agencies with supplies and equipment and operate all central store or 
16.25 	supply rooms serving more than one agency;
16.26 	(3) investigate and study the management and organization of agencies, and 
16.27 	reorganize them when necessary to ensure their effective and efficient operation;
16.28 	(4) manage and control state property, real and personal;
16.29 	(5) maintain and operate all state buildings, as described in section 16B.24, 
16.30 	subdivision 1;
16.31 	(6) supervise, control, review, and approve all capital improvements to state 
16.32 	buildings and the capitol building and grounds;
16.33 	(7) provide central duplicating, printing, and mail facilities;
17.1 	(8) oversee publication of official documents and provide for their sale;
17.2 	(9) manage and operate parking facilities for state employees and a central motor 
17.3 	pool for travel on state business; and
17.4 	(10) establish and administer a State Building Code; and
17.5 	(11) (10) provide rental space within the capitol complex for a private day care 
17.6 	center for children of state employees. The commissioner shall contract for services as 
17.7 	provided in this chapter. The commissioner shall report back to the legislature by October 
17.8 	1, 1984, with the recommendation to implement the private day care operation.

17.9 	Sec. 2. Minnesota Statutes 2004, section 16B.61, subdivision 2, is amended to read:
17.10 		Subd. 2.Enforcement by certain bodies. Under the direction and supervision of 
17.11 	the commissioner, the provisions of the code relating to electrical installations shall be 
17.12 	enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act, the 
17.13 	provisions relating to, plumbing shall be enforced by the commissioner of health, the 
17.14 	provisions relating to, boilers, high pressure steam piping and appurtenances, and ammonia 
17.15 	refrigeration piping shall be enforced by the Department of Labor and Industry. Fees for 
17.16 	inspections conducted by the State Board of Electricity commissioner shall be paid in 
17.17 	accordance with the rules of the State Board of Electricity department. Under direction 
17.18 	of the commissioner of public safety, the state fire marshal shall enforce the Minnesota 
17.19 	UniformState Fire Code as provided in chapter 299F. The commissioner, in consultation 
17.20 	with the commissioner of labor and industry, shall adopt amendments to the mechanical 
17.21 	code portion of the State Building Code to implement standards for process piping.

17.22 	Sec. 3. Minnesota Statutes 2004, section 16B.63, subdivision 5, is amended to read:
17.23 		Subd. 5.Interpretative authority. To achieve uniform and consistent application 
17.24 	of the State Building Code, the state building official has final interpretative authority 
17.25 	applicable to all codes adopted as part of the State Building Code except for the 
17.26 	Plumbing Code and the Electrical Code when enforced by the State Board of Electricity. 
17.27 	A final interpretative committee composed of seven members, consisting of three 
17.28 	building officials, two inspectors from the affected field, and two construction industry 
17.29 	representatives, shall review requests for final interpretations relating to that field. A 
17.30 	request for final interpretation must come from a local or state level building code 
17.31 	board of appeals. The state building official must establish procedures for membership 
17.32 	of the interpretative committees. The appropriate committee shall review the request 
17.33 	and make a recommendation to the state building official for the final interpretation 
17.34 	within 30 days of the request. The state building official must issue an interpretation 
18.1 	within ten business days from the recommendation from the review committee. A final 
18.2 	interpretation may be appealed within 30 days of its issuance to the commissioner under 
18.3 	section  16B.67. The final interpretation must be published within ten business days of its 
18.4 	issuance and made available to the public. Municipal building officials shall administer all 
18.5 	final interpretations issued by the state building official until the final interpretations are 
18.6 	considered for adoption as part of the State Building Code. 

18.7 	Sec. 4. Minnesota Statutes 2004, section 16B.748, is amended to read:
18.8 	16B.748 RULES.
18.9 	The commissioner may adopt rules for the following purposes:
18.10 	(1) to establish minimum qualifications for elevator inspectors that must include 
18.11 	possession of a current elevator constructor electrician's license issued by the State Board 
18.12 	of Electricity department and proof of successful completion of the national elevator 
18.13 	industry education program examination or equivalent experience;
18.14 	(2) to establish criteria for the qualifications of elevator contractors;
18.15 	(3) to establish elevator standards under sections  16B.61, subdivisions 1 and 2, 
18.16 	and  16B.64; 
18.17 	(4) to establish procedures for appeals of decisions of the commissioner under 
18.18 	chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek 
18.19 	advice from the elevator trade, building owners or managers, and others knowledgeable in 
18.20 	the installation, construction, and repair of elevators; and
18.21 	(5) to establish requirements for the registration of all elevators.

18.22 	Sec. 5. Minnesota Statutes 2004, section 327.35, subdivision 1, is amended to read:
18.23 		Subdivision 1.Civil Penalty. Notwithstanding section 326B.082, subdivisions 7 and 
18.24 	12, any person who violates any provision of this section is liable to the state of Minnesota 
18.25 	for a civil penalty of not to exceed $1,000 for each offense violation. Each violation 
18.26 	involving a separate manufactured home or involving a separate failure or refusal to allow 
18.27 	or perform any act required by this section constitutes a separate offense violation, except 
18.28 	that the maximum civil penalties for any related series of violations occurring within one 
18.29 	year from the date of the first violation may not exceed $1,000,000.

18.30 	Sec. 6. Minnesota Statutes 2004, section 327B.05, subdivision 1, is amended to read:
18.31 		Subdivision 1.Grounds. In addition to the grounds set forth in section 326B.082, 
18.32 	subdivision 11, the commissioner may by order deny, suspend, limit, place conditions 
18.33 	on, or revoke any the application or license on finding (1) that the order is in the public 
19.1 	interest and (2) that the of any applicant or licensee or any of its directors, officers, limited 
19.2 	or general partners, controlling shareholders or affiliates for any of the following grounds:
19.3 	(a) has filed an application for a license or a license renewal which fails to disclose 
19.4 	any material information or contains any statement which is false or misleading with 
19.5 	respect to any material fact;
19.6 	(b) (a) has violated any of the provisions of sections  327B.01 to  327B.12 or any 
19.7 	rule or order issued by the commissioner or any prior law providing for the licensing of 
19.8 	manufactured home dealers or manufacturers; 
19.9 	(c) (b) has had a previous manufacturer or dealer license revoked in this or any 
19.10 	other state;
19.11 	(d) (c) has engaged in acts or omissions which have been adjudicated or amount to a 
19.12 	violation of any of the provisions of section  325D.44,  325F.67 or  325F.69; 
19.13 	(e) (d) has sold or brokered the sale of a home containing a material violation of 
19.14 	sections  327.31 to  327.35 about which the dealer knew or which should have been obvious 
19.15 	to a reasonably prudent dealer; 
19.16 	(f) (e) has failed to make or provide all listings, notices and reports required by 
19.17 	the commissioner;
19.18 	(g) (f) has failed to pay a civil penalty assessed under subdivision 5 within ten 
19.19 	days after the assessment becomes final;
19.20 	(h) (g) has failed to pay to the commissioner or other responsible government agency 
19.21 	all taxes, fees and arrearages due;
19.22 	(i) (h) has failed to duly apply for license renewal;
19.23 	(j) (i) has violated any applicable manufactured home building or safety code;
19.24 	(k) (j) has failed or refused to honor any express or implied warranty as provided 
19.25 	in section  327B.03; 
19.26 	(l) (k) has failed to continuously occupy a permanent, established place of business 
19.27 	licensed under section  327B.04; 
19.28 	(m) (l) has, without first notifying the commissioner, sold a new and unused 
19.29 	manufactured home other than the make of manufactured home described in a franchise or 
19.30 	contract filed with the application for license or license renewal;
19.31 	(n) (m) has wrongfully failed to deliver a certificate of title to a person entitled to it;
19.32 	(o) (n) is insolvent or bankrupt;
19.33 	(p) (o) holds an impaired or canceled bond;
19.34 	(q) (p) has failed to notify the commissioner of bankruptcy proceedings within ten 
19.35 	days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;
20.1 	(r) (q) has, within the previous ten years, been convicted of a crime that either related 
20.2 	directly to the business of the dealer or manufacturer or involved fraud, misrepresentation 
20.3 	or misuse of funds;
20.4 	(s) (r) has suffered a judgment within the previous five years in a civil action 
20.5 	involving fraud, misrepresentation or misuse of funds; or
20.6 	(t) (s) has failed to reasonably supervise any employee or agent of the dealer or 
20.7 	manufacturer, resulting in injury or harm to the public.
20.8 	The commissioner may establish rules pursuant to section  327B.10 further 
20.9 	specifying, defining or establishing standards of conduct for manufactured home dealers 
20.10 	and manufacturers. 

20.11 	ARTICLE 5
20.12 	ELECTRICAL

20.13 	Section 1. Minnesota Statutes 2004, section 326.241, is amended to read:
20.14 	326.241 BOARD OF ELECTRICITY ELECTRICAL ADVISORY COUNCIL; 
20.15 	POWERS OF COMMISSIONER.
20.16 		Subdivision 1.Composition Electrical Advisory Council. The Board of Electricity
20.17 	Electrical Advisory Council shall consist of 11 members, residents of the state, appointed 
20.18 	by the governorcommissioner of labor and industry, of whom two shall be representatives 
20.19 	of the electrical suppliers in the rural areas of the state, two shall be master electricians, 
20.20 	who shall be contractors, two journeyman electricians, one registered consulting electrical 
20.21 	engineer, two power limited technicians, who shall be technology system contractors 
20.22 	primarily engaged in the business of installing technology circuits or systems, and two 
20.23 	public members as defined by section  214.02. Membership terms, compensation of 
20.24 	members, removal of members, the filling of membership vacancies, and fiscal year 
20.25 	and reporting requirements shall be as provided in sections  214.07 to  214.09. The 
20.26 	provision of staff, administrative services and office space; the review and processing of 
20.27 	complaints; the setting of board fees; and other provisions relating to board operations 
20.28 	shall be as provided in chapter 214.The Electrical Advisory Council shall be organized 
20.29 	and administered according to section 15.059, except that, notwithstanding any other law 
20.30 	to the contrary, the Electrical Advisory Council shall not expire. At the request of the 
20.31 	commissioner of labor and industry, the Electrical Advisory Council shall provide advice 
20.32 	to the commissioner of labor and industry on issues regarding the electrical code.
21.1 		Subd. 2.Powers of commissioner. The board, or the complaint committee on 
21.2 	behalf of the board where authorized by law,commissioner of labor and industry shall 
21.3 	have power to:
21.4 	(1) Elect its own officers.
21.5 	(2) Engage and fix the compensation of inspectors, and hire employees. The salary 
21.6 	of the executive secretary shall be established pursuant to chapter 43A. All agents and 
21.7 	employees other than contract inspectors shall be in the classified service and shall be 
21.8 	compensated pursuant to chapter 43A. All inspectors shall hold licenses as master or 
21.9 	journeyman electricians under section  326.242, subdivision 1(1) or 2(1), and shall give 
21.10 	bond in an amount fixed by the board commissioner of labor and industry, conditioned 
21.11 	upon the faithful performance of their duties. 
21.12 	(3) Pay such other expenses as it may deem necessary in the performance of its 
21.13 	duties, including rent, supplies, and such like.
21.14 	(4)(2) Enforce the provisions of sections  326.241 to  326.248, and provide, upon 
21.15 	request, such additional voluntary inspections and reviews as itthe commissioner of 
21.16 	labor and industry may deem appropriate. 
21.17 	(5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses, 
21.18 	censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive 
21.19 	relief and civil penalties in court as authorized by section  326.242 and other provisions 
21.20 	of Minnesota law. 
21.21 	(6)(3) Adopt reasonable rules to carry out its the duties of the commissioner of 
21.22 	labor and industry under sections  326.241 to  326.248 and to provide for the amount 
21.23 	and collection of fees for inspection and other services. All rules shall be adopted in 
21.24 	accordance with chapter 14. 
21.25 		Subd. 3.Fees and finances; disposition. All fees collected under the provisions of 
21.26 	sections  326.241 to  326.248 are to be credited to a special account in the state treasury. 
21.27 	Money in the account is appropriated to the Board of ElectricityDepartment of Labor and 
21.28 	Industry to administer and enforce sections  326.241 to  326.248, to pay indirect costs, to 
21.29 	compensate contract electrical inspectors for inspections performed, and to make refunds. 

21.30 	Sec. 2. Minnesota Statutes 2004, section 326.242, subdivision 9i, is amended to read:
21.31 		Subd. 9i.Cooperation required. A person who is the subject of an investigation, or 
21.32 	who is questioned in connection with an investigation, by or on behalf of the board or its 
21.33 	complaint committeecommissioner of labor and industry shall cooperate fully with the 
21.34 	investigation. Cooperation includes, but is not limited to:
22.1 	(1) responding fully and promptly to questions raised by or on behalf of the board 
22.2 	or its complaint committeecommissioner of labor and industry relating to the subject 
22.3 	of the investigation;
22.4 	(2) providing copies of records in the person's possession related to the matter under 
22.5 	investigation as requested by the board, its complaint committee,commissioner of labor 
22.6 	and industry or the attorney general within the time limit set by the board, its complaint 
22.7 	committee,commissioner of labor and industry or the attorney general;
22.8 	(3) assisting the board, its complaint committee,commissioner of labor and industry 
22.9 	or the attorney general in its investigation; and
22.10 	(4) appearing at conferences or hearings scheduled by the board or its complaint 
22.11 	committee commissioner of labor and industry.

22.12 	Sec. 3. Minnesota Statutes 2004, section 326.243, is amended to read:
22.13 	326.243 SAFETY STANDARDS.
22.14 	All electrical wiring, apparatus and equipment for electric light, heat and power, 
22.15 	technology circuits or systems shall comply with the rules of the department of Commerce 
22.16 	or the Department of Labor and Industry, as applicable, and be installed in conformity 
22.17 	with accepted standards of construction for safety to life and property. For the purposes 
22.18 	of this chapter, the rules and safety standards stated at the time the work is done in 
22.19 	the then most recently published edition of the National Electrical Code as adopted by 
22.20 	the National Fire Protection Association, Inc. and approved by the American National 
22.21 	Standards Institute, and the National Electrical Safety Code as published by the Institute 
22.22 	of Electrical and Electronics Engineers, Inc. and approved by the American National 
22.23 	Standards Institute, shall be prima facie evidence of accepted standards of construction 
22.24 	for safety to life and property; provided further, that in the event a Minnesota Building 
22.25 	Code is formulated pursuant to section  16B.61, containing approved methods of electrical 
22.26 	construction for safety to life and property, compliance with said methods of electrical 
22.27 	construction of said Minnesota Building Code shall also constitute compliance with this 
22.28 	section, and provided further, that nothing herein contained shall prohibit any political 
22.29 	subdivision from making and enforcing more stringent requirements than set forth herein 
22.30 	and such requirements shall be complied with by all licensed electricians working within 
22.31 	the jurisdiction of such political subdivisions. 

22.32 	Sec. 4. Minnesota Statutes 2004, section 326.247, is amended to read:
22.33 	326.247 CONTINUITY.
23.1 	Persons Individuals now members of the board Electrical Advisory Council shall 
23.2 	remain in office on the Electrical Advisory Council until the expiration of the terms to 
23.3 	which they were appointed. Board rules, forms, policies and classifications of special 
23.4 	electricians now in effect, and not in conflict herewith, shall continue until lawfully 
23.5 	modified or repealed.

23.6 	ARTICLE 6
23.7 	PLUMBING

23.8 	Section 1. Minnesota Statutes 2004, section 326.42, subdivision 1, is amended to read:
23.9 		Subdivision 1.Application. Applications for plumber's license shall be made to 
23.10 	the state commissioner of health labor and industry, with fee. Unless the applicant is 
23.11 	entitled to a renewal, the applicant shall be licensed by the state commissioner of health
23.12 	labor and industry only after passing a satisfactory examination by the examiners showing 
23.13 	fitness. Examination fees for both journeyman and master plumbers shall be in an amount 
23.14 	prescribed by the state commissioner of health pursuant toset forth in section  144.122, 
23.15 	paragraph (f). Upon being notified that of having successfully passed the examination 
23.16 	for original license the applicant shall submit an application, with the license fee herein 
23.17 	provided. License fees shall be in an amount prescribed by the state commissioner of 
23.18 	health pursuant toset forth in section  144.122, paragraph (f). Licenses shall expire and 
23.19 	be renewed as prescribed in rule by the commissioner pursuant to section  144.122 of 
23.20 	labor and industry. 

23.21 	ARTICLE 7
23.22 	WATER CONDITIONING CONTRACTORS AND INSTALLERS

23.23 	Section 1. Minnesota Statutes 2004, section 326.57, subdivision 1, is amended to read:
23.24 		Subdivision 1.Rules. The state commissioner of healthlabor and industry shall, 
23.25 	by rule, prescribe minimum standards which shall be uniform, and which standards shall 
23.26 	thereafter be effective for all new water conditioning servicing and water conditioning 
23.27 	installations, including additions, extensions, alterations, and replacements connected 
23.28 	with any water or sewage disposal system owned or operated by or for any municipality, 
23.29 	institution, factory, office building, hotel, apartment building or any other place of 
23.30 	business, regardless of location or the population of the city, county or town in which 
23.31 	located. Such rules, upon approval of the attorney general and their legal publication, shall 
23.32 	have the force of law, and the violation of any part thereof shall constitute a misdemeanor 
23.33 	and may be enjoined by the attorney general.

24.1 	Sec. 2. Minnesota Statutes 2004, section 326.60, subdivision 3, is amended to read:
24.2 		Subd. 3.Rules. The state commissioner of healthlabor and industry shall:
24.3 	(a) prescribe rules, not inconsistent herewith, for the licensing of water conditioning 
24.4 	contractors and installers;
24.5 	(b) license water conditioning contractors and installers;
24.6 	(c) prescribe rules not inconsistent herewith for the examining of water conditioning 
24.7 	contractors and installers prior to first granting a license as a water conditioning contractor 
24.8 	or water conditioning installer; and
24.9 	(d) collect an examination fee from each examinee for a license as a water 
24.10 	conditioning contractor and a fee from each examinee for a license as a water conditioning 
24.11 	installer in an amount prescribed by the state commissioner of health pursuant toset 
24.12 	forth in section 144.122, paragraph (f). A water conditioning installer must successfully 
24.13 	pass the examination for water conditioning contractors before being licensed as a water 
24.14 	conditioning contractor. 

24.15 	ARTICLE 8
24.16 	RESIDENTIAL BUILDING CONTRACTOR AND REMODELER STATUTES

24.17 	Section 1. Minnesota Statutes 2004, section 326.87, subdivision 1, is amended to read:
24.18 		Subdivision 1.Standards. The commissioner of labor and industry, in consultation 
24.19 	with the council, may adopt standards for continuing education requirements and course 
24.20 	approval. The standards must include requirements for continuing education in the 
24.21 	implementation of energy codes applicable to buildings and other building codes designed 
24.22 	to conserve energy. Except for the course content, the standards must be consistent 
24.23 	with the standards established for real estate agents and other professions licensed by 
24.24 	the Department of Commerce. At a minimum, the content of one hour of any required 
24.25 	continuing education must contain information on lead abatement rules and safe lead 
24.26 	abatement procedures.

24.27 	Sec. 2. Minnesota Statutes 2004, section 326.91, subdivision 1, is amended to read:
24.28 		Subdivision 1.Cause Grounds. The commissioner may by order deny, suspend, or 
24.29 	revoke any license or may censure a licensee, and may impose a civil penalty as provided 
24.30 	for in section  45.027, subdivision 6, if the commissioner finds that the order is in the 
24.31 	public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or 
24.32 	other agent, owner, partner, director, governor, shareholder, member, officer, qualifying 
24.33 	person, or managing employee of the applicant or licensee or any person occupying a 
24.34 	similar status or performing similar functions:  In addition to the grounds set forth in 
25.1 	section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place 
25.2 	conditions on, or revoke a license or certificate of exemption, or may censure the person 
25.3 	holding the license or certificate of exemption, if the applicant, licensee, certificate of 
25.4 	exemption holder, qualified person, or affiliate of an applicant, licensee, or certificate of 
25.5 	exemption holder, or other agent owner has:
25.6 	(1) has filed an application for a license licensure or a certificate of exemption
25.7 	which is incomplete in any material respect or contains any statement which, in light 
25.8 	of the circumstances under which it is made, is false or misleading with respect to any 
25.9 	material fact;
25.10 	(2) has engaged in a fraudulent, deceptive, or dishonest practice;
25.11 	(3) is permanently or temporarily enjoined by any court of competent jurisdiction 
25.12 	from engaging in or continuing any conduct or practice involving any aspect of the 
25.13 	business;
25.14 	(4) has failed to reasonably supervise employees, agents, subcontractors, or 
25.15 	salespersons, or has performed negligently or in breach of contract, so as to cause injury 
25.16 	or harm to the public;
25.17 	(5) has violated or failed to comply with any provision of sections  326.83 to  326.98
25.18 	or, any rule or order under sections  326.83 to  326.98 or any other law, rule, or order related 
25.19 	to the duties and responsibilities entrusted to the commissioner; 
25.20 	(6) has been shown to be incompetent, untrustworthy, or financially irresponsible;
25.21 	(7) (6) has been convicted of a violation of the State Building Code or, in 
25.22 	jurisdictions that do not enforce the State Building Code, has refused to comply with 
25.23 	a notice of violation or stop order issued by a certified building official, or in local 
25.24 	jurisdictions that have not adopted the State Building Code has refused to correct a 
25.25 	violation of the State Building Code when the violation has been certified documented 
25.26 	or a notice of violation or stop order issued by a Minnesota licensed structural engineer
25.27 	certified building official has been received;
25.28 	(8) (7) has failed to use the proceeds of any payment made to the licensee for the 
25.29 	construction of, or any improvement to, residential real estate, as defined in section  326.83, 
25.30 	subdivision 17, for the payment of labor, skill, material, and machinery contributed to the 
25.31 	construction or improvement, knowing that the cost of any labor performed, or skill, 
25.32 	material, or machinery furnished for the improvement remains unpaid; 
25.33 	(9) (8) has not furnished to the person making payment either a valid lien waiver as to 
25.34 	any unpaid labor performed, or skill, material, or machinery furnished for an improvement, 
25.35 	or a payment bond in the basic amount of the contract price for the improvement 
25.36 	conditioned for the prompt payment to any person or persons entitled to payment;
26.1 	(10) (9) has engaged in conduct which was the basis for a contractor's recovery fund 
26.2 	payment pursuant to section  326.975, which payment has not been reimbursed; 
26.3 	(11) (10) has engaged in bad faith, unreasonable delays, or frivolous claims in 
26.4 	defense of a civil lawsuit or arbitration arising out of their activities as a licensee or 
26.5 	certificate of exemption holder under this chapter;
26.6 	(12) (11) has had a judgment entered against them for failure to make payments to 
26.7 	employees or, subcontractors, or suppliers, that the licensee has failed to satisfy and all 
26.8 	appeals of the judgment have been exhausted or the period for appeal has expired;
26.9 	(13) (12) if unlicensed, has obtained a building permit by the fraudulent use of a 
26.10 	fictitious license number or the license number of another, or, if licensed, has knowingly 
26.11 	allowed an unlicensed person to use the licensee's license number for the purpose of 
26.12 	fraudulently obtaining a building permit; or has applied for or obtained a building permit 
26.13 	for an unlicensed person.
26.14 	(14) (13) has made use of a forged mechanics' mechanic's lien waivers waiver
26.15 	under chapter 514.;
26.16 	(14) has provided false, misleading or incomplete information to the commissioner 
26.17 	or has refused to allow a reasonable inspection of records or premises;
26.18 	(15) has engaged in an act or practice whether or not the act or practice directly 
26.19 	involves the business for which the person is licensed, that demonstrates that the applicant 
26.20 	or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or 
26.21 	unqualified to act under the license granted by the commissioner; or
26.22 	(16) has failed to comply with requests for information, documents, or other requests 
26.23 	from the department within the time specified in the request or, if no time is specified, 
26.24 	within 30 days of the mailing of the request by the department.

26.25 	Sec. 3. Minnesota Statutes 2004, section 326.93, is amended to read:
26.26 	326.93 SERVICE OF PROCESS; NONRESIDENT LICENSING.
26.27 		Subdivision 1.License. A nonresident of Minnesota may be licensed as a residential 
26.28 	building contractor or residential remodeler upon compliance with all the provisions of 
26.29 	sections  326.83 to  326.991. 
26.30 		Subd. 2.Service of process. Service of process upon a person performing work in 
26.31 	the state of a type that would require a license under sections  326.83 to  326.98 may be 
26.32 	made as provided in section  45.028. 
26.33 		Subd. 3.Procedure. Every applicant for licensure or certificate of exemption 
26.34 	under sections 326.83 to 326.98, shall file with the commissioner, on such form as the 
26.35 	commissioner may prescribe, an irrevocable consent appointing the commissioner and 
27.1 	successors in office to be the applicant's agent to receive service of any lawful process 
27.2 	in any noncriminal suit, action, or proceeding against the applicant or a successor, 
27.3 	executor, or administrator which arises under section 326.83 to 326.98 or any rule or order 
27.4 	thereunder after the consent has been filed, with the same force and validity as if served 
27.5 	personally on the person filing the consent. Service under this section shall be made in 
27.6 	compliance with subdivision 5.
27.7 		Subd. 4.Service on commissioner. (a) When a person, including any nonresident 
27.8 	of this state, engages in conduct prohibited or made actionable by sections 326.83 to 
27.9 	326.98, or any rule or order under those sections, and the person has not filed a consent 
27.10 	to service of process under subdivision 3, that conduct is equivalent to an appointment 
27.11 	of the commissioner and successors in office as the person's agent to receive service of 
27.12 	process in any noncriminal suit, action, or proceeding against the person that is based on 
27.13 	that conduct and is brought under sections 326.83 to 326.98, or any rule or order under 
27.14 	those sections, with the same force and validity as if served personally on the person filing 
27.15 	the consent. Service under this section shall be made in compliance with subdivision 5.
27.16 	(b) Subdivision 5 applies in all other cases in which a person, including a nonresident 
27.17 	of this state, has filed a consent to service of process. This paragraph supersedes any 
27.18 	inconsistent provision of law.
27.19 	(c) Subdivision 5 applies in all cases in which service of process is allowed to be 
27.20 	made on the commissioner.
27.21 	(d) Subdivision 5 applies to any document served by the commissioner or the 
27.22 	department under section 326B.08.
27.23 		Subd. 5.How made. Service of process under this section may be made by leaving 
27.24 	a copy of the process in the office of the commissioner, or by sending a copy of the process 
27.25 	to the commissioner by certified mail, and is not effective unless: 
27.26 	(1) the plaintiff, who may be the commissioner in an action or proceeding instituted 
27.27 	by the commissioner, sends notice of the service and a copy of the process by certified 
27.28 	mail to the defendant or respondent at the last known address; and 
27.29 	(2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or 
27.30 	before the return day of the process, if any, or within further time as the court allows.

27.31 	ARTICLE 9
27.32 	BOILERS; PRESSURE VESSELS; BOATS

27.33 	Section 1. Minnesota Statutes 2004, section 183.44, subdivision 3, is amended to read:
27.34 		Subd. 3.Suspension, revocation. In addition to the grounds set forth in section 
27.35 	326B.082, subdivision 11, the Division of Boiler Inspection may suspend or revoke the 
28.1 	license of any master, pilot or engineer found under the influence of drugs or alcohol when 
28.2 	on duty or who otherwise disregards the provisions of sections  183.375 to  183.62 or 
28.3 	any rule promulgated thereunder. 

28.4 	ARTICLE 10
28.5 	CONFORMING CHANGES

28.6 	Section 1. REVISOR'S INSTRUCTION.
 28.7 	(a) In Minnesota Statutes, section 31.175, the revisor of statutes shall change the 
28.8 	term "Department of Health" to "Department of Labor and Industry."
28.9 	(b) In Minnesota Statutes, section 103I.621, subdivision 3, paragraph (b), clause 
28.10 	(2), the revisor of statutes shall change the term "commissioner" to "commissioner of 
28.11 	labor and industry."
28.12 	(c) In Minnesota Statutes, section 327.20, subdivision 1, clause (5), the revisor of 
28.13 	statutes shall change the term "commissioner of health" to "commissioner of labor and 
28.14 	industry."
28.15 	(d) In Minnesota Statutes, section 327.205, the revisor of statutes shall change the 
28.16 	term "commissioner of administration" to "commissioner of labor and industry."
28.17 	(e) In Minnesota Statutes, section 327A.01, subdivision 2, the revisor of statutes 
28.18 	shall change the term "commissioner of administration" to "commissioner of labor and 
28.19 	industry."
28.20 	(f) In Minnesota Statutes, section 462A.07, subdivision 8, the revisor of statutes 
28.21 	shall change the term "commissioner of administration" to "commissioner of labor and 
28.22 	industry."
28.23 	(g) In Minnesota Statutes, section 471.465, the revisor of statutes shall change the 
28.24 	term "commissioner of administration" to "commissioner of labor and industry."
28.25 	(h) In Minnesota Statutes, section 471.466, the revisor of statutes shall change the 
28.26 	term "commissioner of administration" to "commissioner of labor and industry."
28.27 	(i) In Minnesota Statutes, section 471.467, subdivision 1, the revisor of statutes 
28.28 	shall change the term "commissioner of administration" to "commissioner of labor and 
28.29 	industry."
28.30 	(j) In Minnesota Statutes, section 471.471, the revisor of statutes shall change the 
28.31 	term "Building Code and Standards Division of the Department of Administration" 
28.32 	to "Department of Labor and Industry," and shall change the term "commissioner of 
28.33 	administration" to "commissioner of labor and industry."

28.34 	Sec. 2. Minnesota Statutes 2004, section 144.99, subdivision 1, is amended to read:
29.1 		Subdivision 1.Remedies available. The provisions of chapters 103I and 157 and 
29.2 	sections  115.71 to  115.77;  144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), 
29.3 	(13), (14), and (15);  144.1201 to  144.1204;  144.121;  144.1222;  144.35;  144.381 to  
29.4 	144.385;  144.411 to  144.417;  144.495;  144.71 to  144.74;  144.9501 to  144.9509;  144.992;  
29.5 	326.37 to  326.45;  326.57326.70 to  326.785;  327.10 to  327.131; and  327.14 to  327.28 and 
29.6 	all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, 
29.7 	registrations, certificates, and permits adopted or issued by the department or under any 
29.8 	other law now in force or later enacted for the preservation of public health may, in 
29.9 	addition to provisions in other statutes, be enforced under this section. 

29.10 	Sec. 3. Minnesota Statutes 2004, section 175.16, subdivision 1, is amended to read:
29.11 		Subdivision 1.Established. The Department of Labor and Industry shall consist 
29.12 	of the following divisions: Division of Workers' Compensation, Division of Boiler 
29.13 	Inspection Construction Codes and Licensing, Division of Occupational Safety and 
29.14 	Health, Division of Statistics, Division of Steamfitting Standards, Division of Labor 
29.15 	Standards and Apprenticeship, and such other divisions as the commissioner of the 
29.16 	Department of Labor and Industry may deem necessary and establish. Each division of 
29.17 	the department and persons in charge thereof shall be subject to the supervision of the 
29.18 	commissioner of the Department of Labor and Industry and, in addition to such duties 
29.19 	as are or may be imposed on them by statute, shall perform such other duties as may be 
29.20 	assigned to them by the commissioner. Notwithstanding any other law to the contrary, 
29.21 	the commissioner is the administrator and supervisor of all of the department's dispute 
29.22 	resolution functions and personnel and may delegate authority to compensation judges 
29.23 	and others to make determinations under sections  176.106,  176.238, and  176.239 and to 
29.24 	approve settlement of claims under section  176.521. 

29.25 	Sec. 4. Minnesota Statutes 2004, section 214.01, subdivision 3, is amended to read:
29.26 		Subd. 3.Non-health-related licensing board. "Non-health-related licensing 
29.27 	board" means the Board of Teaching established pursuant to section  122A.07, the Board 
29.28 	of Barber Examiners established pursuant to section  154.22, the Board of Assessors 
29.29 	established pursuant to section  270.41, the Board of Architecture, Engineering, Land 
29.30 	Surveying, Landscape Architecture, Geoscience, and Interior Design established pursuant 
29.31 	to section  326.04, the Board of Electricity established pursuant to section  326.241, the 
29.32 	Private Detective and Protective Agent Licensing Board established pursuant to section  
29.33 	326.33, the Board of Accountancy established pursuant to section  326A.02, and the Peace 
29.34 	Officer Standards and Training Board established pursuant to section  626.841. 

30.1 	Sec. 5. Minnesota Statutes 2005 Supplement, section 214.04, subdivision 1, is 
30.2 	amended to read:
30.3 		Subdivision 1.Services provided. (a) The commissioner of administration with 
30.4 	respect to the Board of Electricity; the commissioner of education with respect to the 
30.5 	Board of Teaching; the commissioner of public safety with respect to the Board of Private 
30.6 	Detective and Protective Agent Services; the panel established pursuant to section 
30.7 	299A.465, subdivision 7; the Board of Peace Officer Standards and Training; and the 
30.8 	commissioner of revenue with respect to the Board of Assessors, shall provide suitable 
30.9 	offices and other space, joint conference and hearing facilities, examination rooms, and 
30.10 	the following administrative support services: purchasing service, accounting service, 
30.11 	advisory personnel services, consulting services relating to evaluation procedures and 
30.12 	techniques, data processing, duplicating, mailing services, automated printing of license 
30.13 	renewals, and such other similar services of a housekeeping nature as are generally 
30.14 	available to other agencies of state government. Investigative services shall be provided 
30.15 	the boards by employees of the Office of Attorney General. The commissioner of health 
30.16 	with respect to the health-related licensing boards shall provide mailing and office supply 
30.17 	services and may provide other facilities and services listed in this subdivision at a 
30.18 	central location upon request of the health-related licensing boards. The commissioner of 
30.19 	commerce with respect to the remaining non-health-related licensing boards shall provide 
30.20 	the above facilities and services at a central location for the remaining non-health-related 
30.21 	licensing boards. The legal and investigative services for the boards shall be provided 
30.22 	by employees of the attorney general assigned to the departments servicing the boards. 
30.23 	Notwithstanding the foregoing, the attorney general shall not be precluded by this section 
30.24 	from assigning other attorneys to service a board if necessary in order to insure competent 
30.25 	and consistent legal representation. Persons providing legal and investigative services 
30.26 	shall to the extent practicable provide the services on a regular basis to the same board 
30.27 	or boards.
30.28 	(b) The requirements in paragraph (a) with respect to the panel established in section 
30.29 	299A.465, subdivision 7, expire July 1, 2008.

30.30 	Sec. 6. Minnesota Statutes 2004, section 214.04, subdivision 3, is amended to read:
30.31 		Subd. 3.Officers; staff. The executive director of each health-related board and 
30.32 	the executive secretary of each non-health-related board shall be the chief administrative 
30.33 	officer for the board but shall not be a member of the board. The executive director or 
30.34 	executive secretary shall maintain the records of the board, account for all fees received 
30.35 	by it, supervise and direct employees servicing the board, and perform other services as 
31.1 	directed by the board. The executive directors, executive secretaries, and other employees 
31.2 	of the following boards shall be hired by the board, and the executive directors or executive 
31.3 	secretaries shall be in the unclassified civil service, except as provided in this subdivision:
31.4 	(1) Dentistry;
31.5 	(2) Medical Practice;
31.6 	(3) Nursing;
31.7 	(4) Pharmacy;
31.8 	(5) Accountancy;
31.9 	(6) Architecture, Engineering, Land Surveying, Landscape Architecture, 
31.10 	Geoscience, and Interior Design;
31.11 	(7) Barber Examiners;
31.12 	(8) Cosmetology;
31.13 	(9) Electricity;
31.14 	(10)(9) Teaching;
31.15 	(11)(10) Peace Officer Standards and Training;
31.16 	(12)(11) Social Work;
31.17 	(13)(12) Marriage and Family Therapy;
31.18 	(14)(13) Dietetics and Nutrition Practice; and
31.19 	(15)(14) Licensed Professional Counseling.
31.20 	The executive directors or executive secretaries serving the boards are hired by those 
31.21 	boards and are in the unclassified civil service, except for part-time executive directors 
31.22 	or executive secretaries, who are not required to be in the unclassified service. Boards 
31.23 	not requiring full-time executive directors or executive secretaries may employ them on 
31.24 	a part-time basis. To the extent practicable, the sharing of part-time executive directors 
31.25 	or executive secretaries by boards being serviced by the same department is encouraged. 
31.26 	Persons providing services to those boards not listed in this subdivision, except executive 
31.27 	directors or executive secretaries of the boards and employees of the attorney general, are 
31.28 	classified civil service employees of the department servicing the board. To the extent 
31.29 	practicable, the commissioner shall ensure that staff services are shared by the boards 
31.30 	being serviced by the department. If necessary, a board may hire part-time, temporary 
31.31 	employees to administer and grade examinations.

31.32 	Sec. 7. Minnesota Statutes 2004, section 327.20, subdivision 1, is amended to read:
31.33 		Subdivision 1.Rules. No domestic animals or house pets of occupants of 
31.34 	manufactured home parks or recreational camping areas shall be allowed to run at large, 
31.35 	or commit any nuisances within the limits of a manufactured home park or recreational 
32.1 	camping area. Each manufactured home park or recreational camping area licensed under 
32.2 	the provisions of sections  327.10,  327.11,  327.14 to  327.28 shall, among other things, 
32.3 	provide for the following, in the manner hereinafter specified: 
32.4 	(1) A responsible attendant or caretaker shall be in charge of every manufactured 
32.5 	home park or recreational camping area at all times, who shall maintain the park or 
32.6 	area, and its facilities and equipment in a clean, orderly and sanitary condition. In any 
32.7 	manufactured home park containing more than 50 lots, the attendant, caretaker, or other 
32.8 	responsible park employee, shall be readily available at all times in case of emergency.
32.9 	(2) All manufactured home parks shall be well drained and be located so that the 
32.10 	drainage of the park area will not endanger any water supply. No wastewater from 
32.11 	manufactured homes or recreational camping vehicles shall be deposited on the surface of 
32.12 	the ground. All sewage and other water carried wastes shall be discharged into a municipal 
32.13 	sewage system whenever available. When a municipal sewage system is not available, a 
32.14 	sewage disposal system acceptable to the state commissioner of health shall be provided.
32.15 	(3) No manufactured home shall be located closer than three feet to the side lot lines 
32.16 	of a manufactured home park, if the abutting property is improved property, or closer than 
32.17 	ten feet to a public street or alley. Each individual site shall abut or face on a driveway 
32.18 	or clear unoccupied space of not less than 16 feet in width, which space shall have 
32.19 	unobstructed access to a public highway or alley. There shall be an open space of at least 
32.20 	ten feet between the sides of adjacent manufactured homes including their attachments 
32.21 	and at least three feet between manufactured homes when parked end to end. The space 
32.22 	between manufactured homes may be used for the parking of motor vehicles and other 
32.23 	property, if the vehicle or other property is parked at least ten feet from the nearest 
32.24 	adjacent manufactured home position. The requirements of this paragraph shall not apply 
32.25 	to recreational camping areas and variances may be granted by the state commissioner 
32.26 	of health in manufactured home parks when the variance is applied for in writing and in 
32.27 	the opinion of the commissioner the variance will not endanger the health, safety, and 
32.28 	welfare of manufactured home park occupants.
32.29 	(4) An adequate supply of water of safe, sanitary quality shall be furnished at each 
32.30 	manufactured home park or recreational camping area. The source of the water supply 
32.31 	shall first be approved by the state Department of Health.
32.32 	(5) All plumbing shall be installed in accordance with the rules of the state 
32.33 	commissioner of healthlabor and industry and the provisions of the Minnesota Plumbing 
32.34 	Code.
32.35 	(6) In the case of a manufactured home park with less than ten manufactured homes, 
32.36 	a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of 
33.1 	the park in times of severe weather conditions, such as tornadoes, high winds, and floods. 
33.2 	The shelter or evacuation plan shall be developed with the assistance and approval of 
33.3 	the municipality where the park is located and shall be posted at conspicuous locations 
33.4 	throughout the park. The park owner shall provide each resident with a copy of the 
33.5 	approved shelter or evacuation plan, as provided by section  327C.01, subdivision 1c. 
33.6 	Nothing in this paragraph requires the Department of Health to review or approve any 
33.7 	shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan 
33.8 	submitted by a park shall not be grounds for action against the park by the Department of 
33.9 	Health if the park has made a good faith effort to develop the plan and obtain municipal 
33.10 	approval. 
33.11 	(7) A manufactured home park with ten or more manufactured homes, licensed prior 
33.12 	to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the 
33.13 	evacuation of park residents to a safe place of shelter within a reasonable distance of the 
33.14 	park for use by park residents in times of severe weather, including tornadoes and high 
33.15 	winds. The shelter or evacuation plan must be approved by the municipality by March 1, 
33.16 	1989. The municipality may require the park owner to construct a shelter if it determines 
33.17 	that a safe place of shelter is not available within a reasonable distance from the park. A 
33.18 	copy of the municipal approval and the plan shall be submitted by the park owner to the 
33.19 	Department of Health. The park owner shall provide each resident with a copy of the 
33.20 	approved shelter or evacuation plan, as provided by section  327C.01, subdivision 1c. 
33.21 	(8) A manufactured home park with ten or more manufactured homes, receiving 
33.22 	a primary license after March 1, 1988, must provide the type of shelter required by 
33.23 	section  327.205, except that for manufactured home parks established as temporary, 
33.24 	emergency housing in a disaster area declared by the President of the United States or 
33.25 	the governor, an approved evacuation plan may be provided in lieu of a shelter for a 
33.26 	period not exceeding 18 months. 
33.27 	(9) For the purposes of this subdivision, "park owner" and "resident" have the 
33.28 	meaning given them in section  327C.01. 

33.29 	ARTICLE 11
33.30 	REPEALER; EFFECTIVE DATE

33.31 	Section 1.  REPEALER.
 33.32 	(a) Minnesota Statutes 2004, sections 183.52; 183.61, subdivisions 1, 3, 5, and 6; 
33.33 	326.01, subdivision 6h; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9j, and 9k; 
33.34 	326.244, subdivision 6; 326.246; 326.2461; 326.51; 326.521; and 327B.05, subdivisions 
33.35 	2, 3, 4, 5, and 6, are repealed.
34.1 	(b) Minnesota Rules, parts 3800.2650; 3800.3580; 3800.3750; 3800.3835; 
34.2 	4715.5600; and 4717.7000, subpart 1, item I, are repealed.

34.3 	Sec. 2. EFFECTIVE DATE.
 34.4 	This act is effective December 1, 2006, except when another date is specified. The 
34.5 	revisor's instructions contained in this act shall be implemented for the 2006 edition of 
34.6 	Minnesota Statutes.